Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or entity, "you" or "Client") and Samford IT Solutions ("Company," "we," "us," or "our") governing your use of our website and services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access our website or use our services.

Services

Samford IT Solutions provides IT solutions and services including but not limited to:

• Network Cabling
• Data Centre Solutions
• CCTV & Access Control
• Cloud Solutions
• Cybersecurity Services
• Managed IT Support
• Audio Visual Solutions
• UPS Systems
• Biometric Systems and Network Access Control
• IT Relocation Services
• WiFi Optimization
• Fixed Wireless Solutions
• Smart Home Integration
• VOIP Phone Systems
• Other IT infrastructure and support services

The specific scope, deliverables, timeline, and pricing for services will be detailed in individual service agreements, statements of work, or quotations.

Service Agreements and Quotations

Quotations

All quotations provided are valid for 30 days from the date of issue unless otherwise specified. Quotations are subject to change based on scope modifications, material costs, or other factors beyond our control.

Acceptance

Services commence upon your acceptance of a quotation or execution of a service agreement. Acceptance may be indicated by signed agreement, purchase order, written confirmation, or payment of deposit.

Scope of Work

The scope of work will be clearly defined in the service agreement or quotation. Any work outside the agreed scope will be considered additional work and may incur extra charges.

Pricing and Payment

Fees

You agree to pay all fees as specified in the applicable quotation or service agreement. All prices are quoted in ZAR (South African Rand) and exclude applicable taxes unless otherwise stated.

Payment Terms

• Payment terms are Net 30 days from invoice date unless otherwise agreed in writing
• A deposit may be required before commencement of work
• We reserve the right to suspend services for accounts with overdue payments
• Late payments may incur interest charges at the maximum rate permitted by law

Taxes

You are responsible for all applicable sales, use, value-added, and other taxes associated with the services, excluding taxes based on our net income.

Payment Disputes

Any payment disputes must be raised within 15 days of invoice date. Undisputed portions of invoices remain due and payable.

Client Responsibilities

You agree to:

• Provide accurate and complete information necessary for service delivery
• Grant access to premises, systems, and equipment as required
• Ensure a safe working environment for our personnel
• Provide timely feedback and approvals as requested
• Maintain backup copies of all data before any system modifications
• Comply with all applicable laws and regulations
• Notify us promptly of any issues or concerns regarding services

Intellectual Property

Our Property

All intellectual property rights in our services, methodologies, documentation, software, and materials remain our exclusive property or that of our licensors.

Client Property

You retain all rights to your data, content, and pre-existing intellectual property. By engaging our services, you grant us a limited license to use such materials solely for the purpose of delivering services.

Work Product

Upon full payment, you will own the specific deliverables created exclusively for you under the service agreement. We retain rights to any pre-existing materials, methodologies, and general knowledge.

Warranties and Disclaimers

Limited Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Equipment and materials supplied will conform to manufacturer specifications.

Warranty Period

Hardware installations are warranted for 90 days from completion. Software and configuration services are warranted for 30 days from acceptance.

Warranty Exclusions

Our warranty does not cover:

• Damage caused by misuse, abuse, or negligence
• Unauthorized modifications or repairs
• Normal wear and tear
• Force majeure events
• Third-party products (which are covered by manufacturer warranties)

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Liability Cap

Our total liability for any claims arising from or related to services shall not exceed the total amount paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exceptions

Nothing in these Terms shall limit or exclude liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited or excluded by applicable law

Confidentiality

Mutual Obligations

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement and not to disclose such information to third parties without prior written consent.

Exceptions

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

Data Protection and Privacy

We will process personal data in accordance with our Privacy Policy and applicable data protection laws. You represent and warrant that you have obtained all necessary consents for us to process personal data on your behalf.

Term and Termination

Term

These Terms remain in effect for the duration of our service relationship and any ongoing service agreements.

Termination for Convenience

Either party may terminate ongoing service agreements with 30 days written notice, subject to the terms of specific service agreements.

Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 15 days of written notice
• Becomes insolvent or subject to bankruptcy proceedings
• Engages in fraudulent or illegal conduct

Effect of Termination

Upon termination:

• You must pay for all services rendered and expenses incurred through the termination date
• We will return or destroy your confidential information as directed
• Provisions that by their nature should survive will remain in effect

Indemnification

You agree to indemnify, defend, and hold harmless Samford IT Solutions, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Your negligence or willful misconduct

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or telecommunications failures.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Independent Contractor

Our relationship is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Third-Party Products and Services

We may recommend or integrate third-party products and services. We are not responsible for the performance, warranties, or support of third-party products, which are governed by the respective third-party terms and conditions.

Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms or delegate our obligations without restriction.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Entire Agreement

These Terms, together with any service agreements, quotations, and our Privacy Policy, constitute the entire agreement between you and Samford IT Solutions regarding the services and supersede all prior agreements and understandings.

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation, if negotiations fail
3. Binding arbitration or litigation in the courts of South Africa

Legal Fees

In any legal proceeding to enforce these Terms, the prevailing party shall be entitled to recover reasonable legal fees and costs.

Notices

All notices under these Terms must be in writing and delivered to:

Notices to you will be sent to the contact information provided in your service agreement or account.

Contact Information

For questions about these Terms, please contact us at:

Acceptance

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.