Terms & Conditions

1. Introduction

Welcome to The TouchPoiint Network. These Terms and Conditions govern your use of our advertising services and platforms, including but not limited to The TouchPoiint Network.

By engaging our services, you agree to be bound by these Terms and Conditions. Please read them carefully before proceeding with any campaign or advertising agreement.

2. Definitions

In these Terms and Conditions:

• "TouchPoiint Network," "we," "us," or "our" refers to The TouchPoiint Network
• "Client," "you," or "your" refers to the individual or entity engaging our services
• "Services" refers to all advertising services, platforms, and products offered by TouchPoiint Network
• "Campaign" refers to any advertising initiative executed through our platforms
• "Content" refers to all advertising materials, creative work, and messaging

3. Services

3.1 Scope of Services

TouchPoiint Network provides innovative advertising solutions through The TouchPoiint Network (access point advertising in townships and informal settlements). Services may include:

• Campaign strategy and planning
• Creative design and development
• Production and installation of advertising materials
• Campaign monitoring and reporting
• Distribution and placement management

3.2 Service Availability

While we strive to maintain consistent service delivery, availability may be subject to factors including but not limited to location constraints, partner availability, and seasonal variations.

3.3 Campaign Specifications

All campaign specifications, including duration, reach, locations, and creative requirements, will be agreed upon in writing before campaign commencement.

4. Client Obligations

4.1 Content Provision

Clients are responsible for providing accurate, complete, and timely content for campaigns. This includes:

• Advertising copy and messaging
• Logos, images, and brand assets
• Legal disclaimers and required notices
• Necessary approvals and permissions

4.2 Content Compliance

Clients warrant that all provided content:

• Complies with all applicable laws and regulations
• Does not infringe upon third-party intellectual property rights
• Is not defamatory, offensive, or misleading
• Meets advertising standards and industry codes

4.3 Approvals

Clients must provide timely approval of campaign materials. Delays in approval may impact campaign launch dates and duration.

5. Payment Terms

5.1 Fees and Pricing

Campaign fees will be outlined in individual quotations and agreements. Pricing may vary based on:

• Campaign duration and scale
• Geographic coverage
• Production and creative requirements
• Platform selection (The TouchPoiint Network)

5.2 Payment Schedule

Unless otherwise agreed in writing:

• A 50% deposit is required before campaign commencement
• The balance is due within 30 days of campaign launch
• Production costs may require separate advance payment

5.3 Late Payment

Late payments may incur interest charges and may result in campaign suspension or termination.

5.4 Additional Costs

Clients are responsible for additional costs including but not limited to rush production fees, content revisions beyond agreed scope, and extended campaign durations.

6. Intellectual Property

6.1 Client Content

Clients retain all rights to their brand materials, logos, and proprietary content provided for campaigns.

6.2 TouchPoiint Network Creative Work

TouchPoiint Network retains intellectual property rights to original creative work, concepts, and designs developed for campaigns unless specifically transferred in writing.

6.3 License Grant

Upon full payment, clients receive a non-exclusive license to use TouchPoiint Network-created materials for the agreed campaign purposes.

6.4 Portfolio Use

TouchPoiint Network reserves the right to use campaign materials for portfolio, case study, and promotional purposes unless otherwise agreed in writing.

7. Warranties and Representations

7.1 TouchPoiint Network Warranties

TouchPoiint Network warrants that:

• Services will be performed with reasonable skill and care
• We have the right to provide the agreed services
• We will comply with applicable laws and regulations

7.2 No Guarantees

While we strive for excellence, TouchPoiint Network does not guarantee specific results, impressions, or campaign outcomes. Estimates of reach and engagement are approximate.

7.3 Third-Party Dependencies

Some services depend on third-party partners (e.g., pizzerias, sanitation service providers). TouchPoiint Network is not liable for third-party actions or failures beyond our reasonable control.

8. Limitation of Liability

8.1 Liability Cap

TouchPoiint Network's total liability for any claims arising from or related to our services shall not exceed the total fees paid by the client for the specific campaign in question.

8.2 Excluded Damages

TouchPoiint Network shall not be liable for indirect, incidental, special, consequential, or punitive damages including but not limited to loss of profits, loss of data, or loss of business opportunities.

8.3 Client Indemnity

Clients agree to indemnify and hold TouchPoiint Network harmless from claims arising from client-provided content, including claims of copyright infringement, defamation, or regulatory violations.

9. Termination

9.1 Termination by Client

Clients may terminate campaigns with written notice. Termination fees may apply based on work completed and commitments made.

9.2 Termination by TouchPoiint Network

TouchPoiint Network may terminate services immediately if:

• Client breaches these Terms and Conditions
• Payment obligations are not met
• Client content violates laws or regulations

9.3 Effect of Termination

Upon termination, clients remain liable for all fees incurred up to the termination date plus reasonable wind-down costs.

10. General Provisions

10.1 Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa.

10.2 Dispute Resolution

Any disputes shall first be resolved through good-faith negotiation. If unsuccessful, disputes shall be resolved through arbitration in Johannesburg, South Africa.

10.3 Amendments

TouchPoiint Network reserves the right to amend these Terms and Conditions. Clients will be notified of material changes. Continued use of services constitutes acceptance of amended terms.

10.4 Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.5 Entire Agreement

These Terms and Conditions, together with any written agreements and quotations, constitute the entire agreement between the parties.

10.6 Force Majeure

TouchPoiint Network shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, pandemics, strikes, or government actions.

Contact Information

For questions about these Terms and Conditions, please contact us:

The TouchPoiint Network
Email: legal@gsmgroup.co.za
Phone: +27 82 922 0981
Address: Johannesburg, South Africa