Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the Focus Online website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Services

Focus Online provides digital marketing services specifically for safari lodges and boutique hotels, including but not limited to Google Ads management, Meta advertising, SEO, social media management, website development, analytics, and related services. The specific services provided to you will be outlined in your service agreement or proposal.

Client Obligations

As a client, you agree to:

• Provide accurate and complete information necessary for us to deliver services
• Provide timely feedback and approvals as required
• Grant necessary access to accounts, platforms, and systems required for service delivery
• Pay all fees as outlined in your service agreement
• Comply with all applicable laws and regulations
• Ensure you have the rights to all content and materials you provide to us

Payment Terms

Payment terms will be specified in your individual service agreement and may include:

• Fixed monthly retainers
• Commission-based fees
• Hybrid models combining retainers and commissions
• One-off project fees

Invoices are typically due within 14 days of issue unless otherwise specified. Late payments may result in suspension of services and may incur late fees.

Intellectual Property

Your Content

You retain all rights to content and materials you provide to us. By providing content, you grant us a license to use, modify, and display that content solely for the purpose of delivering our services to you.

Our Work Product

Upon full payment, you will own the final deliverables we create specifically for you (websites, creative assets, etc.). However, we retain ownership of our proprietary tools, methodologies, templates, and any pre-existing materials. We also retain the right to showcase our work in our portfolio and marketing materials unless otherwise agreed in writing.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our relationship. This includes business strategies, financial information, campaign performance data, and other non-public information. We will not share your specific campaign results or performance metrics without your explicit permission.

Service Level and Performance

While we strive to deliver excellent results, we cannot guarantee specific outcomes such as search engine rankings, ad performance, or booking volumes. Digital marketing performance depends on many factors outside our control, including market conditions, competition, budget levels, and your property's offerings. We commit to using industry best practices and our specialised expertise to optimise your campaigns.

Term and Termination

Service agreements typically include:

• Ongoing Services: Either party may terminate with 30 days' written notice unless otherwise specified in your agreement
• One-Off Projects: Terms are defined in the project scope and timeline
• Minimum Terms: Some services may have minimum commitment periods as outlined in your agreement

Upon termination, you remain responsible for payment of all services rendered up to the termination date. We will provide reasonable assistance with transitioning services to another provider.

Limitation of Liability

To the maximum extent permitted by law, Focus Online shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost bookings, arising out of or related to our services. Our total liability shall not exceed the fees paid by you in the 6 months preceding the claim.

Third-Party Platforms

Our services often involve third-party platforms (Google, Meta, etc.). You acknowledge that these platforms have their own terms of service and policies, and we are not responsible for changes to these platforms, their algorithms, or their policies. We will make reasonable efforts to adapt to platform changes, but cannot guarantee uninterrupted service during major platform updates or policy changes.

Indemnification

You agree to indemnify and hold Focus Online harmless from any claims, damages, or expenses arising from your use of our services, your violation of these Terms, or your violation of any rights of another party.

Dispute Resolution

These Terms shall be governed by the laws of South Africa. Any disputes arising from these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through arbitration in Cape Town, South Africa, in accordance with the Arbitration Act of South Africa.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify clients of material changes via email. Your continued use of our services after such notification constitutes acceptance of the modified Terms.

Entire Agreement

These Terms, together with your specific service agreement or proposal, constitute the entire agreement between you and Focus Online regarding our services. Any modifications must be made in writing and signed by both parties.

Contact Information

If you have questions about these Terms, please contact us:

• Email: hello@focusonline.co.za
• Location: Cape Town, South Africa