Terms of Service

These Terms of Service ("Terms") govern your access to and use of the RightClick AI Media website ("Site") and all services provided by RightClick AI Media ("Services").

By accessing our website, accepting a quotation or proposal, paying an invoice, or engaging our services, you agree to these Terms.

Any accepted quotation, proposal, invoice, service agreement or written project confirmation forms part of the agreement between the client and RightClick AI Media.

RightClick AI Media is a digital marketing and technology agency operating in South Africa.

Business address: 1st Floor Liberty Life Building, 21 Aurora Drive, Durban, 4301.

Email: admin@rightclickaimedia.co.za. Telephone: 069 069 9696.

Our services include:

• Website development and e-commerce website development
• Website hosting, domain services and maintenance
• AI-powered and traditional video production
• TikTok, Facebook, Instagram and social media management
• Digital advertising and campaign management
• Search engine optimisation (SEO)
• Google Analytics, Google Search Console and related integrations
• CRM, automation and system integrations
• AI avatars, digital twins and creative content production
• Digital marketing and strategic consulting

The specific services, deliverables, pricing and timelines applicable to each client will be detailed in the accepted quotation, proposal or service agreement.

All fees are quoted in South African Rand (ZAR), unless otherwise agreed in writing.

Payment terms vary according to the service purchased.

4.1 Website Development Payments

Website development will only commence once the required deposit has been received and confirmed.

No design, development, technical setup or project work is required to begin before confirmation of the deposit.

The applicable deposit amount and remaining balance will be specified in the client's quotation or invoice.

Full payment of all outstanding amounts is required before the completed website is published, launched, transferred, released or handed over to the client.

RightClick AI Media reserves the right to withhold final website delivery, website files, administrator access, transfer credentials and final ownership rights until all outstanding project fees have been settled, subject to applicable law.

4.2 AI Media & Video Production Payments

All AI video production, TikTok video creation, short-form content, digital twin, AI avatar and related media production services require 100% upfront payment before work begins, unless expressly agreed otherwise in writing.

No production, rendering, editing, content creation or related work will commence until full payment has been received and confirmed.

4.3 Monthly Services

Monthly retainers, including social media management, campaign management, content packages, hosting and maintenance, are payable monthly in advance.

4.4 Advertising Spend

Advertising expenditure is separate from RightClick AI Media's service and management fees.

The client determines their advertising budget, and advertising spend is paid directly to platforms such as TikTok, Meta or Google unless expressly agreed otherwise in writing.

4.5 Late Payments

Late or outstanding payments may result in suspension of services, delayed delivery or withholding of completed project materials.

Interest may apply to overdue balances where permitted by applicable South African law and the agreed payment terms.

5.1 Commencement of Development

Website development only begins once:

• The required deposit has been received and confirmed
• The client has accepted the applicable quotation or proposal
• Essential website information, branding and required materials have been provided, where necessary

Quoted project timelines are subject to timely payment, receipt of required materials and client cooperation.

5.2 Website Revisions

The number of comprehensive revisions included depends on the website development package purchased.

The R3,750 Website Development Package includes one (1) comprehensive revision. Website development packages above R3,750 include two (2) comprehensive revisions.

A comprehensive revision refers to one consolidated round of reasonable changes requested by the client, within the originally agreed project scope.

The client must provide their revision requests together as one comprehensive list for each revision round.

Revisions do not include:

• A complete redesign of the approved website
• New website pages not included in the quotation
• Additional functionality or features
• Major changes to the original project requirements
• New integrations or systems not previously agreed
• Additional services outside the approved scope

Additional revision rounds or changes outside the original project scope may be quoted and charged separately.

Unused revision rounds do not entitle the client to a discount, refund or credit.

5.3 Website Demo & Approval Process

RightClick AI Media may provide the client with a demonstration link ("Demo Link") showing the website's development progress.

Demo Links are intended for reviewing website design, layout, content and functionality.

The client is responsible for reviewing the Demo Link and submitting feedback within a reasonable timeframe.

Revisions requested after approval or beyond the allocated revision allowance may incur additional charges.

A Demo Link does not constitute final delivery or transfer of the website.

5.4 Website Ownership & Final Delivery

The completed website will only be released to the client once full payment has been received.

RightClick AI Media retains control of the website and project materials until the client's outstanding development fees have been paid in full.

Final publication, website transfer, handover of administrator credentials or release of website files may be withheld until payment is completed.

Ownership of client-specific deliverables transfers in accordance with the intellectual property provisions of these Terms, subject to full payment.

5.5 E-Commerce Website Development

For e-commerce website development, RightClick AI Media provides website development and agreed integration of payment systems.

Our responsibility is limited to integrating compatible payment solutions into the website as agreed in the project scope.

RightClick AI Media does not provide or assist with:

• Creating or registering merchant accounts with payment platforms
• Setting up payment gateway accounts
• Payment provider applications or approvals
• Payment provider verification or compliance processes
• Setting up courier or delivery service accounts
• Registering with logistics or shipping providers
• Negotiating delivery or courier contracts
• Managing physical deliveries, shipping or fulfilment

The client is solely responsible for establishing, registering, verifying and maintaining their payment platform and delivery service accounts.

The client must provide the necessary approved access, credentials and technical information for integration.

Any delay in establishing these third-party accounts may affect the project timeline and does not automatically entitle the client to a refund.

Payment processing charges, courier charges, delivery charges and other third-party fees are the client's responsibility.

RightClick AI Media does not guarantee approval by any payment gateway, delivery service or third-party provider.

Website development involves planning, design, technical setup, development, content structuring, testing and the allocation of resources.

6.1 Before Development Begins

Where a client cancels before website development has commenced, a full or partial refund may be considered, taking into account any work already performed and lawful costs incurred.

Applicable statutory cancellation rights remain unaffected.

6.2 Once Development Begins

Once website development has commenced, the deposit and any further payments made toward work already commenced, completed or committed are generally non-refundable, subject to applicable law.

These payments cover development time, design work, technical preparation, resources allocated and costs incurred.

6.3 Once a Demo Link Has Been Sent

Once a website Demo Link has been provided, the development deposit and additional payments relating to work commenced, completed or committed are non-refundable to the extent permitted by law.

The provision of a Demo Link confirms that website development has progressed to a demonstrable stage.

A client may not automatically demand a refund because of a change in business direction, personal preference, a decision not to proceed, or dissatisfaction with elements that fall within the agreed project scope and allocated revision process.

RightClick AI Media will honour the revisions included in the client's package, subject to the agreed scope.

No provision of this policy excludes a client's rights to remedies for defective services, non-performance or other rights protected by applicable law.

6.4 Third-Party Costs

Domain registration, domain renewals, hosting activation, software licences, plugins, purchased assets and other unrecoverable third-party expenses are generally non-refundable once purchased or activated, subject to applicable law.

AI video production, TikTok videos, short-form promotional content, graphics, AI avatars, digital twins, voice cloning and other media production services require full upfront payment before commencement.

Once production, creative planning, AI processing, rendering, editing, design or other agreed work has commenced, payments are generally non-refundable in respect of work completed or costs incurred, subject to applicable law.

A change in creative preference, marketing direction or business circumstances does not automatically entitle the client to a refund.

Unless expressly included in the accepted quotation or proposal, media production packages do not automatically include revisions.

Additional editing, changes or new content requests may be quoted separately.

The client is responsible for supplying suitable footage, images, branding, scripts, information and other required materials.

Delays caused by missing, unsuitable or incomplete materials may extend delivery timelines.

Campaign management fees cover agreed services such as campaign setup, monitoring, optimisation, posting, reporting and account support.

Monthly management fees are paid in advance and are generally non-refundable once the applicable service cycle has commenced.

Advertising spend paid directly to TikTok, Meta, Google or another advertising platform is subject to that platform's own terms.

RightClick AI Media does not guarantee specific leads, sales, revenue, followers, impressions, engagement, conversions, views, clicks or return on advertising spend.

Campaign performance is affected by factors outside our control, including advertising budgets, competition, market conditions and platform algorithms.

Monthly retainers are billed in advance and may include:

• Social media management
• Content production
• Advertising management
• Website hosting and maintenance
• Reporting and technical support
• Other agreed recurring services

Once a monthly service cycle has commenced, the relevant monthly fee is generally non-refundable to the extent permitted by law.

Unused service capacity, unused content allocations or unused time do not automatically carry over to subsequent months unless expressly agreed in writing.

Month-to-month services may be cancelled through the applicable written cancellation procedure.

Fixed-term agreements remain subject to their agreed minimum duration and any applicable statutory cancellation rights.

Payments may be processed through PayFast, an independent, PCI DSS-compliant payment gateway.

RightClick AI Media does not directly view or store clients' payment card details or banking information entered into PayFast's secure payment environment.

10.1 Recurring Payments

Where a client subscribes to a monthly service through PayFast, recurring payments are collected through PayFast's recurring billing system.

Payments are scheduled for the same calendar date each month, subject to PayFast's processing arrangements and any applicable billing adjustments.

The client is responsible for maintaining a valid payment method and sufficient available funds.

10.2 Cancellation of Recurring Payments

Clients must provide 30 days' written cancellation notice for month-to-month recurring services, subject to applicable law and any different agreed contractual terms.

Cancellation requests must be submitted to RightClick AI Media in writing.

Cancellation of an automatic payment instruction does not automatically cancel an underlying service agreement or remove outstanding contractual payment obligations.

Any applicable statutory rights to cancel on different terms remain unaffected.

10.3 Payment Confirmation

Work commences only once the required payment has been received and confirmed, together with any other applicable commencement requirements.

PayFast payment confirmation serves as proof of the processed payment. An invoice will follow by email.

10.4 Payment Security

PayFast operates as an independent third-party payment service provider.

Its payment processing services are subject to its own terms, privacy practices and security procedures.

RightClick AI Media is not responsible for independent payment gateway interruptions or processing delays beyond our reasonable control.

Hosting, domain registration, email and website maintenance services may rely on independent third-party providers.

Domain registration and renewal costs are generally non-refundable once processed.

Hosting and maintenance fees are generally non-refundable once the paid service period has commenced, subject to applicable law.

The client is responsible for ensuring that renewal payments are made timeously.

Failure to pay hosting, domain or maintenance fees may result in service interruption, website downtime, domain expiry or suspension.

Where services are cancelled, the client is responsible for arranging the transfer or backup of their website, domain and email services where applicable.

Cancellation requests must be submitted in writing through email or another agreed written communication channel.

Requests should include:

• Client and company name
• Service or package purchased
• Relevant invoice or payment information
• Requested cancellation date
• Reason for cancellation, where relevant

Refund requests must include sufficient supporting information to allow RightClick AI Media to assess the request.

Refund eligibility will be considered according to the service purchased, development or production stage, work already performed, third-party costs and applicable legal rights.

Cancellation does not automatically remove the obligation to pay for completed work, outstanding invoices or other amounts lawfully due.

RightClick AI Media may suspend, pause or terminate services where:

• Required payments remain outstanding
• A client fails to provide essential information or approvals
• Contractual obligations are materially breached
• A client requests unlawful, misleading or infringing content
• Client conduct creates serious operational, legal or reputational risks
• Third-party restrictions prevent lawful service delivery

Where appropriate, clients may be given an opportunity to remedy the issue.

Suspension or cancellation does not automatically entitle a client to a refund for services already delivered or work lawfully completed or committed.

These Terms are subject to applicable South African legislation, including the Consumer Protection Act and Electronic Communications and Transactions Act where relevant.

Certain transactions may qualify for statutory cooling-off periods, cancellation rights, refund rights or other consumer protections.

Rights and obligations depend on the nature of the transaction, the circumstances of the purchase and whether the relevant legislation applies.

Nothing in these Terms is intended to exclude, restrict or override rights that cannot lawfully be excluded.

Approved refunds will generally be processed through the original payment method where reasonably possible.

Refund processing times may depend on the payment gateway, financial institution, third-party provider and applicable legal requirements.

Lawful, reasonable and recoverable costs may be taken into account when calculating an approved refund.

Refunds to third-party accounts may require additional verification.

Clients must provide necessary materials, information, access, payment and feedback within reasonable timeframes.

Delays caused by the client may result in extensions to the agreed project timeline.

If a client becomes unresponsive for an extended period, RightClick AI Media may place the project on hold after reasonable communication attempts.

Reactivation may require rescheduling, updated timelines or additional charges where reasonably justified and agreed.

Client-related delays do not automatically entitle the client to a refund.

Clients agree to provide accurate and complete information required to deliver the contracted services. This may include:

• Logos and brand assets
• Business information
• Website copy and product descriptions
• Product photographs
• Access credentials
• Marketing materials
• Necessary approvals and feedback

Clients are responsible for ensuring that information, products, advertisements and claims supplied to RightClick AI Media comply with applicable laws and advertising platform policies.

Clients must have the necessary rights or permissions to use any content they supply.

All pre-existing intellectual property, internal processes, proprietary tools, templates, systems and know-how belonging to RightClick AI Media remain its property.

Client-specific deliverables become the client's property upon full payment, subject to the applicable Service Agreement and any third-party licensing restrictions.

Website ownership, final website files and agreed handover materials will not be transferred before full payment has been received.

Third-party assets, plugins, fonts, software, stock materials and open-source components remain subject to their respective licences.

RightClick AI Media may use completed work, client branding and non-confidential project outcomes for portfolio and promotional purposes unless the client expressly opts out in writing.

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.

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.

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.

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.

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.

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.

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.

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.