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Terms of Service

Last updated: January 2025

1. Acceptance of Terms

Welcome to BO Docs, a service provided by Foundry One Group. By accessing or using our website, you agree to be bound by these Terms of Service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using or accessing this service. The materials contained in this website are protected by applicable copyright and trademark law.

These Terms constitute a legally binding agreement between you ("User" or "you") and Foundry One Group ("Company," "we," "us," or "our").

2. Service Description

BO Docs provides an online platform that generates beneficial ownership documents for South African companies in compliance with CIPC (Companies and Intellectual Property Commission) requirements.

2.1 What We Provide

  • Online document generation service for beneficial ownership registration
  • Professional formatting of CIPC-compliant documents
  • Digital signature capabilities
  • Instant PDF download of generated documents
  • Document templates and guidance

2.2 What We Do Not Provide

  • Legal advice or consultation
  • Guaranteed acceptance by CIPC (documents are generated based on information provided by you)
  • Automatic submission to CIPC (unless specifically stated in the service description)
  • Ongoing compliance monitoring or reminders

Important: Our service generates documents based on the information you provide. It is your responsibility to ensure all information is accurate and complete.

3. User Accounts

To use certain features of our service, you may be required to create an account.

3.1 Account Registration

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must be at least 18 years old to create an account
  • You may not share your account with third parties

3.2 Account Security

  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • You must use a strong, unique password
  • You must not use our service for any illegal or unauthorized purpose

3.3 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Payment Terms

4.1 Pricing

  • Our pricing is displayed in South African Rand (ZAR)
  • Prices are subject to change at any time, but changes will not affect completed purchases
  • We reserve the right to offer promotional pricing or discounts at our discretion

4.2 Payment Processing

  • All payments are processed securely through third-party payment processors
  • We do not store your complete credit card information
  • Payment must be completed before document generation and download
  • You agree to pay all charges associated with your use of the service

4.3 Refunds

Refund requests are handled on a case-by-case basis in accordance with our Refund Policy. Please contact us for refund requests.

Money-Back Guarantee: If your documents are rejected by CIPC due to compliance issues (not due to incorrect information provided by you), you may be eligible for a full refund. See our Refund Policy for details.

5. User Obligations

As a user of our service, you agree to:

5.1 Accurate Information

  • Provide accurate, truthful, and complete information
  • Update your information as necessary to maintain accuracy
  • Verify that all information is correct before submitting documents

5.2 Compliance with Laws

  • Comply with all applicable South African laws and regulations
  • Ensure your use of our service and generated documents complies with CIPC requirements
  • Use the service only for lawful purposes

5.3 Prohibited Activities

You agree NOT to:

  • Use the service to generate documents for fraudulent purposes
  • Reverse engineer, decompile, or disassemble any part of our service
  • Attempt to gain unauthorized access to our systems
  • Use automated systems (bots, scrapers) to access our service
  • Resell or redistribute generated documents without authorization
  • Infringe upon intellectual property rights

6. Intellectual Property Rights

6.1 Our Intellectual Property

The service, including all content, features, functionality, website design, text, graphics, logos, button icons, images, software, and other materials, is owned by Foundry One Group and is protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our service for personal or business use related to generating beneficial ownership documents. This license does not include the right to:

  • Copy, modify, or distribute our software or content
  • Use our service to create competing products
  • Reverse engineer or attempt to extract source code
  • Remove any proprietary notices or labels

6.3 Your Content

You retain ownership of the information you provide to generate documents. By using our service, you grant us a limited license to use, store, and process your information solely for the purpose of providing the service.

7. Warranties & Disclaimers

7.1 Service Availability

We strive to provide a reliable service, but we do not warrant that:

  • The service will be uninterrupted, secure, or error-free
  • The service will meet your specific requirements
  • Defects will be corrected immediately
  • The service is free from viruses or harmful components

7.2 Document Accuracy

While we strive to ensure documents are CIPC-compliant, we make no guarantees about:

  • Acceptance of documents by CIPC
  • Completeness or accuracy of generated documents if incorrect information is provided
  • Suitability of documents for your specific circumstances

7.3 No Legal Advice

Our service does not constitute legal advice. You should consult with a qualified legal professional for advice on your specific situation.

8. Limitation of Liability

To the maximum extent permitted by law:

8.1 General Limitation

  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability to you for any claims arising from your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim
  • We are not responsible for decisions made based on documents generated through our service

8.2 Exclusions

We are not liable for:

  • Loss or corruption of data
  • Business interruption or loss of profits
  • Damages resulting from reliance on information in generated documents
  • Consequences of using incorrect information in documents
  • Issues with third-party services (payment processors, hosting, etc.)

Important: This limitation does not affect your rights as a consumer under South African consumer protection laws.

9. Termination

9.1 Termination by You

You may stop using our service at any time. You may also request account deletion by contacting us.

9.2 Termination by Us

We may suspend or terminate your access to the service immediately, without prior notice, if you:

  • Violate these Terms of Service
  • Engage in fraudulent, abusive, or illegal activities
  • Infringe upon intellectual property rights
  • Use the service to violate any law or regulation

9.3 Effect of Termination

  • Your right to use the service immediately ceases
  • We may delete your account and data
  • You remain responsible for obligations incurred before termination
  • Provisions that by their nature should survive termination shall survive

10. Dispute Resolution

10.1 Informal Resolution

We encourage you to contact us first if you have any concerns or disputes. We will work in good faith to resolve issues through direct communication.

10.2 Mediation

If informal resolution fails, parties agree to attempt mediation through a mutually acceptable mediator before pursuing litigation.

10.3 Jurisdiction

Any disputes that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the courts of South Africa.

Consumer Rights: This dispute resolution clause does not affect your rights as a consumer to pursue claims through Small Claims Courts or other consumer protection mechanisms available under South African law.

11. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of South Africa, and you hereby consent to the jurisdiction of and venue in such courts.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last updated" date at the top of this page
  • We will notify you of significant changes via email or prominent notice on our website
  • Your continued use of the service after changes constitutes acceptance of the modified Terms

If you do not agree to the modified Terms, you must stop using the service immediately.

13. Affiliate Program

This section governs the terms and conditions for participation in the BO Docs Affiliate Program ("Affiliate Program"). By becoming an affiliate, you agree to comply with these additional terms in addition to all other Terms of Service.

13.1 Program Overview

The Affiliate Program allows approved affiliates to earn commissions by referring customers to BO Docs. We offer competitive commission rates for successful referrals.

13.2 Eligibility and Application

  • You must be at least 18 years old and capable of entering into legally binding agreements
  • You must submit a complete affiliate application through our website
  • Applications are subject to review and approval by BO Docs
  • We reserve the right to reject applications at our sole discretion
  • Approval is typically granted within 3-5 business days of application submission
  • You must have a valid website, social media presence, or other marketing channel

13.3 Commission Structure

Commissions are paid based on the following structure:

  • Document Generation Services: 40% commission on the purchase amount
  • Full Solution (Documents + Submission): 10% commission on the purchase amount
  • Commissions are calculated based on net revenue received by BO Docs (after payment processing fees)
  • Commission rates are subject to change with 30 days' notice to existing affiliates

13.4 Commission Tracking and Payment

  • Commissions are tracked through unique affiliate links provided to you upon approval
  • You must use your assigned affiliate links to receive credit for referrals
  • Commissions are only earned on sales that originate from your approved affiliate link
  • Sales must be completed and payment received by BO Docs for commissions to be earned
  • Refunds, chargebacks, or fraudulent purchases will result in commission reversal

13.5 Payment Terms

  • Commissions are paid monthly, on or before the 15th day of each month
  • Minimum commission threshold: R 500 ZAR before payment is processed
  • Commissions below the threshold will be carried forward to the next payment cycle
  • Payment is made via bank transfer or other methods as agreed upon
  • You are responsible for providing accurate payment information
  • You are responsible for any taxes or fees related to commission payments

13.6 Affiliate Obligations

As an affiliate, you agree to:

  • Market BO Docs services in a professional and ethical manner
  • Accurately represent our services without making false or misleading claims
  • Comply with all applicable laws, regulations, and industry guidelines
  • Protect the security of your affiliate account and unique links
  • Responsibly manage your marketing activities to avoid spam or harassment
  • Disclose your affiliate relationship where required by law or platform policies
  • Use only approved marketing materials and graphics provided by BO Docs

13.7 Prohibited Activities

Affiliates are strictly prohibited from:

  • Creating fake or deceptive reviews, testimonials, or endorsements
  • Using spam, unsolicited emails, or other harassing marketing tactics
  • Bidding on branded keywords (such as "BO Docs", "bodocs.co.za") for paid advertising without written authorization
  • Using our trademarked names or logos in domain names or social media handles
  • Making false claims about our services, pricing, or guarantees
  • Engaging in any fraudulent or illegal activities
  • Self-referring or creating fake accounts to earn commissions
  • Modifying or manipulating affiliate links without authorization
  • Using pop-ups, pop-unders, or other intrusive advertising methods without approval
  • Violating any third-party terms of service (e.g., social media platform rules)

13.8 Intellectual Property and Branding

  • BO Docs logos, trademarks, and marketing materials are provided for your approved use only
  • You must follow our brand guidelines when using our materials
  • Unauthorized use of BO Docs intellectual property is strictly prohibited
  • You may not create derivative works or modify our branding materials
  • Upon termination of your affiliate account, you must immediately cease using all BO Docs branding and materials

13.9 Affiliate Account Management

  • You are responsible for maintaining the security of your affiliate account
  • You must immediately notify us of any unauthorized access to your account
  • You may not transfer or sell your affiliate account to third parties
  • You must maintain updated contact information in your affiliate account

13.10 Termination of Affiliate Status

Your participation in the Affiliate Program may be terminated:

  • By You: You may terminate your participation at any time by providing written notice
  • By Us: We may terminate your participation immediately if you:
    • Violate these Terms or any applicable laws
    • Engage in fraudulent or prohibited activities
    • Fail to maintain acceptable standards of professional conduct
    • Provide false or misleading information in your application

13.11 Effect of Termination

  • Upon termination, your right to earn commissions immediately ceases
  • You will not be eligible for commissions on sales occurring after termination
  • Pending commissions may be voided if termination is for breach of terms
  • You must immediately remove all BO Docs branding and affiliate links from your marketing channels
  • Any outstanding commissions earned prior to termination will be paid according to our standard payment schedule, unless termination was due to fraudulent activity

13.12 Relationship Between Parties

  • You are an independent contractor, not an employee or agent of BO Docs
  • Nothing in this agreement creates a partnership, joint venture, or agency relationship
  • You have no authority to bind BO Docs to any contracts or obligations
  • You are solely responsible for your own business expenses and activities

13.13 Data Privacy

  • You must comply with all applicable data protection laws
  • You may not collect or use personal data of referred customers except as permitted by law
  • You must implement appropriate security measures to protect any data in your possession
  • Upon termination, you must delete any BO Docs-related customer data in your possession

13.14 Limitation of Liability for Affiliates

BO Docs is not liable for any indirect, incidental, or consequential damages arising from your participation in the Affiliate Program, including but not limited to loss of profits, lost sales, or business interruption.

13.15 Modifications to Affiliate Program

We reserve the right to modify or discontinue the Affiliate Program at any time with 30 days' notice to existing affiliates. Modifications may include changes to commission rates, payment terms, or program rules. Continued participation after such notice constitutes acceptance of the modifications.

13.16 Questions About Affiliate Program

For questions specifically about the Affiliate Program, please contact us at affiliate@bodocs.co.za.

Important: By applying to and participating in the Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Affiliate Program terms in addition to all other Terms of Service.

14. Contact Information

If you have any questions about these Terms of Service, please contact us:

Foundry One Group

Email: legal@bodocs.co.za

Website: www.bodocs.co.za

Location: South Africa

Customer Support: For general inquiries, technical support, or payment issues, please contact support@bodocs.co.za

Legal Matters: For legal matters or questions about these Terms, contact legal@bodocs.co.za

Acceptance: By using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.