Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PRESTIGE ("we", "us", or "our") governing your access to and use of our website, products, and services.

By accessing or using our website, creating an account, or purchasing any of our digital products, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms are governed by the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Consumer Protection Act 68 of 2008 (CPA) of South Africa.

2. Supplier Information

In compliance with Section 43 of ECTA, we provide the following information:

3. Products and Services

We provide digital products including but not limited to:

• Automation Workflows: Pre-built automation templates
• AI Bots: RAG bots, chatbots, and AI assistant templates
• Marketing Templates: Landing pages, email templates, and funnel kits

All products are delivered digitally via instant download or portal access upon successful payment confirmation.

4. Pricing and Payment

4.1 Pricing

• All prices are displayed in South African Rand (ZAR)
• Prices include VAT where applicable
• Prices are subject to change without notice for future purchases
• The price at the time of purchase will be honoured

4.2 Payment Methods

Payments are processed securely through Payfast, a PCI-DSS compliant South African payment gateway. We accept:

• Credit and debit cards (Visa, Mastercard)
• Instant EFT
• SnapScan
• Mobicred

4.3 Payment Security

In accordance with ECTA Section 43(5), we utilise a payment system that is sufficiently secure with reference to accepted technological standards. Your payment details are processed directly by Payfast and are never stored on our servers.

5. Digital Product License

Upon successful purchase, you are granted a limited, non-exclusive, non-transferable license to use the digital product(s) subject to the following terms:

5.1 Permitted Uses

• Use the product for personal or commercial projects
• Modify the product for your own use
• Use the product for client work (where applicable)

5.2 Prohibited Uses

• Resell, redistribute, or share the product with others
• Include the product in any collection or marketplace for sale
• Claim authorship of the original product
• Use the product for illegal or harmful purposes
• Remove or alter any copyright notices

6. Free Trial, Cancellation, and Consumer Rights

6.1 Free Trial

All desktop software products include a 14-day free trial with full feature access. No payment is required during the trial period. We encourage you to evaluate the product thoroughly before purchasing.

6.2 Digital Download Policy

Due to the nature of digital products, once a license key has been delivered and the product activated:

• The product is considered delivered and accepted
• The statutory cooling-off period under ECTA Section 44 no longer applies

By activating a license key, you acknowledge that you have had the opportunity to evaluate the product via the free trial and waive your right to cancel under ECTA Section 44.

6.3 Defective Products (CPA Section 56)

If a digital product is defective or does not function as described, you have the statutory right to request:

• A corrected version of the product
• Replacement with an equivalent product
• A refund (for genuinely defective products only)

These statutory rights may be exercised within 6 months of purchase. Contact us at support@prestigeweb.co.za with proof of the defect.

6.4 Subscription Cancellation

For subscription products, you may cancel at any time through your account dashboard. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless cancelled before the renewal date. You will receive a reminder email at least 7 days before renewal.

Price Changes: We may adjust subscription pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing. You may cancel before the effective date if you do not accept the change.

Data After Cancellation: Upon cancellation, your account data (including any vault contents for RealLegacy) will be retained for 90 days in a read-only state. During this period you may request a data export. After 90 days, data will be permanently deleted in accordance with our Privacy Policy retention schedule.

Data Export: You may request a complete export of your stored data at any time via your account dashboard or by emailing info@prestigeweb.co.za. Exports are provided in standard formats (JSON/CSV) within 7 business days.

7. Cooling-Off Right

In accordance with Section 44 of the Electronic Communications and Transactions Act (ECTA) and Section 16 of the Consumer Protection Act (CPA), you have the right to cancel an electronic transaction without reason or penalty within 7 (seven) business days of concluding the agreement.

To exercise your cooling-off right, email us at info@prestigeweb.co.za with your order number and a clear statement that you wish to cancel.

8. Delivery

In accordance with ECTA Section 43:

• Delivery Method: Digital download via secure portal
• Delivery Time: Instant upon payment confirmation
• Access Period: Indefinite for one-time purchases; duration of subscription for subscription products

You will receive an email with download links and portal access instructions upon successful payment.

9. Transaction Records

You may access your complete transaction history, including order confirmations and download records, through your account dashboard at any time. We recommend keeping copies of all transaction confirmations for your records.

10. Intellectual Property

All content on this website and in our products, including but not limited to text, graphics, logos, code, and digital assets, is the property of PRESTIGE and is protected by South African and international copyright laws.

Your purchase grants you a license to use the product as specified in Section 5, but does not transfer ownership of the intellectual property.

11. User Accounts

When you create an account, you agree to:

• Provide accurate and complete registration information
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access

We reserve the right to suspend or terminate accounts that violate these Terms.

12. Prohibited Use

When using our website, products, or services, you may not:

• Use our services for any illegal purpose or in violation of any applicable local, national, or international law
• Attempt to gain unauthorised access to any part of our services, systems, or networks, which constitutes an offence under the Cybercrimes Act 19 of 2020
• Interfere with or disrupt the operation of our services, servers, or networks connected to our services
• Reverse-engineer, decompile, or disassemble any of our products beyond what is expressly permitted by applicable law
• Use automated systems, bots, scrapers, or similar technology to access or extract content from our website or services without prior written consent
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity

Violation of these prohibitions may result in immediate termination of your account and access to our services, and may be reported to the relevant authorities under the Cybercrimes Act 19 of 2020 and other applicable legislation.

13. Limitation of Liability

To the maximum extent permitted by law:

• Our products are provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid for the product
• We are not responsible for any loss of profits, data, or business opportunities

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including the CPA.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to:

• Load-shedding and power outages
• Natural disasters (floods, earthquakes, storms)
• Pandemics or epidemics
• Cyberattacks or widespread internet disruptions
• Critical infrastructure failures
• Government actions, regulations, or sanctions
• Civil unrest, strikes, or industrial action

The affected party must notify the other party within 7 (seven) days of becoming aware of the force majeure event. If the event continues for more than 90 days, either party may terminate the affected obligations by written notice.

15. Dispute Resolution

In the event of a dispute:

1. Informal Resolution: Contact us first at info@prestigeweb.co.za to attempt informal resolution
2. Mediation: If informal resolution fails within 30 days, either party may refer the dispute to mediation administered by AFSA (Arbitration Foundation of Southern Africa) or another mutually agreed mediator. Mediation costs shall be shared equally between the parties.
3. Consumer Goods and Services Ombud: If mediation does not resolve the dispute, you may refer the matter to the CGSO at www.cgso.org.za
4. Legal Proceedings: Any legal proceedings shall be governed by South African law and subject to the exclusive jurisdiction of the South African courts

16. Revision Policy

Revision limits vary by package:

• Starter packages: Up to 2 revisions
• Business packages: Up to 5 revisions
• Enterprise packages: Up to 10 revisions

A revision is defined as a set of requested changes submitted together. Additional revisions beyond the package limit are available at R900/hour (or USD equivalent at prevailing rate).

17. Workflow Definitions

17.1 Simple Workflow (Starter)

A single automation with one trigger and up to 5 sequential steps. Connects 1 external service.

Example: Form submission → send email notification → log to spreadsheet.

17.2 Multi-Step Workflow (Business)

An automation with up to 15 steps, including conditional logic, multiple triggers, or branching paths. Connects up to 3 external services.

Example: New order → check inventory → update CRM → send confirmation → notify warehouse.

17.3 Complex Workflow (Enterprise)

Advanced automation suites with unlimited steps, multiple workflows, API integrations, error handling, retry logic, and custom scripting. Unlimited service connections.

Example: Full business process automation across multiple departments and systems.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice before material changes take effect, via email or prominent notice on our website. Non-material changes (such as formatting or clarification) may take effect upon posting.

Continued use of our services after the notice period constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

19. 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 Electronic Communications and Transactions Act 25 of 2002 (ECTA), the Consumer Protection Act 68 of 2008 (CPA), and the Protection of Personal Information Act 4 of 2013 (POPIA), subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and PRESTIGE regarding the use of our services. They supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter herein.

22. Contact Us

If you have any questions about these Terms, please contact us at info@prestigeweb.co.za.