Terms of Service
Clever Assets (Pty) Ltd
Last Updated: January 2025
Introduction
These Terms of Service ("Terms") govern your access to and use of the website, platform, and services provided by Clever Assets (Pty) Ltd ("Clever Assets", "we", "us", or "our").
By accessing our website (www.cleverassets.co.za) or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Definitions
• "Services": All consulting services, software platforms, tools, and related offerings provided by Clever Assets
• "Platform": The Clever Assets software application and associated features
• "Customer" or "You": Any individual or entity that accesses our website or uses our Services
• "Content": All text, graphics, data, software, and other materials available through our Services
• "User Data": Information, data, and content that you upload, submit, or generate through the Platform
Services Description
Clever Assets provides:
• Consulting Services: Business consulting, automation strategy, process optimisation, and implementation support
• Software Platform: Cloud-based tools for asset management, property management, workflow automation, and business operations
• Training and Support: Onboarding, training sessions, and ongoing customer support
Account Registration
Account Creation
To access certain features of our Platform, you may need to create an account. You agree to:
• Provide accurate, current, and complete information
• Maintain the security of your password and account credentials
• Promptly update any information to keep it accurate
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised use
Account Termination
We reserve the right to suspend or terminate your account if you:
• Violate these Terms or any applicable laws
• Provide false or misleading information
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
Consulting Services
Engagement
Consulting engagements are subject to separate statements of work or proposals that outline specific scope, deliverables, timelines, and fees.
Client Responsibilities
You agree to:
• Provide timely access to necessary information, systems, and personnel
• Review and provide feedback on deliverables within agreed timeframes
• Ensure appropriate internal resources are available for implementation
Deliverables
Unless otherwise agreed in writing, all deliverables are provided for your internal business use only. You may not resell, redistribute, or share consulting deliverables with third parties.
Software Platform Terms
License Grant
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for your internal business purposes.
Restrictions
You agree not to:
• Copy, modify, or create derivative works of the Platform
• Reverse engineer, disassemble, or decompile any part of the Platform
• Rent, lease, sell, or sublicense access to the Platform
• Use the Platform to develop a competing product or service
• Interfere with or disrupt the integrity or performance of the Platform
• Attempt to gain unauthorised access to systems or networks
• Upload malicious code, viruses, or harmful content
• Use the Platform for any unlawful purpose
Your Data
You retain ownership of your User Data. By using the Platform, you grant us a licence to host, store, process, and display your User Data solely to provide the Services to you.
You are responsible for:
• The accuracy and legality of your User Data
• Obtaining necessary consents for any personal information you upload
• Maintaining backups of your critical data
Payment Terms
Fees
Fees for Services are specified in your service agreement, proposal, or subscription plan. All prices are quoted in South African Rand (ZAR) unless otherwise stated.
Payment
• Payment terms are as specified in your invoice or agreement
• Late payments may incur interest at the maximum rate permitted by law
• We reserve the right to suspend Services for overdue accounts
Taxes
Fees are exclusive of VAT and other applicable taxes unless stated otherwise. You are responsible for all applicable taxes.
Refunds
Refund policies are specified in individual service agreements. Platform subscription fees are generally non-refundable except as required by law.
Intellectual Property
Our Intellectual Property
All intellectual property rights in the Platform, website, and our proprietary content remain with Clever Assets. This includes but is not limited to:
• Software code and architecture
• User interface designs
• Documentation and training materials
• Trademarks, logos, and brand elements
• Methodologies and frameworks
Feedback
If you provide suggestions, ideas, or feedback about our Services, we may use this without any obligation to compensate you.
Confidentiality
Confidential Information
Both parties agree to protect confidential information disclosed during the engagement. Confidential information includes business strategies, technical data, customer information, and pricing details.
Exceptions
Confidentiality obligations do not apply to information that:
• Is publicly available through no fault of the receiving party
• Was known to the receiving party before disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law
. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
We specifically disclaim:
• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding uninterrupted or error-free service
• Warranties that defects will be corrected
• Warranties regarding security or data integrity
WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES, REVENUE INCREASES, TIME SAVINGS, OR RETURN ON INVESTMENT.
. Limitation of Liability
Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEVER ASSETS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption
• Cost of substitute services
Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
. Indemnification
You agree to indemnify and hold harmless Clever Assets and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Data
. Term and Termination
Term
These Terms remain in effect while you use our Services. Subscription terms are specified in your service agreement.
Termination
Either party may terminate:
• Subscription services as per the terms of your service agreement
• For material breach that remains uncured for 30 days after written notice
Effect of Termination
Upon termination:
• Your access to the Platform will be revoked
• You must pay all outstanding fees
• We will provide reasonable opportunity to export your data
• Provisions that by their nature should survive will continue in effect
. General Provisions
Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.
Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Clever Assets.
Amendments
We may modify these Terms at any time. Material changes will be communicated via email or through the Platform. Continued use after changes constitutes acceptance.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Assignment
You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure
Neither party shall be liable for delays caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or government actions.
. Contact Us
For questions about these Terms, please contact us:
Clever Assets (Pty) Ltd
Registration Number: 2025/605250/07
Email: legal@cleverassets.co.za
Website: www.cleverassets.co.za