Definitions

In this Agreement, unless the context indicates otherwise:

• "Agreement" means these Terms and Conditions, together with any Service Proposal, Onboarding Form, or written addendum agreed between the parties.
• "Services" means the done-for-you digital marketing, CRM automation, lead management, and related services provided by Altitude Digitals as described in Section 3.
• "Service Proposal" means the written or electronic document setting out the specific scope, tier, fees, and deliverables agreed for a particular Client engagement.
• "Subscription Fee" means the recurring monthly fee payable by the Client for continued access to and management of the Services.
• "Setup Fee" means the once-off fee payable for the initial configuration and deployment of the Client's system.
• "Platform" means the GoHighLevel (GHL) subaccount and associated tools provisioned for the Client.
• "Client Data" means any data, content, or information uploaded, submitted, or generated by the Client or their leads within the Platform.
• "Intellectual Property" means all copyrights, trademarks, trade secrets, patents, designs, methodologies, frameworks, templates, automation workflows, and proprietary materials developed by or belonging to Altitude Digitals.
• "Business Day" means any day other than a Saturday, Sunday, or South African public holiday.
• "Force Majeure Event" has the meaning given in Section 22.

Acceptance of Terms

This Agreement becomes binding upon the earliest of:

• Your electronic or written signature on an Onboarding Form or Service Proposal;
• Your submission of any payment (full or partial) to Altitude Digitals;
• Your written confirmation (including via WhatsApp, email, or SMS) that you wish to proceed; or
• Your use of or access to the Platform provisioned for you.

Where the Client is a company or other legal entity, the individual accepting these terms warrants that they are duly authorised to bind that entity to this Agreement.

Services & Pricing

Altitude Digitals provides done-for-you digital marketing and automation systems exclusively for estate agents and estate agencies. Services are structured across three tiers:

Altitude Digitals reserves the right to modify service inclusions upon 30 days' written notice, provided that core functionality is not materially diminished. A 15% annual billing discount applies when the full year's subscription is paid upfront. Annual subscriptions are non-refundable once the discount has been applied.

3.1 AI Tools

All plans include the AI Listing Writer, AI Negotiation Assistant, AI Communication Writer, and AI Caption Generator. These tools are provided as-is. AI-generated content is a starting point only — the Client is solely responsible for reviewing all content before use. No warranty is made regarding the accuracy or fitness for purpose of AI-generated output.

Onboarding & Setup

Upon receipt of the first Setup Fee instalment and first month's Subscription Fee, Altitude Digitals will commence onboarding. The estimated timeline is 5 to 7 Business Days from the date all required Client information is received in full.

4.1 Client Responsibilities During Onboarding

The Client must provide all requested information — including business details, agent profiles, target market information, and access credentials — in a timely and accurate manner. Delays caused by incomplete or late submission of information extend the setup timeline, and Altitude Digitals accepts no liability for such delays.

4.2 Timeline Not Guaranteed

The 5 to 7 Business Day timeline is an estimate, not a guarantee. Factors including third-party platform availability and load shedding may affect the timeline. Material delays will be communicated promptly.

4.3 Go-Live Acceptance

Altitude Digitals will notify the Client when the system is live. The Client must report any errors or omissions within 5 Business Days of go-live notification. After this period, the setup is deemed accepted.

Fees & Payment

5.1 Setup Fee

The Setup Fee is a once-off, non-refundable fee covering the time, resources, and expertise required to build and deploy the Client's system. It is payable in full or by instalment as set out in Section 6.

5.2 Subscription Fee

The Subscription Fee is payable monthly in advance. The first month's fee is due together with the first Setup Fee instalment before onboarding begins. Subsequent fees are billed on the same calendar date each month.

5.3 Payment Methods

Payment is accepted via EFT to Altitude Digitals' designated business account, or via such other methods as may be made available. All fees are quoted and payable in South African Rand (ZAR).

5.4 Late Payment

Where any payment is not received by its due date, Altitude Digitals reserves the right to: (a) charge interest at 2% per month (compounded) from the due date; (b) suspend all Services without further notice until full payment including interest is received; and/or (c) terminate this Agreement under Section 16. Suspension does not relieve the Client of payment obligations.

5.5 Fee Increases

Subscription Fees may be increased with 30 days' written notice, not more than once per 12-month period. If the Client does not accept revised fees, they may terminate by written notice before the effective date with no early termination fee.

Instalment Arrangements for Setup Fee

The Setup Fee is payable in up to three equal instalments:

• Instalment 1: Due with first month's Subscription Fee before onboarding. System goes live on receipt.
• Instalment 2: Due 30 days after go-live date.
• Instalment 3: Due 60 days after go-live date.

Subscription, Renewal & Cancellation

7.1 Month-to-Month

Monthly subscriptions continue on a rolling basis until cancelled. There are no long-term contracts. The Client may cancel at any time subject to the notice period below.

7.2 Cancellation Notice

Either party may cancel by providing 30 days' written notice before the next billing date, via email to the address in Section 25. WhatsApp notice is valid only where acknowledged in writing by Altitude Digitals. The Client remains liable for the full Subscription Fee during the notice period. No pro-rata refund applies for the notice month.

7.3 Annual Subscriptions

Annual subscriptions are non-cancellable and non-refundable mid-term except under Section 8.2. Early cancellation forfeits the 15% discount; the Client will be liable for the difference between the discounted amount paid and the standard monthly rate for the period of service received.

7.4 Automatic Renewal

Subscriptions renew automatically unless cancelled per Section 7.2. A renewal reminder will be sent no fewer than 7 days before the next billing date. Failure to cancel before renewal does not entitle the Client to a refund.

Refund Policy

8.1 Setup Fee — Non-Refundable

The Setup Fee (or any portion paid) is strictly non-refundable under all circumstances, including cancellation, change of mind, failure to complete onboarding, dissatisfaction with results, or termination for any reason. The Setup Fee compensates Altitude Digitals for work already performed.

8.2 Subscription Fee — Limited Refund

Subscription Fees are generally non-refundable. A pro-rated refund of the current month's fee may be considered only where: (a) the Platform has been completely non-functional for more than 7 consecutive Business Days due to a fault directly attributable to Altitude Digitals (not third-party outages); and (b) the Client has reported the issue in writing and allowed a reasonable opportunity to resolve it. Any refund is at Altitude Digitals' sole discretion.

8.3 No Refund Based on Results

Altitude Digitals does not guarantee specific business outcomes, lead volumes, conversion rates, or revenue. No refund will be issued on the basis of business performance not meeting expectations.

Client Obligations

The Client agrees to:

• Provide accurate, complete, and timely information required for onboarding and ongoing service delivery.
• Respond to communication from Altitude Digitals within 3 Business Days for routine matters.
• Pay all fees by the due dates specified in this Agreement and on invoices issued.
• Use the Platform and Services only for lawful purposes in compliance with all applicable South African laws, including the ECT Act, Consumer Protection Act, POPIA, and FICA.
• Not use the Services to send unsolicited bulk communications or engage in any activity constituting spam.
• Maintain confidentiality of all login credentials provided for Platform access.
• Notify Altitude Digitals immediately of any suspected unauthorised access to or misuse of the Platform.
• Not reverse engineer, copy, or attempt to replicate Altitude Digitals' automation workflows, sequences, or system architecture.
• Ensure all leads and contacts in the Platform have provided appropriate consent to receive communications in compliance with applicable law.
• Comply with the acceptable use policies of all third-party platforms integrated into the Services.

Altitude Digitals' Obligations

Altitude Digitals undertakes to:

• Deploy the agreed system within the estimated timeline, subject to receipt of all required information and payments.
• Provide the Services described in the applicable Service Proposal with reasonable skill and care.
• Make the Platform available during normal operating hours and use reasonable efforts to minimise downtime.
• Provide support via the channel specified for the Client's tier.
• Deliver the agreed reporting at the frequency specified for the Client's tier.
• Notify the Client of any material changes to the Services with at least 30 days' notice.
• Handle Client Data in accordance with our Privacy Policy and applicable data protection law.

Intellectual Property

11.1 Ownership by Altitude Digitals

All intellectual property created or deployed by Altitude Digitals — including automation workflows, email and SMS sequences, funnel designs, system architecture, AI prompt frameworks, templates, and methodologies — remains the sole and exclusive property of Altitude Digitals at all times, including after termination.

11.2 Licence to Client

During the active subscription, Altitude Digitals grants the Client a limited, non-exclusive, non-transferable, revocable licence to use the Platform and Services for their own internal business purposes. This licence terminates immediately upon expiry or termination of the subscription.

11.3 Client Data Ownership

The Client retains ownership of all Client Data. Upon termination, the Client may request a data export within 30 days. After this period, Altitude Digitals is not obligated to retain or provide access to Client Data.

11.4 No Reverse Engineering

The Client may not copy, reverse engineer, decompile, or create derivative works based on any part of the Altitude Digitals system, workflows, or methodology.

11.5 Feedback

Any feedback or suggestions provided by the Client may be used by Altitude Digitals freely and without compensation.

Confidentiality

Each party agrees to keep confidential all non-public information received from the other in connection with this Agreement, and not to disclose it to any third party without prior written consent, except: (a) where required by law or regulatory authority; (b) to employees or contractors who need the information to perform obligations under this Agreement and are bound by equivalent confidentiality obligations; or (c) where the information was already publicly known through no fault of the receiving party. This obligation survives termination for 3 years.

Data & Privacy

The collection, use, and processing of personal information by Altitude Digitals is governed by our Privacy Policy, incorporated into this Agreement by reference.

The Client warrants that all personal information entered into the Platform has been collected lawfully and with appropriate consent, and that its use within the Platform complies with POPIA. The Client indemnifies Altitude Digitals against any claim arising from the Client's failure to comply with data protection law in respect of their leads and contacts.

Third-Party Platforms & Service Dependencies

The Services depend on third-party platforms including GoHighLevel, Meta, WhatsApp Business API, Twilio, Make.com, and OpenAI. The Client acknowledges that:

• Altitude Digitals has no control over the availability, pricing, or terms of these platforms.
• Changes to third-party platform terms or features may affect the Services. Altitude Digitals will use reasonable efforts to adapt but is not liable for resulting disruptions.
• Downtime or outages on third-party platforms do not constitute a failure by Altitude Digitals and do not entitle the Client to a refund or service credit.
• The Client's use of any third-party platform is subject to that platform's own terms, and Altitude Digitals bears no responsibility for the Client's compliance.

Prohibited Use

The Client may not use the Platform or Services to:

• Send unsolicited bulk messages or communications that violate applicable anti-spam legislation.
• Harass, threaten, or defame any person.
• Engage in fraudulent, deceptive, or misleading marketing practices.
• Violate any applicable law including the Consumer Protection Act, POPIA, or the ECT Act.
• Distribute malware, viruses, or any harmful code.
• Resell, sublicense, or commercialise the Platform or Services without express written consent.
• Use the Services for any business other than the Client's own registered estate agency or agent practice.

Breach of this section constitutes a material breach entitling Altitude Digitals to immediate termination without notice and without refund of any fees paid.

Suspension & Termination

16.1 Termination by Client

The Client may terminate a monthly subscription by providing 30 days' written notice per Section 7.2. Annual subscriptions may not be terminated mid-term except as provided in Section 8.2.

16.2 Termination by Altitude Digitals for Cause

Altitude Digitals may terminate immediately, without notice or refund, upon: (a) non-payment of any fee within 14 days of its due date; (b) material breach not remedied within 7 Business Days of written notice; (c) any prohibited use per Section 15; (d) the Client's insolvency or business rescue; or (e) conduct likely to damage Altitude Digitals' reputation.

16.3 Suspension

Altitude Digitals may suspend access to the Platform at any time where payment is overdue, there is a suspected security incident, or the Client is in breach. Suspension does not relieve the Client of payment obligations.

16.4 Termination for Convenience by Altitude Digitals

Altitude Digitals may terminate without cause by providing 30 days' written notice. In such event, a pro-rated refund of the current month's Subscription Fee for the unused period will be issued. No further compensation is payable.

Effect of Termination

Upon termination for any reason:

• The Client's licence to use the Platform and Services ceases immediately.
• Access to the Client's GHL subaccount will be revoked.
• All outstanding fees (including remaining Setup Fee instalments and accrued interest) become immediately due and payable.
• The Client may request a Client Data export within 30 days. After this period, Altitude Digitals is entitled to delete all Client Data without further notice.
• Provisions that by their nature survive termination — including Sections 11, 12, 19, 20, and 21 — continue in full force.

Warranties & Disclaimers

18.1 Our Warranty

Altitude Digitals warrants that it will provide the Services with reasonable skill and care, and that it has the right to grant the licences provided under this Agreement.

18.2 No Results Warranty

Altitude Digitals makes no warranty that the Services will result in any particular number of leads, viewings booked, deals closed, or revenue generated. Results depend on variables outside our control including market conditions, agent responsiveness, and property inventory.

18.3 Platform Availability

Altitude Digitals does not warrant that the Platform will be available 100% of the time, error-free, or free from interruptions. Access depends on third-party infrastructure outside our direct control.

18.4 AI-Generated Content

AI-generated content is provided as a starting point only. The Client is solely responsible for reviewing and approving all content before use. No warranty is made regarding its accuracy, legal compliance, or fitness for purpose.

18.5 Exclusion of Implied Warranties

To the maximum extent permitted by applicable law, all implied warranties not expressly stated in this Agreement are excluded.

Limitation of Liability

To the fullest extent permitted by South African law:

• Altitude Digitals' total aggregate liability shall not exceed the total Subscription Fees paid by the Client in the 3 months preceding the event giving rise to the claim.
• Altitude Digitals shall not be liable for any indirect, consequential, special, incidental, or punitive damages — including loss of revenue, profits, business, data, or opportunity — even if advised of the possibility of such damages.
• Altitude Digitals shall not be liable for loss or damage arising from third-party platform outages, changes to third-party terms, or Force Majeure Events.
• Altitude Digitals shall not be liable for the Client's failure to use the Platform effectively or follow recommendations provided.

Indemnification

The Client agrees to indemnify, defend, and hold harmless Altitude Digitals, its director(s), employees, contractors, and agents from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's breach of any provision of this Agreement;
• The Client's violation of any applicable law or regulation;
• The Client's use of the Platform in a manner not authorised by this Agreement;
• Any claim by a third party (including the Client's leads or contacts) arising from the Client's marketing activities or data handling practices;
• Any inaccurate or misleading information provided by the Client.

Dispute Resolution

21.1 Good Faith Negotiation

In the event of any dispute, the parties agree to first attempt resolution through good faith negotiation. The aggrieved party must submit written notice of the dispute; the other party must respond within 10 Business Days.

21.2 Mediation

If not resolved within 20 Business Days, either party may refer the matter to mediation through the Arbitration Foundation of Southern Africa (AFSA). Mediation costs are shared equally unless otherwise agreed.

21.3 Arbitration

If mediation fails or is declined, the dispute shall be finally resolved by binding arbitration under AFSA rules, seated in Johannesburg, South Africa, conducted in English. The arbitrator's award is final and binding.

21.4 Urgent Relief

Nothing in this section prevents either party from seeking urgent interim relief from a competent South African court to protect its rights pending dispute resolution.

21.5 Governing Law

This Agreement is governed by the laws of the Republic of South Africa. Both parties submit to the non-exclusive jurisdiction of South African courts for urgent relief and enforcement of arbitral awards.

Force Majeure

Altitude Digitals shall not be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including: load shedding or power outages; internet or telecommunications disruptions; third-party platform outages (including GoHighLevel, Meta, Twilio, or WhatsApp); acts of God; civil unrest; regulatory changes; pandemic or public health emergency; or cyberattacks affecting third-party infrastructure.

Altitude Digitals will notify the Client promptly and resume performance as soon as the event is resolved. Where a Force Majeure Event continues for more than 60 consecutive days, either party may terminate by written notice without penalty, and Altitude Digitals will refund a pro-rated portion of any prepaid Subscription Fees for the unused period.

Amendments

Altitude Digitals reserves the right to amend these Terms at any time. Material amendments will be communicated to active Clients at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the revised terms. No amendment proposed by the Client is binding unless confirmed in writing by an authorised representative of Altitude Digitals.

General Provisions

24.1 Entire Agreement

This Agreement, together with the applicable Service Proposal and Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements.

24.2 Severability

If any provision is found invalid or unenforceable, it shall be severed to the minimum extent necessary and the remaining provisions continue in full force.

24.3 No Waiver

Altitude Digitals' failure to enforce any provision at any time does not constitute a waiver of its right to enforce that or any other provision in the future.

24.4 No Assignment

The Client may not assign or transfer any rights or obligations under this Agreement without Altitude Digitals' prior written consent. Altitude Digitals may assign its rights to a successor entity in a business restructure or acquisition.

24.5 Notices

All formal notices must be in writing and delivered via email to the addresses in Section 25. Notice is deemed received on the next Business Day after sending, provided no delivery failure is received.

24.6 Relationship of Parties

The parties are independent contractors. Nothing in this Agreement creates any partnership, employment, agency, or franchise relationship.

24.7 Language

This Agreement is concluded in English. In the event of any conflict between an English version and a translated version, English prevails.

Contact Information

For any queries relating to these Terms and Conditions, or to submit formal notice, please contact:

These Terms and Conditions were last reviewed and updated on 29 March 2026. Altitude Digitals recommends that all Clients retain a copy for their records.