1. Acceptance of Terms
By accessing or using any services provided by Solution Trail (Pty) Ltd ("Solution Trail", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.
These Terms apply to all clients, users, and visitors of our website and platform. By signing a service agreement or using our platform, you confirm that you have read, understood, and accepted these Terms.
2. Definitions
- "Client" — Any individual or business that engages Solution Trail for services
- "Platform" — The Solution Trail web application, WhatsApp integration tools, and any related software
- "Services" — All products, tools, consulting, development, and support provided by Solution Trail
- "End User" — Any person who interacts with a Client's business through our Platform (e.g., a customer sending a WhatsApp message)
- "Deliverables" — Websites, applications, systems, reports, or other work products created for the Client
3. Services
Solution Trail provides technology solutions including but not limited to:
- Website design and development
- WhatsApp Business API integration and automation
- AI-powered chatbots and business assistants
- Custom software and business management systems
- Discovery audits and technology consulting
The specific scope, deliverables, and timeline for each engagement will be outlined in a separate service agreement or proposal accepted by the Client.
4. Accounts and Registration
To use certain features of our Platform, you may be required to create an account. When doing so, you agree to:
- Provide accurate, current, and complete information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorised access to your account
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent or unlawful purposes.
5. Fees and Payment
Pricing
- All prices are quoted in South African Rand (ZAR) and exclude VAT unless stated otherwise
- Setup fees are once-off and payable before work commences
- Monthly retainers are billed in advance on the 1st of each month
- Custom project fees are outlined in the relevant service agreement
Payment Terms
- Payment is due within 7 days of invoice unless otherwise agreed
- We accept EFT (bank transfer) and other methods as communicated
- Late payments may result in suspension of services after a 7-day grace period
- We reserve the right to charge interest on overdue amounts at 2% per month
All monthly retainer packages are month-to-month with no long-term contracts. Either party may cancel with 30 days' written notice.
6. Client Obligations
As a Client, you agree to:
- Provide timely access to content, credentials, and information required for service delivery
- Ensure that any content you provide does not infringe on third-party intellectual property rights
- Use the Platform and Services only for lawful purposes
- Not use the WhatsApp integration for spam, unsolicited messages, or harassment
- Comply with WhatsApp's Business Policy and Commerce Policy
- Obtain appropriate consent from End Users before collecting or processing their personal information
- Respond to reasonable requests for feedback, approvals, or sign-offs in a timely manner
Delays caused by the Client's failure to meet these obligations may affect project timelines and are not the responsibility of Solution Trail.
7. Intellectual Property
Client Deliverables
- Upon full payment, the Client owns the final deliverables (websites, applications, custom systems) created specifically for them
- This does not include underlying frameworks, libraries, or reusable components owned by Solution Trail or third parties
Solution Trail Property
- All proprietary tools, code libraries, methodologies, templates, and platform components remain the property of Solution Trail
- The Client is granted a non-exclusive licence to use these components as part of their delivered solution
Third-Party Components
- Our solutions may include open-source or third-party software governed by their respective licences
- We will inform the Client of any significant third-party dependencies
8. Data Handling
We handle personal information in accordance with our Privacy Policy and POPIA Compliance statement.
- We act as a responsible party for Client data and as an operator for End User data processed on behalf of the Client
- Client data is stored on secure servers in South Africa and/or the European Union
- We do not sell, rent, or share personal information with third parties for marketing purposes
- Data retention and deletion are handled as described in our Privacy Policy
9. WhatsApp and Meta Compliance
Our Platform integrates with Meta's WhatsApp Business API. By using our WhatsApp-related services, you agree to:
- Comply with WhatsApp's Business Policy
- Comply with WhatsApp's Commerce Policy
- Only send messages to End Users who have opted in to receive communications
- Not use the platform to send prohibited content (spam, scams, illegal content)
- Accept that Meta may restrict or revoke API access for policy violations
Solution Trail is not responsible for actions taken by Meta or WhatsApp regarding your account if you violate their policies.
10. Warranties and Disclaimers
We warrant that:
- Services will be performed with reasonable skill and care
- Deliverables will substantially conform to the agreed specifications
- We will make reasonable efforts to meet agreed timelines
Disclaimers:
- The Platform is provided "as is" during the MVP phase. We do not guarantee uninterrupted or error-free operation
- We do not warrant that the Platform will meet all of your specific requirements
- We are not responsible for third-party service outages (WhatsApp, hosting providers, etc.)
- We do not guarantee specific business results, revenue increases, or return on investment
11. Limitation of Liability
To the maximum extent permitted by South African law:
- Solution Trail's total liability for any claim arising from these Terms or our Services shall not exceed the total fees paid by the Client in the 3 months preceding the claim
- We are not liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data loss, or business interruption
- We are not liable for damages arising from the Client's misuse of the Platform, violation of WhatsApp policies, or failure to comply with applicable laws
Nothing in these Terms excludes liability that cannot be excluded under South African law, including liability for fraud or gross negligence.
12. Termination
By the Client
- Monthly retainer services may be cancelled with 30 days' written notice
- No refund is provided for the current billing period upon cancellation
- Setup fees are non-refundable once work has commenced
By Solution Trail
- We may suspend or terminate services if the Client breaches these Terms
- We may terminate with 30 days' notice for any reason, with a pro-rata refund of prepaid fees
- We may immediately terminate access if the Client uses the Platform for unlawful purposes
Effect of Termination
- The Client will be provided with their data in a reasonable format upon request
- All outstanding fees become immediately due
- Licences to use Solution Trail's proprietary tools and platform cease
- Provisions relating to intellectual property, liability, and governing law survive termination
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.
Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of the Gauteng Division, Johannesburg.
Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.
14. Changes to Terms
We reserve the right to update these Terms at any time. Changes will be communicated by:
- Updating the "Last Updated" date at the top of this page
- Notifying active Clients via email for material changes
Continued use of our Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your engagement as described in Section 12.