Terms of Service

1. Agreement and acceptance

These Terms of Service ("Terms") are a binding agreement between IJN Solutions (Pty) Ltd (registration number 2024/606850/07), trading as TapHub ("we", "us", "our"), and the business that orders or uses our service ("you", "the client").

By submitting a signup, ticking the box to accept these Terms, paying an invoice, or using a hub we build for you, you agree to these Terms and to our Privacy Policy. If you accept on behalf of a business, you warrant that you are authorised to bind that business.

2. Definitions

• Service: the design, build, hosting and ongoing management of a tap-to-contact page and QR code, and any custom build we agree to.
• Hub: the tap-to-contact page we build and host for you (for example at /b/your-business).
• Content: the business information, text, logos, images, links and other materials you supply or ask us to use.
• Fees: the monthly retainer and any once-off or additional charges set out on your invoice or quote.

3. The service

We build and host a hub and QR code for your business and manage it on your behalf. Enquiries a customer sends from your hub are stored on the platform so you can see and work them (for example on the leads board); we hold that information on your behalf so you can respond. A custom build, where agreed, is a once-off design and build quoted separately and includes the number of revision rounds stated in the quote.

The service is provided on a done-for-you basis. You do not receive a licence to our platform, source code, templates, tooling or know-how, which remain ours.

To build your hub we use only information and links that you or your business have already made publicly available (such as your existing website or public social pages), together with what you give us directly.

4. Your responsibilities and content

You are responsible for the Content and for how you use the service. You confirm and agree that:

• The details you give us (business name, numbers, addresses, links, hours and similar) are accurate and kept up to date.
• You own, or are properly licensed to use, all Content you supply, including logos, images, trademarks and text, and that our use of it to build, host and promote your hub does not infringe anyone's rights.
• You grant us a non-exclusive licence to host, adapt, display and reproduce the Content as needed to provide the service and to show your hub as an example of our work, unless you tell us in writing not to.
• You will not use the hub for unlawful, misleading, infringing, harmful or offensive content, or in a way that breaches any law, or the terms of a third-party service we rely on.
• You are responsible for the personal information of your own customers that reaches you through enquiries, and for handling it in line with POPIA.

5. Fees, billing and payment

Unless a quote says otherwise:

• The service is a monthly retainer, billed in advance in the currency shown on your invoice, and it renews automatically each month until cancelled.
• Payments are processed by our payment provider (for example PayFast). You authorise recurring collection of the retainer until you cancel.
• A custom build is a once-off charge quoted separately and includes the revision rounds stated in the quote; additional revision rounds and work beyond the quoted scope are billed at our then-current rates.
• Routine content changes (such as new hours, a number, or a menu update) are included on a fair-use basis. Larger reworks or redesigns are quoted before we start.
• We may change our fees on reasonable prior notice; the new fee applies from your next billing cycle.
• You are responsible for any taxes that apply to you. If a failed or overdue payment is not settled within a reasonable period after we notify you, we may suspend the hub until the balance is paid.

6. Cancellation and no pro-rata

You may cancel at any time. The service then runs until the end of the period you have already paid for and is not pro-rated or refunded for the unused part of that period. On cancellation your hub is taken offline and the QR code stops resolving to it.

7. Intellectual property

You keep ownership of your Content and your brand. We keep ownership of the platform, templates, code, designs, processes and know-how used to deliver the service, and of any general improvements we make. Nothing in these Terms transfers our intellectual property to you.

8. Third-party services

The hub links to and relies on third-party services (for example WhatsApp, Google Maps, your payment provider, and hosting and email providers). Your and your customers' use of those services is governed by their own terms. We are not responsible for their availability, changes, or acts, and their outages are not our liability.

9. Availability

We use reasonable efforts to keep the hub available and to fix issues promptly, but we do not provide a guaranteed uptime or service level unless separately agreed in writing. We may carry out maintenance, and may change how the service works to improve or secure it.

10. No guarantee of results; service as is

We provide the tools to be reached and to see aggregate activity, but we do not guarantee any particular number of scans, calls, messages or leads, or any business outcome. To the maximum extent permitted by law, the service is provided as is and as available, and we exclude all implied warranties.

11. Limitation of liability

To the maximum extent permitted by law, and except for liability that cannot lawfully be excluded or limited (including under the Consumer Protection Act where it applies to you):

• We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or business, however it arises.
• Our total aggregate liability arising out of or in connection with the service is limited to the Fees you paid to us in the three months before the event giving rise to the claim.
• We are not liable for loss caused by your Content, your breach of these Terms, or the acts, outages or terms of third-party services.

12. Indemnity

You indemnify us and hold us harmless against any claim, loss, damage, cost or expense (including reasonable legal fees) arising out of your Content, your use of the service, or your breach of these Terms or of any law.

13. Data protection

Each party will comply with POPIA. In relation to enquiries from your customers, you are the responsible party for that information; we act as your operator, storing and processing those enquiries on your behalf so you can respond to and manage them, and only for that purpose. You are responsible for handling that information lawfully, including responding to any access or deletion request; we will help you action such requests. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

14. Suspension and termination

Either party may terminate on reasonable notice. We may suspend or terminate immediately, without refund, if you materially breach these Terms, do not pay, or use the service unlawfully or in a way that exposes us or a third party to risk. On termination the licences you granted us for active display end, save that we may retain records as our Privacy Policy and the law allow.

15. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages of third-party providers, network or power failures, or acts of government.

16. Changes to these Terms

We may update these Terms from time to time. The current version is always shown on this page with its last-updated date. If we make a material change we will take reasonable steps to notify you; your continued use of the service after an update means you accept the revised Terms.

17. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts. Before starting legal proceedings, the parties will first try in good faith to resolve any dispute by negotiation.

18. Consumer rights and electronic transactions

Nothing in these Terms excludes or limits any right you have that cannot lawfully be excluded or limited, including rights under the Consumer Protection Act 68 of 2008 where it applies to you, and the Electronic Communications and Transactions Act 25 of 2002. Where any clause conflicts with such a right, that right prevails to the extent of the conflict.

19. General

• These Terms and the Privacy Policy are the entire agreement between us about the service and replace any earlier understanding.
• If any clause is found unenforceable, the rest remain in force.
• We may assign these Terms as part of a sale or reorganisation of our business; you may not assign yours without our consent.
• A failure to enforce a clause is not a waiver of it.

20. Contact

Questions about these Terms? Contact TapHub at hello@taphub.co.za.