Terms of Service

It is important to read these Terms of Service carefully before using EcoView Tracker. These terms establish what you can expect from Eco Southern Energy (Pty) Ltd as you use our platform, and what we expect from you. They reflect the way our business works, the laws that apply to our company in the Republic of South Africa, and the principles we operate by.

These Terms of Service cover the following key areas:

  • What you can expect from us — how we provide, develop, and maintain our services
  • What we expect from you — the rules and responsibilities for using our platform
  • Subscriptions, billing, and payments — how our services are priced and paid for
  • Intellectual property — who owns the content, data, and technology on the platform
  • Privacy and data protection — how we handle your personal information under POPIA
  • Service suspension and termination — when and how access may be restricted or ended
  • Limitation of liability — our responsibilities and yours in case of issues
  • In case of problems or disagreements — your legal rights and how disputes are resolved

By using EcoView Tracker, you are agreeing to these Terms of Service. If you are accepting these terms on behalf of a company or organisation, you confirm that you have the authority to do so.

1. Service Provider

EcoView Tracker services are provided by, and you are contracting with:
Company: Eco Southern Energy (Pty) Ltd
Registration: 2023/688309/07
Address: 1269 Gordon Hood Road, Centurion Central, Pretoria, 0046
Email: francis@ecosouthernenergy.co.za
Platform: EcoView Tracker — Smart Utility Management Platform

When we refer to "Eco Southern Energy", "EcoView", "we", "us", or "our" in these terms, we mean Eco Southern Energy (Pty) Ltd. When we refer to "you" or "your", we mean you as an individual or the organisation on whose behalf you are accessing the platform.

2. Your Relationship with Eco Southern Energy

These Terms of Service define the relationship between you and Eco Southern Energy (Pty) Ltd. By creating an account or using EcoView Tracker, you are given permission to use our platform subject to your agreement to follow these terms.

There are different types of users on the EcoView Tracker platform:

  • Property Manager — an organisation or individual who subscribes to EcoView Tracker to manage utility billing and metering for one or more properties
  • Tenant — an individual who accesses the EcoView Tracker tenant portal to view their usage, invoices, and make payments
  • Administrator — a person authorised by a Property Manager to manage the platform on their behalf
  • Developer / Facilities Manager — a user accessing the platform for project or infrastructure management purposes

These terms apply to all users of EcoView Tracker regardless of your role, unless a separate written Service Agreement between Eco Southern Energy (Pty) Ltd and your organisation specifies different terms, in which case the Service Agreement takes precedence.

3. What You Can Expect From Us

3.1 Our Services

Eco Southern Energy (Pty) Ltd provides the following services through the EcoView Tracker platform:

  • Smart utility metering — automated data acquisition from electricity, water, and gas meters via LoRaWAN, M-Bus, Modbus, GSM, and pulse protocols
  • Automated billing engine — tariff-accurate monthly billing with VAT-compliant PDF invoice generation and email delivery
  • Tenant self-service portal — a mobile-friendly web portal for tenants to view usage, download invoices, and make payments
  • Online payment processing — via Paystack (card, EFT, instant EFT), prepaid wallet top-up, and debit order (DebiCheck/ACB)
  • AI-powered anomaly detection — Google Gemini-powered consumption monitoring identifying spikes, leaks, and meter faults
  • Multi-channel notifications — email, SMS, and WhatsApp Business alerts for invoices, payments, anomalies, and loadshedding
  • Analytics and reporting dashboards — real-time and historical consumption data, cost analysis, and ESG-ready reporting
  • Site reconciliation and audit trail — monthly compliance reporting, SARS-compliant VAT exports, and append-only audit logs

We continually develop and improve EcoView Tracker. We may add, modify, or discontinue features with reasonable notice to active clients.

3.2 Platform Availability

We aim to maintain a 99.5% monthly platform uptime on our Google Cloud infrastructure. Planned maintenance will be communicated in advance where reasonably possible. We are not liable for downtime caused by events outside our reasonable control, including infrastructure outages at Google Cloud Platform, load-shedding affecting connectivity, or third-party API failures.

3.3 Support

We provide platform support to subscribed clients via email during business hours (Monday to Friday, 08:00–17:00 SAST). Critical issues affecting billing or payment processing are escalated on a 24/7 basis. Response times are as specified in your service agreement.

3.4 Data Security

We implement industry-standard security measures to protect your data, including encryption at rest and in transit, row-level database security, multi-factor authentication support, and regular security reviews. Full details are set out in our Privacy Policy.

4. What We Expect From You

4.1 Accurate Information

You agree to provide accurate, current, and complete information when creating an account, registering properties or meters, or submitting any information to the platform. You are responsible for keeping your account details up to date.

4.2 Authorised Use

You agree to use EcoView Tracker only for lawful purposes and in accordance with these terms. You may not:

  • Use the platform to process, store, or transmit unlawful, harmful, or fraudulent data
  • Attempt to gain unauthorised access to any part of the platform, other users' accounts, or our infrastructure
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the platform
  • Use automated scripts, bots, or scrapers to access the platform without our prior written consent
  • Resell, sub-license, or commercially exploit the platform without a written white-label or reseller agreement
  • Submit false or misleading meter readings, invoices, or tenant information
  • Interfere with or disrupt the platform's infrastructure, servers, or networks

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at francis@ecosouthernenergy.co.za if you suspect unauthorised access to your account.

4.4 Property Manager Responsibilities

If you are a Property Manager, you additionally agree to:

  • Ensure you have a lawful basis under POPIA to share your tenants' personal information with EcoView Tracker
  • Provide tenants with adequate notice that their utility data will be managed through the EcoView Tracker platform
  • Ensure that billing rates and tariffs applied through the platform comply with applicable NERSA guidelines and are not in excess of the rates you are permitted to charge
  • Maintain accurate and up-to-date property, unit, and tenant records on the platform
  • Pay subscription and platform fees as agreed in your service agreement

4.5 Tenant Responsibilities

If you are a Tenant accessing the EcoView Tracker portal:

  • You agree to use the portal only to access your own account, usage data, and invoices
  • You are responsible for ensuring your payment details and contact information are accurate
  • Disputes regarding meter readings or invoices must be raised through the platform's dispute process or with your property manager

5. Subscriptions, Billing & Payments

5.1 Subscription Plans

EcoView Tracker services are available on monthly, annual, or custom enterprise subscription plans as set out in your service agreement. Pricing is based on meter count, property type, and the services selected.

5.2 Payment Terms

Subscription fees are payable in advance unless otherwise agreed in writing. The utility collection fee (where applicable) is charged as a percentage of utility revenue actually collected from tenants and is billed monthly in arrears. All fees are quoted and payable in South African Rand (ZAR) and are subject to VAT at the applicable rate.

5.3 Late Payment

Failure to pay subscription fees within the agreed payment period may result in suspension of platform access, restricted functionality, or account termination. We will provide reasonable notice before taking any such action. Outstanding amounts may accrue interest at the prime overdraft rate plus 2% per annum, calculated monthly.

5.4 Price Changes

We may adjust subscription fees annually in line with CPI inflation or municipal tariff changes. We will provide at least 30 days' written notice of any price changes before they take effect.

5.5 Refunds

Refunds are governed by our Refund & Cancellation Policy, which forms part of these Terms of Service and is available on request or from your account administrator.

6. Intellectual Property

6.1 Our Platform and Technology

EcoView Tracker, including its software, algorithms, AI models, user interface, branding, and all associated technology, is the intellectual property of Eco Southern Energy (Pty) Ltd and is protected by applicable South African and international intellectual property laws. These Terms of Service do not grant you any ownership rights in the platform.

6.2 Your Data

You retain ownership of all data you submit to EcoView Tracker, including meter readings, tenant information, invoices, and consumption records. By using the platform, you grant Eco Southern Energy (Pty) Ltd a limited, non-exclusive licence to process, store, and use your data solely for the purpose of providing the services described in these terms.

We do not sell your data to third parties. We may use aggregated, anonymised data for platform improvement and industry benchmarking purposes.

6.3 Feedback

If you provide feedback, suggestions, or ideas about EcoView Tracker, you grant Eco Southern Energy (Pty) Ltd the right to use that feedback without restriction or compensation to you.

7. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy — which forms part of these Terms of Service — explains how we collect, use, store, and protect your personal information in compliance with the Protection of Personal Information Act, 2013 (POPIA).

By using EcoView Tracker, you acknowledge and agree to the processing of your personal information as described in our Privacy Policy. Our Privacy Policy is available at francis@ecosouthernenergy.co.za on request, and from within the EcoView Tracker platform.

Francis Kampfer has been designated as the Information Officer of Eco Southern Energy (Pty) Ltd for the purposes of POPIA.

8. Third-Party Services and Integrations

EcoView Tracker integrates with third-party services to deliver certain features. These include:

  • Google Cloud Platform — cloud hosting and infrastructure
  • Paystack (Pty) Ltd — payment processing
  • WhatsApp Business API / BulkSMS — notification delivery
  • EskomSePush — loadshedding schedule data
  • Supabase — database management

Your use of these third-party services is subject to their respective terms and policies. Eco Southern Energy (Pty) Ltd is not responsible for the availability, accuracy, or conduct of third-party services. We will endeavour to notify you of any material changes to third-party integrations that affect your use of EcoView Tracker.

9. Service Suspension and Termination

9.1 By You

You may cancel your EcoView Tracker subscription at any time by providing written notice to francis@ecosouthernenergy.co.za or as specified in your service agreement. Cancellation terms are set out in our Refund & Cancellation Policy.

9.2 By Eco Southern Energy

We may suspend or terminate your access to EcoView Tracker immediately and without prior notice if:

  • You breach any material term of these Terms of Service or your service agreement
  • You fail to pay subscription fees after reasonable notice
  • Your use of the platform poses a security risk or legal liability
  • We are required to do so by applicable law or regulatory authority

For less serious breaches, we will provide written notice and a reasonable period to remedy the breach before suspending or terminating access.

9.3 Effect of Termination

On termination, your access to the platform will cease. We will provide a full export of your data within 5 business days of termination, in accordance with our data portability obligations under POPIA. After the data retention period, your information will be permanently deleted from our active systems in accordance with our Privacy Policy.

10. Limitation of Liability and Warranties

10.1 No Warranty

EcoView Tracker is provided on an "as is" and "as available" basis. To the maximum extent permitted by South African law, Eco Southern Energy (Pty) Ltd makes no warranties, express or implied, regarding the platform's fitness for any particular purpose, uninterrupted availability, or freedom from errors.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, Eco Southern Energy (Pty) Ltd's total liability to you for any claim arising out of or related to these terms or your use of EcoView Tracker will not exceed the total fees you paid to us in the 12 months preceding the claim. We are not liable for:

  • Loss of revenue or profits, loss of data, or indirect, consequential, or special damages arising from your use of the platform
  • Losses caused by events beyond our reasonable control, including loadshedding, infrastructure failures, or third-party service outages
  • Billing disputes or penalties arising from incorrect tariff information provided by you
  • Actions or omissions of your tenants, property managers, or third-party contractors

10.3 Consumer Rights

Nothing in these Terms of Service limits, excludes, or waives any rights available to consumers under the Consumer Protection Act, 2008, the Electronic Communications and Transactions Act, 2002, or any other applicable South African legislation. Where a conflict exists between these terms and mandatory consumer protection legislation, the legislation prevails.

11. Regulatory Compliance

Eco Southern Energy (Pty) Ltd operates EcoView Tracker in compliance with applicable South African regulations governing utility sub-metering, including NERSA guidelines on electricity reselling and the requirements of the Electricity Regulation Act, 2006.

Property Managers using EcoView Tracker are responsible for ensuring that tariffs applied to tenants comply with all applicable NERSA guidelines and that they hold any required licences or registrations for electricity reselling in their jurisdiction.

EcoView Tracker provides a SARS-compliant VAT invoicing engine. Property Managers are responsible for ensuring their own VAT registration status is accurate and for submitting their own VAT returns.

12. In Case of Problems or Disagreements

12.1 Contact Us First

If you have a complaint, billing dispute, or concern about EcoView Tracker, please contact us first at francis@ecosouthernenergy.co.za. We will make every reasonable effort to resolve your issue within 10 business days.

12.2 Governing Law

These Terms of Service are governed by the laws of the Republic of South Africa. Any dispute arising out of or in connection with these terms that cannot be resolved informally will be submitted to the jurisdiction of the South African courts.

12.3 Mediation

Before initiating formal legal proceedings, the parties agree to attempt mediation in good faith. Where mediation is agreed, it will be conducted in accordance with the Arbitration Foundation of Southern Africa (AFSA) rules, unless otherwise agreed in writing.

12.4 ECTA Dispute Resolution

In terms of the Electronic Communications and Transactions Act, 2002, you may refer unresolved disputes to the accredited Alternative Dispute Resolution agent listed on the .za Domain Authority (ZADNA) or another applicable ECTA-accredited body.

13. Changes to These Terms

Eco Southern Energy (Pty) Ltd may update these Terms of Service from time to time to reflect changes in our services, applicable legislation, or business practices. We will not reduce your rights under these terms without your explicit consent.

Updated terms will be communicated to active clients via email and published on the EcoView Tracker platform at least 30 days before taking effect. Continued use of the platform after the effective date of any update constitutes acceptance of the revised terms.

14. General Provisions

  • Entire Agreement: These Terms of Service, together with your Service Agreement and our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Eco Southern Energy (Pty) Ltd.
  • Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
  • No Waiver: Our failure to enforce any provision of these terms does not constitute a waiver of our right to enforce it in the future.
  • Assignment: You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.
  • Language: These Terms of Service are written in English. In the event of any conflict between an English version and a translated version, the English version prevails