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Terms of Service

Last updated: 20 April 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.

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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

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.

8. 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.

9. 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.

10. 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.

11. 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). 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) that maintain adequate data protection standards. All primary database storage remains within South Africa.

12. 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.

13. Contact

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

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