Legal

Terms of Service

Version 1.0, effective . Written in plain language. These documents have not yet been reviewed by an attorney and will be updated when they are.

These Terms of Service ("Terms") are an agreement between you and Softechware (Pty) Ltd ("Softechware", "we", "us"), a company incorporated in South Africa. They govern your use of Softennect Lead Desk, the softennect.com website and related services (the "Service").

By ordering Lead Desk, paying an invoice for it or using the Service, you accept these Terms. If you use the Service on behalf of a business, you confirm that you are authorised to bind that business, and "you" refers to the business.

The Service

Softennect Lead Desk is an online subscription service for capturing and following up enquiries: a lead form and a tagged WhatsApp button on your existing website, instant alerts to your phone, an automatic WhatsApp reply to your customer in your wording, a simple lead pipeline and a monthly report. We set it up for you.

Lead Desk is the only plan we currently offer. What it includes is listed on our pricing page at softennect.com/pricing and in the founding plan section below. Anything not listed there is not part of the Service.

The automatic WhatsApp reply is sent from the Softennect WhatsApp line with your business name in the message. Lead Desk does not connect to or send from your own WhatsApp number.

We may improve or change the Service over time. If we remove something that is material to your plan, we will give you reasonable notice.

Accounts and eligibility

We create your account and the user logins included in your plan during setup. You must give us accurate information and keep it current. You are responsible for keeping login details safe and for all activity under your account, including activity by the people you ask us to add.

The Service is intended for business use by persons 18 years or older. You may not use the Service if doing so would break any law that applies to you.

Acceptable use and WhatsApp consent

You may only message people who have agreed to be contacted by you. Lead Desk forms carry a consent tickbox for this purpose; you must not remove it, hide it or add people to the Service who have not given that consent.

You are responsible for complying with POPIA, the Consumer Protection Act and any other law that applies to how you contact people, including acting promptly when someone asks you to stop.

WhatsApp messages sent through the Service must also comply with Meta’s WhatsApp Business policies, including its messaging and commerce policies. Meta may restrict messaging that breaches its policies, and we are not responsible for restrictions that result from your content or conduct.

You may not use the Service to send spam or unsolicited bulk messages, to harass or defraud anyone, to distribute unlawful content, to attempt to breach the security of the Service, or to resell the Service without our written agreement.

We may suspend or end an account that breaches this section, with notice where practicable. Where misuse puts the Softennect WhatsApp line or other clients at risk, we may pause sending immediately.

Your content and data

You keep ownership of the content and data that you and your customers submit to the Service ("Customer Data"), including your leads. You give us permission to host, process and transmit Customer Data only to provide and support the Service.

For the personal information of your customers, you are the responsible party under POPIA and we are the operator, processing it on your instructions. You are responsible for having a lawful basis to collect it and to contact the people concerned. Our Privacy Policy describes how we process personal information and forms part of these Terms.

You can ask us for a copy of your Customer Data while your account is active. After your account is closed, we delete or de-identify Customer Data as described in the Privacy Policy.

Lead Desk founding plan

These are the founding offer terms, as published at softennect.com/pricing.

Price
R499 per month, excluding VAT, locked for 12 months from your start date.
Availability
A maximum of 10 founding businesses.
Contract
Month-to-month. Either side can cancel with 30 days’ written notice. Invoiced monthly in advance, paid by EFT or debit order.
Setup
R0 for existing Softechware clients. R1,500 once-off for everyone else, payable before installation. Setup is done for you by Galen Myburgh and takes about 60 minutes.
WhatsApp messages
300 WhatsApp messages are included each month. Unused messages do not roll over to the next month.
Wallet
Messages beyond the included 300 are paid from a prepaid Rand wallet at R0.30 per utility message.
If the wallet runs out
Once the included messages are used and the wallet is empty, WhatsApp auto-replies pause until you top up. Push alerts in the Softennect app keep working.
More than one website
A second website or brand is its own Lead Desk, at R499 per month excluding VAT.

Where these founding offer terms differ from the general Softennect Terms of Service or the Softechware refund policy, the founding offer terms apply to Lead Desk founding clients.

Fees, billing and the wallet

The price, the billing cycle and the accepted payment methods for Lead Desk are set out in the founding plan section above. Fees are in South African Rands. Prices are quoted excluding VAT, and VAT is added to invoices where it applies.

The founding price is locked for the period stated in the founding plan section. After that period, we will give you written notice of any price change before it takes effect, at least as long as the cancellation notice period, so that you can cancel first if you prefer.

WhatsApp messages beyond those included in your plan are paid from a prepaid wallet in Rands, at the rate stated in the founding plan section.

If an invoice is not paid by its due date, we will let you know. If it remains unpaid, we may suspend the Service until the account is settled.

Refunds

Fees already invoiced for a period are not refunded pro rata when you cancel, unless the law requires it.

Wallet top-ups are not refunded, unless the law requires it. The balance stays available to use for as long as your account is active.

Nothing in this section takes away a right to a refund that you have under the Consumer Protection Act or any other law.

Term and cancellation

Lead Desk runs month to month, with no fixed term. Either of us may cancel by giving the written notice stated in the founding plan section. The Service continues, and fees remain payable, until the notice period ends.

Written notice includes an email to hello@softennect.com or a WhatsApp message to +27 64 654 8955. We will send notice to the email address or WhatsApp number we hold for you.

We may end these Terms on reasonable notice if we stop offering the Service, or immediately if you materially breach these Terms and do not fix the breach within a reasonable period after we have told you about it.

Third-party services

The Service depends on third parties, including Meta (WhatsApp), hosting providers and payment providers. We choose them with care, but we do not control them, and the Service may be affected by their availability, their policies or changes to their pricing.

Service availability and support

We work to keep the Service available, but we do not promise uninterrupted availability or any particular level of uptime. Where reasonably possible, planned maintenance is done outside South African business hours.

Support is provided in English, Mon–Fri, 08:00–17:00 (South African time), through the channels listed at softennect.com/contact.

Disclaimers and limitation of liability

Nothing in these Terms limits or excludes any right you have under the Consumer Protection Act, the Electronic Communications and Transactions Act or any other law, where that right cannot lawfully be limited or excluded by agreement.

Subject to that, the Service is provided "as is" and "as available", and we give no warranties other than those stated in these Terms.

Subject to the same, our total liability arising out of or related to the Service in any 12-month period is limited to the fees you paid to us in that period, and neither of us is liable to the other for indirect, consequential or special damages, including loss of profits or business opportunities.

You indemnify us against third-party claims that arise from your unlawful use of the Service, including contacting people without their consent.

General

These Terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction over any dispute, without prejudice to any consumer forum that the law makes available to you.

We may update these Terms from time to time. We will give you written notice of material changes before they take effect, at least as long as the cancellation notice period. If you continue to use the Service after the effective date, you accept the updated Terms.

If any provision of these Terms is found to be unenforceable, the rest stays in force. These Terms, including the founding offer terms and the Privacy Policy, are the whole agreement between you and Softechware about the Service.

Contact

Softechware (Pty) Ltd, 264 Cradock Avenue, Lyttelton, Centurion, South Africa. Questions about these Terms can be sent to hello@softennect.com or through the contact details at softennect.com/contact.