Introduction
These Terms of Service ("Terms") govern your engagement with TOMM Strategy + Branding ("TOMM", "we", "us"), a sole-proprietor consultancy operated by Mathilde Tomson-Myburgh, registered in South Africa (CIPC Reg. No. 2025/191572/07, SARS Tax No. 9079052297).
By engaging our services — whether via a signed agreement, written instruction, or verbal confirmation — you ("the Client") agree to be bound by these Terms.
Services
TOMM provides strategic marketing, branding, copywriting, communications, and related consulting services. The specific scope of work is defined in a Project Agreement or Retainer Agreement issued prior to commencement. Any work performed outside the agreed scope requires written approval and may attract additional fees.
Proposals & Agreements
All engagements are initiated with a written proposal or agreement outlining scope, deliverables, timelines, and fees. Work commences only once a signed agreement and required deposit have been received. Verbal or email-based approvals may be accepted at TOMM's discretion for minor or urgent tasks.
Fees & Payment
Hourly consulting: Billed at R935 per hour, tracked and invoiced by TOMM.
Project-based work: A deposit of 30% of the agreed quote is payable before work begins. The balance is due within 15 days of invoice receipt upon completion.
Monthly retainers: Invoiced monthly in advance, with payment due within 15 days. Retainers operate on a minimum 3-month term.
Late payments may incur a penalty of 5% per month on the outstanding balance. TOMM reserves the right to suspend work on accounts more than 15 days overdue.
All pricing is quoted in South African Rand (ZAR) and is exclusive of VAT where applicable.
Payment Methods
South African clients: EFT bank transfer. Banking details are provided on each invoice.
International clients: Card payment via Paystack invoicing. Paystack's own terms and privacy policy apply to payment processing.
Deposits
Deposits are required to secure TOMM's time and commence work. Deposits are non-refundable once work has begun, except where TOMM is unable to deliver the agreed services. See our Refund Policy for full details.
Revisions
Each deliverable includes 2 rounds of revisions per project item or per month (for retainer clients). Additional revisions are billed at R935 per hour. Revision requests must be provided in a consolidated, written format.
Client Responsibilities
The Client agrees to:
- Provide all required materials, access, approvals, and feedback in a timely manner
- Nominate a single point of contact for communication and approvals
- Respond to requests within the timeframes specified in the agreement
Delays caused by the Client may result in adjusted timelines or additional charges.
Intellectual Property & Ownership
All final deliverables become the Client's property upon receipt of full payment. Until full payment is received, all work-in-progress materials remain the intellectual property of TOMM. TOMM retains the right to include completed work in its professional portfolio, unless the Client requests otherwise in writing.
Confidentiality
TOMM treats all Client information as confidential and will not share or use Client materials outside the agreed scope of work. This obligation continues after the engagement concludes.
Termination
Project agreements: Either party may terminate with 30 days' written notice. The Client will be invoiced for all work completed to date. Deposits are non-refundable.
Retainer agreements: A minimum term of 3 months applies. Early termination entitles TOMM to invoice for the remaining balance of the minimum term. After the minimum term, either party may terminate with 30 days' written notice.
Limitation of Liability
TOMM's liability is limited to the total fees paid in the three months preceding the claim. TOMM is not liable for indirect, consequential, or loss-of-business damages, nor does TOMM guarantee specific marketing outcomes, audience growth metrics, or media coverage.
Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through direct negotiation. If unresolved within 30 days, the matter may be referred to mediation or legal proceedings under South African law. The courts of the Western Cape shall have jurisdiction.
Amendments
TOMM reserves the right to update these Terms. The most current version will be published on our website. Continued engagement constitutes acceptance of any revised Terms.
Contact
Mathilde Tomson-Myburgh · TOMM Strategy + Branding · CIPC Reg. No. 2025/191572/07
mathilde@tomm.co.za · +27 61 401 5889