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Legal

Terms of Service

Last updated: 22 September 2025

The terms under which Ndayeni Solutions provides IT services, support, training and digital products to clients in South Africa.

Section 01
Introduction & Acceptance of Terms

These Terms of Service govern all IT services, support, training and digital products provided by Ndayeni Solutions Pty Ltd, a South African-registered technology company based in Kaalfontein, Midrand.

By engaging our services — whether by signing a quote, accepting a Service Level Agreement, making a payment, or otherwise requesting work from us — you confirm that you have read, understood and accept these terms on behalf of yourself or the entity you represent.

Where you have a signed written contract with us that conflicts with these terms, the signed contract takes precedence. These terms apply only to the extent they are not overridden by that written agreement.

We provide services to consumers and businesses in South Africa and, where applicable, the Consumer Protection Act 68 of 2008 applies to our engagements. Nothing in these terms is intended to exclude, restrict or limit any right that may not lawfully be excluded under South African law.

Section 02
Definitions

In these terms, unless the context requires otherwise:

“we” / “us” / “our”
means Ndayeni Solutions Pty Ltd, registration in the Republic of South Africa, with its registered office at 4099 Finger Fish Street, Kaalfontein, Midrand, 1635.
“you” / “client”
means the person or entity that engages us to provide Services, and any authorised representative acting on that entity’s behalf.
“Services”
means the IT support, computer repairs, networking and Wi-Fi, CCTV and security, printer and office technology, web design, graphic design, digital automation, branding and digital skills training services we offer, as further described in Section 3.
“Quote”
means a written estimate issued by us setting out the scope of work and the estimated or fixed price for the Services.
“SLA”
means a Service Level Agreement for ongoing IT support, entered into between us and the client, typically under one of our Care Plans.
“Site”
means the client’s premises, or any third-party premises, at which we are required to perform on-site Services.
“Intellectual Property”
means code, designs, documentation, brand assets and any other original works of authorship created by us in the course of providing the Services.
Section 03
Our Services

We provide the following categories of services to small businesses, homes, schools, NGOs and individuals across South Africa:

  • ·IT support & outsourcing
  • ·Computer repairs
  • ·Networking & Wi-Fi
  • ·CCTV & security technology
  • ·Printer & office technology
  • ·Web design
  • ·Graphic design
  • ·Digital automation
  • ·Digital skills training

We reserve the right to refuse or decline any service request at our discretion, including where the requested work falls outside our area of expertise, presents unreasonable risk, or cannot be performed safely or lawfully.

The specific scope, deliverables, timelines and price for any engagement are defined in the Quote or signed contract we provide. These terms apply as the default baseline where the Quote or contract is silent.

Section 04
Quotes, Estimates & Invoicing

Quotes are valid for 30 days from the date of issue unless stated otherwise on the Quote.

Quotes are estimates based on the information you have provided about your environment, equipment and requirements. If the actual scope changes during the work — for example, additional hardware is required, or the underlying problem differs from what was initially described — the actual cost may vary. We will notify you in writing before proceeding with any work that materially exceeds the original Quote.

Invoices are typically issued before work begins, with a deposit where applicable (see Section 5). For established clients on standing arrangements, we may invoice on completion. Payment terms are stated on each invoice.

All prices are quoted in South African Rand (ZAR) and exclude Value-Added Tax (VAT). Ndayeni Solutions is a registered VAT vendor; VAT will be added to invoices where applicable in terms of the Value-Added Tax Act 89 of 1991.

Section 05
Payment Terms

Standard terms

  • ·For one-off work: payment is due within 7 days of the invoice date.
  • ·For SLA and ongoing support (Care Plans): invoiced monthly in advance.

Deposit requirements

  • ·Typically 50% deposit for hardware procurement (CCTV, networking equipment, peripherals).
  • ·100% pre-payment for domain registrations and hosting renewals.

Accepted payment methods

  • ·EFT (electronic funds transfer) — preferred.
  • ·Card payments, where available.
  • ·Cash, against an issued receipt.

Late payment

Overdue amounts will attract interest at 1.5% per month (calculated daily and compounded monthly), in accordance with the Prescribed Rate of Interest Act 55 of 1975, until the account is settled in full.

We may pause or suspend Services if payment is more than 14 days overdue, until the outstanding amount (including interest) is settled. We will provide written notice before doing so where reasonably possible.

Section 06
Service Level Agreements (SLAs)

For clients on an ongoing Care Plan, we commit to the following response time targets, measured from the time a support request is logged and acknowledged:

PriorityDescriptionResponse target
CriticalSystem down — business cannot operatewithin 4 business hours
HighSignificant impact on a key user or functionwithin 1 business day
MediumMinor impact; workaround availablewithin 2 business days
LowGeneral queries, requests and improvementswithin 3 business days

On-site visits are typically scheduled within 1 to 3 business days depending on priority, technician availability and your location.

After-hours emergency support is available at a premium rate for SLA clients only. Non-SLA clients requiring after-hours support will be quoted on a per-incident basis.

The full SLA document — including priority definitions, response vs. resolution targets, exclusions, and credit provisions — is provided on Care Plan sign-up and forms part of your engagement with us.

Section 07
Client Responsibilities

To allow us to perform the Services effectively, you agree to:

  • ·Provide accurate, complete and timely information about your environment, equipment, requirements and history of any prior issues.
  • ·Ensure we have authorised access to the systems, premises and equipment required to perform the work, including any passwords, keys, fobs or escort arrangements.
  • ·Maintain your own backups of your data. We will advise on backup strategy where requested, but we do not own your data and accept no responsibility for data you have not backed up.
  • ·Notify us promptly — ideally in writing — of any issues, security incidents, hardware changes, software changes or staff changes that may affect the Services.
  • ·Provide a safe and lawful working environment for our technicians on Site, including compliance with the Occupational Health and Safety Act 85 of 1993 and any site-specific safety requirements.
Section 08
Warranties & Guarantees

Workmanship warranty

  • ·30 days on computer repairs and component-level fixes.
  • ·90 days on installations (networking, CCTV, office technology).
  • ·14 days on software configuration and setup work.

Hardware warranties

Hardware supplied by us is covered by the relevant manufacturer’s warranty — typically 1 to 3 years depending on the product. We will pass through the manufacturer’s warranty and assist with the warranty claim process where possible, but ultimate responsibility for warranty fulfilment rests with the manufacturer.

Exclusions

Warranties do not cover damage resulting from: misuse, neglect or unauthorised modification; power surges or lightning damage (we strongly recommend surge protection and UPS systems — please ask); force majeure events; third-party actions or software; or modifications made by the client or any third party to systems we have configured.

What we do not warrant

  • ·Data recovery outcomes — all data recovery work is performed on a best-effort basis only.
  • ·Specific search engine rankings or SEO performance.
  • ·Specific business outcomes, revenue or profit resulting from any Service we provide.
Section 09
Limitation of Liability

To the maximum extent permitted by South African law, our liability for any claim arising out of or in connection with the Services is limited to the amount you paid us for the specific Service giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of revenue, loss of business, loss of anticipated savings, or loss of data — even if we have been advised of the possibility of such loss.

We are not liable for any loss of or damage to data where you failed to maintain the backups we recommended in writing.

In any event, our maximum aggregate liability for any incident or series of related incidents is capped at ZAR 50,000 (fifty thousand South African Rand).

We strongly recommend that all clients maintain appropriate insurance — including cyber liability, business interruption and asset insurance — appropriate to their own risk profile and the value of the systems and data we are engaged to support.

Section 10
Intellectual Property

All Intellectual Property created by us in the course of providing the Services — including source code, designs, documentation and brand assets — is transferred to the client upon receipt of full payment for the relevant Services. Until full payment is received, we retain ownership of all such Intellectual Property.

We retain the right to use completed work in our portfolio and marketing materials. Work will be anonymised by default unless you provide written permission to be identified, or written notice declining portfolio use entirely.

Third-party software, components, fonts and assets remain the property of their respective owners and are licensed under their original terms. Where we incorporate open-source components into deliverables (for example under the MIT, Apache 2.0 or GPL licences), those components remain licensed under their respective open-source licences and the corresponding licence texts are provided with the deliverables where applicable.

Section 11
Confidentiality & Privacy

We treat all client information — including system configurations, credentials, business information and personal information — as strictly confidential. We will not disclose your information to any third party except where required by law, or where you have provided written consent.

We comply with the Protection of Personal Information Act 4 of 2013 (POPIA). Full details of how we collect, use, store and protect personal information are set out in our Privacy Policy, which forms part of these terms by reference.

Non-Disclosure Agreements (NDAs) are available on request for engagements involving particularly sensitive information, trade secrets or regulated data. Please raise this with us before work begins.

Section 12
Termination & Cancellation

Either party may terminate ongoing Services (including Care Plans and SLAs) by giving 30 days’ written notice to the other party.

For one-off work: cancellations made within 24 hours of the booked appointment may incur a call-out fee to cover technician time and travel. Where work has already commenced, you remain liable for the work performed up to the cancellation.

On termination for any reason: you remain liable for all work completed up to the termination date, and we will deliver all work-in-progress and Intellectual Property created up to that point, subject to receipt of payment for that work.

Care Plan refunds are calculated on a pro-rata basis for any unused months remaining on the plan, less the value of work actually performed during the billing period.

Nothing in these terms is intended to be unfair to a consumer as contemplated by Sections 48 and 49 of the Consumer Protection Act 68 of 2008. Any term found to be unfair, unjust or unreasonable in terms of the CPA is severable and will be read down to the maximum extent permitted by law.

Section 13
Dispute Resolution

We aim to resolve all disputes fairly, quickly and at the lowest possible cost. If a dispute arises out of or in connection with these terms or any Services, the parties agree to follow these steps in good faith:

1

Informal resolution

Contact us in writing with details of the dispute. We will acknowledge receipt within a reasonable time and respond substantively within 7 business days.

2

Mediation

If the dispute remains unresolved, we agree to attempt mediation through an accredited mediator — for example, under the rules of the Arbitration Foundation of South Africa (AFSA).

3

Arbitration

If mediation fails or is declined, the dispute will be referred to arbitration conducted in Johannesburg under the rules of AFSA. The arbitrator’s award will be final and binding on both parties.

4

Court

Only if arbitration fails or is not available will the dispute be referred to the courts of the Republic of South Africa, sitting in Johannesburg, which will have exclusive jurisdiction.

These terms are governed by, and construed in accordance with, the laws of the Republic of South Africa.

Section 14
Changes to Terms & Contact

Changes to these terms

We may update these Terms of Service from time to time. Changes will be posted on this page with a new “Last updated” date at the top. It is your responsibility to review these terms periodically.

Existing signed contracts continue under the terms agreed at the time of signing. Updates to these Terms of Service apply only to new engagements commenced after the updated date, unless explicitly agreed otherwise in writing.

Contact us

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

4099 Finger Fish Street, Kaalfontein, Midrand, 1635, South Africa

Have a question before signing up?

We’re happy to walk you through any of these terms in plain language before you engage us. Reach out and a real person from our Midrand team will respond.

Get in touch

These terms are provided for general information. For specific legal advice, consult a qualified South African attorney.