For ease of expression, Nimbl Digital Marketing Pty Ltd. is referred to as “Nimbl Digital Marketing”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Nimbl and the Client are collectively referred to as “the Project”.
- Nimbl Digital Marketing and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project;
- Nimbl Digital Marketing and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
- Nimbl Digital Marketing may appoint sub-contractors to assist in meeting its obligations on the Project;
- Nimbl Digital Marketing will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.
Scope of project
- The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, Nimbl Digital Marketing will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. Nimbl Digital Marketing will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, Nimbl Digital Marketing reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.
- During the Project the Client is likely to have access to confidential information of Nimbl Digital Marketing, including (but not limited to) Nimbl Digital Marketing’s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, Nimbl Digital Marketing is likely to have access to confidential information of the Client.
- Accordingly, each party (“the Recipient”) agrees and undertakes in favour of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of Nimbl Digital Marketing as contemplated in this paragraph.
Intellectual property rights
- Nimbl Digital Marketing will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. Nimbl Digital Marketing may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.
Remedies and liabilities
- Nimbl Digital Marketing’s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a Nimbl Digital Marketing director or employee, Nimbl Digital Marketing would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work.
- The Client agrees that Nimbl Digital Marketing shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to Nimbl Digital Marketing within six months of delivery. Nimbl Digital Marketing undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to Nimbl Digital Marketing. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
- Nimbl Digital Marketing shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.
- Nimbl Digital Marketing’s liability under paragraphs 9 and 10 is in lieu of and to the exclusion of any warranty or term of any kind relating to the condition, performance, merchantability or fitness for purpose of the services or any deliverables.
Infringement and copyright
- Nimbl Digital Marketing will defend, at its expense, a third party claim that any service or deliverable Nimbl Digital Marketing has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by Nimbl Digital Marketing. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by Nimbl Digital Marketing or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the Nimbl Digital Marketing’s entire liability with respect to any deliverable or service infringing any third party rights.
- Nimbl Digital Marketing will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.
- The Client agrees, if so requested by Nimbl Digital Marketing, to allow representatives of any organisation responsible for certifying standards of work access to the Client’s premises and to co-operate, so far as is reasonable, with such representatives.
- Nimbl Digital Marketing believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. Nimbl Digital Marketing reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned.
- In the event of the resignation of a Nimbl Digital Marketing or Client project team member who is a key resource on the Project, the respective employer will endeavour to replace that person within a reasonable time period or otherwise agree to a reallocation of resources or scope change to the Project.
- Neither party shall for the duration of the Project, and for one year thereafter, employ any person engaged by the other in connection with the Project.
Termination of agreement
- The Client may terminate or restrict Nimbl Digital Marketing’s services at any time in which case the Client will be liable for all work done at Nimbl Digital Marketing’s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by Nimbl Digital Marketing. Nimbl Digital Marketing may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.
- In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict Nimbl Digital Marketing’s services in which event the Client will be liable for all work done at the proposed rates contracted for the project.
- The economics of Nimbl Digital Marketing’s proposal is based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear interest from the date of presentation until paid in full. This interest will be at the then current Standard Bank Prime Rate compounded monthly.
Nimbl Digital Marketing reserves the right to change the terms, conditions, and notices under which Nimbl Digital Marketing website is offered, including but not limited to the charges associated with the use of Nimbl Digital Marketing website.
Agreement between user and Nimbl Digital Marketing
Nimbl Digital Marketing website is comprised of various web pages operated by Nimbl Digital Marketing. Nimbl Digital Marketing website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of Nimbl Digital Marketing website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
Nimbl Digital Marketing website may contain links to other websites (“linked sites”). The linked sites are not under the control of Nimbl Digital Marketing and Nimbl Digital Marketing is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. Nimbl Digital Marketing is not responsible for webcasting or any other form of transmission received from any linked site. Nimbl Digital Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nimbl Digital Marketing of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of Nimbl Digital Marketing website, you warrant to Nimbl Digital Marketing that you will not use Nimbl Digital Marketing website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Nimbl Digital Marketing website in any manner which could damage, disable, overburden, or impair Nimbl Digital Marketing website or interfere with any other party’s use and enjoyment of Nimbl Digital Marketing website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Nimbl Digital Marketing websites.
Use of communication services
Nimbl Digital Marketing website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any applicable laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Surveys, contests, pyramid schemes or chain letters.
Nimbl Digital Marketing has no obligation to monitor the communication services. However, Nimbl Digital Marketing reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Nimbl Digital Marketing reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. Nimbl Digital Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nimbl Digital Marketing’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Nimbl Digital Marketing does not control or endorse the content, messages or information found in any communication service and, therefore, Nimbl Digital Marketing specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Nimbl Digital Marketing spokespersons, and their views do not necessarily reflect those of Nimbl Digital Marketing. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided or posted to Nimbl Digital Marketing
Nimbl Digital Marketing does not claim ownership of the materials you provide to Nimbl Digital Marketing (including feedback and suggestions) or post, upload, input or submit to any Nimbl Digital Marketing website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting Nimbl Digital Marketing, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. Nimbl Digital Marketing is under no obligation to post or use any submission you may provide and may remove any submission at any time in Nimbl Digital Marketing’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
Nimbl Digital Marketing reserves the right, in its sole discretion, to terminate your access to Nimbl Digital Marketing website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of Nimbl Digital Marketing website. Use of Nimbl Digital Marketing website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nimbl Digital Marketing as a result of this agreement or use of Nimbl Digital Marketing website. Nimbl Digital Marketing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nimbl Digital Marketing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Nimbl Digital Marketing website or information provided to or gathered by Nimbl Digital Marketing with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nimbl Digital Marketing with respect to Nimbl Digital Marketing website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nimbl Digital Marketing with respect to Nimbl Digital Marketing website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
The following will not be endorsed by Nimbl Digital Marketing:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divination’s.
- Photos without permission or knowledge.
- Offensive material.
Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Nimbl Digital Marketing’s service. Nimbl Digital Marketing urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Nimbl Digital Marketing cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of Nimbl Digital Marketing’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. Nimbl Digital Marketing cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, Nimbl Digital Marketing network. Further, Nimbl Digital Marketing assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
Reservation and non-waiver of rights
Nimbl Digital Marketing reserves the right to amend or alter this policy at any time, and without notice to you. Nimbl Digital Marketing reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. Nimbl Digital Marketing reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. Nimbl Digital Marketing reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. Nimbl Digital Marketing reserves the right to suspend, revoke or cancel Nimbl Digital Marketing’s services to the customer/user if the safety and integrity of Nimbl Digital Marketing’s resources are placed at risk in continuing to provide service to the subscriber/user. Nimbl Digital Marketing reserves the right to remove any information or materials in whole or in part, that, in Nimbl Digital Marketing’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. Nimbl Digital Marketing does not undertake to guarantee the security of any data passing through its networks. Although Nimbl Digital Marketing will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Nimbl Digital Marketing cannot be held liable for any loss or damage arising as result of the failure to do so.
Website Design Project Outline
To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. Nimbl Digital Marketing assumes no responsibility for client’s failure to do so.
Steps marked in red only apply to clients making use of Nimbl Digital Marketing’s copywriting services. Clients who are not making use of this service may ignore these steps.
- Deposit Due
a) A deposit of 50% of the total fee is due before any work will commence.
- Project Questionnaire
a) Upon receipt of the proof of payment of the deposit, Nimbl Digital Marketing Project Manager will forward the client 3 theme options and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website. The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage.b) The questionnaire and chosen theme must be submitted within 5 working days of receiving the link from the Project Manager.c) Our themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client.d) Should the client wish to make use of Nimbl Digital Marketing’s copywriting services project timelines will be affected and additional project steps will apply. In this document these steps will be marked in orange. Please be aware of these additional steps throughout this document. Clients who are not making use of this service may ignore these steps.
- Specifications and Meetinga) A meeting will be set between the client and a designer from Nimbl Digital Marketing in order to discuss the project.b) A Nimbl Digital Marketing copywriter will be present at this meeting. The client and copywriter will compile a project brief together in this meeting. The copywriter will assess the project and set a timeline.c) Minutes will be taken at this meeting and forwarded to the client via e-mail. The client must reply to this e-mail, approving the minutes in order for the project to proceed.
- First Revision – CopywritingCOPYWRITING WILL NOT COMMENCE UNTIL A 50% DEPOSIT OF THE COPY FEE HAS BEEN PAID AND THE COPYWRITER HAS RECEIVED ALL CONTENT THAT MAY HAVE BEEN REQUESTED FROM THE CLIENT, PERTAINING TO THE COPY.a) A first revision will be compiled according to the brief and sent to the client for review.
- Client Review – Copywritinga) The client will have 5 working days to review the copy.b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.c) The client accepts that by not communicating with Nimbl Digital Marketing during the review period, Nimbl Digital Marketing will accept the client’s silence as agreement to a finished product. In which case 50% of payment must be made by the client.
- Second Revision – Copywritinga) A second revision will be compiled according to changes outlined by the client from revision 1. Revision 2 will be sent to the client for review.
- Client Review (2) – Copywritinga) The client will have 5 working days to review the copy.b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.c) This is the final opportunity in which the client is entitled to changes.d) The client accepts that by not communicating with Nimbl Digital Marketing during the review period, Nimbl Digital Marketing will accept the client’s silence as agreement to a finished product. In which case 50% of payment of the copy fee must be made by the client.
- Final Revision – Copywritinga) The final revision will be complied based on the requested changes from revisionb) The client will only receive the final revision once Nimbl Digital Marketing has received proof of payment of the remaining 50% of the copy fee.c) Should the client request further changes to the copy, the current hourly fee will apply.
- Website Developmenta) Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from Nimbl Digital Marketing, the project will be assessed by Nimbl Digital Marketing and the client will be provided with a time frame in which the first draft will be developed and produced.NIMBL DIGITAL MARKETING WILL NOT COMMENCE WEBSITE DESIGN OR DEVELOPMENT UNTIL STEPS 1-8 HAVE BEEN COMPLETED AND RECEIVED BY THE PROJECT MANAGER.
- First Drafta) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy (from the client or copywriter).b) Once Nimbl Digital Marketing has compiled the first draft it will be sent to the client for revision.
- Revision 1a) Once the client has been sent the first draft s/he has 5 working days to review the draft and request changes.b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to Nimbl Digital Marketing, or, by meeting with a member of Nimbl Digital Marketing to discuss your revision. During this meeting, the Website Revision Form must be completed and agreed upon. We strongly recommended meeting with us.c) Please note that the Website Revision Form will be considered the complete brief for the first revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.d) The client accepts that by not communicating with Nimbl Digital Marketing during the revision period, Nimbl Digital Marketing will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
- Revision 2a) Once the client has been sent Revision 1 /he has 5 working days to review the draft and request changes.b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to Nimbl Digital Marketing, or, by meeting with a member of Nimbl Digital Marketing to discuss you revision. During this meeting, the Website Revision Form must be completed and agreed upon. Please ensure you include any changes you may wish to make as this is your last opportunity to do so, provided for in your quote. We strongly recommended meeting with us.c) Please note that the Website Revision Form will be considered the complete brief for the second revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.d) The client accepts that by not communicating with Nimbl Digital Marketing during the revision period, Nimbl Digital Marketing will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
- Additional Revisionsa) Revision 2 will be considered the final draft, unless additional revisions are requested.b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted.c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.
- Final Draft
a) The client is sent the final draft along with a second invoice of 40% of the total fee.
- Going Live – The Final Producta) The website will be taken live. Once it has checked and confirmed to be fully functional the client will receive an invoice for the final 10% payment.b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. This can be obtained through eHost Web Services at https://www.ehost.co.za/ or alternatively, another service provider. Should the client choose to host through eHost Web Services, once the signing up process and purchase of product has been completed, Nimbl Digital Marketing can take the website live.
Should the client wish to use another service provider Nimbl Digital Marketing will require Cpanel/FTP details – the client can obtain these from their service provider. Additionally, clients will need to ensure that the service provider has set up MySQL database before Nimbl Digital Marketing can take the site live.c) Only upon settlement of the full fee will the client be sent his/her login detailsd) Receipt of the final 10% marks the project complete. The website is now a live, complete and working final product.
- Additional Changesa) Any additional changes or modifications the client would like Nimbl Digital Marketing to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project and will need to be processed as a new project.
- Traininga) Once the website has been taken live the client is entitled to a free 30 minute training session on ‘how to update and maintain’ their website moving forward.b) If the client requests further training Nimbl Digital Marketing consulting fee will be charged per 30 minutes thereafter.c) All training is done via Skype.
- Improvement, development and maintenancea) Should the client wish to improve their online presence, please browse our online marketing solutions under the marketing tab at www.nimbl.oneb) Should the client require Nimbl Digital Marketing to maintain their website an hourly fee will be charged.The client needs to accept the quotation before any work will commence.Payment is to be paid in FULL after all changes are completed.Any changes or updates requested that take up to 4 hours to implement from our end have a turnaround time of up to 3 working days;
Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates.
Should a Client choose to maintain their own website, Nimbl Digital Marketing cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get Nimbl Digital Marketing to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is unfixable, we can always restore a previous backup for you upon your request.
General Project Terms
- Viruses & Outdated Websitesa) Nimbl Digital Marketing takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.b) Nimbl Digital Marketing cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Nimbl Digital Marketing cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.
- Refundsa) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require Nimbl Digital Marketing’s services, Nimbl Digital Marketing will gladly process the refund. Deductions may apply for resources already spent on the project.b) If 5 working days have passed since payment, Nimbl Digital Marketing will not process refunds.
Nimbl Digital Marketing is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Nimbl Digital Marketing website and governs data collection and usage. By using the Nimbl Digital Marketing website, you consent to the data practices described in this statement.
Collection of your personal information
Nimbl Digital Marketing collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Nimbl Digital Marketing also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favourites. There is also information about your computer hardware and software that is automatically collected by Nimbl Digital Marketing. This information can include your IP address, browser type, domain names, access times and referring website addresses. This information is used by Nimbl Digital Marketing for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Nimbl Digital Marketing website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Nimbl Digital Marketing public message boards, this information may be collected and used by others. Note: Nimbl Digital Marketing does not read any of your private online communications. Nimbl Digital Marketing encourages you to review the privacy statements of websites you choose to link to from Nimbl Digital Marketing so that you can understand how those websites collect, use and share your information. Nimbl Digital Marketing is not responsible for the privacy statements or other content on websites outside of the Nimbl Digital Marketing and Nimbl Digital Marketing family of websites.
Use of your personal information
Nimbl Digital Marketing collects and uses your personal information to operate the Nimbl Digital Marketing website and deliver the services you have requested. Nimbl Digital Marketing also uses your personally identifiable information to inform you of other products or services available from Nimbl Digital Marketing and its affiliates. Nimbl Digital Marketing may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Nimbl Digital Marketing does not sell, rent or lease its customer lists to third parties. Nimbl Digital Marketing may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Nimbl Digital Marketing may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Nimbl Digital Marketing, and they are required to maintain the confidentiality of your information. Nimbl Digital Marketing does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Nimbl Digital Marketing keeps track of the websites and pages our customers visit within Nimbl Digital Marketing, in order to determine what Nimbl Digital Marketing services are the most popular. This data is used to deliver customized content and advertising within Nimbl Digital Marketing to customers whose behaviour indicates that they are interested in a particular subject area. Nimbl Digital Marketing websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Nimbl Digital Marketing or the site; (b) protect and defend the rights or property of Nimbl Digital Marketing; and, (c) act under exigent circumstances to protect the personal safety of users of Nimbl Digital Marketing, or the public.
Security of your personal information
Nimbl Digital Marketing secures your personal information from unauthorized access, use or disclosure. Nimbl Digital Marketing secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
The Nimbl Digital Marketing website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Nimbl Digital Marketing pages, or register with Nimbl Digital Marketing site or services, a cookie helps Nimbl Digital Marketing to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Nimbl Digital Marketing website, the information you previously provided can be retrieved, so you can easily use the Nimbl Digital Marketing features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Nimbl Digital Marketing services or websites you visit.
Changes to this statement
Nimbl Digital Marketing will occasionally update this Statement of Privacy to reflect company and customer feedback. Nimbl Digital Marketing encourages you to periodically review this Statement to be informed of how Nimbl Digital Marketing is protecting your information.
Nimbl Digital Marketing welcomes your comments regarding this Statement of Privacy. If you believe that Nimbl Digital Marketing has not adhered to this Statement, please contact Nimbl Digital Marketing at [email protected]. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Copy Writing Life Cycle
- You will receive a quote from Nimbl Digital Marketing.
- 50% deposit due.
- Meeting with Nimbl Digital Marketing copywriter to conceptualize and create a timeline for your project.
- 1 Page sample provided to you for review. (At this point you are looking at the overall writing style and tone.)
- Your comments and requested changes will be addressed.
- Revision 1 provided to you for review. (At this point you are looking at the flow of writing, inclusivity and accuracy of the information and general improvements)
- Your comments and requested changes will be addressed.
- Revision 2 provided to you for review. (This is your final opportunity to make changes. At this point, you want to fine-tune and point out anything that bothers you about the copy.)
Please Note: Any changes requested past this point in the process will be charged to you per hour. We will notify you before doing work that will incur an extra cost.
- Final changes will be made according to your request.
- 50% remaining fee due.
- Final copy will be handed over after full payment is made.
- If you require copy to be written according to a style guide other than the Associated Press Style Book, this must be clearly stated in your first meeting with the Nimbl Digital Marketing copywriter. It is the client’s responsibly to provide any company specific style guides that may be needed. In the event that the client should fail to produce a copy of the required style guide, copy will be written according to the Associated Press Style Book. Project timeline will vary according to project size and complexity.
This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 200 words.
- Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. Nimbl Digital Marketing will not add any budget to a client’s account until payment has been made in full.
- 1 calendar month notice need to be given in writing to Nimbl Digital Marketing should you wish to terminate.
- Hours will be managed and assigned as Nimbl Digital Marketing deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- Nimbl Digital Marketing reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
Social Media Life Cycle
- Monthly invoice needs to be paid in FULL before Nimbl Digital Marketing will commence any social media work. Invoices need to be settled within the first week of each month.
- Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at Nimbl Digital Marketing offices.
- 1 calendar month notice needs to be given in writing to Nimbl Digital Marketing should you wish to terminate.
- Once payment is made, please allow for a two week lead period. In this time our digital marketing strategists will design content.
- The date of the first scheduled post will be dependent on the date that Nimbl Digital Marketing receives first proof of payment in full. This will be discussed in further detail between Nimbl Digital Marketing and the client once the first payment is made, via e-mail.
- All prepared content and posts must be approved by the client BEFORE scheduling.
What is spam?
Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.
When you send an email to someone you don’t know, that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email to an entire list of people you don’t know, that’s spam.
What kind of email addresses are OK to send to with NimblMail?
To send email to anyone, you need to have their permission. This could be done through:
- An email newsletter subscribe form on your web site.
- An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
- If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
- Customers who have purchased from you within the last 2 years.
What kind of email address are NOT OK to send to with NimblMail?
You can’t import or send to any email address which:
- You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
- You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
- You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
- You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.
What content MUST I include in my email?
Every email you send using NimblMail must include a single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them, unless they resubscribe again.
We reserve the right to suspend your account immediately and start investigating your activity if your campaigns have high percentage of spam complaints (more than 0.2%), bounces (more than 5%), unsubscribes (more than 1%) or very small open rate (less than 3%). If it turns out that you were sending emails without permission – we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.