Terms and Conditions
Terms and Conditions
PLACEHOLDER: These terms apply between [LEGAL COMPANY NAME], registration number [REGISTRATION NUMBER], VAT number [VAT NUMBER] ("YeboSmart", "we", "us") and the person or business that creates an account, orders or uses our services ("you", "the customer"). By ticking the box when you order, and by using the service, you accept these terms. Please read them together with our Privacy Policy.
1. Your account
PLACEHOLDER: You need an account to order and manage your subscription. You must give correct information and keep it up to date, keep your login details safe and tell us at once if you think someone else has used them. You are responsible for what is done with your account. If you order for a business, you confirm that you may bind that business to these terms.
2. The service: apps, users and companies
PLACEHOLDER: YeboSmart provides business software as a subscription. Your subscription is made up of the apps you choose, the number of users, the companies you want set up and the billing period (monthly or yearly) shown on your order.
- The main app, YeboSmart Business, is always included and covers [NUMBER, currently 1] user. Every extra user is charged per user per month at the price shown at checkout.
- Other apps are charged per user, except apps that allow quantities (for example terminals), which are charged by their own quantity.
- Each user needs their own login. Logins may not be shared.
- You tell us the companies (and their business type, registration and VAT numbers) to set up. You must make sure those details are correct. [LIMITS ON NUMBER OF COMPANIES].
- The price list on our website at the time of your order applies to that order.
3. Prices, billing and payment through PayFast
PLACEHOLDER: All prices are in [CURRENCY] and [INCLUDE / EXCLUDE] VAT. We invoice in advance for each billing period. Payments are made through PayFast, a third-party payment provider. When you pay you also set up a recurring PayFast payment so that each renewal is collected automatically. We never see or store your full card details; they are handled by PayFast under its own terms.
- You authorise us and PayFast to collect each renewal amount until you cancel.
- Amounts shown at checkout are the amounts we will collect. We may change prices and the apps on offer with [NUMBER] days written notice. A change applies from your next renewal.
4. Monthly and yearly billing
PLACEHOLDER: Monthly plans are billed every month on the same day. Yearly plans are billed once for twelve months and may carry a yearly discount shown at checkout. The discount applies for the yearly period you paid for and is not refunded if you cancel part-way through the year, unless [YOUR RULE].
5. Changes during the subscription (pro-rata)
PLACEHOLDER: If you add users or apps part-way through a billing period, we charge the extra amount pro-rata for the days left in that period, and the new amount applies from the next renewal. If you remove users or apps, the change takes effect at the next renewal and no refund is given for the current period, unless [YOUR RULE]. The number of users cannot go below the users included in the main app.
6. Failed payment, grace period and pause
PLACEHOLDER: If a payment fails we will try to collect it again and tell you. Your subscription then enters a grace period of 7 days, during which the service keeps working. If the payment is still not received when the grace period ends, we pause the subscription: the service is switched off but your data is kept (see clause 8). You can resume by paying the amount due. Late payment may attract interest at [RATE] as allowed by law.
7. Cancellation and refunds
PLACEHOLDER: You may cancel at any time from your account or by writing to [SUPPORT EMAIL]. Cancellation takes effect at the end of the billing period that has already been paid for, and the recurring PayFast payment is stopped. We do not refund periods that have started, except where the law requires it or where [YOUR REFUND RULE, e.g. a first-month money-back guarantee]. We may suspend or cancel your subscription if you seriously breach these terms, with notice where reasonably possible.
8. Your data, ownership, export and archive
PLACEHOLDER: You own the business data you put into the service. We only use it to give you the service and as set out in our Privacy Policy. You can ask for an export of your data at any time, including during the archive period.
- When a subscription is paused or cancelled we archive your database and do not delete it straight away. The archive is kept for a retention period of [NUMBER] days so that you can come back or ask for an export.
- After the retention period we may permanently remove the archive, unless the law requires us to keep it for longer.
- We make regular backups, but you remain responsible for checking that your data is correct.
- Demo and trial databases may be deleted after [NUMBER] days of inactivity.
9. Acceptable use
PLACEHOLDER: You must not use the service to break the law, to send spam, to infringe other people's rights, to attack or overload our systems or anyone else's, to try to access other customers' data, or to resell the service without our written permission. We may suspend a service that puts other customers or our systems at risk.
10. Availability and support
PLACEHOLDER: We aim to keep the service available but we do not promise uninterrupted service. Planned maintenance will be announced where possible. Support is available through [SUPPORT CHANNELS AND HOURS].
11. Intellectual property
PLACEHOLDER: The software, the YeboSmart name and logo and our documentation belong to us or our licensors. You get a right to use the service while your subscription is active. The open-source components we use remain under their own licences. Logos and other material you upload remain yours, and you allow us to use them to run your service.
12. Liability
PLACEHOLDER: To the extent allowed by law, our total liability to you for any claim is limited to the amount you paid us in the [NUMBER] months before the claim, and we are not liable for indirect or consequential loss. Nothing in these terms limits any right you have under the Consumer Protection Act, 2008 where it applies.
13. Privacy and personal information (POPIA)
PLACEHOLDER: We process personal information in line with the Protection of Personal Information Act, 2013 (POPIA) and our Privacy Policy. Where you put personal information of your own customers or staff into the service, you are the responsible party and we act as your operator. [A DATA PROCESSING AGREEMENT MAY BE NEEDED].
14. Electronic communication
PLACEHOLDER: You agree that we may communicate with you, and send invoices and notices, by email and through the website, as allowed by the Electronic Communications and Transactions Act, 2002.
15. Changes to these terms
PLACEHOLDER: We may update these terms from time to time. The version number and date at the top of this page show which version applies, and we tell you about important changes. When you order we record which version you accepted.
16. Governing law and disputes
PLACEHOLDER: These terms are governed by the laws of the Republic of South Africa. The courts of [PROVINCE / DIVISION] have jurisdiction. [OPTIONAL: Disputes will first be referred to mediation or arbitration.]
17. Contact
PLACEHOLDER: Questions about these terms: [SUPPORT EMAIL], [PHONE], [POSTAL ADDRESS].