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QCMD MARKETING TERMS AND CONDITIONS v1.1 [LAST UPDATED 2024-01-05] PRINTED COPIES ARE UNCONTROLLED

QCMD MARKETING TERMS AND CONDITIONS

Last Updated: 2025-01-05 Version: 1.1 Document Reference: TCv1-2025

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

• "Agreement" means these Terms and Conditions;

• "QCMD Marketing" means QCMD Marketing, registered in Cape Town, South Africa;

• "Customer" means any person or entity that purchases or uses our services;

• "Services" means any and all services provided by QCMD Marketing;

• "Platform" means the QCMD Marketing software, applications, and systems;

• "Subscription" means the recurring payment arrangement for our services;

• "SMVM" means Social Media Visibility Management;

• "AI Employee" means QCMD Marketing's AI-driven automation tools;

• "Content" means any material uploaded or created using our services.

2. APPLICATION OF TERMS

2.1 These Terms and Conditions apply to all services provided by QCMD Marketing.

2.2 By accessing or using our services, you agree to be bound by these Terms and Conditions.

2.3 QCMD Marketing reserves the right to modify these terms at any time. Users will be notified of significant changes.

3. SERVICE DESCRIPTION AND USAGE

3.1 QCMD Marketing provides digital marketing solutions including but not limited to:

• Social Media Visibility Management (SMVM)

• AI-Driven Marketing Systems

• Customer Relationship Management (CRM)

• WhatsApp API Integration

• SMS/Texting Solutions

• Automated Communication Systems

3.2 Usage Guidelines

• Services must be used in compliance with all applicable laws and regulations

• Bulk messaging features must adhere to anti-spam regulations

• API usage is subject to fair use policies

• Automated systems must not be used for harassment or misleading practices

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QCMD MARKETING TERMS AND CONDITIONS v1.1 [LAST UPDATED 2024-01-05] PRINTED COPIES ARE UNCONTROLLED

3.3 Service Limitations

• WhatsApp messaging is subject to Meta's terms of service

• SMS services are subject to telecommunications regulations

• Bulk messaging may be rate-limited to ensure system stability

• Storage capacity may be optimised for performance

4. TRIAL PERIOD AND SUBSCRIPTION

4.1 Free Trial

• All new customers are eligible for a 7-day free trial period

• Valid payment card details must be provided at the start of the trial

• The trial period automatically converts to a paid subscription unless cancelled

• Only one trial period per customer or business entity

• Full-service features are available during the trial

4.2 Subscription Terms

• Subscriptions are billed on a recurring basis

• Payment terms are specified in the service agreement

• Customers may cancel at any time with one month's written notice

• Subscription fees are subject to annual review

• Service access may be suspended for non-payment

5. PAYMENT TERMS

5.1 Payment Methods

• All payments must be made via approved payment methods

• Valid banking card details must be maintained throughout the subscription period. Most of the tools are pre-paid tools, therefore a bank card must be loaded to the system for wallet top-ups.

• Failed payments must be resolved within 5 business days

5.2 Billing

• Billing occurs according to the chosen subscription plan

• All fees are non-refundable unless otherwise stated

• Currency is in South African Rand (ZAR)

• Tax invoices will be provided for all payments

6. TRAINING AND SUPPORT

6.1 Initial Training

• Comprehensive training is provided upon service activation

• Training includes platform usage, best practices, and compliance guidelines

• Additional training sessions may be scheduled as needed

6.2 Ongoing Support

• Technical support is available during business hours

• Emergency support is available for critical issues

• Self-help resources and documentation are provided

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QCMD MARKETING TERMS AND CONDITIONS v1.1 [LAST UPDATED 2024-01-05] PRINTED COPIES ARE UNCONTROLLED

• Regular updates on new features and improvements

7. DATA PROTECTION AND PRIVACY

7.1 Compliance

• QCMD Marketing complies with GDPR and South African Data Protection Regulations

• Regular data protection impact assessments are conducted

• Data processing agreements are available upon request

7.2 Data Security

• Customer data is protected using industry-standard security measures

• Regular security audits and updates are performed

• Data encryption is used for sensitive information

• Backup systems are maintained for data protection

7.3 Data Processing

• Personal data is processed only as necessary for service provision

• Data retention periods align with legal requirements

• Customers maintain control over their data

• Third-party processing is governed by appropriate agreements

8. AI AND AUTOMATION SYSTEMS

8.1 AI Employee Usage

• AI systems operate within defined ethical parameters

• Automated decisions may be reviewed manually

• AI training data excludes sensitive personal information

• Performance metrics are regularly monitored

8.2 System Limitations

• AI systems may require human oversight

• Automated responses should be reviewed for accuracy

• System availability may vary due to maintenance

• Performance may vary based on input quality

9. CUSTOMER OBLIGATIONS

9.1 The Customer agrees to:

• Provide accurate and complete information

• Maintain the security of account credentials

• Use the services in compliance with applicable laws

• Complete required training for service utilisation

• Maintain appropriate data protection measures

• Report any security incidents promptly

• Respect intellectual property rights

• Ensure appropriate use of automated systems

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QCMD MARKETING TERMS AND CONDITIONS v1.1 [LAST UPDATED 2024-01-05] PRINTED COPIES ARE UNCONTROLLED

10. TERMINATION

10.1 Either party may terminate this Agreement:

• With one month's written notice

• Immediately for material breach

• As otherwise provided in these Terms

10.2 Upon Termination

• Customer data will be retained as required by law

• Access to services will cease

• Outstanding payments must be settled

• Data export options will be provided

11. LIABILITY AND INDEMNIFICATION

11.1 Limitation of Liability

• QCMD Marketing's liability shall be limited as permitted by law

• Indirect and consequential losses are excluded

• Force majeure events are excluded

• Technical issues beyond our control are excluded

12. GOVERNING LAW AND JURISDICTION

12.1 These Terms and Conditions are governed by South African law.

12.2 Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

13. CONTACT INFORMATION

For any queries regarding these Terms and Conditions, please contact:

QCMD Marketing

Unit 21/22 Foregate Square

Heerengracht Street,

Foreshore

Cape Town, 8000,

South Africa

Email: [email protected]

Telephone: 060 047 5919