These Terms of Service (“Terms”) govern your access to and use of the CommHub website (commhub.co.za) and the CommHub software-as-a-service platform (“Platform”) provided by CommHub (Pty) Ltd (“CommHub”, “we”, “us”, “our”). By accessing the website or signing up to the Platform, you agree to be bound by these Terms. If you do not agree, do not use the website or Platform.
CommHub (Pty) Ltd
Registration number: 2026/318433/07
Registered address: Dreyer Street, Claremont, Cape Town, 7708, South Africa
Email: hello@commhub.co.za
You may only use the Platform if you:
The Platform is intended for South African insurance brokerages and authorised financial services providers.
When you register an Account you agree to:
5.1 Subscription Fees are set out on our pricing page and are payable in South African Rand (ZAR). All fees are exclusive of VAT, which will be added where applicable.
5.2 Subscriptions are on a month-to-month basis unless otherwise agreed in writing.
5.3 We will invoice you in line with your selected billing cycle. Invoices are payable within 7 (seven) days of the invoice date unless otherwise agreed in writing.
5.4 Overdue amounts bear interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975.
5.5 We may change the Subscription Fees on 30 (thirty) days' written notice. The new fees apply from the next billing cycle.
5.6 Fees already paid are non-refundable except where required by law or as expressly stated in these Terms.
6.1 We will use reasonable commercial efforts to make the Platform available continuously, but we do not warrant uninterrupted or error-free operation.
6.2 We may carry out scheduled maintenance, which we will, where reasonably possible, communicate in advance.
6.3 We may add, modify, or retire features within the Platform at our discretion. We will not materially reduce the core functionality available to you during your subscription term without prior written notice.
7.1 You retain ownership of all Customer Data uploaded to the Platform.
7.2 You grant CommHub a limited, non-exclusive, royalty-free licence to use Customer Data solely for the purpose of providing the Platform to you and for generating aggregated, anonymised analytics that do not identify you or any individual.
7.3 You warrant that you have the right to upload the Customer Data and that doing so does not breach any agreement, applicable law, or third-party right.
7.4 You are responsible for maintaining backups of Customer Data outside the Platform where retention beyond your subscription is required.
You agree not to:
9.1 All intellectual property rights in and to the Platform, including the website, software, design, content, and trademarks, vest in and remain the property of CommHub.
9.2 We grant you a non-exclusive, non-transferable licence to access and use the Platform during your subscription term for your internal business purposes.
9.3 You may not copy, modify, distribute, sell, lease, or create derivative works of the Platform.
Your use of the Platform is also governed by our Privacy Policy and POPIA Notice. Where we process personal information on behalf of a Customer, we do so as an operator under the Protection of Personal Information Act 4 of 2013.
11.1 Both parties undertake to keep confidential all non-public information disclosed by the other party in connection with the Platform.
11.2 Confidential information may only be used for the purpose of performing obligations or exercising rights under these Terms.
11.3 The confidentiality obligation continues for 3 (three) years after termination, except that trade secrets and personal information remain protected for as long as they retain that status under law.
12.1 Each party warrants that it has full authority to enter into these Terms.
12.2 Save as expressly stated, the Platform is provided “as is” with no warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
12.3 Neither party is liable for any indirect, consequential, special, or punitive damages, or for loss of profit, revenue, business, goodwill, or anticipated savings, whether in contract, delict, or otherwise.
12.4 Our total aggregate liability under these Terms is limited to the Subscription Fees paid by you in the 6 (six) months preceding the event giving rise to the claim.
12.5 Nothing in these Terms excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded by law.
13.1 You may terminate your subscription at any time by giving us 30 (thirty) days' written notice.
13.2 We may terminate your subscription with immediate effect by written notice if you:
13.3 On termination, you will pay all undisputed amounts then due. We will, on written request and subject to payment of outstanding fees, provide you with a reasonable export of your Customer Data in a commonly used machine-readable format.
13.4 Clauses on Customer Data, intellectual property, confidentiality, warranties and liability, and dispute resolution survive termination.
Neither party is liable for any failure or delay in performance caused by events outside its reasonable control, including natural disasters, war, terrorism, government action, or failure of public utilities or telecommunications networks.
15.1 If a dispute arises, the parties will first attempt to resolve it through good-faith discussions within 15 (fifteen) business days of written notice of the dispute.
15.2 If unresolved, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). If mediation fails within 30 (thirty) days, the dispute will be finally resolved by arbitration under the AFSA rules in Cape Town, before a single arbitrator, in English.
15.3 Nothing prevents either party from seeking urgent interim relief from a competent court.
16.1 Governing law. These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the Western Cape Division of the High Court, Cape Town.
16.2 Whole agreement. These Terms, together with the Privacy Policy and POPIA Notice, constitute the whole agreement between us on the matters they address.
16.3 Variation. We may amend these Terms from time to time. We will notify you of material changes. Continued use of the Platform after notification constitutes acceptance.
16.4 No waiver. No indulgence or failure to enforce any right constitutes a waiver of that right.
16.5 Assignment. You may not cede or assign your rights or obligations without our prior written consent. We may assign our rights and obligations to a successor entity.
16.6 Severability. If any clause is held invalid or unenforceable, it will be severed without affecting the validity of the remainder.
16.7 Notices. Notices must be in writing. Email to hello@commhub.co.za is valid notice.
16.8 Electronic signature. These Terms may be accepted electronically and constitute a valid agreement under the Electronic Communications and Transactions Act 25 of 2002.
CommHub (Pty) Ltd
Email: hello@commhub.co.za
Address: Dreyer Street, Claremont, Cape Town, 7708, South Africa