Website Terms & Conditions

01Introduction and Company Information

1.1. These Terms and Conditions (“Terms”) govern your access to and use of the website operated by Kimbo Tech Labs (Pty) Ltd (“Company”, “we”, “us”, or “our”), as well as any inquiries, consultations, proposals, or engagements initiated through this website or via direct communication.

1.2. Kimbo Tech Labs (Pty) Ltd is a private company incorporated in accordance with the laws of the Republic of South Africa, specialising in digitisation, automation, and Zoho One implementation and consulting services.

02Acceptance and Applicability

2.1. By accessing, browsing, or using this website, submitting an inquiry form, accepting a proposal or quote, or booking a consultation, you (“User”, “Client”, or “you”) agree to be bound by these Terms and our embedded Data Protection / POPIA Notice.

2.2. If you enter into a formal engagement with the Company for professional services, such engagement will be governed by these Terms alongside any written proposal, quote, or acceptance confirmed in writing (including via email). In the event of a conflict between these general website Terms and a specific accepted proposal or quote, the specific written terms of that accepted proposal or quote shall prevail to the extent of the conflict.

03Website Use and Acceptable Conduct

3.1. You agree to use this website solely for lawful purposes in accordance with South African law.

3.2. You shall not:

• Transmit or upload any material that contains viruses, trojans, worms, or any other harmful code.
• Attempt to gain unauthorised access to our systems, website servers, or connected databases.
• Use automated scrapers, bots, or data-mining tools on this website without our express written permission.
• Submit false, misleading, or fraudulent contact details or inquiries.

04Intellectual Property Rights

4.1. Website Content: All content, designs, logos, text, software code, graphic elements, and materials published on this website are the intellectual property of the Company or its licensors and are protected under South African and international intellectual property laws.

4.2. Company Methodology: The Company retains sole ownership of all pre-existing proprietary methods, tools, scripts, templates, workflows, and know-how used or displayed on the website or utilised during service delivery.

4.3. Client Deliverables: Custom deliverables created specifically for a Client pursuant to an accepted proposal or engagement become the Client’s property upon full payment of all fees due.

4.4. Third-Party Trademarks: All trademarks, service marks, and intellectual property relating to Zoho products and the Zoho suite remain the exclusive property of Zoho Corporation Pvt. Ltd. Kimbo Tech Labs (Pty) Ltd is an independent consultancy and implementation service provider.

05Professional Services and Engagements

5.1. The Company provides consulting, configuration, customisation, integration, training, and support for Zoho One and related business automation systems.

5.2. Website inquiries, automated estimates, or informational materials do not constitute binding offers. Services are rendered strictly in accordance with an agreed proposal, quote, or written acceptance by the Client.

5.3. Any modifications, additions, or scope expansions requested after agreement must be approved in writing and may incur additional charges or schedule revisions.

06Fees, Software Licences, and Payments

6.1. Service Fees: All rates quoted on the website, in proposals, or in estimates are exclusive of Value Added Tax (VAT) unless explicitly stated otherwise.

6.2. Payment Terms: Standard payment terms require settlement within 7 calendar days from the invoice date, unless alternative milestone arrangements are set out in writing. The Company reserves the right to suspend ongoing Services or support if invoices are overdue.

6.3. Third-Party Expenses: All third-party costs, including Zoho software subscription licence fees, third-party plugin fees, payment gateway charges, and pre-approved travel expenses, are for the Client’s account unless expressly included in writing.

07Protection of Personal Information Act (POPIA) Compliance

The Company is committed to safeguarding personal information in compliance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).

7.1. Statutory Roles

• Responsible Party — Website & Business Operations

  The Company acts as a Responsible Party when collecting and processing personal information of website visitors, leads, and clients for marketing, inquiries, contracting, and administrative purposes.

• Operator — Implementation & Client Systems

  When configuring Zoho environments, performing data migrations, or conducting system maintenance for Clients, the Company acts as an Operator (processor) acting on the Client’s lawful instructions.

7.2. Personal Information Collected

We may collect and process the following personal information via our website and communications:

• Identification details (name, job title, company name).
• Contact information (email address, phone number, physical address).
• Technical details (IP address, browser type, device identifiers, cookie data).
• System requirements and technical specifications submitted via contact or intake forms.

7.3. Purpose and Lawful Basis for Processing

Personal information is collected and processed for the following lawful reasons:

• Responding to website inquiries, booking consultation sessions, and providing proposals.
• Executing and performing obligations under service engagements.
• Sending relevant business updates, newsletters, and marketing materials, where opt-in consent is provided or as permitted by law, subject to your right to opt out at any time.
• Ensuring website performance, analytics, and security.

7.4. Operator Duties Under Sections 20 & 21 of POPIA

When acting as an Operator processing personal information on behalf of a Client:

• The Company processes personal data strictly under the mandate and written instructions of the Client.
• The Company maintains confidentiality and appropriate technical and organisational security measures to protect Client data against unauthorised access, loss, or destruction.
• The Company shall notify the Client immediately upon becoming aware of any suspected or actual data breach involving Client personal information.

7.5. Cross-Border Data Transfers and Third-Party Sub-Processors

• Zoho Infrastructure

  Client systems and databases are hosted on cloud infrastructure managed by Zoho Corporation Pvt. Ltd. You acknowledge that processing and storing data within Zoho applications may involve cross-border data flows to Zoho’s secure international data centres.

• Third Parties

  The Company does not sell personal information. We only share information with sub-processors, hosting providers, or tool vendors where necessary for service delivery, under strict confidentiality and POPIA-compliant data processing terms.

7.6. Security Safeguards

We implement reasonable physical, technical, and administrative safeguards consistent with industry standards to prevent unauthorised access, loss, misuse, or alteration of personal information.

7.7. Data Subject Rights

In terms of POPIA, you have the right to:

• Request access to the personal information we hold about you.
• Request the correction, destruction, or deletion of your personal information.
• Object to processing based on reasonable grounds.
• Submit a complaint to the Information Regulator of South Africa if you believe your rights have been infringed.

7.8. Cookies and Web Analytics

Our website uses standard cookies and tracking technology to enhance user experience and monitor site performance. You may disable cookies in your browser settings, though certain features of the website may not function optimally as a result.

08Disclaimers and Warranties

8.1. The website and its contents are provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the website or the accuracy of its content.

8.2. While the Company performs Services with reasonable skill and care in line with industry standards, we do not warrant that third-party platforms (including Zoho products) will operate uninterrupted or error-free at all times.

8.3. Except as expressly provided, all warranties, express or implied, are excluded to the fullest extent permitted by South African law.

09Limitation of Liability and Indemnity

9.1. To the maximum extent permitted by South African law, the Client acknowledges and agrees that the Company, its directors, employees, agents, and subcontractors shall not be liable for any act or omission, whether negligent or otherwise.

9.2. The Client indemnifies and holds harmless the Company against any claims, loss, liabilities, damages (including direct, indirect, incidental, special, punitive, or consequential damages), loss of profit, loss of revenue, or business interruption arising from website usage, system downtime, third-party software failures, or performance under any service engagement.

9.3. Nothing in these Terms limits liability that cannot lawfully be excluded under South African law or the Companies Act 71 of 2008, including liability arising from gross negligence, wilful misconduct, or fraud.

9.4. Subject to clause 9.3, the Company’s aggregate monetary liability for all claims arising out of or in connection with any specific engagement shall not exceed the total professional service fees actually paid by the Client to the Company for the specific project or engagement giving rise to the claim.

10Confidentiality

10.1. Both parties agree to treat all non-public technical, operational, financial, and business information received from the other party as strictly confidential.

10.2. Confidential information shall be used solely for the purpose of evaluating or delivering the Services. This obligation survives the termination of any engagement between the parties.

11Non-Solicitation

11.1. The Client agrees that during any active service engagement and for a period of six (6) months following the completion of Services, it will not, directly or indirectly, solicit, employ, or engage any employee or contractor of the Company who was involved in delivering the Services without prior written consent.

12Termination and Suspension

12.1. Either party may terminate an ongoing service relationship or engagement by providing 30 days’ written notice.

12.2. Immediate termination is permitted if a party commits a material breach and fails to remedy such breach within 14 days of receiving written notice specifying the breach.

12.3. Upon termination, the Client remains liable for all completed work, incurred expenses, and pro-rata fees accumulated up to the effective date of termination.

13Dispute Resolution and Governing Law

13.1. Amicable Negotiation: In the event of any dispute arising out of these Terms or the provision of Services, the parties shall first attempt to resolve the matter through good-faith negotiation within 10 business days of written notice.

13.2. Jurisdiction: If negotiations fail, either party may submit the dispute to the High Court of South Africa, Western Cape Division, Cape Town, which shall have exclusive jurisdiction.

13.3. Governing Law: These Terms and any agreement between the parties are governed by and construed in accordance with the laws of the Republic of South Africa.

14General Provisions

14.1. Entire Understanding: These Terms, together with any accepted written proposals, quotes, or invoices, constitute the entire understanding between the parties regarding website usage and professional services, superseding all prior informal discussions.

14.2. Amendments: The Company reserves the right to update these Website Terms at any time. Material updates will be reflected by the “Last Updated” date at the top of this document. Specific engagement amendments require written agreement confirmed by both parties (including via email).

14.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4. Constitutional Rights: Nothing in these Terms shall limit or diminish any rights guaranteed under Chapter 2 (Bill of Rights) of the Constitution of the Republic of South Africa, 1996.