Terms &
Conditions
1. About These Terms
These Terms and Conditions ("Terms") govern your use of the Clarke Agency website at clarkeagency.co.za and the professional services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms.
Clarke Agency operates from Cape Town, South Africa. All services are subject to South African law.
2. Our Services
Clarke Agency offers the following digital services:
- Process Automation — workflow design, tool integration, and automation builds
- Website Rebuilds & Redesign — design, development, and optimisation of websites
- On-Page SEO & Technical Audits — site audits, keyword strategy, and technical fixes
- Cost Optimisation Consulting — review and rationalisation of digital tools and spend
Specific scope, deliverables, timelines, and pricing for any engagement are agreed in a separate written proposal or service agreement.
3. Enquiries and Proposals
Submitting an enquiry via our website does not create a contractual obligation on either party. A binding engagement begins only when both parties have agreed in writing to a proposal, quote, or service agreement.
4. Payment
Payment terms are set out in the relevant proposal or service agreement. Unless otherwise agreed:
- A deposit may be required before work commences
- Invoices are payable within the period stated on the invoice
- Late payments may incur interest in accordance with the Prescribed Rate of Interest Act (South Africa)
5. Intellectual Property
Upon receipt of full payment for a project, Clarke Agency assigns to the client all intellectual property rights in custom deliverables created specifically for that client, unless otherwise agreed in writing.
Clarke Agency retains ownership of all pre-existing methodologies, tools, code libraries, templates, and know-how used in delivering services. Third-party assets (fonts, stock images, plugins, etc.) remain subject to their respective licences.
Clarke Agency reserves the right to display completed work in its portfolio unless the client requests otherwise in writing.
6. Confidentiality
Clarke Agency treats all client business information as confidential. We will not disclose your proprietary information to third parties without your consent, except where required by law.
7. Client Responsibilities
You agree to:
- Provide accurate and complete information necessary for us to deliver services
- Review and approve deliverables within agreed timeframes
- Ensure you hold appropriate rights to any content or assets you provide to us
Delays caused by the client may affect timelines and may result in additional costs.
8. Limitation of Liability
To the maximum extent permitted by South African law, Clarke Agency's total liability for any claim arising out of or related to our services is limited to the amount paid by you for the specific service giving rise to the claim.
We are not liable for any indirect, consequential, or special loss, including loss of profits, loss of data, or loss of business opportunity.
Nothing in these Terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded by law.
9. Website Disclaimer
The content on this website is provided for general information purposes only. While we make every effort to keep information current and accurate, we make no warranties regarding completeness or accuracy. Your use of this website is at your own risk.
We are not responsible for the content of any external websites linked from our site.
10. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or our services will be subject to the jurisdiction of the South African courts.
11. Changes to These Terms
We may update these Terms from time to time. The effective date at the top of this page reflects the most recent revision. Continued use of our website or services after an update constitutes acceptance of the revised Terms.
12. Contact
For any questions about these Terms, contact Clarke Agency at:
clarkeagency1@outlook.com
Cape Town, South Africa