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Terms and Conditions

1. Definitions and Scope

These Terms apply to all work performed by Xponent Marketing (Pty) Ltd.

  • Services: Recurring monthly solutions (e.g., Marketing, Tech Stacks).
  • Projects: Scoped work with a defined start and end.
  • Planned: Defined during the initial brand audit.
  • Unplanned: Ad-hoc requests for graphic design, web design or video production are quoted separately. In the case that a client requests work to be completed before a scope of work can be created and quoted for (rush jobs), Xponent reserves the right to charge design and production to the client’s account.
  • Pre-payment Facility: A credit account where the Client deposits funds in advance. Xponent draws against this balance as work is completed.

2. Methodology and Production

Xponent follows a structured workflow to ensure brand consistency.

2.1 Brand Development

Initial work includes workshops to determine positioning and messaging, followed by a brand audit to define the assets required for the client’s marketing solution to be effective. These missing assets will be added to a Scope of Work and presented to the client.

2.2 Marketing Cycles

Marketing operates in 8-week cycles comprising: Ideation, Pre-production, Production, Post-production, Posting and Reporting.

2.3 Technology

Covers domain transfers, migrations, and support. Custom development is scoped as a Project.

3. Review and Approval Procedure

To maintain production momentum, the following rules apply: 

  • Deemed Approval: If no feedback is received within the window, the content is deemed approved.
  • Feedback Windows: Clients must provide consolidated feedback within 5 business days of a request.
  • Content Recycling: For Marketing Services, if feedback is delayed, Xponent may repost previously approved content or pause posting. Xponent is not required to “catch up” on missed posts caused by Client delays.
  • Project Finalisation: For Branding Projects, if no feedback is received for 10 business days, the project is considered delivered. Further work after the project is finalised will incur additional fees.

4. Financial Terms and Pre-payment Facility

Xponent uses a draw-down model managed via our accounting and production management systems.

  • Fund Allocation: Deposits are held as a non-interest-bearing credit balance.
  • Draw-downs: Xponent will deduct fees for monthly Services and Project milestones from the Pre-payment Facility.
  • Reporting: Clients receive a monthly Statement of Account and Project Progress Reports.
  • Refundability: Funds deposited into the pre-payment facility are refundable within 60 days of request.
  • Annual Price Review: Xponent reserves the right to review and adjust the fees for Services and Projects on an annual basis. The client will be notified in writing of any changes to the fee structure at least 2 calendar months before the effective date.

5. Department-Specific Conditions

5.1 Branding

  • Projects allow for 3 review stages: Pre-production, Production, and Post-production.
  • Clients are expected to review the entire product and to provide consolidated feedback in a single correspondence to ensure projects run smoothly.
  • Should clients want to add additional products to a branding project, a new project will be launched with a separate scope of work and/or quotation.

5.2 Marketing

  • Includes a fortnightly meeting with an Account Executive.
  • In the case that clients require Xponent to link its own credit card for the payment of third party services, such as advertising on Google Ads, Meta or LinkedIn, Xponent will charge a 10% handling fee on the total budget per invoice generated.
  • Cancellation: Requires 2 calendar months’ written notice to account for advanced production cycles.

5.3 Technology

  • Charged monthly in advance.
  • Commitment: 12-month minimum term. Early cancellation renders the Client liable for the full remaining balance.
  • Xponent reserves the right to charge a fee for migration services upon termination.

6. Intellectual Property

Xponent retains ownership of all original design files and strategies. Upon full payment of the relevant invoice, the Client is granted a perpetual license to use the final deliverables for their intended purpose. This license does not prevent Xponent from using any work it has produced as part of its portfolio when showcasing its abilities to potential clients.

7. Limitation of Liability

7.1

To the fullest extent permitted by law, Xponent shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss, damage, costs, or expenses of any nature whatsoever, including but not limited to direct, indirect, special, or consequential losses, arising out of or in connection with the Services or these Terms.

7.2

For the avoidance of doubt, nothing in these Terms shall limit or exclude Xponent’s liability for:

  • death or personal injury caused by its negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot be excluded or limited by applicable law.

8. General

  • Jurisdiction: These terms are governed by the laws of the Republic of South Africa.
  • Variation: No amendment to these terms is valid unless in writing and signed by both parties.