Once-off 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 the deposit or the whole price 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.

• 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

Starter

R5 500: R2 750 to start and R2 750 at launch.

Growth

R8 500: R4 250 to start and R4 250 at launch.

Custom

From R14 000, as your quote says: half to start and half at launch.

• Half to start, or all of it. Your quote’s link lets you pay the deposit, usually half the price, or the whole price. Your first payment starts the work.
• The balance at launch. When your site is ready and you’ve approved it, we ask for the balance on the same link.
• How you pay. By card, Instant EFT, Capitec Pay or Apple Pay, whichever your link offers, through Paystack. You type your details on Paystack’s secure page, never on ours, and we never see them.
• Running costs. We host the site free on Cloudflare, so the domain, about R100–R200 a year for a .co.za, is your only running cost. A custom build with a backend, such as an online store or customer logins, can need paid hosting: we quote it with the build.
• A fixed price. Anything beyond your quote is quoted first, and only goes ahead once you’ve said yes.
• 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.

04How 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.

05Launch and hand-over

When your site is ready and you’ve approved it, the balance is due. Once it’s paid, we put the site live on your domain, if it isn’t already, and hand over the site, your domain and the logins to everything that runs it.

If you decide not to go ahead at that point, you don’t pay the balance: we keep the deposit for the work done, and the site isn’t handed over.

06Who owns what

Your website

Once your quote is paid in full, it’s yours: its design, its code and the words and graphics we created for it. Until then it’s ours.

Your domain

Always yours. We register a new domain in your name, or your business’s, and hand it over at launch for you to renew, or we renew it with Care. 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.

07After launch: Care

Whether or not you take Care, if anything we built doesn’t work the way your quote says, tell us and we fix it free.

Care is optional. It’s how we keep looking after your website after launch, so you always have someone to go to with it, for a monthly price.

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

R150 a month for a Starter site, R200 for Growth and from R250 for Custom, as your quote says.

Starting Care

Ask us whenever you like. We send you a link where you pay the first month by card, and Paystack charges the same card each month on the same date. Paying it accepts these Care terms, which our pay-monthly agreement also carries.

Cancelling Care

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.

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.

08Cancelling and refunds

You can cancel at any time. What you get back depends on how far the work has gone. Your first design is the first time we show you how your site will look, usually a few days after we start.

Before your first design

Cancel for any reason and we refund everything you’ve paid.

After your first design, before launch

We keep the deposit (half the price) for the design and building done, and you owe nothing more. If you paid the full price upfront, we refund the other half.

At launch

The balance is due before we hand over the site, the domain and the logins. If you decide not to go ahead, you don’t pay it, and we keep the deposit.

After launch

The site is built and handed over, so the price isn’t refundable. 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.

Money we’ve paid to others for your project with your go-ahead, such as a domain registration, isn’t refundable, but what we bought is yours. Our refund and cancellation policy sets out how refunds are paid.

09Personal 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.

10What 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.

11The 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 payment is yours, unless you agree to a newer one. Ask us and we’ll send it to you.