Refund & cancellation policy.

01Overview

This policy explains how to cancel a Motion Kulca subscription or project, and when a refund or credit applies. It forms part of our Terms of Service. Because every engagement is custom-quoted, your signed quote or SOW may contain specific cancellation terms; where it does, those terms apply alongside this policy. Nothing in this policy limits your rights under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

02How we bill

• Subscriptions (for example Motion VMS, EduCruze / Motion Fleet, Cynergy, Motion Dispatch, Motion Guard, hosting or managed services) are charged in advance for each billing period by card through Paystack.
• Once-off payments (deposits, milestone payments, set-up fees, project invoices) are paid by card through Yoco.
• All amounts are in ZAR and include VAT, as shown on your quote and invoice. Invoices are due 7 days after the invoice date.

03Cancelling a subscription

You may cancel a subscription at any time by emailing info@motionkulca.co.za from your registered email address, with your company name and the subscription you want to cancel.

Notice period: cancelling a subscription requires one calendar month’s written notice, counted from the date we receive your notice. Fees for the notice period remain payable. We will confirm the cancellation and its effective date by email. After the effective date we will not charge your card again, and Paystack’s authorisation to charge it ends.

Fees for billing periods that have already started are not refunded, except where this policy or the law says otherwise. If your subscription has a fixed term stated in your quote, early cancellation is subject to the terms in that quote and to section 14 of the CPA where it applies (20 business days’ written notice and a reasonable cancellation charge).

Before the effective date, you may ask us to export your data in a standard format. What happens to platform data after cancellation is set out in your contract and our Privacy Policy.

04Cancelling a project or once-off service

You may cancel a project (for example custom software, an app build, an AI or cloud project, a cybersecurity assessment or a consulting engagement) by written notice to info@motionkulca.co.za. When you do:

• you pay for work completed and accepted milestones up to the date we receive your notice;
• you pay for work in progress on a fair, pro-rata basis, and for third-party costs we already committed to on your behalf (for example licences, hardware or app-store fees) that cannot be cancelled;
• any amount you have paid in advance for work not yet started is refunded, less a reasonable cancellation charge where the CPA (s17) allows it, as stated in your quote; and
• we hand over the completed work you have paid for, as set out in your quote.

If you booked a slot (for example a discovery session or workshop) and need to cancel or move it, please let us know as early as possible.

05Cooling-off rights

• Direct marketing (CPA s16): if you signed up as a result of direct marketing (for example after we approached you in person or by phone), you may cancel by written notice within 5 business days after the agreement was concluded or the goods were delivered, without giving a reason and without penalty. We will refund all payments received for that agreement within the period the CPA requires (s16(4)(b)), through the original payment method.
• Online transactions (ECTA s44): where ECTA applies to you as a consumer, you may cancel an electronic transaction within 7 days without reason or penalty. Under ECTA s42(2) this right does not apply to, among others, services that began with your consent before the 7 days ended, or goods or work made to your own specification. Much of our custom work falls into these exclusions; your quote will say when work begins.

To use a cooling-off right, email info@motionkulca.co.za with your name, company and quote or invoice number.

06When we refund

• Duplicate or incorrect charges: refunded in full once we have verified them.
• Charges after a valid cancellation took effect: refunded in full.
• We cannot deliver: if we cancel an order or cannot start agreed work, we refund amounts paid for work not delivered.
• Services not performed to the agreed standard (CPA s54): we will first re-perform or fix the work at no charge. If we cannot, we refund a reasonable portion of the price, having regard to the extent of the failure.
• Defective hardware (where we supplied it): handled under your rights in CPA ss55–56 and the warranty in your quote.
• Cooling-off cancellations, as described above.

Refund requests for once-off payments must be lodged within 3 days of receipt of the product or deliverable. This does not shorten or limit any right or period you have under the CPA or ECTA, including the cooling-off rights above; those statutory rights always apply.

07When refunds do not apply

• Work already delivered and accepted, or milestones already approved.
• Subscription periods that have already started, unless this policy or the law requires otherwise.
• Third-party costs we paid on your behalf that the third party will not refund, where they were disclosed in your quote.
• Delays or failures caused by missing information, access, content or approvals from your side, or by third-party services outside our control.

08How refunds are paid

• Refunds are made through the original payment method. Card payments made through Paystack are refunded to the same card through Paystack; card payments made through Yoco are refunded to the same card through Yoco. EFT payments, where accepted, are refunded to the bank account they came from.
• We will tell you the outcome of your request in writing.
• Once we have issued a refund, the time it takes to show on your statement depends on the payment provider and your bank.
• If you prefer, an approved amount can be credited against a future invoice instead. This is your choice, never a condition.

09Billing queries and chargebacks

If you do not recognise a charge, or think you were billed incorrectly, please contact us first at info@motionkulca.co.za so that we can investigate it quickly. If we cannot resolve your complaint, you may approach the Consumer Goods and Services Ombud (CGSO) or the National Consumer Commission. You may also dispute a card charge with your bank.

10Contact

Motion Kulca (Pty) Ltd · Suite 42 Regus Business Center, Southdowns Ridge Office Park, Irene 0123
Email: info@motionkulca.co.za · Tel: 087 711 0020
Support: 24/7