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The Legal Stuff

Here are the Terms and Conditions of service, explained as easily and briefly as possible to avoid misunderstandings. The URL to these terms and conditions is clearly stated on the estimate/quotation and is displayed on this website at all times. Instruction for commencement of work, however received, indicates that you understand and accept the terms and conditions of service and payment. The Hanna Smith Agency (Pty) Ltd may change the terms and conditions without notice, so please review this page frequently.

General
The relationship between Elizabeth Tsikkos (hereafter “The Hanna Smith Agency” or “Hanna Smith” or “THSA”) and the client is not an employer / employee relationship or an agency or a partnership in any shape or form. Elizabeth works as an independent contractor and her services will be limited to the project at hand.

We reserve the right to modify our terms and conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

Estimates
It is important to note that estimates are not final quotations and that THSA reserves the right to withdraw an estimate if the scope of work differs from the initial brief or audit.

Copywriting and Design
The client is provided with a maximum of three drafts for review unless otherwise agreed upon. The final (third) draft must be approved within seven business days of receipt. Upon approval, the client will sign off on the copy/designs and pay any remaining fees. Acceptance of the work constitutes approval/signing off. If you are not satisfied with our work for any reason, please notify us in writing so we can address the issue. This will not be considered a valid reason for withholding payment.

It is very important to note that policies and other business documents are provided as a copywriting service. Policies, contracts and any other documents that have been written by The Hanna Smith Agency are not legal documents and cannot be used as such. Please have documents of a legal nature, or that describe company or other policies and/or terms and conditions of any sort, reviewed by an attorney.

Copywriting Briefs and Project Abandonment
It is the responsibility of the client to ensure that we have everything we need to start work on a project. Where applicable, a maximum of three drafts are presented to the client, where the third is considered the final draft. If additional work is required after the final draft, an additional hourly fee will be charged. If the original brief is changed (i.e. the client wants something different from what was in the original brief), a reasonable fee will be applied to cover the work that was abandoned. In this case, a new quotation will be provided to the client. Please note that THSA will often do everything in its power to ensure that the client is happy. However, we request that our clients refrain from exploiting our generosity and provide us with a clear and unified brief, as multiple opinions and inconsistencies may hinder our ability to perform optimally.

Final copy/designs are provided to the client only once full payment is received unless specifically arranged otherwise. The final copy will include all the project assets, where applicable.

THSA reserves the right to provide additional quotations or charge additional fees for work that was not included/disclosed in the initial brief.

All medical, financial, and legal businesses must be fully licensed and registered at their applicable legal and regulatory body in order for THSA to provide services to such business/practice/firm/institution. That is, please ensure that you have a Legal Practice Number, FSP, or HPCSA number before requesting services.

SEO Services
Unless specifically stated otherwise, all SEO services are monthly services. It is important to note that ranking cannot ever be guaranteed. Ranking on search engines like Google takes time and effort, and the nature of Google’s algorithms and ranking factors plays a significant role in ranking. If we discover development or other critical issues affecting your website or ranking potential, we will offer a quotation from a partner agency before continuing work. Your monthly SEO plan may however continue and development delays do not constitute a reason for non-payment.

SEO audits, and especially those provided by partner or other agencies, should be regarded as preliminary. In no circumstance should fixes or development changes be applied to a website on the basis of any suggestion or recommendation from an audit without thorough investigation by your own website developer.

Training
Training is subject to availability, and may be discontinued at any time without notice. All training fees must be paid in full before the start of the course. No refunds will be given if the student does not complete the course for any reason, or fails to perform during the training for any reason. On-site training is limited to certain modules, and does not cover each module offered in the online training course. The student does however receive all the content for the entire course for self-study, where applicable. Learner support is not offered on purchase of the learning material alone. Learner support is offered at The Hanna Smith Agency’s discretion, and may quote the company or student on further services that arise within the scope of the training.

Use of work on our website and portfolio
Note that THSA may include example copy, statistics and data, or publicly available logos and your business name in a portfolio or on our website. We will of course never share any sensitive or confidential information. If you do not want us to use your company name etc. in our portfolios, please let us know, and we will respect your wish.

Indemnity
The client, subscriber, user, or any person who accesses services or content in any way, indemnifies and holds The Hanna Smith Agency harmless against loss, liability or damages of whatsoever nature. The Hanna Smith Agency will also not accept liability or damages of whatsoever nature for instances relating to subscriber or shared communications, subscriber or shared content, interception of subscriber communications, publications or any use of the content available on the website or social media pages of any kind, or for any services rendered.

For social media and other online services: THSA assumes no responsibility or liability for any damages, losses, or any other consequences that may arise from using the usernames and passwords provided by customers to access their social media accounts, websites, or other online profiles. Customers acknowledge that they are providing their account details voluntarily and at their own risk. By engaging our services, customers acknowledge and accept that they have read and understood this legal disclaimer and agree to hold our agency harmless from any claims or damages resulting from our use of their social media, website, and other accounts.

Services offered by partner agencies: It is important to note that THSA assumes no responsibility or liability for any damages, losses, or any other consequences that may arise from the use of materials, assets, or information provided by partner or other agencies. Although we try our best to ensure that we only work with knowledgeable agencies, we cannot guarantee the complete accuracy and quality of their work.

Termination of services
The Hanna Smith Agency may discontinue any service at any time without notice.

Payment terms
Instruction to commence work indicates the acceptance of the quotation, whether as written or verbal instruction. A full payment is required for the commencement of work. Invoices outstanding from 30 days will incur interest at 1.5% per month. The Hanna Smith Agency may withhold delivery of project assets due to non-payment.

Monthly services (this includes all social media and SEO packages) are subject to 30 days’ notice, except for the months of November and December which require 60 days’ notice. All notice of cancellation of services must be received in writing by no later than the 5th of the month for cancellation at the end of the same month. Notice provided after the 5th is subject to cancellation the following month. All services must be cancelled in writing by the client. The Hanna Smith Agency reserves the right to cancel services without notice where the client has not made payment for 1 consecutive month. The client remains liable for the full outstanding service fee plus a one (1) month cancellation fee. All SEO and Digital Marketing services are billed in advance and not in arrears.

Refunds are offered at the sole discretion of The Hanna Smith Agency. Please ensure that you understand that specific outcomes can never be guaranteed.

Failure to perform
In the unlikely event that any party fails to fulfil its obligations due to an act of god, catastrophic event, or any cause beyond the reasonable control of the party concerned, the other party shall not be entitled to any claim for losses or damages of any kind.

Errors, because we are human
The Hanna Smith Agency makes every effort to ensure that projects and copy are error free. However, The Hanna Smith Agency cannot guarantee that every project is completely free from errors.

Confidentiality
The Hanna Smith Agency is aware that certain projects may contain sensitive information. We will not disclose information concerning your project unless specifically so agreed. All sensitive documentation received is secured to ensure compliance with data privacy laws. If you wish for your data to be destroyed after project completion, please let us know. Please be aware that a backup of your documents/project assets/communications will not be held if an instruction to delete/destroy is received by The Hanna Smith Agency. In general, backups are not retained and cannot be guaranteed. If a backup of your project assets and documents is required, please contact us for a quotation.

The Hanna Smith Agency may from time to time retain extracts of work for inclusion in a portfolio.

The Hanna Smith Agency may from time to time contract work to third parties. Be assured that all contractors are required to adhere to the level of service expected from the agency.

Blog and general information
We do not guarantee, represent or warrant that your use of our blog/information/website will be uninterrupted, secure, or free from errors. The information in our blog(s)/website is for general information purposes only. The Hanna Smith Agency, publisher, and any contributor does not guarantee the accuracy of any information and links to information. Information/blog(s)/website should not be considered legal, professional or career advice, and should not be construed as such. You must not rely on information on this website/blog(s) as an alternative to professional advice from your own attorney, career counselor, recruitment agent, company, manager, accountant, or any other applicable professional person. Information/blog(s)/website is not guaranteed to be available at all times, and may be removed without notice. Our content should only be read in its original format.

Privacy policy
We take our responsibility under the Protection of Personal Information Act 4 of 2013 (also known as POPIA) seriously, and we have therefore put in place strict measures to ensure that any personal information we receive whilst providing a service is kept secure and is used only for the purpose for which it was collected.

 

What is POPIA about?
POPI prescribes a set of conditions and principles that regulate the collection, processing and use of personal information, and ensures the lawfulness of such actions. These principles and conditions have been enacted (made to law) to promote the constitutional right to privacy contained in section 14 of the South African Constitution and to protect a person’s personal information and the use of this information by third parties. Bear in mind that different countries have their own unique privacy laws.

Importantly, POPI protects persons from suffering damage and harm by requiring entities and parties who receive their personal details to protect the confidentiality and integrity of such information. POPI therefore places an important responsibility on parties who collect, store, use and destroy personal information, and also provides rights and solutions to persons whose rights have been infringed in terms of POPI. It requires the relevant parties dealing with personal information to take care of such information and protects the general public against the incorrect and unauthorised use of their personal information, whether used for purposes of identity theft, abusive marketing practices or other unauthorised purposes. It is important to be aware that POPI does not aim to stop the flow or sharing of personal information, but rather aims to establish and set guidelines and rules for how this must be done in line with international standards, to protect the privacy of the persons whose personal information is being processed.

Terms and Definitions

  • Data Subject: The individual whose personal data is being processed and to whom personal information relates.
  • Responsible Party: The responsible party is the individual or company, either public or private, that processes personal information and determines its purpose.
  • Operator: A responsible party should not be confused with an operator who is a person processing the information on the instruction of the responsible party by contract or mandate and is not under the direct authority of the responsible party. When personal information is processed by an operator the responsible party still remains responsible for the
    processing.
  • Personal information: In terms of POPI, personal information is any information relating to an identifiable, living natural person and, if applicable, to an existing identifiable juristic person (which is known as a “data subject”).
  • Personal information may therefore include but is not limited to any of the following – information relating to race, gender, sexual orientation, medical history, criminal history, religion, beliefs, disabilities, marital status, pregnancy, language, education, finances, employment history, online identifiers, pseudonyms, physical address, telephone numbers, and biometric information. If processing a name of a person reveals that person’s personal information, then the name is also considered personal information.
  • Processing: The processing of personal information involves any collection, use, storage, deletion, or destruction of personal information.

We receive, process and store personal information (such as name, surname, email address, phone number) you enter on our website or provide us in any other way, such as directly from you in emails or from lead generation forms. We also indirectly receive information from agencies who contract us to perform services on their client’s behalf. Your information is processed in order for us to provide a service to you, to send you accounts and reports and marketing communications to which you have subscribed. Subscribers to our blog can be assured that their data is only processed for the purpose of receiving updates from us.

How we process your personal information lawfully
The personal information that we collect is processed in line with the 8 conditions for lawful processing in the Protection of Personal Information Act. We therefore:

  • Accept joint responsibility and accountability with you to responsibly manage and protect your Personal Information when providing our services and solutions to you;
  • Undertake to receive, only from you, and process the Personal Information that is necessary for the purpose to assist you with your required transaction or solution, conclude the necessary related agreements and consider the legitimate legal interests of everyone concerned, as required by the Act and to respect your right to withdraw your consent for the processing of your Personal Information;
  • Undertake to only use your Personal Information for the purpose for which it was collected;
  • Undertake not to share or further process your Personal Information with anyone if not required for assisting you with your solutions or by the law;
  • Undertake to be open and transparent and notify you as and when required by law regarding why and how your Personal Information needs to be collected;
  • Undertake to safeguard and protect your Personal Information in our possession;
  • Undertake to freely confirm what Personal Information we have, to update and correct the Personal Information, and to keep it for no longer than legally required. You have the right to ask for your personal information to be rectified or deleted.

Other reasons for processing your personal information include:

  • To assist us in carrying out a transaction you requested and to maintain our relationship;
  • To respond to your queries;
  • To confirm and verify your identity or to verify that you are an authorised user for security purposes;
  • For billing and other accounting purposes;
  • To assess and process orders where this is applicable;
  • For audit and record-keeping purposes;
  • In connection with possible requirements by the Information Regulator or other Government agencies allowed by law, legal proceedings, or court rulings.

 

Consent to processing and correction of personal information

When you use any of our services you provide us your personal information and consent to the processing thereof. If you do not want us to process your personal information anymore, or wish to have your personal information rectified, please contact us at management@liztsikkos.co.za, or opt-out from the link provided in communications from us where this is available and applicable. It is also important to note that personal information provided to us before the POPIA commencement date may fall within its ambit and you consent to the processing thereof.

Third Party Website Links

Some of our websites provide links to third party websites, such as those of our affiliates, business partners and advertisers. We have no access to or control over their practices. Because The Hanna Smith Agency does not control the information policies or practices of these third party websites, you should review their privacy policies to learn more about how they collect and use personal information.

Privacy policies of other websites
This website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

 

If you work for us as a freelance writer
THSA hires freelance writers. It is important to note that no contract of any kind exists between THSA and the writer at any time. Writers are paid for copy delivered after a brief. If copy does not meet our standard or is not delivered on time, no payment is made to the writer. If copy is received and the client does not approve, THSA offers the client a revision. The writer rewriters the copy at no additional cost. However, all THSA clients are required to adhere to our terms as set out herein. A third draft is considered final.

Projects (where multiple articles or a large quantity of copy must be written and delivered, either once-off or over a period of time, are always subject to client approval at any stage of the project. Therefore, if the writer has started on a project but the client does not approve of the copy being delivered at any point, the writer will be paid a portion as determined by THSA for the content that was delivered, but will not proceed working on the project, and will therefore not receive payment for the remaining copy. The writer will, however, receive an opportunity to rectify the copy as per the three draft rule (see the copywriting process), but as mentioned, should the client still not approve of the copy, the writer will not continue and will not receive payment. THSA does not pay for copy in advance.

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