Terms of Service

Last updated: 1 January 2024

1. Who we are and what these terms cover

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “the client”) and YottaByte Computer Services CC (Registration No. 2008/041283/23; VAT No. 4180246292), trading as “YottaByte” and “YottaByte Computer Services” (“we”, “us”, “our”). They govern all products and services we supply, including:

  • IT services and support — remote and on-site support, maintenance, networking, consulting and managed-service arrangements;
  • Repairs — diagnosis and repair of computers, laptops and related equipment;
  • Software — custom software development, installation, configuration and licensing;
  • Hardware and software sales — supply of equipment, components and third-party software licences; and
  • Hosting and domains — web hosting, reseller hosting, domain registration, email, SSL and related services resold from 247 Hosting (247hosting.co.za).

By requesting a quote, accepting a quote, placing an order, signing a service agreement, or using any service we provide, you agree to these Terms. If you are agreeing on behalf of a company or other organisation, you confirm you are authorised to bind it.

2. Definitions

  • Hosting Services — the hosting, domain, email, SSL and related services described in section 7.
  • Services — all services we supply, including Hosting Services.
  • Deliverables — reports, configurations, scripts, code, documentation and other work product we provide to you.
  • Upstream Provider — 247 Hosting and any data centre, registry, licensor or other third party on whose infrastructure or services a Service depends.
  • AUP — our Acceptable Use Policy, which forms part of these Terms.

3. Quotes, orders and acceptance

Quotes are valid for 24 hours unless stated otherwise and may be withdrawn or revised before you accept them. Prices are quoted in South African Rand. Unless the quote says otherwise, prices exclude VAT, delivery, courier, travel, after-hours callout, and third-party licence or hardware cost increases.

A binding agreement comes into existence when we accept your order or you accept our quote in writing (including by email), and — where applicable — when any required deposit is received. We may decline any order at our discretion.

For project work and hardware orders we may require a deposit of 50 % before work begins or goods are ordered. Deposits on special-order or non-returnable items are non-refundable once the order is placed with the supplier.

4. Fees, invoicing and payment

  • Services and hardware: invoiced as set out in the quote or agreement and payable on presentation of invoice. Work is billed at the agreed rate or, where no rate is agreed, at our standard rates in force at the time.
  • Hosting and domains: billed monthly and payable in advance. Services are activated once payment is received and renew automatically for successive terms unless cancelled under section 7.
  • Late payment: we may charge interest on overdue amounts at 2 % per month or the maximum permitted by law, whichever is lower, and may suspend Services while any amount is overdue. You are responsible for reasonable costs of collection, including legal costs on the attorney-and-client scale.
  • Disputed invoices: raise any query within 7 days of the invoice date; undisputed amounts remain payable on the due date.
  • Third-party price changes: where an Upstream Provider, registry or licensor changes its pricing, we may pass the change on at your next renewal with reasonable notice.

5. Your responsibilities

You must:

  • give us accurate, current contact, billing and technical information and keep it up to date;
  • provide timely access, credentials, information, decisions and cooperation we reasonably need to perform the Services;
  • keep your own complete, current and independent backups of all data before any support, repair, migration or development work, and verify that they restore;
  • hold the necessary licences for all software we are asked to install or support, and not ask us to do anything unlawful or in breach of a third party’s rights;
  • keep account passwords and credentials confidential and notify us promptly of any suspected compromise;
  • comply with the AUP and with the terms of any Upstream Provider, registry or licensor; and
  • ensure that anyone you allow to use the Services also complies with these Terms.

Delays or additional cost caused by inaccurate information, late access, or failure to meet these responsibilities are for your account.

6. Repairs

  • A diagnostic or assessment fee may apply and, unless waived, is payable even if you decide not to proceed with the repair.
  • We will seek your approval before exceeding an approved estimate.
  • You warrant that you own the equipment or are authorised to authorise the repair.
  • Repairs carry a workmanship warranty of 30 days on the specific fault repaired; replacement parts carry only the manufacturer’s warranty. The warranty excludes new or unrelated faults, accidental or liquid damage, power surges, malware and user error.
  • We take reasonable care of equipment in our possession but are not liable for data loss during repair — see section 5 (backups) and section 10.
  • Equipment not collected within 90 days of us notifying you that it is ready may be treated as abandoned and dealt with to recover amounts owing, subject to the notice requirements of the law.

7. Hosting, domains and email

Hosting Services are resold from and provisioned on the infrastructure of 247 Hosting. Your use of Hosting Services is also subject to the AUP and to 247 Hosting’s own terms and acceptable use policy; where terms conflict, the stricter applies.

  • Provisioning: we aim to activate Hosting Services promptly after payment, but activation of some services depends on the Upstream Provider or a domain registry and is outside our control.
  • Domain names: registration, renewal and transfer are subject to the rules of the relevant registry (for example ZADNA / the .ZA registry for co.za domains, or ICANN for gTLDs). The domain is registered in your name as registrant; you are responsible for renewing it on time. We are not liable for a lapsed domain where a renewal invoice was unpaid or your contact details were out of date.
  • Renewals and cancellation: Hosting Services renew automatically. To cancel, give us at least 30 days’ notice before the renewal date and settle any amount owing. Fees already paid for a current term are not refunded on cancellation except where the Consumer Protection Act, 2008 requires otherwise.
  • Suspension: we (or the Upstream Provider) may suspend Hosting Services for non-payment, for breach of the AUP, on legal instruction, or to protect the security or stability of the platform.
  • Uptime: any availability or service-level commitment is that offered by the Upstream Provider and passed through to you; we do not provide a separate or higher guarantee. Scheduled maintenance is excluded from uptime calculations.
  • Content and backups: you are responsible for your website content and applications and for keeping your own backups. Bundled backups are best-effort only.
  • Migration: we assist with reasonable migrations on request; complex migrations may be quoted as a separate service.

8. Software development and licensing

  • Development is delivered against an agreed scope. Changes to scope are handled by written change request and may affect price and timeline.
  • Unless the quote or agreement says otherwise, on full payment we assign to you the intellectual-property rights in the bespoke Deliverables created specifically for you, excluding: (a) our pre-existing tools, libraries, frameworks and know-how, and (b) third-party and open-source components, which remain owned by their licensors and are provided to you under their own licences. We grant you a perpetual, non-exclusive licence to use our pre-existing components as incorporated in the Deliverables.
  • Until we are paid in full, any licence to use the Deliverables is revocable.
  • Third-party software and licences are supplied subject to the vendor’s terms; the vendor’s warranty is the only warranty on them.
  • Unless agreed in writing, we do not provide ongoing maintenance, hosting or support for Deliverables after handover; these can be arranged as a separate service.

9. Warranties and disclaimer

We will provide the Services with reasonable skill and care and in accordance with generally accepted industry practice. Except as expressly stated in these Terms, and except for rights you have under the Consumer Protection Act, 2008 that cannot lawfully be excluded, the Services and all Deliverables are provided “as is” and “as available”, and we disclaim all other warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

We do not warrant that any Service will be uninterrupted, timely, secure or error-free, that results will meet your expectations, that data will not be lost or corrupted, or that all vulnerabilities or malware will be detected or removed. We are not responsible for the acts, omissions, outages, price changes or discontinuation of any Upstream Provider or other third party.

10. Limitation of liability

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, for fraud, or under the Consumer Protection Act, 2008 where it applies.

Subject to that:

  • we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings, or for loss, corruption or unavailability of data, however it arises;
  • our total aggregate liability arising out of or in connection with a Service, whether in contract, delict (including negligence) or otherwise, is limited to the amount you paid us for that Service in the three (3) months immediately before the event giving rise to the claim; and
  • we are not liable for data loss where you did not maintain an adequate, current, independent and verified backup.

Any claim must be brought within six (6) months of the date you became aware, or ought reasonably to have become aware, of the circumstances giving rise to it.

11. Indemnity

You indemnify us and our directors, employees, contractors and Upstream Providers against any claim, loss, damage, cost or expense (including reasonable legal costs) arising out of: your breach of these Terms or the AUP; your content, data or use of the Services; your infringement of a third party’s rights; or your breach of any law.

12. Confidentiality

Each party will keep the other’s non-public information confidential and use it only to perform or receive the Services. This does not apply to information that is or becomes public without breach, was already lawfully known, or must be disclosed by law. We may refer to you as a client and describe the general nature of the work unless you ask us in writing not to.

13. Data protection (POPIA)

We process personal information in line with the Protection of Personal Information Act, 2013 and our Privacy Policy. Where we process personal information on your behalf, we act as an operator, process it only on your documented instructions, apply reasonable security safeguards, and notify you without undue delay if we become aware of a compromise. You are responsible for having a lawful basis for any personal information you ask us to process.

14. Suspension and termination

  • Either party may terminate a Service on the notice set out in the applicable quote or agreement, or — for recurring Services — as set out in section 7.
  • We may suspend or terminate a Service immediately, without refund, if you materially breach these Terms or the AUP and do not remedy the breach within 7 days of notice (or immediately where the breach cannot be remedied or poses a legal, security or abuse risk), if any amount is overdue, or if required by an Upstream Provider or by law.
  • On termination: all amounts owing become immediately due; your right to use the Services and unpaid Deliverables ends; and we will, on written request made within 30 days, make a copy of your hosted data available for collection, after which it may be deleted.
  • Clauses that by their nature should survive termination (including sections 4, 9, 10, 11, 12, 13 and 16) continue in force.

15. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including load-shedding or power failure, network or telecommunications failure, failure or act of an Upstream Provider, cyber-attack, fire, flood, civil unrest, strike, epidemic, or act of government.

16. General

  • Whole agreement: these Terms, the AUP, the Privacy Policy and the applicable quote or service agreement are the entire agreement between us and replace all prior discussions. Where documents conflict, a signed service agreement prevails, then the quote, then these Terms, then the AUP.
  • Changes: we may update these Terms by posting a revised version on our website. Material changes take effect 14 days after posting; continued use of the Services after that constitutes acceptance. The version in force when you accepted a specific quote governs that engagement.
  • No waiver: failure to enforce a term is not a waiver of it.
  • Severability: if a provision is found unenforceable, the rest remain in force and the provision is read down to the minimum extent needed.
  • Assignment: you may not cede or assign your rights or obligations without our written consent; we may assign on notice to you.
  • Notices: notices to us go to accounts@yottabyte.co.za; notices to you go to the email address on your account.
  • Governing law and jurisdiction: these Terms are governed by the law of the Republic of South Africa. The parties consent to the jurisdiction of the Bloemfontein High Court (or, where competent, the Magistrate’s Court for the district of Bloemfontein) for any dispute.

17. Contact

YottaByte Computer Services CC (Registration No. 2008/041283/23)
112 Walter Sisulu Rd, Bloemfontein
Accounts: accounts@yottabyte.co.za
Support: support@yottabyte.co.za
Phone: 051 447 4999

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