Terms of Service

About us
1. The services ("Services") provided through the web application at app.bill.co.za (the "Platform"), as more fully described at https://bill.co.za/, are made available to you by ASDF Consulting Proprietary Limited (herein "ASDF"), a private company duly incorporated in terms of the laws of the Republic of South Africa with registration number 2023/566704/07 and with the following further details:
  1. physical address: Block 2, Blaauwklip Office Park, Webersvallei Road, Stellenbosch, Western Cape, 7600;
  2. email address: support@bill.co.za;
  3. telephone number: +27 69 041 1717; and
  4. directors: Frederick James Klopper and Oliver Michael Harrison.
About these terms
1. By using the Services, you agree to the terms of use set out in this document and the other documents incorporated herein by reference (collectively herein "Terms").
2. If you do not agree to these Terms, or are not legally capable of doing so, you may not use the Services or any part of the Services.
3. These Terms must be read together with our prevailing terms, policies and the like published by us in relation to our Services. If there is any conflict between these Terms and any other agreements, policies, or terms published by us in relation to our Services, the terms set out in this document will prevail.
4. We reserve the right to change these Terms from time to time in our sole discretion, with the revised terms taking effect upon publication. Your continued use of the Services constitutes your agreement to the revised Terms, and it is your responsibility to keep yourself informed of our prevailing Terms.
5. If you do not agree to any revised Terms, you must immediately cease using the Services.
6. For purposes of these Terms, "Parties" refers to you and ASDF, and "Party" refers to either, as the context may indicate.
Consumer protection legislation
1. This clause 3 applies to users who are "consumers" for purposes of the Consumer Protection Act, 68 of 2008 (herein "CPA").
2. Your attention is drawn to the fact that these Terms contain provisions which may:
  1. serve as an acknowledgement, by you, of a fact, circumstance, or eventuality;
  2. limit the risk or liability of ASDF or a third party;
  3. give rise to risk or liability for you; or
  4. impose an obligation to indemnify ASDF or a third party.
3. We have endeavoured to highlight such terms by bolding the text for ease of reference.
4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask us to explain such provision to you before you accept the Terms or continue to use the Services.
Use of the Services
1. ASDF makes available the Services in the manner and form it decides in its sole and unfettered discretion from time to time. ASDF shall not be obliged to give you prior notice of any changes to the Services.
2. The Services are only available to users above the age of 18 years old.
3. To use the Services, you will need to register a unique user profile with us on the Platform (herein "User Account"), providing the information requested.
4. Once you have successfully completed the registration process, you will be provided with your User Account made available to you through the Platform.
5. If any of your information changes, please update it on the Platform, otherwise we will presume that your information is accurate and place reliance on it.
6. Access to your device's microphone is required to enable audio dictation of billing instructions on the Platform. The Platform will request your permission to access your microphone before enabling these features, and you may manage these permissions through your device settings at any time. Disabling a permission may limit the availability or functionality of certain features of the Services.
Professional obligations
1. We use reputable third-party artificial intelligence services to process billing instructions and communications data that you provide us access to in order to generate suggested time entries, billing records, transcriptions and invoices. These outputs are drafts intended to assist you in preparing and administering your billing and are subject to your independent professional review for accuracy, completeness, reasonableness, and to ensure that no invoice is false or misleading as to the true nature of the work performed.
2. You acknowledge that you remain responsible for ensuring that your billing practices, including any time descriptions, billing records, and invoices prepared using the Services, comply with all applicable professional rules and ethical obligations governing legal practitioners in the Republic of South Africa.
3. ASDF accepts no responsibility or liability for any cost, claim, loss, damage, penalty, sanction, or other adverse consequence arising from or connected with your non-compliance with any professional or ethical obligation applicable to you as a legal practitioner, including in connection with any billing record or invoice prepared using the Services.
Restrictions on use
1. When using the Services, you agree not to, directly or indirectly:
  1. engage in any unlawful or illegal activity;
  2. upload, post, transmit or distribute any material that is obscene, threatening, violent, racist, defamatory, offensive, or otherwise unlawful on the Platform;
  3. disrupt, impair, or overburden our network or operations;
  4. circumvent, disable, or otherwise interfere (or attempt to interfere) with any features or functionality of the Services or restrictions imposed on you by these Terms;
  5. reverse-engineer, decompile, or reverse-assemble the Services;
  6. use any other person's User Account, impersonate any other user, or log in with false information;
  7. index, pre-fetch, cache, or otherwise store, whether online or offline, any data obtained through the Services other than your own data and records; or
  8. use the Services, or any outputs generated by the Services, to develop, train, or improve any competing product or service, or for any purpose other than managing your own billing and practice administration.
Subscriptions and payment
1. We may, in our sole discretion, offer a free trial to new subscribers who have not previously held a User Account, during which no payment is required. Unless you cancel before the free trial period ends, your subscription will convert to a paid subscription on the terms set out in clause 7.2.
2. After any free trial period which may be provided in accordance with these Terms lapses, your continued access to the Services requires payment of our monthly subscription fees (herein "Subscription Fees"), billed monthly in advance. Your subscription renews automatically on a monthly basis unless terminated in accordance with clause 11.
3. We will give you not less than 30 days' written notice of any change to the Subscription Fees. You may cancel your subscription during that notice period without penalty, with effect from the end of the then-current billing period. If you do not cancel during the notice period, the revised Subscription Fees will take effect from the start of the billing period that begins immediately after the notice period expires.
4. Our refund policy, as published at https://bill.co.za/refund-policy and updated from time to time, is incorporated into these Terms by reference and prevails over these Terms to the extent of any conflict that cannot be resolved by purposive interpretation.
Security
1. We reserve the right to take any action we deem necessary to maintain the security, integrity, and proper functioning of the Platform.
2. You agree to keep your User Account login details strictly confidential and not to disclose them to any other person. ASDF shall not be liable for any loss or damage you or your firm may suffer as a result of unauthorised access to your User Account arising from your failure to maintain the confidentiality of your login details.
3. You agree to notify us by email as soon as you become aware of any fact, circumstance, or eventuality that may lead to the security of the Services being compromised.
4. You are hereby notified that it is a criminal act to circumvent, disable, or otherwise interfere (or attempt to interfere) with our security measures and you agree not to do so, either directly or indirectly.
Intellectual property rights
1. For purposes of these Terms, the term "Intellectual Property" includes, without limitation, all intellectual property and similar proprietary rights, howsoever arising and in whatever tangible or intangible media, whether or not registered, including (without limitation) copyright, database rights, patents, trade marks, registered designs, unregistered design rights, domain names, confidential information, business processes, trade secrets, know-how, goodwill, and any applications for the protection or registration of those rights and all renewals and extensions thereof throughout the world (if applicable), as well as any adaptations, derivatives, and embodiments of the aforegoing.
2. ASDF (or its licensors, as the case may be) owns all right, title, and interest in any Intellectual Property in and to the Services, inclusive of any adaptations thereof.
3. You are only authorised to use the Services in accordance with these Terms and while you maintain a valid User Account. Your permitted use is non-exclusive, non-sublicensable, and personal.
4. You agree to notify us via email as soon as reasonably possible upon becoming aware of any actual or likely infringement of our rights in and to the Services, or any possible claim that the Services or any part thereof may infringe upon the rights of a third party.
5. All rights not expressly granted herein are reserved to us in full and no right, title, or interest in any Intellectual Property in and to the Services is granted to you.
Data privacy
1. ASDF processes personal information in connection with the provision of the Services in accordance with our prevailing privacy policy, which is incorporated into these Terms and published at https://bill.co.za/privacy-policy.
2. You agree that you will comply with all applicable data protection and privacy laws and regulations, including, but not limited to, the Protection of Personal Information Act No. 4 of 2013, as amended (herein "POPIA"), and any regulations thereto, to the extent applicable to the processing of personal information in connection with these Terms.
3. You will ensure that any personal information submitted to us by you or on your behalf may be lawfully used by us in the rendering of the Services to you. You specifically warrant that you have obtained and maintain all necessary consents and authorisations for such processing by ASDF.
4. Each Party shall notify the other as soon as reasonably possible upon becoming aware of any actual or suspected security compromise affecting personal information processed in connection with the Services, and shall cooperate reasonably to contain and remediate any such compromise.
Suspension and termination
1. If you fail to make payment of any Subscription Fees by the due date, we may suspend your access to the Services with immediate effect for as long as the amount remains outstanding. If you fail to remedy the default within 20 Business Days of written notice from us requiring you to do so, we may terminate your access to the Services on written notice to you.
2. We may, in our sole discretion, also terminate or suspend your access to the Services if:
  1. you breach these Terms;
  2. your use of our Services could cause risk or harm to the Platform or other users; or
  3. we are required to do so under applicable law.
3. Re-activation of your User Account may be granted pursuant to a suspension, conditional upon compliance with such conditions as we may deem appropriate in our sole discretion.
4. You may cancel your subscription at any time via the Platform, with your access to the Services terminating at the end of the then-current billing period. Your data will remain available for download for a period of 30 days following termination of your User Account, following which it will be deleted or anonymised in accordance with our prevailing privacy policy.
5. Upon the termination of your User Account for any reason, you shall forfeit any accrued rights and entitlements without any claim arising from it against us or any other party, save for any rights you may have as a consumer in terms of the CPA.
Disclaimers, limitations of liability and indemnities
1. We do not warrant, represent, or undertake that the Services will always be available. Without limiting the generality of the aforegoing, we reserve the right to perform maintenance on the Platform from time to time, during which the availability of the Services may be affected.
2. The Services are provided as is and on a best effort basis, without any warranty, representation, or undertaking whatsoever.
3. Any use of outputs from the Services is at your sole risk, and you will not rely on outputs as a sole source of accurate or factual information, or as a substitute for professional judgment.
4. To the maximum extent permissible under applicable law, we disclaim any liability for any cost, claim, damage, loss, expense, penalty, or other adverse consequence that you or your firm may incur arising from these Terms, the use of the Services, or otherwise. Without limiting the generality of the aforegoing, ASDF shall not be liable for any direct, indirect, consequential, special, or punitive damages, inclusive of loss of profit.
5. To the maximum extent permitted by applicable law, you agree to indemnify us from any claim, cost, expense, penalty, damage, injury or any other adverse consequence arising from your use of the Services, or breach of these Terms.
6. The Platform is designed for use with current versions of widely supported web browsers. ASDF does not warrant that the Services will perform correctly on unsupported or outdated browser versions or device configurations, and accepts no liability for any degraded functionality or unavailability arising from your use of an unsupported browser or device configuration.
General warranties
1. You warrant and represent, as material warranties, inducing us to allow you to use the Services, that:
  1. you have the legal capacity to accept and be bound by these Terms;
  2. your acceptance of these Terms, as amended, constitute a valid and binding agreement between us; and
  3. your acceptance of these Terms, as amended, and the performance of obligations hereunder does not and shall not contravene any applicable law or regulation.
Notices and address for service
1. Each Party hereby chooses as its address for service and receipt of notices (i.e. domicilia citandi et executandi) for purposes under these Terms, whether in respect of judiciary process or otherwise, that Party's nominated physical address or email address (herein each a "Notice Address") being in our case the details provided in these Terms and in your case the prevailing details as provided in your User Account. Accordingly, insofar as these Terms may prescribe notice periods for the giving of notices, such notice periods shall be complied with upon the giving of notices in compliance with the terms of this clause 14.
2. Any notice served on a Notice Address before 17h00 in the recipient's time zone shall:
  1. if delivered by hand, be deemed to have been received on the day of delivery; or
  2. if sent by email, be deemed to have been received on the date when it is capable of retrieval by the recipient.
3. In the event of delivery of a notice to a Notice Address later than 17h00 in the recipient's time zone, then delivery shall be deemed to have taken place on the next day.
4. A delivery or read receipt generated by a sender's email client shall constitute face value (i.e. prima facie) proof of the message being capable of retrieval by the recipient.
5. The provisions of this clause 14 do not preclude a serving Party from otherwise proving that a notice was in fact duly received by a receiving Party.
Interpretation
1. For purposes of these Terms:
  1. the rule of interpretation that a contract will be interpreted against the party responsible for the drafting and preparation thereof will not apply;
  2. unless the context shows otherwise, a clause which includes a specific example or examples will not be construed as limiting the meaning of the general wording preceding it; and
  3. the termination or expiry of these Terms will not affect those provisions which expressly provide that they will continue to operate after such termination or expiry, or those provisions which of necessity must continue to have effect after such termination or expiry, even where those clauses do not expressly provide for this.
General
1. No assignment. You shall not be entitled to transfer any right or obligation arising from these Terms (including transfer by way of cession, assignment, delegation, sale, merger, operation of law, or otherwise), without the prior written consent of ASDF.
2. Applicable law. These Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. Unless and to the extent expressly agreed otherwise in these Terms, we agree that the High Court of South Africa, Western Cape Division, shall have exclusive jurisdiction to hear any disputes that may arise from these Terms.
3. Independent advice. Each of the Parties acknowledges that it has been free to secure independent legal advice and that it has either taken such independent legal advice or dispensed with the necessity of doing so at its own risk.
4. Binding on successors-in-title. These Terms shall be binding on and enforceable against any successor-in-title or other legal representatives of the Parties as fully and effectually as if they had signed these Terms in the first instance.
5. No representation. No Party shall be entitled to represent the other Party, unless and only to the extent expressly provided otherwise in these Terms.
6. Third-party rights. Unless expressly otherwise agreed herein, these Terms are not intended to be for the benefit of (and shall not be enforceable by) any person other than the Parties.
7. Whole agreement. These Terms constitute the whole agreement between us as to the subject matter hereof. None of us shall have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms.
8. Relaxation. No failure or delay on the part of any Party to enforce its rights shall in any circumstances be construed as a consent, election, limitation, or waiver of rights by such Party.
9. Severability. Each provision of these Terms is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable, then the remainder of these Terms will remain binding and continue with full force and effect.
10. Cost of legal services. Each of us will pay our own costs and expenses incurred by us in connection with the negotiation, drafting, re-drafting, entering into and implementation of legally binding documents. Should any one of us instruct attorneys to take any steps to enforce any rights in terms of these Terms arising from a breach thereof, then the breaching party shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charge.