← Back to RubyFICA

Terms of Service

Last updated: 21 June 2026

1. Introduction

These Terms of Service (“Terms”) govern your use of RubyFICA, a digital FICA compliance assistance platform operated by Rubynet (Pty) Ltd (Registration Number: 2026/345895/07) (“Rubynet”, “we”, “us”). By creating an account or using the Service, you agree to be bound by these Terms.

Rubynet (Pty) Ltd
Registration number: 2026/345895/07
Registered office and postal address: 4 Flack Place, Durban North, KwaZulu-Natal, 4051, South Africa

2. Service Description

RubyFICA is a compliance assistance tool that helps property practitioners collect, verify, and manage client information required under the Financial Intelligence Centre Act 38 of 2001 (the “FIC Act”). The Service includes digital form collection, document uploads, automated screening checks, risk assessment reports, and record keeping.

The Service performs soft prescreening (name-versus-list screening and ID-number format checks), document collection, and record keeping. It does not perform verified government-database identity checks and does not replace the Accountable Institution's own FICA compliance and Risk Management and Compliance Programme (RMCP).

3. Your FICA Responsibilities

RubyFICA assists you with certain customer due diligence activities — collecting and screening client information and keeping records — that an accountable institution may obtain assistance with. RubyFICA does not, and cannot, discharge your obligations under the FIC Act on your behalf. In particular, RubyFICA does not perform your client risk-rating, does not provide the senior-management approvals required under sections 21F to 21H of the FIC Act, and does not make reports to the Financial Intelligence Centre — these remain your responsibility. You must independently review, verify and approve every screening result before relying on it, and you must ensure that your own Risk Management and Compliance Programme (RMCP) accurately describes how you use RubyFICA. You remain solely responsible for your compliance with the FIC Act.

4. Eligibility

The Service is intended for use by registered property practitioners, estate agents, and their authorised employees operating within the Republic of South Africa. By using the Service, you represent that you are authorised to act on behalf of your organisation.

5. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access. You must not share login credentials between individuals — each user must have their own account.

6. Acceptable Use

You agree not to: (a) submit fraudulent or falsified information; (b) use the Service for any unlawful purpose; (c) attempt to gain unauthorised access to any part of the Service; (d) interfere with or disrupt the Service; (e) use the Service to process information for purposes other than FICA compliance.

7. Intellectual Property

The Service, including all software, designs, text, and trademarks, is the property of Rubynet (Pty) Ltd and is protected by South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

8. Limitation of Liability

RubyFICA is a compliance assistance tool. It does not guarantee FICA compliance. The Accountable Institution (the property practitioner or their firm) remains solely responsible for meeting all obligations under the FIC Act, including but not limited to customer due diligence, record keeping, suspicious transaction reporting, and terrorist property reporting.

Screening results are based on automated database searches and are provided on an informational basis only. They may contain false positives or miss certain matches. The property practitioner must independently verify all flagged items and exercise professional judgment.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability that cannot lawfully be excluded or limited — including your rights under the Consumer Protection Act 68 of 2008 (where it applies to you) and any claim under section 99 of POPIA.

Subject to the above, and to the maximum extent permitted by law, Rubynet shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to fines, penalties, or losses arising from FICA non-compliance, reliance on screening results, or any failure of the Service.

9. Service Availability

We provide the Service on a best-effort basis. We do not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or modifications at any time. We will endeavour to provide notice of planned downtime where practicable.

10. Fees and Payment

Certain features of the Service require payment. Fees are as published on our website and may be updated from time to time with 30 days' notice. Payments are processed through PayFast. All fees are quoted in South African Rands (ZAR) and are inclusive of VAT where applicable.

11. Termination

Either party may terminate the Service with 30 days' written notice. We may suspend or terminate your account immediately if you breach these Terms. Upon termination, FICA records will be retained for the minimum period required by law (5 years from completion of the business relationship) and will not be deleted prematurely.

12. Data Processing

Rubynet processes personal information as an Operator (data processor) under the Protection of Personal Information Act 4 of 2013 (POPIA) on behalf of the Responsible Party (your organisation), only on your documented instructions and in accordance with section 21 of POPIA. The operator relationship is described more fully in our POPIA Statement, and our processing is governed by our Privacy Policy.

Data may be processed using international infrastructure providers (including Cloudflare for security and SMTP2GO for email delivery) in accordance with section 72 of POPIA. All primary database storage remains within South Africa.

13. Data Ownership and Export

As between you and us, you own the data you enter into RubyFICA. We process it to provide the service and as set out in our Privacy Policy. On termination you may export your data in a commonly used format on reasonable request, subject to the FIC Act record-retention obligations described above; we may retain data where the law requires us to.

14. Force Majeure

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including failures of telecommunications or internet providers, hosting or payment-processor outages, load-shedding or power failures, natural disasters, or government action. We will take reasonable steps to resume normal service as soon as practicable.

15. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Durban, KwaZulu-Natal.

16. Supplier Information (Electronic Communications and Transactions Act 25 of 2002, section 43)

Full name and legal status: Rubynet (Pty) Ltd, a private company incorporated in the Republic of South Africa.

Registration number: 2026/345895/07. Director: Reinhardt Roberts.

Physical address: 4 Flack Place, Durban North, KwaZulu-Natal, 4051, South Africa.

Telephone: +27 87 802 6041.

Email: [email protected]. Website: https://rubyfica.co.za.

VAT registration: Rubynet (Pty) Ltd is not currently a registered VAT vendor.

Membership of self-regulatory or accreditation bodies: none.

Goods/services: RubyFICA is a software-as-a-service platform that assists South African property practitioners with FICA customer due diligence, screening and record-keeping. It is an assistance tool only; the accountable institution remains solely responsible for its own obligations under the FIC Act.

Price: Subscription fees are shown in South African Rand on our pricing page and in the application before you subscribe, and include VAT where applicable.

Payment: Payment is collected through PayFast, a licensed South African payment processor, in its secure (PCI-DSS compliant) environment. We do not store your full card details.

Cancellation and refunds: You may cancel at any time and retain access until the end of the period already paid for. Fees already paid are not refundable except where a refund is required by law, including any rights under the Consumer Protection Act 68 of 2008 and this Act. Records created for FICA purposes must be retained for the period required by the FIC Act (generally five years) and cannot be deleted on request before then.

Governing law and complaints: These Terms are governed by South African law. Questions or complaints may be directed to us at [email protected]; you may also lodge a complaint with the Information Regulator (details on our POPIA and PAIA pages).

17. Contact

For questions about these Terms, contact us at [email protected].

© 2026 Rubynet (Pty) Ltd. All rights reserved.