The terms that apply when you use this website or engage NICOLAI for marketing services. Plain language, South African law.
These terms apply to anyone who uses the NICOLAI website at nicolai.marketing (“the site”), and to any person or entity that engages NICOLAI for marketing services (“client”).
NICOLAI is operated by Nic Malherbe, trading as NICOLAI, based in Cape Town, South Africa. References to “we”, “us”, and “NICOLAI” mean Nic Malherbe trading as NICOLAI.
By using this site or engaging our services, you agree to these terms.
This site provides information about NICOLAI’s services for South African private healthcare practitioners. The content is informational only and does not constitute professional marketing, legal, medical, or financial advice.
Links to third-party sites (including platforms, regulators, or tools mentioned on this site) are provided for convenience. NICOLAI does not endorse and is not responsible for the content of third-party sites.
Every client engagement begins with a free Practice Visibility Review. Following the review, NICOLAI may propose a scope of services. A formal engagement begins when both parties have agreed on a written scope and fees — typically via a signed service agreement or written confirmation by email.
Verbal commitments or informal messages do not constitute a binding engagement unless confirmed in writing.
The specific services we deliver are defined in the written scope agreed for each engagement. These terms of service apply in addition to any written service agreement.
Generally, NICOLAI delivers:
All deliverables are subject to client approval where content is involved. NICOLAI operates as the client’s marketing partner, not as an employee or director of the client’s practice.
Fees are agreed in writing before an engagement begins. Unless otherwise specified:
Where Google Ads, Meta Ads, or other paid media is within scope, advertising spend is always billed separately from NICOLAI’s service fees. Advertising spend goes directly to the relevant platform via the client’s own account or agreed billing arrangement. NICOLAI does not mark up or profit from advertising spend.
Campaign budgets are agreed in advance. NICOLAI will not exceed agreed budgets without prior written approval.
Content created by NICOLAI as part of an engagement — including written copy, social content, reports, and campaign assets — becomes the client’s property upon payment in full for the period in which it was created.
NICOLAI retains rights to its own tools, templates, systems, processes, and methodologies. Platform access credentials set up on behalf of the client remain the client’s property at all times.
The NICOLAI name, wordmark, and brand assets are the property of Nic Malherbe trading as NICOLAI and may not be used without written permission.
NICOLAI treats client information as confidential. We do not share practice-specific information, performance data, or proprietary client materials with third parties, except as required to deliver the agreed services or as required by law.
Clients are asked to treat NICOLAI’s proprietary tools, templates, and methodologies as confidential.
NICOLAI works in a healthcare-aware way and aims to align marketing activity with applicable HPCSA advertising rules and professional standards. However:
To the maximum extent permitted by South African law, NICOLAI’s liability for any claim arising from services provided is limited to the fees paid by the client in the three months immediately preceding the claim.
NICOLAI is not liable for indirect, consequential, or special losses, including loss of revenue, loss of patients, reputational damage, or losses arising from third-party platform changes (including Google, Meta, or WhatsApp).
Nothing in these terms excludes liability for gross negligence or fraud.
Either party may end an ongoing engagement by giving 30 days’ written notice after any agreed minimum term has been served. Notice should be given by email to the relevant contact for each party.
On termination:
We may update these terms from time to time. The “Last updated” date above reflects the most recent revision. Continued use of the site or continuation of services after an update constitutes acceptance of the revised terms. Material changes will be communicated to active clients directly.
Questions about these terms or any aspect of an engagement:
These terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of the South African courts.