STANDARD TERMS AND CONDITIONS
Novasys IT (Pty) Ltd
Registration No: 2018/058452/07
1. INTERPRETATION
1.1 “Service Provider” means Novasys IT (Pty) Ltd.
1.2 “Client” means the person, business, or entity receiving services.
1.3 “Work” means the services described in any quotation, proposal, invoice, SLA, or written instruction accepted by the Client.
1.4 “Agreement” means these Standard Terms and Conditions together with any signed quotation, proposal, or service level agreement.
2. APPOINTMENT
The Client appoints the Service Provider to render the Work, and the Service Provider accepts such appointment subject to these Terms and Conditions.
3. SERVICES
3.1 The Service Provider shall render the Work as described in the relevant quotation, proposal, SLA, or invoice.
3.2 The Service Provider may appoint subcontractors at its discretion but remains responsible for overall service delivery.
3.3 The Client shall appoint one authorised representative as the sole point of contact.
3.4 The Client must notify the Service Provider in writing within 5 (five) business days of any alleged defect or non-performance, failing which the Work shall be deemed properly performed.
4. PAYMENT TERMS
4.1 All invoices are payable within 30 (thirty) calendar days from date of invoice, unless otherwise agreed in writing.
4.2 The Service Provider reserves the right to charge interest on overdue amounts at 2% per month, calculated from due date until payment in full.
4.3 The Client is not entitled to withhold payment, apply set-off, or make deductions for any reason whatsoever.
4.4 Ownership of hardware, equipment, and installations remains vested in the Service Provider until full payment is received.
4.5 The Service Provider may suspend services immediately if payment is overdue.
5. LIMITATION OF LIABILITY
5.1 The Service Provider shall not be liable for:
5.2 The total liability of the Service Provider for any claim arising from this Agreement shall be limited to the total fees paid by the Client in the 3 (three) months preceding the event giving rise to the claim.
5.3 Nothing in this clause excludes liability where such exclusion is not permitted under South African law.
6. DATA PROTECTION & POPIA
6.1 The Service Provider will process personal information in accordance with the Protection of Personal Information Act (POPIA).
6.2 The Client warrants that it has obtained all necessary consents to provide personal information to the Service Provider.
6.3 The Service Provider shall not be liable for data breaches resulting from:
7. WARRANTIES
7.1 Services are provided on a best-effort basis unless otherwise agreed in a signed SLA.
7.2 The Service Provider does not guarantee uninterrupted or error-free operation of systems.
7.3 All third-party hardware and software are subject to the original manufacturer’s warranties.
8. RESTRAINT OF TRADE
The Client shall not employ or solicit any employee or contractor of the Service Provider within 12 (twelve) months of termination of services without written consent. If breached, the Client agrees to pay 6 (six) months’ equivalent remuneration of such employee as a reasonable pre-estimate of damages.
9. INTELLECTUAL PROPERTY
All intellectual property created by the Service Provider remains the property of the Service Provider unless otherwise agreed in writing.
10. BREACH
10.1 If either party breaches this Agreement and fails to remedy such breach within 7 (seven) days of written notice, the aggrieved party may:
10.2 The Client shall be liable for all legal costs on an attorney-and-own-client scale.
11. FORCE MAJEURE
The Service Provider shall not be liable for failure or delay caused by events beyond reasonable control, including:
12. DOMICILIUM
Service Provider: 88 Sovereign Drive, Route 21 Business Park, Centurion
Client: The physical address where services are rendered unless otherwise specified in writing.
Notices must be in writing.
13. GOVERNING LAW
This Agreement shall be governed by the laws of the Republic of South Africa.
14. CONSUMER PROTECTION ACT
If the Client qualifies as a consumer under the Consumer Protection Act 68 of 2008, nothing in these Terms limits rights that cannot legally be limited.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions. No amendment shall be valid unless in writing and signed by both parties. These Terms and Conditions apply to all quotations issued by Novasys IT (Pty) Ltd unless otherwise agreed in writing.
16. SEVERABILITY
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.
