Terms & Conditions

1. Agreement to Terms

By accessing and using CateringMS ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Service.

2. Pricing and Payment

2.1 Base Currency and Pricing

All CateringMS pricing is denominated in South African Rand (ZAR). Our base pricing structure is set in ZAR, and all payment processing occurs in ZAR regardless of your geographic location.

2.2 Regional Pricing Display

For your convenience, we display approximate pricing conversions in US Dollars (USD), British Pounds (GBP), and Euros (EUR) on our regional marketing pages. These conversions are for reference purposes only and do not represent actual payment amounts. All charges will be processed in ZAR.

2.3 USD-Pegged Pricing Policy

Our ZAR pricing is pegged to United States Dollar (USD) equivalent rates to maintain consistent value across international markets. We reserve the right to adjust our ZAR pricing if significant currency fluctuations occur (defined as exceeding 15% movement over any 90-day period) to maintain USD equivalency.

In the event of a pricing adjustment due to currency fluctuations:

• You will receive 30 days advance written notice via email
• Current subscribers will be grandfathered at their existing rate for their current billing period
• New pricing will apply at your next renewal date after the notice period
• You may cancel your subscription at any time before the new pricing takes effect

2.4 Subscription Tiers and Limits

Our subscription plans are based on usage limits defined by whichever threshold is reached first:

• Active Clients: The number of unique client records in your active database
• Orders per Quarter: The total number of orders processed in any rolling 3-month period

When you reach either limit, you will be prompted to upgrade to the next tier. You can upgrade at any time, and charges will be prorated based on your current billing cycle.

2.5 Billing Cycles

Subscriptions are available on monthly, quarterly, or annual billing cycles. Annual subscriptions receive a 15% discount compared to monthly billing. All subscriptions automatically renew unless cancelled before the renewal date.

2.6 Payment Processing

Payments are processed through secure third-party payment gateways (PayFast, Stripe) in South African Rand (ZAR). Your bank or card issuer may apply currency conversion fees if your account is in a different currency.

2.7 Refund Policy

We offer a 14-day free trial with no credit card required. After the trial period, we do not offer refunds for partial months of service. You may cancel at any time, and your access will continue until the end of your current billing period.

3. Currency Monitoring and Price Adjustments

3.1 Monitoring Process

CateringMS monitors ZAR/USD exchange rates continuously. If the ZAR weakens or strengthens by more than 15% against the USD over any 90-day rolling period, we may adjust our ZAR pricing to maintain approximate USD equivalency.

3.2 Notification of Price Changes

All registered users will receive email notification at least 30 days before any pricing adjustments take effect. This notification will include:

• Current pricing and new pricing in ZAR
• Effective date of the price change
• Options to continue, upgrade, downgrade, or cancel
• Explanation of the currency movement that triggered the adjustment

3.3 Grandfathering Policy

Existing subscribers will not see price increases during their current subscription period. New pricing will only apply at the next renewal date after the 30-day notice period.

4. Subscription Management and Automation

4.1 Automated Subscription Processes

Our billing system is fully automated to ensure seamless service continuity:

• Automatic Renewal: Your subscription automatically renews on your billing date unless you cancel beforehand
• Payment Processing: Charges are automatically processed through your saved payment method
• Email Notifications: You will receive automated emails for all billing events (successful payments, failed payments, upcoming renewals)
• Usage Tracking: Your account automatically tracks active clients and quarterly orders against your plan limits
• Limit Notifications: You will receive automated alerts when approaching 80% and 90% of your plan limits

4.2 Subscription Dashboard

You have complete control over your subscription through your dedicated Subscription Dashboard, accessible at any time through your account settings. The dashboard provides:

• Current Plan Details: View your active plan, pricing, and billing cycle
• Usage Metrics: Real-time tracking of your active clients and quarterly orders
• Billing History: Complete history of all payments with downloadable invoices
• Next Billing Date: Clear visibility of when your next payment will be processed
• Plan Management: Upgrade, downgrade, or modify your subscription at any time
• Cancellation Options: Self-service cancellation with immediate or end-of-period options
• Account Deletion: Request complete account deletion with 30-day grace period

4.3 Usage-Based Billing Triggers

Your subscription plan is based on whichever limit is reached first:

• Active Clients: The number of unique clients with orders in the current quarter
• Orders per Quarter: Total orders processed in the current calendar quarter

When you approach or exceed your plan limits, you will receive automated notifications recommending an upgrade to ensure uninterrupted service. Exceeding limits does not result in service termination but may require a plan upgrade for continued optimal performance.

4.4 Payment Failure Protocol

If a payment fails, the following automated process occurs:

1. Immediate email notification of payment failure with reason (if provided by payment processor)
2. Your account enters a "Past Due" status with full access maintained
3. Automatic retry after 3 days
4. If second attempt fails, another retry after 7 days with second notification
5. If third attempt fails, account moves to "Suspended" status after 14 days with limited access
6. Final notification sent with 7-day grace period to update payment method
7. After 21 days of failed payment, account is automatically cancelled
8. All data is preserved for 30 days post-cancellation for potential reactivation

5. Cancellation Rights and Procedures

5.1 How to Cancel Your Subscription

You may cancel your subscription at any time through:

• Self-Service: Navigate to Settings → Subscription → Cancel Subscription in your dashboard
• Email Request: Contact support@cateringms.com with "Cancel Subscription" in the subject line
• Phone Request: Call 083 652 5755 during business hours

5.2 Cancellation Options

When cancelling, you can choose:

• End of Billing Period: Maintain full access until your current paid period ends (recommended)
• Immediate Cancellation: Lose access immediately but no refund for unused time

5.3 Post-Cancellation Access

After cancellation, you retain full access to all features until the end of your current billing period. Your data is preserved for 30 days after your subscription ends, allowing you to reactivate without data loss. After 30 days, all data is permanently deleted unless you specifically request an extension.

5.4 Reactivation

You may reactivate your subscription at any time during the 30-day data retention period. Reactivation is instant and restores full access to all your preserved data. Simply log in and select "Reactivate Subscription" from your dashboard, or contact support for assistance.

5.5 Refund Policy

• Trial Period: No charges during the 14-day free trial. Cancel anytime without payment.
• First Payment: Full refund available if cancelled within 14 days of first paid charge (after trial ends)
• Subsequent Periods: No refunds for partial billing periods. Standard industry practice for SaaS subscriptions.
• Annual Subscriptions: Pro-rated refunds may be considered on a case-by-case basis for extenuating circumstances
• Downgrade Timing: Downgrades take effect at the next billing cycle to ensure no service interruption

6. Account Deletion and Data Rights

6.1 Account Deletion Request

You have the right to request permanent deletion of your account and all associated data at any time. To request account deletion:

• Navigate to Settings → Subscription → Delete Account
• Select whether you want to export your data first (recommended)
• Provide optional feedback to help us improve
• Confirm your deletion request

6.2 Deletion Grace Period

30-Day Grace Period: All account deletions are scheduled 30 days from the request date. This gives you time to change your mind. During this period:

• Your subscription is immediately cancelled (no further charges)
• You retain read-only access to your data
• You can cancel the deletion request at any time
• You will receive email reminders at 7 days and 1 day before permanent deletion

6.3 Data Export (GDPR/POPIA Compliance)

In compliance with GDPR and POPIA regulations, you have the right to export all your data at any time. You can request a data export:

• Through your dashboard (Settings → Data Export)
• When requesting account deletion (checkbox option)
• By emailing data@cateringms.com

Data exports are provided in standard formats (CSV, JSON) and are typically delivered within 24-48 hours. Exported data includes all clients, orders, quotes, inventory records, and user-generated content.

6.4 What Gets Deleted

Upon permanent deletion (after 30-day grace period), we delete:

• All client and customer data
• All orders, quotes, and invoices
• All inventory and equipment records
• All user accounts and profile information
• All uploaded files and documents
• All settings and configurations

What We Retain: We retain anonymized usage statistics and aggregated data for analytics and service improvement. We also retain essential billing records for tax and accounting compliance (legally required for 7 years in South Africa).

7. User Accounts and Security

7.1 Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

7.2 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

7.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms of Service or engage in fraudulent, abusive, or illegal activities.

8. Data and Privacy

8.1 Your Data

You retain all rights to the data you input into the Service. We do not claim ownership of your business data, customer information, or content. You grant us a limited license to use your data solely to provide and improve the Service.

8.2 Data Security

We implement industry-standard security measures to protect your data. However, no internet transmission is completely secure, and we cannot guarantee absolute security.

8.3 Data Backup and Export

We regularly backup all data. You can export your data at any time through your account settings. Upon account cancellation, we retain your data for 30 days before permanent deletion.

8.4 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to the practices described in the Privacy Policy.

9. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit malware, spam, or harmful content
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without written permission

10. Service Availability

10.1 Uptime

We strive to maintain 99.5% uptime but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability, and will provide advance notice when possible.

10.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

11. Intellectual Property

The Service, including all software, features, functionality, and content, is owned by us and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our explicit written permission.

12. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

15. Automated Email Communications

By using our Service, you consent to receive automated transactional and service-related emails, including:

• Trial Reminders: Notifications 7, 3, and 1 day before your trial ends
• Payment Confirmations: Receipts for successful payments with downloadable invoices
• Payment Failures: Immediate alerts when payments fail with resolution steps
• Renewal Reminders: Notifications 14, 7, and 3 days before subscription renewal
• Price Change Notices: 30-day advance notice of any pricing changes
• Usage Limit Alerts: Notifications when approaching plan limits (80%, 90%, 100%)
• Cancellation Confirmations: Acknowledgment of cancellation requests with next steps
• Deletion Reminders: Countdown emails before permanent account deletion
• Service Updates: Important updates about features, maintenance, or policy changes

You cannot opt out of transactional emails as they are essential for account and billing management. You may manage marketing email preferences in your account settings.

16. Dispute Resolution

If you have a billing dispute or concern:

1. Contact billing@cateringms.com within 30 days of the disputed charge
2. Provide your account details and explanation of the dispute
3. We will investigate and respond within 5 business days
4. If unresolved, we will work with you to find a fair solution

For payment processing disputes, you also have the right to contact your card issuer or PayFast directly.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

18. Contact Information

If you have any questions about these Terms of Service, please contact us. You can also learn more about our platform on our blog or explore detailed features: