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These terms govern your use of TCMS, the Tax Compliance Management System, and the services PayAnchor provides through it. By creating a Team, adding a Profile or using TCMS you agree to them. If you are signing up for a company, you confirm that you are a director or authorised signatory with authority to bind it.
1.1 Account means your Team and everything under it.
1.2 Business Day means any day other than a Saturday, Sunday or public holiday in South Africa.
1.3 Client or you means the person or organisation that owns the Team, acting through its Owner.
1.4 Fees means the once-off onboarding fee and the monthly system and professional fees for each Profile, in the amounts shown on the Pricing page when you added the Profile and on each statement.
1.5 Owner means a person in your Team with the owner role, who manages billing, Team settings and the people in the Team. Member means a person in your Team who works on Profiles but does not manage billing or people.
1.6 Personal Information and Processing bear the meanings given in the Protection of Personal Information Act 4 of 2013 (POPIA).
1.7 Professional Services means the bookkeeping, accounting, tax and payroll services PayAnchor provides for a Profile, as described in clause 6.
1.8 Profile means a single taxpayer under your Team: an individual (one South African tax reference number) or a business (one registered entity).
1.9 Team means your account on TCMS. It holds one or more Profiles, the people you invite to it, and is the party that pays the Fees.
1.10 TCMS or the System means the TCMS marketing site, the TCMS dashboard and the services delivered through them.
2.1 Subject to these terms and payment of the Fees, PayAnchor grants you a non-exclusive, non-transferable right to use TCMS for your own tax, accounting and payroll affairs and those of the Profiles in your Team.
2.2 These terms do not transfer ownership of TCMS or any part of it to you. All rights not expressly granted are reserved by PayAnchor.
2.3 You may invite people to your Team. Everyone in your Team can see and act on every Profile in it. You are responsible for who you invite and for their compliance with these terms, and you may remove them at any time.
2.4 Joining a Team is by invitation only. PayAnchor does not accept requests to join a Team from people outside it.
3.1 TCMS has no passwords. You sign in with a link sent to your email address. Each link works once and expires after a short time. You are responsible for the security of that mailbox and for all activity under your sign-in, and must tell PayAnchor promptly if you suspect unauthorised access.
3.2 You must give accurate, current and complete information for your Team and each Profile, and tell PayAnchor promptly if it changes, including a change of name, contact details, residency, tax reference number or company registration.
3.3 You confirm that the identity documents, tax reference numbers and company documents you supply are genuine and belong to you or to the Profile you are entitled to represent.
3.4 PayAnchor may ask for identity or supporting documents at any time to keep its records up to date, including to meet its duties as a registered tax practitioner and under the Financial Intelligence Centre Act 38 of 2001, and may suspend the Team until it receives them.
3.5 You confirm that neither you nor any person who owns or controls a Profile in your Team is the subject of United Nations Security Council sanctions or South Africa's targeted financial sanctions. PayAnchor may refuse, suspend or end the relationship, and report to the authorities where the law requires or permits, without liability to you.
4.1 You must not, and must ensure that the people in your Team do not:
4.2 Uploads must be PDF, JPG or PNG files of no more than 5 MB each.
4.3 PayAnchor may suspend the sign-in of anyone in your Team reasonably believed to be in breach of this clause, pending investigation.
5.1 Onboarding fee. A once-off onboarding fee of R90.00 per Team covers the identity review and opening your Team. It is not refundable once the review has been done, except where the law requires a refund (including clause 12.5).
5.2 Monthly fees per Profile. Each Profile is charged a monthly system fee plus a monthly professional fee set by its band:
5.3 Bands. You choose a Profile's band when you add it. PayAnchor staff confirm it against your documents, and may move it to the correct band if the documents show a different one. After confirmation, a band changes only by agreement, requested from the Billing page.
5.4 Pending Teams. Until PayAnchor activates your Team, your dashboard shows your Profiles, tax service selection, how-to content and FAQs only. No monthly fee is charged for a month in which your Team was not active.
5.5 DebiCheck. Fees are collected monthly by DebiCheck debit order from the bank account named in the mandate you authorise with your bank. PayAnchor arranges the mandate with you after sign-up and activates your Team once it is on file. You must keep the mandate active and the account funded on the collection date.
5.6 Statements. Before each collection PayAnchor shows the charges for the period on your Billing page. You may query any charge there before the collection date.
5.7 Failed collections. If a collection fails, PayAnchor will remind you. If the amount is still unpaid 7 days after the collection date, PayAnchor may pause your Team's access until it is paid. Pausing access does not stop the Fees accruing and does not delete your data. Access resumes when the overdue amount has been collected. PayAnchor may pass on bank charges for a failed collection.
5.8 Tax. PayAnchor is not at the date of these terms registered for value-added tax. If the law requires tax to be added to the Fees, PayAnchor will say so on your Billing page and give you at least 30 days' notice.
5.9 Changes. PayAnchor may change the Fees on at least 30 days' written notice. A change applies from the first collection after the notice period. You may end these terms under clause 12 before then if you do not accept the change.
5.10 Referral discounts. Every Team has a referral code. When a new Team signs up with your code and its first collection succeeds, both Teams receive the referral discount published on the Pricing page on their next collection. PayAnchor applies discounts manually and may withdraw or change the programme on notice; discounts already earned are honoured.
6.1 The monthly professional fee pays for the Professional Services for a Profile for the month it relates to, for the services you have selected in your dashboard for that Profile (tax returns, bookkeeping and accounting, payroll, or a combination).
6.2 The Professional Services are described on the Services page when you select them, as updated by PayAnchor from time to time without reducing what you have paid for. Anything outside that description is quoted and agreed in writing before it is done.
6.3 PayAnchor performs the Professional Services with reasonable skill and care, using suitably competent people, including a registered tax practitioner for submissions to the South African Revenue Service (SARS).
6.4 You must give PayAnchor the information, documents and access it reasonably needs, on time and through TCMS where a document request has been raised. You are responsible for the accuracy and completeness of what you give, including schedules and logbook entries you capture yourself. PayAnchor may decline to submit a return where the house rules have not been met.
6.5 Where a return, filing or other submission is made on your behalf, you must review and approve it before it is submitted. Approval is given by signing the document PayAnchor attaches to a signature request and uploading the signed copy. The return status "Awaiting your approval" means PayAnchor is waiting for that.
6.6 The Professional Services relate to South African law and practice only. PayAnchor does not advise on the law of any other country, and you should take your own advice on any foreign tax question, including the effect of your residence or nationality.
6.7 PayAnchor does not guarantee any particular outcome, such as the amount of any tax, refund or assessment, or the decision of SARS or any other authority. Deadlines are met where you have fulfilled document requests by the dates in the house rules.
6.8 The tax calculator and guides on the marketing site are general information, not advice, and do not form part of the Professional Services.
6.9 PayAnchor keeps your information confidential and uses it only to provide TCMS and the Professional Services, subject to clause 8 and any disclosure the law requires.
7.1 TCMS, and all software, trademarks and materials comprising it, are owned by PayAnchor or its licensors.
7.2 You retain ownership of all documents and data you submit to or generate on TCMS (Client Data). You grant PayAnchor a licence to host, process and display Client Data solely to provide TCMS and the Professional Services.
7.3 Documents are kept per tax year. When a return is finalised its documents move to that tax year's archive and remain available to your Team for the retention period in the Privacy Policy.
8.1 PayAnchor is the responsible party for your Personal Information under POPIA and processes it in accordance with POPIA and the TCMS Privacy Policy, which forms part of these terms.
8.2 Where you upload documents or capture schedules containing information about other people (for example dependants on a medical scheme, employees on a payroll or a driver in a logbook), you confirm that you are entitled to share it with PayAnchor for these purposes.
8.3 This clause 8 survives the end of these terms.
9.1 PayAnchor will use reasonable efforts to keep TCMS available, but does not guarantee uninterrupted or error-free operation.
9.2 Planned maintenance will, where practicable, be scheduled outside normal business hours and notified in advance.
9.3 Comments and document uploads are read by PayAnchor staff on Business Days between 08:00 and 17:00. Any specific service levels or response times beyond this clause must be recorded in writing and signed by both parties.
10.1 PayAnchor's total aggregate liability to you arising out of or in connection with these terms, whether in contract, delict or otherwise, shall not exceed the total Fees paid by your Team in the 3 months before the event giving rise to the claim.
10.2 Neither party is liable to the other for any indirect, special or consequential loss, including loss of profit, revenue or goodwill.
10.3 Nothing in these terms limits either party's liability for fraud, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded or limited.
10.4 Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008, where that Act applies to you.
You indemnify PayAnchor against any loss, penalty or claim arising from a breach of these terms by you or anyone in your Team, or from inaccurate, incomplete or fraudulent information or documents supplied to PayAnchor, including SARS penalties and interest that result from information you did not provide or provided late.
12.1 These terms start when you create your Team and continue month by month until ended under this clause.
12.2 You may end these terms at any time by written notice to PayAnchor or from your dashboard. They end at the end of the month for which the last collection has been made, and PayAnchor will cancel the DebiCheck mandate after that. Amounts already paid are not refunded, except where the law requires it.
12.3 You may remove a single Profile from your Team at any time. Its monthly fee stops from the next collection.
12.4 PayAnchor may suspend or end your access, on notice where reasonably practicable, if: an amount remains unpaid after the period in clause 5.7; you or someone in your Team breaches these terms and does not remedy the breach after being told; PayAnchor reasonably suspects fraudulent, unlawful or harmful use of TCMS; you do not give documents requested under clause 3.4; clause 3.5 applies; or the law or a regulator requires it.
12.5 If you are an individual and these terms were concluded electronically, you may cancel them without giving a reason and without penalty within seven days after conclusion, and are then entitled to a full refund of what you have paid, within 30 days of cancelling (Electronic Communications and Transactions Act 25 of 2002, section 44). By selecting tax services you ask PayAnchor to start the Professional Services as soon as your Team is activated. That seven-day right does not apply to services that have begun with your consent before the seven days end (section 42(2)(d)).
12.6 On termination you remain liable for Fees accrued up to the date of termination. PayAnchor will, on request and once outstanding Fees are paid, keep your archive available for export for a reasonable period and in any event for the retention period in the Privacy Policy.
13.1 You may raise a dispute about a charge from the Billing page, or about a return from the return itself. PayAnchor will acknowledge it within 2 Business Days and aim to resolve it within 10 Business Days.
13.2 Raising a dispute about a charge before its collection date pauses that charge until the dispute is resolved. Other charges are collected as normal.
PayAnchor may update these terms from time to time to reflect changes in the services, technology or the law. It will give you at least 30 days' written notice of any material change, and you may end these terms under clause 12 before the change takes effect. Continued use of TCMS after a change takes effect is acceptance of it.
15.1 The parties shall first try to resolve any dispute by good-faith negotiation, including through clause 13.
15.2 If it is not resolved within 20 Business Days, either party may refer it to arbitration in Johannesburg under the rules of the Arbitration Foundation of Southern Africa (AFSA), or approach a court of competent jurisdiction in South Africa, and you submit to the jurisdiction of the South African courts.
15.3 These terms are governed by the laws of the Republic of South Africa. They are in English.
16.1 You accept these terms electronically by creating your Team, and sign documents electronically by uploading a signed copy to a signature request. An electronic acceptance or signature is as binding as a handwritten one under the Electronic Communications and Transactions Act 25 of 2002.
16.2 Entire agreement. These terms, the Privacy Policy, the Cookie Policy, the house rules and the Pricing page are the entire agreement between the parties about TCMS and the Professional Services, and replace all earlier discussions on those subjects.
16.3 Notices. Notices may be given by email to the Owner's address on the Team, or to PayAnchor at the contact details above, and are treated as received on the next Business Day after they are sent.
16.4 Severability. If any provision is found unenforceable, the rest continue in full force.
16.5 No waiver. A party's failure to enforce a provision is not a waiver of its right to do so later.
16.6 You may not transfer your rights or obligations under these terms without PayAnchor's written consent.
16.7 You confirm that you have read clauses 5 (Fees and payment), 10 (Limitation of liability), 11 (Indemnity) and 12 (Duration and termination), which limit your rights or place risk or cost on you, that they were drawn to your attention, and that you understand them.