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Terms & Conditions

Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the BantuHR software-as-a-service platform ("BantuHR" or "the Platform") operated by Zavon Holdings Group (Pty) Ltd ("Zavon Holdings", "we", "us", or "our").

By signing up for BantuHR, the organisation creating the account ("Customer", "you") agrees to these Terms on behalf of itself and every authorised user of its BantuHR tenant.

1. The Service

BantuHR is a multi-tenant HR operations platform. Subject to these Terms, your subscription, and any feature limits applicable to your tier, we grant you a non-exclusive, non-transferable, revocable right to access and use BantuHR for your internal HR operations during the subscription term.

We may update, modify, or improve BantuHR from time to time. Material changes that reduce functionality on a tier you currently subscribe to will be communicated at least 30 days in advance.

2. Customer's account and users

You are responsible for:

  • The accuracy of the organisation details you provide at signup (legal name, registration number, tax details, country, billing contact).
  • Maintaining the confidentiality of all credentials issued to your users, and for every action taken under those credentials.
  • The conduct of every user of your BantuHR tenant — including external collaborators you invite.
  • Ensuring that you have a lawful basis under POPIA (or the equivalent law of the user's jurisdiction) to process every Worker's personal information through the Platform.

You may invite additional users through the Platform's invitation flow. You are responsible for the appropriateness of the permissions you grant each user and for promptly revoking access when a user no longer needs it.

3. Acceptable use

Your use of BantuHR must comply with our Acceptable Use Policy, incorporated into these Terms by reference. Violations of the Acceptable Use Policy are a material breach of these Terms.

4. Subscription, fees, and billing

Subscriptions are billed in advance on a monthly or annual cadence. Subscription fees are denominated in South African Rand (ZAR) unless otherwise stated.

Free-trial subscriptions revert to the relevant paid tier at the end of the trial period unless you cancel before the trial ends. Where a payment method is on file, the first paid period will be charged automatically.

Failure to settle an invoice when due may result in suspension of the Customer's BantuHR tenant. We will give 14 days' notice before suspending for non-payment. Suspension does not relieve you of the obligation to pay for the suspended period.

Refunds, cancellation, and tier changes are governed by our Refund and Cancellation Policy.

5. Data ownership and operator role

You own all data you upload to or generate on BantuHR ("Customer Data"). Zavon Holdings acts as Operator under POPIA in respect of your Customer Data; you are the Responsible Party. Our processing of Customer Data is governed by the Privacy Policy, which forms part of these Terms.

We process Customer Data only:

  • On your written instructions, which include configuration choices made through the Platform's standard user interface.
  • To provide, secure, and improve the Platform.
  • To comply with applicable law.

You retain the right to export your Customer Data in a portable format at any time during your subscription, and we will provide a one-time export within 30 days of termination of your subscription on request.

6. Confidentiality

Each party will protect the other's Confidential Information with at least the same care it uses for its own information of like sensitivity, and in any event with reasonable care. "Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that a reasonable recipient would understand to be confidential. Customer Data is Confidential Information.

7. Intellectual property

BantuHR, including the Platform's software, design, branding, and documentation, is and remains the intellectual property of Zavon Holdings or its licensors. Nothing in these Terms transfers any intellectual property right to you, except for the limited usage right granted in section 1.

Any feedback you provide about the Platform is given without restriction. We may use it to improve BantuHR without owing you any compensation or attribution.

8. Warranties

We warrant that:

  • We will use commercially reasonable efforts to maintain BantuHR's availability and performance.
  • We will not materially reduce the functionality of any tier you are subscribed to during your current paid period.
  • The Platform will operate substantially as described in our published product materials at the time of your subscription.

Disclaimer. Except for the express warranties in this section, BantuHR is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of liability

To the maximum extent permitted by South African law, neither party will be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of revenue, or loss of data, arising out of or in connection with these Terms.

Our total aggregate liability to you under or in connection with these Terms, whether in contract, tort, or otherwise, will not exceed the total subscription fees paid by you to us in the twelve months immediately preceding the event giving rise to the liability.

This section does not limit either party's liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited or excluded.

10. Indemnification

You will indemnify and hold Zavon Holdings harmless from and against any third-party claim arising out of (a) your breach of these Terms, (b) your breach of applicable law in your use of the Platform, or (c) Customer Data that infringes the rights of a third party.

We will indemnify and hold you harmless from and against any third-party claim that BantuHR, as provided by us and used in accordance with these Terms, infringes the third party's intellectual property rights, subject to the liability cap in section 9.

11. Term and termination

These Terms begin when you create a BantuHR account and continue for as long as you have an active subscription.

Termination for convenience. You may cancel your subscription at any time through the Platform's billing settings. Cancellation takes effect at the end of the then-current paid period. We may terminate or refuse to renew a subscription on 30 days' written notice.

Termination for cause. Either party may terminate immediately if the other materially breaches these Terms and fails to cure the breach within 30 days of written notice. We may suspend or terminate immediately for security incidents or for any breach of the Acceptable Use Policy that we reasonably consider serious.

Effect of termination. On termination, your right to use BantuHR ends. We will retain your Customer Data for the period set out in the Privacy Policy to support a one-time export and to comply with legal retention requirements. After that period, we will delete Customer Data.

12. Changes to these Terms

We may revise these Terms from time to time. We will give Customers at least 30 days' notice of material changes via the Platform and the customer-administrator email address on file. Continued use of the Platform after the effective date of a change constitutes acceptance.

13. General provisions

Governing law. These Terms are governed by the laws of the Republic of South Africa.

Jurisdiction. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division (Cape Town).

Notices. Notices to Zavon Holdings must be sent to hello@bantuhr.com. Notices to you will be sent to the administrator email address on file for your tenant.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Severability. If any provision of these Terms is held unenforceable, the remainder will continue in effect.

Entire agreement. These Terms (together with the Privacy Policy, Refund and Cancellation Policy, and Acceptable Use Policy) constitute the entire agreement between you and us in respect of the Platform and supersede any prior agreement on the same subject matter.

14. Contact

Zavon Holdings Group (Pty) Ltd hello@bantuhr.com