(Local Authority Presence – Master Agreement)
This Social Media Services Agreement (“Agreement”) is entered into as of (“Effective Date”) by and between:
Lunchbox Productions CC, a company duly registered in accordance with the laws of the Republic of South Africa, with its principal place of business at 349 Dr van der Merwe Road, Montana, Pretoria, 0182 (“Agency”),
and
/ , being either an individual acting in their personal capacity or a duly registered entity under the laws of the Republic of South Africa (as applicable), with an address at: (“Client”).
The Agency and the Client are collectively referred to as the “Parties” and individually as a “Party”.
1. APPOINTMENT AND NATURE OF SERVICES
1.1 The Client appoints the Agency to provide social media content services under the Agency’s “Local Authority Presence” offering.
1.2 The services are designed to provide consistent, professional social media presence and brand visibility.
1.3 The Client acknowledges that the Agency provides no guarantees regarding performance, engagement, lead generation, or sales outcomes.
1.4 The Agency acts as an independent contractor.
2. TERM AND TERMINATION
2.1 Initial Term: This Agreement shall commence on the Effective Date and shall continue for a fixed period of six (6) months (“Initial Term”).
2.2 Automatic Renewal: Upon expiry of the Initial Term, this Agreement shall automatically renew on a month-to-month basis unless either Party provides not less than thirty (30) days’ written notice of termination.
2.3 Termination for Convenience (Post-Initial Term): Following the Initial Term, either Party may terminate this Agreement on thirty (30) days’ written notice.
2.4 Early termination by client.
2.4.1 The Client may not terminate this Agreement for convenience during the Initial Term without incurring a cancellation fee.
2.4.2 The Parties acknowledge that: (a) the fees charged under this Agreement are based on a minimum commitment and discounted pricing structure; (b) the Agency allocates resources, personnel, and production capacity in advance; and (c) early termination results in financial loss to the Agency.
2.4.3 Accordingly, if the Client terminates during the Initial Term, the Client shall pay a cancellation fee equal to two (2) months’ fees, which the Parties agree is a reasonable pre-estimate of damages and not a penalty.
2.5 Termination for Cause: Either Party may terminate this Agreement immediately if the other Party: (a) commits a material breach and fails to remedy such breach within seven (7) days of written notice; or (b) becomes insolvent, enters business rescue, or ceases operations.
2.6 Suspension of Services: The Agency may suspend services immediately if: (a) any undisputed invoice remains unpaid for more than five (5) days after its due date; or (b) the Client fails to provide required materials, access, or approvals.
2.7 No Pause / No Rollover / Production Allocation: The Client acknowledges that: (a) services are delivered on a monthly production basis; (b) services may not be paused, deferred, or carried forward; (c) unused services are forfeited; and (d) fees remain payable in full regardless of usage.
2.8 Effect of Termination: Upon termination: (a) all outstanding fees become immediately due; (b) services cease; and (c) the Agency may withhold unpaid deliverables.
3. SERVICE SELECTION (ORDER FORM)
3.1 The package selected by the client is: .
3.2 You have selected which is covered in your primary plan.
3.3 If you have selected additional platforms they will be listed here:
3.4 Additional monthly rates for platforms not included in your primary platform are as follows:
• Starter: R1,200
• Standard: R1,800
• Premium: R2,500
3.5 Optional Add-On Services. Any additional options are listed here:
3.6 The total monthly package value is: R
3.7 The total once-off service selection is: R (if there is no value here there were no once-off packages selected)
4. SCOPE OF SERVICES
4.1 The Agency shall deliver services in accordance with the selected package and add-ons.
4.2 All packages include:
• Weekly social media content
• Monthly content planning and batching
• Branded visuals and captions
• Scheduled posting
• One (1) round of feedback per month
4.3 Services are limited strictly to the selected package and add-ons.
5. SERVICE LIMITATIONS
5.1 The following are excluded unless agreed in writing:
• Strategy or consulting
• Paid advertising
• Real-time engagement
• Additional revisions beyond one round
• Performance-based deliverables
5.2 Additional work requires written approval and will be billed separately.
6. CONTENT PROCESS AND APPROVALS
6.1 Content will be delivered monthly in batches.
6.2 Workflow: (a) Content creation (b) Client review (c) Scheduling and publication
6.3 The Client shall provide feedback within the timeframe specified by the Agency.
6.4 If the Client fails to provide feedback: (a) content shall be deemed approved; and (b) may be published as scheduled.
6.5 Approval Delays and Rescheduling
If the Client fails to respond within five (5) business days: (a) the Agency may reallocate production resources; (b) content may be rescheduled; (c) the Agency is not liable for delays; and (d) fees remain payable.
6.6 Timely approvals are essential to delivery timelines.
7. FEES, PAYMENT, AND PAYMENT AUTHORISATION
7.1 Fees shall be invoiced monthly in advance and are payable within seven (7) days of invoice date, unless otherwise agreed.
7.2 The Parties may agree that payments will be made via recurring debit order or automated payment method.
7.3 By selecting a recurring payment method, the Client: (a) authorises the Agency to debit the Client’s nominated bank account or payment method for all amounts due under this Agreement; (b) warrants that they are authorised to grant such authority; and (c) agrees to ensure sufficient funds are available on the due date.
7.4 The Client shall not reverse, dispute, or cancel any valid payment without lawful cause.
7.5 Any reversal, chargeback, or cancellation of a valid payment shall constitute a material breach of this Agreement.
7.6 The Agency reserves the right to: (a) immediately suspend services; and (b) recover all outstanding amounts, including any reversal or penalty fees incurred.
7.7 Late payments shall accrue interest at 2% per month or the maximum permitted by law.
7.8 All fees are exclusive of VAT unless otherwise stated.
7.9 No Pro-Rata or partial refunds
7.9.1 The Client acknowledges that services are delivered on a monthly production and resource allocation basis.
7.9.2 Accordingly: (a) no pro-rata refunds shall be issued for partial months; (b) no refunds shall be issued for unused services; and (c) fees remain payable in full for each billing period.
8. PRICE ADJUSTMENTS
8.1 The Agency may increase fees upon renewal.
8.2 Thirty (30) days’ written notice will be provided.
8.3 Continued use constitutes acceptance.
9. ADDITIONAL WORK AND REVISION FEES
9.1 One round of revisions is included.
9.2 Additional work is billable.
9.3 Rates:
• Per hour: R450
• Per revision round: R300
9.4 Work begins only after written approval.
10. RUSH AND PRIORITY WORK
10.1 Expedited requests are considered rush work.
10.2 Subject to: (a) availability; and (b) additional fee of 25%–50%.
10.3 No obligation to accommodate rush requests.
11. CLIENT RESPONSIBILITIES
The Client shall: (a) provide brand assets; (b) provide platform access; (c) respond to approvals; (d) ensure legal compliance of content.
12. INTELLECTUAL PROPERTY
12.1 Ownership transfers only upon full payment.
12.2 Until payment: (a) rights remain with the Agency; (b) Client may not use deliverables.
12.3 Agency retains all underlying systems and templates.
12.4 Agency may use work for portfolio purposes.
13. CONFIDENTIALITY AND DATA PROTECTION
13.1 For purposes of this Agreement, “Confidential Information” includes all non-public business, technical, financial, and client information disclosed by either Party.
13.2 Each Party agrees to: (a) use Confidential Information only for purposes of this Agreement; (b) not disclose such information to third parties without consent; and (c) take reasonable measures to protect such information.
13.3 These obligations shall continue for a period of three (3) years after termination.
13.4 Each Party shall comply with applicable data protection laws, including the Protection of Personal Information Act (POPIA).
13.5 To the extent the Agency processes personal information on behalf of the Client: (a) the Agency acts as an operator; (b) the Client remains the responsible party; (c) the Agency shall implement reasonable technical and organizational safeguards.
13.6 The Client is responsible for: (a) securing account access credentials; and (b) ensuring lawful use of personal data.
13.7 The Agency shall not be liable for breaches arising from: (a) compromised Client credentials; or (b) third-party platform vulnerabilities.
14. NON-SOLICITATION
The Client shall not engage Agency personnel during the term and for twelve (12) months thereafter.
15. LIMITATION OF LIABILITY
15.1 The Agency shall not be liable for: (a) any content approved by the Client; (b) infringement of third-party rights arising from Client-provided materials; (c) platform suspensions, bans, or restrictions; (d) algorithm changes or platform outages; or (e) indirect or consequential damages.
15.2 The Client indemnifies the Agency against any claims arising from: (a) materials supplied by the Client; or (b) instructions provided by the Client.
15.3 The Agency’s total liability shall be limited to fees paid in the preceding three (3) months.
16. PACKAGE CHANGES
16.1 The Client may request to upgrade or downgrade their selected package.
16.2 Any changes: (a) must be requested in writing; (b) shall take effect at the start of the next billing cycle; and (c) may not reduce the Client’s obligations during the Initial Term.
16.3 Downgrades during the Initial Term shall not reduce the agreed minimum commitment.
17. GENERAL
17.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions or agreements.
17.2 Amendments: No amendment shall be valid unless in writing and signed by both Parties.
17.3 Severability: If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.
17.4 No waiver: Failure to enforce any provision shall not constitute a waiver of rights.
17.5 Assignment: The Client may not assign this Agreement without the Agency’s prior written consent.
17.6 Force Majeure: Neither Party shall be liable for delays caused by events beyond reasonable control.
18. LEGAL AND DOMICILIUM
18.1 This Agreement shall be governed by the laws of the Republic of South Africa.
18.2 The Parties consent to the jurisdiction of the courts of South Africa.
18.3 Each Party chooses as its domicilium citandi et executandi its address set out above for the purposes of: (a) service of legal process; and (b) delivery of notices.
18.4 Either Party may change its domicilium by written notice.
18.5 In the event of legal action arising from this Agreement, the defaulting Party shall be liable for reasonable legal costs, including attorney and own client costs where applicable.
