Terms of Service.

Draft for review. These terms are a starting point written for FileFresh. Have them checked by a South African attorney, and fill in the highlighted details, before publishing.

1. About these terms

These terms are an agreement between you and [registered business name] (registration number [number]), trading as FileFresh ("FileFresh", "we", "us"), of [address].

They apply when you use this website, run the free scan, ask for a quote or buy any of our services. By doing any of these, you agree to these terms. If you're acting for an organisation, you confirm that you're allowed to agree on its behalf.

Nothing in these terms takes away rights you have under the Consumer Protection Act 68 of 2008 ("CPA") or the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), where those Acts apply to you.

2. Our services

FileFresh helps people and organisations organise their cloud storage (Google Drive, Microsoft OneDrive and SharePoint, and Dropbox). Our services are:

• Free Scan: a self-serve, read-only scan that produces a review sheet in your own account.
• Once-off clean-ups: Starter Clean-up (for individuals, families, registered NPOs and community groups), DIY Guide, Fresh Start and Fresh Start Premium.
• Monthly plans: Stay Fresh Lite, Stay Fresh and Stay Fresh Plus.
• Add-ons, such as handover packs, trackers and training.

What each service includes is described on our How it works page and in your written quote. If they differ, your quote applies.

3. The free scan

• The scan runs in your own Google account, using a copy of our review sheet. It can read the list of your files, but it can't open, move, change, share or delete them.
• The review sheet stays in your account and belongs to you.
• If you leave "Share my scan totals" ticked, the scan sends us totals only: numbers of files and folders, storage size, counts of the issues found, and the price estimates. It never sends file names, folder names or contents. If you tick "Email me a quote", it also sends your name and email address.
• The scan's suggestions are automatic and may be wrong. Check them before acting on them yourself.
• The free scan is provided as it is, at no charge. Google's own terms apply to your use of Google's services.

4. Quotes and prices

• Our prices are fixed by package and by the size of your storage, as shown on our website and in your scan's report. They are in South African rand.
• A written quote is valid for 30 days. It's based on the size and state of your storage at the time; if that changes a lot before we start, we may re-quote.
• If we find much more work than the quote covers (for example, a second platform you didn't mention), we'll tell you and agree any change with you in writing before doing it. We won't charge for extra work you haven't agreed to.

5. Starting a job

Before we start any paid work:

1. You accept our written quote.
2. You (or your organisation) and FileFresh sign our data processing agreement (the "operator agreement"). It sets out how we handle personal information in your storage under POPIA, and it forms part of these terms.
3. You give us access by adding a temporary account for the agreed dates. We never ask for your password.
4. You pay any deposit due (see section 8).

6. What we need from you

• You have the right to give us access to the storage you ask us to work on, and to let us organise the files in it.
• You tell us about any files that need special care, such as health information, children's information, or files under a legal hold.
• You review the review sheet and mark each row Approve, Change or Don't touch. We can only work at the speed of your approvals.
• You decide what is deleted, and you do the deleting. Your platform's bin and version history give extra protection; keep any backups your organisation requires.
• You remove our access when the job ends, or let us know if you'd like us to remove it.
• You don't use the storage we work on to hold or share illegal content.

7. How we work

• We only act on rows you've approved. Anything that looks unnecessary goes into a "99 To Review" folder for you to decide on.
• We log every move and rename in a change log that you keep.
• We work from file names, dates, types and folders, and open a file only when the job needs it. We don't otherwise view, copy or monitor what's in your files.
• If we come across anything that appears to be illegal, we'll stop work and report it where the law requires.
• We can't move files owned by other accounts. We'll list them, with their owners, so you can arrange a fix.
• We may use AI tools to help review file names and suggest folders, but only if you agree to it in the operator agreement. You can choose a no-AI option.
• We aim to finish within the timeframe in your quote. If something outside our control delays the work, we'll tell you as soon as we know.

8. Payment

• Once-off clean-ups: a 50% deposit to book, and the balance when we hand the work back to you. Invoices are payable within 7 days.
• Monthly plans: billed monthly in advance. The minimum term is 3 months; after that the plan continues month to month. If you pay a year upfront, you pay for 10 months and get 12.
• Late payment: if an invoice is more than 14 days overdue, we may pause the work or the plan until it's paid. We'll warn you first.
• Payment is by EFT to the account on your invoice. [Add any other payment methods.]

9. Cancelling

Once-off clean-ups

• If you cancel before we start, we refund your deposit in full.
• If you cancel after we start, you pay for the work done up to then, at a fair share of the package price, and we refund the rest of anything you've paid.

Monthly plans

• After the 3-month minimum, you can cancel with one calendar month's notice, by email or WhatsApp.
• If the CPA applies to you, you may also cancel a fixed-term plan early with 20 business days' notice. We may then charge a reasonable cancellation fee, as the CPA allows, which will never be more than the fees left in your minimum term.

Cooling-off for online bookings

If you book a service through this website as a consumer, ECTA may give you a 7-day cooling-off period. It doesn't apply to work that has already started with your agreement during that period.

When we may end a service

We may end a service with written notice if you don't pay after a reminder, if you ask us to do something unlawful, if the storage holds illegal content, or if you breach the operator agreement. We'll refund anything you've paid for work we haven't done.

10. Discounts and referrals

• Registered NPOs and volunteer organisations get 20% off, on proof of registration.
• Referrals: a new client who uses your referral code gets R300 off their first clean-up, or their first 2 months of Stay Fresh Lite free. Once their first payment has cleared, you get one free month of your monthly plan (up to 6 in any 12 months), or 2 free months of Stay Fresh Lite if you're not on a monthly plan.
• Free months are credited to your next invoice. They have no cash value, can't be transferred, and lapse if your plan is cancelled. You can't refer yourself, your own organisation or another branch of it. When the referrer is an organisation, the reward goes to the organisation's account.
• Pilot pricing can't be combined with other discounts. We may change or end the referral scheme with 30 days' notice; rewards already earned are honoured.

11. Privacy and confidentiality

• When we work in your storage, you're the "responsible party" under the Protection of Personal Information Act 4 of 2013 (POPIA) and we're your "operator". The signed operator agreement sets out exactly how we handle that information.
• We keep everything we see in your storage confidential, use it only to do the job, and delete any notes or copies when the job ends, confirmed in writing.
• How we handle personal information about you as a customer is set out in our Privacy Policy.

12. Responsibility and liability

• We'll do the work with reasonable care and skill. If something we did isn't right, tell us within 30 days of handover and we'll put it right at no cost.
• Because we only act on rows you approve, and we never delete files, we're not responsible for the results of decisions you make, for files you delete, or for files changed by other people with access to your storage.
• We're not responsible for outages, changes or data loss caused by Google, Microsoft, Dropbox or other providers.
• To the extent the law allows, our total liability to you for any claim is limited to the fees you paid us for the service concerned in the 3 months before the claim.
• Nothing in these terms limits our liability where the law doesn't allow it to be limited, including for gross negligence or for your rights under the CPA.

13. Other companies' platforms

Google Drive, Microsoft OneDrive and SharePoint, and Dropbox belong to their owners, and their terms apply to your use of them. FileFresh isn't affiliated with or endorsed by Google, Microsoft or Dropbox.

14. This website

• The content, design, review sheet and scan script on this website belong to FileFresh. You may use the free scan and review sheet for your own storage, but not resell or republish them.
• We try to keep the website accurate. Prices and descriptions on the website may change, but the price in your accepted quote won't.

15. Complaints and disputes

1. Tell us first, by email or WhatsApp. We'll respond within 5 working days and try to put things right.
2. If we can't agree, either of us may refer the matter to mediation before going to court. If you're a consumer, you may also contact the National Consumer Commission or a consumer ombud.
3. These terms are governed by the law of the Republic of South Africa.

16. Changes to these terms

We may update these terms from time to time. The version on this page applies from its effective date. Changes won't affect a quote you've already accepted. For monthly plans, we'll give you at least 30 days' notice of any change that affects you, and you may cancel before it applies.

17. Contact

FileFresh · [registered business name and number] · [address]

Email hello@filefresh.co.za · WhatsApp +27 00 000 0000 · Contact page