This Policy sets out how a Kairos CFO subscription is cancelled, how much notice is required, and when a refund is due. It is referred to in clauses 3.1, 11.6, 25.1, 25.2 and 32.3 of the Terms and Conditions of Service and forms part of that agreement.
Kairos CFO is sold on a monthly subscription. There is no minimum contract period and no fixed-term lock-in. You are never asked to commit beyond the month you are paying for.
1.Definitions and how this Policy fits
1.1
Capitalised terms used here have the meanings given to them in the Terms and Conditions of Service. In particular, Order, Entity, Service and Subscription Period carry the meanings in clause 2 of those Terms.
1.2
Clause 25.2 of the Terms provides that cancellation rights, notice periods and the refund consequences of cancellation are dealt with in this Policy. This Policy supplies them.
1.3
Where this Policy conflicts with the Terms, the order of precedence in clause 3.2 of the Terms applies.
2.Your subscription runs month to month
2.1
Unless your Order records something different, the Subscription Period for Kairos CFO is one calendar month, beginning on the date recorded in your Order and renewing automatically for successive periods of one month.
2.2
There is no minimum term, no fixed-term commitment and no early-termination penalty. Renewal continues until cancelled under clause 3 or 13 of this Policy.
2.3
Fees are payable monthly in advance. Each renewal is invoiced for the month ahead.
3.How to cancel
3.1
You may cancel at any time. Cancellation must be in writing. Any of the following is sufficient:
- an email to sfourie@kairosintel.co.za from an address associated with your account;
- a cancellation instruction submitted through the Service, where that function is available to you;
- written notice to our address in clause 1 of the Terms.
3.2
You do not have to give a reason, and we will not ask you to complete a retention process before we accept a cancellation.
3.3
We will acknowledge a cancellation in writing within two business days, confirming the date on which your subscription ends and the date of your final invoice. If you do not receive that acknowledgement, please assume your notice has not reached us and contact us again.
4.Notice period, and what it means in practice
4.1
Cancellation takes effect at the end of the Subscription Period that is current 30 days after we receive your notice. In plain terms: you give 30 days' notice, and you are billed for the month you are in and, where the 30 days run past the end of it, the month that follows.
4.2
Two worked examples, for a subscription that renews on the first of each month:
- Notice received on 3 September. The 30 days expire on 3 October, which falls inside the October period. Your subscription ends on 31 October and October is your final invoice.
- Notice received on 25 September. The 30 days expire on 25 October, again inside the October period. Your subscription ends on 31 October. Giving notice earlier in the month does not cost you more, and giving it later does not cost you less.
4.3
We will tell you the exact end date in the acknowledgement under clause 3.3, so that you do not have to work it out.
4.4
You keep full access to the Service until the end date. Cancellation does not switch anything off early.
4.5
Where the Consumer Protection Act applies to you and gives you a shorter notice period, that shorter period applies instead. Clause 10 explains when the Act applies.
5.Fees already paid
5.1
Fees for a Subscription Period that has begun are not refundable when you cancel for your own reasons. The Service remains available to you for the whole of that period.
5.2
We do not charge a cancellation fee, an exit fee, a reactivation fee or a fee for exporting your data.
5.3
Clause 5.1 does not apply where the cancellation arises from one of the events in clause 7. In those cases a pro-rata refund is due.
5.4
Usage-based or per-Entity amounts already incurred under clause 4.2 of the Terms remain payable, and are invoiced in the ordinary course.
6.Debit orders and recurring card authority
6.1
Clause 11.6 of the Terms provides that a recurring payment authority continues until you cancel your subscription under this Policy or withdraw the authority through your payment provider.
6.2
Withdrawing a debit order or card authority is not, by itself, a cancellation. It stops the payment; it does not stop the subscription, and fees that accrue remain payable. To end the subscription you must give notice under clause 3.
6.3
Once a cancellation is acknowledged, we will cancel the recurring authority on our side after the final invoice has been collected. You do not need to do anything further.
7.When we owe you a refund
7.1
You are entitled to cancel and to receive a pro-rata refund of prepaid fees for the unused portion of the Subscription Period in each of the following circumstances, which are provided for in the Terms:
- we materially and adversely reduce the core functionality you have paid for (clause 4.3 of the Terms);
- a third party withdraws or materially changes access to an Accounting System and we cannot provide a reasonable equivalent within 60 days (clause 9.6);
- we increase fees and the increase is unacceptable to you, in which case you may cancel before it takes effect without penalty (clause 11.10);
- the Service does not conform to the warranty in clause 22.1 and we cannot correct it within a reasonable time (clause 22.2);
- an intellectual property infringement claim leads us to elect cancellation rather than replacement (clause 24.3);
- we discontinue the Service on 60 days' notice (clause 25.5);
- we make a change to the Terms that is materially adverse to you and unacceptable (clause 28.3);
- a force majeure event continues for more than 60 days and either party cancels (clause 29).
7.2
In these cases the 30-day notice period in clause 4 does not apply. Cancellation takes effect on the date you specify, and the refund is calculated to that date.
7.3
A refund under this clause is calculated on a daily basis over the Subscription Period, and is not reduced by a cancellation charge of any kind.
8.How refunds are paid
8.1
Refunds are paid within 15 business days of the date the refund becomes due, or of the date we receive the banking details we need, whichever is later.
8.2
Refunds are paid by electronic transfer to the account from which payment was made, or by reversal to the card used, as our payment provider requires. We do not issue refunds in credit against future invoices unless you ask us to.
8.3
Refunds are made in the currency of the original payment. We do not carry the cost of exchange-rate movement between payment and refund.
8.4
We may set off against a refund any amount you owe us that is due and undisputed.
9.Cooling-off rights
9.1
Section 44 of the Electronic Communications and Transactions Act 25 of 2002 gives a consumer who is a natural person a right to cancel an electronic transaction for services within seven days of the date the agreement was concluded, without reason and without penalty. Clause 32.3 of the Terms refers that right to this Policy.
9.2
Where that right applies to you, you may exercise it by writing to us under clause 3.1 within the seven-day period. We will refund all amounts you have paid within 30 days, less the direct cost of any services already supplied to you at your request, as the Act permits.
9.3
Section 44 applies to natural persons. Most Kairos CFO customers are companies, close corporations, trusts or other juristic persons, and the section does not apply to them. We say so plainly rather than implying a right that does not exist.
9.4
Every customer, whether or not section 44 applies, may instead use the evaluation described in clause 11, which gives a longer and more useful opportunity to decide.
10.Consumer Protection Act
10.1
The Consumer Protection Act 68 of 2008 applies to a transaction where you are a natural person, or a juristic person whose asset value or annual turnover is below the threshold determined by the Minister under section 6 of that Act.
10.2
Where the Act applies and section 14 governs your agreement, you may cancel on 20 business days' written notice, and we may impose only a reasonable cancellation penalty as contemplated in section 14(3)(b)(i). Given that Kairos CFO is sold month to month with no fixed term, we do not levy such a penalty.
10.3
Nothing in this Policy limits a right you have under that Act, including your rights under sections 14, 48, 54 and 56. Where this Policy gives you less than the Act does, the Act prevails.
11.Evaluations and pilots
11.1
We offer a 30-day evaluation on your own month-end, under a separate written evaluation agreement. Access to the Service for evaluation purposes is granted only under that agreement.
11.2
An evaluation is not a subscription. Unless the evaluation agreement records otherwise, no fee is payable for it, nothing renews at the end of it, and there is accordingly nothing to cancel and nothing to refund.
11.3
A subscription begins only when you place an Order after the evaluation. It does not begin automatically at the end of an evaluation period.
12.Purchases through a marketplace or reseller
12.1
If you subscribed through an app marketplace operated by an Accounting System provider, or through a reseller or referral partner, clause 12.2 of the Terms applies: billing, invoicing, payment, price, refunds and cancellation are governed by your agreement with that operator or reseller, and not by this Policy.
12.2
We do not invoice you in that case and we cannot process a refund for a subscription billed by a third party. You must cancel through them, on their notice terms.
12.3
Clauses 13 and 14 of this Policy still apply to you, because they concern the Service itself rather than the billing relationship.
13.Cancellation by us
13.1
We may cancel your subscription:
- immediately, on written notice, for a material breach you fail to remedy within 14 days of written notice, or on insolvency, business rescue, liquidation or sequestration (clause 25.4 of the Terms);
- on 60 days' written notice if we discontinue the Service, with a pro-rata refund of prepaid fees (clause 25.5);
- on 30 days' written notice for non-payment of an undisputed invoice that remains unpaid after we have given you notice and an opportunity to remedy.
13.2
Suspension is dealt with in clause 25.3 of the Terms. A suspension is not a cancellation, and fees continue to accrue during a suspension caused by your breach.
13.3
We will not cancel a subscription because you raised a complaint, exercised a right under this Policy or the Terms, or lodged a dispute with a regulator.
14.What happens to your data
14.1
Clause 26 of the Terms governs the consequences of termination and your right to export. Cancellation under this Policy does not reduce that right, and we do not charge for an export.
14.2
Our connection to your Accounting System is revoked on the end date. You may also revoke it yourself at any time from within that system.
14.3
Retention and deletion after the end date are governed by clause 26 of the Terms and by clause 13 of the Privacy Policy.
15.Disputes, and changes to this Policy
15.1
If you disagree with a final invoice or a refund calculation, raise it in writing within 14 days under clause 11.9 of the Terms and we will respond with the calculation and the basis for it.
15.2
Unresolved disputes are dealt with under clause 31 of the Terms. Nothing in this Policy prevents you from approaching the National Consumer Commission or a court of competent jurisdiction.
15.3
We may amend this Policy in accordance with clause 28 of the Terms. Where an amendment is materially adverse to you, clause 28.3 gives you the right to cancel before it takes effect and to receive a pro-rata refund of prepaid fees for the unused portion.
15.4
Questions about this Policy: sfourie@kairosintel.co.za or +27 76 545 2494.