Service Level Agreement (SLA)
1. Introduction
This SLA is between Barrk Marketing and the Client. It outlines the terms under which Barrk Marketing will provide digital marketing services.
2. Scope of Services
Barrk Marketing provides a full range of digital marketing services. The specific services and packages offered for the Client are detailed in a separate proposal. Any additional services will be quoted and billed separately.
In addition to the specific services and packages detailed in the proposal, a comprehensive description of the scope of each service provided by Barrk Marketing can be found in Appendix A: Service Descriptions and Scope.
3. Service Availability
Support is available during South African business hours, Monday to Friday. Extended support is available with premium packages.
4. Work Undertaken on Client’s Behalf and Third-Party Liability
Barrk Marketing will perform work under the Client’s direction and authority. Barrk Marketing is not liable to any third party for actions taken on behalf of the Client. The Client indemnifies Barrk Marketing against any third-party claims related to this work.
5. Intellectual Property
- Work Product: Any final work, like marketing assets or reports, will belong to the Client upon full payment. Barrk Marketing may use non-confidential parts for its own marketing.
- Client’s Intellectual Property: The Client owns all rights to their content, trademarks, logos, and other materials provided to Barrk Marketing. These will only be used to deliver the agreed services.
- Barrk Marketing’s Intellectual Property: Barrk Marketing owns any strategies and frameworks we create during the project. Once the Client has fully paid for our services, they receive a license to use these materials for their business.
6. Communication Protocols
Communication will primarily be conducted via email, phone calls, online meetings and WhatsApp. The Client will be assigned a point of contact at Barrk Marketing to handle all queries related to their marketing services.
7. Payment Terms
- Set-Up Fees: Any initial set-up fees will be invoiced upon signing the contract and are due immediately before any work commences.
- Monthly Payments: Ongoing services will be billed monthly. Invoices will be issued at the end of each month, and payment is expected within 7 days of receipt.
- Annual Price Increase: Barrk Marketing reserves the right to adjust the service fees annually. This is done at the start of Barrk's new financial year, 1 March. Any price increase will be communicated to the Client at least 30 days prior to this date.
8. Contract Duration and Termination
This agreement is month-to-month. Either party may terminate it with 1 months' notice if the relationship is not meeting the agreed objectives or if either party is dissatisfied with the working relationship. Termination can be done without penalty.
9. Confidentiality
Barrk Marketing will keep all Confidential Information secure and will not disclose it without prior written consent.
10. No Warranties and/or Guarantees
All services are provided "as is" without warranties. Results and success are not guaranteed. The Client assumes all responsibility for use of any materials and implementation of follow-on work and agrees to hold Barrk Marketing harmless from any claims arising from such use.
11. Dispute Resolution
Disputes will first be addressed through informal negotiation. If the dispute cannot be resolved informally, the matter will be escalated to mediation. Should mediation fail, the dispute will be settled through arbitration under the rules of the Arbitration Foundation of Southern Africa.
12. Limitation of Liability
Barrk Marketing’s liability is limited to the amount paid by the Client in the one month before the claim. Under no circumstances shall Barrk Marketing be responsible for any indirect, incidental, or consequential damages.
13. Complete Agreement & Amendment
This agreement supersedes all previous agreements and can only be amended in writing signed by both parties.
Appendix A: Service Descriptions and Scope
1. Strategy
Included:
- Development of a comprehensive marketing strategy document.
Excluded (unless specified in proposal):
- Implementation of the strategy, ongoing adjustments, or tactical execution.
2. Social Media Management
Included:
- Creation and scheduling of posts (number of posts per week/month as per the proposal).
- Monitoring and responding to comments and messages during business hours as per scope in proposal.
- Monthly reporting on social media performance.
Excluded (unless specified in proposal):
- 24/7 monitoring and crisis management.
- Paid social media advertising (handled separately under Social Media Advertising).
- Social media audits or strategy reviews beyond the initial setup.
- Custom photography, videography, or advanced graphic design (unless specified).
3. Influencer Management
Included:
- Identification and outreach to influencers relevant to the Client’s industry.
- Negotiation and contract management with influencers.
- Coordination of content creation and campaign timelines.
Excluded (unless specified in proposal):
- Payment to influencers (handled directly by the Client).
- Long-term management of influencer relationships beyond the campaign duration.
- Influencer event management.
4. Email Marketing
Included:
- Setup and management of email marketing campaigns.
- Monthly reporting on campaign performance.
Excluded (unless specified in proposal):
- Copywriting for emails beyond agreed campaign content.
- Advanced integration with third-party CRM systems.
- Custom HTML email templates unless previously agreed upon.
- Platform fees or third-party tool costs.
5. SEO Services
Included:
- On-page SEO (keyword optimisation, meta tags, alt tags).
- Technical SEO (site speed optimisation, mobile responsiveness).
- Basic backlink building.
- Monthly SEO performance reports.
Excluded (unless specified in proposal):
- Content creation or copywriting beyond initial keyword optimisation.
- Advanced backlink campaigns or outreach efforts.
- Major website redesign or development.
6. Paid Advertising Management
Included:
- Setup and ongoing management of PPC campaigns on platforms such as Google Ads and social media.
- Keyword research, ad copywriting, and ad creative development.
- Monthly performance reports and budget tracking.
Excluded (unless specified in proposal):
- Google Ads or social media platform spend (billed directly to Client’s account).
- Landing page design and development.
- A/B testing beyond initial ad variations.
- Platform fees or third-party tool costs.
- Custom or advanced creative work or video production for ads.
7. Reporting and Analytics
Included:
- Monthly performance reports.
- Access to analytics dashboards (if applicable).
Excluded (unless specified in proposal):
- Custom report creation beyond standard monthly reports.
8. AI Content Creation
Included:
- Development of content using AI tools, including blog posts, social media content, and basic copywriting.
Excluded (unless specified in proposal):
- Manual content creation or extensive editing beyond initial AI-generated drafts.
9. Website Development
Included:
- Design and development of a fully functional website, including basic SEO setup, mobile responsiveness, and initial content upload.
- Training for the Client’s team on managing the website.
Excluded (unless specified in proposal):
- Ongoing website maintenance or updates beyond initial launch.
- Custom integrations with third-party platforms.
10. General Terms
Change Requests:
- Any changes to the agreed-upon services or scope will be addressed through a formal change request. Additional work will require a new quote and approval before proceeding.
Client Responsibilities:
- Providing timely access to necessary accounts and information.
- Approving content and strategies within agreed timelines.