Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the services provided by Bruton IT Solutions (Pty) Ltd ("Company", "we", "us", or "our"), a company registered in South Africa.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. Definitions

• "Services" means domain registration, web hosting, email hosting, systems design, and any other services provided by the Company
• "Client" or "you" means the person or entity using our Services
• "Account" means the account created to access and use our Services
• "Content" means any data, text, files, or materials uploaded or transmitted through our Services

3. Services

3.1 Service Provision

We provide various IT services including but not limited to:

• Domain name registration and management
• Web hosting (standard hosting and WordPress hosting)
• Email hosting and management
• Custom systems design and development
• Data capture solutions
• AI-powered automation solutions

3.2 Service Levels

We strive to provide reliable services but do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be communicated in advance where possible.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.

4. Account Registration and Security

4.1 Account Creation

To use our services, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized access
• We are not liable for losses arising from unauthorized account use

4.3 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. Fees and Payment

5.1 Pricing

Service fees are as quoted on our website or in your service agreement. All prices are in South African Rand (ZAR) unless otherwise stated.

5.2 Payment Terms

• Payment is due in advance unless otherwise agreed in writing
• Invoices must be paid within 30 days of issue date
• Late payments may incur interest charges and service suspension

5.3 Refunds

Refunds are handled on a case-by-case basis. Domain registration fees and custom development work are generally non-refundable.

5.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Existing contracts will honor agreed pricing until renewal.

6. Client Responsibilities

6.1 Acceptable Use

You agree not to use our services for:

• Illegal activities or content that violates South African law
• Distribution of malware, viruses, or harmful code
• Spam, phishing, or unsolicited bulk email
• Intellectual property infringement
• Harassment, hate speech, or discriminatory content
• Activities that compromise system security

6.2 Content Responsibility

You are solely responsible for all Content uploaded, transmitted, or stored using our services. We do not monitor Content but reserve the right to remove Content that violates these Terms.

6.3 Backup Responsibility

While we perform regular backups, you are responsible for maintaining your own backups of all Content and data.

7. Intellectual Property

7.1 Our Intellectual Property

All intellectual property rights in our website, services, and materials remain our property or that of our licensors.

7.2 Client Content

You retain all rights to your Content. By using our services, you grant us a limited license to host, store, and process your Content solely for the purpose of providing services.

7.3 Custom Development

For custom systems design projects, intellectual property ownership will be specified in the project agreement.

8. Data Protection and Privacy

We process personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy. By using our services, you consent to such processing and warrant that all data provided is accurate.

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that services will be provided with reasonable care and skill. However, services are provided "as is" without warranties of any kind, express or implied.

9.2 Disclaimer

We do not warrant that:

• Services will be uninterrupted or error-free
• Results obtained will meet your requirements
• Defects will be corrected
• Services are free from viruses or harmful components

10. Limitation of Liability

To the maximum extent permitted by South African law:

• Our total liability for any claim shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not liable for indirect, consequential, or special damages
• We are not liable for loss of profits, data, or business opportunities
• We are not liable for losses caused by circumstances beyond our reasonable control

11. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your Content or activities
• Your violation of any third-party rights

12. Termination

12.1 Termination by Client

You may terminate services by providing 30 days' written notice. No refunds will be provided for unused services.

12.2 Termination by Company

We may terminate or suspend services immediately if you:

• Breach these Terms
• Fail to pay amounts due
• Engage in illegal or abusive activities

12.3 Effect of Termination

Upon termination, you must immediately cease using our services. We may delete your data after termination unless legally required to retain it.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of services, except where disclosure is required by law.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or technical failures.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the South African courts.

16. Dispute Resolution

16.1 Negotiation

In the event of a dispute, parties agree to first attempt resolution through good faith negotiation.

16.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing legal action.

16.3 Legal Action

If mediation is unsuccessful, disputes may be resolved through the South African court system.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of our services.

17.2 Amendments

We may update these Terms from time to time. Material changes will be communicated via email or website notification.

17.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force.

17.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

18. Contact Information

For questions about these Terms, please contact us:

Bruton IT Solutions (Pty) Ltd
Email: info@brutonit.co.za
Phone: +27 83 743 1690