Terms and Conditions of Service

1. Quotations

A quotation is valid for 30 days from its date. Prices are based on the scope described in it. Third-party prices (licences, hardware, hosting) may change before acceptance; we will tell you before ordering.

2. Acceptance

A quotation becomes a binding agreement when you sign its acceptance block, accept it in writing (email or WhatsApp), issue a purchase order for it, or pay the deposit. By accepting, you agree to these terms.

3. VAT

MKETICS is not registered for VAT, so no VAT is charged. If we register for VAT, prices on new quotations will show VAT separately.

4. Deposits

Unless the quotation says otherwise:

• software and website projects require a 50% deposit before work starts;
• licences, hardware and other third-party items are paid in full before we order them;
• on-site IT work is invoiced on completion.

5. Payment

Invoices are payable within 7 days of the invoice date, or on the dates in an agreed payment schedule. Pay by EFT to the account on the invoice and use the invoice number as the reference. Send proof of payment to mketics@gmail.com.

6. Late payment

If an amount is not paid by its due date:

• interest is charged on the overdue amount from the due date at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975;
• we may suspend work, support and hosting after giving you 7 days’ written notice;
• you are liable for reasonable collection costs, including legal costs, incurred to recover overdue amounts.

7. Ownership of goods

Hardware and other goods remain the property of MKETICS until paid for in full.

8. Ownership of software

Once paid in full, you own the custom code and content we create specifically for you. MKETICS keeps ownership of its own products, tools, templates and code libraries used in the work, and gives you a licence to use them as part of your system. Third-party software and licences are subject to their suppliers’ terms.

9. Changes to scope

Work not described in the quotation is a change. We will quote every change in writing, and do it only once you approve. Approved changes may also change the timeline.

10. Your responsibilities

You agree to:

• give us timely access to premises, devices, systems, information and decision-makers;
• provide content, logins and approvals when needed;
• back up your data before we work on your devices or systems;
• use only properly licensed software, and supply licence details where needed.

Delays caused by missing access, information or approvals extend the timeline and may be charged as waiting time.

11. Completion and acceptance

When the work is done, we hand it over with a completion certificate. You have 5 business days to sign it or report defects in writing. If you report nothing in that time, or you start using the work in normal operations, the work is accepted. Signing the certificate does not affect your warranty.

12. Warranty

We warrant our workmanship for 3 months from the date of completion (or longer if the quotation says so). During this period we will fix defects in our work at no charge. The warranty does not cover:

• damage, misuse or changes made by anyone other than MKETICS;
• viruses, power surges, theft or hardware failure not caused by our work;
• third-party products, which carry their suppliers’ own warranties.

After the warranty, support is charged at our standard rates or under a support agreement.

13. Call-outs and site visits

On-site visits within 30 km of KwaDukuza carry a fixed R500 call-out fee, which includes travel and the first 30 minutes. Longer distances are quoted per trip. Work after hours, on weekends or on public holidays is charged at 1.5 times the normal rate. Cancelling a booked visit with less than 24 hours’ notice may be charged the call-out fee.

14. Cancellation

You may cancel an accepted quotation in writing. You pay for work already done and for third-party items already ordered. Deposits cover these costs first, and any balance is refunded.

15. Confidentiality and personal information

We keep your business information confidential. Where we process personal information for you, we do so only to deliver the service, keep it secure, and comply with the Protection of Personal Information Act (POPIA). Our Information Officer is registered with the Information Regulator (No. 2026-071426).

16. Liability

Nothing in these terms limits liability for gross negligence, wilful misconduct or any right you have under the Consumer Protection Act. Otherwise, MKETICS is not liable for indirect or consequential loss, including lost profits or data, and our total liability for any claim is limited to the amount paid for the work giving rise to that claim.

17. Disputes

If a dispute arises, the parties will first try to resolve it through good-faith discussion within 10 business days of written notice. If that fails, either party may refer it to mediation or to a court with jurisdiction, including the Small Claims Court.

18. Notices

Notices may be given by email or WhatsApp to the contact details on the quotation. MKETICS chooses H86 Groutville, Charlottedale, KwaDukuza, KwaZulu-Natal, 4449 as its address for legal notices.

19. General

These terms and the quotation are the whole agreement. Changes are valid only in writing and accepted by both parties. If any clause is unenforceable, the rest remains in force. South African law applies.