RateVeld Subscription Agreement

1. Interpretation and preliminary

1.1 The headings to the clauses of this Agreement are for reference purposes only and shall in no way govern or affect the interpretation of, nor modify nor amplify, the terms of this Agreement nor any clause hereof. Unless a contrary intention clearly appears:

1.1.1 words importing any one gender include the other genders;

1.1.2 the singular includes the plural and the plural includes the singular;

1.1.3 natural persons include juristic persons and vice versa;

1.1.4 the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

1.1.4.1 "Account" means the account registered by the Customer on the Platform to access the Service;

1.1.4.2 "Add-on" means an optional feature sold separately from a Plan, being at the Effective Date the Guest Hub and the Concierge Service;

1.1.4.3 "Agreement" means these terms and conditions, the Privacy Notice, the Pricing Page, the Acceptable Use rules in clause 9 and any Plan or Add-on selection made in the Account, as amended from time to time in accordance with clause 29;

1.1.4.4 "Aggregated Data" means data derived from Customer Data, Guest Data, Usage Data or other sources that has been combined with other data and de-identified so that it does not identify, and cannot reasonably be used to identify, the Customer, any Property, any Guest or any other natural person;

1.1.4.5 "Automated Sync" means any future optional feature that transmits prices from the Platform to a Third-Party Platform on the Customer's instruction, as described in clause 11.4. No such feature is offered at the Effective Date;

1.1.4.6 "Business Customer" means a Customer that is a juristic person whose asset value or annual turnover, at the time of the transaction, equals or exceeds the threshold determined under section 6 of the CPA (at the Effective Date R2 000 000), or any other Customer to whom the CPA does not apply;

1.1.4.7 "Business Day" means any day other than a Saturday, Sunday or official public holiday in South Africa;

1.1.4.8 "Business Hours" means 08:30 to 17:00 South African Standard Time on Business Days;

1.1.4.9 "Calendar Link" means a private iCal (ICS) calendar export URL for a Property that the Customer adds to the Platform, whether from Airbnb, Vrbo, Nightsbridge, Google Calendar or another source;

1.1.4.10 "Ceiling Price" means the highest nightly price, in Rand, that the Customer sets for a Property on the Platform;

1.1.4.11 "Commencement Date" means, for each Plan or renewal, the start date stated in RateVeld's activation email, being the date on which RateVeld confirms that the Customer's payment has cleared, or the end of the previous Term if that is later;

1.1.4.12 "Concierge Partner" means West Landau, the transport and tours operator that quotes, delivers and is paid for Concierge bookings, and any replacement partner RateVeld notifies to the Customer;

1.1.4.13 "Concierge Service" means the optional Add-on described in clause 13 under which Guests of a Property may request transfers, chauffeur driving, tours and other services from the Concierge Partner or other providers through the Guest Hub;

1.1.4.14 "Consumer" means a Customer who is a "consumer" as defined in the CPA, and to whom the CPA applies;

1.1.4.15 "CPA" means the Consumer Protection Act 68 of 2008 and its regulations;

1.1.4.16 "Customer" means the natural or juristic person who registers the Account and accepts this Agreement. Where an individual accepts on behalf of a juristic person, that individual warrants that he or she is authorised to do so;

1.1.4.17 "Customer Data" means all data and content the Customer provides to the Platform or authorises RateVeld to collect, including Property details, Floor Price, Base Price, Ceiling Price and other settings, Calendar Links and the booked and blocked nights read from them, prices the Customer marks as applied, proof-of-payment documents and Guest Hub content such as guidebooks, but excluding Guest Data, Aggregated Data, Usage Data and Recommendations;

1.1.4.18 "Documentation" means the Pricing Page, the in-app explanations of each Recommendation, and the help articles, release notes and plan descriptions that RateVeld publishes for the Service, as updated from time to time;

1.1.4.19 "ECTA" means the Electronic Communications and Transactions Act 25 of 2002;

1.1.4.20 "Effective Date" means the date on which this version of the Agreement takes effect for the Customer, as stated at the head of this Agreement;

1.1.4.21 "Electronic Acceptance" means the Customer's acceptance of this Agreement by ticking the acceptance boxes, clicking or tapping an acceptance button, or otherwise indicating acceptance through the Platform, as recorded by RateVeld;

1.1.4.22 "Expiry Date" means the end date of a Term as stated in RateVeld's activation email;

1.1.4.23 "Feedback" means any suggestion, idea, enhancement request, error report or other comment the Customer gives RateVeld about the Service;

1.1.4.24 "Floor Price" means the lowest nightly price, in Rand, that the Customer sets for a Property on the Platform, and below which the Platform will not recommend;

1.1.4.25 "Guest" means a person who stays or asks to stay at a Property and whose details the Customer keeps in the Guest Hub, or who uses a Property's public page or personal stay link;

1.1.4.26 "Guest Data" means personal information about Guests that is processed in the Guest Hub or the Concierge Service, including names, email addresses, telephone numbers, languages, notes, stay dates, requests and messages, and names that appear in the Customer's Calendar Links;

1.1.4.27 "Guest Hub" means the optional Add-on described in clause 12, comprising a digital guidebook, personal stay links, scheduled Guest emails, a Guest list and a public property page with a booking-request form;

1.1.4.28 "Intellectual Property Rights" means all present and future rights in and to copyright (including in software, source code, object code, databases, compilations and documentation), patents, designs, trade marks, service marks, trade names, domain names, know-how, trade secrets, confidential information, algorithms, models, model parameters, data pipelines and any similar rights anywhere in the world, whether registered or not, including applications for and renewals of such rights;

1.1.4.29 "Market Data" means data about short-term rental and hotel markets, listings, published rates, availability, seasonality, events and demand that RateVeld obtains from publicly available sources, licensed third-party data vendors and its own research, and includes data derived from it;

1.1.4.30 "Marks" means the RateVeld name, logos, trade marks and get-up, whether registered or not;

1.1.4.31 "Parties" means RateVeld and the Customer, and "Party" means either of them;

1.1.4.32 "Payment Request" means the email RateVeld sends the Customer stating the Plan or Add-on, the Term, the amount due, the payment reference, RateVeld's bank and PayShap details and the date by which payment must be made;

1.1.4.33 "Plan" means a Solo, Pro or Multi-property subscription, or any other plan published on the Pricing Page, with the property limit and features described there at the time the Customer requests it;

1.1.4.34 "Platform" means RateVeld's web application, progressive web application, any Android or iOS application when released, any application programming interface, and all related software, models, algorithms, data pipelines, databases and infrastructure, as modified from time to time;

1.1.4.35 "POPIA" means the Protection of Personal Information Act 4 of 2013 and its regulations;

1.1.4.36 "Pricing Page" means the page at rateveld.co.za/pricing, as published from time to time;

1.1.4.37 "Privacy Notice" means RateVeld's POPIA privacy notice published at rateveld.co.za/privacy, as amended from time to time;

1.1.4.38 "Property" means each short-term rental unit that the Customer adds to the Platform. A unit listed on more than one Third-Party Platform counts as one Property;

1.1.4.39 "Recommendations" means the nightly price recommendations, forward pricing calendar, confidence indicators, explanations, market and comparable-listing views, event uplifts, alerts and other outputs that the Service generates;

1.1.4.40 "Referral Code" means a code issued by RateVeld that entitles the Customer to a percentage discount on Plan payments under clause 16;

1.1.4.41 "Service" means the pricing recommendation service that RateVeld provides through the Platform under a Plan, including Property setup, Market Data and comparable-listing views, Recommendations for approximately 183 (one hundred and eighty-three) days ahead, the forward pricing calendar, daily data updates, Floor Price and Ceiling Price safeguards, Calendar Link syncing, alerts and the CSV export, as described in the Documentation and as modified from time to time, together with any Add-on the Customer has;

1.1.4.42 "Service Charge" means the percentage added to the Concierge Partner's rate on a Concierge booking under clause 13.5;

1.1.4.43 "Service Levels" means the availability, refresh and support commitments in clauses 4.8 to 4.11;

1.1.4.44 "Signature Date" means the date of the Customer's Electronic Acceptance, or where this Agreement is signed in writing, the date of signature by the Party signing last;

1.1.4.45 "South Africa" means the Republic of South Africa;

1.1.4.46 "Term" means the period of 1 (one), 6 (six) or 12 (twelve) months for which the Customer has paid for a Plan, running from the Commencement Date to the Expiry Date;

1.1.4.47 "Third-Party Platform" means Airbnb, Booking.com, Vrbo, LekkeSlaap, any property management system, channel manager, calendar service or other third-party service used by the Customer to list, manage or take bookings for a Property;

1.1.4.48 "Usage Data" means technical and usage information about how the Platform is accessed and used, including log data, device data, feature usage and performance metrics;

1.1.4.49 "VAT" means value-added tax levied under the Value-Added Tax Act 89 of 1991;

1.1.5 any reference to an enactment is to that enactment as at the Signature Date and as amended or re-enacted from time to time;

1.1.6 if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive provision in the body of this Agreement, notwithstanding that it is only in the definition clause;

1.1.7 when any number of days is prescribed in this Agreement, the number shall be calculated by excluding the first day and including the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day;

1.1.8 where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.

1.2 The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

1.3 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the contract shall not apply, save to the extent that section 4(4) of the CPA requires an ambiguous provision to be interpreted to the benefit of a Consumer.

1.4 The use of the word "including" or "include" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it, and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example or examples.

1.5 If there is a conflict between these terms and the Pricing Page, the Pricing Page prevails on prices, property limits and plan features as at the date of the Customer's Payment Request.

2. Commencement and duration

2.1 This Agreement binds the Parties from the Signature Date. The Service under a Plan starts on the Commencement Date.

2.2 Each Plan runs for its Term and ends on the Expiry Date. It does not renew automatically. Approximately 7 (seven) days before the Expiry Date and, for a Consumer on a 6 (six) or 12 (twelve) month Term, also not less than 40 (forty) Business Days before the Expiry Date, RateVeld shall email the Customer a renewal Payment Request. If the Customer pays it, a new Term starts on the Expiry Date, or on the date payment clears if that is later. If the Customer does not pay it, access to the Service ends on the Expiry Date and nothing further is charged.

2.3 This Agreement continues for as long as the Customer holds an Account, including between Terms. Clauses that protect either Party's data and rights continue to apply while the Account exists.

2.4 No Plan has a Term longer than 24 (twenty-four) months.

3. Licence

3.1 Subject to the Customer's compliance with this Agreement and payment for the Plan, RateVeld grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service and the Recommendations during the Term, solely for the Customer's internal business purpose of pricing and managing the Properties on its Account that it owns or is lawfully authorised to manage.

3.2 The Customer may share a Recommendation, report or export with a co-owner, bookkeeper, property manager or adviser who works on the Customer's Properties.

3.3 The licence is non-exclusive. RateVeld provides the Service to other hosts and property managers, including hosts who compete with the Customer, and is free to do so.

3.4 The Customer may add Properties up to the limit of its Plan. The Customer is responsible for everyone who uses its login, and shall not share login details with any person outside the Customer's own business.

3.5 All rights not expressly granted to the Customer are reserved by RateVeld.

4. Provision of the Service and Service Levels

4.1 RateVeld shall perform the Service with due care and skill, in a diligent and workmanlike manner and to the standard reasonably expected of a professional provider of software-as-a-service pricing analytics.

4.2 RateVeld shall take all steps reasonably necessary and inherent in providing the Service, including hosting, maintaining and securing the Platform, refreshing Market Data and Calendar Links and recalculating Recommendations in accordance with the Service Levels.

4.3 RateVeld shall notify the Customer promptly through the Platform, by email or by any other agreed channel of any incident that RateVeld becomes aware of and that is likely to materially affect the availability or accuracy of the Service, including a failure of a third-party data source.

4.4 RateVeld provides its own personnel, hosting, software and resources to deliver the Service, and may use subcontractors and service providers. RateVeld remains responsible for their performance under this Agreement.

4.5 RateVeld may change, improve, add or remove features of the Service from time to time. RateVeld shall not make a change that materially reduces the core Service (daily Recommendations with explanations for active Properties, Floor Price protection, Calendar Link syncing and the features listed for the Customer's Plan on the Pricing Page when it was requested) during a paid Term. If a change materially reduces the Service, RateVeld shall give the Customer at least 30 (thirty) days' notice, and the Customer may cancel without charge and receive a pro-rata refund of the prepaid fee for the unused part of the Term.

4.6 The Service is advisory. It does not change prices on any Third-Party Platform, does not take bookings or payments from Guests on the Customer's behalf, and does not include a channel manager. The Customer applies Recommendations to its listings itself. The Channels screen in the Platform records which channels and Calendar Links a Property uses; connecting a channel there does not write anything to that channel.

4.7 RateVeld currently covers the South African areas listed in the Platform when a Property is added. Market Data coverage, and therefore the confidence of Recommendations, varies by area and is shown in the Platform for each night.

4.8 Availability. RateVeld shall use reasonable efforts to make the web application available, so that an authorised user can log in and view current Recommendations, for at least 99,0% (ninety-nine comma zero percent) of the minutes in each calendar month, excluding scheduled maintenance (where possible between 22:00 and 02:00 South African Standard Time and announced at least 48 (forty-eight) hours in advance, up to 8 (eight) hours a month), emergency maintenance (up to 4 (four) hours a month), and downtime caused by third-party data sources, Third-Party Platforms, networks, power or hosting failures beyond RateVeld's reasonable control, Force Majeure, or the Customer's own equipment, connection or breach.

4.9 Refresh. RateVeld shall refresh Market Data for each covered area at least once every 24 (twenty-four) hours, subject to the availability of the sources, and recalculate Recommendations for active Properties in that area in the same run; recalculate Recommendations for a Property immediately when the Customer saves its Floor Price, Base Price, Ceiling Price, weekend uplift or event sensitivity; fetch each working Calendar Link at least once every 24 (twenty-four) hours and on demand; and show in the Platform when each area's Market Data was last refreshed and when each Calendar Link was last synced. If Market Data for an area is not refreshed for more than 7 (seven) days because of a source failure, RateVeld shall notify affected Customers and continue to provide Recommendations from the latest available data, marked as lower confidence.

4.10 Support. Support is provided by email to sales@rateveld.co.za during Business Hours. RateVeld aims to respond within 1 (one) Business Day, and within 2 (two) Business Hours where the Service is unavailable to all or most customers. Response times are targets, not guarantees.

4.11 Remedy. If RateVeld fails to meet the availability commitment in clause 4.8 in a calendar month, or a failure attributable to RateVeld prevents Recommendations for a Property from being recalculated for more than 5 (five) consecutive days, the Customer may, by written claim within 15 (fifteen) Business Days after the end of that month, require RateVeld to extend the Customer's Term at no charge by 3 (three) days (availability below 99,0% but not below 97,0%), 7 (seven) days (below 97,0% but not below 95,0%, or a refresh failure) or 14 (fourteen) days (below 95,0%), capped at 14 (fourteen) days in any month. If availability is below 95,0% in 2 (two) consecutive months, or below 90,0% in any month, the Customer may cancel the affected Plan on written notice and RateVeld shall refund the prepaid fee for the unused part of the Term. For Business Customers these extensions are the sole and exclusive remedy for a failure to meet the Service Levels. For Consumers they are in addition to, and do not limit, any right under the CPA, but their value shall be taken into account in any further claim for the same failure.

5. Documentation and accuracy of Customer Data

5.1 RateVeld shall keep the Documentation reasonably up to date, readable and accessible; show, for every Recommendation, the main factors behind it and a confidence indicator, in plain language; describe in the Documentation the known limitations of the Service, including that forward nights for comparable listings are modelled from current published rates and seasonality; and correct any material inaccuracy in the Documentation within 10 (ten) Business Days after becoming aware of it.

5.2 The Customer shall keep its Customer Data accurate, complete and up to date, including Property type, bedrooms, maximum guests, suburb, Floor Price, Base Price, Ceiling Price, weekend uplift, event sensitivity and Calendar Links, and shall correct any inaccuracy as soon as it becomes aware of it. Recommendations depend on Customer Data. RateVeld is not responsible for Recommendations that are inaccurate because Customer Data is inaccurate or out of date, or because a Calendar Link is broken, private or has been revoked by the Third-Party Platform.

6. Customer obligations

6.1 The Customer shall:

6.1.1 provide true, accurate and complete registration and billing information and keep it updated;

6.1.2 keep its login details and Calendar Links confidential and notify RateVeld immediately at sales@rateveld.co.za of any actual or suspected unauthorised use of the Account;

6.1.3 set a Floor Price and Ceiling Price for each Property that reflect its own costs and positioning, and review them regularly. RateVeld will refuse a Floor Price below a cost-based minimum shown in the Platform, but the Customer remains responsible for choosing a Floor Price that covers its costs;

6.1.4 review every Recommendation before applying it to a listing;

6.1.5 own, or be lawfully authorised to manage and price, each Property added to the Platform, and have the right to give RateVeld each Calendar Link;

6.1.6 comply with all laws that apply to the Customer's short-term rental business, including municipal by-laws and zoning rules, sectional title or homeowners' association rules, tax laws, POPIA and the terms of each Third-Party Platform;

6.1.7 be 18 (eighteen) years of age or older, or a juristic person; and

6.1.8 comply with the Acceptable Use rules in clause 9.

6.2 The Customer is responsible for all activity on its Account, except activity caused by RateVeld's breach of its security obligations.

7. Responsibility for prices and no guarantee

7.5 RateVeld warrants that the Platform will not generate a Recommendation below the Floor Price, or above the Ceiling Price, that the Customer has saved for a Property at the time the Recommendation is generated. This warranty does not cover a price the Customer enters itself, a Floor Price or Ceiling Price saved after the Recommendation was generated, or a display error that RateVeld corrects within 2 (two) Business Days of notice.

7.6 Hotel rates, comparable listings and "booked out" indicators shown in the Platform are taken from public sources and third-party data and may be incomplete or out of date. They are context for the Customer's decision and not a representation about any other business.

8. Competition law and independent pricing

8.1 Each Customer makes its own pricing decisions independently. The Service is designed to support independent decisions and not to coordinate prices between competitors.

8.2 RateVeld shall not:

8.2.1 use the Customer's non-public Customer Data (including its Floor Price, Base Price, Ceiling Price, applied prices, event sensitivity, weekend uplift and the occupancy read from its Calendar Links) to generate Recommendations for any other customer;

8.2.2 disclose the Customer's non-public Customer Data to any other customer. Area-level market data described in the Platform as "shared" between hosts is drawn from public sources and third-party Market Data, not from other customers' settings or calendars;

8.2.3 require or pressure the Customer to accept any Recommendation, or reward the Customer for doing so; or

8.2.4 design the Service to treat price increases and price decreases differently in a way intended to keep prices up across customers.

8.3 RateVeld may use Aggregated Data to test, calibrate and improve its models, provided that Aggregated Data derived from customers' non-public applied prices or calendar occupancy is at least 12 (twelve) months old before it is used for model training, and is never used at runtime to generate a specific Recommendation for a competitor.

8.4 The Customer shall not use the Service, the Recommendations or any communication channel associated with the Service to agree, coordinate or exchange information about prices, discounts, minimum stays or other trading conditions with any competitor, and shall not share its Account, Recommendations or settings with competing hosts.

8.5 RateVeld may suspend any Account that it reasonably believes is being used in breach of clause 8.4.

9. Acceptable use

9.1 The Customer shall not, and shall not allow any person to:

9.1.1 copy, modify, translate, adapt or create derivative works of the Platform, the Documentation or the Recommendations, except as needed to apply Recommendations to its own listings and as permitted by clause 3.2;

9.1.2 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, model structure, model parameters, training data or algorithms of the Platform, except to the extent that the law expressly permits this despite this restriction;

9.1.3 use any robot, spider, scraper, crawler or other automated means, or any manual process, to access, extract, copy or monitor the Platform or its data, or send more requests than a human can reasonably make through a normal browser or application;

9.1.4 sell, resell, rent, lease, sublicense, publish, distribute or otherwise make the Service, the Recommendations or the Market Data available to any third party, or use them to provide a pricing, consulting or data service to others, without RateVeld's prior written consent;

9.1.5 use the Service for benchmarking, or to build, train or support a competing product or service;

9.1.6 share login details, allow more than one unrelated business to use one Account, or use one Account to price Properties beyond the Plan's limit;

9.1.7 interfere with, overload, probe, scan or test the vulnerability of the Platform, or bypass any security, paywall or access control;

9.1.8 upload any virus, malware or harmful code;

9.1.9 load personal information about Guests or other third parties into the Platform except through the Guest Hub, and then only where the Customer has a lawful basis under POPIA;

9.1.10 use the Service unlawfully, fraudulently, or in a way that discriminates against any person on any ground prohibited by the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;

9.1.11 remove or obscure any copyright notice, Mark or proprietary legend; or

9.1.12 register or use any domain name, social media handle or paid search keyword that includes the Marks or a confusingly similar name.

9.2 A breach of clause 9 is a material breach of this Agreement.

10. Third-Party Platforms and data

10.1 The Service relies on Market Data from third-party vendors and public sources, on Third-Party Platforms that RateVeld does not control, and on the Calendar Links those platforms provide. These third parties may change, restrict, suspend or withdraw their data, interfaces, calendar feeds, rules or terms at any time, with or without notice.

10.3 Such third-party events do not suspend the Customer's payment obligations and are not a breach of this Agreement by RateVeld. If a third-party event permanently prevents RateVeld from providing daily Recommendations for a Property for more than 10 (ten) consecutive Business Days, either Party may cancel the affected Plan and RateVeld shall refund the prepaid fee for the unused part of the Term.

10.4 The Customer's use of each Third-Party Platform is governed by that platform's own terms. RateVeld is not affiliated with, endorsed by or acting for Airbnb, Booking.com, Vrbo, LekkeSlaap or any other Third-Party Platform. The Customer shall not represent otherwise.

10.5 RateVeld obtains Market Data under licences and from public sources, reads public sources within their published access rules, and stores listing summaries and market statistics rather than copies of other persons' listings. The Customer receives no right in Market Data except to view it through the Service under clause 3.

11. Calendar Links, channel connections and future Automated Sync

11.1 By adding a Calendar Link, the Customer authorises RateVeld to fetch that calendar from the Third-Party Platform on the Customer's behalf, at least daily and on demand, and to read the booked and blocked nights and the summary text in it in order to show occupancy, position Recommendations, generate alerts and, where the Customer uses the Guest Hub or RateVeld Ops, to create stays. RateVeld shall store Calendar Links encrypted and shall not use them for any other purpose.

11.2 A Calendar Link is private and functions as a password. The Customer may remove a Calendar Link at any time, which also deletes the nights read from it.

11.3 Calendar summaries from Third-Party Platforms may contain Guest names. The Customer is the responsible party for that information and clause 25 applies to it.

11.4 Automated Sync (future feature). This clause applies only if and when RateVeld makes Automated Sync available and the Customer expressly switches it on for a Property. By switching on Automated Sync, the Customer authorises RateVeld, as its agent for this limited purpose, to access the connected Third-Party Platform or property management system and update only the nightly price fields for that Property, within the Customer's Floor Price, Ceiling Price and other settings. RateVeld shall not change any other listing information. The Customer may switch off Automated Sync or revoke this authority at any time through the Platform, with effect within 1 (one) hour of the change being saved. After cancellation, RateVeld shall keep the identifiers of the Customer's former Properties on a blocked list for the sole purpose of preventing any accidental update to them.

12. Guest Hub Add-on

12.1 The Guest Hub is an optional Add-on priced per Property per month, at the price RateVeld confirms to the Customer in writing before the first charge. It provides a digital guidebook for the Property, a personal stay link for each Guest that reveals WiFi and access codes only from the day before check-in to check-out, scheduled Guest emails, a Guest list and a public property page with indicative rates and a booking-request form.

12.2 The Customer may pay for the Guest Hub by card through RateVeld's payment service provider (at the Effective Date, Paystack), which extends the Add-on by 1 (one) month from its current end date, or RateVeld may activate it on request and invoice it with the Customer's Plan. Each card payment is a once-off charge initiated by the Customer; nothing is charged automatically. If a card payment is reversed or charged back, the month it paid for is cancelled, the amount falls due again and RateVeld may pause the Add-on. The payment service provider's own terms govern the processing of card payments. RateVeld does not store card details.

12.3 If the Guest Hub is not paid for within 7 (seven) days after its end date, the public guidebook and property page display a "paused" notice, except to a Guest whose stay is in progress. Guest Data is retained under clause 12.6 and nothing is deleted by reason of a lapse.

12.4 The Customer is responsible for the content of its guidebook and property page, for keeping access codes correct and current, and for checking that the indicative rates shown on the property page are acceptable. The property page takes booking requests only; it does not take bookings or payments, and no booking exists until the Customer confirms it with the Guest.

12.5 RateVeld sends scheduled emails to Guests on the Customer's behalf (at the Effective Date a welcome, a pre-arrival, a check-in day, a mid-stay, a pre-checkout and a thank-you email) from RateVeld's mail server, in the Property's name and with the Customer's email address as reply-to. The Customer instructs RateVeld to send them by confirming a stay. The thank-you email may contain a review request and a book-again offer; the Customer shall enable that content only for Guests who have agreed to receive the Customer's offers, which the Guest Hub records per Guest. RateVeld does not send SMS or WhatsApp messages to Guests; WhatsApp links in the Platform open a prefilled message that only the Customer can send.

12.6 Guest Data is retained for the period the Customer sets in the Guest Hub (24 (twenty-four) months after check-out by default, adjustable between 1 (one) and 60 (sixty) months), after which RateVeld anonymises stays and deletes Guest records that no longer have a stay. The Customer may remove or purge any Guest at any time, which deletes that Guest's details and disables their personal stay link.

12.7 Clause 25.3 (operator terms) applies to all Guest Data.

13. Concierge Service

13.1 This clause 13 applies where RateVeld offers the Concierge Service and has switched it on for the Customer's Property. The Concierge Service is available to members in the areas RateVeld lists on its concierge page and requires the Guest Hub. RateVeld may decline to switch it on for a Property, and may withdraw it from a Property on 30 (thirty) days' notice.

13.2 The Concierge Partner is the supplier. Transfers, chauffeur driving, tours, charters and similar services are quoted, confirmed, delivered and paid for by the Concierge Partner under its own terms, including its cancellation and refund terms, which RateVeld shows to the Customer and the Guest. The contract for the service is between the Guest (or the Customer, where the Customer books for the Guest) and the Concierge Partner. RateVeld is not the supplier, carrier or agent of the Concierge Partner and does not operate vehicles or employ drivers or guides. Private chefs, restaurant tables, the Customer's own cleaner and other requests that RateVeld relays by email are supplied by the provider named in the relay, on that provider's terms.

13.3 Booking. A Guest requests a service through their personal stay link, or the Customer requests it in the Platform and provides the Guest's name and telephone number or email address with the Guest's knowledge. The Concierge Partner quotes. The Customer accepts or declines the quote (or configures the Platform to accept quotes automatically). The Concierge Partner then contacts the Guest directly to confirm, collect payment and deliver. The Customer may withdraw a request before the quote is accepted.

13.4 Payment by the Guest. The Guest pays the Concierge Partner directly, by the Concierge Partner's card payment link or by EFT to the Concierge Partner's account as shown in the Platform. Neither RateVeld nor the Customer collects, holds or refunds the Guest's payment. The Platform shows the Guest one all-inclusive price.

13.5 Service Charge and the Customer's share. The price the Guest pays is the Concierge Partner's rate plus a Service Charge of 10% (ten percent) on transfers and 12% (twelve percent) on tours, charters and multi-day driving, as published on RateVeld's concierge page from time to time. The Concierge Partner's own rate is not reduced. The Concierge Partner pays the Service Charge to RateVeld monthly. RateVeld pays the Customer one half of the Service Charge actually received (5% (five percent) of the Concierge Partner's rate on transfers and 6% (six percent) on tours and charters) as a referral commission, in accordance with clause 13.6. The other half is RateVeld's fee. No Service Charge or commission arises on a booking the Guest pays a venue or provider for directly, or on a booking refunded in full. Where the Concierge Partner retains a cancellation fee, the Service Charge and the Customer's share apply to that fee.

13.6 Payout. The Customer elects in the Platform to receive its share either (a) by EFT to the bank account the Customer provides to RateVeld, paid monthly once the accrued amount reaches R200 (two hundred rand), or (b) as credit against the Customer's next Plan Payment Request, with no minimum. RateVeld pays or credits the Customer's share only after the Concierge Partner has paid RateVeld the Service Charge for that booking in cleared funds. RateVeld may hold a payout for 48 (forty-eight) hours after the Customer changes its bank details, as a fraud control. Amounts are rounded to the nearest cent, with any odd cent going to the Customer. Credit not used before the Account is closed is paid out by EFT if it exceeds R200 (two hundred rand), and is otherwise forfeited unless the Customer claims it in writing within 30 (thirty) days.

13.7 Tax. The Customer's share is income in the Customer's hands. The Customer is responsible for declaring it and for any VAT or other tax on it. RateVeld shall provide a statement of commission paid on request. RateVeld is not registered for VAT and does not issue tax invoices for commission; if either Party becomes registered the Parties shall agree the invoicing mechanics.

13.8 Information shared. To arrange a booking RateVeld sends the Concierge Partner the Guest's name, telephone number and email address, the service, dates, times, flight numbers, pick-up and drop-off points, party size and notes, and the Customer's name, email address, telephone number, Property name and suburb. The Concierge Partner uses this information only to quote, confirm and deliver the booking and is bound to RateVeld in writing to that effect. The Customer shall inform its Guests, in its guidebook or otherwise, that concierge requests are passed to the Concierge Partner for this purpose; the Platform includes a notice to that effect at the point of request.

13.10 The Customer shall not, during the Concierge Service and for 12 (twelve) months after it ends, use the Concierge Partner's contact details obtained through the Platform to arrange bookings for Guests outside the Platform in order to avoid the Service Charge. Nothing prevents the Customer or a Guest from dealing with the Concierge Partner on the Concierge Partner's own public terms.

13.11 Illustrations on RateVeld's concierge page and in the Platform of what a host might earn are examples based on assumed booking volumes. They are not a forecast or promise; Guests decide what they book.

14. RateVeld Ops and other services

14.1 RateVeld Ops (operations software for short-term rental management companies, including inspections, tickets, owner approvals, owner reports and statements) is licensed under a separate written agreement between RateVeld and the management company, which also sets out RateVeld's duties as operator for the personal information of that company's staff, contractors, owners and guests. This Agreement applies to RateVeld Ops only to the extent that separate agreement so provides.

14.2 Where RateVeld quotes for other work, such as building a direct-booking website, the quote and any written proposal govern that work. Clauses 7, 20, 23, 31 and 32 of this Agreement apply to it unless the quote provides otherwise.

14.3 The free suburb estimate, when offered, is provided on the terms shown on the estimate page and subject to clause 7. It creates no Account and no Plan.

15. Plans, fees and payment

15.1 The Plans, their property limits, features and monthly prices are published on the Pricing Page. At the Effective Date they are:

Plan	Properties	Monthly list price
Solo	1	R333 (three hundred and thirty-three rand)
Pro	up to 5	R1 299 (one thousand two hundred and ninety-nine rand)
Multi-property	6 to 75	R1 299 for the first 5 Properties, then per additional Property per month: R239 (Properties 6 to 10), R209 (11 to 25), R179 (26 to 50) and R149 (51 to 75)

More than 75 (seventy-five) Properties are quoted on request.

15.2 The Customer selects a Term of 1 (one), 6 (six) or 12 (twelve) months. The price for a Term is the monthly price multiplied by the number of months, less 5% (five percent) for a 6 (six) month Term and 15% (fifteen percent) for a 12 (twelve) month Term, then less any Referral Code discount under clause 16, then less any concierge credit, each step rounded to the nearest whole Rand. The whole Term is payable in advance.

15.3 RateVeld is not registered for VAT. Prices are the full and final price. No VAT, foreign exchange charge, percentage of revenue or other charge is added.

15.4 If RateVeld registers for VAT, RateVeld shall either continue to charge the same total price, or give the Customer at least 30 (thirty) days' written notice of any increase resulting from VAT. An increase applies only from the Customer's next Payment Request, never to a Term already paid. From registration, RateVeld shall issue tax invoices that comply with the Value-Added Tax Act.

15.5 There is no free trial and no free plan. RateVeld does not offer discounts other than the Term discounts, Referral Codes and concierge credit, unless stated in writing.

15.6 Payment. The Customer requests a Plan in the Platform. RateVeld emails a Payment Request with the amount, a unique reference and RateVeld's bank and PayShap details. The Customer pays by EFT or PayShap from its own bank, using the reference, uploads proof of payment in the Platform and confirms that it has paid. When RateVeld confirms that the funds have cleared, it activates the Plan and emails the Customer the Commencement Date and Expiry Date. Where RateVeld offers it, the Customer may instead pay a Payment Request by card through RateVeld's payment service provider; each card payment is a once-off charge initiated by the Customer, RateVeld does not store card details, and the Plan is activated when the provider confirms the payment. No debit order is created and nothing is debited automatically.

15.7 A Payment Request lapses 14 (fourteen) days after it is sent if it is not paid. The Customer may request again at any time. If the Customer sends a new request, any earlier unpaid request for a new Plan is replaced, and only the newest reference shall be paid.

15.8 Payment is complete only when RateVeld receives cleared funds. If a payment is reversed, charged back or recalled after activation, the Plan ends and the amount falls due again.

15.9 RateVeld's bank details are stated in each Payment Request and are never changed by email alone. If the Customer receives a communication purporting to change them, the Customer shall confirm with RateVeld through a separate channel before paying. RateVeld is not responsible for a payment made to an account other than the one stated in its genuine Payment Request.

15.10 RateVeld shall make a record of each payment available in the Account, showing the Plan, Term, Properties, discounts, amount paid, Commencement Date and Expiry Date, and shall provide a receipt on request.

15.11 RateVeld may change the prices on the Pricing Page by giving the Customer at least 30 (thirty) days' written notice. A new price applies only from the Customer's next Payment Request. A Customer who does not accept the change may decline to renew.

15.12 RateVeld does not extend credit. Nothing is payable in arrears and no interest or late payment fees are charged.

16. Referral Codes and credits

16.1 A Customer may enter a Referral Code when registering or logging in. A valid Referral Code applies its stated percentage discount to every Plan payment the Customer makes, renewals included, for as long as the Customer keeps the Account, after the Term discount. The first Referral Code recorded on an Account is the one that applies; a later code is disregarded.

16.2 RateVeld may stop issuing a Referral Code or change its percentage for new customers at any time. This does not affect a Customer who already holds the code. RateVeld may remove a Referral Code from an Account where it was obtained by fraud or in breach of this Agreement, on written notice with reasons.

16.3 If a Referral Code is added or removed while a Payment Request is unpaid, RateVeld cancels that request and issues a new one at the corrected price. A request for which proof of payment has already been uploaded is not changed.

16.4 Concierge credit under clause 13.6 is applied to the Customer's next Payment Request after the Term and Referral Code discounts. If credit covers the whole amount, no payment is required and RateVeld activates the Plan without a bank transfer.

17. Renewal, change and cancellation of a Plan; cooling-off; refunds

17.1 Renewal. A Plan renews only if the Customer pays the renewal Payment Request under clause 2.2. If payment clears before the Expiry Date, the new Term starts on the Expiry Date. If it clears after the Expiry Date, the new Term starts on the day it clears and the intervening period is not charged.

17.2 Change of Plan. The Customer may request a different Plan or a different number of Properties at any time. Unless the Parties agree otherwise in writing, the new Plan starts on the current Expiry Date. Where the Customer asks for the new Plan to start earlier, the unused full months of the old Term are credited against the new Payment Request at the old Plan's monthly price. A Customer that has more Properties than its Plan allows may continue to use the Service for existing Properties but may not add more until it upgrades.

17.3 Cancellation. The Customer may cancel a Plan at any time by written notice to sales@rateveld.co.za from the email address on the Account. No cancellation fee is charged. The Customer may also cancel by not paying the renewal Payment Request. The Customer retains access until the Expiry Date, or until the date on which a cancellation under clause 17.4 takes effect.

17.4 Early cancellation of a 6 or 12-month Term (section 14 of the CPA). A Consumer who cancels a 6 (six) or 12 (twelve) month Term before its Expiry Date is entitled, with effect from 20 (twenty) Business Days after RateVeld receives the notice, to a refund of the prepaid fee for every full month of the Term that has not yet started on that date, calculated at the monthly list price of that Plan, so that the Term discount on the months used is forfeited as the reasonable cancellation charge. Any Referral Code discount is applied to the refund in the same proportion. RateVeld shall pay the refund by EFT within 15 (fifteen) Business Days after the cancellation takes effect. A Business Customer that cancels early is not entitled to a refund of the unused Term unless clause 4.5, 4.11, 10.3, 24.3, 28.4 or 29.2 applies.

17.5 Cooling-off and immediate commencement. The Customer agrees that, at its request and with its express consent given at sign-up, the Service starts on the Commencement Date, which may be before the end of the 7 (seven) day cooling-off period in section 44 of ECTA, and that section 42(2)(d) of ECTA may therefore exclude the statutory cooling-off right.

17.6 First-payment refund. Notwithstanding clause 17.5, if a Customer cancels its first Plan with RateVeld within 7 (seven) days after its first payment clears, RateVeld shall refund that payment in full by EFT within 30 (thirty) days. This applies once per Customer.

17.7 No other part-Term refunds. Except under clauses 4.5, 4.11, 10.3, 17.4, 17.6, 24.3, 28.4 and 29.2, or where the CPA, ECTA or other law requires it, RateVeld does not refund part of a paid Term, and there is no refund for a Property removed during a Term.

17.8 Nothing in this clause 17 limits any right the Customer has under the CPA, ECTA or the common law to cancel this Agreement for RateVeld's breach.

18. Continued performance during disputes

18.1 If a dispute arises about an amount or about the Service, each Party shall continue to perform its obligations under this Agreement while the dispute is resolved under clause 31.

18.2 RateVeld shall not end or suspend a paid Plan by reason of a dispute raised in good faith about the Service, and shall not withhold a refund or payout that is not itself in dispute.

19. Indemnity in favour of RateVeld

19.3 RateVeld shall notify the Customer promptly of any claim covered by clause 19.1, shall not settle it without consulting the Customer, and shall take reasonable steps to limit its loss.

19.4 For Business Customers, amounts due under this indemnity are payable on written demand as soon as RateVeld incurs the loss.

20. Confidentiality and publicity

20.1 "Confidential Information" means all information of a Party that is marked confidential or that a reasonable person would regard as confidential, including RateVeld's Platform, models, algorithms, methodology, non-public Documentation, Market Data and partner pricing, and the Customer's non-public Customer Data and Guest Data.

20.2 Each Party shall keep the other Party's Confidential Information confidential, use it only to perform or receive the Service, and protect it with at least reasonable care.

20.3 A Party may disclose Confidential Information to its employees, contractors, professional advisers and service providers who need to know it for the purposes of this Agreement and who are bound by confidentiality obligations no less protective than this clause; to the extent required by law, a court order or a regulator, after giving the other Party as much notice as the law allows; to a bona fide prospective acquirer of, or investor in, the Party or its business, under a written confidentiality undertaking; and to the extent reasonably necessary to enforce its rights or pursue its legal remedies under this Agreement.

20.4 Clause 20.2 does not apply to information that is or becomes public other than through a breach of this Agreement, was lawfully known to the receiving Party before disclosure, is lawfully received from a third party without a duty of confidence, or is independently developed without use of the other Party's Confidential Information.

20.5 Neither Party shall make any public announcement about this Agreement or use the other Party's name or logos without prior written consent, save that RateVeld may state in general terms that it provides services to hosts in an area, without naming the Customer, and may publish case studies the Customer has approved in writing.

20.6 This clause 20 survives termination for 3 (three) years, and indefinitely for trade secrets, Guest Data and the Platform's source code and models.

21. Intellectual Property Rights

21.1 RateVeld owns and retains all Intellectual Property Rights in the Platform, the Service, the Documentation, the Marks, the Market Data compilations, the models, algorithms, data pipelines, Aggregated Data, Usage Data and the Recommendations, and all improvements and derivative works of any of them, by whomever created. Nothing in this Agreement transfers any of these rights to the Customer.

21.2 RateVeld grants the Customer the licence in clause 3 for the duration of the Term. The Customer may apply Recommendations as prices on its own listings, and those published prices need not be removed after termination. Otherwise, on termination, the Customer's licence ends and the Customer shall cease using the Service and Recommendations, delete any exported Recommendations and Documentation it holds other than records of its own applied prices, and, if RateVeld so requests, confirm this in writing.

21.3 The Customer owns and retains its Customer Data and guidebook content. The Customer grants RateVeld a non-exclusive, royalty-free, worldwide licence to host, copy, process, display and analyse Customer Data during the Term, and for the period required under clause 27, in order to provide, secure and support the Service, to publish the Customer's guidebook and property page to its Guests, and to create Aggregated Data in accordance with clause 8.3.

21.4 The Customer grants RateVeld a perpetual, irrevocable, royalty-free right to use, adapt and incorporate any Feedback into the Platform without restriction or payment. To the extent any Intellectual Property Rights arise in the Feedback or in any improvement to the Platform arising from it, the Customer assigns them to RateVeld, including by way of present assignment of future copyright, and shall sign any document reasonably required to give effect to this assignment.

21.5 The Platform includes third-party software and data licensed to RateVeld, including open-source components, map tiles and Market Data. The Customer receives no rights in that third-party material beyond the licence in clause 3 and shall comply with any third-party terms RateVeld notifies to it.

21.6 The Customer shall not upload or use any third-party material on the Platform that infringes another person's Intellectual Property Rights.

21.7 If a third party claims that the Customer's authorised use of the Platform infringes its Intellectual Property Rights in South Africa, RateVeld shall at its option and cost modify the Platform so that it no longer infringes, obtain the right for the Customer to continue using it, or end the affected Plan and refund the prepaid fee for the unused part of the Term.

22. Warranties and disclaimers

22.1 RateVeld warrants that it will provide the Service with reasonable care and skill and substantially in accordance with the Documentation and the Service Levels.

22.2 RateVeld warrants that it will not generate a Recommendation below the Customer's saved Floor Price, as set out in clause 7.5, and that every Recommendation will carry an explanation of its main factors.

22.3 Each Party warrants that it has the authority to enter into this Agreement.

22.5 Nothing in this Agreement limits a Consumer's rights under section 54 of the CPA to have services performed in a timely manner and of a quality that persons are generally entitled to expect. Where RateVeld fails to meet that standard, the Consumer may require RateVeld to remedy the defect or refund a reasonable portion of the price paid, having regard to the extent of the failure.

23. Limitation of liability

23.5 This clause 23 does not shorten the period within which the Customer may bring a claim under the Prescription Act 68 of 1969.

24. Force majeure

24.1 Neither Party is liable for a failure or delay in performing an obligation (other than an obligation to pay money already due) to the extent caused by an event beyond its reasonable control, including natural disaster, fire, flood, pandemic, war, riot, strike, load-shedding or grid failure, failure of internet or telecommunications networks, failure of a hosting provider, cyber-attack not caused by the affected Party's failure to maintain reasonable security, or an act of government ("Force Majeure").

24.2 The affected Party shall notify the other Party promptly and use reasonable efforts to limit the effect of the Force Majeure.

24.3 If Force Majeure prevents the Service from being provided for more than 10 (ten) consecutive Business Days, either Party may cancel the affected Plan on written notice, and RateVeld shall refund the prepaid fee for the period during which the Service was not provided.

25. Data protection (POPIA)

25.1 RateVeld as responsible party. RateVeld is the responsible party for personal information about the Customer and its users that RateVeld processes to provide the Service, manage the Account, bill, pay concierge commission, give support, secure the Platform and meet its legal obligations, being the Customer's name, email address, telephone number where given, Property details, Calendar Links and the nights read from them, proof-of-payment documents, payout bank details (stored encrypted) and Usage Data. The Privacy Notice describes this processing. RateVeld does not collect Property street addresses; Properties are located by suburb.

25.2 Location of data. RateVeld's application, database, file storage and mail server are hosted in South Africa. Personal information leaves South Africa only as described in clause 25.6.

25.3 RateVeld as operator for Guest Data and other third-party information. Where the Customer keeps Guest Data in the Guest Hub, provides RateVeld with Calendar Links that carry Guest names, or provides personal information about co-hosts, owners or staff, the Customer is the responsible party and RateVeld is its operator under section 21 of POPIA. For that processing RateVeld shall:

25.3.1 process the information only with the Customer's knowledge or authorisation, on the Customer's instructions given through the Platform, and only for the purposes of the Guest Hub, the Concierge Service and the Service;

25.3.2 treat it as confidential and never use it for RateVeld's own marketing;

25.3.3 never make one Customer's Guests visible to another Customer;

25.3.4 maintain the security measures referred to in section 19 of POPIA, as described in clause 25.4;

25.3.5 notify the Customer immediately where there are reasonable grounds to believe the information has been accessed or acquired by an unauthorised person;

25.3.6 engage sub-operators (at the Effective Date the hosting provider, the payment service provider for card payments, and the Concierge Partner for concierge bookings) only under written terms that impose equivalent obligations;

25.3.7 assist the Customer in responding to a Guest's request for access, correction or deletion, by providing the Guest list, export and purge tools in the Platform; and

25.3.8 delete or anonymise it in accordance with clauses 12.6 and 27.

25.4 Security. RateVeld shall secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures, including TLS encryption in transit, encryption at rest of Calendar Links, access codes and bank account numbers, hashed passwords, access controls, audit logging of staff access and regular backups, as described in the Privacy Notice.

25.5 Compromise. If RateVeld has reasonable grounds to believe that personal information it processes as responsible party has been accessed or acquired by an unauthorised person, RateVeld shall notify the Information Regulator and the affected data subjects as soon as reasonably possible, as required by section 22 of POPIA.

25.6 Transfers outside South Africa. RateVeld's public marketing pages use Google Analytics; the logged-in Platform is not tracked. Pages load fonts and map tiles from third-party servers, which receive the visitor's IP address. Card payments are processed by RateVeld's payment service provider. If RateVeld enables mobile push notifications, device tokens and alert text pass through Google's notification service. RateVeld's licensed Market Data vendors receive no personal information. RateVeld shall transfer personal information outside South Africa only where section 72 of POPIA permits it, including where the recipient is bound by a law, binding corporate rules or a binding agreement that provides adequate protection, or where the transfer is necessary to perform this Agreement. By accepting this Agreement, the Customer consents to these transfers to the extent consent is required.

25.7 Support access. RateVeld staff may view the Customer's Account as the Customer sees it, in order to give support or investigate a problem. Every such session is logged with the staff member, the time and the actions taken, and the log is retained for at least 12 (twelve) months. RateVeld shall not change the Customer's settings in such a session without the Customer's request.

25.8 Information Officer. RateVeld's Information Officer is its proprietor, contactable at sales@rateveld.co.za. Data subjects may exercise their rights of access, correction, deletion and objection under POPIA by contacting the Information Officer, and may lodge a complaint with the Information Regulator (complaints.IR@justice.gov.za).

25.9 Direct marketing. RateVeld shall not send direct marketing by electronic communication to the Customer unless the Customer has opted in or the marketing relates to similar services, and the Customer may opt out at any time by reply. Service communications (Payment Requests, activation and renewal notices, incident notices and alerts) are not direct marketing.

26. Suspension

26.1 RateVeld may suspend the Service for some or all of the Customer's Properties: immediately, if a payment is reversed, charged back or recalled after activation, until it is made good; immediately, if RateVeld reasonably believes the Account is being used in material breach of clause 8.4 or clause 9, or in a way that threatens the security or integrity of the Platform, other customers or Guests, or exposes RateVeld to legal liability, in which case RateVeld shall inform the Customer of the reason as soon as reasonably possible and, where reasonable, shall warn the Customer first; or for scheduled or emergency maintenance in accordance with clause 4.8.

26.2 RateVeld shall restore the Service within 1 (one) Business Day after the reason for suspension has been remedied.

26.3 Where a suspension for suspected breach proves to have been unjustified, RateVeld shall extend the Term by the number of days suspended.

27. Data on termination and Account deletion

27.1 For 30 (thirty) days after the Customer's last Term ends, the Customer may log in to export its Customer Data, its Guest list and the Recommendation history for its Properties in CSV format. During a Term the CSV export is available at any time.

27.2 Within 60 (sixty) days after the end of the export period, or within 30 (thirty) days after the Customer requests deletion of its Account, RateVeld shall delete or de-identify the Customer's Customer Data, Guest Data and personal information, except:

27.2.1 records RateVeld must retain by law, including tax and accounting records (Payment Requests, proof-of-payment documents, activation records and commission statements) for the period required by the Tax Administration Act 28 of 2011, at the Effective Date 5 (five) years;

27.2.2 information needed to establish, exercise or defend legal claims;

27.2.3 backup copies, which are overwritten in the ordinary backup cycle of not more than 90 (ninety) days and are not used in the interim;

27.2.4 Aggregated Data;

27.2.5 Property identifiers kept under clause 11.4; and

27.2.6 audit-log entries, which are retained for 12 (twelve) months.

27.3 The Customer may at any time request deletion of its Account by email from the Account's email address to sales@rateveld.co.za. RateVeld shall confirm the request and complete the deletion within 30 (thirty) days, subject to clause 27.2. Deletion of the Account ends any unexpired Term without a refund, except where clause 17.4 or 17.6 applies.

27.4 Guest Data is in addition anonymised in accordance with the Customer's retention setting under clause 12.6, whether or not the Account continues.

28. Breach and termination

28.1 If a Party (the "Defaulting Party") breaches a material term of this Agreement and fails to remedy the breach within 10 (ten) Business Days after receiving written notice from the other Party requiring it to do so, the other Party may, without prejudice to any other rights it may have, cancel this Agreement on written notice and claim damages, subject to clause 23.

28.2 RateVeld may terminate this Agreement immediately on written notice if the Customer commits a material breach of clause 8.4 or clause 9 that cannot be remedied, or repeats a breach after receiving a notice under clause 28.1.

28.3 Either Party may terminate this Agreement immediately on written notice if the other Party is placed in liquidation or business rescue, or sequestrated, whether provisionally or finally, or commits an act of insolvency.

28.4 RateVeld may end the Service for all customers or for the Customer for any other reason by giving at least 30 (thirty) days' written notice. In that case RateVeld shall refund the prepaid fee for the period after termination and pay out any concierge credit or accrued commission.

28.5 Termination does not affect rights and obligations that accrued before termination, or clauses that by their nature are intended to survive, including clauses 1, 7, 13.6, 13.7, 13.10, 18, 19, 20, 21, 23, 25, 27, 28, 31, 32 and 33.

29. Amendments to this Agreement

29.1 RateVeld may amend this Agreement by giving the Customer at least 30 (thirty) days' written notice, by email and in the Account, describing the changes in plain language. The current version, with its effective date and version number, is published at rateveld.co.za/terms.

29.2 If the Customer does not accept an amendment, the Customer may cancel before the amendment takes effect. Cancellation shall be without charge, and RateVeld shall refund the prepaid fee for the period after the amendment takes effect.

29.3 RateVeld may make changes that are required by law, or that are purely beneficial to the Customer, on shorter notice.

29.4 An amendment does not apply to a dispute that arose before it took effect.

29.5 Price changes are governed by clause 15.11.

30. Cession and assignment

30.1 The Customer may not cede, assign or delegate any of its rights or obligations under this Agreement without RateVeld's prior written consent, which shall not be unreasonably withheld.

30.2 RateVeld may cede and assign this Agreement to a successor to all or part of its business, including a company formed to take over RateVeld, on written notice to the Customer, provided that the successor assumes RateVeld's obligations to the Customer. The Customer's rights are unaffected. A Customer who objects may cancel under clause 17.3, and clause 17.4 shall apply as if the Customer were a Consumer.

31. Dispute resolution

31.1 If a dispute arises, the Customer should first contact RateVeld at sales@rateveld.co.za. The Parties shall attempt in good faith to resolve the dispute within 10 (ten) Business Days.

31.2 If the dispute is not resolved, either Party may refer it to mediation by a mediator agreed by the Parties, or failing agreement within 5 (five) Business Days, appointed by the Arbitration Foundation of Southern Africa (AFSA). Each Party shall bear its own costs of mediation and the mediator's fees shall be shared equally.

31.3 A Consumer may at any time refer a complaint to the National Consumer Commission, the Consumer Goods and Services Ombud, the Information Regulator or a court of competent jurisdiction, and nothing in this clause limits that right.

31.4 For Business Customers only, either Party may refer an unresolved dispute to final and binding arbitration in Cape Town under the rules of AFSA by a single arbitrator. A Consumer may agree to arbitration only after a dispute has arisen, in writing.

31.5 Nothing in this clause prevents a Party from applying to court for urgent interim relief.

31.6 The Parties consent, in terms of section 45 of the Magistrates' Courts Act 32 of 1944, to the jurisdiction of the Magistrates' Court for any action under this Agreement, even if the amount claimed would otherwise exceed that court's jurisdiction. A Party may nonetheless approach the High Court with jurisdiction.

32. Governing law and jurisdiction

32.1 This Agreement is governed by the law of South Africa.

32.2 Subject to clause 31, the Parties consent to the jurisdiction of the Western Cape Division of the High Court, Cape Town, and the Magistrates' Court under clause 31.6. A Consumer may also institute proceedings in the court of the district in which the Consumer resides.

33. Domicilium citandi et executandi and notices

33.1 The Parties choose as their domicilium citandi et executandi for all purposes under this Agreement, including service of legal process: RateVeld, the physical address stated in clause 34.1.3 and the email address sales@rateveld.co.za; the Customer, the physical address (if given) and email address recorded in the Account.

33.2 A Party may change its domicilium to another physical address in South Africa, or its email address, by written notice to the other Party, effective 5 (five) Business Days after receipt.

33.3 Notices under this Agreement may be given by email, through the Account or by hand delivery. A notice sent by email is presumed received on the first Business Day after it was sent, unless the sender receives a delivery failure message. A notice delivered by hand is presumed received on the day of delivery.

33.4 Notwithstanding clause 33.3, a written notice actually received by a Party is adequate even if it was not sent to its chosen domicilium.

33.5 The Customer agrees that this Agreement and all notices, Payment Requests, receipts and disclosures may be provided in electronic form, and that data messages satisfy any requirement that they be in writing, as provided for in sections 12 and 13 of ECTA.

34. Disclosures under section 43 of ECTA

34.1 For the purposes of section 43 of ECTA, RateVeld provides the following information:

34.1.1 full name and legal status: a sole proprietorship trading as RateVeld and RateVeld ZA; the proprietor's full name is stated on every Payment Request and is available on request from sales@rateveld.co.za;

34.1.2 registration number: not applicable to a sole proprietorship; place of business: Cape Town, South Africa;

34.1.3 physical address and telephone number: Cape Town, Western Cape; the street address is stated on every Payment Request and is available on request from sales@rateveld.co.za. RateVeld does not publish a telephone number; email is its service address;

34.1.4 website and email: rateveld.co.za; sales@rateveld.co.za;

34.1.5 address for service of legal documents: the domicilium in clause 33.1;

34.1.6 membership of self-regulatory or accreditation bodies and codes of conduct: none;

34.1.7 main characteristics of the Service: clauses 1.1.4.41, 4, 12 and 13 and the Documentation;

34.1.8 full price: as on the Pricing Page and in clause 15.1, inclusive of all taxes and fees. No delivery costs apply. The Guest Hub price is confirmed in writing before the first charge;

34.1.9 manner of payment: clauses 15.6 and 12.2;

34.1.10 terms of agreement and how to access, store and reproduce them: this Agreement may be printed or saved from rateveld.co.za/terms at any time;

34.1.11 time within which services will be rendered: from the Commencement Date, as described in clauses 1.1.4.11 and 15.6;

34.1.12 access to a record of the transaction: payment records in the Account under clause 15.10;

34.1.13 return, exchange and refund policy: clauses 17 and 28.4;

34.1.14 alternative dispute resolution: clause 31;

34.1.15 security procedures and privacy policy: clause 25 and the Privacy Notice. Plan payments are made from the Customer's own bank by EFT or PayShap, or by card through Paystack where offered;

34.1.16 minimum duration: 1 (one) month. No Term exceeds 12 (twelve) months;

34.1.17 rights of consumers under section 44 of ECTA: clauses 17.5 and 17.6.

34.2 Before the Customer requests a Plan, the Platform displays the Plan, the number of Properties, the Term, every discount and the total amount, and affords the Customer the opportunity to review the entire transaction, correct mistakes and withdraw. Nothing is charged until the Customer itself makes payment.

35. General

35.1 Entire agreement. This Agreement is the whole agreement between the Parties about its subject matter. Neither Party relies on any representation or warranty not recorded in it. Marketing illustrations and worked examples are not representations about the Customer's results.

35.2 Variation. Except as provided in clauses 15.11 and 29, no variation of this Agreement is binding unless it is recorded in writing and accepted by both Parties, which may include acceptance through the Platform.

35.3 No waiver. No relaxation or indulgence that a Party grants the other prejudices or waives that Party's rights.

35.4 Severability. Each provision is severable. If any provision is unenforceable, the remainder of this Agreement remains in force.

35.5 Independent parties. The Parties are independent contractors. Save for the limited authorities in clauses 11 and 13, nothing in this Agreement creates a partnership, joint venture, agency or employment relationship.

35.6 Costs. Each Party bears its own costs of concluding this Agreement. In any litigation, costs follow the court's order.

35.7 CPA. Nothing in this Agreement is intended to limit or exclude any right a Consumer has under the CPA. Any provision that would do so is to be read down to the extent necessary to comply with the CPA.

35.8 Electronic acceptance. The Customer accepts this Agreement by Electronic Acceptance. At sign-up the Customer confirms that it has read and accepts this Agreement and the Privacy Notice; that it has read and specifically accepts the clauses printed in bold capitals (clauses 7.1 to 7.4, 10.2, 11.5, 13.9, 19, 22.4 and 23), which limit the Customer's rights or impose obligations on the Customer and are brought to the Customer's attention in accordance with section 49 of the CPA; and that it consents to the Service starting as soon as its payment clears, as described in clause 17.5. RateVeld retains a record of the version accepted and the Account identifier, and presents the current version for re-acceptance when a material amendment takes effect.

35.9 Signed version. Where this Agreement is signed in writing, it may be signed in counterparts, and signature by a Party on one counterpart binds that Party.

Queries regarding this Agreement: sales@rateveld.co.za