Legal
Terms of Service
Version 1.7 · Last updated: 21 September 2026
Note: VulaKomplex is a management tool, not a legal or financial adviser. Compliance with STSMA, CSOS requirements, and other legislation remains the responsibility of the body corporate, trustees, or managing agent.
1. Agreement to terms
By accessing or using the VulaKomplex platform ('Service'), you agree to be bound by these Terms of Service ('Terms'). If you are using the Service on behalf of an organisation (such as a body corporate, homeowners association, or managing agency), you represent that you have authority to bind that organisation to these Terms. If you are a Managing Agent using, paying for, or administering the Service for a Scheme Entity, you represent that you have authority from that Scheme Entity to do so. If you do not agree to these Terms, do not use the Service.
1A. Electronic acceptance and the ECT Act
By registering, accessing or using the Service, you acknowledge that:
• Your acceptance by electronic means — including clicking 'I agree', creating an account, or using the Service — constitutes a valid and binding agreement under section 22 of the Electronic Communications and Transactions Act 25 of 2002 ('ECT Act') with the same force as an ink-signed paper agreement.
• Documents, resolutions, notices and approvals created or signed electronically through the Platform are admissible as evidence under section 15 of the ECT Act.
• Electronic signatures applied through the Platform carry legal force under section 13 of the ECT Act.
• VulaKomplex may rely on and produce its audit-log records as evidence of any electronic acceptance, signature or action taken on the Platform.
1B. Relationship to other agreements
Where you use the Service under an organisation's subscription, these Terms sit below that organisation's Master SaaS Subscription Agreement (MSA), Data Processing Agreement, Service Level Agreement and Subscription Agreement. If they conflict, those documents prevail in the order of precedence set out in clause 2 of the MSA. Nothing in these Terms increases VulaKomplex's liability to you or to any organisation beyond the limit in clause 17 of the MSA.
2. About VulaKomplex
VulaKomplex is a cloud-based management platform designed for South African sectional title schemes, body corporates, homeowners associations, and managing agents. The Service includes levy billing, maintenance management, utility metering, resident communications, financial reporting, and related features as described at vulakomplex.co.za/features.
Company registration number: 2026/311419/07
Registered address: 44 Amhurst Place, Midstream Estate, Olifantsfontein, Gauteng, 1692
Email: legal@vulakomplex.co.za
Website: vulakomplex.co.za
3. Accounts and access
You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorised access to your account. We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.
4. Acceptable use
You agree not to:
• Use the Service for any unlawful purpose or in violation of any South African law
• Upload or transmit malicious code, spam, or harmful content
• Attempt to gain unauthorised access to any part of the Service or another user's data
• Use the Service to harass, defame, or harm any person
• Reverse-engineer, decompile, or create derivative works from the Service
• Use automated tools to scrape or extract data from the Service without our prior written consent
• Resell or sublicense access to the Service without our prior written consent
5. Subscription and payment
Access to certain features requires a paid subscription. Subscription fees are charged monthly or annually in South African Rand (ZAR). Fees may be invoiced to the Scheme Entity directly or to a Managing Agent portfolio account, as agreed during onboarding. The billing party is responsible for paying invoices issued to it. Fees are due in advance and are non-refundable except as required by South African consumer protection law or as set out in our UnKomplexicated Guarantee.
We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing. Accounts with overdue payments may be suspended until outstanding amounts are settled.
5A. Referral programme reward terms
VulaKomplex operates a referral programme under which qualifying subscribers may earn a cash reward by referring new complexes to the platform. The following terms govern all referral rewards.
Reward amount: All qualifying referrals — whether the referrer is an individual owner/trustee or a managing agent referring on behalf of a scheme or portfolio — earn a flat cash reward of R750 per qualifying referral. There is no separate subscription-credit track for new referrals.
Legacy credits: Referrals approved before 18 August 2026 under the previous subscription-credit track keep whatever free months were already granted to them at that time, on the terms that applied when they were granted. Those legacy credits are unaffected by this clause and continue to be applied automatically against the referring account's invoices until exhausted.
Qualifying conditions: A referral qualifies only once: (a) the referred complex has completed three consecutive fully paid billing months with no outstanding amounts; (b) the referring account has itself completed three consecutive fully paid billing months and is in good standing; and (c) the referred complex was not already in active discussion, onboarding, pilot, demo, or sales process with VulaKomplex at the time the referral link was used.
SARS reporting and KYC: Where a referrer's cumulative referral rewards in a calendar tax year exceed R1,999, VulaKomplex is required to verify the referrer's identity (KYC) before paying out the reward that takes them over the threshold, and to report the payment under SARS IT3(a). Payment of that reward is held pending completion of KYC verification.
Payment: Rewards are paid by EFT to the referrer's nominated bank account, or as a Takealot voucher where offered, after approval and any required KYC verification. Rewards have no cash-equivalent alternative once a payment method is selected and are not transferable to any other person, company, complex, body corporate, HOA, managing agent, or account.
Abuse: VulaKomplex may withhold, reverse, or decline to pay any referral reward where it reasonably believes the referral was not genuine, was already in VulaKomplex's sales pipeline, involved misrepresentation, or was structured to abuse the programme.
Full programme terms, including eligibility and fiduciary restrictions, are published at vulakomplex.co.za/referral-partner.
6. Free trial
We may offer a free trial period. At the end of the trial, you must select a paid plan to continue using the Service. We reserve the right to modify or discontinue free trial offerings at any time.
7. Your data
You retain ownership of data that belongs to you and that you upload to the Service ("Your Data"). Scheme Data belongs to the relevant Body Corporate, HOA or other Scheme Entity, even where a Managing Agent uploads, administers or pays for that Scheme Data through the Service. You grant us, and warrant that you have authority to grant us, a limited licence to store, process, and display Your Data and Scheme Data to provide the Service.
Where the Service processes personal information of scheme members (owners, tenants, residents), the relevant Scheme Entity is the Responsible Party under POPIA for that Scheme Data. VulaKomplex acts as Operator and processes that personal information only on documented instructions, including instructions from an authorised Managing Agent acting for that Scheme Entity. The Scheme Entity, and any Managing Agent acting for it, is responsible for ensuring there is a lawful basis to collect and submit that personal information to the platform.
We may derive anonymised, aggregated data from platform usage — such as usage patterns, feature adoption, scheme size distributions, and operational metrics — and use that data for business analytics, product improvement, service benchmarking, and commercial insights. This data does not identify you, your scheme, or any individual.
Our handling of personal information is governed by our Privacy Policy.
8. Intellectual property
The VulaKomplex platform, including its software, design, trademarks, and content, is owned by VulaKomplex and protected by South African and international intellectual property law. These Terms do not grant you any ownership rights in the Service. You may not copy, modify, distribute, or create derivative works without our prior written consent.
9. Third-party services
The Service relies on third-party providers for functions including cloud infrastructure and data storage, email delivery, and messaging services. These providers process data on our behalf under contractual obligations consistent with our Privacy Policy. We are not responsible for the availability, accuracy, or conduct of third-party services, and we may change providers from time to time without notice.
10. Availability and uptime
Our uptime commitment, service credits and maintenance obligations are governed by the Service Level Agreement (vulakomplex.co.za/sla). Service credits under the SLA are the sole and exclusive remedy for any service interruption or failure to meet an availability target, except for liability that cannot legally be limited. We are not liable for losses arising from service interruptions outside our reasonable control.
11. Disclaimers
The Service is provided "as is" and "as available". We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by South African law.
VulaKomplex is a management tool and does not constitute legal, financial, or accounting advice. Compliance with the Sectional Titles Schemes Management Act (STSMA), CSOS requirements, or any other legislation remains the responsibility of the body corporate, trustees, or managing agent. Nothing in the Service should be relied upon as a substitute for professional legal or financial advice.
Outputs of the Service, including levy and billing calculations, statements, reports, compliance scores and document templates, are informational aids generated from data and settings supplied by users. You and your organisation are solely responsible for checking them before relying on or issuing them, and for the accuracy of the data and configuration behind them.
12. Limitation of liability
To the maximum extent permitted by South African law, VulaKomplex's total aggregate liability for any claim arising from your use of the Service is limited to the subscription fees paid or payable for the Scheme workspace(s) to which the claim relates in the 12 months preceding the claim. That limit is a single limit shared with, and not in addition to, the limit in clause 17 of the MSA and is not multiplied by the number of claims or users. It does not limit fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot legally be excluded or limited. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data loss, whether arising in contract, delict, or otherwise, even if we have been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold VulaKomplex harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
14. Termination
Where you use the Service under an organisation's subscription, that subscription can only be cancelled or terminated under the MSA and Subscription Agreement, which prevail over this clause. You may stop using the Service at any time. We may suspend or terminate your individual access if you breach these Terms, if your organisation's subscription ends or is not paid, or if required by law. Upon termination, your right to access the Service ceases. Your data remains available for export for 30 days after termination. After that 30-day period it is soft-deleted (removed from the Service and no longer accessible to you or other users), and it is permanently deleted 90 days after termination, subject to legal retention obligations and backup cycles. We recommend exporting your data before cancelling.
15. Governing law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the South African courts. We will attempt to resolve disputes informally before pursuing formal proceedings.
These Terms may be accepted or executed in counterparts — whether electronically or otherwise — each of which, when executed by the party accepting it, shall be deemed an original. All counterparts together constitute one and the same agreement. The parties agree that an electronically executed or accepted counterpart has the same legal force as one executed in ink on paper.
16. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes by email or prominent notice on the platform at least 30 days before changes take effect (or on shorter notice where a change is required by law or by an urgent security need). Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
17. Contact
For questions about these Terms:
Email: legal@vulakomplex.co.za
Support: support@vulakomplex.co.za
Address: 44 Amhurst Place, Midstream Estate, Olifantsfontein, Gauteng, 1692
Company registration: 2026/311419/07