Terms of Service

1. Agreement

These Terms of Service govern your subscription to and use of HaulMetrix™-ERP, operated by Rephawk Pty Ltd. They apply together with our Terms of Use, Software Licence, POPIA Privacy Notice, Cookie Notice and Disclaimers & Waivers.

By creating an account, subscribing or using the Software you confirm that you have read and accept these terms, and that you are authorised to bind the organisation you represent. If you do not accept them, you must not use the Software.

2. Legal information (ECTA section 43 disclosure)

The following information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:

• Full name and legal status: Rephawk Pty Ltd, a private company registered in South Africa.
• Directors: CW Botha and EE Botha.
• Registration number: [Company registration number]. VAT number: [VAT registration number].
• Physical address for service of legal process: [Registered physical address, South Africa].
• Telephone: [Telephone number]. Email: [legal@yourdomain.co.za].
• Website: haulmetrix-erp.base44.app.
• We subscribe to no self-regulatory code of conduct in respect of this service.
• Complaints procedure: complaints may be sent to the email address above and will be acknowledged within 5 business days and resolved as soon as reasonably possible.
• Security procedures: access is credential-based over encrypted connections, and personal information is handled as described in our POPIA Privacy Notice.

3. Subscription, seats and fees

Subscriptions are sold per authorised user per billing period. Fees, billing cycle and any minimum seat commitment are those shown at the time of purchase.

Fees are payable in advance and exclude VAT unless stated otherwise. Prices may change on at least 30 days' notice, and the change applies from your next renewal.

Payments are processed by our third-party payment provider. We do not store your full card details. By subscribing you also accept the payment provider's terms.

If payment fails we may suspend access after reasonable notice. Amounts overdue may accrue interest at the prescribed rate.

4. Trials

A trial gives access for the stated period for evaluation only, without warranty and without service-level commitment. Trial data may be deleted at the end of the trial unless you convert to a paid subscription.

5. Your responsibilities

You are responsible for:

• the accuracy, quality and legality of the data you load into the Software;
• maintaining the confidentiality of your credentials and the security of your devices;
• obtaining any consent required from your own customers, drivers and employees before you load their personal information;
• complying with the law applicable to your business, including tax, labour, transport and data-protection law; and
• verifying every figure the Software produces before you rely on it, file it or send it to a third party.

6. Acceptable use

You may not use the Software to break the law, infringe rights, transmit malware, attempt to gain unauthorised access, interfere with other customers, send unsolicited communications in breach of POPIA, or upload content you have no right to upload. We may suspend access for a breach of this clause.

7. Availability, changes and support

We work to keep the Software available, but we do not warrant uninterrupted or error-free operation. We may perform maintenance, and we may add, change or withdraw features.

Support is provided by email during business hours. Support does not include custom development, data cleanup or statutory filing.

8. Data ownership and licence to us

You own the business data you load. You grant us a licence to host, process, back up and transmit that data solely to provide and support the Software, and to comply with law.

We may compile aggregated and de-identified statistics to operate and improve the Software. We will not disclose your identifiable business data to another customer.

9. Data export, retention and deletion

You may export your data at any time using the export functions in the Software. After termination we retain your data for 30 days to allow export, then delete or de-identify it, unless we are required by law to retain it longer.

10. Cancellation and refunds

You may cancel by giving us notice in writing before your next renewal date. Where the Consumer Protection Act 68 of 2008 applies to you as a consumer, you may cancel a fixed-term agreement at any time on 20 business days' written notice, and you remain liable for amounts due up to the date of cancellation.

Fees already paid for a period already used are not refundable. Where a cooling-off right applies under section 44 of ECTA, you may cancel within 7 days of the transaction.

11. Suspension and termination by us

We may suspend or terminate your access for non-payment, breach of these terms, unlawful use, or where required by law. Where practical we will give you notice and an opportunity to remedy the breach first.

12. Confidentiality

Each party will keep the other's confidential information confidential and use it only to perform under these terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.

13. Warranties and disclaimers

The Software is provided on an "as is" and "as available" basis. To the maximum extent permitted by law we disclaim all implied warranties, including fitness for a particular purpose and merchantability. See our Disclaimers document for the specific limits that apply to accounting, tax and AI-generated output.

14. Limitation of liability and indemnity

Our liability is limited as set out in our Waivers & Limitation of Liability document. You indemnify us against claims arising from your data, your use of the Software, or your breach of these terms.

15. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including power failures, network outages, or the failure of a third-party provider.

16. Notices

Notices to us must be sent to [legal@yourdomain.co.za]. Notices to you may be sent to the email address on your account, and are deemed received on the first business day after sending.

17. Governing law and disputes

These terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute through good-faith discussion, failing which the dispute will be referred to the competent courts of South Africa.

18. Changes to these terms

We may update these terms. Material changes will be notified by email or in the Software at least 14 days before they take effect. Continued use after that date constitutes acceptance.

19. General

If any provision is found unenforceable it will be severed and the rest will remain in force. These terms, together with the documents listed in clause 1, are the whole agreement between us. No indulgence granted by either party is a waiver of its rights.