1. Who you are contracting with
This website and our services are provided by PhantomCX (Pty) Ltd, trading as Phantom CX (“we”, “us”, “our”), a company registered in South Africa. When you use our website or services, or buy from us, you are contracting with PhantomCX (Pty) Ltd.
2. Accepting these terms
By accessing or continuing to use our website or services, you agree to these terms. If you use our services on behalf of an organisation, you confirm you have authority to bind that organisation; if you are an individual, you confirm you are at least 18 years old.
3. Our services
We provide the Phantom CX Service Desk (ticketing, email routing, SLA tracking, CSAT and reporting) on Free, Team, Business and Enterprise plans; website development packages; off-the-shelf systems such as our Funeral Sales CRM and SHEQ system; and technology and contact centre training courses. Plan contents and prices are shown on our website. Hosting, domains and server costs are not included unless agreed in writing.
4. Your account
You must give accurate information and keep it up to date. You are responsible for keeping your login details confidential and for all activity under your account.
5. Acceptable use
You must not misuse our services. In particular, you must not:
- use the services for any unlawful purpose or in breach of any law, including POPIA;
- send spam, commit fraud, or impersonate any person;
- infringe anyone’s intellectual property or privacy rights;
- upload malware, probe or test our systems for weaknesses, scrape them, or interfere with their security or operation;
- reverse engineer, resell or redistribute the services, or get around usage limits of your plan.
6. Intellectual property
We (and our licensors) own the services and all related intellectual property, including software, documentation, course materials and branding. We give you a limited, non-exclusive, non-transferable right to use the services within your plan while your subscription or purchase is active. Content you put into the services stays yours; you let us host and process it only to provide the services to you. Websites we build for you become yours once paid in full, excluding our reusable tools and third-party components.
7. Payments, subscriptions and refunds
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Payment, billing, tax, renewal, cancellation and refund terms for online purchases are set out in Paddle’s Buyer Terms. Team and Business subscriptions renew monthly until cancelled; if you cancel, you keep access until the end of the period you have paid for. To switch plans, contact us. See our Refund Policy for refunds.
8. Service availability
We work hard to keep the services running well, but we do not guarantee that they will be uninterrupted, error-free or always available. We may carry out maintenance and make changes to improve the services.
9. Suspension and termination
We may suspend or end your access if you materially breach these terms, do not pay amounts due, create a security or fraud risk, or repeatedly or seriously breach our policies. You may stop using the services at any time. When access ends, you can ask us to export your data within 30 days; after that we may delete it.
10. Warranties and liability
To the fullest extent the law allows, the services are provided “as is” and we disclaim all implied warranties, including merchantability and fitness for a particular purpose. We are not liable for indirect or consequential losses, such as loss of profit, data or goodwill. Our total liability is limited to the fees you paid us in the 12 months before the claim. Nothing in these terms limits liability for fraud, death or personal injury, or any rights you have under the Consumer Protection Act that cannot be excluded.
You agree to indemnify us against claims arising from your content, unlawful use of the services, or breach of these terms.
11. General
We are not responsible for delays caused by events beyond our reasonable control. You may not transfer your rights under these terms without our consent; we may transfer ours in a merger or sale of our business. We may update these terms and will post the new version here. These terms are governed by the laws of the Republic of South Africa, and the South African courts have jurisdiction.
12. Contact
Questions about these terms? Email info@phantomcx.com.
