Version 2026-08-03-r3 · working draft

These are our standard terms, published so municipalities can see the basis on which the service is offered. This revision adds the Operator commitments POPIA requires of us — security, breach notification and sub-operator disclosure — and defines the data-return period that was previously open-ended. They have not yet been through final legal review, and the company details in section 01 are pending. Where a municipality has a signed service agreement or procurement contract with us, that agreement takes precedence over this page. If you need a finalised copy for a procurement process, please contact us.

UbuntuSoft (Pty) Ltd and your municipality

"We", "us" and "UbuntuSoft" mean UbuntuSoft (Pty) Ltd, a South African company. "You" and "the municipality" mean the municipality or organisation that registers for the service, together with the users it authorises. "The platform" means UbuntuSoft Indigent Management, including the web application, the field application and supporting services.

Accounts are verified before they go live

Registering does not by itself activate an account. When you register a municipality, you confirm that you are authorised to act on its behalf. We verify this — ordinarily by telephone with the municipality — before activating the account, and we may decline or delay activation at our discretion. Until an account is activated it cannot be used to capture or access resident data.

What the platform may be used for

The platform is provided for administering indigent applications and related municipal functions, in line with your municipality's own indigent policy. You agree not to use it to process personal information for unrelated purposes, to attempt to access another municipality's data, to probe or interfere with the security of the service, or to upload material that is unlawful or that you have no right to process.

Messaging. The platform can send SMS and email to residents. This is for service communication about a resident's own application or indigent status — for example acknowledgements, decisions, renewal reminders and requests for documents. It must not be used for direct marketing, political messaging, or any communication unrelated to the resident's dealings with your municipality. Direct marketing by electronic communication is restricted under POPIA section 69, and using the platform for it would place both parties in breach.

You are the Responsible Party; we are the Operator

For resident and applicant personal information captured in the platform, your municipality is the "Responsible Party" under the Protection of Personal Information Act 4 of 2013 (POPIA) and UbuntuSoft is an "Operator" processing that information on your instruction. We process it only to deliver the service, we treat it as confidential, we do not sell it, and we disclose it only where necessary to perform the verification steps described in section 11, where you instruct us to, or where the law requires it.

These terms are the written contract POPIA requires. Section 21(3) of POPIA requires processing by an Operator to be governed by a written contract with the Responsible Party. These terms, together with any service agreement or quotation accepted by your municipality, constitute that contract. Where your municipality requires a separate Operator Agreement in its own form, we will sign one on request.

Consent is captured at the point of collection. When your officials or field staff capture an applicant’s personal information — including identity numbers, household and income details, and photographs of the applicant and their home — your municipality warrants that the collection complies with section 11 of POPIA: that the applicant knows what is being collected and why, that collection is necessary to assess the application under your indigent policy, and that the person capturing it is authorised by you to do so. UbuntuSoft does not collect personal information from applicants directly; we process what your authorised staff capture, solely on your documented instruction.

Our POPIA Manual sets out the categories of information processed, the conditions we apply, retention, and how residents exercise their rights.

What we commit to, and what we tell you

We will establish and maintain appropriate technical and organisational measures to protect resident information against loss, damage and unauthorised access, as required by POPIA sections 19 and 21(1). Those measures are described in section 05 of our POPIA Manual, and include South African hosting, encrypted storage, authenticated access restricted to your municipality's own users, and an audit trail of every capture and decision.

If information is compromised, we tell you. Where we have reasonable grounds to believe that resident personal information has been accessed or acquired by an unauthorised person, we will notify your municipality without undue delay and in any event within 48 hours of becoming aware, as required by POPIA section 21(2). That notice will describe what we know of the nature and extent of the compromise, the information affected, and the steps we are taking.

We notify you because your municipality, as Responsible Party, carries the duty under POPIA section 22 to notify the Information Regulator and affected residents. We will give you the information and assistance you reasonably need to meet that duty, and will not make a public statement about a compromise affecting your residents without consulting you first, unless the law requires it.

Who else processes information on our behalf

We use a small number of service providers to deliver the platform. Each processes resident information only on our instruction, is bound to confidentiality and security obligations equivalent to those in these terms, and is used only for the purpose stated below.

We will give your municipality reasonable prior notice before adding or replacing a sub-operator that processes resident information, so that you can raise any objection. A current list is available on request. The verification sources in section 11 are not sub-operators — they are independent parties we query on your instruction, and each remains responsible for its own processing.

Your data stays yours

Data your municipality captures in the platform remains yours. We claim no ownership of it, and we do not use it to train models or for any purpose other than delivering the service to you. We may use aggregated, de-identified statistics that cannot identify a municipality or an individual to operate and improve the platform.

On termination. You may export your data at any time while your account is active. After termination we will keep it available for export for 30 days, and will provide it in a structured, machine-readable format on request. We will then delete it within a further 60 days, or sooner on your written instruction. Where your municipality's own record-keeping obligations require a different period, tell us and we will agree it in writing.

What we aim to provide

We aim to keep the platform available during South African business hours and to give reasonable notice before planned maintenance. Specific availability targets, support hours and response times are set out in the service agreement for your municipality and are not fixed by this page. We may change or improve platform features over time; we will not make a change that materially reduces core functionality without telling you.

Pricing is agreed per municipality

Fees, billing frequency and payment terms are those set out in the quotation or service agreement for your municipality. Where no such agreement is in place, use of the platform is on a trial or evaluation basis and may be ended by either party at any time. See Pricing for how we scope quotations.

Ending the service

You may stop using the platform at any time. We may suspend an account where we reasonably believe it is being used unlawfully, where it puts resident data or the service at risk, or where fees agreed with us remain unpaid — and, other than in urgent cases, we will tell you first and give you an opportunity to put it right. On termination, the export and deletion provisions in section 07 apply.

Verification sources

The platform can verify application details against third parties such as Home Affairs, SASSA, CIPC, the Department of Labour and TransUnion. Those checks are performed by the relevant third party on your instruction, and we are not responsible for the accuracy or availability of their data. Verification results are decision support — the decision on an application remains your municipality's, as does the responsibility for having a lawful basis to make each check.

Limits on liability

The platform supports municipal decision-making; it does not replace your municipality's own statutory responsibilities or its indigent policy. To the extent permitted by law, and except for liability that cannot lawfully be excluded, our liability arising out of the service is limited as set out in the service agreement for your municipality. Neither party is liable for indirect or consequential loss. Nothing in these terms limits or excludes either party's obligations or liability under POPIA.

How updates work

We may update these terms as the service develops. Each version carries a version identifier, and the version your municipality accepted at registration is recorded against your account, so it is always possible to establish which wording applied. Where a change materially affects your rights or obligations, we will give reasonable notice before it takes effect.

South African law

These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction. We will try in good faith to resolve any dispute directly before either party takes it further.