01Who these terms apply to
These Terms of Service ("Terms") apply to any individual or organisation ("Client", "you") that engages Flowmatic ZA (Pty) Ltd (Registration No. 2026/491864/07), of Grabouw, Western Cape, South Africa ("Flowmatic ZA", "we", "us") for services including AI automation, workflow development, custom software, website design and hosting, and ongoing support.
By signing a proposal, paying an invoice, or otherwise instructing us to begin work, you agree to these Terms.
02Our services
We provide:
- AI & automation: chatbots, workflow automation, document processing, AI voice agents.
- Custom software: business applications, portals, booking systems, mobile apps.
- Websites: design, development, hosting, maintenance, SEO.
- Ongoing support: monitoring, incident response, improvements, and retainer-based development.
The specific deliverables, timeline, and pricing for each engagement are set out in a written proposal or quote accepted by the Client.
03Payment
- Project fees are invoiced as specified in the accepted proposal (typically a deposit to start and balance on completion or delivery milestones).
- Retainer and hosting fees are invoiced monthly in advance.
- Payment is due within 7 calendar days of the invoice date unless agreed otherwise in writing.
- Late payments may incur interest at the prime lending rate plus 2% per annum, calculated daily.
- We reserve the right to pause or suspend services for accounts more than 14 days overdue.
- All prices are in South African Rand (ZAR) and exclude VAT unless stated otherwise.
04Client responsibilities
To enable us to deliver on time and to the agreed scope, you agree to:
- Provide accurate, complete information and access to required systems within agreed timeframes.
- Designate a primary contact with authority to give instructions and approvals.
- Respond to questions and review requests within 3 business days unless a different timeline is agreed.
- Not use our services for any unlawful purpose or in any way that violates applicable South African law.
- Ensure that any content, data, or third-party materials you supply to us do not infringe third-party rights.
05Intellectual property
Your content: You retain full ownership of your data, brand assets, content, and any pre-existing intellectual property you provide to us.
Delivered work: On receipt of full payment, ownership of the custom code, designs, and automations built specifically for your project transfers to you, unless otherwise agreed.
Our tools and platform: Flowmatic ZA retains ownership of its proprietary frameworks, libraries, methodologies, and reusable components. These may be incorporated into your deliverables but the underlying tools remain ours.
Portfolio: We may reference your business name and a general description of the work in our portfolio and marketing materials unless you request otherwise in writing.
06Confidentiality
Both parties agree to keep confidential any non-public business information disclosed in connection with the engagement. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
07Warranties and disclaimers
We warrant that services will be performed with reasonable skill and care. However:
- We do not guarantee uninterrupted or error-free operation of third-party platforms (WhatsApp, n8n, Supabase, cloud providers, etc.) that your systems depend on.
- AI-generated content or responses are probabilistic and may not always be accurate; human review is recommended for high-stakes decisions.
- Where services rely on third-party APIs, we are not liable for their downtime, policy changes, or service termination.
08Limitation of liability
To the maximum extent permitted by South African law, Flowmatic ZA's total liability for any claim arising from or related to our services will not exceed the fees paid by you for the relevant service in the 3 months preceding the claim.
We are not liable for indirect, consequential, or special damages, including lost profits, loss of data, or reputational harm, even if we have been advised of the possibility of such losses.
09Termination
Either party may terminate an ongoing engagement with 30 days' written notice. Project-based engagements may not be cancelled after work has commenced without payment for work completed to date plus any direct costs incurred. We may terminate immediately if you breach these Terms materially or fail to pay after 14 days' notice.
10Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. Any disputes that cannot be resolved amicably will be referred to mediation before litigation. The parties consent to the jurisdiction of the Western Cape High Court, Cape Town, for any litigation that does proceed.
11Changes
We may update these Terms from time to time. Material changes will be communicated to active clients by email. Continued use of our services after notice of changes constitutes acceptance.
12Contact
Flowmatic ZA (Pty) Ltd
Registration No. 2026/491864/07
Grabouw, Western Cape, South Africa
Email: christian@flowmaticza.co.za
Phone: +27 63 298 0505