Terms of Service
MATHILDA ELOFF
Service Level Agreement & Freelance Briefing Terms and Conditions
Reg: 2019/601353/07
Effective Date: 2018 – 01 – 05
Updated: 1 March 2026
This Agreement (“the Agreement”) is entered into by and between Mathilda Eloff, ID 8410290008088 (“Mathilda”, “the Consultant”, “I”, “we”), and the client (“you”, “the Client”). By submitting a brief, accepting a quote, or otherwise engaging Mathilda’s services, the Client agrees to be bound by the terms of this Agreement.
1. Services
Mathilda offers expertise and services in creative marketing solutions, including branding, web design, content creation, and social media management.
All projects are priced based on a standard hourly rate of R790 per hour, as set out in the consultation brief.
Quotes and estimates are calculated based on the average number of hours required according to the Client’s brief and anticipated revisions.
2. Brief Submission & Deadlines
All content, briefs, and reference material must be submitted at least 7 (seven) working days in advance of the required completion date. This lead time allows for proper planning, drafting, and review, and helps avoid rushed or urgent work.
Briefs or content submitted with less than 7 working days’ notice will be treated as urgent work and may be subject to the surcharge set out in Clause 6 below, subject to availability.
3. Billing & Payment
3.1. A deposit of 50% of the quoted amount is payable upon acceptance of the quote provided by Mathilda.
3.2. The remaining balance is due within 30 calendar days after project completion.
3.3. If additional hours are required due to changes in the project brief or numerous revisions, they will be billed at R680 per hour, tracked in accordance with Clause 4 below.
3.4. Quotes remain valid for 30 days. Third-party quotes are subject to availability and may change due to market-related factors or service/product availability.
4. Time Tracking & Billing Increments
All billable work, including reverts and additional hours, is tracked and calculated in 30-minute intervals.
Any edit, change, or revert that takes between 1 and 30 minutes to complete will be calculated as a full 30-minute unit. For example, a revert that takes 5–10 minutes will still be billed as a full 30 minutes.
Work exceeding 30 minutes is rounded up to the next 30-minute interval (for example, 35 minutes of work is billed as a full hour).
5. Reverts & Revisions
5.1. Project-Based Work: For once-off, quoted projects, a maximum of three revisions per deliverable is included in the original quote (see Clause 15.6). Any revision requested beyond this — including minor edits — is billed as additional hours at R790 per hour, tracked in accordance with Clause 4.
5.2. Retainer Clients: For Clients engaged on an ongoing retainer (see Clause 16), reverts — meaning any edit, change, correction, or revision to work already delivered — are covered within the Client’s retainer hours. All time spent on reverts is tracked and deducted from the Client’s retainer hours in accordance with Clause 4, in the same way as original work. There is no separate “free revisions” allowance outside of the retainer.
6. Urgent Jobs & Rush Surcharge
Work with a turnaround time of 0–3 days from briefing to delivery is classified as urgent.
Urgent work carries a surcharge of R790 per hour, added on top of the applicable hourly rate (R790 per hour, or R790 per hour for additional/revision hours), for all hours worked on that job.
This surcharge applies regardless of whether the work falls under a retainer or is invoiced as a once-off project, and is subject to Mathilda’s availability.
7. Weekend Work Surcharge
Where work must be completed over a weekend (Saturday and/or Sunday) in order to meet a deadline, an additional surcharge of R790 per hour applies to all hours worked over that weekend.
The urgent-job surcharge (Clause 6) and the weekend surcharge (Clause 7) are calculated independently. Where a job is both urgent and requires weekend work, both surcharges may apply to the same hours.
8. Timelines & Delays
8.1. Project timelines will be negotiated during the initial briefing meeting.
8.2. Delays caused by the Client — such as delays in providing feedback or information — may result in the extension of service deadlines.
9. Acceptance of Quote
Acceptance of the quote provided by Mathilda signifies the Client’s agreement to the services and associated costs outlined in that quote.
10. Cancellation
10.1. If a project is cancelled, the Client must pay for all hours worked up to the point of cancellation, calculated in accordance with Clause 4.
10.2. Projects involving external costs (such as printing, production, or media bookings) will incur a cancellation fee of 75% of the total external cost.
11. Client Responsibilities
11.1. Clients must provide accurate and complete information at the outset of the project.
11.2. While Mathilda offers copywriting services, Clients are responsible for reviewing and approving final deliverables. Proofreading of documentation not authored by Mathilda incurs additional costs.
11.3. Clients are liable for any mistakes in copy once final approval has been given.
12. Printing & Production
12.1. Printing and production services are outsourced to Mathilda’s trusted suppliers.
12.2. Clients who opt to use their own suppliers are responsible for approving production proofs.
12.3. Mathilda acts as a liaison between the Client and the supplier, offering advice, but does not accept responsibility for supplier errors.
13. Sales & Lead Conversion
13.1. Mathilda provides tools and solutions within a client-discussed budget range. Sales conversions depend on the accuracy of Client data. Web and Google Analytics analyse traffic but do not track all marketing touchpoints.
13.2. Mathilda is not responsible for the Client’s customer service; this remains entirely the Client’s responsibility.
14. Digital Campaign Costs & Media Bookings
14.1. Investment Disclaimer: Mathilda makes no guarantees regarding the return on investment (ROI) from marketing media placements. Outcomes are contingent on various external factors beyond Mathilda’s control.
14.2. Strategic Recommendations: Strategies and recommendations are based on comprehensive analysis of available Client and media data. While Mathilda aims to provide informed guidance, she cannot assume responsibility for market performance or lead conversions.
14.3. Performance Liability: Mathilda shall not be held accountable for any perceived weaknesses in market performance or lead conversions arising from media placements or campaign strategies.
14.4. Expertise and Insight: Recommendations draw on extensive experience and an in-depth understanding of the Client’s strengths and weaknesses, enabling the most effective routes for customer engagement to be mapped.
14.5. Ongoing Adjustments: Mathilda is committed to continually reviewing and optimising campaign strategies to adapt to market changes and strive for the best possible results based on initial and evolving Client data.
14.6. Amendments and Approvals: All media bookings and related costs must be approved in writing by the Client, and any changes to the campaign approach must be mutually agreed upon.
15. Scope of Work
15.1. Purpose: This project is aimed at developing a comprehensive branding and marketing strategy for the Client, encompassing web design, content creation, and social media management. [Insert project-specific purpose where this Agreement is used for a specific engagement]
15.2. Tasks and Deliverables:
- Brand identity development
- Website design and development
- Creation of marketing content (brochures, flyers, etc.)
- Social media strategy and management
15.3. Responsibilities: Mathilda will execute all tasks related to design, development, and strategy implementation. The Client will provide timely feedback, required content, and approvals to meet project deadlines.
15.4. Timeline: The project will commence on [Insert Start Date] and aim to be completed by [Insert End Date], with key milestones agreed upon in the project brief.
15.5. Exclusions: This scope of work does not include additional services outside of branding and marketing, such as long-term content management or IT services, unless separately agreed under a Retainer Agreement (Clause 16).
15.6. Revisions: A maximum of three revisions per deliverable is included, in accordance with Clause 5.1. Additional revisions will be billed at the standard hourly rate.
15.7. Assumptions: All work is expected to be completed using current resources available and within the agreed platforms.
15.8. Amendments: Any modifications to the scope of work must be agreed upon in writing by both parties and may incur additional costs.
16. Retainer Agreement
16.1. Approval Responsibilities: The Client is responsible for reviewing and approving the content calendar and creative material provided by Mathilda before it is published. Timely sign-off is required to maintain the agreed schedule.
16.2. Delayed Approvals: In the event of any delay by the Client in approving material, Mathilda cannot be held responsible for missed deadlines. The Client remains liable for the work completed, irrespective of whether the material is ultimately used or published.
16.3. Work Completion: All work done under the retainer agreement, including drafts and finalised content, is considered delivered once the initial review and feedback cycle is completed.
16.4. Liability for Inaction: Should the Client choose not to proceed with publishing or using approved material, they remain obliged to pay for all work completed and approved under the retainer agreement.
16.5. Review Cycle: The Client agrees to a specific review cycle for content, within which approvals should occur to prevent delays in project timelines.
16.6. Changes to the Retainer Agreement: Any amendments to the retainer terms must be documented in writing and approved by both parties.
17. Ownership & Intellectual Property
17.1. Ownership of Work: Upon full payment and project completion, all work — including creative designs and deliverables produced by Mathilda for the Client — becomes the sole property of the Client.
17.2. Use of Creative Concepts: The Client may not take creative or strategic concepts developed by Mathilda to another creative agency for further development without securing a written agreement and obtaining Mathilda’s prior consent.
17.3. Credit and Attribution: Mathilda retains the right to showcase completed work as part of her portfolio, attributing the creative work to Mathilda Eloff, unless otherwise agreed with the Client.
17.4. Exclusivity of Concepts: All creative ideas and strategic concepts presented during the project remain exclusive to Mathilda until the final project deliverables are handed over. Unauthorised use or redistribution of these concepts is prohibited.
17.5. Intellectual Property Violation: Any violation of these provisions may lead to legal action, and the Client shall be liable for any damages incurred as a result of such violations.
17.6. Amendments: Any changes to, or additional uses of, the work must be outlined in a written agreement between both parties, ensuring legal compliance and mutual consent.
18. Third-Party Service Providers
18.1. Partnerships and Collaborations: Mathilda may engage third-party service providers to deliver certain aspects of a project as required.
18.2. Additional Terms and Conditions: The Client acknowledges that third-party service providers may have their own terms and conditions, which will apply to any services they render as part of the project.
18.3. Compliance and Agreement: The Client agrees to comply with the terms and conditions of third-party service providers as necessary for the completion of the project.
18.4. Notification of Terms: Mathilda will inform the Client of any applicable additional terms and conditions prior to engaging a third-party service provider.
18.5. Liability: While Mathilda works with trusted partners, she is not liable for the actions, errors, or omissions of third-party service providers. Any disputes relating to third-party services must be resolved directly with the relevant provider.
18.6. Approval and Coordination: All third-party engagements and associated terms must be approved by the Client in writing.
19. Confidentiality
Both parties agree to keep confidential any proprietary, financial, or otherwise sensitive information shared during the course of the engagement, and not to disclose it to third parties without prior written consent.
20. Communication
- Preferred communication channel(s) and expected response time [Insert]
21. Governing Law
This Agreement is governed by and construed in accordance with the laws of South Africa, with any disputes resolved in the South African courts.
22. Acceptance of Terms
By signing below, both parties acknowledge and agree to the terms and conditions outlined in this Agreement.