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Accept Terms & Conditions

Terms & Conditions

JOLIBIZ MASTER SERVICE AGREEMENT

Effective Date: June 2024

This Master Service Agreement (“Agreement”) governs the access to and use of the JoliBiz platform, software, website, mobile applications and related services (“Platform”) provided by JoliBiz (together with its affiliates and licensors, “JoliBiz”, “we”, “us” or “our”). By registering for or using the Platform, you (“Customer”, “you”, “your”) agree to be bound by this Agreement. If you do not accept these terms, you must not access or use the Platform.

1. Definitions
“Account Data” means all data and information uploaded, entered or transmitted by you or on your behalf through the Platform. “Personal Data” means information relating to an identified or identifiable natural person as defined under the Protection of Personal Information Act 4 of 2013 (“POPIA”) and, where applicable, the EU General Data Protection Regulation (“GDPR”). “Confidential Information” means all non-public information disclosed by either party that is marked or otherwise understood to be confidential. “Services” means the functionality, hosting, processing and support provided by JoliBiz under this Agreement.

2. Scope and Acceptance
This Agreement constitutes the entire understanding between the parties with respect to the Platform. Where an order form or supplemental schedule is executed, its terms shall prevail to the extent of any inconsistency. Continued use of the Platform following any notification of updated terms constitutes acceptance of the revised Agreement.

3. Eligibility and Authority
You represent that you are at least eighteen (18) years old, or have parental consent if younger, and that you have the authority to bind the business entity you represent. You shall use the Platform solely for lawful commercial purposes.

4. Account Registration and Security
You shall provide complete and accurate registration details and maintain them up to date. You are solely responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify JoliBiz immediately of any suspected unauthorised use or security breach.

5. Licence and Use Restrictions
Subject to compliance with this Agreement, JoliBiz grants you a non-exclusive, non-transferable, revocable licence to use the Platform for your internal business operations. You shall not copy, modify, reverse engineer, distribute, resell, or make the Platform available to third parties except as expressly permitted. You shall not use the Platform to transmit unlawful, harmful or infringing material or to interfere with network integrity.

6. Fees and Payments
Certain features are provided on a paid subscription basis. Fees are payable in advance, non-refundable except as required by law or expressly agreed in writing, and exclusive of taxes. You authorise JoliBiz to charge applicable fees to your designated payment method. Late payments may result in suspension of access.

7. Ownership of Intellectual Property
All intellectual property rights in the Platform, including software, databases, designs, trademarks and documentation, remain the exclusive property of JoliBiz or its licensors. You acquire no rights other than the limited licence expressly granted. All feedback or suggestions you provide may be used by JoliBiz without restriction or compensation.

8. Data Ownership and Processing
You retain full ownership of Account Data. You grant JoliBiz a limited, worldwide, royalty-free licence to process Account Data solely for the purpose of providing, maintaining and improving the Platform and related services. JoliBiz acts as a “processor” (or “operator”) of Personal Data on your behalf, while you remain the “controller” (or “responsible party”) as defined by POPIA and GDPR. JoliBiz shall not sell, lease, or disclose Account Data except as necessary to deliver the Services or as required by law.

9. Data Protection and Privacy
JoliBiz shall process Personal Data in compliance with POPIA and, where applicable, GDPR. JoliBiz shall implement appropriate technical and organisational measures to safeguard Personal Data against unauthorised or unlawful processing, accidental loss, destruction or damage. These measures include encryption in transit and at rest, access controls, logging, staff confidentiality obligations and regular security reviews. Personal Data may be processed in or transferred to jurisdictions outside South Africa, provided that JoliBiz ensures equivalent protection through approved legal mechanisms or contractual clauses. JoliBiz may engage reputable subprocessors such as hosting, email or payment providers, subject to written agreements imposing data-protection obligations no less stringent than those herein.

10. Data Breach Protocol
In the event of any confirmed or suspected data breach or security incident involving Personal Data (“Data Breach”), JoliBiz shall without undue delay, and in any event within seventy-two (72) hours of becoming aware, notify you with relevant details. JoliBiz shall promptly take reasonable steps to mitigate harm, secure systems, and prevent recurrence. JoliBiz shall co-operate with you and relevant regulators as required by law. JoliBiz shall not be liable for loss, damage or unauthorised access arising from incidents beyond its reasonable control, including cyber-attacks, telecommunications failures or third-party service disruptions.

11. Acceptable Use and Conduct
You shall not use the Platform for any illegal, abusive, fraudulent or deceptive activity, including the distribution of malware, harassment, violation of privacy, or infringement of intellectual property rights. You shall not interfere with other users or with network functionality. JoliBiz reserves the right to suspend or terminate any account that violates this clause.

12. Confidentiality
Each party shall treat all Confidential Information received from the other as strictly confidential and shall not disclose it to any third party except as required for the performance of this Agreement or as mandated by law. The obligation of confidentiality survives termination for five (5) years or as long as the information remains confidential.

13. Service Levels and Availability
JoliBiz shall use commercially reasonable efforts to maintain availability of the Platform. Scheduled maintenance or circumstances beyond JoliBiz’s control may result in temporary interruptions, for which JoliBiz shall not be liable.

14. Warranties and Disclaimers
JoliBiz warrants that it will provide the Platform with reasonable skill and care in accordance with applicable industry standards. Except as expressly provided, the Platform is supplied “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for purpose or non-infringement. JoliBiz does not warrant that the Platform will be uninterrupted, error-free or immune from unauthorised access.

15. Limitation of Liability
To the fullest extent permitted by law, JoliBiz and its affiliates shall not be liable for any indirect, consequential, incidental or special damages, including loss of profit, revenue, goodwill, or data, even if advised of the possibility thereof. JoliBiz’s aggregate liability arising out of or in connection with this Agreement, whether in contract, delict, or otherwise, shall be limited to the total subscription fees paid by you during the three (3) months preceding the event giving rise to the claim. Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud, wilful misconduct or any other liability that cannot be limited by law.

16. Indemnities
You shall indemnify and hold harmless JoliBiz, its officers and employees against any third-party claims, losses, liabilities or expenses arising out of or in connection with (a) your use of the Platform in breach of this Agreement, (b) your Account Data, or (c) your violation of applicable law.

17. Suspension and Termination
JoliBiz may suspend or terminate your account immediately upon notice if you breach this Agreement, fail to pay fees, or your continued access would present a risk to the Platform or other users. You may terminate your subscription at any time through your account settings or written notice. Upon termination, access shall cease and JoliBiz shall retain Account Data only as required by law or legitimate business need, after which it will be securely deleted.

18. Force Majeure
Neither party shall be liable for delay or failure to perform obligations caused by circumstances beyond reasonable control, including natural disasters, acts of government, power outages, strikes, or network failures.

19. Insurance
JoliBiz maintains insurance coverage customary for a provider of software-as-a-service platforms, including cyber liability and professional indemnity insurance.

20. Governing Law and Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the courts of South Africa.

21. Notices
All legal or contractual notices shall be delivered by email to support@jolibiz.com or to the address associated with your account. Notices shall be effective upon confirmation of transmission.

22. Amendments
JoliBiz may amend this Agreement from time to time to reflect changes in law, functionality or policy. Updated versions will be posted on the Platform. Material amendments will be communicated in advance, and continued use constitutes acceptance of the amended Agreement.

23. Severability and Waiver
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force. No waiver of any term shall be deemed a continuing waiver unless agreed in writing.

24. Survival
Clauses concerning confidentiality, data protection, limitation of liability, indemnities, and intellectual property shall survive termination.

25. Contact Information
For general, technical, or legal enquiries, contact:
JoliBiz Support — Email: support@jolibiz.com — Website: www.jolibiz.com

Execution
By creating an account, accessing or using the Platform, you acknowledge that you have read, understood and agree to be bound by this Master Service Agreement.