Terms & Conditions

Last updated: 5 September 2026

Please read these Terms & Conditions carefully before using The Digital Marketing Nerds website or engaging us for any of our services.

By accessing our website, requesting a quotation, accepting a quotation, placing an order, making payment, or engaging The Digital Marketing Nerds to provide services, you agree to be bound by these Terms & Conditions.

1. Definitions

For the purposes of these Terms & Conditions:

“Company”, “we”, “us” or “our” refers to The Digital Marketing Nerds, operating from 9C Jacobus Street, Glen Marais, Kempton Park, Gauteng, 1619, South Africa.

“Client”, “you” or “your” means any individual, business, company, organisation or other legal entity that accesses our website, requests information or engages us to provide services.

“Website” refers to The Digital Marketing Nerds website and its associated pages and online services.

“Services” means any services supplied by The Digital Marketing Nerds, including but not limited to digital marketing, social media marketing, paid advertising, Google-related services, search engine optimisation (SEO), branding and graphic design, website design and development, domain registration, web hosting, website maintenance and computer-related services.

“Third-Party Services” means any product, platform, software, application or service supplied by another company that may be used in providing our Services.

2. Acceptance of These Terms

By using our Website or engaging The Digital Marketing Nerds for any Service, you confirm that you have read, understood and agreed to these Terms & Conditions.

If you are acting on behalf of a company, organisation or other legal entity, you confirm that you have the authority to accept these Terms & Conditions on its behalf.

If you do not agree with these Terms & Conditions, you should not use our Services.

3. Our Services

The Digital Marketing Nerds provides digital and technology-related services, which may include:

• Website design and development
• Website maintenance
• Domain registration and management
• Web hosting
• Digital marketing
• Social media setup and management
• Google Business Profile services
• Google Ads setup and management
• Social media advertising
• Search engine optimisation (SEO)
• Branding and graphic design
• Logo design
• Email signature design
• Computer and IT-related services
• Other related digital services agreed upon with the Client

The exact scope, price, timeframe and deliverables of a project may be set out in a quotation, proposal, invoice, service agreement or other written communication between the Client and The Digital Marketing Nerds.

Where there is a conflict between these general Terms & Conditions and a specific written agreement signed or accepted by the Client, the specific agreement will apply to the extent of that conflict.

4. Quotations and Pricing

All quotations are based on the information and requirements supplied by the Client at the time the quotation is prepared.

Unless otherwise stated, quotations are valid for the period specified on the quotation.

Any work requested outside the original agreed scope may be treated as additional work and may result in additional charges.

We will, where reasonably possible, inform the Client of additional costs before undertaking substantial work outside the agreed scope.

All prices are quoted in South African Rand (ZAR), unless specifically stated otherwise.

Any applicable taxes or statutory charges will be dealt with as indicated on the relevant quotation or invoice and in accordance with South African law.

5. Payments

Payment terms will be specified on the applicable quotation, invoice or service agreement.

Where a deposit or upfront payment is required, work may only commence once the required payment has been received and cleared.

The Client is responsible for ensuring that payments are made by the agreed due date.

The Digital Marketing Nerds reserves the right, subject to applicable law and any agreed service terms, to suspend work or Services where an account remains unpaid after the applicable due date.

Any recurring services, including hosting, domain registration, website maintenance, advertising management or other subscription-based services, must be paid according to the billing cycle agreed with the Client.

Third-party fees may change from time to time and may be passed on to the Client where applicable.

6. Client Responsibilities

The Client agrees to provide all information, content, images, logos, passwords, access credentials, approvals and other material reasonably required for us to complete the agreed work.

The Client warrants that any material supplied to us may lawfully be used for the intended purpose and does not infringe the copyright, trademark, privacy or other rights of any third party.

The Client is responsible for reviewing and approving information, designs, website content, advertising material and other deliverables before final publication or launch.

Delays in supplying content, information, access or approvals may result in delays to the project completion date.

7. Website Design and Development

Website designs will be developed according to the scope agreed with the Client.

The Client will be provided with a reasonable opportunity to review the website and request changes within the agreed scope.

Additional changes, new functionality or substantial alterations requested after approval or outside the original scope may be charged separately.

Although we aim to develop websites that function correctly across modern devices and browsers, differences may occur between browsers, operating systems, devices, screen sizes and third-party software.

We cannot guarantee that a website will remain fully compatible with every future browser, device, plugin, theme, platform or software update.

8. Website Content

Unless otherwise agreed in writing, the Client is responsible for supplying the content required for their website, including text, photographs, product information, pricing, policies and legal information.

Where The Digital Marketing Nerds assists with writing or editing content, the Client remains responsible for checking and approving the final content before publication.

The Client is responsible for ensuring that all information published on their website is accurate, lawful and appropriate for their business.

9. Domain Registration

Where we register or manage a domain name on behalf of a Client, the registration remains subject to the rules, policies, fees and requirements of the applicable domain registrar and registry.

Domain names are subject to availability and cannot be guaranteed until registration has been successfully completed.

The Client is responsible for paying domain renewal fees when due.

Failure to pay renewal fees may result in suspension, expiry or loss of the domain name.

The Digital Marketing Nerds cannot guarantee the recovery of a domain once it has expired, entered a redemption period or been released for registration by another party.

10. Web Hosting

Hosting services may be provided directly or through third-party hosting providers.

While reasonable efforts are made to provide reliable hosting services, we cannot guarantee uninterrupted or error-free availability.

Temporary interruptions may occur due to maintenance, server issues, security incidents, internet failures, software problems, third-party service interruptions or circumstances outside our reasonable control.

Clients are responsible for complying with any reasonable hosting usage and security requirements communicated to them.

11. Backups and Data

Where backup services form part of a hosting or maintenance package, reasonable measures will be taken to maintain backups according to the applicable service.

However, unless expressly agreed otherwise in writing, the Client should maintain independent copies of important business information, website content, files and data.

The Digital Marketing Nerds will not be responsible for data loss caused by circumstances outside our reasonable control, subject always to rights and remedies that cannot lawfully be excluded.

12. Digital Marketing and SEO

The Digital Marketing Nerds will use reasonable professional efforts when providing digital marketing and SEO services.

However, search engine rankings and online marketing results depend on numerous factors outside our control.

We therefore cannot guarantee:

• A specific Google or other search engine ranking
• A particular number of website visitors
• A specific number of leads or enquiries
• A particular sales volume
• A specific return on investment
• Permanent search engine positions
• Specific social media engagement levels

Search engines, social media platforms and advertising platforms may change their algorithms, policies and systems at any time.

Such changes may affect rankings, advertising performance, reach, traffic or other results.

13. Paid Advertising

Where we manage paid advertising campaigns, advertising spend payable to platforms such as Google, Meta or other advertising providers is separate from our management fees unless expressly stated otherwise.

The Client is responsible for ensuring that sufficient funds are available for agreed advertising budgets.

Advertising platforms have their own policies and may reject, suspend, restrict or remove advertisements or accounts.

The Digital Marketing Nerds cannot guarantee that an advertisement will be approved or that an advertising account will remain active.

We do not guarantee a specific number of impressions, clicks, enquiries, leads, sales or conversions.

14. Social Media Services

Where we create or manage social media accounts or content for a Client, the Client remains responsible for the legality and accuracy of information relating to their business, products and services.

Social media platforms are operated by independent third parties.

The Digital Marketing Nerds is not responsible for platform outages, algorithm changes, account restrictions, account suspensions or other actions taken by a social media platform outside our reasonable control.

15. Third-Party Services

Our Services may rely on third-party products and platforms, including hosting providers, domain registrars, website software, plugins, payment gateways, social media platforms, search engines, advertising platforms and analytics services.

Third-party services are governed by their own terms, conditions, policies and availability.

We are not responsible for failures, outages, policy changes, price increases or other actions by third-party providers that are outside our reasonable control.

16. Intellectual Property

Unless otherwise agreed in writing, The Digital Marketing Nerds retains ownership of its pre-existing intellectual property, processes, methods, templates, tools and reusable materials.

Upon full payment of all amounts due for a project, the Client will receive the rights to the final custom deliverables as agreed for that project, subject to any third-party licences and restrictions.

Third-party fonts, photographs, stock images, plugins, themes, software, templates or other licensed materials remain subject to their respective licence terms.

The Client may not claim ownership of third-party intellectual property.

17. Portfolio Use

Unless the Client requests otherwise in writing or confidentiality obligations prevent us from doing so, The Digital Marketing Nerds may display completed public-facing work in our portfolio, website or social media channels for the purpose of demonstrating our services.

Confidential information will not knowingly be disclosed for portfolio purposes.

18. Privacy and Protection of Personal Information

The Digital Marketing Nerds respects the privacy of its Clients and website users.

Personal information will be handled in accordance with applicable South African data-protection legislation, including the Protection of Personal Information Act, 2013 (POPIA), where applicable.

Personal information may be collected and processed for legitimate business purposes, including responding to enquiries, providing Services, processing transactions, communicating with Clients and complying with legal obligations.

Please refer to our Privacy Policy for further information regarding how personal information is collected, processed, stored and protected.

19. Consumer Protection

Nothing in these Terms & Conditions is intended to exclude, restrict or limit any rights or remedies that a consumer may have under the Consumer Protection Act, 2008 or any other applicable South African legislation where such rights cannot lawfully be excluded or limited.

Where any provision of these Terms conflicts with a mandatory provision of applicable consumer law, the mandatory legal provision will apply.

20. Cancellations and Refunds

Cancellation and refund rights will depend on the nature of the Service, the work already performed, third-party costs incurred and any applicable South African consumer legislation.

Where work has already commenced, the Client may be responsible for reasonable charges for work completed and expenses incurred up to the date of cancellation, to the extent permitted by law.

Payments made to third-party providers, including domain registration, hosting, software licences, advertising platforms or similar services, may be non-refundable where those providers do not provide a refund.

Nothing in this section limits any cancellation or refund rights that a Client may have under applicable South African law.

21. Suspension and Termination of Services

We may suspend or terminate Services where reasonably necessary, including where:

• The Client materially breaches these Terms;
• Required payments remain outstanding;
• The Client uses our Services for unlawful purposes;
• Continued provision of the Service creates a material security or technical risk; or
• We are required to do so by law or by a relevant third-party service provider.

Where reasonably possible and appropriate, we will attempt to notify the Client before suspending or terminating a Service.

Termination does not remove the Client’s responsibility to pay amounts lawfully due for Services already supplied or costs already incurred.

22. Limitation of Liability

The Digital Marketing Nerds will exercise reasonable care and skill when providing its Services.

To the maximum extent permitted by South African law, we will not be liable for indirect, incidental, special or consequential losses arising from circumstances outside our reasonable control.

This may include losses resulting from third-party platform failures, internet outages, hosting failures, search engine changes, social media platform changes, cyber incidents despite reasonable security measures, or unauthorised changes made by the Client or third parties.

Where liability may lawfully be limited, our aggregate liability relating to a particular paid Service will not exceed the amount paid by the Client to The Digital Marketing Nerds for that specific Service giving rise to the claim.

Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited under South African law.

23. No Guarantee of Business Results

Although our Services are intended to help improve a Client’s digital presence, marketing and technology, business results depend on many factors beyond our control.

We therefore do not guarantee increased sales, revenue, enquiries, leads, customers, search engine rankings, social media followers or any particular commercial result.

24. Website Availability

We aim to keep our Website accessible and accurate, but we do not guarantee that it will always be available, uninterrupted, secure or free from errors.

We may temporarily suspend or restrict access to parts of the Website for maintenance, upgrades, security or operational reasons.

25. Links to Third-Party Websites

Our Website may contain links to websites, services or platforms operated by third parties.

The Digital Marketing Nerds does not control these websites and is not responsible for their content, privacy practices, availability or security.

Accessing third-party websites is done at the user’s own discretion and is subject to the third party’s own terms and policies.

26. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa.

Any dispute arising from these Terms, our Website or our Services will be dealt with in accordance with applicable South African law and, where applicable, the jurisdiction of the competent South African courts or other legally recognised dispute-resolution mechanisms.

27. Dispute Resolution

If you have a complaint or dispute relating to our Services, please contact The Digital Marketing Nerds first so that we have a reasonable opportunity to resolve the matter.

Both parties should attempt in good faith to resolve disputes informally before pursuing formal legal proceedings, where appropriate.

Nothing in this clause prevents either party from exercising rights or remedies available under applicable South African law.

28. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will, to the extent reasonably possible, be interpreted or limited so that it becomes enforceable.

The remaining provisions will continue in full force and effect.

29. Waiver

A failure or delay by either party to enforce any provision of these Terms & Conditions does not constitute a waiver of that provision or any other rights.

A waiver relating to one breach does not constitute a waiver relating to any subsequent breach.

30. Changes to These Terms & Conditions

The Digital Marketing Nerds may update these Terms & Conditions from time to time to reflect changes to our Services, business practices or legal requirements.

The latest version will be published on our Website together with the applicable “Last updated” date.

Where required by applicable law or an agreement with a Client, reasonable notice of material changes will be provided.

Continued use of our Website or Services following an update will be subject to the updated Terms, to the extent permitted by applicable law.

31. Contact Us

If you have any questions regarding these Terms & Conditions, please contact:

The Digital Marketing Nerds

Address:
9C Jacobus Street
Glen Marais
Kempton Park
Gauteng
1619
South Africa

Email:
info@thedigitalmarketingnerds.co.za

Telephone:
064 546 8186

Website:
thedigitalmarketingnerds.co.za