Terms and Conditions, Service Delivery and Refund Policy
1. Company information
These Terms and Conditions are issued by:
Technolibra Solutions (Pty) Ltd
In this document, “Technolibra”, “we”, “us” and “our” refer to Technolibra Solutions (Pty) Ltd. “Customer”, “you” and “your” refer to the person or organisation purchasing or using our services.
2. Acceptance of these terms
By requesting, purchasing, paying for, accessing or continuing to use our services, you confirm that:
- You have read and accepted these Terms and Conditions.
- The information you provide to us is complete and accurate.
- If you act for a company or other organisation, you are authorised to bind that organisation.
- You will use our services only for lawful purposes.
These terms must be read together with the relevant quotation, proposal, order form, service-level agreement or written scope of work issued to you. If there is a conflict, the signed service-specific document will take priority, except where applicable law provides otherwise.
3. Services
Technolibra provides technology-related services that may include:
- ICT support and technical assistance;
- website, application, email or server hosting;
- system monitoring and maintenance;
- backups, where included in the selected package;
- domain, email and related infrastructure administration;
- software installation and configuration;
- remote or on-site technical support; and
- other services described in an accepted quotation or service agreement.
Only services expressly included in the Customer’s selected subscription, quotation or service agreement are covered. Additional work may be quoted and charged separately.
4. Subscription options
4.1 Monthly subscriptions
A monthly subscription runs from month to month and is billed in advance unless otherwise stated in writing.
The subscription automatically renews each month until cancelled in accordance with clause 13.
4.2 Annual subscriptions
An annual subscription runs for 12 months from its activation date unless another period is stated in the accepted quotation or service agreement.
Annual fees may be payable:
- as one upfront payment; or
- in instalments, where Technolibra has agreed to this in writing.
An instalment arrangement does not convert an annual subscription into a monthly subscription. The Customer remains responsible for the annual commitment, subject to applicable consumer-protection legislation and the cancellation provisions below.
4.3 Changes to a subscription
A Customer may request an upgrade at any time. Additional charges may be calculated proportionally for the remaining billing period.
Downgrades will ordinarily take effect from the next renewal date and may be subject to technical limitations, outstanding commitments or third-party licence terms.
5. Prices and payment
- Prices will be stated in South African rand and will indicate whether VAT is included.
- Subscription fees are payable in advance by the due date on the invoice.
- Once-off work, equipment, licences, domain charges and third-party services may be invoiced separately.
- The Customer is responsible for ensuring that payments contain the correct invoice or account reference.
- The Customer must notify Technolibra of a disputed invoice within seven calendar days of receiving it, with reasons and supporting information.
- An invoice dispute does not entitle the Customer to withhold undisputed amounts.
- Technolibra may charge reasonable interest on overdue amounts at the maximum lawful rate stated on the invoice or service agreement.
- The Customer remains responsible for reasonable collection costs incurred in recovering overdue amounts, where permitted by law.
Technolibra may change subscription prices by giving at least 30 calendar days’ written notice. A price change will normally take effect on the next renewal date. The Customer may cancel before the new price takes effect, subject to clause 13.
6. Delivery and activation of services
Technolibra’s services are primarily delivered electronically or remotely.
6.1 Activation
Service activation ordinarily begins after:
- the Customer accepts the quotation or order;
- the required payment has cleared;
- the Customer provides all requested information, access credentials and approvals; and
- any required third-party service has become available.
The estimated activation date will be communicated to the Customer. Unless expressly guaranteed in writing, delivery dates are estimates and may depend on third-party providers.
6.2 Electronic delivery
Service details, access credentials, confirmations, invoices and support communications may be delivered by email, through a support platform or through another agreed electronic channel.
The Customer must provide a valid email address and keep its contact details updated.
6.3 Delays
Technolibra will not be responsible for delays caused by:
- incomplete or incorrect information supplied by the Customer;
- the Customer’s failure to provide access or approval;
- third-party suppliers, registrars, data centres, networks or software vendors;
- events outside Technolibra’s reasonable control; or
- required security, compliance or fraud-prevention checks.
We will inform the Customer of a material delay and take reasonable steps to complete delivery.
7. ICT support
- Support will be provided during the hours and through the channels specified in the applicable package or service agreement.
- Response times are targets unless expressly described as guaranteed service levels.
- Resolution time depends on the nature of the incident, access to the affected system and any third-party dependencies.
- After-hours, emergency, on-site or out-of-scope work may attract additional charges.
- The Customer must provide reasonable cooperation, accurate information and authorised access when requesting assistance.
- Technolibra may decline instructions that are unlawful, unsafe or likely to compromise a system or third party.
8. Hosting services
8.1 Availability
Technolibra will use reasonable skill and care to keep hosted services available. Continuous, uninterrupted or error-free availability cannot be guaranteed unless a specific uptime commitment is included in a signed service-level agreement.
Scheduled or emergency maintenance may temporarily affect availability.
8.2 Customer content
The Customer:
- owns or is responsible for its content;
- warrants that it is authorised to store and publish that content;
- must ensure that the content does not infringe intellectual-property, privacy or other legal rights;
- must not host unlawful, malicious, abusive or deceptive material; and
- must not use the service to distribute spam, malware or conduct unauthorised access attempts.
Technolibra may suspend or remove content where reasonably necessary to protect its systems, comply with the law or respond to a valid rights complaint.
8.3 Backups
Backups are provided only where included in the selected package or service agreement.
Unless otherwise agreed in writing, the Customer remains responsible for maintaining an independent and current copy of important data. A backup service reduces risk but does not guarantee that all information can always be recovered.
8.4 Third-party services
Domains, licences, cloud platforms, connectivity and certain hosting infrastructure may be provided by third parties. Their availability and terms may affect the services supplied by Technolibra.
Non-refundable charges imposed by a third party may remain payable by the Customer.
9. Customer responsibilities
The Customer must:
- Provide accurate billing, contact and technical information.
- Protect passwords, authentication methods and access credentials.
- Inform Technolibra promptly of suspected unauthorised access or security incidents.
- Maintain lawful licences for software not supplied by Technolibra.
- Use supported hardware, software and operating systems.
- Keep appropriate insurance and independent backups where commercially necessary.
- Pay all fees by their due dates.
- Ensure that its employees and authorised users comply with these terms.
The Customer is responsible for activity performed using its accounts unless that activity resulted directly from Technolibra’s proven failure to apply agreed security measures.
10. Acceptable use
The services may not be used to:
- break any applicable law;
- infringe intellectual-property or privacy rights;
- send unsolicited bulk communications;
- distribute malware or malicious code;
- interfere with networks, systems or other users;
- conduct unauthorised vulnerability testing or access attempts;
- host fraudulent, defamatory or illegal material; or
- consume resources in a manner that materially disrupts services for others.
Technolibra may investigate suspected abuse and may suspend affected services where reasonably necessary. Where practical and lawful, the Customer will be notified and allowed an opportunity to remedy the breach.
11. Suspension
Technolibra may suspend some or all services if:
- an undisputed invoice remains overdue;
- the Customer materially breaches these terms;
- the service presents a security or operational risk;
- continued provision would be unlawful;
- a third-party provider suspends a required service; or
- suspension is reasonably necessary to prevent harm.
Except in an emergency or where prohibited by law, Technolibra will provide reasonable notice and an opportunity to remedy the issue.
Suspension does not cancel outstanding fees or the subscription. A reasonable reconnection fee may apply where disclosed in advance.
12. Cooling-off rights
Where the Electronic Communications and Transactions Act 25 of 2002 or another applicable law gives a consumer a cooling-off right, the consumer may exercise that right within the relevant statutory period.
Where applicable to an electronically concluded service transaction, this may include cancellation within seven days after the agreement was concluded, without reason or penalty. Any refund legally due will be processed within the statutory period.
A statutory cooling-off right may not apply to every transaction or Customer. Nothing in these terms limits any right that cannot lawfully be excluded.
13. Cancellation
13.1 Monthly subscriptions
A Customer may cancel a monthly subscription by giving at least 30 calendar days’ written notice before the requested termination date.
Unless the law requires otherwise:
- amounts already billed for a current billing period are not refundable;
- the service remains available until the paid period ends; and
- cancellation takes effect after all outstanding amounts are paid.
13.2 Annual subscriptions
An annual subscription may be cancelled by giving written notice.
Where section 14 of the Consumer Protection Act 68 of 2008 applies, a consumer may cancel a fixed-term agreement by giving 20 business days’ written notice. Technolibra may impose a reasonable cancellation charge permitted by law, taking account of the remaining term, services already supplied, discounts granted, costs incurred and Technolibra’s ability to mitigate its loss.
Where the Consumer Protection Act does not apply to the transaction, early cancellation will be governed by the accepted quotation or service agreement. Unless otherwise agreed, the Customer may be liable for:
- services already delivered;
- committed third-party costs;
- discounts granted on the basis of the annual commitment; and
- a reasonable early-termination charge.
Technolibra will not impose a charge that is prohibited by applicable law.
13.3 Expiry and renewal of fixed-term agreements
Where the Consumer Protection Act applies, Technolibra will provide the required advance notice of the approaching expiry of a fixed-term agreement and explain the available renewal or termination options.
Unless the Customer expressly renews for another fixed term, the agreement will continue only as permitted by applicable law.
13.4 How to cancel
Cancellation requests must be sent to:
Email: [Cancellation/Billing Email Address]
The request should include the Customer’s name, account or invoice number, affected service and requested cancellation date.
A cancellation is effective only after Technolibra confirms receipt in writing. This requirement does not prevent a Customer from proving that a valid notice was delivered.
14. Refund policy
14.1 General rule
Subscription fees are paid for access to services, reserved capacity, support availability and underlying infrastructure. Payments are therefore generally non-refundable once the applicable billing period has started, except where:
- applicable law requires a refund;
- Technolibra charged the Customer incorrectly;
- the same amount was paid more than once;
- Technolibra cannot activate the purchased service;
- Technolibra materially fails to provide the agreed service and does not remedy that failure within a reasonable period after receiving written notice; or
- Technolibra agrees otherwise in writing.
14.2 Non-refundable charges
Unless required otherwise by law, refunds will not be granted for:
- change of mind after a statutory cooling-off period;
- failure to use an available service;
- suspensions resulting from non-payment or the Customer’s breach;
- delays or failures caused by the Customer;
- completed support work;
- domain registrations or renewals;
- activated software licences;
- third-party purchases made for the Customer; or
- custom work already performed.
14.3 Service problems
The Customer must report a material service problem promptly and allow Technolibra a reasonable opportunity to investigate and remedy it.
Depending on the circumstances, Technolibra may provide:
- restoration or re-performance of the service;
- a service credit;
- a proportional refund for the materially affected period; or
- cancellation and a refund where required by law.
Minor interruptions, planned maintenance and problems outside Technolibra’s reasonable control will not automatically qualify for a refund.
14.4 Refund requests
Refund requests must be submitted to [Refund/Billing Email Address] and must include:
- the Customer’s full name or business name;
- invoice and payment references;
- the reason for the request;
- relevant supporting information; and
- the preferred refund account, if requested securely by Technolibra.
Technolibra will acknowledge the request and ordinarily communicate a decision within 10 business days.
Approved refunds will ordinarily be processed within 10 business days after approval, or within any shorter or longer period required by applicable law. Bank and payment-provider processing times may affect when funds appear in the Customer’s account.
Refunds will ordinarily be made using the original payment method. Technolibra may verify banking details and the identity or authority of the requester to prevent fraud.
15. Termination by Technolibra
Technolibra may terminate an agreement:
- for a material breach that is not remedied within the notice period provided;
- immediately for serious unlawful or malicious conduct;
- where continuing the service becomes unlawful or technically impossible; or
- for operational reasons, on reasonable written notice.
If Technolibra terminates for operational reasons unrelated to the Customer’s breach, prepaid fees for the unused portion of the affected service will be refunded proportionally, excluding non-recoverable third-party charges that were properly disclosed.
On termination, the Customer must pay all amounts due up to the termination date.
16. Data after termination
Before termination takes effect, the Customer must arrange to download, transfer or back up its information.
Unless another retention period is agreed or required by law, Technolibra may delete Customer data 30 calendar days after the hosting service ends. Deleted data may not be recoverable.
Assistance with migration, extraction or restoration may be charged separately.
17. Privacy and security
Technolibra will process personal information in accordance with the Protection of Personal Information Act 4 of 2013 and its published Privacy Policy.
Personal information may be processed for:
- opening and managing Customer accounts;
- providing and securing services;
- billing and payment administration;
- communicating service notices;
- handling support and complaints; and
- meeting legal obligations.
Technolibra will implement reasonable technical and organisational safeguards, but no internet-based system can be guaranteed to be completely secure.
Where Technolibra processes personal information on the Customer’s behalf, the parties may be required to enter into a separate data-processing or operator agreement.
18. Intellectual property
Technolibra retains ownership of its pre-existing software, processes, templates, documentation, tools, know-how and other intellectual property.
The Customer retains ownership of material it supplies.
Ownership or licensing of custom deliverables will be determined by the applicable quotation or service agreement. Unless expressly agreed otherwise, full rights in a custom deliverable will not transfer until all related invoices have been paid.
Third-party software and content remain subject to their respective licence terms.
19. Warranties
Technolibra will provide services with reasonable care, skill and diligence.
Except for warranties that cannot lawfully be excluded, Technolibra does not warrant that:
- services will always be uninterrupted or error-free;
- every technical issue can be resolved;
- third-party services will remain available;
- hosted content will achieve particular commercial results; or
- the services will meet requirements that were not disclosed and agreed in writing.
20. Limitation of liability
Nothing in these terms excludes or limits liability where doing so would be unlawful.
Subject to that qualification, Technolibra will not be liable for indirect, incidental, special or consequential loss, including loss of profits, anticipated savings, goodwill or business opportunity.
To the extent permitted by law, Technolibra’s total liability arising from an affected service will be limited to the fees paid for that service during the six months immediately preceding the event giving rise to the claim.
This limitation does not apply to fraud, wilful misconduct, gross negligence or any liability that applicable law does not permit Technolibra to limit.
21. Force majeure
Neither party will be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, widespread network failures, load shedding, civil unrest, labour disruption, governmental action, cyberattacks not caused by a party’s failure to take reasonable precautions, or failure of essential third-party infrastructure.
The affected party must take reasonable steps to reduce the impact and resume performance.
22. Complaints and dispute resolution
Customers should first submit complaints to:
Email: info@technolibra.co.za Telephone: 010 502 0817
Technolibra will acknowledge a formal complaint and attempt to resolve it in good faith.
If a dispute cannot be resolved directly, the parties may agree to mediation before commencing legal proceedings. Nothing in this clause prevents a consumer from approaching the National Consumer Commission, Consumer Goods and Services Ombud, Information Regulator or another body with lawful jurisdiction.
23. Notices
Legal or contractual notices must be delivered by email or to the physical addresses specified in the accepted quotation, Customer account or company information above.
Each party must notify the other of changes to its contact details. An electronic notice will be treated as received in accordance with applicable law and available proof of delivery.
24. Changes to these terms
Technolibra may update these terms to reflect changes in its services, business operations or legal obligations.
Material changes will be communicated in advance where reasonably possible. Changes will apply from the stated effective date and will not remove rights already accrued.
If a material change substantially disadvantages a Customer, the Customer may cancel the affected service before the change takes effect, subject to applicable law and committed third-party costs.
25. General provisions
- These terms and the accepted service documents constitute the agreement between the parties.
- A failure to enforce a right is not a waiver of that right.
- If a provision is found invalid or unenforceable, the remaining provisions will continue to apply.
- The Customer may not transfer the agreement without Technolibra’s written consent.
- Technolibra may use suitable employees, contractors and service providers to deliver the services while remaining responsible to the extent required by law.
- Headings are included for convenience and do not affect interpretation.
26. Governing law
These terms are governed by the laws of the Republic of South Africa.
The parties consent to the jurisdiction of the South African courts, without limiting any right a consumer may have to approach a competent consumer-protection or regulatory body.
