Pay-monthly agreement.

01About this agreement

This agreement is between you, the person or business named on your quote, and Clevex (short for Clever Executions), the trading name of Zack de Beer and Francois Potgieter, who run it together in Hartbeespoort, North West, South Africa. Clevex isn’t a registered company: when you buy from us, you deal with the two of us.

How you accept it. There’s nothing to sign. You accept this agreement and your quote when you pay your first month on your quote’s payment link, which says so beside the Pay button. If you accept for a business, you confirm you may act for it.

What it’s made of. Your quote (what we build, the price and any terms written on it), this agreement, our refund and cancellation policy and our privacy policy. Where your quote says something different from this agreement, your quote wins: it was written for you.

Care on its own. If you paid for your website once-off and add Care, paying for it accepts this agreement too, but only sections 07 and 10 to 12 apply.

• BusinessClevex, the trading name of Zack de Beer and Francois Potgieter (not a registered company)
• Address205 Simon Bekker Avenue, Kosmos, Hartbeespoort, North West, 0261, South Africa
• Emailcontact@clevex.co.za
• Phone060 434 2966
• Websiteclevex.co.za

02What we build

A website, designed and built from scratch for your business, in the package and to the scope your quote sets out. What each package includes is on our pricing page. Anything that isn’t in your quote is quoted before we do it, and only goes ahead once you’ve said yes.

We usually write the words for your site ourselves, from what we learn about your business and your customers, and you check them before launch.

03What you pay, and when

You pay 12 monthly payments. Each one pays off a twelfth of your package’s once-off price and pays for Care that month.

Starter

R599 a month for 12 payments. R458.33 of each pays off the build (R5 500 once-off), and R140.67 is Care. After the pay-off, Care is R150 a month.

Growth

R899 a month for 12 payments. R708.33 of each pays off the build (R8 500 once-off), and R190.67 is Care. After the pay-off, Care is R200 a month.

Custom

From R1 399 a month for 12 payments, as your quote says: a twelfth of your quoted once-off price pays off the build each month, and the rest is Care. After the pay-off, Care is from R250 a month, as quoted.

• No deposit, no setup fee. Your first payment is your first month, paid by card on your quote’s link, and it starts the work. Once-off items on your quote, if it has any, are added to it.
• Then the same card, each month. From a month later, Paystack charges the same card on the same date each month. You type your card details on Paystack’s secure page, never on ours, and we never see them.
• From your first payment. The payments run from your first one, whether your site is live yet or not.
• A fixed price. Your monthly price doesn’t change during your 12 payments, and anything beyond your quote is quoted first.
• No minimum term. You can stop any time (section 06).
• Receipts. Paystack emails you a receipt for every payment, and your quote stays on its link, where you can print it or save it as a PDF.

04Who owns what

Your website

Until it’s paid off, the website we design and build for you, with its design, its code and the words and graphics we create for it, is ours, and we let you use it. After your 12th payment, or when you settle what’s left of the build, it’s yours, exactly as if you’d paid once-off, and we hand over the site and the logins whenever you ask.

Your domain

Always yours. We register a new domain in your name, or your business’s, and keep it renewed while Care runs. If you already have one, it stays yours: you give us access to point it at your site.

What you send us

Your logo, your photos, the words you write and your business’s information are always yours. You let us use them to build and run your site.

Your visitors’ details

The enquiries and other details your site collects are yours. We handle them for you as Personal information sets out.

Parts made by others

Fonts, maps and the other parts of a site made by others come with their own licences, which let you use them on your site.

Showing our work

We may show your site among our work, on our website and social media. Tell us if you’d rather we didn’t.

05Paying it off early

You can settle what’s left of the build at any time, whether you’re carrying on or stopping. What’s left is your once-off price, less a twelfth of it for every monthly payment you’ve made, rounded to the nearest rand.

Starter (R5 500)

R4 125 after 3 payments, R2 750 after 6 and R1 375 after 9.

Growth (R8 500)

R6 375 after 3 payments, R4 250 after 6 and R2 125 after 9.

Custom

Your quoted once-off price, worked out the same way.

Ask us and we send you a link to pay it. Once it’s paid, the site is yours and we hand it over. Your monthly payment then drops to Care at its price after the pay-off (section 07), or stops if you don’t want Care.

Settling is your choice, and it isn’t a penalty: it’s what’s left of the price of the website you keep.

06Stopping before it’s paid off

You can stop any time, for any reason, with no notice period and no fee. WhatsApp us, email us or call, and we cancel your monthly payments with Paystack the same working day and confirm it in writing. You can settle first (section 05) and keep the site.

Your site

Stays live to the end of the month you’ve paid for. Then it comes offline, and it stays ours.

What you owe

Nothing more. The payments you’ve made aren’t refunded: they paid for the building done and the Care you had. But stop before we’ve shown you a first design, and we refund your first payment in full.

What you keep

Your domain, which we hand over so you can point it anywhere, and everything you sent us, which we return if you ask.

The Consumer Protection Act lets you end a fixed-term agreement at any time with 20 business days’ notice, and lets a business charge only a reasonable cancellation penalty. This agreement asks for no notice and charges no penalty at all.

07Care

Care is how we keep looking after your website, so you always have someone to go to with it. It’s in your monthly price while you pay off your site, and it carries on after that until you cancel it.

What’s included

• Hosting on Cloudflare, kept online and secure.
• Your domain, renewed every year.
• Security and software updates.
• Fixes when something stops working.
• Small changes, up to 30 minutes of our time a month.
• A direct line to the two of us on WhatsApp.

Small changes

Changes like new prices or opening hours, a photo swapped or a line of text. Time you don’t use in a month doesn’t carry over.

Quoted first

New pages or sections, new features (bookings, a shop, logins), a redesign, new content to write, photos and logos, ongoing SEO and advertising, email accounts at your domain and other paid services, and putting right changes someone else made to the site. We quote before we start, and never bill without your yes.

Replies

WhatsApp or call us, and we reply within 2 working hours, every day, 08:00–17:00.

The price

In your monthly price for your 12 payments. After that, R150 a month for a Starter site, R200 for Growth and from R250 for Custom, as your quote says.

When the pay-off ends

Care carries on month to month at its own price, charged to the same card. Between 40 and 80 business days before your 12th payment, we remind you in writing that the pay-off is ending, what Care will cost and that you can stop it, as the Consumer Protection Act asks. Tell us before your 12th payment if you’d rather not keep it.

Cancelling Care

After the pay-off, any time, with no notice period and no fee: tell us in writing (a WhatsApp counts). Care ends at the end of the month you’ve paid for, and your card isn’t charged again. Until the site is paid off, Care is part of your monthly price, so stopping it means stopping the plan.

Payments

Months of Care you’ve had aren’t refunded. If a Care payment fails, we tell you and send a link to pay it or update your card; if it’s still unpaid 14 days after its date, we may end Care.

Without Care

Your site stays on Cloudflare’s free hosting, and it’s yours to look after: you renew the domain, and updates and changes are quoted when you want them. We hand over the logins whenever you ask.

Price changes

We may change the Care price with at least 30 days’ notice in writing. If you don’t want the new price, cancel before it starts. Your monthly price doesn’t change during your 12 payments.

08Late payments

Paystack doesn’t try a failed card payment again by itself. If one fails, we tell you and send you a link to pay it or update your card.

14 days late

If a payment is still unpaid 14 days after its date, we may take the site offline until you’re up to date. We tell you before we do.

Still unpaid

If it’s still unpaid 20 business days after we’ve told you in writing that it’s late, we may end this agreement. It then ends as if you’d stopped (section 06).

After the pay-off

The site is yours, so we never take it offline for a late Care payment: Care’s own rule applies (section 07).

09How the build works

Timeline

Most sites are live about 14 days after your first payment, once we have your logo, your photos and the basics about your business. A bigger build gets its timeline in your quote. While we’re waiting on you, the timeline waits too.

Your part

Send us what we ask for, and tell us what to change when we show you the work. What you give us must be true and yours to use: you confirm you have the right to it, and you’re responsible for what your business says on its site, such as its prices and its promises.

The design

We show you the design early, before we build the whole site, and you tell us what to change. Changes to what we’ve shown you are part of the price, as long as they stay within your quote. Something new, like another page, a new feature or a new direction once you’ve approved the design, is quoted first.

Launch

We put the site live when you’re happy with it. If we’ve asked for your go-ahead and haven’t heard from you in 20 working days, we may treat the site as approved.

What we won’t publish

Anything we believe is unlawful. If we find something unlawful on your site, we may take it down and tell you why.

10Personal information

We handle your own personal information as our privacy policy explains.

Your visitors’ details are different. When your site collects them, through an enquiry form for example, you’re the responsible party for them under the Protection of Personal Information Act (POPIA), and we’re your operator. As your operator, we:

• process them only to run your site, and only with your knowledge;
• keep them confidential and secure, and never use them for anything of our own;
• tell you straight away if we have reason to believe someone has got hold of them without permission;
• return them to you or delete them, as you choose, when we stop running your site.

This section is the written contract POPIA asks for between a responsible party and its operator.

11What we’re responsible for

• If anything we built doesn’t work the way your quote says, tell us and we fix it free. If we can’t, we refund a fair part of the price for what doesn’t work.
• We don’t promise a position on Google, a number of visitors or sales. Those depend on your market, your competitors and your reviews as much as on your website.
• Your site runs on services we don’t own, such as Cloudflare, the domain registry, Google and, if your site takes payments, a payment provider. We’re not responsible for their outages or changes, but we’ll help you put things right.
• We’re not responsible for what you ask us to put on your site, or for changes someone other than us makes to it.
• Where the law lets us limit it, the most we’re liable for is what you’ve paid us in the 12 months before the claim, and we’re not liable for indirect loss, such as lost profit. Nothing here limits our liability for gross negligence, or anything else the law doesn’t let us limit.

12The legal bits

Refunds & cooling-off

Our refund and cancellation policy sets out what you can cancel, what you get back and how, including your 7-day cooling-off right under the Electronic Communications and Transactions Act.

If we can’t deliver

If we can’t do the work in your quote, for any reason on our side, we tell you straight away and refund what you’ve paid for work you haven’t received.

A serious breach

Either of us may end this agreement if the other seriously breaks it and doesn’t put it right within 20 business days of being told in writing.

Writing to each other

WhatsApp and email count as writing. We write to the number and the email on your quote, or newer ones you give us. You can reach us on 060 434 2966 or at contact@clevex.co.za, and our address for legal notices is 205 Simon Bekker Avenue, Kosmos, Hartbeespoort, North West, 0261, South Africa.

Disagreements

Talk to us first: most things are sorted in one message. If we can’t agree, you can go to the Consumer Goods and Services Ombud, if the Consumer Protection Act applies to you, or to a South African court.

The law

South African law applies. This agreement adds to your rights under the Consumer Protection Act, the Electronic Communications and Transactions Act and POPIA. It never takes them away.

Changes

We may update this agreement for new clients. The version on the day of your first monthly payment is yours, unless you agree to a newer one. Ask us and we’ll send it to you.