Terms of Service

Effective date: [TO BE INSERTED BEFORE LAUNCH]

Last updated: July 2025

Lees in Afrikaans

1. Introduction and parties

These Terms of Service ("Terms") constitute a binding agreement between Geteken (Pty) Ltd, a private company incorporated under the laws of the Republic of South Africa ("Geteken", "we", "us"), and the individual or legal entity that creates an account or uses the Geteken platform ("Customer", "you").

By creating an account or using the platform you agree to these Terms. If you do not agree, do not use the platform.

These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Western Cape Division of the High Court of South Africa for disputes that cannot be resolved by mediation.

2. Definitions

  • "Envelope" or "Pack" means a signing transaction comprising one or more documents sent to one or more recipients for electronic signature.
  • "Audit Certificate" means the cryptographically signed PDF artifact generated by the platform upon completion of an envelope, recording the signing actions, identity verification steps, and document hashes.
  • "Wallet" means the pre-paid credit balance associated with a Customer account, denominated in South African Rand.
  • "Signing Credits" means the unit of account deducted from the Wallet on completion of a signing event.
  • "Platform" means the Geteken web application, REST API, edge functions, and associated infrastructure.
  • "Data" means any documents, personal information, or other content uploaded to or processed by the Platform.

3. Services

Geteken provides an electronic signature platform enabling Customers to: (a) send documents for electronic signature; (b) capture legally binding electronic signatures as contemplated by the Electronic Communications and Transactions Act 25 of 2002 (ECTA); (c) generate audit certificates; and (d) integrate via REST API.

The platform is provided on an "as is" and "as available" basis, subject to the service levels and limitations set out in these Terms.

Free tier: New accounts receive two (2) complimentary signing events. These do not expire but may not be rolled over to a paid plan.

4. Accounts and security

You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

You must notify us immediately at compliance@geteken.co.za if you suspect unauthorised access to your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used fraudulently or in breach of these Terms.

5. Pricing, Wallet, and payment

Prices are published at geteken.co.za/pricing. All prices are stated in South African Rand and are VAT-inclusive at the current statutory rate (15% as at the effective date).

Wallet credits are prepaid and non-refundable except as required by the Consumer Protection Act 68 of 2008 (CPA) where applicable. Credits do not expire.

Subscription fees are billed monthly in advance. Subscriptions may be cancelled at any time; no refund is given for the remaining days in a billing period.

Payments are processed by Paystack (a Stripe company). We do not store card details. Paystack's terms and privacy policy apply to payment processing.

6. Intellectual property

Geteken retains all rights, title, and interest in the Platform, its software, trademarks, and associated intellectual property.

You retain all rights in your Data. You grant Geteken a limited, non-exclusive licence to process, store, and transmit your Data solely to provide the Services.

You must not reverse-engineer, decompile, or attempt to extract the source code of the Platform.

7. Data, privacy, and POPIA

The collection and processing of personal information is governed by our Privacy Policy (geteken.co.za/privacy) and by the Protection of Personal Information Act 4 of 2013 (POPIA).

You are the responsible party for personal information you upload or send via the Platform. You warrant that you have a lawful basis to share that personal information with Geteken for processing.

Geteken acts as an operator in respect of personal information in documents and signing events.

8. Limitation of liability

To the maximum extent permitted by applicable law, Geteken's total aggregate liability to you for any cause of action arising under or in connection with these Terms shall not exceed the lesser of: (a) the total fees paid by you to Geteken in the twelve (12) months preceding the event giving rise to the claim; or (b) ZAR 10 000.

Geteken shall not be liable for: indirect, incidental, special, consequential, or punitive damages; loss of data; loss of profits; or business interruption.

Nothing in these Terms limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited by South African law.

Where applicable, the Consumer Protection Act 68 of 2008 may confer rights on consumers that cannot be excluded. These Terms do not limit rights conferred by the CPA.

9. Termination

You may close your account at any time from the account settings page.

Geteken may suspend or terminate your account immediately if: (a) you breach these Terms; (b) we are required to do so by law; or (c) continued provision of the service would expose us or our users to legal risk.

On termination, your Data is retained for the period specified in the Privacy Policy and then permanently deleted. You may export your Data before termination.

10. Disputes

The parties will attempt to resolve any dispute by good-faith negotiation within 30 days of written notice.

If negotiation fails, the parties will attempt mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) before commencing litigation.

These Terms are governed by South African law. The Western Cape Division of the High Court of South Africa has jurisdiction.

11. General

  • Entire agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties with respect to the Platform.
  • Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
  • Amendment: We may update these Terms with 30 days' notice by email or in-platform notification. Continued use after the notice period constitutes acceptance.
  • Waiver: Failure to exercise any right does not constitute a waiver.
  • Language: These Terms are published in English and Afrikaans. In the event of conflict, the English version prevails.

12. Contact

Geteken (Pty) Ltd · compliance@geteken.co.za · South Africa

compliance@geteken.co.za