Terms & Conditions

Memo-Mark

Last updated: 19 February 2026

1. Introduction

These Terms and Conditions (“Terms”) govern all services provided by Memo-Mark (“we”, “us”, “our”), a marketing agency offering digital marketing and related services. By engaging Memo-Mark, the client (“you”, “the Client”) agrees to be bound by these Terms.

2. Services

Memo-Mark provides professional marketing services, including but not limited to:

  • Email marketing strategy, copywriting, design, and automation

  • Web development and website optimisation

  • Rebranding and brand positioning

  • Paid advertising campaigns (including Google Ads and Meta/Facebook Ads)

  • Search engine optimisation (SEO)

  • Marketing strategy and consulting

Specific deliverables, timelines, pricing, and scope will be outlined in a written proposal, quotation, or agreement prior to the commencement of work.

3. Client Responsibilities

The Client agrees to:

  • Provide accurate, complete, and lawful information required to perform services

  • Supply all content, access credentials, assets, and approvals timeously

  • Ensure all materials provided do not infringe on third-party rights

  • Review and approve deliverables within agreed timeframes

Delays caused by the Client may impact timelines and do not constitute a breach by Memo-Mark.

4. Email List Ownership & Compliance

The Client confirms and warrants that:

  • All email addresses, subscriber data, and contact lists supplied are lawfully obtained

  • Proper consent has been granted by recipients to receive marketing communications

  • All data complies with applicable laws, including but not limited to POPIA, GDPR, CAN-SPAM, and similar regulations

  • No purchased, scraped, rented, or third-party lists are used unless explicitly disclosed and approved in writing

Memo-Mark does not source, verify, or validate email lists unless expressly agreed.

5. Email List Liability & Indemnification

The Client acknowledges that:

  • Memo-Mark relies entirely on the Client’s representations regarding data legality and consent

  • The Client is solely responsible for the quality, legality, and compliance of all data supplied

The Client agrees to fully indemnify and hold harmless Memo-Mark, its directors, contractors, and affiliates against any claims, penalties, fines, damages, losses, or legal costs arising from:

  • Unlawful or non-compliant email lists

  • Breaches of data protection or anti-spam laws

  • Complaints, investigations, or enforcement actions

  • Blacklisting, deliverability issues, or platform suspensions caused by the Client’s data

6. Right to Refuse or Suspend Services

Memo-Mark reserves the right to:

  • Refuse, pause, or terminate services if there is reasonable suspicion of non-compliant data or unethical practices

  • Request proof of consent or list origin at any time

  • Terminate services immediately, without refund, if unlawful data is knowingly supplied

7. Advertising Platforms & Third-Party Tools

The Client acknowledges that:

  • Memo-Mark does not control third-party platforms such as Google, Meta (Facebook), email service providers, or hosting companies

  • Platform policies, account approvals, suspensions, or changes are outside Memo-Mark’s control

  • Ad spend, media budgets, and third-party fees are separate from Memo-Mark’s service fees unless stated otherwise

8. SEO & Performance Disclaimer

The Client understands that:

  • SEO, advertising, and email marketing results are influenced by factors beyond Memo-Mark’s control

  • No guarantees are made regarding rankings, traffic, conversions, deliverability, or revenue

  • Performance outcomes may fluctuate due to market conditions, competition, algorithms, or audience behaviour

9. Payments & Fees

  • Fees are outlined in the agreed proposal or invoice

  • Payment must be made by the due date stated

  • Late or missed payments may result in paused or terminated services

  • All fees are non-refundable once work has commenced, unless otherwise agreed in writing

10. Revisions & Scope

  • Revisions are limited to the scope defined in the agreement

  • Requests outside the agreed scope may incur additional charges

11. Intellectual Property

  • Upon full payment, the Client receives rights to final approved deliverables

  • Memo-Mark retains ownership of drafts, concepts, and unused materials

  • Memo-Mark may showcase completed work in portfolios or marketing materials unless otherwise agreed

12. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or strategic information shared during the engagement, unless disclosure is required by law.

13. Limitation of Liability

To the fullest extent permitted by law:

  • Memo-Mark shall not be liable for indirect, incidental, or consequential damages

  • Memo-Mark shall not be liable for losses arising from the Client’s data, email lists, consent practices, or third-party platforms

  • Total liability shall not exceed the fees paid for the specific service giving rise to the claim

14. Termination

Either party may terminate services with written notice if:

  • The other party materially breaches these Terms

  • Payments remain outstanding

All outstanding invoices remain payable upon termination.

15. Amendments

Memo-Mark reserves the right to update these Terms at any time. Continued use of services constitutes acceptance of the revised Terms.

16. Governing Law

These Terms shall be governed and interpreted in accordance with the laws of South Africa.

17. Contact

For any questions regarding these Terms, contact:
Memo-Mark
📧 malcolm@memo-mark.com