Terms and Conditions | Red Hot Zone

Terms and Conditions of Service

Red Hot Zone (Pty) Ltd

Growth Systems Consulting, Software, and Marketing Services

Last updated: June 2026

1. Definitions and Interpretation

In these Terms and Conditions:

  • "Red Hot Zone", "Company", "we", "us", "our" means Red Hot Zone (Pty) Ltd, registration number 2022/659036/07;
  • "Client", "you", "your" means the person, business, or entity engaging our services or accessing our website;
  • "Services" means all services provided by Red Hot Zone, including Growth Systems consulting, marketing services, operational systems design and implementation, software product provision and support, and any related services;
  • "Software Products" means third-party software platforms, tools, and applications that Red Hot Zone resells, configures, supports, or provides access to as part of a service engagement, as well as proprietary software developed by Red Hot Zone. The specific platforms in our offering evolve over time;
  • "Proprietary Software" means software developed and owned by Red Hot Zone;
  • "AI Tools" means artificial intelligence platforms and services used by Red Hot Zone to assist in delivering services, including content, design, automation, and analytical tasks;
  • "Deliverables" means outputs, content, designs, strategies, reports, configurations, or other materials produced by Red Hot Zone for the Client;
  • "Website" means the Red Hot Zone website at www.redhotzone.co.za and all related pages;
  • "Service Agreement" means a Statement of Work, Proposal, Retainer Agreement, or Order Form that defines the specific scope, fees, and terms of an engagement;
  • "POPIA" means the Protection of Personal Information Act 4 of 2013;
  • "ECTA" means the Electronic Communications and Transactions Act 25 of 2002;
  • "CPA" means the Consumer Protection Act 68 of 2008.

2. Acceptance of Terms

By engaging our services, accessing our website, or signing a Service Agreement, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms apply to all service engagements unless expressly varied in a signed Service Agreement.

If you are contracting on behalf of a business or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms.

We reserve the right to update these Terms at any time. Material changes will be communicated in writing or by posting updated Terms on our website. Continued engagement of our services after notice of changes constitutes acceptance.

3. Services

Red Hot Zone provides integrated Growth Systems services across three interconnected pillars:

  • Sales Systems — pipeline management, lead qualification, conversion tracking, and follow-up workflow design
  • Marketing Systems — website development, digital advertising, CRM automation, lead nurturing, content creation, and campaign management
  • Operational Systems — workflow design, project management environments, process automation, reporting dashboards, and system integrations

Services may be delivered directly by Red Hot Zone staff or through our network of strategic partners and sub-contractors. We remain responsible for the quality and delivery of all services regardless of who delivers them.

The specific scope, deliverables, timelines, and fees for each engagement are set out in a Service Agreement, which forms part of this contract.

4. Software Products and Platforms

4.1 Third-party software: Red Hot Zone resells, configures, and supports third-party software platforms as part of client service packages. Our software offering evolves continuously as new tools and platforms are introduced to our portfolio. The specific platforms available at any time will be communicated to you during the engagement.

4.2 Licence and ownership: Where we provide or facilitate access to third-party software, the relevant software vendor's end-user licence agreement (EULA) and terms of service also apply. Red Hot Zone acts as a reseller or implementation partner and is not the software vendor. Your use of third-party platforms is subject to those platforms' own terms.

4.3 Proprietary software: Access to Red Hot Zone's proprietary software is provided as a subscription licence. No ownership of the software is transferred. You may not copy, reverse-engineer, sub-licence, or create derivative works from our proprietary software without prior written consent.

4.4 Software continuity: Red Hot Zone does not guarantee the continued availability of any specific third-party platform. If a platform is discontinued, replaced, or removed from our offering, we will take reasonable steps to provide an equivalent alternative and will notify you as soon as practicable.

4.5 Platform accounts: Where client accounts are created on third-party platforms as part of service delivery, the client acknowledges that their data is subject to the relevant platform's privacy and data retention policies.

5. Use of Artificial Intelligence

5.1 AI-assisted delivery: Red Hot Zone uses artificial intelligence tools in the delivery of services, including for content creation, copywriting, design, workflow automation, data analysis, strategic recommendations, and campaign development. AI may form part of the delivery process across any service category.

5.2 Disclosure: Where AI tools contribute materially to a deliverable, we will disclose this on request. The use of AI does not diminish our professional responsibility for the quality and accuracy of deliverables. All AI-assisted outputs are reviewed by our team.

5.3 Client responsibilities: Where clients provide materials, data, or instructions for AI-assisted tasks, they warrant that they hold the necessary rights to the input material and that its use does not infringe any third-party rights.

5.4 Limitations: AI-generated outputs may not be 100% accurate, complete, or free from error. Red Hot Zone accepts no liability for errors in AI-assisted deliverables that arise despite reasonable review, beyond our standard service warranty obligations.

5.5 Evolving tools: The AI tools used by Red Hot Zone may change over time as the technology landscape evolves. We do not commit to using any specific AI platform and reserve the right to adopt new or different tools as part of ongoing service improvement.

6. Third-Party Partners and Sub-Contractors

Red Hot Zone collaborates with a network of strategic partners including specialist developers, marketers, and process engineers to deliver services. By engaging our services, you acknowledge that sub-contractors or partners may contribute to delivery. Red Hot Zone remains the primary point of accountability for all services.

Partners and sub-contractors are bound by appropriate confidentiality and data protection obligations.

7. Accounts and Client Access

7.1 Account registration: Certain services require the creation of user accounts on our platforms or on third-party platforms. You must provide accurate and complete registration information and keep account details current.

7.2 Security: You are responsible for maintaining the confidentiality of your access credentials. Notify us immediately of any suspected unauthorised access.

7.3 Suspension: We reserve the right to suspend or disable access to accounts or platforms in the event of a material breach of these Terms, non-payment, or where continued access poses a security or legal risk.

8. Fees, Payment, and Billing

8.1 Fees: All fees are set out in the applicable Service Agreement or communicated at the point of engagement. All amounts are in South African Rand (ZAR) unless otherwise stated and are exclusive of VAT. VAT will be added where applicable.

8.2 Once-off payments: Payment is due upon invoice unless otherwise agreed in writing. Standard payment terms are 30 days from invoice date unless specified otherwise.

8.3 Recurring retainers: Recurring retainer engagements are billed monthly or as agreed in the Service Agreement. Retainer fees are due in advance at the start of each billing period.

8.4 Software subscriptions: Where software platforms are provided as part of a subscription, billing is as specified in the Service Agreement. Subscription fees may include a markup on third-party platform costs.

8.5 Payment methods: We accept payment by electronic funds transfer (EFT), and via PayFast or Paystack where online payment is offered. Payment is processed securely through our payment partners.

8.6 Failed or late payments: If a payment fails or is overdue, we will notify you and allow a reasonable grace period. Overdue amounts bear interest at the South African prime lending rate plus 2% per annum from the due date. We reserve the right to suspend services until outstanding amounts are settled.

8.7 Price adjustments: We reserve the right to adjust fees for recurring engagements with a minimum of 30 days' written notice. Continued engagement after the effective date constitutes acceptance of revised fees.

8.8 Refunds: Refund eligibility is determined by the nature of the service and the provisions of the applicable Service Agreement and the Consumer Protection Act. Fees paid for services already delivered are generally non-refundable. Where a refund is due, it will be processed within 30 days.

9. Cancellation and Termination

9.1 Cancellation by the client: You may cancel a recurring engagement by providing written notice in accordance with the notice period specified in your Service Agreement. Unless otherwise stated, notice periods are 30 days for monthly retainers and 90 days for annual engagements.

9.2 Early termination fees: Cancellation before the end of a committed term may attract an early termination fee as specified in the Service Agreement.

9.3 Termination by Red Hot Zone: We may suspend or terminate services immediately (without notice) for material breach including non-payment, misuse, or unlawful conduct. We may terminate without cause on 30 days' written notice.

9.4 Effect of termination: Upon termination, all licences granted under this Agreement cease. You remain liable for all fees due up to the date of termination. Where applicable, we will assist with a reasonable handover process for platforms or data, subject to settlement of outstanding amounts.

9.5 Data after termination: Following termination, your personal and business data held on Red Hot Zone-managed platforms will be retained in accordance with our Privacy Policy and then securely deleted or returned as agreed.

10. Intellectual Property

10.1 Red Hot Zone IP: All intellectual property in our methodologies, frameworks, Growth Systems processes, proprietary software, training materials, templates, and website content vests in Red Hot Zone. Nothing in this Agreement transfers ownership of our intellectual property to you.

10.2 Licence to client: We grant you a limited, non-exclusive, non-transferable licence to use our proprietary tools and platforms during the active term of your engagement, for your internal business purposes only.

10.3 Client materials: You retain ownership of all content, data, and materials you provide to us. You grant us a limited licence to use these materials solely for the purpose of delivering the agreed services.

10.4 Deliverables: Ownership of bespoke deliverables created specifically for your engagement (such as custom-built systems, designed assets, or written content) transfers to you upon receipt of full payment for the relevant engagement, unless otherwise agreed in writing.

10.5 AI-generated content: Where deliverables include AI-assisted content, ownership transfers to you as per clause 10.4. You are responsible for ensuring that AI-generated content complies with applicable laws before commercial use, including obtaining any necessary clearances.

10.6 Third-party platforms: No intellectual property rights in third-party software platforms are granted or implied by Red Hot Zone. Your use of such platforms is governed by the relevant vendor's licence terms.

10.7 Restrictions: You may not copy, modify, decompile, reverse-engineer, sub-licence, or create derivative works from our proprietary software or materials without prior written consent.

11. Confidentiality

Each party agrees to keep confidential all non-public, commercially sensitive information received from the other party in connection with the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.

Red Hot Zone may reference the existence of a client relationship (without disclosing confidential project details) for marketing, portfolio, and business development purposes, unless the client requests otherwise in writing.

12. Warranties and Disclaimers

12.1 Our warranties: We warrant that we will deliver services with reasonable skill, care, and professional diligence, and that deliverables will materially conform to agreed specifications as set out in the Service Agreement.

12.2 Website and content: Our website and its content are provided for informational purposes. To the maximum extent permitted by law, we make no warranty as to the accuracy, completeness, or currency of website content.

12.3 Third-party platforms: We make no warranty as to the performance, uptime, availability, or continued operation of third-party software platforms. Any warranties in respect of such platforms are those of the relevant vendor.

12.4 AI outputs: AI-assisted deliverables are provided in good faith but we do not warrant that AI-generated content is entirely accurate, error-free, or fit for any specific purpose. All AI outputs are reviewed by our team, but errors may remain despite reasonable review.

12.5 Consumer Protection Act: Nothing in these Terms limits or excludes any rights you have under the Consumer Protection Act 68 of 2008 or other mandatory consumer protection legislation.

13. Limitation of Liability

13.1 To the maximum extent permitted by applicable law, Red Hot Zone's total aggregate liability for any claim arising from or in connection with these Terms or the services will not exceed the total fees paid by you to us in the 3 months preceding the event giving rise to the claim.

13.2 We will not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business opportunity, or business interruption, even if we have been advised of the possibility of such loss.

13.3 We accept no liability for: (a) failure or unavailability of third-party software platforms; (b) errors in AI-generated outputs that are not reasonably identifiable through professional review; (c) actions or omissions of strategic partners or sub-contractors where reasonable care has been taken in their selection.

13.4 The limitations above do not apply to liability arising from our fraud, wilful misconduct, or gross negligence, or where exclusion is prohibited by the Consumer Protection Act or other mandatory law.

14. Indemnity

You agree to indemnify and hold harmless Red Hot Zone, its directors, employees, and partners from any claims, losses, damages, or expenses (including reasonable legal costs) arising from: (a) your breach of these Terms; (b) your use of our services or software platforms in violation of applicable law; (c) content, data, or instructions you provide to us that infringe third-party rights; or (d) your unlicensed or unauthorised use of AI-generated deliverables.

15. Data Protection

Both parties agree to comply with POPIA and all applicable data protection legislation in connection with personal information processed under this Agreement. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Where Red Hot Zone processes personal information on behalf of a client as a Responsible Party under POPIA, the parties may enter into a separate data processing agreement. Where clients use third-party platforms configured by Red Hot Zone, those platforms' data processing terms apply directly.

16. Electronic Communications

In accordance with ECTA, electronic communications (including email) are valid, binding, and legally enforceable. Contracts concluded electronically are legally recognised.

In terms of Section 43 of ECTA, the following information is disclosed:

17. Prohibited Use

You may not use our services, platforms, or website to:

  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of any third party
  • Transmit unsolicited bulk communications or spam
  • Introduce malware, viruses, or harmful code into any system
  • Attempt to gain unauthorised access to any system, platform, or data
  • Engage in fraudulent, deceptive, or misleading conduct
  • Use AI-generated deliverables in a manner that violates applicable law, misleads consumers, or infringes third-party rights

18. Force Majeure

Neither party will be liable for delays or failures in performance arising from circumstances beyond their reasonable control, including natural disasters, government actions, power or internet outages, platform outages by third-party providers, or other force majeure events. The affected party must notify the other promptly and take reasonable steps to mitigate the impact and resume performance.

19. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or relating to these Terms or the services will be referred first to good-faith negotiation between senior representatives of both parties. If unresolved within 30 days, the dispute will be submitted to mediation under AFSA (the Arbitration Foundation of Southern Africa) before litigation may be pursued.

The parties consent to the jurisdiction of the High Court of South Africa, Gauteng Local Division (Johannesburg), or the Magistrates' Court having jurisdiction.

20. General Provisions

  • Entire agreement: These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, and understandings relating to the subject matter.
  • Severability: If any provision is found unlawful or unenforceable, it will be severed and the remaining provisions will continue in full force.
  • Waiver: Failure by either party to enforce any right does not constitute a waiver of that right.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Red Hot Zone may assign its rights to a successor entity without your consent, subject to written notice.
  • Notices: Notices must be in writing and sent by email (with delivery confirmation) or registered post to the contact details specified in the Service Agreement or as updated by either party.
  • Relationship of parties: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

21. Contact Details

For any queries regarding these Terms and Conditions, please contact us: