Terms of Service

Who these terms are between

These terms govern your use of cloudia.co.za and any request you make through it. "We", "us" and "CloudIA" mean the company below. "You" means you, and — if you are acting for a business — that business, which you confirm you are authorised to bind.

CloudIA is a trading name of [REGISTERED ENTITY NAME] (Pty) Ltd, registration number [COMPANY REGISTRATION NUMBER].
[REGISTERED PHYSICAL ADDRESS], Johannesburg, South Africa
hello@cloudia.co.za · +27 11 219 5033 ext. 6209

Using this site means you accept these terms. If you do not, please stop using the site.

What this website is

An account of what we do and what we have done. We work to keep it accurate, but it is marketing material, not advice on your situation. Nothing here is legal, financial, tax or professional advice, and nothing on this site creates a client relationship on its own.

The site is provided as it is. We do not warrant that it will be uninterrupted, error-free, or that any figure quoted will still be current when you read it.

The free systems audit

The audit is exactly what we say it is, and nothing more.

• It is free, and it carries no obligation. You are not agreeing to buy anything by requesting one.
• You keep the findings either way. The written findings document is yours to use, act on, ignore, or hand to another supplier. We do not claw it back and we do not condition it on a purchase.
• It is an opinion, not a guarantee. It reflects our judgement of what we could see, from what you gave us access to, on the day we looked. Acting on it is your decision and your risk.
• It is not a security audit, a legal compliance review, or a financial audit, and must not be relied on as one.
• We may decline. We do not take on every request — see who we are not for. Requesting an audit does not entitle you to receive one.

Engagements

Paid work is governed by a separate written agreement — a proposal, statement of work or services agreement signed by both sides. That document sets the scope, deliverables, success metrics, timelines and fees.

Where that agreement and these terms conflict, the signed agreement wins for the work it covers. These terms fill the gaps it does not address.

Work outside an agreed scope is a change, not an assumption. It gets written down and agreed before it starts.

Fees and payment

Fees, invoicing schedule and payment terms are set in the signed agreement. Unless it says otherwise: invoices are payable within 30 days of the invoice date, amounts are in South African rand and exclude VAT where applicable, and we may pause work on materially overdue accounts after giving you written notice and a reasonable chance to settle.

Third-party costs — advertising spend, software licences, hosting, API usage — are yours, billed to your own accounts in your own name wherever possible.

What you own, and what we keep

Ownership is settled at the start rather than negotiated at the exit.

Yours. Accounts, data, workflow logic, configurations and documentation produced for you under an engagement are yours, held in your name. Ownership of deliverables passes to you on full payment for the work that produced them. Handover is part of delivery, not a separate transaction.

Ours. Everything we brought with us stays ours: our methods, internal tooling, frameworks, templates, know-how, the eShopeo platform, and this site's content, design and brand assets. Where a deliverable of yours contains something of ours, you get a perpetual, non-exclusive, royalty-free licence to use it for your own business purposes — enough to run, modify and maintain what we built without needing us.

Neither of us gets a monopoly on experience. We remain free to use the general skills and knowledge gained doing your work, provided we disclose nothing confidential and reuse nothing you own.

What you are responsible for

• Giving us accurate information, and telling us when it changes.
• Providing the access we need, and having the right to grant it.
• Holding the licences, consents and permissions required for the platforms and data involved — including a lawful basis for any personal information you put in our hands.
• Reviewing and approving what needs your approval, in reasonable time.
• Using what we build lawfully, and within the terms of the platforms it runs on.

You may not use this site to break the law, to attack or overload our infrastructure, to scrape it at volume, or to misrepresent your identity.

Confidentiality

Each side will keep the other's non-public information confidential, use it only for the engagement, and protect it at least as carefully as its own. This does not cover information that is already public, was already known without obligation, is independently developed, or must be disclosed by law — and in that last case, the disclosing side gets notice where giving notice is lawful.

These obligations survive the end of the engagement.

We name clients and publish results only with permission. Where permission is not given, work is described anonymously or not at all.

Results, and what we do not promise

Case studies on this site report measured outcomes against recorded baselines for specific clients in specific conditions. They are history, not a forecast. Your market, product, margins, competition and starting point differ, and so will your results.

We do not guarantee any particular revenue, ranking, conversion rate, traffic level, cost per acquisition or return on spend. Any projection we give is an estimate, labelled as one, and is not a contractual commitment. What we do commit to is the work described in the signed agreement, and to reporting honestly on it — including the tests that failed.

Third-party platforms

Our work runs on platforms we do not control — search engines, advertising networks, store platforms, AI providers, messaging services and hosting. Their terms, pricing, policies, algorithms and availability are theirs to change, and they do, sometimes without notice and sometimes in ways that undo work that was correct when it was done.

We are not responsible for those changes, for a platform suspending or restricting your account, or for a third party's outage. We are responsible for telling you promptly and proposing what to do next.

Links from this site to other sites are for convenience. We do not control them and do not endorse their content.

Limitation of liability

Nothing in these terms excludes liability that cannot lawfully be excluded — including for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any right you have under the Consumer Protection Act 68 of 2008 where it applies to you.

Subject to that, and to the fullest extent South African law allows:

• Neither side is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or loss or corruption of data, however it arises.
• Our total liability arising out of or in connection with an engagement is limited to the fees you paid us for that engagement in the 12 months before the event giving rise to the claim.
• Our total liability in connection with this website, where you are not a paying client, is limited to R1 000.

Each side must tell the other of a claim within a reasonable time of becoming aware of it, and give a fair chance to fix the problem before escalating.

Ending an engagement

Termination rights and notice periods are set in the signed agreement. Unless it says otherwise, either side may end an engagement on 30 days' written notice, or immediately if the other commits a material breach and fails to remedy it within 14 days of being asked to in writing.

On termination you pay for work performed and costs committed up to that date, and we hand over the deliverables you have paid for, together with access, credentials and documentation. Handover is not conditional on anything except payment for the work itself.

Governing law

These terms are governed by the laws of the Republic of South Africa. The courts of South Africa have jurisdiction over any dispute arising from them. Before going to court, both sides agree to attempt to resolve the dispute in good faith by discussion between people with authority to settle it.

The rest

Changes. We may update these terms. The effective date at the top reflects the current version, and continuing to use the site after a change means accepting it. Terms in a signed agreement do not change without both sides agreeing in writing.

Severability. If any provision is found unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force.

No waiver. Not enforcing a right on one occasion does not waive it on another.

Assignment. Neither side may assign the agreement without the other's written consent, except to a successor of substantially the whole business.

Questions. hello@cloudia.co.za.