Terms of Service

These terms govern your use of our services and establish the legal framework for our relationship.

Last updated: January 1, 2025 | Effective Date: January 1, 2025

Agreement Overview

These Terms of Service ("Terms") govern your access to and use of the services provided by Techsys Digital (Pty) Ltd, a South African company. These Terms apply to all users of our services, including clients, website visitors, and service recipients.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Acceptance of Terms

By accessing and using the services provided by Techsys Digital (Pty) Ltd ("Company," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and Techsys Digital (Pty) Ltd, a company incorporated under the laws of South Africa.

Services Description

Techsys Digital provides digital agency services including but not limited to:

• Web development and design
• Mobile application development
• Digital marketing services
• Branding and graphic design
• Consulting services
• Software development
• Hosting and maintenance services

All services are provided subject to these Terms and any applicable service-specific terms.

User Responsibilities

You agree to:

• Provide accurate and complete information
• Maintain the confidentiality of your account credentials
• Use our services in compliance with applicable laws and regulations
• Not engage in any activity that interferes with or disrupts our services
• Not use our services for any illegal or unauthorised purpose
• Respect intellectual property rights
• Comply with all applicable South African laws and regulations

You are responsible for all activities that occur under your account.

Payment Terms

Payment terms are as follows:

• All fees are quoted in South African Rand (ZAR) unless otherwise specified
• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payments may incur interest charges at the rate of 2% per month
• We reserve the right to suspend services for non-payment
• Refunds are subject to our refund policy and applicable consumer protection laws
• All prices are exclusive of VAT where applicable

Project-specific payment terms may be outlined in separate agreements.

Intellectual Property

Intellectual property rights are governed as follows:

Our Rights:
• We retain ownership of our proprietary methodologies, tools, and general knowledge
• Our trademarks, logos, and brand materials remain our property
• Pre-existing intellectual property remains ours

Your Rights:
• You retain ownership of your content and data provided to us
• Upon full payment, you receive ownership of custom-developed deliverables
• We may retain a portfolio license to showcase our work

Third-Party Rights:
• Third-party software and tools are subject to their respective licenses
• We will obtain necessary licenses for any third-party components used

Limitation of Liability

To the fullest extent permitted by South African law:

• Our liability is limited to the amount paid for the specific service
• We are not liable for indirect, incidental, or consequential damages
• We do not warrant uninterrupted or error-free service
• You acknowledge that technology services carry inherent risks
• We are not responsible for third-party services or products
• Our liability for data loss is limited to restoration efforts

This limitation applies regardless of the legal theory under which liability is claimed.

Termination

Either party may terminate this agreement with 30 days written notice. We may terminate immediately if you breach these Terms. Upon termination:

  • You must pay all outstanding fees
  • We will provide final deliverables for paid services
  • Each party will return confidential information
  • Surviving clauses will remain in effect

Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of our relationship. This includes business strategies, technical specifications, financial information, and other sensitive data.

Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

Dispute Resolution

Any disputes arising from these Terms will be resolved through:

  1. Good faith negotiation between the parties
  2. Mediation if negotiation fails
  3. Arbitration under the Arbitration Act, 1965 (South Africa)
  4. South African courts as a last resort

These Terms are governed by the laws of South Africa, and any legal proceedings will be conducted in Cape Town, South Africa.

Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, civil unrest, or telecommunications failures.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date.

Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Techsys Digital (Pty) Ltd

Email: legal@techsys.co.za

Phone: +27 (0) 21 788 6896

Address: Cape Town, South Africa

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