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Terms of Service

1. Definitions and Interpretation

In these Terms of Service, unless the context otherwise requires:

2. Service Description and Scope

2.1 Services Provided

DonorAssured provides software tools to assist South African tax practitioners with:

• Formatting donation data for SARS IT3(d) submissions
• Validating data against known SARS requirements
• Generating Section 18A certificates
• Integration with Excel, Google Sheets, and Xero
• Audit trail and record keeping functionality

2.2 Service Limitations

DonorAssured provides software tools only and does not:

• Provide tax advice or professional services
• Guarantee acceptance of submissions by SARS
• Replace professional tax practitioner judgment
• Ensure compliance with all applicable laws and regulations

2.3 Infrastructure

DonorAssured leverages Amazon Web Services (AWS) infrastructure, which maintains industry-standard security certifications. Your data is encrypted in transit and at rest, with comprehensive access logging and monitoring.

3. User Account and Access

3.1 Account Registration

To use the Services, You must:

• Provide accurate and complete registration information
• Maintain the security of Your login credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under Your account

3.2 Eligibility

You may only use the Services if You are:

• A registered South African tax practitioner or authorized representative
• At least 18 years old
• Able to form legally binding contracts
• Not prohibited from using the Services under applicable law

3.3 Account Suspension

We may suspend or terminate Your account if You:

• Breach these Terms of Service
• Fail to make required payments
• Use the Services for illegal purposes
• Pose a security risk to our systems

4. Data Processing and Protection

4.1 Data Ownership

You retain ownership of all User Data. We do not claim ownership of Your data and use it only to provide the Services.

4.2 Data Security

We implement appropriate technical and organizational measures to protect User Data, including:

• Encryption in transit and at rest
• Access controls and authentication
• Regular security monitoring and logging
• Backup and disaster recovery procedures

4.3 POPIA Compliance

We process personal information in accordance with POPIA and our Privacy Policy. You consent to such processing for the purposes of providing the Services.

4.4 Data Retention

We retain User Data for as long as necessary to provide the Services and comply with legal obligations. You may request deletion of Your data subject to legal retention requirements.

5. Intellectual Property Rights

5.1 DonorAssured IP

All rights in the DonorAssured software, including source code, algorithms, and documentation, remain our exclusive property.

5.2 User License

Subject to these Terms, we grant You a limited, non-exclusive, non-transferable license to use the Services for Your internal business purposes.

5.3 Generated Documents

You own all certificates and documents generated using the Services, but we retain rights in the underlying software and templates.

6. Payment Terms and Billing

6.1 Subscription Fees

Use of the Services requires payment of applicable subscription fees as set out in Your service agreement.

6.2 Payment Terms

• Fees are payable in advance
• All amounts are in South African Rand unless otherwise specified
• VAT will be added where applicable
• Late payments may result in service suspension

6.3 Refunds

Refunds are provided on a case-by-case basis and may be subject to cancellation fees and usage charges.

7. Limitation of Liability

7.1 SARS Compliance Disclaimer

While DonorAssured automates SARS submission formatting and validation, You remain responsible for:

• Data accuracy and completeness
• Compliance with all applicable tax laws and regulations
• Professional judgment in tax matters
• Verifying SARS acceptance of submissions

7.2 Professional Liability Limitation

DonorAssured provides software tools to assist with SARS compliance but does not provide tax advice or guarantee acceptance by SARS. You should consult with qualified tax professionals for advice.

7.3 Limitation of Damages

To the maximum extent permitted by law, our liability for any damages arising from Your use of the Services is limited to the fees paid by You in the 12 months preceding the event giving rise to the claim.

7.4 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

8. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your infringement of third-party rights
• Inaccurate or incomplete User Data

9. Termination and Suspension

9.1 Termination by You

You may terminate Your account at any time by providing 30 days' written notice.

9.2 Termination by Us

We may terminate Your account immediately if You breach these Terms or fail to pay applicable fees.

9.3 Effect of Termination

Upon termination:

• Your access to the Services will cease
• You may export Your data within 30 days
• We may delete Your data after the export period
• Accrued fees remain payable

10. General Legal Provisions

10.1 Governing Law

These Terms are governed by South African law and subject to the jurisdiction of the High Court of South Africa.

10.2 Dispute Resolution

Any disputes should first be resolved through good-faith negotiations. If unsuccessful, disputes may be referred to mediation or arbitration before court proceedings.

10.3 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, government actions, or third-party service failures.

10.4 Amendments

We may update these Terms from time to time. Material changes will be communicated with reasonable notice.

10.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

10.6 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding the Services.