1. Agreement
These Terms of Service ("Terms") govern your access to and use of the RightClick AI Media website ("Site") and any digital marketing services we provide ("Services"). By accessing the Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.
2. About Us
RightClick AI Media is a digital marketing agency registered and operating in South Africa, located at 1st Floor Liberty Life Building, 21 Aurora Drive, Durban, 4301. We can be contacted at admin@rightclickaimedia.co.za or 069 069 9696.
3. Services
We provide digital marketing services including TikTok and META advertising management, AI-powered and real video production, website development, SEO, CRM and system integrations, analytics, and related strategic consulting. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal or service agreement ("Service Agreement") that forms part of these Terms.
We may offer services on a once-off basis, such as audits, ad launches, automation builds, and strategy sessions, or on a monthly retainer basis. Either arrangement is confirmed in writing.
4. Fees & Payment
Fees are set out in the applicable Service Agreement and are payable in South African Rand (ZAR) unless agreed otherwise. Retainers are billed monthly in advance. Once-off projects are billed per milestone or as otherwise specified.
Advertising spend on platforms such as TikTok, Meta, and Google is separate from our management fees and is paid directly to the advertising platforms by the client, unless we explicitly agree in writing to manage the ad budget on your behalf.
Late payments may attract interest at the statutory rate prescribed by South African law.
5. Refund & Cancellation Policy
This Refund & Cancellation Policy applies to RightClick digital services, website development, media production, advertising support, AI content, hosting, maintenance, and related client work.
It must be read together with the applicable Service Agreement, accepted proposal, invoice, written scope, and any written service confirmation. The accepted proposal controls the specific commercial terms, pricing, services, deliverables, and timelines for each client project.
Refunds and cancellations are assessed based on the service purchased, work completed, work already commenced, costs already incurred, third-party commitments, resources allocated, and any lawful cancellation rights that may apply.
6. Non-Refundable Items
The following items are generally non-refundable once paid, committed, activated, delivered, approved, placed into production, or once work has started: deposits or upfront payments where work has commenced; strategy, research, planning, consultation, design, development, copywriting, content planning, campaign setup, advertising account setup, AI avatar setup, voice clone setup, digital twin setup, media production, editing, and creative production work.
Domain registration or renewal fees, hosting fees already paid or activated, third-party software, plugins, subscriptions, licences, stock assets, platform fees, paid advertising spend already used or committed, rush fees, urgent work fees, and unrecoverable third-party costs are generally non-refundable.
7. Website Development Refunds
Website projects involve planning, layout design, technical setup, page building, content structuring, responsiveness, SEO setup, and testing. If a client cancels before any work starts, we may consider a partial or full refund depending on whether any costs have already been incurred.
If work has already started, the client remains responsible for the portion of work completed or commenced. If a website is substantially complete, delivered for review, approved, or published, no refund will generally be due.
If cancellation occurs after domain, hosting, email, plugins, or third-party tools have been purchased or activated, those costs are non-refundable. Basic SEO, Google indexing, Search Console setup, or technical optimisation does not guarantee Google ranking or immediate visibility.
8. AI, Media & Content Production Refunds
AI avatar, digital twin, voice clone, video production, graphic design, copywriting, content planning, and creative production services involve setup, processing, rendering, creative preparation, platform usage, review preparation, editing time, and production time.
Once setup, AI processing, voice cloning, rendering, production, design, editing, or content work has started, fees are generally non-refundable. If deliverables are completed or sent for review, no refund will generally be due.
If the client supplies poor-quality footage, unclear audio, incomplete files, unsuitable materials, or delayed submissions, we may request corrected material. Those issues do not automatically entitle the client to a refund, and delays caused by the client do not qualify for a refund.
Client-requested changes after approval may be charged separately. A client may not refuse payment or request a refund because of a change in preference after work has been produced according to the approved scope.
9. Campaign Management & Advertising Refunds
Campaign management fees cover setup, monitoring, optimisation, posting, reporting, account support, and strategic oversight. Monthly campaign management retainers are payable at the beginning of each service cycle and are generally non-refundable once that cycle has started.
Paid advertising spend is separate from RightClick fees unless expressly stated in writing. Ad spend paid to Meta, TikTok, Google, or any other platform is controlled by that platform and is not refundable by RightClick.
Refunds will not be granted solely because a campaign, website, video, advert, content piece, or other deliverable did not produce the client's desired business result. We do not guarantee specific sales, leads, revenue, ranking, reach, engagement, conversions, followers, views, clicks, or return on ad spend unless expressly agreed in writing.
10. Monthly Retainers & Recurring Services
Monthly retainers are billed in advance and may include content creation, campaign management, maintenance, hosting, support, reporting, or other recurring services depending on the accepted proposal.
Once a monthly service cycle has started, the monthly retainer is generally non-refundable. If the client cancels during a service month, services may continue until the end of the paid cycle unless otherwise agreed.
Unused time, unused content slots, or unused service capacity may not roll over unless expressly agreed in writing. Month-to-month services require written cancellation notice. Fixed-term agreements must run for the minimum term stated in the accepted proposal or Service Agreement.
11. Hosting, Domain & Maintenance Cancellations
Hosting, domain, email, and maintenance services may involve third-party providers and recurring technical costs. Domain registration and renewal fees are non-refundable once processed. Hosting fees already paid or activated are generally non-refundable.
Monthly maintenance fees are non-refundable once the monthly maintenance cycle has started. If a client cancels hosting or maintenance, we may require reasonable time to process the cancellation.
The client is responsible for moving, backing up, or transferring their website, domain, or email services where applicable. We are not responsible for loss caused by missed renewals, unpaid fees, expired domains, incorrect client access details, or third-party provider actions.
12. Client Cancellations & Refund Requests
Cancellation requests must be sent in writing by email or another agreed written communication channel. The request must include the client name, company name, service being cancelled, and requested cancellation date.
Cancellation does not remove the client obligation to pay outstanding invoices, completed work, work already commenced, third-party costs, committed platform costs, or approved work.
To request a refund, the client must submit a written request including their full name and company name, contact details, invoice number if available, service or package purchased, amount paid and date of payment, reason for the request, and any relevant supporting information.
We will review refund requests and respond within a reasonable time. Approval is not automatic and depends on whether work has started or been completed, whether third-party costs were incurred, whether the client approved or delayed the work, whether the service was customised, whether lawful cancellation rights apply, and the terms of the accepted proposal and agreement.
13. Cancellation or Suspension by RightClick
We may pause, suspend, or cancel services if the client fails to pay on time, withholds required information or approvals, breaches the agreement or accepted proposal, behaves abusively or dishonestly, or requests unlawful, misleading, harmful, discriminatory, defamatory, or infringing content.
We may also pause, suspend, or cancel services if third-party platforms prevent delivery, or if continuing the work would create legal, reputational, ethical, or operational risk for RightClick.
Suspension or cancellation by RightClick does not automatically entitle the client to a refund where work has already been completed, commenced, approved, committed, or where costs have been incurred.
14. Cooling-Off & Consumer Protection
Where the Consumer Protection Act, ECTA, or other applicable South African law gives a specific client or transaction lawful cancellation rights, we will consider those rights.
Many RightClick services are customised, client-specific, business-to-business, digital, creative, or already commenced with the client's consent. Where services have started, customised work has begun, or third-party costs have been incurred, deductions or non-refundable amounts may apply.
Nothing in these Terms is intended to limit any rights a client may have under applicable South African law.
15. Refund Method & Timing
Approved refunds will generally be paid using the original payment method where possible. Refunds may take a reasonable processing period depending on the bank, payment provider, or internal approval process.
We may deduct bank charges, third-party fees, platform charges, or unrecoverable costs where lawful and reasonable. Refunds will not be made to a third-party account unless approved and verified.
16. Client Delays & Non-Responsiveness
If the client delays providing content, access, feedback, approvals, payment, or required materials, project timelines may be extended. Client delays do not automatically entitle the client to a refund.
If a project is delayed for an extended period because the client is unresponsive, we may pause the project. Reactivation may require rescheduling, updated pricing, or additional fees depending on the delay.
17. Client Responsibilities
You agree to provide accurate information, timely feedback, and any assets (brand materials, logos, copy, product information, access credentials) we reasonably require to deliver the Services.
You are responsible for ensuring that any content, claims, offers, or products you promote through our Services comply with applicable laws and the policies of the advertising platforms we use on your behalf.
18. Intellectual Property
All pre-existing materials, processes, tools, and know-how owned by us remain our property. Deliverables we produce specifically for you under a Service Agreement become yours on full payment, except for any third-party assets, open-source components, or reusable frameworks we use to deliver those deliverables.
You grant us a limited licence to use your name, logo, and non-confidential campaign results for portfolio, case study, and marketing purposes, unless you expressly opt out in writing.
19. Confidentiality
Each party will keep the other party's confidential information confidential and use it only for the purposes of delivering or receiving the Services. This obligation survives termination of any engagement.
20. Results Disclaimer
Digital marketing outcomes depend on many factors outside our control, including market conditions, platform algorithm changes, your offer, pricing, product quality, and ad spend. While we apply best practices and data-driven strategies, we do not guarantee specific results, rankings, sales, or ROI.
21. Third-Party Platforms
Our Services involve third-party platforms such as TikTok, Meta, Google, WhatsApp Business API, CRMs, and analytics tools. Your use of those platforms is governed by their own terms and policies. We are not responsible for changes, outages, suspensions, or enforcement actions taken by those platforms.
22. Limitation of Liability
To the maximum extent permitted by law, our total liability for any claim arising out of or relating to these Terms or our Services will not exceed the fees paid by you to us in the three months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or lost-profit damages.
23. Termination
Either party may terminate an ongoing retainer with 30 days written notice, unless otherwise agreed in the Service Agreement. We may suspend or terminate Services immediately for material breach, non-payment, unlawful activity, or the reasons set out in the cancellation and suspension sections above. Termination does not relieve you of any fees owed for work already performed, commenced, approved, or committed.
24. Governing Law & Disputes
These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of South Africa for any dispute arising from or related to these Terms.
If a client disagrees with a refund or cancellation decision, the client should raise the issue in writing. The parties should first attempt to resolve the matter through good-faith communication.
25. Changes
We may update these Terms from time to time. The revised Terms will be posted on this page with a new "last updated" date. Continued use of the Site or Services after changes constitutes acceptance of the updated Terms.
26. Contact
Questions about these Terms? Email admin@rightclickaimedia.co.za or write to RightClick AI Media, 1st Floor Liberty Life Building, 21 Aurora Drive, Durban, 4301, South Africa.