1. Scope
These Commercial Terms of Service (the “Commercial Terms”) govern the use of WPPBX services by business customers and by certified WPPBX partners. Where a signed master services agreement exists between WPPBX and a party, that agreement takes precedence over these Commercial Terms to the extent of any conflict.
2. Definitions
- Customer — a business entity that procures WPPBX services for its own use or for resale via a WPPBX partner.
- Partner — an organisation certified by WPPBX to resell or implement WPPBX services under a partner agreement.
- Services — the WPPBX platform (including the WPPBX WordPress plugin, the WPBX engine and related tooling) and the partner directory at
partners.wppbx.com. - Subscriber Data — data processed by the Services on behalf of a Customer or its end users.
3. Orders and provisioning
Orders are placed through an order form, online checkout or the partner portal. Provisioning occurs once payment has cleared or a credit arrangement is approved in writing. WPPBX may decline an order at its discretion where compliance, credit or risk concerns apply.
4. Fees and payment
Fees are set out in the applicable order form or pricing page. Unless agreed otherwise, fees are payable in advance, exclusive of VAT or equivalent taxes, and non-refundable except as required by law. Late payments accrue interest at the maximum rate permitted by law and may result in suspension of the Services.
5. Customer and partner obligations
You will:
- Use the Services only in accordance with these Commercial Terms, the Usage Policy and all applicable laws;
- Maintain the confidentiality of any credentials issued to you;
- Obtain all consents required from your end users before submitting their data to the Services;
- Co-operate with WPPBX in security incident response and credential rotation when requested.
6. Intellectual property
The Services, including all software, documentation, brand assets and trade marks, are owned by WPPBX or its licensors. You receive a non-exclusive, non-transferable, revocable licence to use the Services during the term of your subscription, limited to the scope of the applicable order form.
You retain ownership of Subscriber Data. You grant WPPBX a non-exclusive licence to host, process and transmit Subscriber Data to the extent necessary to provide the Services.
7. Confidentiality
Each party will protect the other’s confidential information using no less than a reasonable standard of care and will not disclose it except (i) to personnel and advisors with a need to know bound by equivalent obligations, or (ii) where required by law.
8. Data protection
The parties acknowledge that processing of personal data is governed by the Privacy Policy, the Non-User Privacy Policy and, where applicable, a separately executed Data Processing Agreement. WPPBX complies with POPIA (South Africa) and the GDPR (European Union) in respect of in-scope processing activities.
9. Warranties
WPPBX warrants that the Services will materially conform to the published documentation and be provided with reasonable skill and care. Except as expressly stated, the Services are provided “as is” and all other warranties are disclaimed to the maximum extent permitted by law.
10. Indemnity
Each party will indemnify the other against direct losses arising from a breach of Section 6 (Intellectual property), Section 7 (Confidentiality) or Section 8 (Data protection), subject to the Liability cap below.
11. Liability cap
Except for liability that cannot be capped under applicable law, each party’s total aggregate liability arising out of or in connection with these Commercial Terms is limited to the fees paid or payable in the 12-month period immediately preceding the event giving rise to the liability. Neither party will be liable for indirect, incidental, special or consequential damages.
12. Term and termination
Subscriptions run for the term specified in the order form and auto-renew for successive periods of equal length unless either party gives written notice of non-renewal. Either party may terminate for material breach not cured within 30 days of written notice.
13. General
These Commercial Terms are governed by the laws of the Republic of South Africa. Disputes will be resolved in accordance with the Dispute Resolution page. If any provision is held unenforceable, the remainder continues in full force.