Mercatuss Terms And Conditions

Terms and Conditions

Effective Date: 1 July 2025

These Terms and Conditions ("Terms") govern the provision of services by Mercatuss, a division of Universal Faculty (Pty) Ltd (Registration Number: K2020484861, South Africa) ("we", "us", "our") to any client ("you", "the Client"). By engaging Mercatuss, accepting a proposal, signing an agreement, or making payment, you agree to be bound by these Terms.

1. Scope of Services

Mercatuss provides B2B services including, but not limited to:

• Lead generation and demand generation services

• Business development support

• Compliance, governance, and operational advisory

• Strategic consulting and analytics

Specific services, deliverables, timelines, and fees will be outlined in a written proposal, statement of work (SOW), or service agreement. Where no separate agreement exists, these Terms apply in full.

2. Engagement and Onboarding

2.1 Services commence once:

• A proposal or SOW is accepted in writing; and

• The required upfront payment (if applicable) has been received.

2.2 Mercatuss reserves the right to refuse or terminate an engagement if required information, access, or cooperation is not provided by the Client.

3. Fees and Payment Terms

3.1 Pricing Fees are quoted in South African Rand (ZAR) unless otherwise stated and are exclusive of VAT (where applicable).

3.2 Upfront Payments

• Diagnostic, project-based, and once-off services require 100% upfront payment unless otherwise agreed in writing.

• Retainer services require payment monthly in advance.

3.3 Invoices and Due Dates

• Invoices are payable within 7 days of issue unless otherwise specified.

• Late payments may result in suspension of services.

3.4 Late Payments Mercatuss reserves the right to:

• Suspend or terminate services for overdue accounts

• Charge interest on overdue amounts at the maximum rate permitted by law

4. Refund Policy

4.1 No Refunds on Commenced Work Once services have commenced, no refunds will be issued, regardless of outcomes achieved.

4.2 Upfront Services For upfront-paid services:

• If cancellation occurs before work has commenced, a refund may be issued at Mercatuss’ discretion, less any administrative or preparation costs.

• Once work has started, all fees are non-refundable.

4.3 Retainers

• Retainer fees are non-refundable once the service period has begun.

• Retainers require a minimum 3-month commitment unless otherwise agreed in writing.

4.4 Lead Quality and Performance Disclaimer

Where services include lead generation:

• Mercatuss does not guarantee specific revenue outcomes, conversion rates, or sales results.

• A "qualified lead" is defined as a contact meeting the agreed targeting criteria at the time of delivery.

If the Client reasonably determines that delivered leads do not meet the agreed qualification criteria, the Client must notify Mercatuss in writing within 7 days of delivery, providing specific reasons and evidence.

At Mercatuss’ discretion, and where lead quality concerns are validated, Mercatuss may:

• Replace the affected leads with additional leads of equivalent value; or

• Provide additional lead volume in a subsequent delivery period.

No cash refunds will be issued for lead quality concerns where services were delivered in accordance with the agreed scope and criteria.

5. Client Responsibilities

The Client agrees to:

• Provide accurate and complete information

• Grant reasonable access to systems, data, and personnel

• Respond timeously to requests necessary for service delivery

Delays caused by the Client may impact timelines and outcomes and do not constitute grounds for refunds or fee reductions.

6. Confidentiality

Both parties agree to maintain strict confidentiality regarding all proprietary, commercial, and sensitive information shared during the engagement, unless disclosure is required by law.

7. Intellectual Property

7.1 All methodologies, frameworks, templates, processes, and materials developed by Mercatuss remain the intellectual property of Mercatuss unless otherwise agreed in writing.

7.2 Upon full payment, the Client is granted a non-transferable, non-exclusive licence to use deliverables for internal business purposes only.

8. Limitation of Liability

To the maximum extent permitted by law:

• Mercatuss shall not be liable for indirect, incidental, or consequential damages

• Total liability shall not exceed the total fees paid by the Client for the relevant services

9. Termination

9.1 Either party may terminate an engagement by providing 30 days’ written notice, subject to minimum contract terms.

9.2 Fees accrued up to the termination date remain payable and non-refundable.

9.3 Mercatuss may terminate immediately in cases of non-payment, breach of these Terms, or unlawful conduct.

10. Compliance and Legal Disclaimer

Mercatuss provides advisory and operational support services and does not provide legal, tax, or financial advice unless explicitly stated in writing. Clients remain responsible for final compliance decisions and implementation.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of South African courts.

12. Amendments

Mercatuss reserves the right to amend these Terms at any time. Updated versions will be made available to Clients and will apply to future engagements.

13. Contact Information

Mercatuss, a division of Universal Faculty (Pty) Ltd (Registration Number: K2020484861, South Africa)
Email: berisford.lekay@mercatuss.co.za | mercatussb2b@gmail.com

These Terms and Conditions are designed to protect both Mercatuss and its clients by ensuring clarity, fairness, and professional standards in all engagements.