Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Deluxify (Pty) Ltd (“Deluxify”, “we”, “us”), a private company registered in South Africa. By engaging our services, accessing our website, or making a booking, you agree to be bound by these Terms.

These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 (CPA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Protection of Personal Information Act 4 of 2013 (POPIA).

Deluxify provides the following technology and AI services:

• AI Strategy & Consulting
• AI Automation and workflow design
• AI Chatbots and Virtual Agents
• Web, App, and SaaS Development
• Branding, SEO, and Digital Marketing
• Managed IT and Cloud Infrastructure
• AI Training and Upskilling

Specific deliverables, timelines, and pricing are agreed in a separate Statement of Work (SOW) or project proposal for each engagement.

You must be at least 18 years old and legally authorised to enter into contracts under South African law. If acting on behalf of a company, you warrant that you have authority to bind that entity.

You are responsible for maintaining the confidentiality of any login credentials and for all activities conducted under your account.

When you book a Strategy Session, a R 500 deposit is required to confirm your slot. This deposit is:

• Fully refundable if cancelled at least 24 hours before the scheduled session
• Non-refundable for cancellations made less than 24 hours before the session (unless due to Deluxify's fault)
• Applied as a credit toward any paid services you engage following the session

In accordance with Section 17 of the CPA (right to cancel advance booking), you may cancel a confirmed booking subject to a reasonable cancellation fee as described above.

All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise.

• Invoices are payable within 7 days of issue unless otherwise agreed
• Late payments may attract interest at the rate prescribed under the National Credit Act 34 of 2005
• We reserve the right to suspend services for accounts overdue by more than 14 days
• Refunds are issued within 5–7 business days where applicable

Nothing in these Terms limits or waives any rights you may have under the Consumer Protection Act 68 of 2008. These include:

• The right to fair, honest, and reasonable dealing
• The right to disclosure and information (Section 22)
• The right to fair and responsible marketing (Section 29)
• The right to fair terms and conditions in consumer agreements (Section 48)
• The right to quality service performed with reasonable care and skill (Section 54)
• The right to lodge complaints with the National Consumer Commission at thencc.org.za

• All deliverables created specifically for you and fully paid for become your property upon payment
• All underlying frameworks, tools, and pre-existing IP remain the property of Deluxify
• We grant you a non-exclusive licence to use any Deluxify IP embedded in your deliverables solely for your business purposes
• You grant us a limited licence to use your brand and project outcomes for portfolio purposes, unless you opt out in writing

Both parties agree to keep confidential any proprietary or sensitive information shared during an engagement. This obligation survives termination for a period of 3 years.

To the maximum extent permitted by South African law (and subject to the CPA):

• Deluxify's total liability is limited to the fees paid by you in the 3 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages, including lost profits or data loss
• We make no warranty that AI outputs will be error-free or suitable for all regulatory purposes without human review

These limitations do not apply to liability arising from gross negligence, fraud, or any liability that cannot be excluded under the CPA.

Either party may terminate an ongoing engagement with 30 days' written notice. Deluxify may terminate immediately where you breach these Terms and fail to remedy the breach within 7 days. Upon termination, all outstanding fees become immediately payable.

• Contact us first at hello@deluxify.co.za, most issues can be resolved within 5 business days
• If unresolved, either party may refer the matter to mediation under the auspices of the Arbitration Foundation of Southern Africa (AFSA)
• Consumer disputes may also be referred to the National Consumer Commission or the Consumer Goods and Services Ombud (CGSO)
• These Terms are governed by the laws of the Republic of South Africa and subject to South African court jurisdiction

In accordance with the Electronic Communications and Transactions Act 25 of 2002, communications sent electronically are legally valid and binding. Our registered physical address for service of legal process is: Deluxify (Pty) Ltd, Bloemfontein, Free State, South Africa.

We will notify existing clients of material changes by email or through a prominent notice on our website at least 14 days before changes take effect. Continued use of our services after the effective date constitutes acceptance.