Legal Agreement

Terms of Service

The terms and conditions governing your use of Jali Digital Solutions website and services.

Last Updated: January 2025

These Terms are governed by South African law, including the Companies Act, No. 71 of 2008, Consumer Protection Act, No. 68 of 2008, and the Electronic Communications and Transactions Act, No. 25 of 2002.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Jali Digital Solutions (Pty) Ltd ("Jali Digital Solutions", "we", "us", or "our"), a company registered under the Companies Act, No. 71 of 2008, governing your access to and use of our website at jalidigitals.com and all related services.

By accessing or using our website and services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must cease all use of our website and services immediately.

These Terms are subject to the Consumer Protection Act, No. 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECTA"), and the Protection of Personal Information Act, No. 4 of 2013 ("POPIA"). In the event of any conflict, the provisions of applicable South African legislation shall prevail.

2. Description of Services

Jali Digital Solutions provides integrated digital services through three primary divisions:

  • Corporate Division: Bookkeeping, financial administration, tax preparation, B-BBEE compliance, CIPC company registrations, payroll management, and corporate governance support.
  • ICT Division: Custom software development, web and mobile application development, cloud infrastructure, cybersecurity services, IT support, database management, and system integration.
  • Online Division: SaaS platforms including JDS Bookings, JDS Cerebra, JDS PathFinder, Virtual Tutor SA, JDS IMS, and digital learning tools.

The specific scope of services will be detailed in individual service agreements, quotations, or proposals provided to you. These Terms apply in addition to any specific service agreements.

3. User Obligations

By using our website and services, you agree to the following obligations:

  • You must be at least 18 years of age or have the consent of a parent or legal guardian to use our services.
  • You must provide accurate, complete, and current information when registering for or using our services.
  • You must not use our website or services for any unlawful, fraudulent, or harmful purpose.
  • You must not attempt to gain unauthorised access to our systems, networks, or data.
  • You must not reproduce, duplicate, copy, sell, or exploit any portion of our website or services without express written permission.
  • You must not transmit any viruses, malware, or other harmful code through our website or services.
  • You must comply with all applicable South African laws and regulations when using our services.
  • You must promptly notify us of any unauthorised use of your account or any breach of security.

4. Intellectual Property

All content, materials, designs, logos, trademarks, software, and intellectual property displayed on or used in connection with our website and services are the property of Jali Digital Solutions or our licensors and are protected under South African intellectual property law, including the Copyright Act, No. 98 of 1978, and the Trade Marks Act, No. 194 of 1993.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any of our intellectual property without our prior written consent.

Client Work Product

For custom software, designs, and other deliverables created for clients, intellectual property ownership will be governed by the specific service agreement. Unless otherwise agreed in writing, Jali Digital Solutions retains ownership of all pre-existing intellectual property, frameworks, and tools used in service delivery.

User Content

By submitting content to us (such as feedback, enquiries, or project materials), you grant us a non-exclusive, royalty-free licence to use such content for the purpose of providing our services. You retain ownership of your original content.

5. Payment Terms

Payment terms for our services are as follows:

  • All fees and charges will be set out in the applicable quotation, proposal, or service agreement.
  • Unless otherwise agreed, invoices are payable within 30 days of the invoice date.
  • All amounts are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.
  • We reserve the right to suspend or terminate services in the event of non-payment.
  • Late payments may attract interest at the rate prescribed by the Prescribed Rate of Interest Act, No. 55 of 1975.
  • Refunds, where applicable, will be processed in accordance with the Consumer Protection Act and the specific terms of your service agreement.

6. Limitation of Liability

To the fullest extent permitted by South African law, including the Consumer Protection Act, No. 68 of 2008:

  • Jali Digital Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our website or services.
  • Our total liability for any claim arising from or related to our services shall not exceed the total fees paid by you for the specific service giving rise to the claim in the 12 months preceding the event.
  • We do not warrant that our website or services will be uninterrupted, error-free, or free of viruses or other harmful components.
  • We are not liable for any loss or damage caused by circumstances beyond our reasonable control, including but not limited to load shedding, internet failures, or force majeure events.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable South African law, including liability for gross negligence or wilful misconduct.

7. Warranties and Disclaimers

Our website and services are provided on an "as is" and "as available" basis. While we strive to ensure accuracy and quality, we make no representations or warranties, express or implied, regarding:

  • The accuracy, completeness, or reliability of any content on our website.
  • The fitness of our services for a particular purpose.
  • The results that may be obtained from using our services.
  • The compatibility of our website with your hardware or software.

Any professional advice, including financial, legal, or tax advice provided through our Corporate Division services, is based on the information you provide and is not a substitute for independent professional advice. We recommend consulting independent professionals where appropriate.

8. Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act (POPIA).

By using our services, you consent to the processing of your personal information as described in our Privacy Policy. You may review our full Privacy Policy and POPIA Compliance Statement for detailed information about your rights as a data subject.

9. Termination

Either party may terminate the use of services as follows:

  • We may suspend or terminate your access to our website and services immediately if you breach any of these Terms.
  • You may discontinue use of our website at any time.
  • For contracted services, termination will be governed by the specific service agreement, including any applicable notice periods and fees.
  • Upon termination, your right to use our services ceases immediately. Any provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) shall continue in force.
  • We will handle your personal information upon termination in accordance with our Privacy Policy and POPIA requirements.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa.

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation, followed by mediation if necessary.

11. Amendments

Jali Digital Solutions reserves the right to amend these Terms at any time. Changes will be effective immediately upon posting on our website with an updated "Last Updated" date.

Your continued use of our website or services after any amendments constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

Where material changes are made that affect your rights under the Consumer Protection Act, we will provide reasonable notice via email or a prominent notice on our website.

12. General Provisions

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Jali Digital Solutions regarding your use of our website and services.
  • Waiver: No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.
  • Notices: Any notices required under these Terms shall be sent to the contact details provided below or to the email address associated with your account.

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

Jali Digital Solutions (Pty) Ltd

Pretoria East, Gauteng, South Africa

Have Questions About Our Terms?

Our team is available to clarify any aspect of these Terms of Service. Reach out to us for assistance.

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