The terms on which Mongwalo provides the service
Effective date: to be set at go-live. These terms govern the use of the Mongwalo document signing platform and the mongwalo.co.za website. By creating an account, signing a document on the platform, or using the service in any other way, you accept these terms.
Who provides the service
The service is provided by Mongwalo, operated by Clekzo Studio, Johannesburg, South Africa. Enquiries can be sent to [email protected].
What the service is
Mongwalo is a platform for sending, signing and sealing documents electronically. An account holder uploads a document and invites signers by email. Signers sign from any device without needing an account. When the last signature is placed, the document is sealed with a digital signing certificate and every party receives the final copy with its audit trail.
Mongwalo's role: a platform, not a party
Mongwalo provides the signing platform only. Mongwalo is not a party to any agreement signed on the platform, and does not review, approve or endorse the content of any document.
- The content, accuracy, lawfulness and enforceability of every document rest with the parties who sign it.
- Whether a particular document is suitable for electronic signing, and whether it meets any formal requirements that apply to it, is the responsibility of the signing parties.
- Mongwalo does not provide legal advice. If you are unsure about a document or its signing requirements, consult your attorney before signing.
Electronic signatures
Signatures made on Mongwalo are standard electronic signatures under South Africa's Electronic Communications and Transactions Act 25 of 2002. They are appropriate for everyday business agreements. Mongwalo does not produce advanced electronic signatures, which require an accredited authentication provider under that Act. A small set of documents, such as wills and transfers of immovable property, carry additional formal requirements; for those, or for any high-stakes agreement, confirm the signing requirements with your attorney first.
Your responsibilities
- Provide accurate account and signer information, and keep your login credentials confidential.
- Only invite people to sign documents they have a genuine reason to sign, and only use personal information of signers as permitted by law.
- Do not use the platform for unlawful content, impersonation, fraud, or documents you have no authority to send.
- Do not attempt to interfere with the platform's operation or security, or to access another person's documents or account.
Mongwalo may suspend or close an account that breaches these responsibilities.
Your documents and your data
Documents uploaded to the platform remain yours. Mongwalo processes documents and personal information only to provide the service, as described in the privacy notice. Sealed documents and their audit trails are legal records and are retained as described there.
Service availability
Mongwalo aims to keep the service available and reliable, but does not guarantee uninterrupted or error-free operation. Planned maintenance and events beyond Mongwalo's reasonable control may affect availability. Completed documents are delivered to every party by email, so a copy of every sealed document exists outside the platform.
Fees
Access to the platform is provided under the service arrangement agreed with you. Current pricing is available on request from [email protected].
Liability
To the extent permitted by South African law, the service is provided as is, and Mongwalo is not liable for loss arising from the content of documents signed on the platform, from a document failing to meet formal requirements that apply to it, or from events beyond Mongwalo's reasonable control. Nothing in these terms excludes liability that cannot lawfully be excluded, or limits any right you have under the Consumer Protection Act or POPIA that cannot be limited by agreement.
Suspension and termination
You may stop using the service and ask for your account to be closed at any time. Mongwalo may suspend or terminate access for breach of these terms, for non-payment under the applicable service arrangement, or if the service is discontinued, with reasonable notice where practicable. Retention of sealed documents and audit trails after closure follows the privacy notice.
Changes to these terms
If these terms change, the updated version will be published on this page with a new effective date. Continued use of the service after the effective date constitutes acceptance of the updated terms.
Governing law
These terms are governed by the law of the Republic of South Africa.
Contact
Questions about these terms can be sent to [email protected].