Commercial terms

1. Summary of these Commercial Terms

In these Commercial Terms, we set out the following important things:

the rights and responsibilities applying to you (as a user) and us;
the Services that we provide;
acceptable use policy;
legal recourse;
limitation of liabilities;
considerations regarding minors; and
our company information.

2. What are these Commercial Terms?

These are the "Commercial Terms" that regulate your use of our Services, and our relationship with you. They create a legally binding contract between us, as soon as they apply, as set out in clause 3 below.
Our "Services" are those that are available on https://www.smartbookie.co.za (the "Website")

3. When do these Commercial Terms apply?

These Commercial Terms apply the instant you become a customer of ours or a user of our Services. Examples include:

the moment you agree to these Terms by registering on the Website

by using any Service or buying any product from us.

We reserve the right to refuse any request for our Services or products without notice or reason.

4. Other applicable terms

Our Privacy Policy and Browser Terms are also applicable and available on the Website . If there is a conflict, these Commercial Terms will take precedence.

5. Changes to these Commercial Terms

We may change, add to, or cancel any Service or clause. You’ll get 7 days' notice before changes apply. If you disagree, you may stop using the Services. Otherwise, new Terms will apply.

6. Duration

These Terms apply for as long as you use our Services.

7. Cancellation

We may terminate your access without cause or liability. You may request cancellation, but you might still owe fees. Confidentiality and limitation of liability clauses survive termination.

8. Our Services

We offer online company secretarial, tax, compliance, and business admin services related to CIPC, SARS, and other South African entities. Services may expand over time.

9. What we don't do

We do not:

serve unemancipated minors;

act without mandate or lawful authority;

break the law.

You are responsible for:

accurate, lawful submissions;

providing a custom MOI if not using the standard one.

We won’t be liable for:

incorrect details supplied by you;

third-party fees;

delays beyond our control.

Use of our Services is at your own risk.

10. The Fees

Our pricing is available on the Website and Webapp and may change. You may also be liable for VAT, taxes, and government-imposed fees.

11. Payment

You agree:

to supply accurate billing details;

not to reverse payments—penalties apply if you do;

to bear currency exchange risks;

to face suspension for late payment;

to pay penalty interest at the prevailing prime rate if overdue.

12. Accepted Payment Methods
SnapScan

EFT

Credit Cards

Debit Cards

13. Promotional Codes & Vouchers

Vouchers are valid for 3 years unless otherwise specified. We reserve the right to revoke promotional codes at any time.

14. Refunds

Refunds apply:

100% refund if application is rejected despite correct documents;

50% refund if incorrect docs are provided or if cancelled after 24 hours;

No refund after 12 months or once the Service is delivered.

Refunds are processed within 10 business days.

15. User Accounts

You’re responsible for safeguarding your account credentials. We assume all use from your account is authorised by you.

16. Acceptable Use Policy

You may not:

copy/distribute content;

provide false information;

tamper with or infect the Website/Webapp;

use spiders/crawlers;

deep-link deceptively;

post offensive or illegal content;

allow unauthorised access through your credentials.

We may restrict Services based on your device or geographic location.

17. Consent for Minors

Users must be 18+ or have valid parental/guardian consent. We do not verify such consent.

18. Social Media Integration

Connecting via platforms like Facebook, LinkedIn, or Google will be subject to their terms.

19. Electronic Communication

Email, SMS, or notices via our platforms serve as official communication.

20. Third-Party Sites

We are not responsible for third-party websites you access through our links.

21. Intellectual Property

All IP belongs to Smartbook. You get no rights by using our Services.

22. Warranties & Representations

We don’t guarantee error-free or uninterrupted Services. Use is at your own risk.
You warrant that:

you are legally competent;

you are 18+ or emancipated;

these Terms are binding and enforceable.

23. Severability

If any clause is unenforceable, the rest still apply.

24. Confidentiality

You must keep any confidential information you gain from our Services private.

25. Non-Circumvention

You may not avoid paying our fees by bypassing our platform.

26. Limited Liability

We are not liable for:

data loss, malware, or downtime;

errors on our Website/Webapp;

inaccurate info or delayed communications;

any type of damages including direct, indirect, or consequential losses.

27. Law & Jurisdiction

These Terms are governed by South African law. You agree that the Western Cape High Court in Cape Town has jurisdiction.

28. Force Majeure

We’re not liable for failure to perform due to events outside our control, such as war, pandemics, load-shedding, or system failures.

By agreeing, you mandate Smartbook to act as your agent for SARS e-Filing. You remain liable for penalties from late/inaccurate submissions. We are not liable for any SARS-related errors or system issues.

29. SARS e-Filing Services

30. E-Filing Terms

You authorise us or a tax practitioner to file on your behalf. You confirm the info is correct before we submit.
We are not responsible for:

SARS website outages;

incorrect info from you;

delays outside our control;

any losses arising from the SARS process.

Commercial terms

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