Terms of service

Who you are contracting with

Indigo Collective is the trading name of Indigo Haddington, a sole proprietor in the Republic of South Africa. You can reach us at indigo@indigocollective.ai.

What we provide

We design, build and operate artificial intelligence and automation systems inside a client's business. An engagement usually runs as an audit, then a build scoped from what the audit found, then an ongoing service to run it and improve it. What each part costs is set out on the pricing page.

Engagement and acceptance

An engagement begins when you accept a written proposal or pay an invoice for a part of the work. Scope, deliverables and duration are recorded in writing before that work begins.

Work outside an agreed scope is quoted separately and is not carried out without your written approval.

Fees and payment

• Fees are payable in advance unless the invoice says otherwise.
• The audit fee is credited in full against a build commissioned after it.
• Amounts are exclusive of value-added tax or equivalent, which is added where it applies. Each party accounts to its own revenue authority.
• Payment must be made so that Indigo Collective receives the full invoiced amount. The sender bears their own bank's charges.
• All amounts are payable in full, without set-off, counterclaim, withholding or deduction.
• Interest accrues on undisputed overdue amounts at 10% per month, or the maximum permitted by law if lower, from the due date until payment.
• We may suspend the services while any undisputed amount remains overdue.

What we need from you

• Timely access to the people, systems and information the work depends on.
• The licences and subscriptions for any third-party platform used in your build, and the cost of them.
• Notice before you or another supplier changes a system we operate.

Intellectual property

You own your own materials. Your brand, your content, your methodology, your commercial model and your customer data are yours, and we claim nothing in them.

We own our background technology. The structure, design, sequencing, logic and architecture of the workflows, automations and integrations we build remain ours, together with the tooling, patterns and technique we bring to every engagement.

You receive a perpetual, irrevocable, worldwide, fully paid-up licence to use, operate, host, maintain, adapt and migrate the configuration deployed in your own accounts. It is exercisable by your staff and by any contractor who replaces us, and it transfers with the business if you sell it.

Confidentiality

Each party keeps the other's confidential information confidential and uses it only for the engagement. This continues after the engagement ends.

Personal information

Where we process personal information on your behalf we do so on your instructions and only for the engagement. We are subject to the Protection of Personal Information Act, 2013. Where your own customers are elsewhere, you remain the responsible party for their personal information and for the lawful basis on which it is collected. Our own handling of personal information is set out in the privacy policy.

Warranties and liability

We provide the services with reasonable skill and care. We do not warrant that any system will be uninterrupted or free of error, and we do not warrant the output of third-party platforms or artificial intelligence models that we do not control.

Neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue or data. Our total liability in connection with an engagement is limited to the fees you have paid us for that engagement in the twelve months before the claim arose.

Nothing in these terms excludes liability that cannot be excluded by law.

Term and termination

The audit ends when the findings document is delivered. A build ends when its agreed milestones are delivered. The monthly service continues until either party ends it on 30 days' written notice, and the month in which notice is given is payable in full.

Either party may end an engagement immediately if the other commits a material breach and has not remedied it within 14 days of being asked to in writing.

On termination you keep the licence described under Intellectual property to everything already deployed in your accounts.

Changes to these terms

We may update these terms. The version published on this page when your engagement begins is the version that applies to it.

Governing law

These terms are governed by the law of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts.