Introduction
Subject to the terms of this Agreement, Info Docs (Pty) Ltd with registration number 2017/110492/07 (the "Company" or “InfoDocs”) will do our best to provide you (the "Customer") with the services we've advertised (the "Services").
By accessing or using our website, https://infodocs.co.za/ or any related platform or application (collectively, “the Platform”), or any of our Services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by InfoDocs.
These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using our Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
Services and Support
Services: InfoDocs provides company secretarial software services to businesses. We facilitate efficient management of corporate compliance, including maintaining statutory registers, filing annual returns, change in company particulars and resolutions, and ensuring adherence to relevant corporate governance requirements (“Services”). A comprehensive list of our services is available on the Platform.
Implementation Services: InfoDocs may from time to time provide onboarding, data migration, configuration, integration, training or other setup or customisation work to help you implement or optimise the Services at an additional cost, to be agreed upon before such services are provided.
Profile Creation: As part of getting started, you'll need to choose an administrative user name (email address) and password for your Company account.
Modification to the Services: We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental in nature. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities.
Disclaimer: The Services provided by InfoDocs are subject to the review, approval, and acceptance of the applicable regulatory authorities. InfoDocs makes no guarantees, representations, or warranties regarding the outcome or success of any application, filing, or process submitted on your behalf. You acknowledge and agree that any regulatory decisions are beyond InfoDocs’s control, and InfoDocs shall not be held liable for any delays, rejections, or adverse outcomes resulting from such regulatory processes.
Accurate Information: When using our Services you agree to provide accurate, authentic, current, and complete information and to update this information as and when it changes.
Warranty: By sharing personal data with us, you warrant that the persons using the Services have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information provided, and all the actions taken on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and process personal data.
Payment of Fees
You agree to pay the fees described on our Platform for the Services and Implementation Services (the “Fees”), according to the terms there.
If your use of the Services goes beyond the included Service capacity or otherwise requires extra fees, we’ll bill you for the additional usage and you agree to pay these fees as described here.
We may update our Fees or introduce new charges at any time, but we’ll always let you know at least thirty (30) days in advance (by email or otherwise) when we do. If you keep using the Services after a pricing change takes effect, that means you accept the new pricing. If you think we’ve made a billing mistake, please contact us within 60 days of the first statement showing the issue so we can sort it out. You can reach out to our customer support team with any questions.
We bill Customers via debit or credit card, with our payment due right away when making a purchase, renewing a subscription, or incurring additional charges. Please provide valid payment details when using our Platform. If a payment fails, we may automatically retry your payment method until the outstanding amount is collected.
We don’t store your card details ourselves, they are securely handled by our trusted Third Party Payment Gateway Provider (Peach Payments).
If payments are late, we may apply a finance charge of 2% per month (or the maximum allowed by law, whichever is lower). If payments remain outstanding, we will suspend or end your use of the Services.
You’re responsible for all taxes related to the Services, except for South African taxes based on our net income.
Restrictions and Responsibilities
By using the Platform and our Services, you warrant that -
you have read and agreed to these Terms and will use the Platform/Services in accordance with them;
you have not made any misrepresentations and the information provided about you or your company is true, accurate and complete in every aspect;
you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
you lawfully possess and submit all information to InfoDocs for the use of the Platform and the Services and hereby indemnify InfoDocs against any third-party claims that may arise due to the processing of the information shared by you with InfoDocs;
you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
you will not infringe the intellectual property or other rights of any third party or InfoDocs or transmit content that you do not own or do not have the right to publish or distribute;
you will not use the Platform for any commercial purpose other than as expressly provided for by InfoDocs herein;
you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
you will not facilitate or assist any third party to do any of the above,
failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing InfoDocs to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform and/or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
You'll need to make sure you have the equipment and services needed to connect to and use the Services, such as modems, hardware, servers, software, operating systems, networking, and web servers (collectively, “Equipment”). Please also keep your Equipment, account, passwords (including administrative and user passwords), and files secure, as you’re responsible for all activity on your account, whether or not you know about it.
Confidentiality
We both understand that we may share business, technical, or financial information with each other (called “Proprietary Information”). For the Company, this includes non-public details about the features, functionality, and performance of the Service. For you, it includes non-public data you provide to us so we can deliver the Services (“Customer Data”). We each agree to: (i) take reasonable care to protect this Proprietary Information, and (ii) not use it (except as needed to provide the Services or as otherwise allowed here) or share it with anyone else.
Third party any such Proprietary Information. The disclosing party agrees that these obligations don’t apply to information after five (5) years from disclosure, or to information that: (a) becomes public through no fault of the receiving party, (b) was already known to the receiving party before disclosure, (c) is rightfully received from another source without restriction, (d) is independently developed without using the disclosing party’s Proprietary Information, or (e) must be disclosed by law.
Messages and Hyperlinks
Data Messages between You and InfoDocs
Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages.
Data messages we send to you will be regarded as received when the data message enters your email server inbox or internal Platform messaging inbox and is capable of being retrieved and processed by you.
We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
Hyperlinks, Deep Links, Framing
The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
Intellectual Property Rights
Platform IP: All Platform and software layout, Platform and software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by InfoDocs, our shareholders, directors, and/or affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
Customer IP: You own all rights, title, and interest in your Customer Data and Intellectual Property you provide to us, as well as any data based on or derived from your Customer Data that we provide to you as part of the Services but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.
Analytical Data: To help us improve our Services, we may collect and analyse data and other information related to how the Services and related systems are used (including information about Customer Data and data derived from it). We may use this information to enhance our Services and for development, diagnostic, and corrective purposes, and may share such data only in aggregate or de-identified form. No rights or licenses are granted except as specifically stated here.
You may not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise try to discover the source code, object code or underlying structure, ideas, know-how or algorithms related to the Services or any software, documentation or data related to the Services (“Software”);
modify, translate, or create derivative works based on the Services or any Software (unless the Company has given you express permission or it's allowed within the Services);
use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or InfoDocs are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or to suspend or terminate the Platform at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. InfoDocs disclaims all liability related to any third-party components utilised in the Services. You acknowledge that InfoDocs is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP.
User License: Subject to adherence to the Terms, InfoDocs grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine within your network. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
Publicity: You are permitted to publicly state that you are a client of InfoDocs and to display InfoDocs branding in connection with your use of the Services. You agree that we may include your company name or branding in a list of InfoDocs clients, online or in promotional materials and that we may also verbally reference you as a client of InfoDocs. Any use of a party’s intellectual property and branding will inure to the benefit of the party holding intellectual property rights to such branding. A party may revoke the other party’s right to use its intellectual property under this clause by written notice providing a reasonable notice period within which to stop use of such intellectual property.
Term and Termination
Unless ended earlier as described below, these Terms commence with the subscription you choose at purchase (for example, one (1) month for monthly subscriptions, one (1) year for annual subscriptions, or as applicable for Pay As You Go services), and will automatically renew for the same length of time (the “Term”), unless either of us gives written notice at least thirty (30) days before the end of the current Term.
Either of us can end these Terms with thirty (30) days’ notice, or right away if there’s a non-payment), or if the other party seriously breaches any of these Terms.
Where these Terms are terminated, you will need to pay for the Services up to and including your last day of access. Following termination, we will make your Customer Data available for you to download for thirty (30) days, after which we may delete it.
Any section of these Terms that are meant to continue after termination (like payment, confidentiality, warranty disclaimers, and limits on liability) will still apply.
Warranty and Disclaimer
We’ll do our best to keep the Services running smoothly and minimise any errors or interruptions, and we will perform the Services in a professional and friendly manner. Sometimes, Services may be unavailable for scheduled or emergency maintenance (by us or our third-party providers), or due to things beyond our control, but we’ll try to give you advance notice whenever possible.
Please note, though, that we can’t guarantee the Services will always be uninterrupted or error-free, or that you’ll achieve specific results from using them. Except as specifically stated here, the Services and Implementation Services are provided “VOETSTOOTS” (as is), and we disclaim all other warranties, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.
No advice or information, whether oral or written, obtained by you from InfoDocs or through or from the Platform shall create any warranty not expressly stated in these Terms.
We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components.
To the maximum extent permitted by applicable law, InfoDocs, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.
You expressly acknowledge and agree that InfoDocs is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.
Limitation of Liability
You agree to indemnify, defend, and hold InfoDocs, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) to the extent arising from your use of the Platform and Services and/or breach of these Terms, except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of InfoDocs or its representatives.
The total aggregate liability of InfoDocs for any and all claims arising out of or related to these Terms shall not exceed the total fees actually paid by you to InfoDocs for the Services in the twelve (12) months immediately preceding the event giving rise to the liability, even if we were advised such damages might occur.
Dispute Resolution
Negotiation: Should any dispute, disagreement or claim arise between you and InfoDocs concerning the use of the Platform or Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by InfoDocs.
Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
Notices
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
in the case of InfoDocs, at https://support@infodocs.co.za/; or
in the case of the user, at the e-mail, cellphone number, and/or address provided when contacting with us.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
Company Information
Site owner: Info Docs (Pty) Ltd
Legal status: Private Company
Registration number: 2017/110492/07
Description of business: Software as a Service
Platform address: https://infodocs.co.za/
Email address: support@infodocs.co.za
Telephone number: (060) 828-5384
Registered address: 32 Kloof Street, Cape Town, 8001
Postal address: As above.
Miscellaneous
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.
Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.
No Indulgence: No indulgence, leniency or extension of time granted by InfoDocs shall constitute a waiver of any of InfoDocs’ rights under these Terms and, accordingly, InfoDocs shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform, any downloaded material from it and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions above.