EquityFlowSA Terms and Conditions

Version 1.0. Effective 11 August 2026.

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1. Who you are contracting with

EquityFlowSA is operated by Marijke Vermaat, a sole proprietor trading as EquityFlowSA.

In these terms, "we", "us" and "our" mean EquityFlowSA. "You" and "your" mean the person or organisation that opens an account. "The service" means the EquityFlowSA software, the website and anything we provide through them.

These details are given in compliance with section 43 of the Electronic Communications and Transactions Act 25 of 2002.

2. These terms, and the terms inside the application

Two documents govern your use of EquityFlowSA and both apply:

1. These Terms and Conditions, which cover the commercial relationship: your account, what you pay, what we owe you, and what happens when either of us ends the arrangement.
2. The Terms of Use inside the application, which cover what the software does and does not do. You are asked to accept them the first time you sign in, and again whenever they change materially. Your acceptance, the version you accepted and the date are recorded in your account.

The Cancellation Policy, the Refund Policy and the Delivery Policy also form part of this agreement. Where these Terms and Conditions and the in-application Terms of Use both address the same subject, they are intended to say the same thing. If they ever conflict, the in-application Terms of Use prevail on what the software does, and these Terms and Conditions prevail on payment, cancellation, refunds and liability.

By opening an account or paying a subscription, you agree to all of these.

3. What EquityFlowSA is

EquityFlowSA is software for South African Employment Equity reporting and planning. It performs the calculations the Employment Equity Act 55 of 1998 and its regulations require, applies the gazetted sectoral numerical targets and the Economically Active Population figures, tracks statutory dates, and drafts the EEA2, EEA4, EEA12, EEA13 and EEA15 from the information you enter.

4. What EquityFlowSA is not

Read this clause carefully. It describes the limits of what you are buying.

• It is not legal advice, and it is not a compliance service. It is a working tool.
• It does not verify what you enter. Every output is produced from the data captured in the system and is only as accurate as that data.
• It does not confirm that you are compliant. Readiness indicators show whether information has been captured, not whether it is correct or sufficient.
• It does not submit to the Department of Employment and Labour on your behalf. The Department's portal accepts no uploads. You still key the figures in yourself.
• It does not guarantee any outcome. Using it does not guarantee that a report will be accepted, that a compliance certificate will be issued, or that an inspection will be passed.
• It does not replace your judgement. Choosing a justifiable ground, defending a plan to a committee and handling an inspector remain yours.

Legislation, regulations, sectoral targets and codes of good practice change. Calculations and guidance in the service may not reflect the most recent position. Confirm current requirements against the Government Gazette or the Department before relying on them. The Regulatory Watch section of the application records which instruments the service has been built against.

You are responsible for the accuracy and completeness of everything you enter, and for checking every calculation and every document the service produces before you use, issue or submit it.

5. Your account

You must be 18 or older and legally able to contract. One person may hold one account. Give us accurate details and keep your email address current, because that address is how we deliver access, invoices and notices.

Keep your sign-in credentials confidential. You are responsible for everything done through your account. Tell us immediately at hello@equityflowsa.com if you believe your account has been accessed without your permission.

Accounts are for a named user. You may not share one set of credentials across a team or resell access. If you need more than one person to work in the service, contact us.

6. Using the service for your clients

This is a working tool. Using it to analyse a client's data and prepare their forms is no different in principle to using a spreadsheet: the tool is yours, and your client need never see it. Your engagement with your client, what you are appointed to do, what you deliver and what you advise, is a matter between you and them and is not affected by these terms. You remain responsible for your own work product, as you would be using any other method.

You confirm that you have the right to process the workforce information you enter, and that you have any mandate your client's own obligations require.

7. The free demo walkthrough

A free account is free for as long as you keep it. There is no trial period, no countdown and no payment card required at any point.

A free account opens with a demonstration client already populated, DEMO MERIDIAN RETAIL GROUP, a fictional employer created for the purpose. A free account cannot create client files of its own. That is the boundary: everything else in the service is open on the demonstration client, so you can work through every step on a complete set of figures, come back to it whenever you like, and use it to show or train somebody else.

Documents produced from a free account carry a watermark reading TRIAL - DEMO DATA - NOT FOR SUBMISSION, because the figures are fictional and must never reach the Department.

You subscribe when you want a client file of your own. Nothing you have done in the demonstration client is lost when you do. We may withdraw a free account if it is being misused.

8. Plans, prices and what a client file is

A client file is one employer whose workforce, plan, targets and forms are held in the service. One employer completing its own reporting needs one client file.

• All prices are in South African Rand and are the final price. We are not registered for VAT, so no VAT is charged and no VAT invoice is issued.
• Annual billing is ten months' money for twelve. The annual price is charged once, in advance, for a twelve-month term.
• On the Consultancy plan, additional client files above fifteen are charged at R95 per file per month and are billed with your next payment.
• Every plan includes every feature. There is no tier that produces a partial report.

Larger employers may instead licence EquityFlowSA for the 2025 to 2030 Employment Equity cycle on separately agreed written terms. Where a cycle licence is agreed in writing, those terms govern that licence and, to the extent of any conflict, override this clause.

9. Payment

Payments are processed by Payfast, a South African payment gateway. We do not see, receive or store your card number or banking credentials. Payfast's own terms and privacy notice apply to the payment itself.

• Monthly plans renew automatically on the same day each month until you cancel.
• Annual plans are charged in advance for twelve months and renew automatically at the end of the term unless you cancel.
• Before you pay, the checkout shows the plan, the price and the billing period, and lets you go back and correct your order before you confirm it.
• You authorise us, through Payfast, to charge the subscription you selected on each renewal date until you cancel.

Annual renewal notice. Where the Consumer Protection Act 68 of 2008 applies to you, we will notify you in writing of the coming renewal of an annual subscription not more than 80 and not less than 40 business days before the term ends, and tell you of any change to the price.

10. Failed payments

If a payment fails, access to the service ends immediately and your data enters the 30-day retention period described in the Cancellation Policy. Paying within those 30 days restores everything exactly as you left it. We will email you when a payment fails, but delivery of that email is not a condition of the clause: keep your card details current.

11. Price changes

We may change prices. For monthly plans we will give you at least 30 days' written notice before a new price applies, and the change takes effect on your next billing date after that notice. For annual plans the price is fixed for the term you have paid for, and any change applies only from the next term. If you do not accept a new price, cancel before it takes effect.

12. Cancellation, refunds and delivery

The Cancellation Policy, the Refund Policy and the Delivery Policy are separate documents on this website and form part of this agreement. In summary, and without replacing what those documents say:

• You may cancel at any time. Access ends immediately. Your data is kept for 30 days and then permanently deleted.
• Subscription fees are not refundable, except where the law requires a refund, including the seven-day cooling-off right for first-time subscribers.
• Delivery is electronic and immediate on successful payment.

13. Your data, and when we can see it

No employee names and no identity numbers are held anywhere in this system. The service holds headcounts by occupational level, race and gender, and remuneration figures without names, which is all the EEA forms require. Race and disability are special personal information under section 26 of the Protection of Personal Information Act 4 of 2013, and the safest place for personal information is somewhere it was never stored.

Each account can see only its own client files. This is enforced by the database, not by the application, so no subscriber can reach another subscriber's data.

One exception exists. The operator of this service holds an administrator role that can open a client file in order to answer a support question or investigate a fault. Every time that happens it is recorded in the audit trail, with the account, the file and the time. That record is written by the software itself, not kept by hand.

We process the personal information you give us for your own account, your name, email address and billing record, to provide the service, take payment and contact you about it. We keep it for as long as your account is active and for the periods described in the Cancellation Policy after it ends, subject to any longer period the law requires us to keep financial records. We do not sell it and we do not share it except with the service providers that run the platform and the payment gateway.

You have the rights POPIA gives you, including the right to ask what we hold about you, to have it corrected or deleted, and to complain to the Information Regulator. Write to hello@equityflowsa.com.

14. Availability and support

We aim to keep the service available at all times but do not guarantee uninterrupted access. The service may be unavailable for maintenance, for third-party platform failures, or for reasons outside our control. We give no uptime guarantee and no service credits.

Support is by email to hello@equityflowsa.com during South African business hours. We aim to respond within one business day. Support covers using the service. It does not extend to advising you on your clients' Employment Equity matters.

15. Acceptable use

You may not:

• use the service unlawfully, or to process information you have no right to process;
• share, resell, sub-licence or rent your access;
• attempt to access another subscriber's data, or to defeat the access controls;
• copy, decompile, reverse engineer or scrape the service, or extract its calculation logic, sectoral target tables or EAP data to build a competing product;
• overload, disrupt or probe the infrastructure; or
• upload malicious code, or content that is unlawful.

We may suspend or close an account that breaches this clause. Where the breach is not serious and can be put right, we will tell you first and give you a reasonable chance to fix it.

16. Intellectual property

The service, its software, its design, its calculation logic, its wording and its compiled data tables belong to us. Your subscription buys a personal, non-exclusive, non-transferable right to use the service while you are paid up. Nothing more is transferred.

The information you enter, and the documents you produce, are yours. We claim no ownership of your data or your clients' data, and no ownership of the completed forms and plans you generate. We may use anonymous, aggregated usage statistics to improve the service.

17. Changes to the service and to these terms

We may change, add to or withdraw features. Where a change materially reduces what the service does, we will give you reasonable notice.

We may change these terms. We will publish the new version on this website with a new version number and effective date, and we will email you at least 30 days before a material change takes effect. If you do not accept it, cancel before it takes effect. Continuing to use the service after the effective date means you accept it.

18. Limitation of liability

Read this clause. It limits what you can recover from us.

The service is provided as it is. To the fullest extent the law allows, we exclude all implied warranties, including any warranty that the service is fit for a particular purpose or that its outputs are correct, complete or sufficient for any submission.

We are not liable for:

• an administrative fine, penalty, adverse finding, refused compliance certificate, lost tender or other consequence arising from a report, plan or figure produced by the service;
• any loss arising from information you entered incorrectly or incompletely;
• any loss arising because you relied on an output without checking it;
• indirect, consequential or special loss, loss of profit, loss of business, loss of contracts or reputational harm; or
• loss of data, beyond restoring it from the most recent backup available to us.

Where we are liable, our total liability for all claims in any twelve-month period is limited to the amount you actually paid us in the twelve months before the claim arose.

Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited, including liability for gross negligence, for fraud, or for death or personal injury caused by our negligence. Nothing in this agreement waives any right you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or the Protection of Personal Information Act 4 of 2013.

19. Indemnity

You indemnify us against any claim brought by your client or a third party arising from your use of the service, from the accuracy of the information you entered, from your professional advice, or from your breach of these terms. This does not apply to a claim caused by our own gross negligence or fraud.

20. Suspension and termination by us

We may suspend or close your account if a payment fails, if you breach these terms, or if we are required to by law. If we close your account for a reason that is not your fault, and you have paid in advance for a period you will not receive, we will refund the unused portion.

We may withdraw the service entirely. If we do, we will give you at least 60 days' notice, refund the unused portion of anything you have paid in advance, and give you the full notice period to export your data.

21. Complaints and disputes

Write to hello@equityflowsa.com first. We will acknowledge within two business days and try to resolve the matter within fifteen business days.

If that fails, either of us may refer the dispute to mediation by a mediator agreed between us or, failing agreement, appointed by the Arbitration Foundation of Southern Africa. Nothing in this clause prevents you from approaching the National Consumer Commission, the Information Regulator, a small claims court or any other forum the law gives you.

22. General

• Governing law. South African law governs this agreement.
• Jurisdiction. You consent to the jurisdiction of the Magistrates' Court, without limiting our right to bring proceedings in a High Court with jurisdiction.
• Notices. We send notices to the email address on your account. You send notices to hello@equityflowsa.com. Notices are deemed received on the next business day after sending.
• Cession. You may not cede or transfer this agreement without our written consent. We may cede it as part of a transfer of the business, on notice to you.
• Severability. If a court finds any part of this agreement unenforceable, the rest continues to apply.
• Whole agreement. These terms, the in-application Terms of Use, and the Cancellation, Refund and Delivery Policies are the whole agreement between us. No indulgence we grant is a waiver of any right.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control.

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EquityFlowSA. Marijke Vermaat, sole proprietor. 12 Weltevreden Street, Swellendam, Western Cape, 6740 · hello@equityflowsa.com · 072 503 8516 · https://equityflowsa.com