Terms of Service

Last updated: 9 February 2026

OVERVIEW

This website is operated by Luma Digital Marketing (Pty) Ltd (“Luma”, “we”, “us”, or “our”). We provide professional digital marketing services, including but not limited to strategy, SEO, Meta & Google advertising, social media management, content marketing, and consulting.

By accessing this website or engaging our services, you agree to be bound by these Terms of Service (“Terms”). These Terms apply to all visitors, prospective clients, and active clients. If you do not agree to these Terms, you must cease use of the website and our services immediately.

SECTION 1 – ELIGIBILITY AND AUTHORITY

You represent and warrant that you are at least the age of majority in your jurisdiction and have the legal authority to enter into a binding agreement on behalf of yourself or your organization.

SECTION 2 – SCOPE OF SERVICES

Luma provides services on a professional, "best-effort" basis.

No Guarantees: Digital marketing is subject to third-party algorithms. We do not guarantee specific rankings, lead volumes, revenue increases, or ROI.
Precedence: If a separate Service Level Agreement (SLA) or Proposal is signed, the terms of that specific document shall prevail over these general Terms in the event of a conflict.

SECTION 3 – ADVERTISING BUDGETS & ACCOUNTS

Direct Billing: Unless otherwise stated, the client is responsible for paying advertising spend (Meta, Google, etc.) directly to the platform.
Third-Party Volatility: Luma is not responsible for platform price fluctuations, account suspensions, or technical glitches on Meta, Google, or other third-party tools.
Account Access: The client must provide the necessary administrative access to platforms. Luma is not liable for delays caused by restricted access or "Two-Factor Authentication" hurdles.

SECTION 4 – PAYMENT TERMS

Invoicing: Services are billed in advance or as per the signed Proposal.
Late Payments: We reserve the right to suspend all active campaigns (including pausing live ads) if payment is not received by the due date.
Refund Policy: Fees are for professional time and expertise and are non-refundable once work has commenced.

SECTION 5 – INTELLECTUAL PROPERTY (IP)

Luma IP: We retain ownership of our proprietary strategies, internal templates, and workflows used to execute your campaigns.
Client IP: Upon full and final payment, ownership of final creative assets (ad copy, graphics specifically designed for you) transfers to you.
Portfolio Rights: Unless a Non-Disclosure Agreement (NDA) is in place, you grant us a royalty-free license to display your project results and logo for our portfolio and marketing purposes.

SECTION 6 – DATA PROTECTION (POPIA & GDPR)

As a digital agency, we often act as an Operator (Processor) for your data.

Compliance: You warrant that any database or lead list provided to Luma has been collected in accordance with POPIA/GDPR and that you have the necessary consent to market to these individuals.
Indemnity: You indemnify Luma against any legal action arising from your failure to obtain proper consent for the data you provide to us.
Processing: We will process personal information only for the purpose of delivering services and in accordance with our [Privacy Policy].

SECTION 7 – CLIENT RESPONSIBILITIES

You are responsible for:

Ensuring all claims made in your advertisements are true and legally compliant.
Providing approvals for ad copy/creative in a timely manner.
Maintaining the security of your own account login credentials.

SECTION 8 – LIMITATION OF LIABILITY

To the maximum extent permitted by South African law:

Luma shall not be liable for any indirect, incidental, or consequential loss (including loss of profits or data) resulting from algorithm changes or account bans by third-party platforms.
Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim in the three months preceding the event.

SECTION 9 – TERMINATION

Notice: Either party may terminate the relationship with 30 days' written notice, subject to any minimum terms specified in your Proposal.
Immediate Termination: We may terminate this agreement immediately if you engage in unethical practices, non-payment, or breach these Terms.

SECTION 10 – GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts in South Africa.

SECTION 11 – CONTACT INFORMATION

Luma Digital Marketing (Pty) Ltd Information Officer: Lara Husselmann Email: lara@lumadigital.co.za Website: https://lumadigital.co.za