General Terms and Conditions

1. TPH owns various development tools, know-how, trade secrets, data, and materials that are used in the development, implementation, and delivery of its offerings, including, without limitation, internally developed software, source code, computer programs, and third-party software components (collectively referred to as the "Services"). This technology, whether developed or licensed by us, constitutes our "intellectual property" and is used to create, implement, and deliver the Services.
2. We use and provide commercially licensed and Open Source software. "Open Source" means software has been developed in a collaborative forum or may be used for collaborative purposes, and is released under a licence in terms of which the person with ownership rights to that software grants other users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose.
3. If the software is not Open Source, then we are authorised to license the use of the named Service in part or together with other Services, provided that we offer the licence and/or the relevant Services in the licensed form. If the software is licensed to us by a third party then we and you are bound by the terms and conditions of use of the licence for that technology.
4. Subject to these General Terms and Conditions as well as any specific terms applicable to a particular Service, your Account enables you to access our support and create one or more subscriptions (being an arrangement through which you obtain access to a specific Service). Each subscription grants you a non-exclusive, non-transferable licence to access and use the relevant Service via the Online Portal, in accordance with any additional terms and conditions of that Service.
5. Services are provisioned through the Online Portal and may only be accessed by users who have an Account. Your access to the Online Portal is available exclusively through your Account, which is associated with a parent company. Within the Online Portal, one or more Subscriptions may be created under the parent company, each enabling access to a specific Service. Your Account may be granted permission to access a Service, as well as related features such as billing information, documentation, or other resources, depending on the permissions assigned to you by the parent company.
6. Services do not include your connection to the internet, your browser, your network security and any equipment that you use including a device.
7. Services may include Third Party Cloud Services. There are specific terms and conditions for these Services.
8. We may change or vary the Services from time to time and will try to notify you when we do so. The Services are dependent in some cases, on third party suppliers and in some cases, we may have to decline an order for reasons specific to the third-party supplier, or apply other terms and conditions to its own relationship with you if these are obligatory in terms of your licence to use those services.
9. You should not do anything that will or would tend to cause any interference to the operation of the Website, any of the Services or the Online Portal; or the use by others of the Website, any of the Services or the Online Portal.
10. Unless we specify otherwise, we are not obliged to provide support for use of software or error corrections or updates. We will do so if our third-party supplier provides us with these services.
11. TPH takes reasonable steps to ensure that both the Services and the Pricing are accurately reflected on the Website but if there are any errors in the way that either the Services or the Pricing are described, TPH will not be liable for those errors and your sole remedy is to cancel the Services.

1. Third Party Cloud Services refer to software or services made available to you through your agreement with us, but which are provided, hosted, or operated by a third-party supplier. These services may be licensed to you by us under our commercial terms, but access to and use of the services may also be governed by the terms and conditions of the third-party provider.
2. Some Third Party Cloud Services may not be fully accessible or manageable via our Online Portal. In such cases, you may be required to access and manage the service directly through the third-party provider's own portal or interface. By doing so, you acknowledge and agree that you are also bound by any applicable terms, conditions, or usage policies imposed by that third-party provider.
3. Where access to a third-party platform is required, TPH may initially create an account or provide login credentials for the Third Party Cloud Service to facilitate setup. However, once access is provided, the account and its usage become your sole responsibility. You are responsible for all actions taken through that account, including but not limited to creating additional accounts, managing access permissions, enabling security measures such as two-factor authentication (2FA), generating or protecting API tokens, and complying with the third-party provider's security and usage policies. TPH has no visibility into or control over how you manage your account or use the third-party platform after initial access is granted.
4. You will be solely liable to the third-party provider for any misuse of, or any actions performed through, your third-party user account, including any breaches of the third party's terms of service or applicable laws.
5. Until your data and Services are migrated to the Third Party Cloud Service, they shall be considered to reside on your infrastructure and remain under your control.
6. For purposes of these Terms, the term "data" refers to electronic representations of information in any form, as defined in the Electronic Communications and Transactions Act, Act 25 of 2002.

1. The Online Portal is an electronic digital gateway owned and operated by TPH which enables you, via your approved Account, to access the Service functionality and features we provide. Access to Services requires an active subscription. Through the Online Portal, you may create subscriptions to enable Services, and obtain up-to-date pricing and billing information associated with your Account.
2. You must only use the Online Portal and the information, search results, our intellectual property, documents or any combination that appears on the Online Portal or by accessing it (we refer to this as our "materials"), for the limited purposes for which you have acquired access; and otherwise for lawful and authorised purposes.
3. You may not (i) reproduce our materials; (ii) resell or distribute our material; (iii) re-transmit our material by any medium of communication except where expressly permitted in the terms and conditions that apply to a particular Service; (iv) upload and/or repost our material to any other site on the internet; and/or (v) frame our material with other material on any other site on the internet.
4. You may access and download our material solely for your own use if expressly permitted to do so, but when you do so you may not (i) make our material available to third parties on any commercial terms; or (ii) remove any copyright or trademarks contained on our material.

1. THE SOFTWARE COMPRISED IN, THE ONLINE PORTAL AND THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS, WHETHER LATENT OR PATENT. WE DO NOT WARRANT THAT THE SOFTWARE COMPRISED IN OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
2. Nothing in this warranty section affects your statutory rights if you are a consumer.

1. You must have an internet connection to make use of the Website, Online Portal and Services. It is your responsibility to ensure that this connection is secure and active at all times.
2. You will be able to access the Online Portal and Services using your Account.
3. By downloading, installing, or otherwise using our software and/or accessing the Website or Online Portal, and by using your Account, whether it was created by you, by us on your behalf, by a reseller or distributor, or by another party within your organization (including your parent company), you agree to be bound by our terms and conditions. You are solely and fully responsible for all activity that occurs under your Account, regardless of who performs the actions, and you accept full liability for any use or misuse of the Account. This responsibility also applies to any account used by you that has been specifically created on a Third Party Cloud Service in relation to your use of the Service. You remain fully liable for any actions performed through such third-party accounts, including ensuring adequate security, access controls, and compliance with any applicable terms of the third-party provider.
4. If you are a reseller or distributor registered with us for the purpose of providing access to the Services or the Online Portal to an end user, you are responsible for the actions and omissions of every such end user. You are also responsible for any breach of these General Terms and Conditions by any end user. It is your obligation to ensure that these General Terms and Conditions are made known to every end user. In case of conflict, the separate written agreement with TPH prevails.
5. You may be able to access any of these on any mobile device, although they may look different on a computer.
6. TPH does not endorse any linked websites' content or resources and cannot give any guarantee that those links will work properly or at all if you try to access them through the Website, the Online Portal or Third Party Cloud Services.
7. TPH may terminate your ability to access the Website and/or the Online Portal and/or any of the Services if you are in breach of any terms, fail to pay, or are legally required to be restricted.
8. You may NOT:
   • copy and use our software except as directed,
   • reverse engineer or decompile it,
   • resell or sublicense it,
   • create derivative works of it,
   • remove any proprietary notices,
   • use it in breach of export laws, or
   • bypass or disable any copy protection or digital rights management.
9. We do not represent, warrant or undertake that the Website, Services or Online Portal will be secure or free from bugs, viruses, or other harmful components.
10. You are responsible for configuring your client equipment and systems to enable secure access.

1. To use the Website, Online Portal or Service, you will need an Account. An Account may be created by you via sign-up, or it may be created for you by us, or by your parent company, a reseller, a distributor, or another authorised party. An Account may take the form of a traditional user account or an access credential such as a token, including for programmatic or API-based access. Regardless of how the Account is created or what form it takes, you may be required to provide certain personal or identifying details, primarily to ensure your access is secure, and to enable us to accurately track payments and your access to and use of the Website, the Online Portal, and the Services.
2. We reserve the right to decline or delay activation of an Account if the information provided is incomplete, inaccurate, unverifiable, or does not meet our onboarding, security, or eligibility requirements.
3. You represent and warrant that all information and data you provide to us, whether during sign-up, onboarding, or through ongoing use of the Service, is and will remain true, accurate, complete, and up to date. You agree to promptly update your Account details if any of the information changes or becomes inaccurate.
4. If your Account is approved, we will provide you with the necessary access credentials, such as a username, password, access token, or activation link, to enable access to the Services via the Online Portal or Website. These credentials may be created by you during the sign-up process or using various options in the Online Portal, or issued to you by us, your parent company, a reseller, or a distributor, depending on how the Account was established.
5. You are solely responsible for keeping your access credentials, including any username, password, access codes, tokens, or other authentication method, secure and accessible only to authorised users. Any access to the Online Portal or use of the Services through your Account will be deemed to have been carried out by you. You will be fully liable for any payments or fees due, misuse, or breaches of these terms that result from such access or use, whether authorized by you or not.
6. You must immediately report any suspicious, unauthorised, or potentially compromised activity related to your Account, including but not limited to misuse of your username, password, access code, API token, or any other authentication credentials, as soon as you become aware of it. Prompt notification is essential to help us take appropriate action to protect your Account and prevent further misuse. Failure to report such activity may result in continued liability for any resulting losses or breaches.
7. You may need to update your credentials from time to time, and we may require you to provide additional information or documentation for this purpose. It is your responsibility to update the details provided in relation to your Account if they change.
8. As part of setting up your Account, we may ask you to indicate your preferred method(s) of communication (such as SMS, email, or WhatsApp). While you may choose to opt out of certain communications, doing so may limit your ability to receive important information related to your use of the Services, the Online Portal, or parts of the Website. In some cases, full access to the Services may not be possible without accepting certain operational or security-related communications.
9. The Service is provided on a subscription basis for a defined period, as specified in your selected plan. If permitted by the Service, you may upgrade or downgrade your subscription, or subscribe to additional Services, at any time after your Account has been created. Any such changes may be subject to the applicable pricing and terms outlined in the Pricing section. Adjustments to your subscription may affect your billing cycle and access level, depending on the timing and nature of the change.

1. Providing personal information: To set up your Account and to enable you to access the Online Portal and Services, we will ask you for and store certain information. If you are an individual, we will need information about you including your name, contact details which may include an address and telephone number, and your bank details. If you are a company, the information may consist in the company name, company registration and VAT numbers, address and contact details of your authorised representative. We may also need your domain name and related information for specific Services. We refer to all of this as "personal information".
2. Type of use: We will use personal information only for the reasons indicated in the General Terms and Conditions and in our Privacy Policy which you can find on the Website.
3. Aggregated use: We may aggregate parts of your personal information which we call "other information" with the other information relating to other users that we process for statistical analysis. Other information includes aggregated or anonymised personal information. This other information is likely, in the case of individuals, to include age, gender and occupation, but when we use it for statistical analysis it will not include your name or other identifying characteristics or information. This analysis is purely to understand the general profile of users of our Services and our Website. Other information will not be shared with anyone outside of TPH.
4. Other types of use: We will need to use your personal information to notify you of new types of content, changes to the terms and conditions, to send invoices, to send you promotional information, or if TPH has to act against you for breaching these terms and conditions or failing to make payment as required for the Service.
5. Storing personal information: Your personal information may be stored in a secure backed-up system that uses encryption to protect personal information. This is operated by a professional in the information technology sector who is our service provider and bound by terms and conditions that include how they deal with our Website and all information collected either through the Online Portal or in the course of providing the Services.
6. Other access to personal information: We may collect certain technical and usage information when you access the Website or Online Portal. This may include your IP address, internet browser type and version, operating system, device type, login timestamps, approximate geographic location, and pages visited. This information is typically aggregated to analyse usage patterns, measure system performance (such as number of visits, average time spent on a page, and page views), and improve user experience. In some cases, we may also use this information to enhance the security of our systems, for example, by identifying unusual login activity or verifying access based on location or device consistency. We do not use this information to identify individuals unless required to investigate a security incident or breach.
7. You may ask for access to any or all of your personal information and you may ask us to delete your personal information at any time by contacting support@tph.io.
8. You can also ask us to stop sending you promotional and marketing information by sending us an email at info@tph.io.
9. No personal information will be disclosed to anyone outside of TPH unless you specifically authorise this, or unless TPH has to disclose it by law.

1. You will be charged in accordance with the Pricing, your selected Subscription type, actual usage (if applicable), and the relevant Billing Period. All charges are subject to the applicable terms of your Subscription, including whether fees are once-off, recurring, or usage-based, and whether they are billed in advance or in arrears.
2. Payment Methods: Depending on your account configuration and agreement with us, payment for Services may be made either (i) postpaid via EFT or (ii) prepaid via credit card. The applicable payment method is set during onboarding or per your agreement.
3. If your payment method is prepaid, you authorise us to deduct from your card and confirm sufficient funds. Only Visa and Mastercard are accepted. EFT is only available where agreed upon.
4. Billing Period: For postpaid accounts, billing runs from the 26th to the 25th of each month. For prepaid, billing happens in advance and may occur outside this cycle. Usage-based services are billed at the end of the billing period.
5. The Online Portal provides access to billing records, statements, and forecasts.
6. We try to ensure accurate pricing and service information. Contact support@tph.io if there’s an error. TPH is not liable for those errors, and your remedy is cancellation.
7. Prepaid card data is handled securely by Peach Payments. TPH does not store card details.
8. Failure to pay may result in suspension or deletion of your account and data.
9. Subscription Cancellations: May include a cancellation and deprovisioning period. Data will be deleted after cancellation. You’re responsible for backup.
10. No refunds are granted unless the Service becomes unavailable or otherwise agreed to in writing by TPH.

1. Pricing refers to the fees, charges, and rates applicable to your Subscription for the Services. It may include once-off, recurring, usage-based, or bundled charges. In the event of discrepancy, the Pricing displayed in the Online Portal prevails over the Website.
2. Pricing may be subject to billing frequency, tier level, or other commercial terms. All pricing is subject to change and does not include taxes or third-party fees unless otherwise stated.

1. TPH may update the Website, Pricing, Services, or these General Terms and Conditions from time to time. Changes will be posted on the Website for your review.
2. If you do not agree to amended terms, you may notify us to terminate your access, and we will close your Account.

1. You may use the Website and, subject to what we say below, the Online Portal and Services and the software comprised in them, on a month-to-month basis or for the period for which you sign up to the Services.
2. Your use of the Website, the Online Portal, and any Services is dependent on, among other things, payment of the relevant fees as set out in the Pricing section of the Website.
3. We may suspend or terminate your Account if (i) you do not pay fees on time or at all; (ii) if you breach any of the Terms or the terms of any Service or Portal; or (iii) if you cause us to breach our third-party supplier agreements.
4. We may also suspend or terminate your Account if (i) required to do so by law; (ii) you use the Service in violation of the law or any software license; (iii) we are unable to provide the Services; (iv) access is terminated for reasons beyond our control; (v) your use causes harm to others or our infrastructure; or (vi) you infringe intellectual property rights.
5. Termination of your Account also terminates any agreement between us regarding the Website, Portal, or Services.
6. Upon termination or expiry, you must (i) stop using the software immediately, and (ii) destroy or return all software copies.
7. Termination may take effect immediately. If you prepaid and we can no longer provide the Services, we will refund a prorated amount. Otherwise, no refunds apply.
8. Suspended Accounts may be reinstated upon payment and resolution of the suspension issue.

1. We are not liable for failure or interruption of your internet, or for viruses, malware, or hacking you experience while using our Website, Portal, or Services.
2. If you use links from our Website or Portal to access third-party platforms, we are not liable for anything that happens there.
3. Your use of our Services, Portal, and Website is at your sole risk. Everything is provided “as is” with no warranties or guarantees.
4. We may use cookies to enable features and track usage. These cookies don’t collect personal information unless stated. See our Cookie Policy for more.
5. Our total liability to you is limited to the amount of fees you’ve paid in the last 6 months.
6. We will not be liable for any indirect or consequential loss, even if it was foreseeable.
7. You are liable for unpaid fees and for any breach of our terms and conditions.
8. You must not introduce harmful code (e.g., viruses, trojans) or attack our services. We will report such activity and disclose your identity to authorities.
9. You indemnify us for any loss we suffer or claims made against us due to: (i) misuse of our Services or software; (ii) infringement of intellectual property; (iii) damage to our infrastructure; or (iv) breach of these Terms.

1. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
2. We reserve the right to take legal or contractual action, including reporting criminal activity to authorities.

1. These Terms and Conditions are governed by South African law, and both parties agree to the jurisdiction of the Magistrate’s Court of Randburg.

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