Terms of Service

1. Introduction and acceptance

These Terms and Conditions ("Terms") govern access to and use of the digital business cards service provided at cards.xinnace.co.za (the "Service"), by Xinnace (Pty) Ltd, registration number 2025/316516/07, with its registered address at 22 Umhlanga Boulevard, Umhlanga, KwaZulu-Natal, 4321, South Africa ("XINNACE", "we", "us" or "our").

By accepting a quote or Order Form — for a Custom Card, for a Company Card account or the unlocking of one, or for a directory listing — activating a company card, or paying an invoice, you ("Customer", "Client" or "you") agree to be bound by these Terms. If you do not agree, do not accept the quote or Order Form, activate a card, or pay the invoice. Where you accept these Terms on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" refers to that organisation.

These Terms are published in accordance with, and are intended to satisfy, the disclosure requirements of section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the cooling-off rights in section 44 of ECTA are set out in clause 9 below.

2. Definitions

"Agreement"

means these Terms, together with the quote, Order Form or invoice for a specific card that incorporates them by reference.

"Custom Card"

means a card XINNACE sets up and hosts for one named individual, for a fixed term the Customer chooses and a fee per term, as described in clause 5.

"Company Card"

means a card an organisation designs itself through the Service's builder and issues to its own employees, billed as described in clause 6.

"Order Form"

means the quote, proposal or platform record confirming the specific card, its price, and its term or billing basis, agreed with a Customer.

"POPIA"

means the Protection of Personal Information Act 4 of 2013.

"CPA"

means the Consumer Protection Act 68 of 2008, as amended.

"Intellectual Property Rights"

means all patents, copyright, trademarks, trade secrets, database rights, and other intellectual property rights, whether registered or unregistered, anywhere in the world.

3. Supplier information (ECTA disclosures)

In accordance with section 43 of ECTA, we disclose the following:

Full name

Xinnace (Pty) Ltd

Legal status

Private company incorporated in the Republic of South Africa

Registration number

2025/316516/07

Place of registration

Republic of South Africa (Companies and Intellectual Property Commission)

Physical address

22 Umhlanga Boulevard, Umhlanga, KwaZulu-Natal, 4321, South Africa

Address for service of legal documents

Same as physical address above

Website address

cards.xinnace.co.za (this service) and xinnace.co.za (the company)

Email address

legal@xinnace.co.za

Membership of self-regulatory or accreditation bodies

None

4. The service

A digital business card: a page reachable at its own address on cards.xinnace.co.za, the QR codes and save-to-contacts link that point at it, and the view/scan/save count behind it. Two ways to get one, described fully in the clauses that follow: a Custom Card, set up and hosted by us for one individual, or a Company Card, built by an organisation for its own employees. Both are served by the same platform and read by the same analytics; the difference is who sets the card up and how it is billed, not what it does once it is live.

My Card. The person a card belongs to can add it to their own phone's home screen as an icon called My Card, which opens the card's QR code full screen, ready to be scanned. It is the same card at the same address, not a separate product, and it is not charged for. It keeps a copy of the card on that phone so it opens without signal, refreshes that copy whenever the phone is online, and stops working when the card does.

We may suspend, restrict or terminate access to a card for the reasons set out in clause 7 or clause 16, including for maintenance or security reasons.

4.1 Directory listings

The directory is optional and nobody is in it by default. A Customer may ask us to list its business in the public directory at cards.xinnace.co.za/directory, where one of its cards stands for the business and can be found by searching on a name, an industry or a service. A listing shows the card itself, at the card's own address, so what a visitor sees is always what the card currently says.

Two agreements are needed, not one. The Customer decides whether to advertise. The person named on the card decides whether their card may be used for it — because the card carries their name, their photograph and their contact details, and that is not the Customer's to publish more widely on their behalf. We ask that person directly, by email, and record their answer. Until they agree, no listing appears. If they decline, nothing about their card changes.

Either of them may withdraw at any time, without notice, reason or cost — the Customer from its own screen, the cardholder by writing to us. A listing also ends by itself when the card does: if the card's term lapses, the card is deactivated, the company is suspended, or the card is suspended for non-payment under clause 7, the listing stops at the same moment, because it is the card being shown and not a copy of it.

A listing is charged for, unless its quote says there is no charge. It is a service separate from the card, at a fee disclosed and agreed before the listing is made — in the Order Form for a Custom Card, or for a Company Card in a quote the Customer accepts on its Directory screen before anybody is asked about the card. Nothing is listed and nothing is charged until that is agreed. We do not sell placement, and the order in which businesses appear is not for sale.

The directory is not open at the date of these Terms. A Company Card listing can be requested, and its quote accepted, before it opens, so it is ready on the day it does. Nothing is shown and no fee is charged until then: a listing's monthly fee starts on the later of the day the directory opens and the day the listing goes live, is charged by the day, and is at the price on the accepted quote.

A listing is an advertisement placed by the Customer. We do not verify, endorse or accept responsibility for what a listed business does or claims, and the warranties and limitations in clauses 13 and 14 apply to the directory as they do to the rest of the Service. We may decline or remove a listing at our discretion, including where it is unlawful, misleading or brings the Service into disrepute.

5. Custom cards

5.1 Agreement and set-up

A Custom Card is quoted and agreed before we start setting it up: the price for the term it buys (1, 3, 6 or 12 months, or kept active indefinitely), and the individual it is for. Renewing buys a further term at the price then agreed. An invoice is issued once the quote is accepted.

Before a quote, we may send the individual a card brief: a short online form for the details the card will carry, their logo and photograph, which of those details may be shown publicly, and their consent to publish them. A brief link is issued to one person, opens only for the email address or mobile number it was sent to, and expires after 14 days. Sending a brief is not an order: it commits nobody to anything, and nothing is set up or charged because of it.

5.2 Cancellation and refund

Cancelling before set-up has started is refunded in full. Once set-up has started, the fee is not refundable — the card is set up for the individual named on the order and cannot be reused for anyone else. This applies however far the set-up has got; a card cancelled the day before it would have gone live is treated the same as one cancelled the day after set-up began. This clause operates alongside, and is the exemption referred to in, clause 9 (Cooling-off period) below.

5.3 The card's address

A Custom Card's slug (the part of its address after the company name) is fixed once agreed, because it ends up printed and encoded into QR codes before the card goes live. Changing it after the fact is possible but is a new request, not a correction, and any material already printed with the old address will not update itself.

5.4 Term

A Custom Card's term runs from its agreed start date to the end of its agreed end date, and stops resolving after that — the link, the QR codes and the save-to-contacts action all stop together, automatically. Renewing before the term ends keeps the same address running without a gap.

We email the Customer 30 days, 14 days and 7 days before a Custom Card's term ends, and once more within a day of its ending. Expiry is automatic and is not conditional on those notices being sent, received or read: a term that has ended has ended, whether or not the email arrived. Renewal is by quote and takes the Customer's acceptance — no term renews itself, and no Customer is invoiced for a term they have not agreed to.

When a term ends and is not renewed, the card stops resolving but is not deleted: its details, layout and address are kept so it can be renewed without being set up again, until the Customer asks us to delete them. The privacy notice sets out what is kept.

6. Company cards

A Company Card account begins with an Order Form setting out the rates below. It is accepted online, and until it is, no account is usable and nothing is charged — the administrator is not invited and cannot sign in. Accepting it is what opens the account.

A Company Card is designed by the Customer through the Service's own builder and issued to its employees. Every Company Card account is on one of two plans, and both are billed at the rates on the accepted Order Form.

The starter plan. A monthly fee for the builder that includes up to 2 people on the account — the administrator counts as one — and a card for each of them. While the account is on this plan no further people can be added and no card is charged separately. A person removed from the account no longer counts towards the limit.

An unlocked account. The same monthly fee, with no limit on the number of people. The first 2 active cards remain included in the fee, and each further card is charged as set out below. An account is unlocked only by accepting a separate Order Form showing the per-card price — one we email, or the same terms accepted by the account's administrator on its Billing screen; until that is accepted, nothing about the account's billing changes. An unlocked account can return to the starter plan from the same screen once it has no more than 2 people on it, and that change takes effect immediately.

The monthly fee. A flat charge for each month the account is open, whether or not any card was active in it — it is for having the builder, and the Customer has it either way. It starts on the day the Order Form is accepted and is prorated by the day in the first month and the last, so it is never charged for a day before the account opened or after it closed. Unlocking an account does not restart it.

A charge for each card beyond those included. On an unlocked account, on each day the first 2 active cards are included in the monthly fee — the longest-standing cards first — and every other active card is billed for that day at the agreed monthly price, prorated to a daily rate. A card is never billed for a day before it existed. A Custom Card is neither counted nor billed here: it is sold once off under clause 5 and appears on no monthly invoice.

Invoices are raised monthly for the previous month's activity.

The Customer controls who has a card, what the card's template looks like, and what an employee is permitted to edit on their own card. We do not add, remove or edit an employee's card on the Customer's behalf except at its request.

7. Fees and payment

Before any Custom Card is set up, and before a Company Card subscription begins, we provide an Order Form or on-screen quote disclosing the full price, so that no order is placed without the Customer seeing the total price in advance.

Fees are payable in South African Rand by electronic funds transfer (EFT) to the bank account shown on the applicable invoice. We do not operate a payment gateway and do not accept, process or store card details.

An invoice is due within 7 days of being issued, in full, unless we agree a later date in writing before the original due date falls. The amount due does not change depending on when it is paid within that period — XINNACE is not currently VAT registered, and nothing here charges interest or a late fee, and an agreed extension does not add one.

If an invoice remains unpaid, reminders are sent as it approaches and passes its due date. If it is still unpaid 14 days after issue (7 days past its due date), and no extension has been agreed and no dispute is open, the card or cards it covers are suspended: the address stops resolving, the QR codes stop working, and save-to-contacts stops working, in the same way a card does when its term simply ends. Nothing is deleted by a suspension — once payment is confirmed, the card resumes at the same address with no further action needed.

Suspending a card for non-payment is a step taken under this Agreement, not a debt collection process — we do not pass unpaid invoices to a third-party collector, list a non-payment with a credit bureau, or add any charge for late payment. If a dispute about an invoice is raised before its due date, the card is not suspended while that dispute is being resolved in good faith.

Custom Card fees are refundable only as set out in clause 5.2. Company Card fees already invoiced — the monthly fee, and any card billed for the days it was active — are not refundable; ending a subscription simply stops further days from being billed.

8. Order process and transaction records

8.1 Reviewing your order

Before finally agreeing to a quote or activating a subscription, the Customer is given a reasonable opportunity to review the full details of the proposed transaction (including the description of the card and the full price), correct any input errors, and withdraw from the transaction without penalty.

8.2 Confirmation and record-keeping

On conclusion of a transaction, we send the Customer a written confirmation by email summarising what was ordered, the price agreed, and the payment terms. That applies to each kind of transaction the Service concludes: accepting a Custom Card quote, accepting a Company Card Order Form, unlocking or changing an account's plan, and accepting a directory listing quote. An accepted quote or Order Form also stays viewable at its own link. The Customer can access and download a copy of each invoice at any time via its account or by requesting a copy by email. We retain transaction records for at least five years, or such longer period as required by applicable law, including the CPA and tax legislation.

9. Cooling-off period (section 44 of ECTA)

Where a transaction is concluded electronically and section 44 of ECTA applies, the Customer is entitled to cancel, without reason and without penalty, the transaction within seven days after the date of conclusion of the agreement, and is entitled to a full refund of any payment already made, paid within 30 days of the date of cancellation.

This right does not apply to the extent the underlying transaction falls within an exemption recognised under ECTA — which, for a Custom Card, is the case once set-up has started at the Customer's request: ECTA does not require a cooling-off right to survive the Customer's own instruction to begin performance. Clause 5.2 states the position that follows from that exemption in plain terms. This clause does not limit any other right the Customer may have under the CPA or other applicable law.

To exercise this right, notify us in writing using the contact details in clause 3 or clause 20.

10. Data protection and privacy (POPIA)

We process personal information in accordance with POPIA. What is collected, why, who it is shared with and for how long is set out in full in our privacy notice, issued under section 18 of POPIA, which forms part of this Agreement by reference and should be read together with these Terms.

Where a Company Card is involved, the Customer is the Responsible Party for its employees' information and we act as its Operator, processing that information only on the Customer's instructions. That arrangement is set out in full in our Operator Addendum, which is the written contract section 21(1) of POPIA requires between a responsible party and its operator, forms part of this Agreement, and is the document to send to anybody who asks the Customer for a data processing agreement covering this service.

11. Intellectual property

We retain all Intellectual Property Rights in the Service — the software that hosts, serves and counts every card — and in any methodologies, tools or pre-existing materials used to build one. Nothing in these Terms transfers ownership of those rights to the Customer.

A Custom Card is a service we host, not a design we hand over. Its layout, styling and markup remain ours, and the Customer is licensed to use the card — its address, its QR codes and its save-to-contacts — while its term is active. The files are not provided. We do not resell or reuse a Custom Card's specific design for anyone else. The Customer's own marks, logo, photography and brand elements were always theirs and nothing here changes that. We retain the right to show the card as a reference in our own portfolio unless the Customer asks otherwise in writing.

A Custom Card ordered before 1 October 2026 keeps the licence set out in the version of these Terms the Customer accepted at the time.

A Company Card's template, built by the Customer through the Service's own builder, is the Customer's. We retain ownership of the underlying platform and nothing the Customer put into it.

12. Confidentiality

Each party will keep confidential all non-public information disclosed by the other party in connection with these Terms and will use such information only to perform its obligations. This obligation does not apply to information that is public, independently developed, or required to be disclosed by law, provided reasonable notice is given where legally permissible.

13. Warranties and disclaimers

We warrant that a Custom Card will be set up and hosted with reasonable skill and care, consistent with the brief agreed at intake, and that the Service will materially conform to the house rules a card is set up under.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available", as described further in clause 4 and the availability position it sets out. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, save that nothing in this clause limits any right or protection the Customer cannot lawfully waive under the CPA, where the CPA applies to the Customer.

We aim to keep cards reachable at all times and take outages seriously, but do not promise a specific uptime figure and are not liable for a card being briefly unreachable because of maintenance, an issue with a hosting or email provider outside our control, or a force majeure event under clause 17.

14. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded or limited under South African law, including the CPA.

Subject to the above, our aggregate liability arising out of or in connection with these Terms, whether in contract, delict or otherwise, will not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim. We will not be liable for indirect, special or consequential loss, including loss of profit, revenue, business or reputation, even if advised of the possibility of such loss.

15. Indemnification

The Customer indemnifies us against claims, losses and reasonable costs arising from the Customer's misuse of the Service, breach of these Terms, or violation of applicable law — including in respect of content or personal information the Customer instructs us to publish on a card.

16. Term and termination

A Custom Card ends when its term ends, or earlier if cancelled under clause 5. A Company Card ends when the Customer deactivates it or stops paying for it, or is suspended under clause 7. Either party may terminate a Customer's account entirely on written notice if the other is in material breach of these Terms not remedied within 15 business days of being told about it in writing, or immediately on the other party's insolvency.

Cancelling a Company Card account. The account's administrator can cancel it from the Billing screen. Cancellation takes effect at the end of the calendar month in which it is requested: the account and its cards stay live until then, the monthly fee and any card charges for that month are billed as usual, and the cancellation can be withdrawn on the same screen at any time before it takes effect. When it does, the account is closed and its data is handled as the Operator Addendum sets out. A Custom Card filed under the account is not affected by this, or by the account being suspended or closed for any other reason: it was sold under clause 5 and runs to the end of its own term. Fees for the period before cancellation takes effect are not refunded, except where the cooling-off right in clause 9 applies.

What happens to the underlying personal data after a card ends is governed by the privacy notice, not by this clause — in short, a removed card's details are anonymised after a retention period the Customer controls, except what an invoice must keep as a tax record.

17. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including load-shedding or utility failures, natural disasters, war, civil unrest, or internet or telecommunications outages, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the impact.

18. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute through good-faith negotiation. Unresolved disputes may be referred to mediation or arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), available electronically at afsa.co.za, failing which either party may approach a South African court of competent jurisdiction. Nothing in this clause prevents a consumer from exercising rights available under the CPA, including referral to the National Consumer Commission or an accredited industry ombud.

19. General provisions

Amendments

We may update these Terms from time to time. Material changes affecting an active agreement are communicated to the Customer they affect directly, and continued use of the Service after the effective date constitutes acceptance.

Accessing these Terms

These Terms are available on this page in HTML format and may be downloaded, saved or printed as a PDF at any time. A copy will also be emailed to the Customer on request.

Entire agreement

These Terms, together with the applicable Order Form or invoice, constitute the entire agreement between the parties for that card and supersede prior discussions on the same subject matter.

Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

No waiver

Failure to enforce any provision does not constitute a waiver of that provision.

Assignment

The Customer may not assign its rights under these Terms without our prior written consent, not to be unreasonably withheld.

Notices

Legal notices must be sent in writing to the addresses in clause 3 (us) or the Customer's billing contact on file.

20. Contact us

For questions about these Terms, please contact:

Questions about an invoice specifically: support@xinnace.co.za. Questions about personal information: privacy@xinnace.co.za — see the privacy notice for why the two are kept separate.