Terms of Service

1. Acceptance of Terms

By accessing or using any T-ERP Technologies product or service, including the T-ERP web platform, the T-ERP Driver App, the T-ERP Manager App, the T-ERP Support AI assistant, or the T-ERP website at www.t-erp.co.za, you agree to be bound by these Terms of Service and our Privacy Policy.

If you are accessing T-ERP on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. In that case, "you" and "your" refer to that organisation.

2. Definitions

3. Our Services

T-ERP Technologies provides a comprehensive enterprise resource planning platform designed for logistics, mining, construction, and industrial companies. The Platform includes the following modules and capabilities:

The specific modules and features available to you depend on your subscription plan. T-ERP Technologies reserves the right to modify, add, or remove features from the Platform with reasonable notice to Clients.

4. Account Registration and Security

To access the T-ERP Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your login credentials confidential and not share them with any third party
• Notify T-ERP Technologies immediately of any unauthorised access to your account
• Be responsible for all activity that occurs under your account
• Ensure that all Users under your account comply with these Terms

T-ERP Technologies reserves the right to suspend or terminate accounts where we have reason to believe that account security has been compromised or that these Terms have been violated.

5. Subscription and Payment

5.1 Subscription Plans

Access to the T-ERP Platform is provided on a subscription basis. Subscription fees, billing cycles, and included features are set out in your subscription agreement or order form. Pricing is quoted in South African Rand (ZAR) unless otherwise agreed.

5.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis as agreed
• Payment is due within 30 days of invoice date unless otherwise agreed in writing
• Late payments may incur interest at the rate prescribed by the Prescribed Rate of Interest Act
• T-ERP Technologies reserves the right to suspend access for accounts with overdue payments after reasonable notice
• All fees are exclusive of VAT, which will be added at the applicable rate

5.3 Refunds

Subscription fees are non-refundable except where required by applicable South African consumer protection law, or where T-ERP Technologies has materially failed to deliver the agreed services. Refund requests must be submitted in writing within 30 days of the relevant billing date.

5.4 Price Changes

T-ERP Technologies may adjust subscription pricing with at least 60 days written notice. Price changes will take effect at the start of your next subscription renewal period.

6. Acceptable Use Policy

You agree to use the T-ERP Platform only for lawful business purposes and in accordance with these Terms. You must not:

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Intellectual Property

7.1 T-ERP Intellectual Property

The T-ERP Platform, including all software, code, algorithms, user interfaces, designs, logos, trademarks, documentation, and all other content created by T-ERP Technologies, is the exclusive intellectual property of T-ERP Technologies (Pty) Ltd and is protected by South African and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the subscription term. No other rights are granted.

7.2 Client Intellectual Property

You retain all intellectual property rights in your Client Data. By submitting Client Data to the Platform, you grant T-ERP Technologies a limited licence to process, store, and use that data solely for the purpose of providing the Services to you.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant T-ERP Technologies a perpetual, irrevocable, royalty-free licence to use that feedback to improve our products and services without any obligation to you.

8. Data Ownership and Portability

8.1 Your Data Belongs to You

All Client Data submitted to the T-ERP Platform remains your property at all times. T-ERP Technologies does not claim ownership of your data and will not use it for any purpose other than providing the Services to you.

8.2 Data Export

You may export your Client Data from the Platform at any time during your subscription. T-ERP Technologies provides data export functionality in standard formats. We do not impose vendor lock-in and will assist with data migration upon request.

8.3 Data After Termination

Upon termination of your subscription, T-ERP Technologies will:

• Provide you with a 30-day window to export your Client Data
• Retain your data for a further 60 days after the export window closes, in case of dispute
• Securely delete or anonymise your Client Data after the retention period, unless required by law to retain it
• Provide written confirmation of data deletion upon request

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms ("Confidential Information"), and to use such information only for the purposes of performing obligations or exercising rights under these Terms.

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party before disclosure
• Is independently developed by the receiving party without use of the Confidential Information
• Is required to be disclosed by law, court order, or regulatory authority

Confidentiality obligations survive termination of these Terms for a period of 5 years.

10. Service Availability and Support

10.1 Uptime Commitment

T-ERP Technologies targets 99.9% platform availability, measured monthly, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 48 hours in advance and will be performed during off-peak hours where possible.

10.2 Support

Technical support is available during business hours (Monday to Friday, 08:00 to 18:00 SAST) via email at tech@t-erp.co.za. Emergency support for critical system outages is available 24/7 for active subscribers.

10.3 Planned Maintenance

T-ERP Technologies may perform planned maintenance that temporarily affects Platform availability. We will provide advance notice and aim to minimise disruption to your operations.

10.4 No Warranty of Uninterrupted Service

While we strive for high availability, T-ERP Technologies does not warrant that the Platform will be uninterrupted, error-free, or free from security vulnerabilities. The Platform is provided "as is" and "as available" to the extent permitted by applicable law.

11. Limitation of Liability

11.1 Exclusion of Consequential Loss

To the maximum extent permitted by applicable South African law, T-ERP Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, arising out of or in connection with your use of the Platform, even if T-ERP Technologies has been advised of the possibility of such damages.

11.2 Cap on Liability

T-ERP Technologies' total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of the Platform shall not exceed the total subscription fees paid by you to T-ERP Technologies in the 12 months immediately preceding the event giving rise to the claim.

11.3 Exceptions

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable South African law
• Wilful misconduct or gross negligence

12. Indemnification

You agree to indemnify, defend, and hold harmless T-ERP Technologies and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property rights
• Any Client Data you submit to the Platform that violates applicable law or third-party rights
• Your failure to comply with POPIA or other applicable data protection laws in your use of the Platform

13. Termination

13.1 Termination by You

You may terminate your subscription at any time by providing written notice to T-ERP Technologies. Termination will take effect at the end of your current billing period. No refunds will be issued for the remaining portion of a prepaid subscription period, except as required by law.

13.2 Termination by T-ERP Technologies

T-ERP Technologies may terminate or suspend your access to the Platform:

• Immediately, if you materially breach these Terms and fail to remedy the breach within 14 days of written notice
• Immediately, if you engage in fraudulent activity, illegal conduct, or conduct that poses a security risk
• With 30 days written notice, for any reason at our discretion
• Immediately, if you fail to pay subscription fees after 30 days of a payment being overdue

13.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. T-ERP Technologies will provide a 30-day data export window as described in Section 8.3. Provisions of these Terms that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and governing law) will continue to apply.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• The Companies Act 71 of 2008
• The Electronic Communications and Transactions Act 25 of 2002 (ECT Act)
• The Protection of Personal Information Act 4 of 2013 (POPIA)
• The Consumer Protection Act 68 of 2008 (where applicable)
• The National Credit Act 34 of 2005 (where applicable)

14.2 Jurisdiction

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

14.3 Dispute Resolution

Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation before a mutually agreed mediator. If mediation fails, either party may pursue legal remedies through the South African courts.

15. Changes to These Terms

T-ERP Technologies may update these Terms of Service from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify active subscribers via email at least 30 days before changes take effect
• Display a notice within the Platform
• For significant changes, require acknowledgement before continued use

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform and may terminate your subscription.

16. Contact Us

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