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ECT Act No. 4 of 2021
Commercial Operating Agreement

Terms of Use & Service Agreement

Effective Date: 10 September 2026 · Governed by the Laws of the Republic of Zambia · Seated in the High Court of Zambia (Commercial Division).

Binding Contract & Electronic Assent

By accessing Contour, using the agent control suite, or submitting verification documentation through our client upload portal, you enter into a legally binding agreement under Section 30 of the Electronic Communications and Transactions (ECT) Act No. 4 of 2021 of the Republic of Zambia.

01.Permitted Use & Real Estate Scope

Contour is a specialized enterprise platform for licensed real estate brokerages, negotiators, landlords, and property clients in Southern Africa. You agree to use the platform exclusively for legitimate property transactions, tenancy management, mandate administration, and compliance diligence.

02.Title Deeds & Ministry of Lands Custody Disclaimer

Digital copies of Certificates of Title, Ministry of Lands folios, and boundary diagrams stored in Contour provide secure operational reference and audit trails. However:

Statutory Disclaimer (Lands & Deeds Registry Act, Cap 185): Digital storage in Contour does not constitute or replace statutory registration with the Registrar of Lands and Deeds. Physical execution, stamping, and official registry lodgement remain governed by the Ministry of Lands and Natural Resources of Zambia.

03.Client Document Upload Warranties

When utilizing the secure Client Upload Portal (`/upload/[token]`):

  • You warrant that all uploaded National Registration Cards (NRC), passport scans, utility bills, and Pacra documents are genuine and unmanipulated.
  • You represent that you possess legal authority to furnish the documentation for the associated real estate transaction.
  • Uploading fraudulent, forged, or unauthorized third-party documents constitutes an offense under the Penal Code Act (Cap 87) and will be reported to law enforcement.

04.Tenant Data Sovereignty & Anti-Poaching Guarantee

Contour guarantees strict multi-tenant isolation:

  • Zero Cross-Tenant Leakage: Your agency's listings, landlord records, commission splits, and client data are never accessible to competitor agencies.
  • Zero Commercial Exploitation: Contour does not sell, license, or use your private property documents to train public commercial AI models.

05.Archived Listing Custodial Lock Policy

In compliance with statutory tax and conveyancing retention requirements (Zambia DPA Section 26):

When a property listing is terminated, sold, or archived, its document vault enters an immutable, read-only custodial state for seven (7) years. New files cannot be added, and existing files cannot be altered or deleted, ensuring permanent auditability for ZRA and property regulatory checks.

06.Limitation of Liability & Infrastructure Realities

Contour is engineered with PowerSync offline-first replication to withstand local power outages (load shedding) and spotty connectivity. However, Contour shall not be held liable for conveyancing losses resulting from national telecommunications failures, power grid disruptions, or third-party bank settlement delays.

07.Governing Law & Arbitration in Lusaka

This agreement is governed by the laws of the Republic of Zambia. Any dispute that cannot be resolved amicably within 14 days shall be referred to final and binding arbitration in Lusaka under the Arbitration Act No. 19 of 2000 of Zambia, conducted in English by an arbitrator appointed by the Chartered Institute of Arbitrators (Zambia Branch).

08.B2B SaaS Subscription Billing, Auto-Renewals & Suspension

Contour offers tiered agency subscriptions (Starter, Growth, Enterprise) billed monthly or annually in Zambian Kwacha (ZMW) or United States Dollars (USD) processed via authorized gateways (Paystack and Lenco):

  • Recurring Billing: Subscriptions automatically renew at the close of each billing cycle unless cancelled prior to renewal via the billing portal.
  • Non-Refundable Fees: Invoiced SaaS seat licenses and vault storage allocations are non-refundable once provisioned.
  • Payment Default & Grace Period: If payment fails, your workspace enters a seven (7) day grace period. Accounts remaining in default after seven days are switched to read-only custodial mode. Data is retained pursuant to our 7-year conveyancing retention policy.

09.Service Level Expectations & PowerSync Load-Shedding Resilience

Contour is purpose-built for Southern African infrastructure realities:

  • Zero-Latency Offline Execution: Field agent kiosks and tablets operate with client-side local SQLite (PowerSync WASM), ensuring full viewing, capture, and listing generation during national ZESCO power outages and mobile network dropouts.
  • Cloud Synchronization SLA: Cloud syncing operates on best-effort commercial standards during public utility downtime. Once internet connectivity is restored, mutations queued in the local outbox automatically reconcile with the primary PostgreSQL database with idempotent verification.
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