Terms & Conditions

Last updated: TODO (e.g., 2026-02-19)

These Terms & Conditions (“Terms”) govern your access to and use of AMAI Automation’s website and services. By engaging AMAI Automation (“AMAI”, “we”, “us”, “our”) you (“Client”, “you”, “your”) agree to these Terms.

1. Who We Are

AMAI Automation provides professional services including:

• workflow orchestration and automation,
• customer messaging automation (e.g., WhatsApp/email where applicable),
• internal business systems and dashboards,
• system integration and operational optimisation.

Service Provider: AMAI Automation (trading name)
Legal Entity: TODO (e.g., Kubeka Ventures (Pty) Ltd t/a AMAI Automation)
Registration Number: TODO
Address: TODO
Email: TODO
Phone: TODO

2. Definitions

• Deliverables: any output produced for the Client (e.g., workflows, dashboards, code, documentation).
• Scope: the agreed work described in a proposal, statement of work, email confirmation, or project ticket.
• Change Request: any modification to Scope, Deliverables, timeline, assumptions, integrations, or requirements.
• Third-Party Services: external tools/platforms (e.g., n8n, WhatsApp providers, Google services, hosting, databases).

3. Engagement & Scope

3.1 Scope confirmation. Work starts once Scope, commercials, and start conditions are confirmed in writing (proposal acceptance, signed SOW, or written email approval).

3.2 Assumptions. Our estimates are based on stated requirements and assumptions. If assumptions change (e.g., missing access, new approval chains, complex edge cases), timelines and cost may change.

3.3 Client responsibilities. You agree to:

• provide timely access to relevant systems, accounts, and data,
• nominate a decision-maker for approvals,
• provide feedback and sign-offs within agreed timeframes,
• ensure you have authority to grant access to any system/integration.

4. Change Control

4.1 Change Requests. Any work outside Scope requires a Change Request with updated impact on:

• cost,
• delivery timeline,
• technical approach,
• risks and dependencies.

4.2 No implied inclusion. Features discussed informally are not included unless added to Scope.

5. Fees, Deposits & Payment

5.1 Fees. Fees are as stated in the proposal/SOW.

5.2 Deposit model. Unless otherwise agreed:

• 50% deposit due before commencement,
• remaining fees staged by milestone or due on delivery.

5.3 Payment terms. Invoices are payable within TODO (e.g., 7/14 days) of invoice date.

5.4 Late payment.

• We may pause work if invoices are overdue.
• Late payments may incur interest/collection costs permitted by law.

5.5 Expenses. Reasonable project expenses (if any) must be approved in advance.

6. Third-Party Services & Costs

6.1 Third-party accounts. You may need your own subscriptions/licenses (e.g., hosting, automation platforms, analytics tools, WhatsApp providers). These costs are not included unless explicitly stated.

6.2 Availability & changes. We are not responsible for outages, pricing changes, API changes, policy updates, or limitations imposed by third parties.

6.3 Security and keys. Credentials, API keys, and access tokens must be stored securely. We recommend using least-privilege access and rotating secrets.

7. Delivery, Acceptance & Warranty

7.1 Delivery milestones. Deliverables are provided according to the milestone plan in Scope.

7.2 Acceptance window. Unless otherwise agreed, you have 10 business days after delivery of a milestone to:

• accept in writing, or
• provide a written list of defects against agreed requirements.

7.3 Warranty. For 30 days after acceptance, we will fix defects caused by our implementation at no additional cost, excluding:

• changes in third-party services,
• new feature requests,
• issues caused by Client changes, misuse, or unauthorised access.

8. Client Data & Security

8.1 Data access. We may access Client data only as necessary to deliver services.

8.2 Confidentiality and safeguards. We apply reasonable safeguards for information we handle. You remain responsible for your internal access control policies and user management.

8.3 Backups. Unless explicitly included, you are responsible for backups and disaster recovery of production systems and data.

9. Intellectual Property

9.1 Pre-existing IP. Each party retains ownership of their pre-existing intellectual property.

9.2 Project Deliverables. Upon full payment:

• the Client receives a non-exclusive right to use Deliverables for internal business purposes,
• ownership transfer (if required) must be explicitly agreed in Scope.

9.3 Reusable components. AMAI may reuse generic patterns, non-confidential know-how, and templates developed across projects, provided we do not disclose Client confidential information.

9.4 Open-source. Deliverables may include open-source dependencies governed by their respective licenses.

10. Confidentiality

10.1 Each party must keep the other’s confidential information confidential and use it only for the purpose of delivering/receiving services.

10.2 Confidential information excludes information that is public, independently developed, or disclosed under legal obligation.

11. Compliance

11.1 POPIA / data protection. Where applicable, we will support lawful processing principles. Specific data processing obligations must be defined in a Data Processing Agreement (DPA) if needed.

11.2 Client compliance. You are responsible for ensuring your use of automation, messaging, and data processing is lawful (including consent, opt-outs, and retention policies).

12. Limitation of Liability

12.1 No indirect damages. To the fullest extent permitted by law, AMAI is not liable for indirect, incidental, special, or consequential damages (including loss of profits, goodwill, or data) arising from the services.

12.2 Liability cap. AMAI’s total liability is capped at the fees paid by the Client for the specific project in the 3 months prior to the event giving rise to the claim (or the project’s total fees if lower), unless required otherwise by law.

12.3 Operational outcomes. We design for measurable outcomes, but results may vary depending on adoption, data quality, third-party services, and operational changes.

13. Termination

13.1 Either party may terminate:

• for material breach not remedied within 10 business days of written notice, or
• immediately if the other party becomes insolvent.

13.2 Termination for convenience. The Client may terminate with 14 days written notice. In such case:

• fees for work completed are payable,
• non-cancellable third-party costs remain payable.

13.3 Handover. Upon termination (and payment of outstanding amounts), we will provide reasonable handover of work completed up to that date.

14. Communications

14.1 Primary channels. Project communications will be via email and agreed project tools (e.g., Slack/WhatsApp for coordination).

14.2 Notices. Formal notices must be in writing to the contact details listed above.

15. Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of South African courts.

16. Contact

For questions about these Terms:
Email: TODO
Phone: TODO