Terms and Conditions

1. The Parties agree to contract on the terms and conditions set out below:
2. The Parties:

2.1 “Clicks Count” means Kate Maclaurin T/A Clicks Count, a sole proprietorship.

2.2 “Client” means the client of Clicks Count.

1. Clicks Count carries on business as a web developer and provider of website hosting services.
2. On request, Clicks Count will provide all potential Clients with a written quotation detailing its Scope of Works for a Client Project, prior to the commencement of any work. In the quotation, Clicks Count will provide a total fee (“the Total Project Cost”) for each Client Project.
3. On acceptance of the quotation by the Client, Clicks Count will provide the Client with an invoice for a deposit sum equal to 70% (“the Client Deposit”) of the Total Project Cost, which invoice is payable on presentation.
4. Clicks Count will only commence work after receipt of the Client Deposit payment and the Client, by making payment of the Client Deposit confirms (i) the accuracy of the Scope of Works as set out in the quotation and (ii) its acceptance of these terms and conditions.
5. Upon completion of the Client Project, Clicks Count will provide a final invoice which is payable on presentation and before the project goes live. Clicks Count reserves the right to charge interest on all outstanding amounts at the rate of 15.5% per annum.
6. In the event that the Client, for whatever reason, elects to vary the Scope of Works, after payment of the Client Deposit - Clicks Count reserves the right to charge for additional work carried out at an hourly rate of R820 per hour (ex VAT). Should the Client require urgent changes to be undertaken or requires work to be undertaken after normal office hours (after 17.00 or on weekends), Clicks Count, in its sole discretion reserves the right to charge the Client at a higher hourly rate.
7. In the event of Clicks Count carrying out any additional work as a result of a variation to the Scope of Works, the Total Client Project Cost will be increased accordingly and a final invoice will serve as prima facie proof of the amount due, owing and payable by the Client.
8. Clicks Count reserves the right to send the Client interim invoices for work carried out but before the completion of the agreed Scope of Works.
9. The Client chooses his/her residential address (in the case of individual Clients) and its principal business address (in the case of corporate Clients) as their domicilium citandi et executandi address.
10. Invoices for hosting services are sent out annually, at the beginning of each January and are payable in full on or before 28 January. Failure to pay timeously as aforesaid will result in a termination of hosting services, in which event customer websites may be turned off. This will impact both website and email functionality. In such an event Clicks Count reserves the right to charge a R1000 (ex VAT) reconnection fee. Websites will have the functionality restored on receipt of outstanding hosting fees and the reconnection fee, as the case may be.
11. These terms and conditions constitute the entire agreement between Clicks Count and the Client and no variation thereto will be of any force or effect unless reduced to writing and signed by both parties.
12. Clicks Count reserves the right to suspend all work, withhold deliverables, and/or disable any website, hosting or related services in the event that the Client’s account is not paid in full or is in arrears, until such time as payment has been received in full.
13. No work will be commenced or continued by Clicks Count unless the Client’s account is up to date and all required upfront payments have been received.
14. Unless otherwise agreed in writing, monthly services, including but not limited to maintenance, support and hosting, are payable in advance. Failure to make payment timeously may result in suspension of such services.
15. Each Client Project includes a maximum of two (2) rounds of revisions. Any additional revisions or changes requested thereafter will be treated as additional work and billed at Clicks Count’s standard hourly rate.
16. Any work requested by the Client after approval of completed work, or outside of the agreed Scope of Works, shall be deemed additional work and charged accordingly.
17. The Client agrees to provide all required content, information, approvals and feedback timeously. Clicks Count shall not be responsible for any delays caused by the Client’s failure to do so.
18. The Client shall nominate a single point of contact authorised to provide instructions and approvals. Clicks Count shall not be responsible for conflicting instructions received from multiple representatives of the Client.
19. All instructions, approvals and project-related communication must be confirmed in writing. Clicks Count shall not be liable for any errors or misunderstandings arising from verbal or informal communication.
20. Standard turnaround times shall apply to all work. Urgent work requests may, at the sole discretion of Clicks Count, be accommodated and may be subject to additional charges and upfront payment.
21. Clicks Count shall not be liable for any delays in project completion arising from circumstances beyond its control, including but not limited to delays in client feedback, third-party service providers, or technical issues.
22. All work, designs, and materials produced by Clicks Count shall remain its property until full payment has been received. Upon receipt of full payment, ownership of the final deliverables shall pass to the Client, excluding any third-party software, plugins or licenses.
23. Clicks Count shall not be liable for any loss of data, loss of income, or any indirect or consequential damages arising from the use of its services, including but not limited to website downtime, third-party failures, or security breaches beyond its control.