Terms of Service

Please read these Terms of Service carefully before using any services provided by Bukani Tech Solutions (Pty) Ltd (“BTS”, “we”, “us”, “our”). By engaging our services or accepting a proposal, you (“Client”, “you”) agree to be bound by these Terms.

1. Who We Are

Bukani Tech Solutions (Pty) Ltd
Registration number: [REG NUMBER] — to be completed
Director: Sibanye Bukani
Physical address: [STREET ADDRESS], King William’s Town, Eastern Cape, South Africa — to be completed
Email: info@bukani-tech.co.za
WhatsApp: 076 367 4677

2. Services

BTS provides managed cloud infrastructure and technology services, including but not limited to:

• Website and web application deployment and hosting
• Backend API hosting and database management
• Professional email provisioning and management
• Domain registration and DNS management
• Monitoring, backups, and security management
• Workflow automation and AI integrations
• Custom software development (project-based)

The specific services included in your subscription are set out in your proposal or service agreement. Services are described in more detail on our website at bukani-tech.co.za.

3. Service Tiers

Prices are in South African Rand (ZAR) and are reviewed annually. Price changes will be communicated 30 days in advance.

4. Payment Terms

4.1 Billing cycle

Services are billed monthly in advance via PayFast recurring subscription. Your subscription begins on the date your service is activated and renews on the same date each month.

4.2 Payment method

Payment is processed via PayFast, a South African payment gateway. By subscribing, you authorise PayFast to debit your chosen payment method monthly. BTS does not store your card details.

4.3 Late payment

If payment fails, we will retry after 3 days. If payment remains outstanding for more than 7 days, services may be suspended. Suspended services will be restored within 24 hours of payment. An administrative fee of R150 (excl. VAT) applies for reactivation after suspension.

Note: Late payment administrative fees are not interest. This agreement does not constitute a credit agreement under the National Credit Act 34 of 2005.

4.4 VAT

BTS will register for VAT when legally required. Until then, prices are VAT-exclusive. We will provide you with a valid tax invoice for all payments.

5. Cancellation & Cooling-Off

5.1 Cancellation by you

You may cancel your subscription at any time by giving 30 days’ written notice to info@bukani-tech.co.za. Your service will continue until the end of the 30-day notice period. No refunds are issued for the current billing period.

5.2 Cooling-off period (Consumer Protection Act)

If you are an individual consumer (not purchasing for a business) and entered this agreement as a result of direct marketing by BTS, you have the right to cancel within 5 business days of signing without penalty. To exercise this right, contact us at info@bukani-tech.co.za within the 5-business-day window.

5.3 Fixed-term contracts

Our standard services are month-to-month with no minimum term. Where a fixed-term contract is agreed (e.g., for an annual discount), the term will not exceed 24 months for individual consumers, in accordance with the Consumer Protection Act. Early termination of a fixed-term contract may incur a reasonable early termination fee as specified in your service agreement.

5.4 Cancellation by BTS

BTS may cancel your service with 30 days’ written notice. In the event of material breach (including non-payment after 7 days’ notice, illegal use, or violation of these Terms), BTS may suspend or terminate services immediately. Where termination is not due to your fault, a pro-rata refund for any prepaid period will be issued.

6. Service Levels & Uptime

Uptime is measured monthly, excluding scheduled maintenance (which is communicated 48 hours in advance) and events beyond our reasonable control (force majeure, including load shedding that exceeds infrastructure resilience).

Service credits for downtime below the uptime target are limited to one month’s subscription fee and must be claimed within 30 days of the incident. Service credits are your sole remedy for downtime.

7. Your Responsibilities

• Provide accurate and up-to-date information for billing and communications
• Use our services only for lawful purposes and in compliance with South African law
• Not use our services to store, transmit, or distribute illegal, infringing, or harmful content
• Maintain the confidentiality of any login credentials or API keys we provide
• Notify us promptly of any security breach or unauthorised access
• Ensure you have the right to use any content, code, or data you ask us to deploy or host

8. Intellectual Property

8.1 Your content

You retain full ownership of all content, data, code, and intellectual property you provide or create. BTS has no claim over your content.

8.2 BTS work product

For custom development projects, intellectual property in the delivered work product transfers to you upon receipt of full payment, unless agreed otherwise in writing.

8.3 BTS platform

Our internal infrastructure, management systems, and proprietary tooling remain the intellectual property of BTS. Use of our services does not grant you a licence to our internal systems.

9. Data & Privacy

Both parties agree to comply with the Protection of Personal Information Act 4 of 2013 (POPIA). Where BTS processes personal information on your behalf (as your Operator), we will:

• Process personal information only on your instructions
• Implement appropriate security measures
• Notify you within 72 hours of becoming aware of a personal information breach
• Delete or return personal information upon termination of services

For details on how we handle your personal information, see our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by South African law:

• BTS’s total liability for any claim arising from or related to these Terms or our services is limited to the fees paid by you in the 3 months preceding the claim.
• BTS is not liable for indirect, incidental, special, or consequential losses (including loss of revenue, profits, data, or business opportunity), even if advised of their possibility.
• BTS is not liable for losses caused by factors outside our reasonable control, including load shedding, internet outages, acts of third parties, or force majeure events.

Nothing in these Terms limits BTS’s liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded by law.

11. Confidentiality

Each party agrees to keep confidential all non-public information of the other party that is marked as confidential or that a reasonable person would understand to be confidential. This obligation survives termination of services for 3 years.

12. Governing Law & Disputes

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or related to these Terms will be resolved as follows:

• Step 1: Both parties attempt to resolve the dispute informally within 20 business days of written notice.
• Step 2: If unresolved, the dispute is referred to mediation through the Arbitration Foundation of Southern Africa (AFSA).
• Step 3: If mediation fails, either party may refer the matter to the courts of the Eastern Cape Division of the High Court of South Africa.

Consumer disputes may also be referred to the National Consumer Commission in terms of the Consumer Protection Act.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Continued use of our services after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you may cancel your subscription before the effective date without penalty.

14. General

• Entire agreement: These Terms, together with your service proposal or agreement, constitute the entire agreement between us regarding our services.
• Severability: If any clause of these Terms is found to be unenforceable, the remaining clauses remain in full force.
• No waiver: Our failure to enforce any clause does not constitute a waiver of that clause.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. BTS may assign its rights to a successor business.

15. Contact & Complaints

For any questions about these Terms, or to make a complaint:

• Email: info@bukani-tech.co.za
• WhatsApp: 076 367 4677
• Post: [STREET ADDRESS], King William’s Town, Eastern Cape, South Africa

If your complaint is not resolved within 20 business days, you may contact the National Consumer Commission at www.ncc.gov.za or call 012 428 7000.