Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Kundai Solutions Limited, trading as Skulink ("we," "us," or "our"), governing your access to and use of the Skulink school fee management platform (the "Platform"), accessible at skulink.co.zw and any related mobile applications or services.

By accessing or using the Platform, whether as a school administrator, parent, guardian, or other user, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform.

These Terms are governed by the laws of Zimbabwe. Our registered address is:
Kundai Solutions Limited (trading as Skulink)
Registered in Zimbabwe
608 Borrowdale Brooke Road, Harare, Zimbabwe
Email: info@skulink.co.zw

2. Definitions

In these Terms, unless the context otherwise requires:

• "Platform" means the Skulink school fee management system, including the website, software, databases, and related services.
• "School" means any educational institution that registers for and uses the Platform to manage student fees.
• "Administrator" means a school employee or authorised representative with access to the school's account on the Platform.
• "Parent" or "Guardian" means the legal guardian, parent, or authorised payer responsible for a student's school fees.
• "Student" means an individual enrolled at a School whose fee information is managed through the Platform.
• "User" means any person who accesses or uses the Platform, including Schools, Administrators, Parents, and Guardians.
• "Payment Services" means any online payment processing functionality provided through our authorised third-party payment processor, where available.

3. Eligibility and Account Registration

3.1 Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• If representing a School, have the authority to bind that School to these Terms
• Not be prohibited from using the Platform under the laws of Zimbabwe or your jurisdiction

3.2 School Registration

Schools must register for an account by providing accurate, complete, and current information, including:

• School name and official registration details
• Physical address and contact information
• Administrator name, email address, and telephone number
• Banking details for payment settlements

Schools are responsible for maintaining the accuracy of this information and updating it promptly when changes occur.

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account login credentials
• All activities that occur under your account, whether authorised or not
• Notifying us immediately at info@skulink.co.zw if you suspect unauthorised access to your account
• Using strong, unique passwords and changing them regularly

We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorised use of your account.

4. Platform Services

4.1 Services Provided

Skulink provides a cloud-based platform that enables Schools to:

• Manage student enrolment and fee structures
• Create and assign fee items (tuition, uniforms, activities, etc.) to students
• Track student account balances, payments, and outstanding fees
• Record cash payments and bank deposits made at the school
• Generate and email professional PDF receipts to parents
• Set up instalment payment plans with automated reminders
• Export payment reports and student ledgers to CSV format
• Send email notifications for payment confirmations and reminders

4.2 Service Availability

We strive to maintain Platform availability 24/7, but we do not guarantee uninterrupted or error-free service. The Platform may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Technical issues beyond our reasonable control
• Internet service provider or hosting infrastructure outages

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We will use reasonable efforts to provide advance notice of material changes that negatively affect functionality. We are not liable for any modification, suspension, or discontinuation of services.

5. Payment Terms

5.1 Payment Processing

Where online payment options are available, payments are processed by our authorised payment service provider. By making a payment through the Platform, you agree to that provider's terms and conditions. We do not store or have access to your full payment card details.

5.2 Payment Authorisation

When you initiate a payment, you authorise us to instruct our payment service provider to charge your selected payment method for the amount specified. You represent and warrant that:

• You have the legal right to use the payment method provided
• The payment information you provide is accurate and current
• You are authorised to make payments on behalf of the student if you are not the account holder

5.3 Payment Confirmation and Receipts

Upon successful payment processing:

• You will receive an on-screen confirmation with a transaction reference number
• A PDF receipt will be automatically emailed to the email address provided
• The student's account balance will be updated in real-time
• The School will be notified of the payment

5.4 Failed or Rejected Payments

Payments may be rejected or fail due to:

• Insufficient funds in your account
• Incorrect payment details or expired cards
• Security or fraud prevention measures by your bank or payment service provider
• Technical issues with payment networks

If a payment fails, you will be notified immediately and no charge will be made to your account. You may attempt the payment again or use an alternative payment method.

5.5 Refunds and Disputes

Refund Policy: All school fee payments are final and non-refundable unless:

• There was a technical error that resulted in duplicate charges
• You were charged an incorrect amount due to a Platform error
• The School agrees to issue a refund in accordance with their own fee policies

Dispute Process: To dispute a payment or request a refund:

1. Contact the School directly to resolve fee-related disputes
2. If the issue relates to a technical error on the Platform, contact us at info@skulink.co.zw within 14 days of the transaction
3. Provide transaction details: receipt number, date, amount, and reason for dispute
4. We will investigate and respond within 14 business days

Approved refunds will be credited to the original payment method within 10-14 business days, subject to processing times by your bank or mobile money provider.

5.6 Currency and Fees

All fees are displayed and charged in United States Dollars (USD) or Zimbabwean currency as specified by the School. Payment processing fees charged by our payment service provider may apply and will be displayed before you confirm the transaction.

6. School Responsibilities and Obligations

6.1 Data Accuracy

Schools are solely responsible for:

• Ensuring all student information entered into the Platform is accurate, complete, and up-to-date
• Verifying fee amounts, due dates, and account balances before communicating them to parents
• Obtaining necessary consents from parents/guardians to process student personal information
• Complying with applicable data protection laws regarding student information

6.2 Payment Settlements

For online payments processed through our payment service provider:

• Funds will be settled to the School's registered bank account according to the provider's settlement schedule (typically 3-5 business days)
• Schools are responsible for ensuring their banking details are accurate and current
• We are not responsible for delays caused by incorrect banking information or issues with the School's bank

6.3 Fee Disputes

Schools are solely responsible for resolving all disputes with parents/guardians regarding:

• Fee amounts charged to students
• Discounts, scholarships, or fee waivers
• Allocation of payments to specific fee items
• Outstanding balances or account adjustments

We provide the Platform as a tool for fee management but are not party to the contractual relationship between Schools and parents/guardians.

7. Acceptable Use and Prohibited Conduct

7.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will:

• Comply with all applicable laws and regulations in Zimbabwe and your jurisdiction
• Provide accurate, truthful information when using the Platform
• Respect the intellectual property rights of Skulink and third parties
• Use the Platform only for legitimate school fee management purposes

7.2 Prohibited Conduct

You must not:

• Attempt to gain unauthorised access to the Platform, other user accounts, or our systems
• Use the Platform to transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Platform's operation or servers
• Use automated scripts, bots, or scrapers to access the Platform
• Reverse engineer, decompile, or attempt to extract source code from the Platform
• Remove, obscure, or alter any copyright, trademark, or proprietary notices
• Use the Platform to facilitate fraud, money laundering, or other illegal activities
• Resell, sublicense, or commercially exploit the Platform without our written consent
• Harass, threaten, or impersonate other users
• Upload or transmit false, misleading, or defamatory content

7.3 Consequences of Violation

Violation of these Terms may result in:

• Immediate suspension or termination of your account without notice
• Removal of content or data
• Legal action to recover damages or obtain injunctive relief
• Reporting to law enforcement authorities for criminal conduct

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Platform, including its software, design, text, graphics, logos, trademarks, and all other content (excluding user-generated content), is owned by Skulink and protected by copyright, trademark, and other intellectual property laws of Zimbabwe and international treaties.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose. This licence does not include any right to:

• Reproduce, modify, distribute, or create derivative works from the Platform
• Use our trademarks, logos, or branding without prior written permission
• Access the Platform's source code or underlying technology

8.2 User Data

You retain all ownership rights to the data you input into the Platform (student information, fee records, etc.). By using the Platform, you grant us a limited licence to:

• Store, process, and display your data as necessary to provide the Platform services
• Create anonymised, aggregated statistics for analytics and service improvement (no personally identifiable information)
• Back up your data for disaster recovery purposes

This licence terminates when you delete data from the Platform or when your account is closed, except for data we are required to retain by law.

9. Disclaimers and Warranties

9.1 "AS IS" Provision

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Guarantee of Accuracy

We do not warrant that:

• The Platform will meet your specific requirements or expectations
• The Platform will be uninterrupted, timely, secure, or error-free
• Data displayed on the Platform will always be accurate, complete, or current
• Defects or errors will be corrected within any specific timeframe

9.3 Third-Party Services

The Platform integrates with third-party services (payment providers, email service providers, etc.). We are not responsible for:

• The availability, accuracy, or performance of third-party services
• Any loss or damage resulting from reliance on third-party services
• Changes to third-party terms, pricing, or service discontinuation

9.4 User Responsibility

You acknowledge and agree that:

• You are solely responsible for verifying the accuracy of data before relying on it for important decisions
• You should maintain independent records and backups of critical data
• You use the Platform at your own risk

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY ZIMBABWEAN LAW, SKULINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services or technology
• Business interruption or downtime
• Reputational harm

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

10.2 Liability Cap

Our total liability to you for all claims arising out of or related to these Terms or the Platform, whether in contract, tort, or otherwise, shall not exceed the greater of:

• USD $100 (One Hundred United States Dollars), or
• The amount you have paid to us for use of the Platform in the 12 months preceding the claim (if applicable)

10.3 Exceptions

The limitations in this Section 10 do not apply to:

• Liability for death or personal injury caused by our negligence
• Liability for fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

11. Indemnification

You agree to indemnify, defend, and hold harmless Skulink, its officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Any dispute between you and a parent, guardian, or other Platform user
• Inaccurate or unlawful data you provide or upload to the Platform
• Your failure to obtain necessary consents for processing student personal information

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

12. Termination

12.1 Termination by You

You may terminate your use of the Platform at any time by:

• Discontinuing use of the Platform and deleting your account through your account settings, or
• Contacting us at info@skulink.co.zw to request account closure

12.2 Termination by Us

We may suspend or terminate your access to the Platform immediately, without prior notice, if:

• You breach these Terms or our Privacy Policy
• We suspect fraudulent, abusive, or illegal activity
• We are required to do so by law or court order
• Continued provision of services would pose a security risk
• Your account has been inactive for more than 24 months

12.3 Effect of Termination

Upon termination of your account:

• Your access to the Platform will be immediately revoked
• We will retain your data for the periods specified in our Privacy Policy (minimum 2 years for inactive accounts, 7 years for financial records)
• You may request a copy of your data within 30 days of termination by contacting info@skulink.co.zw
• Sections of these Terms that by their nature should survive termination will remain in effect (including indemnification, limitation of liability, and dispute resolution provisions)

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law principles.

13.2 Jurisdiction

You irrevocably agree that the courts of Zimbabwe shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Platform.

13.3 Informal Resolution

Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by:

1. Sending a written description of the dispute to info@skulink.co.zw
2. Allowing us 30 days to investigate and respond with a proposed resolution
3. Engaging in good faith negotiations to reach an amicable settlement

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skulink regarding use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

14.2 Amendments

We may amend these Terms at any time by posting the revised Terms on the Platform. Material changes will be notified to Schools via email. Your continued use of the Platform after changes become effective constitutes acceptance of the amended Terms. If you do not agree to the changes, you must discontinue use of the Platform.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Skulink.

14.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labour disputes, government actions, internet service failures, power outages, or natural disasters.

14.7 Third-Party Beneficiaries

These Terms are for the benefit of you and Skulink only. No third party shall have any right to enforce any provision of these Terms.

15. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us: