Terms and Conditions

1. About these terms

By engaging ProHighLevel for any service, accepting a proposal, signing a scope of work, or paying an invoice issued by us, you ("Client", "you", "your") agree to these terms. By browsing this website, you accept the parts that relate to website use. If you do not accept these terms, you may not engage our services or use this website.

2. About ProHighLevel

ProHighLevel (Pty) Ltd ("ProHighLevel", "we", "us", "our") is a South African company specialising in CRM implementation, business process automation, AI integration, communications, and website delivery on the GoHighLevel platform and related infrastructure.

3. Our services

Our services include, without limitation:

• GoHighLevel CRM configuration, customisation, and ongoing operation.
• Automation workflows, including WhatsApp decision trees, email and SMS sequences, and lifecycle messaging.
• AI integration, including conversation agents, voice agents, content generation, and AI-driven qualification.
• Phone system configuration, custom dispositions, and call automation.
• Website, funnel, store, and booking platform design and deployment.
• Integration work between GoHighLevel and third-party tools through native connectors, APIs, and webhooks.
• Training, documentation, and ongoing support.

Specific deliverables, milestones, and acceptance criteria are set out in each proposal or scope of work.

4. Engagement and scope

4.1 Proposals

Proposals are valid for the period stated on the document or, where no period is stated, for 30 days from issue. We may withdraw or amend a proposal at any time before written acceptance.

4.2 Scope of work

Each engagement begins with a written scope of work that records the deliverables, timeline, fees, assumptions, and dependencies. The scope of work is the authoritative description of what we will deliver.

4.3 Changes

Either party may request a change to the scope. Changes that materially affect deliverables, timeline, or fees are documented as a change request and only take effect once both parties sign it.

5. Fees and payment

5.1 Pricing

Fees are set out in each proposal or scope of work and are quoted in South African Rand (ZAR), exclusive of Value Added Tax (VAT) where applicable, unless explicitly stated otherwise.

5.2 Invoicing

Unless agreed otherwise, project work is invoiced in stages: a deposit is payable on acceptance, with the balance invoiced at agreed milestones or on completion. Retainer and managed service fees are invoiced monthly in advance.

5.3 Payment terms

Invoices are payable within seven (7) days of invoice date, by electronic funds transfer to the bank account on the invoice. Overdue amounts may attract interest at the prime lending rate plus 2 percent per annum, calculated from the due date until paid in full.

5.4 Third-party costs

Subscription costs for third-party platforms (including GoHighLevel licenses, telephony usage, AI usage, hosting, domains, SMS, and similar) are billed by the relevant provider directly to the Client unless explicitly included in our quoted fees. The Client is responsible for keeping those subscriptions active.

5.5 Suspension

If an invoice is more than 14 days overdue, we may suspend work and access to systems we are operating on the Client's behalf until the account is settled. Suspension does not relieve the Client of payment obligations.

6. Client responsibilities

To deliver effectively we need the Client to:

• Provide timely access to the information, accounts, and systems we need to do the work.
• Nominate a single point of contact with the authority to approve scope, designs, and content.
• Respond to requests for input, review, and approval within reasonable timeframes.
• Maintain active subscriptions for third-party platforms required by the engagement.
• Ensure that any content or data provided to us is accurate, lawful, and that the Client has the right to share it.
• Comply with all applicable laws and regulations, including data protection laws, in the use of the systems we deliver.

Where Client delays prevent us from meeting agreed timelines, we may extend the timeline accordingly and recover reasonable costs caused by the delay.

7. Third-party platforms

Our services rely on third-party platforms, including but not limited to GoHighLevel, Hostinger, telephony providers, AI providers, payment gateways, and messaging providers. These platforms are owned and operated independently of ProHighLevel.

Use of those platforms is subject to the relevant provider's own terms of service, acceptable use policies, and pricing. We do not control the availability, performance, or pricing of third-party platforms, and we are not liable for outages, changes, or discontinuation of features by those providers.

We will use reasonable efforts to advise the Client of material changes affecting the configuration we have delivered and to recommend adjustments where practical.

8. Intellectual property

8.1 Pre-existing IP

All intellectual property owned by either party before the engagement, and any general methodologies, frameworks, tools, or templates we use across multiple clients, remain the property of that party.

8.2 Delivered work

On full payment of all fees due for an engagement, the Client receives a non-exclusive, perpetual licence to use the bespoke deliverables created for them as part of that engagement, for the Client's internal business purposes. We retain ownership of the underlying methods, components, and any reusable elements.

8.3 Client content

The Client retains ownership of all content, data, trademarks, and brand assets they provide. The Client grants us a limited licence to use those materials as required to deliver the services.

8.4 Portfolio rights

Unless agreed otherwise in writing, we may reference the Client's name, logo, and a non-confidential description of the work in our portfolio, case studies, and marketing materials.

9. Confidentiality

Each party undertakes to treat confidential information of the other party as confidential, to use it only for the purposes of the engagement, and to protect it with the same care as it protects its own confidential information. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law.

10. Data protection

We process personal information in accordance with our Privacy Policy and the Protection of Personal Information Act, 4 of 2013 (POPIA).

Where we process personal information on behalf of the Client (for example, contacts inside a CRM we are operating), we act as an operator under POPIA and process that information only on the Client's documented instructions. The Client remains the responsible party for that personal information and must ensure it has the appropriate lawful basis for processing.

11. Warranties

We warrant that we will perform our services with reasonable skill and care and in a professional manner. We do not warrant that the services will be uninterrupted or error-free, that all defects can be corrected, or that the services will meet a specific business outcome unless that outcome is expressly recorded in the scope of work.

To the maximum extent permitted by law, all other warranties, express or implied, are excluded.

12. Limitation of liability

Nothing in these terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Subject to the preceding paragraph, and to the maximum extent permitted by law:

• Neither party is liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of anticipated savings.
• Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by the Client to us for the relevant engagement in the twelve (12) months preceding the event giving rise to the claim.
• We are not liable for any damages arising from the acts or omissions of third-party platforms, the Client's own use or misuse of delivered systems, or content provided by the Client.

13. Refunds and cancellations

13.1 Digital services policy

ProHighLevel delivers digital services. Time spent by our team, software licences procured on your behalf, and platform configurations completed are non-recoverable costs. As a general rule, all fees paid to ProHighLevel are non-refundable once paid.

13.2 Project work and retainers

Deposits, milestone payments, and retainer fees are non-refundable once received. Where work has commenced on a phase or billing period, no refund is owed for that phase or period, regardless of whether the work is fully completed at the time of cancellation.

13.3 Subscription services

Where we provide a subscription-based service:

• A free trial period of up to 14 days may be offered. You may cancel at any time during the trial with no charge.
• Once a subscription period has been billed, the fee for that period is non-refundable.
• Subscriptions are billed in advance and are not prorated for unused time.
• Cancellation stops future billing but does not entitle you to a refund for the current or any prior billing period.

13.4 Limited exceptions

We will consider a refund only in the following narrow circumstances, on a discretionary basis:

• Duplicate charge: where you were charged more than once for the same period due to a billing error, the duplicate amount will be refunded in full upon verification.
• Confirmed accidental subscription: where a subscription was clearly activated by mistake and no material use of the service has occurred, requests submitted within 7 days of the charge will be evaluated.

13.5 Not refundable

Without limiting the above, the following are explicitly not refundable:

• Change of mind, dissatisfaction, or a re-evaluation of perceived value after the trial period.
• Time spent by our team on consultation, configuration, integration, automation, content production, AI setup, training, or any other delivery activity.
• Third-party platform fees procured or used on your behalf, including platform licences, telephony, AI usage, SMS, hosting, domains, and payment processing.
• Failure to cancel a subscription before the next billing cycle.
• Partial use of any service within a billing period.
• Issues caused by third-party platforms, providers, or integrations.
• Issues caused by client-side actions, internet connectivity, hardware, or user error.
• Accounts suspended or terminated for breach of these Terms.
• Requests made more than 30 days after the charge date.

13.6 How to request consideration

To request consideration under section 13.4, email info@prohighlevel.co.za with: your full name, registered email address, the date and amount of the charge, the relevant subscription or invoice reference, and a clear description of the reason for your request. We will respond within 10 working days.

13.7 Chargebacks

We expect Clients to contact us in good faith before initiating a chargeback with their bank or card provider. Filing a chargeback without first attempting resolution with us is a breach of these Terms. If a chargeback is filed, we may provide transaction evidence to our payment processor and the issuing bank to contest the dispute. Accounts with active or unresolved chargebacks may be suspended pending resolution.

13.8 Consumer protection

Nothing in this section limits any right you may have under the Consumer Protection Act, 68 of 2008, to the extent that Act applies to you.

14. Termination

14.1 Termination for convenience

Either party may terminate a retainer or managed services engagement by giving 30 days' written notice, unless the agreement specifies a different notice period.

14.2 Termination for cause

Either party may terminate immediately on written notice if the other party commits a material breach that is not remedied within 14 days of written notice, or if the other party becomes insolvent, enters liquidation, or makes an arrangement with creditors.

14.3 Effect of termination

On termination, the Client must pay for all work performed and all costs reasonably incurred up to the date of termination. We will hand over deliverables, files, and access in a reasonable, organised manner. Clauses that by their nature are intended to survive termination (including confidentiality, intellectual property, limitation of liability, and governing law) continue to apply.

15. Force majeure

Neither party is liable for failure or delay in performing obligations under these terms caused by events outside its reasonable control, including natural disasters, acts of government, civil unrest, infrastructure outages, internet failures, or pandemics. The affected party will notify the other party as soon as practicable and use reasonable efforts to mitigate the impact.

16. General

• Entire agreement. These terms together with the relevant proposal or scope of work form the entire agreement between the parties and supersede any prior understanding on the same subject.
• Variation. Variations to these terms are only effective if recorded in writing and signed by both parties.
• Severability. If any provision is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
• Assignment. Neither party may assign its rights or obligations without the other party's written consent, except that we may assign to a successor in connection with a merger, acquisition, or sale of substantially all assets.
• Notices. Notices must be in writing and sent to the email addresses recorded in the proposal or scope of work, or by registered post to the addresses last notified by the parties.
• Independent contractor. We perform services as an independent contractor. Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between the parties.

17. Governing law and jurisdiction

These terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division.

18. Contact

For any questions about these terms or any contractual matter:

ProHighLevel (Pty) Ltd
Email: info@prohighlevel.co.za
Country: South Africa