Legal
Terms of Service
These terms govern your use of the Skembee compliance platform. By creating an account or using the platform, the customer agrees to these terms on behalf of the legal entity identified at signup.
1.Definitions
"Platform" means the Skembee software-as-a-service product accessed at https://app.skembee.co.za. "Customer" means the legal entity identified at signup. "Effective Date" means the date the Customer creates a Skembee account and Skembee confirms activation.
2.Services
Skembee will provide the Customer with access to the Platform. The Workforce module is included as standard with every subscription. The Customer may additionally activate the optional Skills Development and Employment Equity modules at signup or by written request to admin@skembee.co.za during the term. The monthly fee in clause 3 remains unchanged regardless of which optional modules are active.
3.Fees
The Customer agrees to pay a monthly subscription fee for access to the Platform. The fee is set out in a written quote provided to the Customer separately by Skembee, which forms part of this Agreement. Invoices are issued monthly in advance. Payment is due within thirty (30) days of invoice date. Late payment may result in suspension of access on thirty (30) days' notice.
VAT is not chargeable on this fee. Skembee (Pty) Ltd is not registered as a VAT vendor under the Value-Added Tax Act 89 of 1991. Should Skembee register for VAT during the term, VAT will be added to the fee from the effective date of registration with thirty (30) days' written notice to the Customer.
4.Term and termination
This Agreement begins on the Effective Date and continues month-to-month. Either party may terminate on thirty (30) days' written notice. On termination Skembee will provide an export of the Customer's data in a portable format and delete production copies within sixty (60) days, subject to retention obligations imposed by law.
5.Data protection and POPIA
Skembee processes personal information on the Customer's behalf as an operator under the Protection of Personal Information Act 4 of 2013. Skembee will implement appropriate technical and organisational measures including encryption in transit, role-based access controls, audit logging, and daily off-site backups. A POPIA breach affecting the Customer's data will be notified within seventy-two (72) hours of confirmation. See the Privacy Policy for full detail on how personal information is processed.
6.Confidentiality
Each party will keep the other's confidential information in confidence and use it only to perform under this Agreement. This obligation survives termination.
7.Service levels
Skembee targets 99.5% monthly uptime measured at the application edge, excluding scheduled maintenance windows announced 48 hours in advance. Support is provided by email at admin@skembee.co.za, business hours (08:00–17:00 SAST, weekdays).
8.Liability
Neither party's aggregate liability under this Agreement will exceed the fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim. Nothing in this Agreement excludes liability for gross negligence, wilful misconduct, or fraud.
The Platform is a record-keeping, planning and reporting aid. Responsibility for meeting statutory obligations and deadlines, for the accuracy and timeous submission of returns and reports, and for the outcome of grant applications remains with the Customer at all times. Without limiting the foregoing, neither Skembee nor its directors, employees or agents will be liable for any missed statutory deadlines; for penalties, fines or sanctions imposed by the Department of Employment and Labour or any other authority; or for unsuccessful or rejected grant applications to the Customer's SETA.
9.Governing law
This Agreement is governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division.
10.Acceptance
By creating an account at skembee.co.za and ticking the Terms acceptance box, the Customer's representative confirms that (a) they have read and accept these terms, (b) they are authorised to bind the Customer, and (c) the acceptance has the same legal effect as a wet-ink signature under the Electronic Communications and Transactions Act 25 of 2002.
Skembee (Pty) Ltd · Republic of South Africa · For agreement queries: admin@skembee.co.za