WEBSITE HOSTING, MAINTENANCE AND SOCIAL MEDIA MARKETING AGREEMENT

Agreement entered into by and between:

MARINEL MOSTERT HOLDINGS (PTY) LTD
COMPANY NO. 2018/230801/07
Trading as Mel’s Media – Graphic and Web design
A Private Company duly incorporated under the laws of South Africa and having its main place of business at
285 Knysna Avenue, Sinoville, 0129
E-MAIL ADDRESS: info@melsmedia.co.za
Represented herein by duly authorized director Marinel Mostert

(hereinafter referred to as “the company”)

and “the client” (information at the end of document)

The company and the client shall collectively be referred to as “the parties”.

WHEREAS the company is trading as a website designer and in website hosting and maintenance and is in a position to deliver the services/products mentioned hereinafter;

AND WHEREAS the client requires the services/products delivered by the company;

AND WHEREAS the parties are desirous to enter into an agreement in respect of services/products with each other and reduce the terms of said agreement to writing;

NOW THEREFORE the parties hereby agree as follows:

1. SERVICES

Services provided by the company to the client shall comprise of :

i. hosting of website
ii. maintenance of website
iii. social media marketing
iv. Search Engine Optimisation (SEO) improvement.

2. HOSTING OF WEBSITE

i. The hosting of the client’s preferred domain will be done through the company with AfriHost.

ii. All payment is done by the company and is part of the subscription payment.

iii. Email accounts are part of the hosting package.

iv. Emails will not be stored on the server for longer than 30 days. The client must make their own offline backups.

3. MAINTENANCE OF WEBSITE

i. Monthly Website Server and Plugin updates (software updates as required to stay up to date with latest software versions);

ii. Monthly Website Backup Creation and 1 Hour of labour every month. The parties acknowledge that labour does not carry over to the next month and is forfeited if unused;

iii. Any changes on the website that the client sends to the company, will be done in the allotted monthly labour time. If any changes exceed the allotted time, the company will alert the client and send a quotation for hourly work charges. This will only be the case for major changes on the website, for example new template or functions (for example blogs) on the website.

iv. Unused labour hours cannot be exchanged for any other purchasable services the company provides.

4. SOCIAL MEDIA MARKETING

i. All requested social media platforms will be created and managed by the company;

ii. One post will be designed every week (4 designs in total for the month) that will be cross posted over all platforms for the client;

iii. Any additional designs for social media will be charged separately.

iv. Client recommendations and preferences will be considered and only be utilized if the recommendations and preferences can be incorporated into the company’s framework of social media marketing for the purpose of optimising visibility, and therefore, more effective marketing.

5. SEARCH ENGINE OPTIMISATION (GOOGLE APPEARANCE) IMPROVEMENT

i. The company will continuously improve on the client’s SEO throughout the duration of this agreement, updating the Backend of the client’s website to Google’s specifications.

ii. This service forms part of website maintenance. The client’s weekly social media post as referred to in clause 4 will also be shared with Google for increased visibility.

6. CONTRACT DURATION

i. This agreement commences on date of signature and will be for an indefinite period until such time as it is terminated by one or both parties.

ii. This agreement may be terminated by giving 30 calendar days written notice to the other party.

7. PAYMENT TERMS

i. For the services as agreed to as per the terms of this agreement, the client will pay to the company an agreed fixed monthly contract amount of R385.00 for the full term of this agreement.

ii. The fixed monthly contract amount shall escalate annually with an amount equal to 10% of the fixed monthly contract amount on 1 January of the following year.

iii. Payment must be made accordingly by EFT directly into the company’s banking account mentioning the relevant reference. Payment must be made on or before the 7th day of each month.

iv. A late payment penalty fee of R50 per day will be charged for every day account is in arrears.

v. Account and reference details will be supplied by the company to the client after signature of this agreement. It is the responsibility of the client to ensure that the banking details are correct prior to making payment.

vi. In the event that the client defaults in payment of any amount due in terms of this clause 7, the company will give notice to the client to rectify it’s breach within 5 days, where after all services mentioned in section 1 will be terminated until such time as payment is received.

8. BREACH

i. In the event that the company Is in breach of any of the terms of this agreement by failing to comply with any of its obligations in terms of this Agreement, and fails to rectify such breach after receiving 5 days’ notice in writing by the client to do so, the client shall be entitled to:

1. terminate the Agreement with immediate effect and without payment to the company of any damages of whatsoever nature including without limitation consequential damages, loss of business and/or profits resulting from such termination.

ii. In the event that the client is in breach of any of the terms of this agreement and fails to rectify such breach after receiving 5 days’ notice in writing by the company to do so, the company shall be entitled to either suspend the Agreement as provided for in clause 7(vii) above, alternatively to terminate the Agreement and shall be entitled to claim from the client any damages which the company may suffer, including without limitation consequential damages, loss of business and/or profits resulting from such termination.

9. DISPUTES

i. With exclusion of disputes as to breach and/or non-payment, in the event of any other disputes arising as a result of this agreement:

1. the affronted party must notify the other party in writing of the dispute within 14 days.
2. If the dispute is not rectified and/or resolved within a period of 14 days, the agreement may be cancelled with immediate effect.

ii. Any dispute resulting from this agreement may be referred for mediation by either party and if mediation is not successful, such dispute may be referred for arbitration, which decision will be final and binding on the parties.

iii. This clause should not be construed as precluding either party from proceeding with civil litigation, so they wish to do so.

10. NOTICES AND DOMICILIUM

i. The parties choose as their domicilia citandi et executandi their respective addresses set out on the first page of this Agreement for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this Agreement, its breach or termination may validly be served upon or delivered to the parties, or at such other address of which the party concerned may notify the other in writing provided that no street address mentioned in this sub-clause shall be changed to a post office box or poste restante.

ii. Any notice given in terms of this agreement shall be in writing and shall –

1. if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
2. if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) day following the date of such posting;
3. if transmitted by facsimile or electronic mail be deemed to have been received by the addressee on the day following the date of dispatch, unless the contrary is proved.
4. Notwithstanding anything to the contrary contained or implied in this agreement, a written notice or communication actually received by one of the parties from another including by way of facsimile transmission or electronic mail shall be adequate written notice of communication to such party.

11. WHOLE AGREEMENT

This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject hereof other than those set out herein are binding on the parties.

12. VARIATION

No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by the parties or their duly authorised representatives.

13. RELAXATION

No latitude, extension of time or other indulgence which may be given or allowed by any party to the other party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any party arising from this agreement, and no single or partial exercise of any right by either party under this agreement, shall in any circumstances be to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the party’s rights in terms of or arising from this agreement or estoppel or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

14. SIGNATURE

i. This agreement is signed by the parties on the dates and at the places indicated opposite their respective names.

ii. This agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

iii. The persons signing this agreement in a representative capacity warrant their authority to do so.

15. SEVERABILITY OF CLAUSES

Each clause of this agreement is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of this agreement, which shall remain of full force and effect.