TERMS · ECTA
Terms of service.
Last updated · 2026-05-25
These terms govern every engagement with Aitsa AI Integration(“Aitsa”, “we”, “us”, “our”). They sit alongside the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) and South African contract law generally.
By submitting the audit form, signing a proposal, or paying an invoice, you accept these terms.
1 · Who we are (ECTA Section 43 disclosure)
- Name: Aitsa AI Integration. Private company registration with the Companies and Intellectual Property Commission (CIPC) is in progress; this notice will be updated when CIPC issues the certificate.
- Place of business: North West Province, South Africa. We work remote-first with site visits when scope justifies it.
- Contact: [email protected].
- Tax status: VAT registration disclosed on each invoice. Invoices are issued in line with the Tax Administration Act, 2011.
2 · Who we work with
Aitsa engages only with businesses, South African owner-led teams and the people empowered to sign on their behalf. We do not contract with consumers in their personal capacity. By engaging us, you confirm you are acting in the ordinary course of a business.
3 · How an engagement starts
- You book the AI Process Audit (1 hour, remote-friendly).
- We send a written proposal that names: the scope, the deliverable, the timeline, the price in South African Rand (excluding VAT unless stated), and the systems we'll touch.
- You sign the proposal (or accept it in writing, email reply is fine) and pay the deposit named on the proposal.
- We start the build. Sprints are fixed-scope and fixed-price.
The proposal you sign overrides anything else if there's a conflict.
4 · Scope + scope changes
Each engagement is scoped explicitly. If you ask for work outside the agreed scope, we will:
- Stop, name the change, and quote it separately.
- Resume only after you confirm in writing (WhatsApp message, email, signed addendum).
We do not bill for scope changes you have not approved in writing.
5 · Pricing + payment
- Currency: South African Rand (ZAR).
- VAT: prices are excluding VAT unless the proposal specifies inclusive pricing.
- Payment terms: 30 days from invoice date unless agreed otherwise in writing.
- Late payment: interest may accrue at the prime overdraft rate published by the South African Reserve Bank, on amounts overdue more than 30 days.
- Disputed invoices: raise the dispute in writing within 7 days of receipt. We will pause invoicing on the disputed line, investigate, and return to you within 10 business days.
6 · Cancellation + scope adjustment
An engagement is a sprint: fixed scope, fixed price. If circumstances change before we've started work, we will reduce or cancel the engagement and bill only for time and materials already spent. If circumstances change mid-build, we will adjust scope to fit your reality, not cancel and walk away.
Because each sprint is bespoke and starts only after a written proposal, no cooling-off period under ECTA Section 44 applies (that section governs consumer electronic transactions for ready-made goods).
7 · What we deliver (and what we don't)
We deliver:
- The artefacts named in the proposal, typically: process documentation, workflow definitions, integration code where relevant, a runbook, and the agreed post-build handover.
- Source code or workflow definitions, owned by you on payment of the final invoice.
We do not deliver:
- Anything not named in the proposal (see scope changes above).
- Ongoing maintenance, unless managed optimisation is agreed separately after handover.
- Continuous monitoring of third-party system uptime unless explicitly included in the proposal. Those systems belong to their vendors.
8 · Intellectual property
- Your data + your systems remain yours, at all times.
- The deliverable, the workflows, code, runbook produced for you, transfers to you on payment of the final invoice.
- Our methodology, our discovery method, our internal templates, framework, and base components, remain ours. You receive a perpetual, non-exclusive licence to use them as part of the deliverable.
- We may reference the engagement (your sector + the type of build, not your name or proprietary detail) in marketing. If you want NDA-level confidentiality, name it in the proposal.
9 · Data + POPIA
When we process personal information on your behalf, for example, building an intake workflow that processes customer messages or documents, we act as your operator under POPIA Sections 20–21. We will:
- Process the information only for the purpose you have instructed.
- Apply the safeguards described in our privacy notice.
- Notify you of any security incident affecting your data, without unreasonable delay.
- Return or delete your data at the end of the engagement, on your instruction.
For larger engagements we sign a separate written Operator Agreement at no extra cost. Ask for the template in the proposal stage.
10 · Confidentiality
Each side undertakes to keep the other's non-public business information confidential, both during the engagement and for 3 years after it ends. This survives the engagement.
11 · Liability
- Our total liability for any claim arising from an engagement is limited to the value of the fees paid for that engagement in the 12 months preceding the claim.
- We are not liable for indirect, special, consequential, or punitive damages, including loss of profits, loss of business, loss of goodwill, or loss of data, even if we were warned the loss could occur.
- We are not liable for downtime or outages of third-party services (for example cloud platforms, business systems, automation platforms, booking tools, and hosting providers). Those are governed by their own service agreements.
- Nothing in these terms limits our liability for fraud, wilful misconduct, or anything that cannot be limited under South African law.
12 · Force majeure
Neither side is liable for delays caused by events outside reasonable control, including load-shedding, natural disasters, civil unrest, large-scale internet outages, or government action. We will keep you updated and resume work as soon as practical.
13 · Termination
Either side may terminate an engagement for material breach that the other side has failed to remedy within 14 days of written notice. On termination:
- Work in progress stops.
- We invoice for work completed up to the termination date.
- We hand over completed artefacts on payment of the final invoice.
- We delete or return your data per the privacy notice and Operator Agreement.
14 · Governing law
These terms, and every engagement covered by them, are governed by the law of the Republic of South Africa.
Each signed sprint proposal sets the specific dispute-resolution route, confidentiality terms, IP transfer milestones, and liability cap for that engagement, and incorporates these public terms by reference. If the proposal is silent on any of those points, the corresponding clause in these public terms applies.
15 · Changes to these terms
We will update these terms from time to time. The “Last updated” date at the top reflects the current revision. Material changes, for example, a change to liability or governing law, will be flagged on the homepage banner and emailed to active clients. The version of these terms that applies to a signed proposal is the one dated on or before that proposal's acceptance date.
16 · Severability
If any clause of these terms is found to be invalid or unenforceable, the rest of the terms remain in force.
17 · Entire agreement
These terms, together with the signed proposal and the privacy notice, are the entire agreement between us about the engagement. Anything said verbally or by email outside these documents is not part of the agreement unless it is recorded in a written addendum signed by both sides.