Terms of Service

4.1 Scope

Aiployee provides AI-powered voice agent services, conversational automation, and related business process solutions. The specific scope of services applicable to your engagement is set out in the relevant Services Agreement or Statement of Work.

4.2 Platform and Third Parties

Some Services are delivered via third-party platforms. Aiployee is not responsible for downtime, changes in functionality, or service disruptions caused by third-party providers. We will take reasonable steps to notify you of material disruptions where we have advance notice.

4.3 Availability

We strive to keep the Services available during agreed hours. We do not warrant uninterrupted, error-free operation. Scheduled maintenance will be communicated in advance where reasonably practicable.

5.1 Pricing

Fees are set out in the applicable Services Agreement. All amounts are in South African Rand (ZAR) unless otherwise stated, and are exclusive of VAT, which will be added where applicable.

5.2 Payment Terms

Invoices are payable within 30 days of the invoice date unless otherwise agreed in writing. Late payments accrue interest at the rate permitted under the Prescribed Rate of Interest Act 55 of 1975, as amended.

5.3 Disputes

If you dispute an invoice, you must notify us in writing within 7 days of receipt. Undisputed portions remain payable on the original due date.

5.4 Suspension

We reserve the right to suspend the Services if any undisputed payment is more than 14 days overdue, following written notice to you.

7.1 POPIA

Both parties agree to comply with the Protection of Personal Information Act 4 of 2013 ("POPIA") in respect of any personal information processed in connection with the Services. Where Aiployee processes personal information on your behalf, we do so as an operator under your instruction.

7.2 Consumer Protection Act

To the extent that the Consumer Protection Act 68 of 2008 applies to your engagement with us, nothing in these Terms limits or excludes rights that you cannot legally waive.

7.3 Electronic Communications and Transactions Act

These Terms are subject to the Electronic Communications and Transactions Act 25 of 2002. You consent to receiving communications from us electronically.

7.4 Telemarketing and Direct Marketing

Where the Services involve outbound voice calling or direct marketing:

• You are responsible for ensuring your calling activities comply with POPIA, the Consumer Protection Act, and any applicable regulations regarding direct marketing, calling hours, and opt-out management.
• You must maintain accurate do-not-contact lists and honour all opt-out requests promptly.
• Aiployee may suspend outbound calling services if we reasonably believe you are using them for unlawful purposes.

8.1 Aiployee IP

All intellectual property in the Aiployee platform, methodologies, templates, agent frameworks, and supporting technology remains the property of Aiployee. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes during the term of your agreement.

8.2 Client IP and Data

You retain ownership of your data, content, and materials. You grant Aiployee a limited licence to use your data and content solely to the extent necessary to deliver the Services. We will not use your data for any other purpose without your written consent.

8.3 Feedback

If you provide suggestions or feedback about the Services, we may use that feedback to improve our offerings without any obligation to you.

10.1 Term

These Terms remain in force for the duration of your engagement with Aiployee.

10.2 Termination for Convenience

Either party may terminate an ongoing engagement by giving written notice as specified in the applicable Services Agreement.

10.3 Termination for Cause

Either party may terminate immediately on written notice if the other party:

• Commits a material breach that is not remedied within 14 days of written notice.
• Becomes insolvent, is placed under business rescue, or is subject to liquidation proceedings.

10.4 Consequences of Termination

On termination, all fees accrued to the termination date remain payable. Each party must return or destroy the other's Confidential Information on request. Aiployee will, on request, provide a reasonable export of your data in a standard format within 30 days of termination.

15.1 Entire Agreement

These Terms, together with the applicable Services Agreement or Statement of Work, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable. The remaining provisions continue in full force.

15.3 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it in future.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Aiployee's prior written consent. Aiployee may assign its rights and obligations to an affiliated entity or in connection with a sale of its business, on reasonable notice to you.

15.5 Force Majeure

Neither party is liable for failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, power outages, or government action. The affected party must notify the other promptly and take reasonable steps to resume performance.

15.6 Notices

All formal notices under these Terms must be in writing and sent by email or registered post to the addresses set out in the applicable Services Agreement. Notices sent by email are deemed received on the next business day.