Terms and Conditions
Here are the Terms and Conditions of service, explained as easily and briefly as possible to avoid misunderstandings. The URL to these terms and conditions is clearly stated on the quotation and is displayed on this website at all times. Instruction for commencement of work, however received, indicates that you understand and accept the terms and conditions of service and payment. The Hanna Smith Agency (Pty) Ltd may change the terms and conditions without notice.
The relationship between Elizabeth Tsikkos (hereafter “The Hanna Smith Agency” or “Hanna Smith” or “THSA”) and the client is not an employer / employee relationship or an agency or a partnership in any shape or form. Elizabeth works as an independent contractor and her services will be limited to the project at hand.
We reserve the right to modify our terms and conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
The copywriting process and related services
It is very important to note that policies and other business documents are provided as a copywriting service. Policies, contracts and any other documents that have been written by The Hanna Smith Agency are not legal documents and cannot be used as such. Please have documents of a legal nature, or that describe company or other policies and/or terms and conditions of any sort, reviewed by an attorney.
Each project begins with a brief. It is the responsibility of the client to ensure that we have everything we need to start work on a project. A maximum of three drafts are presented to the client, where the third is considered the final draft. If additional work is required after the final draft, an additional hourly fee will be charged. If the original brief is changed (i.e. the client wants something different from what was in the original brief), a reasonable fee will be applied to cover the work that was abandoned. In this case, a new quotation will be provided to the client.
Final copy is provided to the client once full payment is received. The final copy will include all the project assets, where applicable.
THSA reserves the right to provide additional quotations or charge additional fees for work that was not included/disclosed in the initial brief.
All medical, financial, and legal businesses must be fully licensed and registered at their applicable legal and regulatory body in order for THSA to provide services to such business/practice/firm/institution. That is, please ensure that you have a Legal Practice Number, FSP, or HPCSA number before requesting services.
Training is subject to availability, and may be discontinued at any time without notice. All training fees must be paid in full before the start of the course. No refunds will be given if the student does not complete the course for any reason, or fails to perform during the training for any reason. On-site training is limited to certain modules, and does not cover each module offered in the online training course. The student does however receive all the content for the entire course for self-study, where applicable. Learner support is not offered on purchase of the learning material alone. Learner support is offered at The Hanna Smith Agency’s discretion, and may quote the company or student on further services that arise within the scope of the training.
Unless specifically stated otherwise, all SEO services are monthly services. It is important to note that ranking cannot be guaranteed. Ranking on search engines like Google takes time and effort. If we discover development or other critical issues affecting your website or ranking potential, we will offer a quotation before continuing such work. Your monthly SEO plan will however continue and development delays do not constitute a reason for non-payment. Many SEO-related tasks, such as blog content, keyword, competitor and opportunity research, as an example, can be optimised while development takes place. It is also important to note that during Month 1, auditing is completed and that no on-site SEO optimisation may take place.
The client, subscriber, user, or any person who accesses services or content in any way, indemnifies and holds The Hanna Smith Agency harmless against loss, liability or damages of whatsoever nature. The Hanna Smith Agency will not accept liability or damages of whatsoever nature for instances relating to subscriber or shared communications, subscriber or shared content, interception of subscriber communications, publications or any use of content available on the website or social media pages of any kind, or for services rendered.
Termination of services
The Hanna Smith Agency may discontinue any service at any time without notice.
Instruction to commence work indicates the acceptance of the quotation, whether as written or verbal instruction. A 50% deposit is required for commencement of work. The full amount invoiced (where applicable) or the remaining 50% invoiced is payable within 7 calendar days of date of invoice. Invoices outstanding from 30 days will incur interest at 1.5% per month. The Hanna Smith Agency may withhold delivery of project assets due to non-payment.
Monthly services (this includes all social media and SEO packages) are subject to 30 days notice, except for the months of November and December which require 60 days notice. All notice of cancellation of services must be received in writing by no later than the 7th of the month for cancellation at end of same month. Notice provided after the 7th is subject to cancellation the following month. All services must be cancelled in writing by the client. The Hanna Smith Agency reserves the right to cancel services without notice where the client has not made payment for 2 consecutive months. The client remains liable for the full outstanding service fee plus a one (1) month cancellation fee.
Refunds are offered at the sole discretion of The Hanna Smith Agency. Please ensure that you understand that specific outcomes can never be guaranteed.
Failure to perform
Errors, because we are human
The Hanna Smith Agency is aware that certain projects may contain sensitive information. We will not disclose information concerning your project unless specifically so agreed. All sensitive documentation received is secured to ensure compliance with data privacy laws. If you wish for your data to be destroyed after project completion, please let us know. Please be aware that a backup of your documents/project assets/communications will not be held if an instruction to delete/destroy is received by The Hanna Smith Agency. In general, backups are not retained and cannot be guaranteed. If a backup of your project assets and documents is required, please contact us for a quotation.
The Hanna Smith Agency may from time to time retain extracts of work for inclusion in a portfolio.
The Hanna Smith Agency may from time to time contract work to third parties. Be assured that all contractors are required to adhere to the level of service expected from the agency. And, nothing goes to a client without approval!
Blog and general information
We do not guarantee, represent or warrant that your use of our blog/information/website will be uninterrupted, secure, or free from errors. The information in our blog(s)/website is for general information purposes only. The Hanna Smith Agency, publisher, and any contributor does not guarantee the accuracy of any information and links to information. Information/blog(s)/website should not be considered legal, professional or career advice, and should not be construed as such. You must not rely on information on this website/blog(s) as an alternative to professional advice from your own attorney, career counselor, recruitment agent, company, manager, accountant, or any other applicable professional person. Information/blog(s)/website is not guaranteed to be available at all times, and may be removed without notice. Our content should only be read in its original format.
We take our responsibility under the Protection of Personal Information Act 4 of 2013 (also known as POPIA) seriously, and we have therefore put in place strict measures to ensure that any personal information we receive whilst providing a service is kept secure and is used only for the purpose for which it was collected.
What is POPIA about?
POPI prescribes a set of conditions and principles that regulate the collection, processing and use of personal information, and ensures the lawfulness of such actions. These principles and conditions have been enacted (made to law) to promote the constitutional right to privacy contained in section 14 of the South African Constitution and to protect a person’s personal information and the use of this information by third parties. Bear in mind that different countries have their own unique privacy laws.
Importantly, POPI protects persons from suffering damage and harm by requiring entities and parties who receive their personal details to protect the confidentiality and integrity of such information. POPI therefore places an important responsibility on parties who collect, store, use and destroy personal information, and also provides rights and solutions to persons whose rights have been infringed in terms of POPI. It requires the relevant parties dealing with personal information to take care of such information and protects the general public against the incorrect and unauthorised use of their personal information, whether used for purposes of identity theft, abusive marketing practices or other unauthorised purposes. It is important to be aware that POPI does not aim to stop the flow or sharing of personal information, but rather aims to establish and set guidelines and rules for how this must be done in line with international standards, to protect the privacy of the persons whose personal information is being processed.
Terms and Definitions
We receive, process and store personal information (such as name, surname, email address, phone number) you enter on our website or provide us in any other way, such as directly from you in emails or from lead generation forms. We also indirectly receive information from agencies who contract us to perform services on their client’s behalf. Your information is processed in order for us to provide a service to you, to send you accounts and reports and marketing communications to which you have subscribed. Subscribers to our blog can be assured that their data is only processed for the purpose of receiving updates from us.
How we process your personal information lawfully
The personal information that we collect is processed in line with the 8 conditions for lawful processing in the Protection of Personal Information Act. We therefore:
Other reasons for processing your personal information include:
Consent to processing and correction of personal information
When you use any of our services you provide us your personal information and consent to the processing thereof. If you do not want us to process your personal information anymore, or wish to have your personal information rectified, please contact us at firstname.lastname@example.org, or opt-out from the link provided in communications from us where this is available and applicable. It is also important to note that personal information provided to us before the POPIA commencement date may fall within its ambit and you consent to the processing thereof.
The Hanna Smith Agency collects information to improve the services we provide and to present you with information and services that will interest you. We also use your information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate our websites.
Unless you voluntarily provide personal information for a specific purpose, we do not collect personal information from you. We will never combine any personal information about a user of our site with any aggregate information we collect about that user, whether collected on our site or our advertising service. If you choose to provide personal information during registration or when using our services, we use your personal information to provide you with particular product or services that you request. If your personal information changes, you may correct, update or delete it by emailing email@example.com.
The Hanna Smith Agency will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. However, we may transfer personal information in connection with a sale or merger of The Hanna Smith Agency or the division responsible for the services provided to you. We may also share your personal information, such as your email address, mailing address, etc., with our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality or provide associated services and/or who deal with you in processing your orders and/or delivering content, samples, products, services and gifts and prizes. These third parties are not allowed to use personal information except for the purposes of providing the applicable services. In addition, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. Our site and services are maintained in South Africa. By using the site and/or services, you authorize the export of personal information to South Africa and its storage and use as specified in this policy.
Other Information We Collect and Use
Data (or personal information) is securely stored and is held for the period of time that is required for us to provide you a service or manage your account. The Hanna Smith Agency is in the process of entering into strict operator contracts with its suppliers to ensure that processing of information is done lawfully by third-party operators, where this is necessary to ensure that our client’s personal information is kept secure.
Third Party Website Links
Some of our websites provide links to third party websites, such as those of our affiliates, business partners and advertisers. We have no access to or control over their practices. Because The Hanna Smith Agency does not control the information policies or practices of these third party websites, you should review their privacy policies to learn more about how they collect and use personal information.
The Hanna Smith Agency stores all data using industry standard security devices and reputable software providers to safeguard against unauthorized access to our data. We have put in place reasonable physical, electronic, and managerial procedures coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration.
Protection for Children
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their children’s’ online activity. We do not knowingly collect personal information from anyone under the age of 13.
If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our records.
We may change our processes from time to time
If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at firstname.lastname@example.org.
Privacy policies of other websites
If you work for us as a freelance writer
THSA hires freelance writers. It is important to note that no contract of any kind exists between THSA and the writer at any time. Writers are paid for copy delivered after a brief. If copy does not meet our standard or is not delivered on time, no payment is made to the writer. If copy is received and the client does not approve, THSA offers the client a revision. The writer rewriters the copy at no additional cost. However, all THSA clients are required to adhere to our terms as set out herein. A third draft is considered final.
Projects (where multiple articles or a large quantity of copy must be written and delivered, either once-off or over a period of time, are always subject to client approval at any stage of the project. Therefore, if the writer has started on a project but the client does not approve of the copy being delivered at any point, the writer will be paid a portion as determined by THSA for the content that was delivered, but will not proceed working on the project, and will therefore not receive payment for the remaining copy. The writer will, however, receive an opportunity to rectify the copy as per the three draft rule (see the copywriting process), but as mentioned, should the client still not approve of the copy, the writer will not continue and will not receive payment. THSA does not pay for copy in advance.