Terms & Conditions

Last Updated: December 2025

1. INTRODUCTION

Welcome to Auckmund Investment CC ("Company", "we", "our", "us").

These Terms and Conditions ("Terms", "Terms of Service", "Agreement") govern your use of our website located at https://auckmund.com and all services provided by Auckmund Investment CC, including but not limited to:

• SMS Broadcasting Services
• AI Solutions (chatbots, automation, RAG systems)
• Software Development (websites, mobile apps, custom applications)
• Hosting & Cloud Services (domain registration, email hosting, website hosting)
• IT Consultation Services

Please read these Terms carefully before using our Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

2. DEFINITIONS

SERVICE means all services provided by Auckmund Investment CC, including the website https://auckmund.com and all related services.

CLIENT or YOU or YOUR means the individual, business entity, or organization that enters into an agreement with Auckmund Investment CC to receive services.

RECIPIENT means any individual whose contact information is provided by a Client for the purpose of receiving SMS messages or other communications.

PERSONAL DATA means any information relating to an identified or identifiable natural person.

CONTACT DATA means mobile phone numbers, names, email addresses, and other contact information provided by Clients for SMS broadcasting services.

SMS BROADCASTING means the service of sending bulk SMS messages to multiple recipients simultaneously.

CONTENT means any information, text, graphics, videos, messages, contact lists, or other material uploaded, submitted, or transmitted through our Service.

AGREEMENT means these Terms and Conditions together with our Privacy Policy.

3. ACCEPTANCE OF TERMS

3.1 Binding Agreement

By using our Service, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You have the legal capacity and authority to enter into this Agreement
• If representing a business entity, you have the authority to bind that entity

3.2 Age Requirement

You must be at least 18 years of age to use our Service. By using the Service, you represent and warrant that you are at least 18 years old.

3.3 Business Use

Our Service is primarily intended for business and commercial use. If you are using the Service for personal purposes, these Terms still apply.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

To access certain features of our Service, you must create an account. When creating an account, you must:

• Provide accurate, complete, and current information
• Complete all mandatory information fields
• Maintain and promptly update your information to keep it accurate
• Not use a name or identifier that infringes on the rights of others
• Not use offensive, vulgar, or obscene usernames

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Restricting access to your computer and account
• Immediately notifying us of any unauthorized access or security breach

We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

4.3 Account Termination

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel services in our sole discretion, including but not limited to situations where:

• You breach these Terms
• You provide false or misleading information
• Your account is inactive for 12 consecutive months
• We are required to do so by law
• Continuing your account would cause harm to our Service or other users

5. SMS BROADCASTING SERVICES

5.1 Service Description

Our SMS broadcasting service enables Clients to send bulk SMS messages to multiple recipients. The service includes:

• Custom sender address configuration
• Contact database management
• Message scheduling and automation
• Delivery reporting and analytics
• Opt-out management

5.2 Client Responsibilities and Warranties

By using our SMS broadcasting service, you represent and warrant that:

Consent and Authorization:

• You have obtained proper consent from all Recipients to send them SMS messages
• Recipients have been informed about the nature and purpose of communications
• You have the legal right to share Contact Data with us
• Recipients have been informed of their right to opt-out

Compliance with Laws:

• You will comply with all applicable laws and regulations, including CRAN regulations
• You will comply with the MTC Code of Conduct for Wireless Application Service Providers
• You will not send spam or unsolicited commercial communications
• You will honor all opt-out requests immediately

Message Content:

• Message content is lawful, accurate, and not misleading
• Messages do not infringe on intellectual property rights
• Messages do not contain harmful, defamatory, or offensive content
• Messages comply with industry-specific regulations (financial services, healthcare, etc.)

Data Accuracy:

• Contact Data provided is accurate and up-to-date
• Mobile phone numbers are correctly formatted
• You will promptly remove invalid or incorrect numbers

5.3 Prohibited Uses of SMS Service

You may NOT use our SMS broadcasting service to send:

• Spam or unsolicited commercial communications
• Messages to individuals who have not provided consent
• Messages containing illegal content
• Messages promoting illegal activities
• Adult content (except where explicitly permitted and properly age-gated)
• Messages that harass, threaten, or defame individuals
• Messages that violate intellectual property rights
• Messages impersonating others or containing false information
• Messages to children under 18 without parental consent
• Messages during prohibited hours (20:00 - 06:00) unless explicitly consented

5.4 Opt-Out Requirements

You must:

• Include opt-out mechanisms in all commercial SMS messages
• Honor all opt-out requests immediately (within 24 hours maximum)
• Maintain your own opt-out lists in addition to those we maintain
• Not contact Recipients who have opted out
• Provide opt-out instructions that are clear and easy to follow (e.g., "Reply STOP to opt-out")

5.5 Pricing and Payment

Setup Fee: A one-time setup fee of N$1,120.00 applies to new SMS broadcasting clients.

SMS Rates: Volume-based pricing applies:

• Up to 1,200 SMS: N$1.00 per SMS
• 1,201 - 5,000 SMS: N$0.80 per SMS
• 5,001 - 10,000 SMS: N$0.70 per SMS
• 10,001+ SMS: N$0.60 per SMS

Payment Terms:

• All services are prepaid
• Setup fee must be paid before configuration begins
• SMS credits must be purchased before messages are sent
• Credits are valid for 12 months from purchase date
• Failed deliveries are automatically credited back to your account

5.6 Delivery Guarantee

We guarantee a 95%+ delivery rate to valid, active mobile phone numbers on the MTC Namibia network. We cannot guarantee delivery:

• To numbers outside the MTC network (though we support them where possible)
• To invalid or disconnected numbers
• To numbers that have blocked our sender addresses
• During network outages beyond our control

Failed messages are automatically credited back to your account.

5.7 Reporting

After each campaign, we provide detailed reports including:

• Total messages sent
• Successfully delivered messages
• Failed deliveries with reasons
• Opt-out requests
• Delivery timestamps
• Campaign performance analytics

6. AI SOLUTIONS SERVICES

6.1 Service Description

Our AI solutions include:

• AI chatbots for customer service
• AI agents for task automation
• RAG (Retrieval-Augmented Generation) systems
• Customer care automation across WhatsApp, Instagram, and Facebook
• Custom AI automation solutions

6.2 Client Responsibilities

When using our AI solutions, you are responsible for:

• Providing accurate training data and business information
• Reviewing and approving AI responses before deployment
• Monitoring AI performance and reporting issues
• Ensuring AI communications comply with applicable laws
• Maintaining human oversight where required by law or regulation

6.3 AI Limitations

You acknowledge that:

• AI systems are not perfect and may make errors
• AI-generated content should be reviewed by humans when appropriate
• We are not liable for decisions made based solely on AI recommendations
• AI systems require ongoing training and optimization

7. SOFTWARE DEVELOPMENT SERVICES

7.1 Service Scope

Our software development services include:

• Website development (corporate sites, e-commerce, custom applications)
• Mobile app development (Android and iOS)
• Information management systems
• Payment gateway integration
• Custom business applications

7.2 Development Process

Projects follow this general process:

• Consultation and requirements gathering
• Proposal and quotation
• Agreement and deposit (typically 50%)
• Design and development with regular updates
• Testing and quality assurance
• Client review and revisions
• Final payment and delivery
• Training and handover
• Post-launch support period

7.3 Intellectual Property

Client-Owned Content: You retain all rights to content, data, logos, and materials you provide to us.

Custom Development: Unless otherwise agreed in writing:

• You own the final delivered product
• We retain rights to reusable components, frameworks, and methodologies
• We may showcase the project in our portfolio (with your permission)

Third-Party Components: Some projects may include third-party libraries, frameworks, or components. You receive appropriate licenses to use these components as part of the delivered solution.

7.4 Revisions and Changes

• Reasonable revisions during development are included in project quotes
• Major scope changes require additional quotations
• Post-delivery changes are subject to additional fees
• We aim to accommodate your needs while maintaining project timelines

8. HOSTING & CLOUD SERVICES

8.1 Services Provided

Our hosting services include:

• Domain name registration and management
• Professional email hosting
• Website hosting (shared, VPS, dedicated)
• Database hosting
• SSL certificate provision and management
• Regular backups

8.2 Uptime Guarantee

We strive to maintain 99.9% uptime for our hosting services. However, we are not liable for downtime caused by:

• Scheduled maintenance (with reasonable notice)
• Circumstances beyond our control (natural disasters, power outages, network failures)
• DDoS attacks or other malicious activities
• Client actions that affect service availability

8.3 Data Backups

We perform regular backups of hosted data. However:

• Backups are for disaster recovery purposes, not guaranteed data restoration
• You are responsible for maintaining your own backups of critical data
• We are not liable for data loss
• Backup restoration may incur fees

8.4 Resource Limits

Hosting plans have specific resource limits (storage, bandwidth, email accounts). We may:

• Suspend services that exceed allocated resources
• Require you to upgrade to appropriate plans
• Charge additional fees for resource overages

8.5 Prohibited Content

You may not host:

• Illegal content
• Malware, viruses, or malicious code
• Content that infringes intellectual property rights
• Adult content (on shared hosting)
• Content that generates excessive resource usage
• Phishing or scam websites
• Content that violates third-party rights

9. IT CONSULTATION SERVICES

9.1 Service Description

Our IT consultation services include:

• Technology needs assessment
• Hardware and software recommendations
• System integration planning
• Network design and setup
• Cybersecurity consultation
• Ongoing IT support

9.2 Advisory Nature

You acknowledge that:

• Consultation services are advisory in nature
• Final decisions regarding technology purchases and implementations are yours
• We are not liable for outcomes of decisions made based on our recommendations
• Technology recommendations are based on information available at the time
• You should conduct your own due diligence before making significant investments

10. PAYMENT TERMS

10.1 Pricing

All prices are quoted in Namibian Dollars (N$) and exclude VAT unless otherwise stated.

10.2 Payment Methods

We accept:

• Bank Transfer (EFT)
• Cash payments at our office
• Credit/Debit card payments
• MTC Mobile Money

10.3 Payment Schedule

SMS Broadcasting: Prepaid. Setup fee and SMS credits must be paid before services commence.

Software Development: Typically 50% deposit to begin, 50% on completion. Specific terms outlined in project proposals.

Hosting Services: Monthly or annual subscriptions, paid in advance.

IT Consultation: Hourly rates or project-based fees as agreed.

10.4 Late Payments

• Services may be suspended for non-payment
• Late payment fees may apply
• Outstanding debts may be referred to collection agencies
• Legal costs for debt collection are your responsibility

10.5 Refunds

SMS Broadcasting: Unused credits may be refunded within 30 days of purchase, minus 10% administrative fee. Setup fees are non-refundable after work has commenced.

Software Development: Deposits are non-refundable once work has begun. Refunds for incomplete projects are at our discretion.

Hosting Services: Monthly subscriptions may be cancelled with 30 days notice. No refunds for partial months. Annual subscriptions may be refunded pro-rata within 30 days of purchase.

IT Consultation: Fees for completed work are non-refundable.

11. CONTENT AND DATA

11.1 Your Content

You retain ownership of all content you upload, submit, or transmit through our Service ("Your Content"). However, by providing Your Content to us, you grant us a limited license to:

• Use Your Content to provide the services you've requested
• Store, backup, and transmit Your Content
• Display Your Content as necessary to deliver services
• Make technical modifications necessary for service delivery

11.2 Your Content Responsibilities

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any laws or third-party rights
• Your Content does not contain viruses or malicious code
• Your Content complies with these Terms

11.3 Prohibited Content

You may not upload, post, or transmit content that:

• Is illegal or promotes illegal activities
• Infringes intellectual property rights
• Contains malware or harmful code
• Is defamatory, harassing, or threatening
• Violates privacy rights
• Contains false or misleading information
• Is inappropriate for minors
• Violates any applicable laws or regulations

11.4 Our Right to Remove Content

We reserve the right, but have no obligation, to:

• Monitor Your Content
• Remove or refuse to post any Content
• Terminate your access for Content violations
• Cooperate with law enforcement regarding illegal Content

11.5 Backup Responsibility

While we implement backup procedures, you are ultimately responsible for maintaining your own backups of all critical data and content. We are not liable for any loss of Your Content.

12. COMPLIANCE WITH CODE OF CONDUCT

12.1 MTC Code of Conduct

As a Wireless Application Service Provider utilizing MTC Namibia's network for SMS services, we are bound by the MTC Code of Conduct for Wireless Application Service Providers.

By using our SMS broadcasting services, you agree to comply with the provisions of this Code of Conduct, including but not limited to:

Professional Conduct:

• Conducting business lawfully and professionally
• Not offering services you cannot provide
• Respecting intellectual property rights

Customer Relations:

• Providing honest and accurate information
• Not disseminating false or deceptive information
• Respecting customer privacy and confidentiality

Commercial Communications:

• Not sending spam
• Including valid sender identification in all messages
• Providing opt-out mechanisms
• Honoring opt-out requests immediately
• Not sending messages between 20:00 and 06:00 (unless consented)

Content Standards:

• Not transmitting illegal content
• Not providing services with harmful, defamatory, or offensive content
• Appropriate handling of adult services (where applicable)
• Protection of children from inappropriate content

12.2 CRAN Compliance

We operate in compliance with Communications Regulatory Authority of Namibia (CRAN) regulations. You agree to cooperate with any regulatory inquiries or investigations.