Terms & Conditions

SME PARTNER AI - PROFESSIONAL AI INFRASTRUCTURE SERVICES

Last Updated: July 28, 2025

1. AGREEMENT AND ACCEPTANCE

By accessing and using SME Partner AI's website and services, you agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you ("Client," "you," or "your") and SME Partner AI ("Company," "we," "us," or "our").

If you do not agree with any part of these terms, you must not use our services or website.

2. SERVICES DESCRIPTION

SME Partner AI provides artificial intelligence consulting and implementation services specifically designed for small to medium enterprises (SMEs), including but not limited to:

- Business Intelligence Suite: Comprehensive AI readiness assessments including Leadership Readiness, Business Readiness, and AI Implementation evaluations

- Foundation Tier Services: AI readiness assessment and quick-win implementations with 90-day support

- Growth Tier Services: Invisible AI Infrastructure with 2-3 custom AI systems and 6-month support

- Transformation Tier Services: Complete AI evolution with 4-6 comprehensive AI systems and 12-month support

- Strategic Consultations: One-on-one sessions with our Founder for AI transformation planning

3. SERVICE ENGAGEMENT PROCESS

3.1 Assessment Phase

All clients must complete the Business Intelligence Suite assessment process before engaging in implementation services. This includes:

- Leadership Readiness Assessment

- Business Readiness Assessment

- AI Implementation Assessment

- 90-minute Strategic Consultation with our Founder

3.2 Implementation Phase

Following assessment completion and proposal acceptance, implementation will proceed according to the agreed timeline and specifications outlined in your Custom AI Transformation Proposal.

IMPORTANT: No implementation work begins until the assessment phase is completed and a signed proposal is in place.

4. PAYMENT TERMS

4.1 Business Intelligence Suite

Payment for the Business Intelligence Suite (including all three assessments and strategic consultation) is required in full before assessment commencement.

4.2 Implementation Services

- Foundation Tier: 50% deposit required upon proposal acceptance, remainder due at 45-day milestone

- Growth Tier: 30% deposit required upon proposal acceptance, with remaining balance split into monthly installments over the implementation period

- Transformation Tier: 25% deposit required upon proposal acceptance, with remaining balance split into quarterly installments over the 12-month period

4.3 Late Payment

Overdue payments may result in service suspension and will incur a late fee of 2% per month on the outstanding balance.

5. CONFIDENTIALITY AND DATA PROTECTION

5.1 Client Confidentiality

We maintain strict confidentiality regarding all client business information, data, and strategic insights shared during our engagement. This includes but is not limited to:

- Business processes and operational data

- Financial information and performance metrics

- Strategic plans and competitive intelligence

- Customer data and business relationships

5.2 Data Security

We implement industry-standard security measures to protect client data. However, clients are responsible for ensuring their own systems meet necessary security requirements for AI integration.

5.3 Data Retention

Client data used for assessment and implementation purposes will be retained for a period of 24 months following service completion, after which it will be securely deleted unless otherwise agreed in writing.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Pre-existing IP

Each party retains ownership of their respective pre-existing intellectual property rights.

6.2 Custom Developments

AI systems, workflows, and custom solutions developed specifically for your business become your intellectual property upon full payment completion.

6.3 Proprietary Methodologies

Our diagnostic frameworks, assessment methodologies, and proprietary processes remain the intellectual property of SME Partner AI.

6.4 Third-party Tools

Any third-party AI tools, software, or platforms integrated into your solutions remain subject to their respective licensing terms.

7. SERVICE LEVEL GUARANTEES

7.1 Response Times

- Email inquiries: 48-hour response during business days

- Support requests: 72-hour response during active implementation

- Critical issues: Same-day response commitment

7.2 Deliverable Timelines

We commit to meeting agreed project milestones as outlined in your Custom AI Transformation Proposal, with regular progress updates provided.

7.3 Quality Standards

All deliverables undergo internal quality review before client delivery. We provide revision periods for each major deliverable as specified in your service agreement.

8. LIMITATION OF LIABILITY

SME Partner AI's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim.

We are not liable for:

- Indirect, consequential, or punitive damages

- Loss of profits, revenue, or business opportunities

- Data loss or corruption due to client system failures

- Third-party service interruptions or failures

- Results that do not meet client expectations if services are delivered as specified

9. CLIENT RESPONSIBILITIES

9.1 Information Accuracy

Clients must provide accurate, complete, and timely information required for assessment and implementation processes.

9.2 System Access

Clients must provide necessary system access, credentials, and technical cooperation required for AI integration work.

9.3 Change Management

Clients are responsible for internal change management, staff training, and adoption of implemented AI systems.

9.4 Compliance

Clients must ensure their use of implemented AI systems complies with all applicable laws, regulations, and industry standards.

10. SERVICE MODIFICATIONS AND CANCELLATIONS

10.1 Scope Changes

Any changes to agreed scope must be documented in writing and may result in additional fees and timeline adjustments.

10.2 Client Cancellation

- Assessment Phase: 50% refund if cancelled within 48 hours of payment, no refund after assessment commencement

- Implementation Phase: Cancellation fees apply based on work completed and resources allocated

10.3 Service Termination

We reserve the right to terminate services for non-payment, breach of terms, or if continuation would be detrimental to either party.

11. WARRANTIES AND DISCLAIMERS

11.1 Service Warranties

We warrant that our services will be performed with professional competence and in accordance with industry standards.

11.2 Technology Disclaimers

AI technology results may vary based on data quality, system integration complexity, and external factors beyond our control. We make no guarantees regarding specific performance outcomes or ROI metrics.

11.3 Third-party Dependencies

We are not responsible for the performance, availability, or changes to third-party platforms, APIs, or services integrated into client solutions.

12. FORCE MAJEURE

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to natural disasters, government actions, cyber attacks, or significant technology platform changes.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These terms are governed by the laws of South Africa.

13.2 Dispute Resolution

Disputes will first be addressed through good-faith negotiation. If unresolved, disputes will be settled through binding arbitration in South Africa.

13.3 Jurisdiction

All legal proceedings shall be conducted in the appropriate courts of South Africa.

14. PRIVACY POLICY INTEGRATION

Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms an integral part of these Terms and Conditions.

15. UPDATES TO TERMS

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated via email to active clients at least 30 days before taking effect. Continued use of our services after modifications constitutes acceptance of updated terms.

16. SEVERABILITY

If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. CONTACT INFORMATION

For questions regarding these Terms and Conditions or our services, please contact:

SME Partner AI

Founder: Charmaine Mbatha

Email: [contact email address]

Website: [website URL]

Business Address: South Africa

Support Hours: Monday - Friday, 9:00 AM - 5:00 PM SAST

Response Time: Within 48 hours for general inquiries

18. ACKNOWLEDGMENT

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

This document was last updated on August 11, 2025, and supersedes all previous versions.