Terms of Use

These Terms and Conditions govern the relationship between Cloudwow (Pty) Ltd t/a CloudwowX, including any CloudwowX-branded or CloudwowX-related services, platforms, products, systems, automations, AI tools, workflows, software, support, or digital services, and any person, business, company, organisation, representative, account holder, or user who purchases, subscribes to, accesses, uses, or receives any services from CloudwowX or CloudwowX.

CloudwowX is operated by Cloudwow (Pty) Ltd t/a CloudwowX, a private company registered in the Republic of South Africa with registration number 2018/547198/07.

CloudwowX is not VAT registered as at the Effective Date of these Terms.

By accepting a quotation, signing up, making payment, completing an order form, approving work, accessing our platforms, joining our communication channels, requesting services, using our services, communicating with us via WhatsApp, email, telephone, website, social media, or any other channel, you agree to be bound by these Terms and Conditions.

If you do not agree to these Terms and Conditions, you must not use our services.

1. BUSINESS DETAILS

1.1 The service provider is:

Business Name: CloudwowX
Legal Entity: Cloudwow (Pty) Ltd t/a CloudwowX
Company Registration Number: 2018/547198/07
VAT Status: Not VAT registered
Website: cloudwowx.com
Email: support@cloudwowx.com
Phone / WhatsApp: +27 65 504 8905
Business Address: 62 President Steyn, Bloemfontein, South Africa

1.2 CloudwowX may also receive, process, administer, facilitate, or collect certain payments through related or third-party payment channels, including but not limited to:

a. STRESO GROUP LIMITED, company number 15560867;
b. Stripe;
c. PayFast;
d. EFT;
e. bank transfer;
f. debit order;
g. card payment;
h. online checkout;
i. other approved payment providers or payment processors.

1.3 Unless expressly stated otherwise in writing, the service provider remains Cloudwow (Pty) Ltd t/a CloudwowX, even where payment is made through STRESO GROUP LIMITED, Stripe, PayFast, EFT, bank transfer, card payment, or another payment channel.

2. DEFINITIONS

2.1 In these Terms and Conditions, unless the context indicates otherwise:

“CloudwowX”, “CloudwowX”, “we”, “us”, or “our” means Cloudwow (Pty) Ltd t/a CloudwowX, registration number 2018/547198/07, including its owners, directors, employees, contractors, representatives, agents, suppliers, technology providers, hosting providers, service providers, business partners, associated entities, and any CloudwowX-branded or CloudwowX-related product, service, platform, workflow, software, automation, AI tool, or system operated, supplied, licensed, configured, supported, resold, hosted, or administered by CloudwowX.

“STRESO GROUP LIMITED” means STRESO GROUP LIMITED, company number 15560867, which may act as a related payment collection, billing, payment administration, payment facilitation, or Stripe-connected entity for certain CloudwowX payments.

“CloudwowX” means any CloudwowX-branded or CloudwowX-related service, product, platform, portal, dashboard, system, software, AI agent, AI tool, chatbot, workflow, automation, integration, communication channel, data-processing environment, managed service, support service, or related digital service operated, supplied, licensed, configured, hosted, administered, maintained, resold, or supported by CloudwowX, whether provided as a standalone service or as part of another CloudwowX service.

“Calendar Month Notice” means three (3) full calendar months’ written notice, calculated from the first day of the calendar month after CloudwowX receives and verifies a valid cancellation request, unless CloudwowX expressly agrees in writing to an earlier effective date. For example, a valid cancellation notice received and verified on 10 January will ordinarily make the cancellation effective on 30 April, after February, March, and April have run as three full calendar months.

“Notice Period Fees” means all fees, subscription fees, licence fees, hosting fees, maintenance fees, platform fees, usage fees, minimum commitments, third-party pass-through costs, payment-provider costs, reserved-capacity costs, support allocation, and other recurring amounts payable during any applicable cancellation notice period.

“Business Client” means any Client that contracts, purchases, subscribes, uses, or receives the Services mainly for business, trade, professional, commercial, organisational, governmental, non-profit, or income-generating purposes, including a company, close corporation, trust, partnership, association, sole proprietor, professional practice, juristic person, or representative acting for such entity, to the extent permitted by applicable law.

“Protected Parties” means CloudwowX, CloudwowX, Cloudwow (Pty) Ltd, STRESO GROUP LIMITED, their directors, shareholders, employees, contractors, representatives, agents, payment processors, payment facilitators, hosting providers, technology providers, service providers, suppliers, business partners, licensors, resellers, developers, consultants, and associated entities.

“Client”, “you”, or “your” means the person, company, business, organisation, representative, account holder, or user purchasing, accessing, subscribing to, paying for, or using any CloudwowX service.

“Agreement” means these Terms and Conditions together with any quotation, invoice, proposal, service order, onboarding form, payment instruction, subscription plan, service description, written instruction, checkout page, online form, WhatsApp confirmation, email confirmation, or other agreement accepted by the Client.

“Services” means any services offered, provided, arranged, configured, developed, hosted, supported, managed, or supplied by CloudwowX or CloudwowX, including but not limited to website design, website development, website hosting, website maintenance, landing pages, funnels, CRM setup, automation, WhatsApp automation, AI agents, AI tools, AI chatbots, CloudwowX systems, CloudwowX workflows, marketing services, email campaigns, SMS campaigns, social media services, integrations, business systems, subscriptions, technical support, consulting, training, custom development, software configuration, and related digital services.

“Subscription Services” means recurring services billed weekly, monthly, annually, or according to another recurring payment schedule.

“Project Services” means once-off or fixed-scope services such as website creation, landing page creation, custom development, setup, migration, onboarding, implementation, configuration, or consulting.

“Third-Party Services” means external services, platforms, providers, APIs, plugins, software, hosting providers, payment gateways, messaging platforms, AI providers, domain registrars, advertising platforms, analytics providers, CRM platforms, email providers, SMS providers, social media platforms, banks, card networks, and other third parties used to deliver, support, fund, process, collect, or integrate with the Services.

“Content” means all text, images, logos, designs, videos, files, audio, data, customer lists, lead lists, information, campaign material, website copy, product information, business information, login credentials, media, and other material provided by or on behalf of the Client.

“Personal Information” has the meaning given to it under applicable South African data protection legislation, including the Protection of Personal Information Act, 4 of 2013.

“Business Day” means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.

3. ACCEPTANCE OF TERMS

3.1 These Terms and Conditions become binding when the Client:

a. accepts a quotation or proposal;
b. makes payment;
c. pays via STRESO GROUP LIMITED, Stripe, PayFast, EFT, bank transfer, debit order, card payment, online checkout, or any other payment method;
d. registers for a service;
e. signs up for a subscription;
f. gives verbal, written, WhatsApp, email, online, or electronic approval;
g. accesses or uses any CloudwowX service;
h. provides information for onboarding;
i. logs into any system provided by CloudwowX;
j. instructs CloudwowX to begin work; or
k. otherwise receives the benefit of any CloudwowX service.

3.2 Electronic acceptance, WhatsApp confirmation, email approval, payment, checkout completion, online acceptance, platform usage, or continued use of the Services shall be treated as valid acceptance of these Terms and Conditions.

3.3 Payment through STRESO GROUP LIMITED, Stripe, PayFast, EFT, bank transfer, card payment, debit order, or any other approved payment method constitutes acceptance of these Terms and Conditions.

3.4 The person accepting these Terms and Conditions confirms that they have authority to bind the Client.

3.5 If a person accepts these Terms and Conditions on behalf of a company, organisation, trust, partnership, or other entity, that person warrants that they are authorised to do so.

3A. IMPORTANT RISK TERMS AND CLIENT ACKNOWLEDGEMENT

3A.1 The Client acknowledges that these Terms contain important provisions that may limit the Client’s rights or remedies, impose payment obligations, impose cancellation obligations, allocate risk to the Client, require indemnities in favour of CloudwowX, CloudwowX, STRESO GROUP LIMITED, and the Protected Parties, and limit the liability of CloudwowX and the Protected Parties.

3A.2 In particular, the Client’s attention is drawn to the clauses dealing with minimum subscription periods, three-calendar-month cancellation notice for Business Clients, non-refundable fees, failed payments, chargebacks, suspension, termination, third-party services, AI outputs, CloudwowX and regulated-use restrictions, data responsibility, indemnities, limitation of liability, legal costs, and consumer-law carve-outs.

3A.3 By accepting these Terms, paying an invoice, approving a quotation, signing up, using the Services, or continuing to receive the Services, the Client confirms that these provisions have been brought to the Client’s attention in a clear and understandable manner and that the Client accepts responsibility for the obligations and risks allocated to the Client, to the maximum extent permitted by law.

3A.4 If the Client does not agree to these important risk terms, the Client must not accept the quotation, must not make payment, and must not use the Services.

4. SERVICES PROVIDED

4.1 CloudwowX may provide digital, technical, website, software, AI, automation, hosting, marketing, and subscription-based services.

4.2 Services may include, but are not limited to:

a. website design and development;
b. website hosting and maintenance;
c. landing pages and sales funnels;
d. domain registration assistance and DNS configuration;
e. CRM setup and configuration;
f. WhatsApp Business setup, WhatsApp groups, integrations, broadcasts, and automations;
g. email and SMS marketing;
h. AI agents, AI chatbots, and AI workflow automations;
i. CloudwowX platforms, CloudwowX automations, CloudwowX dashboards, CloudwowX AI agents, CloudwowX communication tools, CloudwowX workflows, and CloudwowX-related managed services;
j. social media marketing and advertising support;
k. lead generation systems;
l. payment integration using Stripe, PayFast, EFT, card payments, or other payment gateways;
m. analytics, tracking, forms, and integrations;
n. custom workflows, scripts, bots, dashboards, and automation tools;
o. support, consulting, onboarding, and training;
p. software-as-a-service or platform-related services;
q. digital strategy, content, and campaign support.

4.3 CloudwowX may refuse, suspend, or terminate any service where the Client’s business, content, conduct, intended use, payment activity, customer activity, or marketing activity is unlawful, harmful, abusive, fraudulent, misleading, reputationally damaging, technically risky, in breach of third-party platform rules, or unsuitable for CloudwowX.

5. QUOTATIONS, PROPOSALS, AND SCOPE OF WORK

5.1 Any quotation, proposal, invoice, or service description provided by CloudwowX is valid only for the period stated in that document. If no period is stated, it is valid for seven (7) calendar days.

5.2 The scope of work is limited to what is expressly stated in the accepted quotation, proposal, invoice, service order, checkout page, onboarding form, or written agreement.

5.3 Any additional features, pages, revisions, integrations, automations, campaigns, copywriting, design changes, meetings, support, training, emergency work, or technical work not included in the original scope may be charged separately.

5.4 CloudwowX may require payment before starting work.

5.5 Any estimated timelines are estimates only and may be affected by Client cooperation, Client delays, availability of information, third-party platforms, approvals, access credentials, technical requirements, payment, revisions, and other dependencies.

5.6 A delay caused by the Client does not entitle the Client to a refund, discount, cancellation without consequence, or refusal to pay amounts due.

6. WEBSITE CREATION AND DEVELOPMENT

6.1 CloudwowX may create websites, landing pages, funnels, online forms, payment pages, booking pages, e-commerce pages, and related digital assets.

6.2 The Client is responsible for providing all required website content, including but not limited to:

a. company information;
b. service descriptions;
c. product information;
d. prices;
e. legal policies;
f. images;
g. logos;
h. videos;
i. brand guidelines;
j. contact details;
k. business registration details;
l. tax information;
m. payment information;
n. required disclosures;
o. terms of sale;
p. privacy notices;
q. refund and cancellation information.

6.3 CloudwowX is not responsible for delays caused by the Client failing to provide information, approvals, access, feedback, content, instructions, or payment.

6.4 Unless otherwise agreed in writing, website copywriting, stock images, professional photography, logo design, brand identity, product photography, legal policies, compliance documents, privacy policies, PAIA manuals, refund policies, cookie policies, and custom content are not included.

6.5 CloudwowX may use templates, themes, page builders, plugins, frameworks, AI tools, stock elements, open-source tools, licensed tools, and third-party software in the creation of websites.

6.6 The Client acknowledges that websites may depend on third-party plugins, hosting providers, APIs, software updates, browser compatibility, payment gateways, platform rules, and external systems beyond CloudwowX’s control.

6.7 CloudwowX does not guarantee that any website will be error-free, uninterrupted, immune to hacking, immune to downtime, compatible with all future technologies, achieve specific search rankings, generate specific sales, generate specific leads, or produce any specific business result.

6.8 Unless otherwise agreed in writing, a website or project will be deemed accepted when:

a. the Client approves it;
b. the website is launched;
c. the Client uses the website publicly;
d. the Client asks CloudwowX to make the website live;
e. the Client fails to provide feedback within seven (7) calendar days after delivery for review; or
f. fourteen (14) calendar days pass after substantial completion.

6.9 After acceptance, any further changes may be treated as additional work and billed separately.

7. WEBSITE REVISIONS

7.1 The number of included revisions shall be stated in the quotation, invoice, checkout page, proposal, or service description.

7.2 If no revision limit is stated, one (1) round of reasonable revisions is included.

7.3 Revisions must relate to the original agreed scope and may not include:

a. a full redesign;
b. a new design direction;
c. new features;
d. new pages;
e. new integrations;
f. new copywriting;
g. new strategy;
h. new branding;
i. changes caused by Client-supplied errors;
j. changes caused by third-party platform updates;
k. changes requested after acceptance or launch.

7.4 Additional revisions may be charged at CloudwowX’s standard hourly, daily, monthly, or project rate.

8. WEBSITE HOSTING AND MAINTENANCE

8.1 Hosting services may be provided directly by CloudwowX or through third-party hosting providers.

8.2 Hosting is provided subject to fair use, technical limitations, third-party provider availability, acceptable use policies, and platform rules.

8.3 CloudwowX does not guarantee uninterrupted hosting availability.

8.4 Hosting may be affected by:

a. server outages;
b. maintenance;
c. cyberattacks;
d. malware;
e. domain issues;
f. DNS issues;
g. load shedding;
h. network interruptions;
i. third-party provider failures;
j. plugin conflicts;
k. software updates;
l. API failures;
m. force majeure events.

8.5 CloudwowX shall not be liable for loss of revenue, loss of leads, loss of profits, loss of data, loss of business, reputational harm, advertising loss, or indirect damages caused by hosting interruptions or website downtime.

8.6 The Client is responsible for maintaining their own independent backups unless a backup service is expressly included in their package.

8.7 CloudwowX may suspend hosting if fees are unpaid, the website creates security risks, the Client breaches these Terms, or the website violates applicable laws, acceptable use rules, or third-party platform rules.

8.8 If hosting is suspended or terminated, CloudwowX is not responsible for resulting downtime, loss of emails, website unavailability, campaign interruptions, or loss of business.

9. DOMAINS

9.1 CloudwowX may assist with domain registration, renewal, transfer, DNS setup, and domain management.

9.2 Domain registration and renewal are subject to the rules of the relevant registrar and registry.

9.3 CloudwowX cannot guarantee that a domain name will be available, approved, renewed, transferred, or retained.

9.4 Domain fees are non-refundable once paid to a registrar or third-party provider.

9.5 The Client is responsible for ensuring that domain names do not infringe trademarks, company names, brand rights, or third-party rights.

9.6 If the Client fails to pay renewal fees on time, the domain may expire, be suspended, be deleted, enter redemption, attract additional recovery fees, or be purchased by another party. CloudwowX shall not be liable for such loss.

9.7 CloudwowX may refuse to transfer, release, or assist with a domain while lawful amounts remain unpaid, to the extent permitted by law.

10. SUBSCRIPTION SERVICES

10.1 Subscription Services are recurring services that continue until cancelled strictly in accordance with these Terms.

10.2 Unless otherwise expressly agreed in writing, all Subscription Services are subject to a minimum initial subscription period of three (3) calendar months from the activation date, onboarding date, first invoice date, first payment date, or service commencement date, whichever occurs first.

10.3 Subscription fees, licence fees, hosting fees, platform fees, maintenance fees, support fees, usage fees, and other recurring fees are payable in advance and are not reduced merely because the Client does not use the Services, delays onboarding, fails to provide information, refuses access, fails to approve work, does not log in, or receives reduced benefit due to the Client’s own delay, non-cooperation, or breach.

10.4 After the minimum initial subscription period, the subscription shall continue on a rolling month-to-month basis, but for Business Clients and all Clients to whom mandatory consumer cancellation rights do not apply, the subscription may be cancelled only by giving Calendar Month Notice.

10.5 The Client authorises CloudwowX, CloudwowX, STRESO GROUP LIMITED, Stripe, PayFast, banks, card networks, debit order providers, and other payment providers to charge recurring fees, retries, arrears, Notice Period Fees, cancellation charges, reactivation fees, chargeback costs, and authorised amounts according to the agreed billing cycle and these Terms.

10.6 The Client is responsible for ensuring that payment details remain valid and that sufficient funds are available. A failed, blocked, reversed, disputed, cancelled, expired, or replaced payment method does not cancel the subscription and does not suspend the Client’s payment obligations.

10.7 Failure to use the Services does not cancel the subscription and does not remove the obligation to pay.

10.8 Subscription pricing may include access to systems, support allocation, hosting, licensing, configuration, maintenance, automation, AI usage, reserved capacity, updates, account management, third-party costs, and other recurring service components.

10.9 Subscription Services reserve operational capacity, technical resources, platform access, licence allocation, account management, support availability, hosting capacity, third-party services, and business resources for the Client. The Client acknowledges that early cancellation or short notice can cause loss, disruption, unrecovered setup costs, unrecovered third-party costs, and operational prejudice to CloudwowX.

10.10 A subscription may include multiple bundled elements. Cancellation of one element does not automatically cancel the full subscription or reduce the full subscription fee unless CloudwowX agrees in writing.

10.11 No employee, contractor, support agent, sales representative, WhatsApp group admin, or informal communication may waive the minimum subscription period, Calendar Month Notice, Notice Period Fees, arrears, or cancellation conditions unless expressly confirmed in writing by CloudwowX management.

11. CANCELLATION OF SUBSCRIPTIONS

11.1 Cancellation must be requested in writing by email to support@cloudwowx.com or through another written channel expressly approved by CloudwowX for cancellations. A verbal request, missed payment, chargeback, blocked card, ignored invoice, deleted account, removal of access, leaving a WhatsApp group, stopping communication, or non-use of the Services is not a valid cancellation.

11.2 For Business Clients, and for all Clients to whom mandatory statutory consumer cancellation rights do not apply, the Client must provide at least three (3) full calendar months’ written notice of cancellation. This is the Calendar Month Notice requirement.

11.3 Calendar Month Notice begins only once CloudwowX receives and verifies a valid cancellation request from an authorised person. Unless CloudwowX agrees otherwise in writing, the notice period starts on the first day of the calendar month after the valid cancellation request is received and verified.

11.4 The subscription remains active, billable, and payable during the full Calendar Month Notice period, whether or not the Client uses the Services. The Client must pay all Notice Period Fees, arrears, third-party costs, usage charges, licence costs, platform costs, payment-provider fees, and other amounts due during the notice period.

11.5 CloudwowX may, at its discretion, require the Client to pay all Notice Period Fees and outstanding amounts upfront before processing cancellation, releasing deliverables, exporting data, transferring domains, closing accounts, or assisting with migration, to the extent permitted by law.

11.6 If the Client requests immediate cancellation, early termination, suspension during the notice period, or cancellation before the end of the minimum initial subscription period, CloudwowX may charge, invoice, deduct, or recover, to the maximum extent permitted by law:

a. all amounts already due;
b. all Notice Period Fees;
c. fees for services already provided, activated, configured, reserved, or made available;
d. setup, onboarding, implementation, configuration, training, account management, and activation costs;
e. third-party costs, licensing costs, hosting costs, domain costs, software costs, AI usage costs, platform costs, and payment-provider costs;
f. reasonable administrative, cancellation, reactivation, collection, migration, data export, and support fees;
g. discounts, promotions, or concessions granted on the assumption that the Client would complete the agreed minimum period or notice period;
h. chargeback fees, bank fees, legal costs, collection costs, and other recoverable costs caused by the Client’s cancellation or payment conduct; and
i. any other reasonable cancellation amount permitted by applicable law.

11.7 Cancellation does not affect any outstanding invoices, unpaid fees, third-party charges, usage charges, chargebacks, legal costs, collection costs, indemnities, confidentiality obligations, intellectual-property obligations, data obligations, or other obligations incurred before, during, or as a result of cancellation.

11.8 CloudwowX may require cancellation requests to be verified to prevent unauthorised account termination. Verification may include written confirmation from a director, owner, account holder, authorised representative, billing contact, or usual email address or WhatsApp number used by the Client.

11.9 CloudwowX is not required to accept a cancellation request from a person who does not appear to have authority to bind the Client. The Client remains liable for charges until a valid and verified cancellation request is received.

11.10 A subscription is not cancelled merely because the Client stops using the Services, removes access, ignores invoices, changes payment details, blocks payment, reverses payment, initiates a chargeback, leaves a WhatsApp group, deletes an account, fails to provide content, delays approvals, or stops communicating.

11.11 During the notice period, CloudwowX may continue providing the Services, reduce non-essential work, limit changes, restrict new development, pause out-of-scope work, or require prepayment for additional work, provided that CloudwowX does not act contrary to applicable law or a specific written service-level commitment.

11.12 CloudwowX may suspend or restrict Services during the notice period if the Client fails to pay, disputes authorised charges without valid grounds, removes required access, breaches these Terms, creates technical or legal risk, or engages in prohibited use. Suspension does not pause, reduce, or cancel Notice Period Fees or other amounts due, to the extent permitted by law.

11.13 If the Client is a consumer and mandatory consumer protection law applies, including the Consumer Protection Act, 68 of 2008, any statutory cancellation rights that cannot lawfully be waived or limited shall apply. This may include the right to cancel a qualifying fixed-term agreement on twenty (20) business days’ written or recorded notice, subject to payment of amounts owed up to cancellation and any reasonable cancellation penalty permitted by law.

11.14 Where the Consumer Protection Act or another mandatory law gives the Client a shorter mandatory cancellation right than the Calendar Month Notice requirement, CloudwowX will apply the mandatory law to the extent required. In all other cases, including Business Client arrangements and non-consumer arrangements, the Calendar Month Notice requirement applies.

11.15 The Client acknowledges that the three-calendar-month notice period for Business Clients is reasonable and necessary because CloudwowX may reserve capacity, carry platform and licence costs, maintain hosting and support allocation, manage AI and automation infrastructure, maintain third-party services, commit technical resources, and incur non-recoverable setup, operational, and opportunity costs.

11.16 At the end of the valid notice period, CloudwowX may disable access, stop support, stop hosting, disable automations, disable AI agents, stop CloudwowX services, remove integrations, archive or delete data subject to these Terms, and terminate third-party services managed by CloudwowX. The Client must request any data export, domain transfer, migration assistance, or handover before the cancellation effective date and must pay any applicable export, migration, transfer, third-party, or administrative fees.

11.17 If CloudwowX agrees in writing to waive or shorten the Calendar Month Notice period in a specific case, that waiver applies only to that specific Client and cancellation and does not waive CloudwowX’s rights in any other case.

12. ONCE-OFF PROJECT CANCELLATION

12.1 Project Services may be cancelled only by written notice.

12.2 Deposits, setup fees, activation fees, consultation fees, design fees, development fees, onboarding fees, licensing fees, third-party fees, and work already performed are non-refundable to the extent permitted by law.

12.3 If a project is cancelled after work has started, the Client remains liable for:

a. work completed;
b. work in progress;
c. reserved resources;
d. third-party costs;
e. software costs;
f. licensing costs;
g. administrative costs;
h. reasonable cancellation fees permitted by law.

12.4 If the Client delays a project for more than thirty (30) calendar days by failing to provide content, approval, access, payment, or feedback, CloudwowX may place the project on hold, revise the timeline, charge reactivation fees, or treat the project as cancelled.

12.5 Reactivation of a paused or cancelled project may require payment of a reactivation fee and may be subject to CloudwowX’s availability.

12.6 Where Project Services are supplied together with Subscription Services, retainers, hosting, maintenance, licences, CloudwowX access, AI services, managed services, support allocation, or recurring services, the cancellation rules for Subscription Services also apply to those recurring components.

12.7 Client delays, missing content, missing approvals, missing access, or non-cooperation do not cancel a project and do not entitle the Client to a refund. CloudwowX may continue to invoice for reserved resources, subscription components, hosting, licences, support allocation, and reasonable reactivation or rescheduling fees.

12.8 If a project is cancelled or placed on hold, CloudwowX may withhold deliverables, source files, exports, credentials, transfer assistance, launch assistance, domains, hosting changes, or migration support until all amounts due have been paid, to the extent permitted by law.

13. PAYMENTS

13.1 All fees must be paid in full and on time.

13.2 Payments may be processed through CloudwowX, STRESO GROUP LIMITED, Stripe, PayFast, debit order, EFT, card payment, bank transfer, online checkout, recurring billing, or any other approved payment method.

13.3 The Client authorises CloudwowX, STRESO GROUP LIMITED, Stripe, PayFast, banks, card networks, debit order providers, and other payment providers to process payments, recurring payments, retries, outstanding balances, and authorised charges.

13.4 Payment to STRESO GROUP LIMITED for a CloudwowX invoice, subscription, checkout, product, service, or payment link shall be treated as payment for CloudwowX services, unless expressly stated otherwise in writing.

13.5 Payment through STRESO GROUP LIMITED does not make STRESO GROUP LIMITED the provider of the Services, unless a separate written agreement expressly states that STRESO GROUP LIMITED is the service provider.

13.6 The Client agrees that payment providers may process payments according to their own terms, rules, risk checks, fraud controls, authorisation processes, anti-money-laundering checks, and settlement procedures.

13.7 CloudwowX does not store full card details unless expressly permitted by law and payment-provider systems. Card details are usually handled by third-party payment processors.

13.8 The Client is responsible for all bank fees, transaction fees, failed payment fees, collection fees, chargeback fees, currency conversion fees, payment-provider fees, and other charges caused by the Client’s payment method, failed payment, dispute, refund, or chargeback.

13.9 All invoices are payable by the due date stated on the invoice. If no due date is stated, payment is due immediately.

13.10 The Client may not withhold payment, set off alleged damages, deduct amounts, reverse payments, or refuse to pay undisputed or due amounts because of a complaint, pending dispute, change request, delay caused by the Client, third-party issue, platform outage, or dissatisfaction, unless required by applicable law or agreed in writing by CloudwowX.

13.11 A billing dispute must be raised in writing within seven (7) calendar days of the invoice date or payment date. If the Client does not raise a written dispute within that period, the invoice, subscription charge, payment, and billing record may be treated as accepted, to the extent permitted by law.

13.12 Where any part of an invoice is disputed in good faith, the Client must still pay all undisputed amounts on time.

13.13 CloudwowX may allocate payments received from the Client to the oldest outstanding amounts first, then to costs, fees, interest, and current charges, unless CloudwowX agrees otherwise in writing.

14. STRESO GROUP LIMITED, STRIPE, PAYFAST, AND PAYMENT CHANNEL PROTECTION

14.1 The Client acknowledges that CloudwowX may use STRESO GROUP LIMITED, Stripe, PayFast, banks, card networks, and other payment processors or facilitators to receive, process, administer, or facilitate payments.

14.2 The Client agrees that STRESO GROUP LIMITED, Stripe, PayFast, banks, card networks, and other payment processors are payment-related parties and are not responsible for delivering CloudwowX services, unless expressly agreed in writing.

14.3 The Client agrees that a payment appearing on a bank statement, card statement, Stripe receipt, PayFast receipt, or payment confirmation under STRESO GROUP LIMITED, Stripe, PayFast, CloudwowX, Cloudwow, or another payment descriptor may still relate to CloudwowX services.

14.4 The Client must not treat a different payment descriptor as a valid reason for a chargeback, reversal, dispute, non-payment, or cancellation where the payment was authorised and relates to CloudwowX services.

14.5 The Client agrees not to make claims against STRESO GROUP LIMITED for the performance, non-performance, content, scope, quality, timing, suspension, cancellation, or termination of CloudwowX services, unless STRESO GROUP LIMITED is expressly stated in writing to be the service provider.

14.6 To the maximum extent permitted by law, STRESO GROUP LIMITED shall not be liable for any service dispute, refund dispute, cancellation dispute, content dispute, marketing dispute, website dispute, subscription dispute, AI dispute, hosting dispute, or customer dispute relating to CloudwowX services where STRESO GROUP LIMITED acted only as a payment collection, billing, payment administration, or payment facilitation entity.

14.7 The Client indemnifies CloudwowX, STRESO GROUP LIMITED, Stripe, PayFast, banks, card networks, and payment processors against losses, fees, penalties, chargebacks, disputes, claims, reversals, refunds, administrative costs, and legal costs arising from unauthorised disputes, false claims, fraudulent payment activity, Client breach of these Terms, or Client misuse of payment channels.

14.8 Nothing in this section limits any rights that cannot lawfully be limited under applicable law.

15. FAILED PAYMENTS AND LATE PAYMENTS

15.1 If payment fails, is reversed, is disputed, or remains unpaid after the due date, CloudwowX may:

a. retry the payment;
b. issue reminders;
c. suspend services;
d. restrict access;
e. pause campaigns;
f. pause automations;
g. disable AI agents;
h. suspend hosting;
i. suspend websites;
j. suspend support;
k. withhold deliverables;
l. charge late payment fees;
m. charge reactivation fees;
n. refer the account for collection;
o. terminate the Agreement.

15.2 CloudwowX may charge interest on overdue amounts at the maximum rate permitted by applicable law, or if no maximum applies, at a reasonable commercial rate.

15.3 Services suspended for non-payment may require payment of all arrears, reactivation fees, and advance fees before being restored.

15.4 CloudwowX is not liable for any loss caused by suspension, restriction, or termination due to non-payment.

15.5 The Client remains liable for payment even if services are suspended due to non-payment.

15.6 Suspension, restriction, pausing, or termination for non-payment, breach, chargeback, risk, or Client misconduct does not pause billing, cancel the subscription, reduce Notice Period Fees, waive the minimum period, or remove the Client’s obligation to pay amounts due, to the maximum extent permitted by law.

15.7 CloudwowX may require all arrears, current fees, Notice Period Fees, reactivation fees, third-party fees, and security deposits to be paid before reinstating any suspended service.

16. CHARGEBACKS, REVERSALS, AND PAYMENT DISPUTES

16.1 The Client agrees not to initiate a chargeback, reversal, payment dispute, bank recall, or card dispute for authorised payments, delivered services, subscription services, setup work, digital goods, or work performed, unless the Client has valid legal grounds.

16.2 Before initiating a chargeback or payment dispute, the Client must first contact CloudwowX in writing at support@cloudwowx.com and allow CloudwowX a reasonable opportunity to resolve the issue.

16.3 If the Client initiates a chargeback or payment reversal without valid legal grounds, CloudwowX may:

a. suspend all services immediately;
b. terminate the Agreement;
c. recover the disputed amount;
d. recover chargeback fees;
e. recover payment-provider fees;
f. recover administrative costs;
g. recover collection costs;
h. recover legal costs;
i. withhold deliverables, data exports, websites, domains, support, or access until payment is resolved, to the extent permitted by law.

16.4 The Client remains liable for payments reversed after services have been delivered, made available, activated, configured, reserved, or used.

16.5 If a payment provider, bank, card network, Stripe, PayFast, STRESO GROUP LIMITED, or other processor imposes fees, penalties, reserves, refunds, holds, chargebacks, or deductions because of the Client’s transaction, the Client agrees to reimburse CloudwowX and any affected Protected Party to the extent permitted by law.

17. REFUNDS

17.1 Unless required by law or expressly agreed in writing, the following are non-refundable:

a. setup fees;
b. activation fees;
c. onboarding fees;
d. consultation fees;
e. development fees;
f. design fees;
g. hosting fees already incurred;
h. subscription fees already due;
i. third-party fees;
j. domain fees;
k. software licence fees;
l. payment gateway fees;
m. marketing spend;
n. advertising spend;
o. custom development fees;
p. training fees;
q. administrative fees;
r. work already performed.

17.2 Refund requests must be submitted in writing to support@cloudwowx.com.

17.3 Approved refunds may be reduced by payment-provider fees, third-party costs, work already performed, chargeback fees, and amounts owed by the Client.

17.4 Refunds may only be made to the original payment method unless otherwise required or permitted by law.

17.5 No refund is due merely because the Client changes their mind, fails to use the Services, fails to provide required information, delays the project, refuses to cooperate, or decides not to proceed after work has started, unless applicable law provides otherwise.

17.6 Notice Period Fees, minimum-period fees, activated licences, hosting fees, CloudwowX access fees, AI usage fees, third-party fees, payment-provider fees, setup costs, reserved-capacity costs, and work already performed are non-refundable to the maximum extent permitted by law.

17.7 Any refund, credit, concession, goodwill adjustment, early release, discount, or waiver is discretionary unless required by law and does not create a precedent or ongoing obligation.

18. VAT AND TAX

18.1 CloudwowX is not VAT registered as at the Effective Date of these Terms.

18.2 No VAT is charged by CloudwowX unless and until CloudwowX becomes VAT registered or is legally required to charge VAT.

18.3 If CloudwowX becomes VAT registered or if tax treatment changes, CloudwowX may update invoices, pricing, payment pages, and tax treatment where legally required.

18.4 The Client is responsible for all taxes, duties, levies, withholding taxes, bank charges, international payment fees, and other charges applicable to their purchase and use of the Services.

19. CLIENT RESPONSIBILITIES

19.1 The Client must:

a. provide accurate information;
b. provide required content on time;
c. provide access credentials where needed;
d. provide approvals promptly;
e. ensure that all content is lawful;
f. ensure that all marketing lists are lawfully obtained;
g. ensure that all claims, prices, offers, and promotions are accurate;
h. comply with applicable laws;
i. comply with platform terms;
j. keep login credentials secure;
k. pay all fees on time;
l. review deliverables carefully;
m. notify CloudwowX of errors promptly;
n. ensure that their business practices are lawful;
o. cooperate reasonably with CloudwowX.

19.2 The Client is solely responsible for the accuracy, legality, and compliance of their business, products, services, content, advertising claims, marketing lists, offers, pricing, refunds, customer service, and customer communications.

20. CLIENT CONTENT

20.1 The Client warrants that all Content provided to CloudwowX:

a. is accurate;
b. is lawful;
c. does not infringe intellectual property rights;
d. does not violate privacy rights;
e. does not contain unlawful, defamatory, misleading, discriminatory, harmful, abusive, or prohibited material;
f. may legally be used by CloudwowX for the Services.

20.2 The Client grants CloudwowX a non-exclusive, worldwide, royalty-free licence to use, copy, edit, publish, process, host, display, transmit, and adapt Client Content as required to provide the Services.

20.3 CloudwowX may refuse to use, publish, or process any Content that it considers unlawful, risky, offensive, misleading, harmful, non-compliant, reputationally damaging, or unsuitable.

20.4 The Client indemnifies CloudwowX and the Protected Parties against any claim arising from Client Content.

21. MARKETING COMMUNICATIONS, WHATSAPP GROUPS, EMAIL, SMS, AND CONSENT

21.1 CloudwowX may send the Client essential service-related communications, including onboarding messages, support messages, billing notices, security notices, account updates, service updates, legal notices, payment reminders, and operational messages.

21.2 Where required by applicable law, CloudwowX will only send direct marketing communications where:

a. the Client has given consent; or
b. the Client is an existing customer and the communication is permitted by applicable privacy and direct marketing laws.

21.3 The Client may consent to receiving marketing, promotional, educational, community, and product-related communications from CloudwowX through:

a. WhatsApp;
b. WhatsApp groups;
c. WhatsApp broadcast lists;
d. email;
e. SMS;
f. phone calls;
g. social media messages;
h. website chat;
i. CRM messages;
j. automation platforms.

21.4 Marketing communications may include promotions, offers, product updates, new services, announcements, training material, community discussions, reminders, business tips, educational content, and related information.

21.5 The Client acknowledges that participation in WhatsApp groups may reveal their name, phone number, profile image, messages, and participation to other group members.

21.6 The Client agrees that CloudwowX may add them to WhatsApp groups, support groups, onboarding groups, announcement groups, community groups, and marketing groups only where the Client has consented or where such group is reasonably necessary for the service requested.

21.7 The Client may opt out of marketing communications at any time by using an unsubscribe link, leaving a WhatsApp group, replying “STOP”, or contacting CloudwowX in writing at support@cloudwowx.com.

21.8 Opting out of marketing communications does not opt the Client out of essential service, billing, legal, security, support, or account-related communications.

21.9 The Client must not add CloudwowX, its employees, contractors, or other clients to unauthorised groups, spam lists, or marketing lists without consent.

22. MARKETING CONSENT WORDING FOR FORMS AND CHECKOUT

22.1 CloudwowX may use the following separate consent wording on online forms, checkout pages, sign-up pages, proposals, or onboarding forms:

“I agree to receive marketing and promotional communication from CloudwowX via WhatsApp, WhatsApp groups, email, SMS, phone, and other digital channels. I understand that I can opt out at any time.”

22.2 Marketing consent should not be pre-selected where a positive opt-in is required by law.

22.3 Refusing marketing consent does not prevent CloudwowX from sending essential service, billing, legal, support, security, or account-related communications.

23. POPIA AND PERSONAL INFORMATION

23.1 CloudwowX may collect and process Personal Information for purposes including:

a. onboarding;
b. account creation;
c. service delivery;
d. billing;
e. support;
f. identity verification;
g. legal compliance;
h. fraud prevention;
i. marketing;
j. customer relationship management;
k. analytics;
l. platform integrations;
m. communication;
n. contract management;
o. technical administration;
p. security;
q. debt collection.

23.2 Personal Information may include:

a. names;
b. phone numbers;
c. email addresses;
d. business names;
e. registration details;
f. billing information;
g. payment information;
h. website information;
i. social media details;
j. WhatsApp details;
k. customer lists;
l. lead information;
m. technical information;
n. usage data;
o. IP addresses;
p. device information;
q. communication history.

23.3 CloudwowX will process Personal Information in accordance with applicable data protection laws, including the Protection of Personal Information Act, 4 of 2013, where applicable.

23.4 The Client confirms that any Personal Information supplied to CloudwowX has been lawfully collected and may lawfully be processed by CloudwowX for the Services.

23.5 Where the Client provides customer lists, lead lists, email lists, WhatsApp contacts, phone numbers, or marketing databases, the Client warrants that:

a. the data was lawfully collected;
b. the required consent was obtained where required;
c. the data subjects have not objected to processing;
d. the data may lawfully be used for the intended campaign;
e. the data does not violate POPIA, spam laws, platform rules, or third-party rights.

23.6 The Client indemnifies CloudwowX and the Protected Parties against any claim, fine, complaint, investigation, loss, or damage arising from unlawful, unauthorised, inaccurate, or non-compliant data supplied by the Client.

23.7 CloudwowX may use third-party service providers to process Personal Information where reasonably required to deliver the Services.

23.8 CloudwowX may retain Personal Information for as long as reasonably required for service delivery, legal compliance, tax records, billing, dispute resolution, fraud prevention, security, backups, and legitimate business purposes.

24. DIRECT MARKETING COMPLIANCE

24.1 The Client is responsible for ensuring that all marketing campaigns comply with applicable laws, including POPIA, the Consumer Protection Act, the Electronic Communications and Transactions Act, platform rules, advertising standards, and industry rules.

24.2 The Client must not use CloudwowX services to send unlawful spam, unsolicited communications, misleading promotions, fraudulent offers, prohibited content, or unlawful marketing.

24.3 CloudwowX may suspend or refuse any campaign that appears to create legal, reputational, technical, privacy, spam, or platform risk.

24.4 The Client remains responsible for honouring opt-outs, unsubscribe requests, objections, complaints, and data subject requests relating to the Client’s customers or leads.

24.5 If CloudwowX receives complaints, spam reports, platform warnings, legal threats, or regulator complaints relating to the Client’s campaign, CloudwowX may suspend or terminate the affected services immediately.

25. WHATSAPP, META, EMAIL, SMS, AND PLATFORM RULES

25.1 WhatsApp, Meta, Facebook, Instagram, Google, email providers, SMS providers, hosting providers, payment providers, and other third-party platforms operate according to their own rules.

25.2 CloudwowX does not control third-party platform decisions, suspensions, limitations, rejections, bans, algorithm changes, verification delays, message delivery issues, account restrictions, API failures, pricing changes, or policy enforcement.

25.3 The Client agrees to comply with all applicable third-party platform terms.

25.4 CloudwowX shall not be liable if a third-party platform:

a. rejects messages;
b. delays delivery;
c. blocks messages;
d. bans an account;
e. restricts an account;
f. changes pricing;
g. changes APIs;
h. changes policies;
i. removes features;
j. suspends integrations;
k. limits advertising;
l. disables automations;
m. reduces reach;
n. flags or suspends campaigns.

26. AI SERVICES AND AI-GENERATED OUTPUTS

26.1 CloudwowX may provide AI tools, AI agents, AI chatbots, AI workflows, AI content generation, AI automation, and related AI services.

26.2 The Client understands that AI-generated outputs may be inaccurate, incomplete, outdated, biased, inappropriate, unsuitable, or incorrect.

26.3 The Client is responsible for reviewing, verifying, approving, and using AI-generated outputs.

26.4 CloudwowX does not guarantee that AI outputs will be accurate, legal, compliant, original, suitable, profitable, safe, or error-free.

26.5 The Client must not rely on AI outputs as legal, financial, medical, tax, accounting, safety, employment, compliance, or professional advice.

26.6 CloudwowX shall not be liable for losses, claims, decisions, actions, omissions, customer complaints, legal issues, or damages arising from the Client’s use of AI outputs.

26.7 The Client must ensure that AI tools are not used for unlawful, discriminatory, harmful, misleading, or prohibited purposes.

26A. CLOUDWOWX AND REGULATED / HEALTHCARE USE PROTECTION

26A.1 CloudwowX may be used for workflow automation, communication support, business administration, data capture, reminders, internal productivity, reporting, customer engagement, and other digital or AI-assisted functions.

26A.2 Unless expressly agreed in a separate written agreement signed by CloudwowX, CloudwowX is not a medical device, pharmacy system of record, emergency service, clinical decision system, diagnostic tool, prescribing tool, dispensing authority, legal compliance system, financial advice tool, or substitute for qualified professional judgment.

26A.3 The Client is solely responsible for determining whether the Client’s use of CloudwowX is suitable and lawful for the Client’s industry, including any healthcare, pharmacy, wellness, medical, insurance, financial, legal, regulated, or professional environment.

26A.4 The Client must ensure that any healthcare, pharmacy, clinical, medical, wellness, financial, legal, regulated, or professional use of CloudwowX is reviewed, supervised, approved, and controlled by appropriately qualified and authorised professionals.

26A.5 The Client must not use CloudwowX to diagnose, treat, prescribe, dispense, approve, reject, triage emergencies, provide regulated professional advice, make automated decisions with legal or similarly significant effects, or replace human professional review unless the Client has obtained all required approvals, consents, licences, safeguards, and professional oversight and CloudwowX has expressly agreed in writing to that specific use.

26A.6 The Client is responsible for all data entered into CloudwowX, all outputs used from CloudwowX, all messages sent through CloudwowX, all customer or patient communications, all compliance notices, all opt-outs, all consents, all record-keeping, all professional obligations, and all regulatory requirements applicable to the Client’s business.

26A.7 CloudwowX does not guarantee that CloudwowX outputs, workflows, reminders, messages, automations, AI outputs, integrations, reports, or data processing will be accurate, complete, uninterrupted, clinically appropriate, professionally compliant, legally compliant, or suitable for any regulated purpose.

26A.8 The Client must independently verify all CloudwowX outputs before relying on them, sending them, publishing them, storing them in official records, using them for regulated purposes, or communicating them to the Client’s customers, patients, suppliers, staff, regulators, or third parties.

26A.9 CloudwowX may suspend, restrict, refuse, or terminate any CloudwowX use that it reasonably considers unlawful, unsafe, misleading, high-risk, reputationally damaging, technically risky, non-compliant, or outside the agreed scope.

26A.10 The Client indemnifies CloudwowX, CloudwowX, Cloudwow (Pty) Ltd, STRESO GROUP LIMITED, and the Protected Parties against any claim, complaint, fine, investigation, data incident, professional-liability claim, regulatory action, customer claim, patient claim, loss, cost, or damage arising from the Client’s use of CloudwowX, the Client’s regulated business, Client-supplied data, Client instructions, Client outputs, Client communications, or the Client’s failure to obtain required approvals, consents, licences, professional review, or regulatory compliance.

27. CUSTOM DEVELOPMENT, AUTOMATIONS, AND INTEGRATIONS

27.1 CloudwowX may create custom workflows, automations, bots, scripts, prompts, CRM structures, integrations, dashboards, websites, templates, funnels, landing pages, forms, tools, and software configurations.

27.2 Unless otherwise agreed in writing and fully paid for, CloudwowX retains ownership of:

a. source code;
b. frameworks;
c. templates;
d. reusable systems;
e. workflows;
f. automations;
g. bots;
h. prompts;
i. scripts;
j. libraries;
k. know-how;
l. methods;
m. technical architecture;
n. internal tools;
o. reusable components;
p. CRM configurations;
q. AI configurations;
r. integrations;
s. business processes developed by CloudwowX.

27.3 Upon full payment, the Client receives a limited, non-exclusive, non-transferable licence to use the final deliverables for the Client’s own business purposes, subject to these Terms.

27.4 The Client may not copy, resell, reverse engineer, duplicate, transfer, sublicense, recreate, extract, or commercially exploit CloudwowX systems, templates, automations, prompts, methods, workflows, code, or proprietary materials without written permission.

27.5 Custom development may depend on Third-Party Services. If those services change or stop working, additional fees may apply to update, repair, rebuild, or replace affected functionality.

28. INTELLECTUAL PROPERTY

28.1 All CloudwowX intellectual property remains the property of CloudwowX.

28.2 CloudwowX intellectual property includes:

a. business methods;
b. processes;
c. strategies;
d. designs;
e. systems;
f. templates;
g. documents;
h. training materials;
i. course materials;
j. software;
k. automations;
l. prompts;
m. scripts;
n. website frameworks;
o. technical know-how;
p. branding;
q. documentation;
r. reusable components;
s. internal tools.

28.3 The Client retains ownership of Client Content supplied to CloudwowX, subject to the licence granted to CloudwowX to perform the Services.

28.4 CloudwowX may use general skills, knowledge, ideas, concepts, methods, experience, and know-how gained during the provision of services for other clients.

29. PORTFOLIO RIGHTS

29.1 Unless the Client objects in writing, CloudwowX may display the Client’s name, logo, website, project screenshots, public campaign examples, public results, testimonials, and general project description in its portfolio, website, social media, proposals, case studies, and marketing material.

29.2 CloudwowX will not intentionally disclose confidential Client information in portfolio material.

30. THIRD-PARTY SERVICES

30.1 The Services may depend on Third-Party Services including but not limited to:

a. STRESO GROUP LIMITED;
b. Stripe;
c. PayFast;
d. WhatsApp;
e. Meta;
f. Facebook;
g. Instagram;
h. Google;
i. OpenAI;
j. hosting providers;
k. domain registrars;
l. CRM platforms;
m. plugin providers;
n. email providers;
o. SMS providers;
p. analytics tools;
q. advertising platforms;
r. payment processors;
s. automation platforms;
t. banks and card networks.

30.2 Third-Party Services are governed by their own terms, pricing, policies, privacy practices, limitations, and availability.

30.3 CloudwowX is not liable for any act, omission, outage, data loss, fee, suspension, policy change, error, delay, rejection, security incident, or failure by any Third-Party Service.

30.4 The Client is responsible for paying all third-party fees unless expressly included in a CloudwowX package.

30.5 If a Third-Party Service changes its fees, rules, API, access, or availability, CloudwowX may adjust pricing, modify the Services, suspend affected features, or terminate affected services.

31. PAYMENT GATEWAY INTEGRATION

31.1 CloudwowX may assist with payment gateway integration using Stripe, PayFast, EFT, card payments, bank payments, or other providers.

31.2 The Client is responsible for:

a. opening and maintaining their payment gateway account;
b. passing verification checks;
c. complying with payment-provider rules;
d. providing accurate business information;
e. ensuring lawful products and services;
f. managing refunds;
g. managing customer disputes;
h. managing chargebacks;
i. paying payment-provider fees;
j. ensuring tax compliance;
k. maintaining accurate settlement and bank details.

31.3 CloudwowX does not guarantee approval by Stripe, PayFast, banks, card networks, or payment providers.

31.4 CloudwowX is not responsible for rejected applications, withheld funds, reserves, rolling reserves, account closures, payment delays, chargebacks, fraud checks, settlement delays, account limitations, or payment-provider decisions.

31.5 If the Client’s payment gateway account is suspended, restricted, or terminated, CloudwowX is not responsible for lost revenue, lost sales, failed subscriptions, customer disputes, or delayed payments.

32. E-COMMERCE AND ONLINE SALES

32.1 If CloudwowX assists with e-commerce functionality, the Client remains responsible for:

a. product descriptions;
b. product images;
c. pricing;
d. taxes;
e. delivery;
f. stock;
g. customer service;
h. refunds;
i. returns;
j. warranties;
k. consumer law compliance;
l. payment disputes;
m. chargebacks;
n. prohibited products;
o. terms of sale;
p. privacy policy;
q. refund policy;
r. shipping policy;
s. complaints handling.

32.2 CloudwowX does not accept responsibility for disputes between the Client and the Client’s customers.

32.3 The Client is responsible for ensuring that products and services sold through their website are lawful and comply with payment gateway rules, advertising rules, and applicable legislation.

33. SEO, MARKETING, LEADS, AND RESULTS

33.1 CloudwowX may provide marketing, advertising, SEO, content, lead generation, or campaign support.

33.2 CloudwowX does not guarantee:

a. first-page rankings;
b. specific traffic;
c. specific leads;
d. specific conversions;
e. specific sales;
f. specific revenue;
g. specific return on ad spend;
h. uninterrupted ad approval;
i. platform acceptance;
j. customer response;
k. customer retention.

33.3 Marketing performance depends on factors outside CloudwowX’s control, including market conditions, pricing, product quality, reputation, competition, Client response times, sales processes, ad budgets, platform algorithms, and customer behaviour.

33.4 The Client remains responsible for approving all campaigns, claims, prices, offers, promotions, and advertising content.

34. COOKIES, PIXELS, TRACKING, AND ANALYTICS

34.1 CloudwowX may assist with analytics, tracking pixels, cookies, conversion tracking, remarketing tags, website analytics, and similar technologies.

34.2 The Client is responsible for ensuring that its website has appropriate privacy notices, cookie notices, consent mechanisms, and legal disclosures where required.

34.3 CloudwowX does not provide legal compliance guarantees for cookie, tracking, analytics, or advertising consent requirements unless expressly agreed in writing.

35. SUPPORT

35.1 Support is provided according to the package purchased by the Client.

35.2 Support may be provided via email, WhatsApp, support portal, phone, video call, or another channel selected by CloudwowX.

35.3 Support does not include unlimited development, unlimited changes, new features, training, emergency work, third-party troubleshooting, malware removal, data recovery, or out-of-scope work unless expressly included.

35.4 CloudwowX may charge separately for urgent support, after-hours support, emergency recovery, additional training, or out-of-scope technical work.

35.5 CloudwowX does not guarantee immediate response times unless a specific written service-level agreement has been agreed.

36. CLIENT ACCESS AND CREDENTIALS

36.1 The Client must provide accurate login credentials, API keys, platform access, domain access, hosting access, payment gateway access, and other access required for the Services.

36.2 The Client is responsible for ensuring that access is lawful and authorised.

36.3 CloudwowX is not liable for delays or failures caused by incorrect, expired, restricted, missing, or unauthorised access.

36.4 The Client must not share sensitive credentials insecurely where secure alternatives are available.

36.5 The Client remains responsible for activity on accounts, platforms, systems, and services controlled by the Client.

37. SECURITY

37.1 CloudwowX will take reasonable steps to protect systems and information under its control.

37.2 No system is completely secure.

37.3 The Client is responsible for:

a. strong passwords;
b. two-factor authentication;
c. secure devices;
d. staff access control;
e. avoiding phishing;
f. maintaining secure accounts;
g. notifying CloudwowX of suspected compromise;
h. removing access for former employees or contractors.

37.4 CloudwowX is not liable for security incidents caused by the Client, Client staff, weak passwords, third-party platforms, malware, phishing, reused credentials, unauthorised access, or factors outside CloudwowX’s reasonable control.

38. DATA, BACKUPS, AND EXPORTS

38.1 The Client is responsible for maintaining independent copies of important data.

38.2 CloudwowX does not guarantee that all data can be exported from every platform or third-party system.

38.3 Data export requests must be submitted before termination or cancellation.

38.4 CloudwowX may charge reasonable fees for data exports, migrations, formatting, backups, transfer assistance, or administrative work.

38.5 CloudwowX may refuse or delay data export where:

a. the Client has unpaid amounts;
b. identity or authority cannot be verified;
c. the request is unlawful;
d. third-party restrictions apply;
e. the request is technically impossible;
f. the request would compromise other clients or systems.

38.6 After termination, CloudwowX may delete, archive, restrict, or retain data according to legal, operational, billing, tax, security, and backup requirements.

38.7 CloudwowX is not responsible for data loss where the Client failed to request export in time or failed to maintain independent backups.

38.8 Data export, migration, handover, domain transfer, website transfer, CRM export, CloudwowX export, automation export, or access handover is not included unless expressly stated in the applicable package. CloudwowX may charge reasonable fees for preparing, extracting, formatting, securing, transferring, documenting, or supporting any handover.

38.9 CloudwowX may retain administrative copies, billing records, audit records, security logs, backups, legal records, tax records, communications, and evidence reasonably required for legal, operational, dispute-resolution, fraud-prevention, tax, or security purposes.

39. PROHIBITED USE

39.1 The Client may not use the Services for:

a. unlawful activities;
b. fraud;
c. scams;
d. spam;
e. phishing;
f. malware;
g. hacking;
h. harassment;
i. hate speech;
j. misleading advertising;
k. unlawful direct marketing;
l. illegal products;
m. counterfeit goods;
n. privacy violations;
o. intellectual property infringement;
p. prohibited financial schemes;
q. adult exploitation;
r. illegal gambling;
s. unlawful surveillance;
t. any activity that violates applicable laws or platform rules.

39.2 CloudwowX may immediately suspend or terminate services if it reasonably believes the Client is engaging in prohibited use.

40. CLIENT CONDUCT

40.1 The Client agrees to communicate with CloudwowX, its employees, contractors, and representatives in a respectful and lawful manner.

40.2 CloudwowX may suspend or terminate services if the Client engages in abusive, threatening, discriminatory, harassing, defamatory, unlawful, aggressive, or unreasonable conduct.

40.3 Termination under this clause does not affect any amounts already owed by the Client.

41. ELECTRONIC APPROVALS AND INSTRUCTIONS

41.1 The Client agrees that approvals, instructions, confirmations, cancellations, change requests, and acceptances given by email, WhatsApp, online form, payment, electronic signature, or other recorded electronic communication are valid and binding.

41.2 CloudwowX may rely on instructions received from the Client’s usual email address, WhatsApp number, account user, director, employee, representative, or authorised contact unless CloudwowX has been notified in writing that such person is not authorised.

41.3 CloudwowX is not liable for acting on instructions that reasonably appear to come from the Client or an authorised representative.

42. SUSPENSION AND TERMINATION BY CLOUDWOWX

42.1 CloudwowX may suspend or terminate services immediately if:

a. payment is overdue;
b. payment fails;
c. a chargeback occurs;
d. the Client breaches these Terms;
e. the Client provides false information;
f. the Client abuses staff or contractors;
g. the Client uses services unlawfully;
h. third-party services are suspended;
i. continuing services creates legal, technical, security, financial, or reputational risk;
j. the Client becomes insolvent or ceases trading;
k. the Client fails to cooperate;
l. required access is removed;
m. the Client violates platform rules;
n. the Client engages in prohibited use;
o. the Client attempts to cancel without complying with the applicable cancellation procedure;
p. the Client creates excessive support burden, platform risk, payment risk, compliance risk, security risk, chargeback risk, reputational risk, or operational risk;
q. the Client uses CloudwowX or any AI service in a regulated, professional, healthcare, pharmacy, clinical, emergency, financial, legal, or high-risk context without required approvals, safeguards, or written agreement.

42.2 Suspension or termination does not release the Client from amounts owed.

42.3 CloudwowX may restore suspended services only after the issue has been resolved and all outstanding amounts, reactivation fees, and related costs have been paid.

43. EFFECT OF TERMINATION

43.1 Upon termination:

a. access to services may be disabled;
b. subscriptions may stop after the applicable notice period;
c. unpaid invoices become immediately due;
d. CloudwowX may stop work;
e. hosting may be suspended;
f. websites may become unavailable;
g. automations may be disabled;
h. AI agents may stop working;
i. integrations may stop working;
j. third-party services may continue to bill the Client directly;
k. data export may require a separate request and fee.

43.2 Any clauses intended to survive termination shall survive, including payment, intellectual property, confidentiality, indemnity, limitation of liability, data, chargebacks, legal costs, and dispute resolution.

44. CONFIDENTIALITY

44.1 Each party may receive confidential information from the other.

44.2 The receiving party must not disclose confidential information except where required to provide the Services, comply with law, enforce rights, use contractors or service providers, process payments, collect debts, resolve disputes, or obtain professional advice.

44.3 Confidentiality does not apply to information that is public, independently developed, lawfully obtained from another source, or required to be disclosed by law.

45. INDEMNITY

45.1 The Client indemnifies, defends, and holds CloudwowX, CloudwowX, Cloudwow (Pty) Ltd, STRESO GROUP LIMITED, and the Protected Parties harmless against any claim, loss, damage, liability, penalty, fine, cost, legal cost, investigation, complaint, chargeback, refund, third-party claim, regulatory claim, customer claim, patient claim, professional-liability claim, payment-provider claim, data-protection claim, or expense arising directly or indirectly from:

a. Client Content;
b. unlawful marketing;
c. spam complaints;
d. privacy violations;
e. POPIA violations caused by Client data, Client instructions, Client lists, or Client systems;
f. intellectual property infringement;
g. misleading advertising;
h. Client products or services;
i. Client customer disputes;
j. payment disputes;
k. chargebacks;
l. Client breach of these Terms;
m. Client misuse of the Services;
n. Client violation of third-party platform rules;
o. AI outputs used, approved, sent, published, or relied on by the Client;
p. unauthorised, inaccurate, unlawful, or non-compliant data supplied by the Client;
q. unlawful or prohibited business activities;
r. customer, patient, supplier, employee, contractor, regulator, or third-party complaints relating to the Client’s business;
s. regulatory complaints caused by the Client’s instructions, data, content, industry, products, services, communications, or marketing;
t. payment-provider claims, reversals, reserves, refunds, penalties, or disputes caused by the Client;
u. use of CloudwowX or any CloudwowX service in a healthcare, pharmacy, medical, wellness, legal, financial, regulated, professional, emergency, or high-risk environment;
v. failure to obtain required consents, licences, approvals, professional review, privacy notices, opt-ins, opt-outs, policies, disclaimers, or regulatory permissions;
w. security incidents caused by Client systems, Client users, weak passwords, compromised credentials, unauthorised access, malware, phishing, or third-party platforms;
x. any instruction, approval, omission, delay, non-cooperation, or breach by the Client or the Client’s directors, employees, contractors, agents, customers, suppliers, or representatives.

45.2 This indemnity applies even where the claim is made against a Protected Party instead of the Client, where the claim arises from the Client’s business, data, content, instructions, products, services, customers, payment conduct, regulated use, or breach.

45.3 CloudwowX may control the defence, settlement, response, evidence gathering, and communications relating to a claim involving CloudwowX, CloudwowX, STRESO GROUP LIMITED, or a Protected Party, and the Client must provide reasonable assistance, documents, access, and information.

45.4 The indemnity survives cancellation, suspension, termination, expiry, migration, handover, and non-use of the Services.

46. LIMITATION OF LIABILITY

46.1 To the maximum extent permitted by law, CloudwowX, CloudwowX, Cloudwow (Pty) Ltd, STRESO GROUP LIMITED, and the Protected Parties shall not be liable for:

a. loss of profits;
b. loss of revenue;
c. loss of leads;
d. loss of sales;
e. loss of goodwill;
f. loss of data;
g. loss of business opportunity;
h. reputational harm;
i. indirect damages;
j. consequential damages;
k. special damages;
l. punitive damages;
m. third-party platform failures;
n. payment-provider issues;
o. hosting downtime;
p. AI inaccuracies;
q. CloudwowX output errors, workflow errors, automation delays, integration failures, or regulated-use consequences;
r. marketing performance;
s. search ranking changes;
t. customer, patient, supplier, employee, or third-party disputes involving the Client;
u. campaign rejections;
v. account suspensions by third parties;
w. chargebacks;
x. payment descriptor disputes;
y. payment processing delays;
z. malware, hacking, phishing, credential compromise, unauthorised access, or security incidents not caused solely by CloudwowX’s proven gross negligence or wilful misconduct;
aa. regulatory fines, professional-liability claims, clinical outcomes, pharmacy outcomes, medical outcomes, legal outcomes, financial outcomes, or business decisions arising from the Client’s use of the Services.

46.2 To the maximum extent permitted by law, CloudwowX’s total aggregate liability for all claims of any kind relating to the affected service shall be limited to the lower of:

a. the fees actually paid by the Client to CloudwowX for the specific affected service during the three (3) months immediately before the event giving rise to the claim; or
b. the direct fees paid for the specific defective deliverable or affected service component giving rise to the claim.

46.3 No claim may be brought against CloudwowX, CloudwowX, Cloudwow (Pty) Ltd, STRESO GROUP LIMITED, or any Protected Party more than six (6) months after the Client became aware, or reasonably should have become aware, of the facts giving rise to the claim, unless a longer period is required by mandatory law.

46.4 To the maximum extent permitted by law, STRESO GROUP LIMITED’s total liability for any claim relating to CloudwowX or CloudwowX services shall be limited to the payment processing, payment collection, billing, or payment administration role it performed and shall not extend to the performance, delivery, quality, timing, cancellation, refund, regulated use, content, outputs, or outcome of CloudwowX or CloudwowX services.

46.5 The limitations in this section apply regardless of whether the claim is based in contract, delict, negligence, breach of statutory duty, misrepresentation, restitution, unjustified enrichment, indemnity, or any other legal basis.

46.6 Nothing in these Terms excludes liability that cannot legally be excluded.

47. NO PROFESSIONAL ADVICE

47.1 CloudwowX does not provide legal, tax, accounting, financial, medical, regulatory, or compliance advice unless expressly agreed in writing by a qualified professional.

47.2 Any templates, suggestions, AI outputs, website wording, marketing ideas, policies, or compliance comments provided by CloudwowX are general information only.

47.3 The Client must obtain professional advice where required.

48. FORCE MAJEURE

48.1 CloudwowX shall not be liable for any delay or failure caused by events outside its reasonable control, including:

a. load shedding;
b. power failures;
c. internet outages;
d. cyberattacks;
e. natural disasters;
f. strikes;
g. riots;
h. war;
i. civil unrest;
j. government action;
k. pandemics;
l. third-party platform failures;
m. hosting failures;
n. payment-provider failures;
o. API outages;
p. supplier failures;
q. regulatory changes;
r. telecommunications failures;
s. system outages.

49. NON-SOLICITATION

49.1 During the Agreement and for twelve (12) months after termination, the Client may not directly or indirectly solicit, employ, contract with, or attempt to hire any CloudwowX employee, contractor, developer, designer, consultant, supplier, or representative involved in providing the Services, without CloudwowX’s written consent.

49.2 If the Client breaches this clause, CloudwowX may claim damages, recruitment costs, lost revenue, and legal costs.

50. COMMUNICATIONS

50.1 CloudwowX may communicate with the Client by email, WhatsApp, phone, SMS, client portal, website chat, social media, invoice notes, system notifications, or other reasonable channels.

50.2 The Client must keep contact details up to date.

50.3 Notices sent to the Client’s last provided email address, WhatsApp number, or billing address shall be deemed received unless the Client proves otherwise.

50.4 Notices to CloudwowX must be sent to support@cloudwowx.com.

51. SERVICE CHANGES AND PRICE CHANGES

51.1 CloudwowX may update, modify, improve, replace, discontinue, or change the Services from time to time.

51.2 CloudwowX may change pricing by giving reasonable notice.

51.3 Continued use of the Services after a price change takes effect constitutes acceptance of the updated pricing.

51.4 If the Client does not accept a price change, the Client may cancel according to the cancellation provisions of these Terms.

51.5 Third-party price increases may be passed on to the Client.

52. LEGAL COSTS AND COLLECTION

52.1 If CloudwowX must take steps to recover unpaid amounts or enforce these Terms, the Client shall be liable for all reasonable collection costs, tracing costs, administrative costs, attorney fees, and legal costs to the extent permitted by law.

52.2 CloudwowX may refer overdue accounts to debt collectors, attorneys, or credit-control providers.

52.3 CloudwowX may provide relevant payment, invoice, service, communication, and Client information to debt collectors, attorneys, payment providers, fraud prevention providers, and legal advisers where reasonably required to recover amounts owed or enforce rights.

53. DISPUTE RESOLUTION

53.1 The parties must first attempt to resolve disputes in good faith.

53.2 A party raising a dispute must provide written details of the dispute and allow the other party a reasonable opportunity to respond.

53.3 If the dispute is not resolved within fourteen (14) calendar days, either party may pursue any legal remedy available under applicable law.

53.4 CloudwowX may still suspend services, recover unpaid amounts, protect systems, prevent loss, or enforce payment rights while a dispute is ongoing.

54. GOVERNING LAW

54.1 These Terms are governed by the laws of the Republic of South Africa.

54.2 The parties consent to the jurisdiction of the appropriate South African courts.

54.3 Where payment is processed through STRESO GROUP LIMITED, Stripe, PayFast, a bank, card network, or another payment provider, the payment provider’s own rules, terms, dispute procedures, and jurisdictional requirements may also apply to the payment processing element.

55. CONSUMER RIGHTS

55.1 Nothing in these Terms is intended to unlawfully limit, exclude, or reduce any rights that a consumer may have under applicable consumer protection laws.

55.2 If any provision of these Terms conflicts with a mandatory consumer protection law, the mandatory law shall prevail to the extent of the conflict only, and the remaining provisions shall continue to apply.

55.3 Any cancellation penalty, refund limitation, liability limitation, suspension right, payment obligation, Calendar Month Notice requirement, minimum period, indemnity, or risk allocation shall apply only to the extent permitted by law.

55.4 Where the Consumer Protection Act applies, the Client may have rights relating to fixed-term agreements, cancellation, fair terms, disclosure, and remedies. CloudwowX reserves the right to recover amounts owed, fees for services rendered, third-party costs, reasonable cancellation penalties, and other amounts permitted by law.

55.5 The Calendar Month Notice requirement is intended to apply to Business Clients and non-consumer arrangements to the maximum extent permitted by law. It is not intended to override any shorter cancellation notice period that a consumer has under mandatory law.

55.6 If a court, regulator, ombud, tribunal, or applicable law determines that a particular notice period, cancellation fee, penalty, limitation, or indemnity is not enforceable against a specific Client, that provision shall be adjusted only to the minimum extent necessary to make it enforceable, and the remaining Terms shall continue to apply.

56. PRIVACY POLICY, PAIA MANUAL, AND OTHER POLICIES

56.1 These Terms should be read together with CloudwowX’s Privacy Policy, PAIA Manual, Refund Policy, Cancellation Policy, Acceptable Use Policy, Cookie Policy, and any other policies published or provided by CloudwowX from time to time.

56.2 If there is a conflict between these Terms and a specific written agreement signed by both parties, the signed written agreement shall prevail to the extent of the conflict.

56.3 CloudwowX may update its policies from time to time.

57. CHANGES TO THESE TERMS

57.1 CloudwowX may update these Terms from time to time.

57.2 Updated Terms may be published on the CloudwowX website, cloudwowx.com, or provided by email, WhatsApp, invoice, proposal, checkout page, or other reasonable means.

57.3 Continued use of the Services after updated Terms are published or provided constitutes acceptance of the updated Terms.

58. SEVERABILITY

58.1 If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue to apply.

58.2 The invalid provision shall be interpreted or replaced in a way that most closely reflects the original commercial intention while remaining lawful.

59. ENTIRE AGREEMENT

59.1 These Terms, together with any accepted quotation, proposal, invoice, service order, onboarding form, subscription plan, checkout page, payment link, or written agreement, constitute the entire agreement between the parties.

59.2 No verbal promise, sales statement, marketing statement, informal message, or previous discussion shall override these Terms unless confirmed in writing by CloudwowX.

60. CONTACT DETAILS

For notices, cancellations, support, billing queries, or legal communication, contact CloudwowX at:

Business Name: CloudwowX
Legal Entity: Cloudwow (Pty) Ltd t/a CloudwowX
Company Registration Number: 2018/547198/07
VAT Status: Not VAT registered
Website: cloudwowx.com
Email: support@cloudwowx.com
Phone / WhatsApp: +27 65 504 8905
Business Address: 62 President Steyn, Bloemfontein, South Africa

Payment-Related Entity:
STRESO GROUP LIMITED
Company Number: 15560867

61. CLIENT ACKNOWLEDGEMENT

By using CloudwowX services, the Client confirms that they:

a. have read and understood these Terms;
b. accept these Terms;
c. are authorised to enter into this Agreement;
d. consent to electronic communication;
e. consent to billing and recurring payments where applicable;
f. understand that payments may be processed through CloudwowX, STRESO GROUP LIMITED, Stripe, PayFast, EFT, bank transfer, card payment, or other approved payment methods;
g. understand that payment through STRESO GROUP LIMITED, Stripe, PayFast, EFT, bank transfer, card payment, or any approved payment method constitutes acceptance of these Terms;
h. consent to service-related communications;
i. understand that separate marketing consent may be requested where required by law;
j. understand that they may opt out of marketing communications;
k. understand that subscriptions may have a minimum initial period;
l. understand that fees may be non-refundable to the extent permitted by law;
m. understand that third-party platforms have their own rules;
n. accept responsibility for Client Content, customer data, marketing lists, products, services, and business compliance;
o. understand that CloudwowX does not guarantee sales, leads, rankings, uptime, payment approval, or AI accuracy;
p. understand that cancellation, refund, suspension, and payment terms apply;
q. agree that STRESO GROUP LIMITED is protected where it acts as a payment collection, payment administration, payment facilitation, or Stripe-connected entity for CloudwowX or CloudwowX services;
r. understand and accept the three-calendar-month written cancellation notice requirement for Business Clients and non-consumer arrangements, to the extent permitted by law;
s. understand that mandatory consumer cancellation rights are preserved where applicable;
t. understand and accept the CloudwowX regulated-use restrictions, AI-output restrictions, data responsibilities, indemnities, and limitation-of-liability provisions;
u. confirm that they had a reasonable opportunity to read, save, ask questions about, and obtain advice on these Terms before accepting them.

END OF TERMS AND CONDITIONS