Terms of service.

01About us (ECTA section 43 information)

These details are provided under section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

02How these terms apply

These Terms of Service apply whenever you request a quote from, contract with, pay, or use a service or product of Motion Kulca. Together with your signed quote or statement of work (SOW), our Refund & Cancellation Policy, our Service Delivery Policy and our Privacy Policy, they form the agreement between you and us.

If your signed quote, SOW or a separate signed agreement (for example a service-level agreement) conflicts with these terms, the signed document applies to that point. By accepting a quote or paying, you confirm that you are at least 18 and, if you act for an organisation, that you are authorised to bind it.

03Our services and products

Motion Kulca is a South African technology and business solutions group. We provide:

• Services: custom software, mobile apps, AI and automation, cloud platforms, systems integration, cybersecurity and technology consulting.
• Products (usually on subscription): Motion VMS (gate access and visitor management), EduCruze / Motion Fleet (school transport and fleet management), Cynergy (pharmacy app), Motion Dispatch (security control-room workflow), Motion Guard (guard app), and other Motion products as described on our website.

The exact scope, deliverables, features, number of users or sites, and any hardware are described in your quote or SOW. Website descriptions and images are illustrative and do not form part of the agreement unless your quote says so.

04Quotes and pricing

• Every engagement is quoted individually. We do not publish prices on our website, because cost depends on your scope, users, integrations and timelines.
• Each quote states the full price in South African Rand (ZAR), including VAT at the applicable rate, and shows any once-off fees, recurring subscription fees, deposits or milestone payments, and any third-party costs (for example app-store, hosting or licence fees) before you accept it.
• A quote is valid for the period stated on it.
• Work outside the agreed scope is quoted separately through a written change request, and is only done once you accept it.

05Accepting a quote

An agreement is formed when you accept a quote or SOW in writing (by signature, a written email acceptance, or accepting it in our client portal) and, where the quote requires it, the first payment or deposit is received. We confirm acceptance by email. We may decline an order, for example if we cannot deliver it or the quote contained an obvious error; if we do, we refund anything you paid through the original payment method.

06Payment

• Subscriptions are paid by card through Paystack. By starting a subscription, you authorise Motion Kulca, through Paystack, to charge the card you used at sign-up the agreed recurring amount on each billing date until the subscription is cancelled.
• Once-off payments (for example deposits, milestones, set-up fees or project invoices) are paid by card through Yoco.
• Invoices are due 7 (seven) days after the invoice date, unless your signed quote states otherwise.
• Card details are entered on Paystack’s or Yoco’s secure, PCI-DSS-certified checkout over an encrypted connection. We do not see or store full card numbers.
• If an invoice is unpaid when due or a subscription payment fails, we will notify you in writing. If an amount remains unpaid after its due date, we may suspend access to a subscription or hosted service as set out in your agreement, and we will restore access once the overdue amount is paid. Interest on overdue amounts applies only if your agreement provides for it.

07Subscriptions, renewal and price changes

• The term, billing frequency and billing date of each subscription are set out in your quote.
• Subscriptions renew automatically at the end of each billing period until cancelled by you or us.
• We will give you written notice by email, as set out in your agreement, before a change to your subscription price takes effect. If you do not accept the change, you may cancel before it applies.
• You can cancel as described in our Refund & Cancellation Policy.

08Delivery, timelines and acceptance

Delivery timelines, milestones and acceptance criteria are agreed in each signed quote or SOW. They depend on the agreed scope and on the information, access, content and approvals we need from you. We do not publish fixed delivery times. How we deliver and how acceptance works is set out in our Service Delivery Policy. If we expect a delay, we will tell you in writing and agree a revised plan with you.

09Your responsibilities

• Give us accurate information, timely feedback and approvals, and the access, content and third-party accounts (for example app-store, domain or cloud accounts) the work needs.
• Make sure you have the right to share any content, data or materials you give us, and a lawful basis under POPIA for any personal information we process for you.
• Keep your login details secure and tell us promptly about any unauthorised use of your account.
• Where we run a platform for you (for example Motion VMS for an estate), you are responsible for telling your users how their information is used and for your own use of the platform.

10Acceptable use

You may not use our services or products to break the law, infringe anyone’s rights, send spam, distribute malware, attempt to bypass security, overload our systems, or reverse-engineer our products except where the law allows it. We may suspend access that puts our systems, other clients or third parties at risk, and will tell you why.

11Intellectual property

Ownership of intellectual property in the deliverables we create for you is set out in your quote or agreement.

Our products (including Motion VMS, EduCruze / Motion Fleet, Cynergy, Motion Dispatch and Motion Guard), our frameworks, tools and know-how remain ours. Subscription clients receive a non-exclusive, non-transferable right to use them for the subscription term. Third-party and open-source components are used under their own licences.

12Confidentiality and data protection

Each party will keep the other’s confidential information confidential and use it only for the agreement, except where the law requires disclosure. We process personal information as described in our Privacy Policy. Where we process personal information on your behalf, we do so as your operator under POPIA, only on your instructions, and with appropriate security measures (POPIA ss19–21). Our contracts with you may include a separate data-processing agreement.

13Third-party services

Some services rely on third parties we do not control, such as payment providers (Paystack, Yoco), cloud and hosting providers, app stores, messaging platforms and AI providers. Their own terms may apply. We are not responsible for their outages or changes, but we will help you deal with them where we reasonably can.

14Support and warranties

We perform our work with reasonable care and skill. Support is available by email and phone 24 hours a day, 7 days a week (including for Motion VMS and Motion Dispatch). Defects reported during the defect-fix period stated in your quote are fixed at no extra cost. Response times, uptime commitments or service credits apply only if they are set out in a signed service-level agreement. Hardware, where supplied, carries the warranty in your quote and the warranty you have under the Consumer Protection Act.

15Liability

To the extent the law allows, neither party is liable for indirect or consequential loss, loss of profit or loss of data that could have been prevented by reasonable backups, and our total liability under an agreement is limited as set out in that agreement. Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for gross negligence or fraud, or any right you have under the Consumer Protection Act 68 of 2008 (CPA).

16Suspension and termination

Either party may end an agreement in writing if the other materially breaches it and does not fix the breach within a reasonable period after written notice, or if the other is placed in liquidation or business rescue (where the law allows). Ending a subscription by you is covered in our Refund & Cancellation Policy. On termination, you pay for work done and services provided up to the termination date, and we return or delete your data as agreed in your contract.

17Your rights as a consumer

If you are a consumer (including a small business to which the CPA applies), you have rights that these terms do not limit, including:

• Cooling-off after direct marketing (CPA s16): if you entered into an agreement as a result of direct marketing (for example we approached you in person or by phone), you may cancel it by written notice within 5 business days after the agreement or delivery, without reason or penalty.
• Cooling-off for online transactions (ECTA s44): where ECTA applies, you may cancel an electronic transaction within 7 days, subject to the exclusions in ECTA s42, for example services that began with your consent before the 7 days ended, or work made to your own specification.
• Fixed-term agreements (CPA s14): where section 14 applies, you may cancel a fixed-term agreement on 20 business days’ written notice, subject to a reasonable cancellation charge.
• The right to quality services (CPA s54) and to safe, good-quality goods (CPA ss55–56).

Details are in our Refund & Cancellation Policy.

18Complaints and disputes

Please contact us first at info@motionkulca.co.za so we can try to resolve the matter. We will acknowledge your complaint in writing. If a dispute cannot be resolved between us, either party may refer it to mediation, and consumers may approach the Consumer Goods and Services Ombud (CGSO) or the National Consumer Commission. Privacy complaints may be lodged with the Information Regulator (see our Privacy Policy).

19Records of your transaction

Your accepted quote or SOW, invoices and payment confirmations are emailed to you, and will be available in the client portal once it is live. You can save or print these terms at any time from this page. On request we will email you a copy of the version that applied when you accepted your quote.

20Changes, governing law and notices

We may update these terms. The version that applies to an agreement is the one in force when you accepted the quote, unless we notify you of a change and you continue a subscription after it takes effect. These terms are governed by the laws of the Republic of South Africa, and South African courts have jurisdiction. Legal notices must be delivered in writing to the address for legal notices above, or by email to info@motionkulca.co.za.