Terms and Conditions

Last updated: 28 October 2026

1. Who we are (ECT Act s43)

EFS Digital provides online customer relationship management software (EFS CRM), websites, SEO and custom software builds to businesses in South Africa. Drexopoint (Pty) Ltd t/a EFS Digital, registration number 2024/273748/07, 39 Boyle Street, Pierre van Ryneveld, Centurion, 0157. Directors: Marc du Toit, Geoffrey Edward Greyling. Email [email protected], phone +27 61 514 4294. Not registered for VAT. Information officer: Marc du Toit.

2. Acceptance

By creating an account, starting a trial or using our services you agree to these terms on behalf of the organisation you represent and confirm you have authority to bind it. The Data Processing Agreement, Acceptable Use Policy, Privacy Policy and Refund and Cancellation Policy form part of these terms.

3. IMPORTANT NOTICE (CPA s49)

The following clauses limit our liability, place risk on you or require you to indemnify us: sections 9, 13, 14 and 15. Please read them.

4. The Service

EFS CRM is an online CRM. Each customer has a separate workspace. Websites, SEO and custom builds are governed by these terms plus your written quote.

5. Accounts and PINs

Each login is for one named person; logins and PINs may not be shared. You are responsible for activity under your logins. Report suspected unauthorised access to [email protected] immediately.

6. Free trial

14 days, no charge, free data import. The trial does not convert to a paid plan unless you choose a plan and give billing details. If you do not, the workspace becomes read-only and section 12 applies.

7. Fees and billing

Fees are shown in the signup and billing screens and confirmed before you pay. Billing is monthly in advance via PayFast; you authorise recurring charges for your user count, subject to the stated minimum. Optional setup fees are quoted in writing before work starts. We are not a registered VAT vendor and do not charge VAT. If we register, VAT will be added from the registration date with at least 30 days' notice. Price changes need 30 days' written notice; you may cancel before they apply.

8. Late payment

If payment fails we notify you and give at least 7 days' written notice before suspending access (data is kept). If still unpaid 30 days after the due date we may terminate. Interest on overdue amounts at the rate allowed by the Prescribed Rate of Interest Act 55 of 1975.

9. Your data

You own all data you load ("Customer Data"). You give us a limited licence to host and process it only to provide the Service. You are the responsible party under POPIA for Customer Data; we are your operator (see the DPA). You warrant you have a lawful basis to load it and to send any email through the Service, including notice to contacts whose email is logged.

10. Automated emails

Follow-up emails are sent in your name, on your instruction. Auto-send is off by default. When you turn it on you are responsible for content, recipients and compliance with POPIA s69 and ECT Act s45. Every automated email includes an opt-out, and opted-out contacts are suppressed.

11. Security, staff access and incidents

We use reasonable technical and organisational measures (POPIA s19). Named EFS staff may access workspaces only for support, security or legal reasons, using two-factor authentication, and access is logged. We notify you of a security compromise affecting your data as set out in the DPA (POPIA s21(2), s22).

12. Cancellation and data export

Monthly plans: cancel anytime in the app or by email; cancellation takes effect at the end of the paid month; no further charges. Fixed-term plans (if any) to which the CPA applies may be cancelled on 20 business days' notice (CPA s14(2)(b)); a reasonable cancellation penalty may apply. Export window: 90 days after the end date, then data is deleted within 30 days, except records we must keep by law.

13. Suspension and termination by us

We may suspend or end the Service for non-payment, serious breach of the AUP, or legal requirement, with notice where reasonable.

14. Availability and support

We aim for high availability but do not guarantee uninterrupted service. Support: [email protected], 9am to 5pm, South African business days.

15. Liability

To the extent law allows: no liability for indirect or consequential loss; total liability limited to fees paid in the 12 months before the claim; you indemnify us for claims arising from your Customer Data or emails you send. Nothing limits liability for gross negligence, fraud, or rights under the CPA where it applies (CPA s51).

16. Consumer Protection Act

The CPA does not apply to juristic persons whose asset value or annual turnover is R2 million or more (CPA s5(2)(b)). Where it applies, these terms do not limit your rights under it.

17. Electronic transactions

If you are a natural person acting as a consumer, you may cancel within 7 days of concluding the agreement without reason (ECT Act s44); payments are refunded within 30 days. This does not apply to businesses. Data messages and clicking "I agree" are binding (ECT Act s11, s13).

18. Intellectual property

EFS owns the platform, code and designs. No rights pass except the right to use the Service while subscribed. Custom builds: ownership as set in the quote.

19. Changes

We give 30 days' notice of material changes by email and in-app. If you do not accept a change you may cancel before it takes effect without penalty.

20. Confidentiality and anonymised data

Each party keeps the other's confidential information confidential and uses it only for this agreement, except where disclosure is required by law. We may create anonymised, aggregated statistics that do not identify you or any person, and use them only to operate and improve the Service.

21. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control (including load-shedding, network or provider outages, natural events, unrest or government action). If it lasts more than 60 days, either party may cancel on written notice.

22. Disputes

The parties first try to resolve a dispute by negotiation within 14 days of a written invitation. If unresolved, either party may go to court under section 23.

23. General

South African law applies. You consent to the jurisdiction of the magistrate's court (Magistrates' Courts Act s45) or the Gauteng Division of the High Court, Pretoria. Notices: our address in section 1 is our domicilium. Invalid clauses are severed. This is the whole agreement.