Terms of Service

1. Parties

These Terms of Service (the "Terms") form a binding agreement between you ("Customer", "you") and Afrika Cargo Flow Logistics (Pty) Ltd, registration number [Company Registration Number, to be added], with registered address at Cape Town & Johannesburg, South Africa ("Afrika Cargo Flow", "we", "us").

2. Services

Afrika Cargo Flow operates an online logistics marketplace that connects cargo owners with verified transporters and warehouse operators across Africa. Services include freight quotation, booking, tracking, warehousing, cross-border coordination, and related ancillary services.

3. Account & Eligibility

• You must be 18 years or older and legally capable of entering into binding contracts.
• Corporate accounts must be opened by an authorised representative.
• You agree to provide accurate FICA / KYC information and supporting documents on request.
• We may suspend or terminate accounts that fail verification or breach these Terms.

4. Bookings & Quotations

• Quotations are valid for the period stated on the quote and are subject to availability.
• A booking is only confirmed once payment (or accepted credit terms) has been received.
• Cargo declarations must be accurate. Misdeclaration may result in additional charges, delays, or refusal of service.

5. Pricing, Payment & Currency

• Prices are quoted in ZAR by default, and may be quoted in USD or other supported currencies for international clients.
• VAT is charged at 15% where applicable in South Africa and is remitted to SARS.
• Domestic ZAR payments are processed via PayFast (instant) or EFT.
• International payments are settled via SWIFT bank transfer to our nominated account. Bank charges are for the sender's account.
• For invoices exceeding R500,000, milestone-based escrow release may apply (see Section 9).
• Late payments accrue interest at the prime lending rate + 2%.
• A full breakdown of platform fees, operator payouts, and ancillary charges is published in our Fee Schedule, which forms part of these Terms.

5A. Platform Administration & Management Fee

Afrika Cargo Flow operates as an intermediary between cargo owners and independent transporters, warehouse operators, and clearing agents. To fund platform operations, dispatch, customer support, insurance administration, payment processing, and compliance, a platform administration & management fee is applied to every booking. The fee is calculated on the operator subtotal (before VAT) and is bundled into the price shown to the customer.

• Trucking / haulage: 15% platform fee on the transport subtotal.
• Warehousing: 12% platform fee on the storage and handling subtotal.
• Cross-border & customs coordination: 18% platform fee on the cross-border subtotal.
• Urgent / abnormal loads surcharge: an additional 3% on top of the applicable rate above.

Every operator invoice and payout statement issued through the platform itemises: (a) the gross booking value, (b) the platform administration & management fee retained by Afrika Cargo Flow, and (c) the net amount payable to the operator. By accepting a booking through the platform, the operator acknowledges and consents to the deduction of this fee from settlement. Default percentages may be adjusted from time to time and the rate applicable to a booking is the rate in force on the date the quotation is issued.

6. Insurance & Liability

• Standard goods-in-transit cover applies up to the limit shown on each booking.
• For declared values above the standard limit, additional insurance must be purchased.
• Our maximum aggregate liability is limited to the value of the relevant booking, save for liability that cannot be excluded under South African law.
• We are not liable for indirect, consequential, or pure economic loss.

7. Cargo Restrictions

We do not transport prohibited or illegal goods, including but not limited to: narcotics, unlicensed firearms, counterfeit goods, hazardous materials without proper documentation, live animals without permits, and human remains. Hazardous goods require advance disclosure and may incur additional charges.

8. Cross-Border Shipments

For cross-border freight, the customer is responsible for accurate commercial invoices, packing lists, certificates of origin, and any required permits. Customs duties, VAT, and clearing fees in the destination country are for the customer's account unless otherwise agreed in writing.

9. Escrow & Milestone Payments

For freight worth more than R500,000, payment may be held in escrow and released against verified milestones (typically: 30% on collection, 40% on cross-border crossing, 30% on delivery confirmation). Milestone evidence is captured via GPS, signed PODs, and customs stamps.

10. Cancellation & Refunds

• Cancellations more than 48 hours before collection: full refund less a 5% admin fee.
• Cancellations within 48 hours: 50% cancellation fee.
• Cancellations after collection: no refund, less any unrendered portion of the service.

11. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including strikes, civil unrest, border closures, natural disasters, pandemics, or government action.

12. Data Protection

We process personal data in accordance with the Protection of Personal Information Act, 2013 (POPIA) and, where applicable, the EU General Data Protection Regulation (GDPR). See our Privacy Policy, POPIA Notice, and GDPR Notice.

13. Dispute Resolution

The parties will first attempt to resolve disputes through good-faith negotiation. Failing that, disputes will be referred to arbitration under the AFSA expedited rules, seated in Johannesburg, in English.

14. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified by email and posted on this page at least 14 days before they take effect.

16. Contact

Legal queries: legal@afrikacargoflow.com
General support: support@afrikacargoflow.com