Terms and Conditions

1. INTRODUCTION AND ACCEPTANCE

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding contract between you (“Client”, “you”, “your”) and J29 (Pty) Ltd (“J29”, “we”, “us”, “our”), a company duly registered in accordance with the laws of the Republic of South Africa.

By accessing our website (www.j29.co.za), using any of our services, registering for programs, or engaging with J29 in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

These Terms apply to all users of our services, including individual entrepreneurs, business owners, corporate clients, and program participants.

Effective Date: 02 January 2025

Last Updated: 02 January  2025

2. DEFINITIONS

In these Terms, unless the context indicates otherwise:

  • “AI Technologies” means artificial intelligence systems, machine learning algorithms, and automated processing tools used by J29, including but not limited to services provided by Anthropic (Claude), OpenAI, Google, Microsoft, and other AI providers;
  • “Client Content” means any data, information, documents, images, videos, text, or other materials provided by you to J29 for use in delivering services;
  • “Deliverables” means the outputs, work products, and materials created by J29 for you as part of the services;
  • “Personal Information” has the meaning assigned to it in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (POPIA);
  • “Services” means all services provided by J29 including but not limited to training programs, mentorship, digital marketing, web development, AI implementation, business support, and related offerings under the Learn, Grow, and Get Online methodology;
  • “Website” means www.j29.co.za and any related subdomains, platforms, or digital properties operated by J29;
  • “Intellectual Property” means all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, and other intellectual property rights, whether registered or unregistered.

3. COMPANY INFORMATION

Legal Name: J29 Business Development

Physical Address: Johannesburg, South Africa

Email: info@j29.co.za

Telephone: 010 157 2640

Website: www.j29.co.za

4. SCOPE OF SERVICES

4.1 Service Offerings

J29 provides digital transformation services for Micro, Small, and Medium Enterprises (MSMEs) through three primary pillars:

  • Learn: Skills development programs, AI-powered workshops, digital literacy training, business fundamentals, technology integration training, and accredited learning programs;
  • Grow: Business mentorship, strategic planning, operational support, market access facilitation, and ecosystem development;
  • Get Online: Digital marketing, graphic design, brand development, social media management, web design and development, website hosting, AI implementation, digital infrastructure setup, and ongoing support.

4.2 Service Customization

Specific services, deliverables, timelines, and pricing will be defined in separate service agreements, proposals, or statements of work that reference these Terms. In the event of any conflict between these Terms and a specific service agreement, the specific service agreement shall prevail.

4.3 AI-Enhanced Services

Many of our services incorporate AI Technologies to enhance quality, efficiency, and outcomes. By engaging our services, you acknowledge and consent to the use of AI Technologies in service delivery, which may include:

  • Content generation and enhancement;
  • Data analysis and business insights;
  • Automated workflow optimization;
  • Personalized training and recommendations;
  • Customer support and communication assistance.

5. CLIENT RESPONSIBILITIES

5.1 Information and Cooperation

You agree to:

  • Provide accurate, complete, and truthful information;
  • Promptly respond to requests for information, feedback, or approvals;
  • Cooperate with J29 staff and provide reasonable access to personnel, facilities, and information necessary for service delivery;
  • Notify us of any changes to your business, contact information, or circumstances that may affect service delivery.

5.2 Client Content

You warrant and represent that:

  • You own or have the necessary rights, licenses, and permissions to provide Client Content to J29;
  • Client Content does not infringe any third-party intellectual property rights, privacy rights, or other rights;
  • Client Content does not contain illegal, defamatory, obscene, or harmful material;
  • You grant J29 a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process Client Content solely for the purpose of delivering services to you.

5.3 Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards in your use of our services, including but not limited to tax laws, labour laws, consumer protection laws, and data protection regulations.

5.4 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials;
  • All activities that occur under your account;
  • Notifying us immediately of any unauthorized use or security breach.

6. ARTIFICIAL INTELLIGENCE USE AND LIMITATIONS

6.1 AI-Powered Service Delivery

J29 utilises AI Technologies provided by third-party vendors, including OpenAI and other providers, to enhance service delivery. You acknowledge and agree that:

  • AI-generated content and recommendations are tools to assist in service delivery and should be reviewed by qualified human professionals;
  • AI outputs may contain errors, inaccuracies, or limitations and should not be solely relied upon for critical business decisions;
  • J29 maintains human oversight of all AI-generated deliverables before final delivery to clients;
  • Your Client Content may be processed by AI systems operated by third-party providers subject to their terms of service and privacy policies.

6.2 Data Processing by AI Systems

When Client Content is processed using AI Technologies:

  • We implement safeguards to protect your information in accordance with our Privacy Policy and POPIA;
  • We enter into data processing agreements with AI providers requiring them to protect your information;
  • Data may be transmitted to and processed on servers located outside South Africa, subject to appropriate safeguards;
  • We do not authorize AI providers to use your data to train their general models without your explicit consent.

6.3 No Guarantee of AI Availability

AI services are provided by third-party vendors over whom we have limited control. We do not guarantee continuous availability, performance, or specific capabilities of AI Technologies. In the event of AI service interruptions or limitations, we will use reasonable alternative methods to deliver services.

6.4 Client Use of AI Deliverables

You acknowledge that:

  • AI-generated content should be reviewed and validated before publication or commercial use;
  • You are responsible for ensuring AI-generated content complies with applicable laws, regulations, and industry standards;
  • J29 is not liable for consequences arising from your use of AI-generated deliverables without proper review and validation.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 J29 Intellectual Property

J29 retains all rights, title, and interest in and to:

  • The J29 brand, logo, trademarks, and service marks;
  • Our methodology, processes, frameworks, and training materials;
  • Website content, design, code, and functionality;
  • Pre-existing intellectual property and tools used in delivering services;
  • Improvements, modifications, or derivatives of our existing intellectual property created during service delivery.

7.2 Deliverables and Work Product

Upon full payment of fees:

  • You receive ownership of final Deliverables specifically created for you, excluding any J29 pre-existing materials, methodologies, or third-party licensed content;
  • J29 retains the right to use concepts, ideas, know-how, and techniques learned during the engagement for other clients;
  • J29 may showcase your work in portfolios, case studies, and marketing materials unless otherwise agreed in writing.

7.3 Third-Party Content and Licenses

Services may incorporate third-party software, plugins, themes, stock images, fonts, or other licensed materials. You acknowledge that such materials remain subject to the respective third-party licenses and may require separate licensing for commercial use. J29 will inform you of any material third-party license requirements.

7.4 Client Content Rights

You retain all ownership rights to Client Content provided to J29. By providing Client Content, you grant J29 a limited license to use, reproduce, modify, and display such content solely for the purpose of delivering services and fulfilling our contractual obligations.

8. PAYMENT TERMS

8.1 Fees and Pricing

Service fees will be specified in proposals, statements of work, or invoices. All prices are quoted in South African Rand (ZAR) and are exclusive of Value Added Tax (VAT) unless otherwise stated.

J29 reserves the right to adjust pricing for future services with reasonable notice. Price changes do not apply to services already contracted or in progress.

8.2 Payment Terms

Unless otherwise agreed:

  • Payment is due within 30 days of invoice date;
  • We may require deposits, milestone payments, or upfront payment for certain services;
  • Corporate-funded programs may have different payment arrangements as agreed with funding entities;
  • Recurring services require payment in advance of each billing period.

8.3 Late Payment

Overdue amounts will accrue interest at the maximum rate permitted by South African law. J29 reserves the right to suspend services and withhold deliverables until payment is received. You remain liable for all costs of collection, including reasonable attorney fees.

8.4 Refund Policy

Refunds are handled as follows:

  • Training programs: Refunds available if cancellation is made 7 days before program commencement;
  • Custom services: Refunds prorated based on work completed and expenses incurred;
  • Non-refundable items: Deposits, third-party licenses, domain registrations, and completed deliverables;
  • Refund requests must be submitted in writing and will be processed within 30 business days of approval.

9. PRIVACY AND DATA PROTECTION

J29 is committed to protecting your personal information in accordance with POPIA and applicable data protection laws. Our collection, use, processing, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you:

  • Consent to the processing of your personal information as described in our Privacy Policy;
  • Acknowledge that your information may be processed by third-party service providers, including AI providers;
  • Understand that information may be transferred outside South Africa subject to appropriate safeguards;
  • Have the right to access, correct, delete, or object to processing of your personal information as provided in POPIA.

10. WARRANTIES AND DISCLAIMERS

10.1 J29 Warranties

J29 warrants that:

  • Services will be performed with reasonable care and skill consistent with industry standards;
  • We have the necessary expertise, qualifications, and authority to provide services;
  • We will comply with applicable laws and regulations in delivering services.

10.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS:

  • SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;
  • J29 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
  • WE DO NOT GUARANTEE SPECIFIC BUSINESS OUTCOMES, REVENUE INCREASES, OR COMMERCIAL SUCCESS;
  • WE DISCLAIM LIABILITY FOR ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED CONTENT;
  • WE DO NOT WARRANT UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE DELIVERY;
  • TRAINING AND ADVICE ARE FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE PROFESSIONAL LEGAL, FINANCIAL, OR ACCOUNTING ADVICE.

10.3 Third-Party Services

J29 is not responsible for the performance, availability, or content of third-party services, websites, or platforms integrated with or referenced in our services. Third-party services are subject to their own terms and conditions.

11. LIMITATION OF LIABILITY

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, J29’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO J29 IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, J29 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Specific Exclusions

J29 is not liable for:

  • Losses arising from your failure to provide accurate information or reasonable cooperation;
  • Business decisions made based on our advice, training, or AI-generated content;
  • Third-party actions, including AI provider service failures or data breaches;
  • Force majeure events beyond our reasonable control;
  • Unauthorized access to or use of our servers or your information stored therein.

11.4 Consumer Protection Act Compliance

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under the Consumer Protection Act, 2008 (Act No. 68 of 2008) or other applicable consumer protection legislation.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless J29, its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:

  • Your breach of these Terms;
  • Your use or misuse of services;
  • Your violation of any law, regulation, or third-party rights;
  • Client Content provided by you, including claims of intellectual property infringement;
  • Your business activities, products, or services marketed using our deliverables.

13. TERM AND TERMINATION

13.1 Term

These Terms commence when you accept them and continue until terminated in accordance with this section. Specific service engagements will have terms defined in separate agreements.

13.2 Termination by Client

You may terminate services by providing written notice in accordance with the specific service agreement. You remain liable for all fees incurred up to the termination date and may forfeit deposits or advance payments as specified in the service agreement.

13.3 Termination by J29

J29 may terminate services immediately if:

  • You breach these Terms and fail to remedy the breach within 14 days of written notice;
  • You fail to make payment when due;
  • You engage in fraudulent, illegal, or harmful conduct;
  • Continuing the relationship would expose J29 to legal, reputational, or financial risk.

13.4 Effects of Termination

Upon termination:

  • All outstanding fees become immediately due and payable;
  • J29 may suspend access to services, platforms, and deliverables;
  • Provisions regarding intellectual property, confidentiality, limitation of liability, and dispute resolution survive termination;
  • J29 will provide completed deliverables upon receipt of full payment, unless termination was due to your material breach.

14. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of any proprietary, confidential, or sensitive information disclosed during the course of the business relationship. This obligation does not apply to information that:

  • Is or becomes publicly available through no breach of this obligation;
  • Was rightfully in the receiving party’s possession prior to disclosure;
  • Is independently developed without use of confidential information;
  • Must be disclosed pursuant to legal requirement or court order.

Confidential information may be shared with employees, contractors, and service providers who need access to perform services, subject to appropriate confidentiality obligations.

15. DISPUTE RESOLUTION

15.1 Negotiation

In the event of any dispute, controversy, or claim arising from or relating to these Terms, the parties agree to first attempt to resolve the matter through good faith negotiation.

15.2 Mediation

If negotiation fails to resolve the dispute within 30 days, the parties agree to submit the dispute to mediation before a mutually acceptable mediator. The costs of mediation shall be shared equally unless otherwise agreed.

15.3 Arbitration and Litigation

If mediation is unsuccessful, disputes may be resolved through arbitration or litigation in accordance with South African law. The parties consent to the jurisdiction of the courts of the Republic of South Africa for any legal proceedings.

16. GENERAL PROVISIONS

16.1 Governing Law

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

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and J29 regarding the subject matter hereof and supersede all prior agreements, understandings, and communications.

16.3 Amendments

J29 reserves the right to modify these Terms at any time. Material changes will be communicated via:

  • Email notification to registered users;
  • Prominent notice on our website;
  • Update to the “Last Updated” date.

Continued use of services after notification of changes constitutes acceptance of the modified Terms.

16.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.5 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.6 Assignment

You may not assign or transfer these Terms or any rights hereunder without J29’s prior written consent. J29 may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

16.7 Force Majeure

J29 shall not be liable for failure to perform obligations due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, epidemics, government actions, labor disputes, utility failures, internet disruptions, or third-party service failures.

16.8 Independent Contractor

J29 is an independent contractor and not an employee, agent, partner, or joint venturer of the Client. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.

16.9 Notices

All notices required under these Terms shall be in writing and delivered via:

  • Email to the addresses provided during registration or contracting;
  • Registered mail to the physical addresses on record;
  • Prominent notice on our website for general announcements.

16.10 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict between versions, the English version shall prevail.

17. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact:

J29 (Pty) Ltd

Email: info@j29.co.za

Telephone: 010 157 2640

Website: www.j29.co.za

Physical Address: Johannesburg, South Africa

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ACKNOWLEDGMENT OF ACCEPTANCE

By accessing or using J29’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions