Last Updated: 6 October 2025

Introduction

Welcome to Avaytech. These Terms of Service (“Terms”) set forth the general terms and conditions governing your access to and use of Avaytech’s information technology products and services, including but not limited to web hosting, website design, web application development, domain registration and management, email hosting, and related technical solutions (collectively, the “Services”).

By purchasing, subscribing to, or using any of Avaytech’s Services, whether directly or on behalf of an organisation, you (“Customer”, “you”, or “your”) agree to be bound by these Terms, together with any applicable Service Orders, Policies, and Acceptable Use Policy (AUP) published or communicated by Avaytech (collectively, the “Agreement”). If you do not agree to these Terms, you must not register an account, sign a Service Order, or use any of our Services.

These Terms constitute a legally binding agreement between Avaytech (referred to herein as “Avaytech”, “we”, “us”, or “our”) and any individual or entity who accesses, purchases, or uses the Services. By accepting these Terms, you represent and warrant that: (a) you have full authority to enter into and comply with this Agreement; and (b) if you are acting on behalf of a company or other entity, you are duly authorised to accept and bind such entity to this Agreement.

Your use of Avaytech’s Services also signifies your acceptance of any accompanying Service-Specific Terms and Policies applicable to your selected Service plan. In the event of any inconsistency between these Terms and a specific Service Agreement, the latter will take precedence for that particular Service.

You are responsible for ensuring that all hardware, software, configurations, and materials used in connection with the Services are properly licensed and maintained. You further warrant that all content, materials, and data you transmit, store, or display using the Services are lawful and that you have all necessary rights to use such materials.

Avaytech may collect, process, and store certain personal information to provide and manage the Services. By using our Services, you consent to such processing in accordance with applicable South African data protection laws, including the Protection of Personal Information Act 4 of 2013 (POPIA), and Avaytech’s Privacy Policy.

It is your responsibility to read and understand these Terms in full before using our Services. Your continued use of the Services will constitute your ongoing acceptance of these Terms and any updated versions thereof published by Avaytech from time to time.

1. Interpretation & Application

1.1 Definitions. Unless the context otherwise requires:

1.1.1 “Agreement” means these Terms of Services together with any Service Order, schedule, annexure, Service Level Agreement (SLA) and Acceptable Use Policy (AUP) applicable to the Services.

1.1.2 “Services” means any product or service provided by Avaytech including (but not limited to) web hosting, website design, web application development, domain registration/management, email services, maintenance, support and training.

1.1.3 “Service Order” means the signed (or electronically accepted) document, quotation or online form in which you order Services from Avaytech specifying the scope, deliverables, fees, timelines and other terms.

1.1.4 These Terms apply to all Services provided by Avaytech unless expressly excluded in writing. By placing an order or using any Service you accept and agree to be bound by the Agreement.

2. Scope Of Services

2.1 Service Descriptions. The nature and scope of each Service is described in the relevant Service Order or quotation. Avaytech may from time to time update service descriptions at its website (avaytech.co.za) or by written notice.

2.2 Onboarding & Acceptance. For design or development work: once Avaytech has notified you that a milestone or deliverable is complete, you must review and either sign off acceptance or issue defects. If you do not respond within 5 business days the deliverable will be deemed accepted.

2.3 Client Responsibilities. You agree to: provide timely, accurate and complete information, materials, assets, credentials, approvals and cooperation; ensure you have rights/licences for any content you supply; maintain your own backups unless otherwise agreed; comply with applicable laws. Failure may result in delays or additional fees.

2.4 Third-Party Services. If a Service involves third-party software, hosting, plugins or licences, you are responsible for any third-party fees, compliance, renewal and any integration issues unless otherwise agreed.

3. Web Hosting Services

3.1 Hosting Provision. If you subscribe to a hosting plan (shared or email) Avaytech will provide server space, network connectivity, custom control panel and related services as specified in the Service Order.

3.2 Resource Usage. Hosting plans are subject to resource limits (disk space, bandwidth, CPU, memory) as described in the Service Order. If usage exceeds the plan’s limits, Avaytech may throttle performance, suspend services or invoice overage charges.

3.3 Back-ups & Data Responsibility. Where backup services are included, they are for convenience and not a substitute for your own backups. You remain responsible for your content and data. Avaytech will not be liable for any data loss except where caused by its gross negligence or willful misconduct.

3.4 Security & Access. Avaytech will use reasonable technical and organisational security measures for the hosting environment. You are responsible for application-level security (e.g., CMS plugins, credentials, user access). Avaytech may require you to implement patches or security measures; failure to comply may affect SLA rights.

3.5 Termination or Suspension for Abuse. Avaytech reserves the right to suspend or terminate hosting services immediately (without liability) if there is (i) abusive, unlawful, fraudulent or malicious use; (ii) breach of the Acceptable Use Policy; (iii) a security risk to the infrastructure.

4. Website Design & Development Services

4.1 Scope of Work. Website design/development work will proceed based on the Service Order (or SOW) which specifies functionality, design, content, milestones, deliverables, acceptance criteria and timeline.

4.2 Change Control and Additional Fees. Any changes to scope, functionality, design, content, or timeline after commencement will be managed via a change control process; additional fees may apply.

4.3 Client Content & Materials. You must provide all textual content, images, branding assets, and other materials in usable format by agreed dates. If you supply defective, incomplete or delayed materials, Avaytech may charge for delays or work arounds.

4.4 Licence and Third-Party Components. If the website uses third-party components (themes, plugins, libraries) requiring licences, you are responsible for licence cost and compliance, unless otherwise agreed.

4.5 Deployment & Go-Live. Upon sign-off or completion of acceptance tests, the website will be deployed to live environment. Unless you notify defects within 5 business days, the website shall be deemed accepted, and ongoing maintenance or support will then apply if selected.

4.6 Exclusions. Design/development services do not include hosting beyond the term specified, ongoing SEO beyond what is agreed, user-training beyond specified sessions, or custom integrations not reflected in the Service Order (unless separately agreed).

5. Web Application Development & Maintenance

5.1 Development Methodology. For larger web applications, Avaytech may use agile, waterfall or hybrid methods; the Service Order/SOW will identify the methodology, sprint cycles, deliverables and acceptance criteria.

5.2 Defects and Warranty. Avaytech warrants that delivered software will function as described in the SOW for a warranty period of 30 days after go-live. Defects reported within that period will be remedied at no additional cost if caused by Avaytech; other changes or enhancements may be billed.

5.3 Maintenance & Support. Ongoing maintenance, updates, enhancements, support plans must be set out in a separate quotation or SLA. Unless you subscribe to such a plan, support beyond the warranty period will be at standard hourly or block-rate charges.

5.4 Performance & Scalability. Performance targets (e.g., response times, concurrency) are only binding if specifically included in the SLA. You acknowledge that application performance may depend on factors outside Avaytech’s control (e.g., third-party APIs, your infrastructure, user network).

5.5 Intellectual Property Protection. For development work, you shall provide any required access, specifications and resources. You shall also ensure that any materials you supply do not infringe third-party rights; you indemnify Avaytech in this respect.

6. Domain, DNS, EmailL & Related Services

6.1 Domain Registration/Management. If Avaytech registers or manages domain names on your behalf, you authorise Avaytech to act as agent/registrar. You must provide accurate registrant information and keep it updated. Domain registration and renewal fees are payable by you.

6.2 DNS / Email Services. Avaytech may provide DNS management, email hosting, mailboxes, forwarding and related services. You are responsible for mailbox credentials, client devices, spam filters and compliance with email-laws.

6.3 Transfers and Ownership. At termination of services you must unlock or transfer domains held in your name; Avaytech is not responsible for any delay or failure to transfer domains unless caused by Avaytech’s gross negligence.

7. Service Levels & Availability

7.1 SLA Applicability. Where an SLA is purchased, it will specify uptime commitments, measurement periods, maintenance windows, response times and remedies (credits). If no SLA is purchased, Avaytech’s standard support policy applies.

7.2 Scheduled Maintenance. Avaytech will provide advance notice of scheduled maintenance where reasonably practicable. Such maintenance may not be counted against uptime commitments.

7.3 Remedies & Exclusions. Remedies for SLA breach may include service credits only, not refunds, and are your sole remedy. SLAs exclude outages caused by your systems, third-party services, force majeure, your misconduct, or scheduled maintenance.

7.4 Monitoring. Avaytech may monitor systems for availability and performance to determine SLA compliance.

8. Fees, Taxes & Payment

8.1 Fee Schedule. Fees for Services are set out in the Service Order. Recurring hosting, support or maintenance services are billed monthly or annually as specified; one-off projects are billed in milestones or at completion.

8.2 Invoicing & Payment Terms. Unless otherwise agreed, payment is due within 14 days of invoice date. Avaytech may suspend or terminate Services for unpaid invoices, after providing notice.

8.3 Taxes. Unless otherwise stated, all fees exclude VAT (Value Added Tax) and other applicable duties; you are responsible for any local taxes applicable to your jurisdiction.

8.4 Refunds. Fees for Services already performed are non-refundable. Any refund policy is as specified in the Service Order.

8.5 Price Changes. Avaytech may adjust pricing for recurring services at renewal or upon notice; you may decline renewal under new price but must give written notice within 30 days.

8.6 Late Payment. Overdue amounts may incur interest at the maximum lawful rate or as stated in the invoice. You must also reimburse Avaytech’s reasonable costs of debt recovery.

9. Acceptable Use & Prohibited Activities

9.1 Acceptable Use Policy (AUP). You shall use Services in a lawful, ethical, considerate way, and not for spam, malware hosting, hacking, intellectual-property infringement, pornography, exploitation of minors, gambling, or other abusive activities. Avaytech’s AUP is incorporated herein and may be updated.

9.2 Your Responsibility. You are responsible for any use of the Services under your account, including any by your employees, contractors or users. You must ensure compliance with the AUP at all times.

9.3 Suspension for Breach. Avaytech may suspend or terminate Services immediately (without prior notice) if you breach the AUP, or when required by law, court order or industry regulation.

10. Suspension, Termination & Effect Of Termination

10.1 Suspension. Avaytech may suspend access to Services immediately (without liability) if: (a) you breach the Agreement or AUP; (b) fraudulent, abusive or unlawful activity is detected; (c) your account is overdue; (d) a security risk to Avaytech’s infrastructure is identified.

10.2 Termination for Convenience. Unless otherwise agreed in the Service Order, either party may terminate a monthly-recurring Service by giving 30 days’ written notice. Termination of fixed-term projects may incur early termination fees as set out in the Service Order.

10.3 Consequences. On termination you must pay all outstanding fees. Avaytech may delete or archive your data after 30 days unless you’ve requested and paid for extended storage. Domain transfers may require your export of data and unlocking domains.

10.4 Surviving Provisions. Provisions of (for example) confidentiality, intellectual property, limitation of liability, indemnities, fees for services rendered and accrued rights will survive termination.

11. Intellectual Property & Lincences

11.1 Ownership. Unless otherwise agreed in writing:

11.1.1 Avaytech retains ownership of its pre-existing tools, frameworks, libraries, background code and know-how (“Background IP”).

11.1.2 On full payment, Avaytech assigns to you ownership of the customised deliverables created for your project (excluding Background IP and licences).

11.2 Licence Grant. Avaytech grants you a non-exclusive, non-transferable licence to use any Background IP embedded in the deliverables solely to use the deliverables for your business.

11.3 Moral Rights. You agree to execute any documents reasonably required to give effect to transfers or licences of intellectual property rights.

11.4 Third-Party Materials. You acknowledge that deliverables may include third-party components subject to their own licences; you must comply with such licence terms and bear any costs thereof.

12. Confidentiality

12.1 Confidential Information. Each party will keep strictly confidential all non-public information of the other party disclosed in connection with Services (including pricing, technology, business affairs, trade-secrets) and use it only to perform its obligations.

12.2 Exclusions. Confidential information does not include information that (i) is public at the time of disclosure; (ii) is lawfully received from a third party; (iii) is independently developed without using the other party’s confidential information; or (iv) is required to be disclosed by law or court order.

12.3 Term. Confidentiality obligations survive termination of the Agreement for a period of five (5) years (or such longer period as required by law).

13. Data Protection & Privacy

13.1 Compliance. Avaytech will process personal data (if any) in compliance with the applicable South African legislation including the Protection of Personal Information Act 4 of 2013 (POPIA). Where required, you and Avaytech will enter into a separate Data Processing Agreement (DPA) or include data-processing clauses.

13.2 Client Data. You retain ownership of all data you submit or upload (“Client Data”). You are responsible for ensuring lawful collection, storage and use of Client Data.

13.3 International Transfers. If data is transferred outside South Africa, Avaytech will ensure appropriate safeguards consistent with applicable law.

13.4 Privacy Policy. Avaytech’s Privacy Policy (available at our website) explains how we collect, process and store personal information of our clients and users.

14. Warranties, Disclaimers & Limitation Of Liability

14.1 Limited Warranty. Avaytech warrants that it will provide Services with reasonable skill and care in accordance with industry standards. For hosting services subject to SLA, Avaytech warrants the availability described therein.

14.2 Disclaimer. Except as expressly stated, Services are provided “as is”, and Avaytech disclaims all other warranties (including implied warranties of merchantability, fitness for purpose, non-infringement).

14.3 Limitation of Liability. To the maximum extent permitted by law: Avaytech’s aggregate liability under the Agreement shall be limited to the total fees paid by you in the 12 months preceding the claim. In no event shall Avaytech be liable for indirect, incidental, consequential, punitive or special damages (including loss of profits, revenue, data or business interruption).

14.4 Mandatory Law. Nothing in this clause excludes or limits liability to the extent such exclusion or limitation is unlawful under South African law.

15. Support & Maintenance

15.1 Support Scope. Support services (if included or purchased) are subject to the terms of the Service Order or support agreement, including response times, service hours, and escalation procedures.

15.2 Exclusions. Support does not include fixing of issues caused by you, your third-party software, or unsupported customisations unless otherwise agreed. Additional work will be charged at standard rates.

15.3 Ticketing. You must submit support requests via Avaytech’s support system or designated channel, with sufficient information for diagnosis; response times commence upon receipt of a valid ticket.

16. Indemnity

You indemnify, defend and hold harmless Avaytech (and its officers, employees, agents and subcontractors) from any claims, losses, damages, liabilities, costs (including legal costs on an attorney-and-own-client basis) arising from your breach of this Agreement, your content or materials, your use of Services, your violation of third-party rights or laws (including intellectual property, data protection, domain registration law).

17. Intellectual Property Infringement Claims

If Avaytech receives a claim that a Service or deliverable infringes a third-party IP right, Avaytech may (at its option) (a) secure the right to continue providing the Service; (b) modify the Service to avoid infringement; (c) replace the Service with a non-infringing alternative; or (d) terminate the Service and refund to you the fees paid for the affected Service (less any work performed). This is your sole remedy for such claims.

18. Force Majeure

Neither party will be liable for delay or failure in performance due to causes beyond its reasonable control, including acts of God, power failures, labour disputes, pandemics, war, terrorism, natural disasters, or government actions. If the force majeure continues for more than 60 days, either party may terminate affected Services on notice.

19. Notices

Notices under this Agreement must be in writing and sent to the address or email stated in the Service Order or last notified in writing. Notices sent by email are deemed received on the business day sent (if before 17:00 SAST) or next business day otherwise.

20. Assignment & Subcontracting

You may not assign or transfer your rights or obligations without Avaytech’s written consent. Avaytech may subcontract or assign parts of its obligations provided it remains responsible for their performance.

21. Relationship Of Parties

Nothing in this Agreement creates a partnership, joint venture, employment or agency relationship between you and Avaytech. Each party is an independent contractor.

22. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) for any dispute arising under this Agreement.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior discussions, proposals and communications. Any amendment or waiver must be in writing and signed by both parties.

24. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any invalid provision shall be replaced with a valid provision that most closely reflects the parties’ intent.