SmartTender Terms & Conditions

Last Updated: 2025/12/01

Welcome to SmartTender (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of the SmartTender website, services, and all related content (collectively, the “Service”). By creating an account or otherwise accessing or using our Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, please discontinue using our Service immediately.

SmartTender is operated by:

Alexander Fischer-Brandies
Waldpromenade 57A
82131 Gauting
Germany

Email: info@smarttender.co.za

Alexander Fischer-Brandies is a sole proprietor registered in Germany, offering services to customers in South Africa. These Terms comply with the laws of the Republic of South Africa, including the Consumer Protection Act (CPA) where applicable, and the Electronic Communications and Transactions Act (ECTA).

1. Eligibility and Acceptance

1.1 Legal Capacity
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement under South African law. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1.2 Acceptance of Terms
Your use of the Service constitutes your acceptance of these Terms. If you do not agree with any provision herein, you must stop using the Service immediately.

2. Description of Service

2.1 AI-Powered Tender Matching
SmartTender provides AI-driven tender recommendations, alerts, and related content to help users identify and evaluate public tender opportunities in South Africa. We aggregate, filter, and analyze tender information from public sources and other relevant data providers.

2.2 No Guarantee of Results
While we strive to offer accurate and useful data, we do not guarantee that any particular tender will be suited to your needs or that you will be awarded any tender. Our AI-powered recommendations and algorithmic filtering are provided as a convenience and may not identify all relevant opportunities, may include tenders that are not suitable for your business, or may contain errors or inaccuracies. You acknowledge that automated tender matching involves inherent technical uncertainties and that SmartTender is not liable for any business decisions made based on our recommendations, search results, or any other output of our systems. Your use of the Service is at your own risk.

2.3 Not Financial or Legal Advice
Information provided by SmartTender is intended as a starting point for evaluating tender opportunities. It is not financial, legal, or business advice. Please consult professionals where necessary.

3. User Accounts

3.1 Account Creation
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.

3.2 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

3.3 Termination or Suspension
We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or engaged in any activity that may harm SmartTender or its users. You may also terminate your account at any time through your account settings or by contacting info@smarttender.co.za.

4. Subscription and Payment

4.1 Free Trial
We may offer a free trial for a specified period. After the free trial ends, you will need to subscribe to continue using the Service, unless you cancel before the trial period ends.

4.2 Subscription Plans
We offer various subscription plans at different pricing tiers. By selecting a paid subscription, you agree to pay all applicable fees in accordance with the terms displayed during checkout.

4.2.1 Automatic Renewal
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for the same duration at the then-current price. You can cancel your subscription or delete your account and all associated data through your account settings.

4.3 Payment Processing
We use third-party payment providers (e.g., Stripe) to process payments. You agree to abide by the terms and conditions of these payment providers. We do not store any credit card or payment information on our servers.

4.4 Cancellation
You can cancel your subscription at any time through your account settings or by contacting info@smarttender.co.za. Canceling a subscription will result in termination of the Service at the end of the current billing cycle, unless stated otherwise in specific promotional terms.

4.5 Refunds
Unless otherwise required by law, we do not offer refunds for partially used billing periods. Please review the details of your subscription plan to understand any refund or cancellation terms.

4.6 Cooling-Off Period (Consumer Protection Act)
In accordance with the Consumer Protection Act, if you are a consumer as defined in the CPA and have entered into this agreement as a result of direct marketing, you may have the right to cancel within five (5) business days of the transaction without reason or penalty. Please note that this right may not apply to digital services that have already been accessed or where you have expressly consented to immediate performance. To exercise this right, contact us at info@smarttender.co.za within the cooling-off period.

5. User Obligations

5.1 Lawful Use
You agree to use the Service in a lawful manner and comply with all applicable local, provincial, and national laws of South Africa. You shall not use the Service to commit any unlawful act or infringe upon the rights of others.

5.2 Prohibited Conduct
You agree not to:

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
Attempt to gain unauthorized access to the Service or any user accounts through hacking or other means.
Upload or transmit viruses or any other malicious code that may damage or disrupt the Service or its users.
Resell or commercially exploit the Service without our express written consent.

5.3 Fair Use Policy

SmartTender subscriptions are intended for reasonable business use. To ensure quality service for all users, you agree to the following:

Single User Access: Each subscription is licensed to a single user or business entity. Account credentials must not be shared with or used by multiple individuals simultaneously. If you require access for multiple team members, please contact us about multi-user plans.
No Automated Access: You may not use bots, scripts, scrapers, or other automated means to access the Service, extract data, or interact with our systems without our prior written consent.
Reasonable Usage: You agree to use the Service in a manner consistent with normal business operations. Excessive or unusual usage patterns that negatively impact our systems or other users may result in temporary restrictions or account review.
Technical Limits: The Service may impose technical limits on certain features (such as API requests, email frequency, or data exports) to maintain system performance. These limits may vary by subscription plan and may change from time to time.
Enforcement: We reserve the right to monitor usage patterns and take appropriate action (including temporary suspension, usage restrictions, or account termination) if we reasonably believe this Fair Use Policy has been violated. We will make reasonable efforts to notify you before taking such action, except in cases requiring immediate response to protect our systems or other users.

6. Intellectual Property

6.1 Ownership
All content, features, and functionality provided through the Service (including text, graphics, logos, and software) are the exclusive property of SmartTender or its licensors and are protected by South African intellectual property laws and international conventions.

6.2 License to Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or business use. This license does not include any resale of the Service or its contents.

6.3 Trademarks
All trademarks, service marks, and trade names associated with SmartTender remain our property. You agree not to use them in any manner likely to cause confusion or imply endorsement without our prior written consent.

6.4 Your Content
You retain ownership of all business profile information, preferences, and other content you submit to SmartTender ("Your Content"). By submitting Your Content, you grant SmartTender a non-exclusive, worldwide, royalty-free license to use, process, and analyze Your Content solely for the purpose of providing and improving our services, including generating personalized tender recommendations. This license terminates when you delete Your Content or close your account, except for anonymized or aggregated data that cannot identify you.

7. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains our data collection, usage, and storage practices. By using the Service, you acknowledge and consent to the collection and use of personal information as described in the Privacy Policy.

8. Disclaimer of Warranties

8.1 “As Is” Basis
The Service is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Third-Party Content
We make no warranty regarding the accuracy, completeness, reliability, or availability of any third-party content or data accessed via the Service. We are not responsible for any errors or omissions in data provided by public tender platforms or other third parties.

8.3 Service Availability
We do not guarantee uninterrupted, timely, or error-free access to the Service. The Service may be temporarily unavailable due to maintenance, updates, or technical issues. We shall not be liable for any losses, damages, or missed opportunities arising from service interruptions or unavailability.

9. Limitation of Liability

9.1 Indirect Damages
To the maximum extent permitted by law, SmartTender shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Service.

9.2 Maximum Liability
In no event shall SmartTender’s total liability to you for all claims exceed the amount you paid us (if any) for the Service in the six (6) months preceding the event that gave rise to the claim.

9.3 Consumer Protection
Nothing in these Terms shall be interpreted to limit or exclude any consumer protection rights you may have under South African law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SmartTender, its directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of SmartTender or third parties.

11. Changes to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.1 Force Majeure
SmartTender shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, government actions, internet or telecommunications failures, power outages, cyberattacks, pandemics, or third-party service provider failures. We will make reasonable efforts to notify you of any such events and resume normal service as soon as practicable.

12. Changes to These Terms

We may update these Terms from time to time at our sole discretion. Any changes will be effective upon posting the revised Terms on the website. Your continued use of the Service following the posting of any changes signifies your acceptance of those changes. We encourage you to review these Terms periodically.

13. Governing Law and Dispute Resolution

13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

13.2 Jurisdiction
Any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable under applicable law, such provision shall be modified to the least extent necessary to make it valid or enforceable, and the remaining provisions will remain in full force and effect.

15. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, and any other legal notices published by SmartTender, constitute the entire agreement between you and SmartTender concerning your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

17. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

Email: info@smarttender.co.za
Contact Page: https://smarttender.co.za/contact

Thank you for using SmartTender!