Terms and Conditions for Rapid Solve IT (Pty) Ltd

 **Effective Date: August 25, 2025**

 These Terms and Conditions ("Terms") govern your access to and use of the website www.rapidsolve.co.za ("Website") and any IT and internet services ("Services") provided by Rapid Solve IT (Pty) Ltd ("we," "us," or "our"), a company registered in South Africa, physical address 78 Kalkoen Street, Monument Park, Pretoria, email sales@rapidsolve.co.za, and phone 010 101 3749. By accessing the Website or engaging our Services, you ("Client" or "you") agree to be bound by these Terms, including the Acceptable Use Policy (Section 13). If you do not agree, please do not use the Website or Services.

 These Terms form a binding agreement compliant with the **Electronic Communications and Transactions Act 25 of 2002 (ECTA)** and **Consumer Protection Act 68 of 2008 (CPA)**. We may update these Terms at any time, notifying you via email to your registered address. Continued use after changes constitutes acceptance.

1. Description of Services

We provide IT and internet services, including but not limited to:

- VoIP setup and support.

- Remote and in-person IT support (e.g., troubleshooting, network configurations).

- Software installation and maintenance.

- Data backup and recovery.

- Hardware repairs (subject to “No Fix, No Fee” for non-hardware issues).

- Network installations and Wi-Fi solutions (e.g., routers, extenders).

- Internet services (home/business fibre or wireless packages, backup internet).

- Supply of products (e.g., UPS, laptops, monitors).

 - **Scope**: Services are detailed in a Service Level Agreement (SLA) or quotation, incorporated herein.

- **Delivery**: We will use reasonable efforts to deliver Services on time, but timelines are estimates unless specified.

- **Client Responsibilities**: You must provide accurate information, system access, and cooperation. Failure may delay Services or incur additional fees.

 2. User Accounts and Access

To access certain Services, you may need an account. You agree to:

- Provide accurate and complete information during registration (mandatory fields marked with an asterisk). Valid ID is required for 12- and 24-month contracts.

- Keep login credentials confidential.

- Notify us immediately of unauthorized access.

- Update user data promptly if it changes.

We may reject registrations with incomplete data or suspend/terminate accounts for inaccurate data or Terms violations.

 3. Fees and Payment

- **Pricing**: Fees are as quoted or in the SLA. All prices exclude VAT, added at 15% per the **Value-Added Tax Act 89 of 1991**. All transactions are in South African Rand (ZAR).

- **Payment Terms**: We do not extend credit; payment is required upfront, and Services will not activate without payment. Invoices are due by the end of the month of issuance. Late payments incur interest at the prime rate + 2% per annum, per the **National Credit Act 34 of 2005** (if applicable).

- **Methods**: Payments via EFT, credit card, or debit card, per ECTA. Bank details:

Bank: Standard Bank

Account Name: Rapid Solve IT (PTY) LTD

Account Number: 10255727508

Branch Name: Johannesburg

Brance code (EFT): 051001.

- **Refunds**: No refunds for services purchased in error. Refunds are granted only if a service fails to meet the product description and these Terms, or for erroneous deposits into our account (subject to a 15% fee to cover bank charges, processed 7 days after payment). Debit order/credit card refunds are processed after the second week of the month. Consumers have a 7-day cooling-off period for electronic transactions under ECTA Section 44, unless Services have commenced.

4. Internet Services Specific Terms

 4.1 Disclaimer of Warranty

The Website and internet Services (e.g., fibre, wireless, backup internet) are provided “as is” without warranty of any kind, express or implied, including but not limited to merchantability, fitness for purpose, or non-infringement. We do not guarantee the safety, reliability, or accuracy of these Services. We are not liable for direct, indirect, special, incidental, or consequential damages (e.g., data loss, lost revenues, lost profits) from inability to use, or correct/incorrect use, abuse, or misuse of these Services, even if informed of such possibilities. This disclaimer does not exclude damages due to our negligence. Use is prohibited where this disclaimer is not legally enforceable.

 4.2 Content and Third-Party Links

- We link to third-party sites and information globally. We have no control over and offer no guarantee for their accuracy, currency, content, or quality.

- We are not responsible for any injury, loss, expense, or damage from accessing the Website or Services, including due to:

  - Unauthorized third-party access.

  - Equipment or access medium failure.

  - Failure or unavailability of our or third-party systems, preventing access or transaction processing.

  - Destruction or accessing of your data or equipment.

  - Website alterations, modifications, upgrades, or updates.

- You indemnify us against any demand, claim, or action related to your use of the Website or Services.

- We reserve the right to alter, modify, suspend, or withdraw the Website or Services at any time without notice.

 4.3 Equipment

- Routers provided for internet Services are free to use but remain our property.

- Post-installation, you are liable for the router.

- We are not responsible for equipment damage. You must replace damaged equipment at its replacement value, invoiced to you.

- If equipment is not returned upon cancellation, you will be invoiced for its replacement value.

- Free-to-use routers have limitations for lines above 100Mbps; you are responsible for purchasing a suitable router if needed.

 4.4 Upgrades/Downgrades

- Downgrades require a calendar month’s notice (e.g., notice on October 10 means downgrade effective end of November). A penalty fee from our Fibre Network Operator (FNO) may apply, which we may pass on.

- Upgrades can occur at any time, with pro-rata billing from the upgrade date.

- We reserve the right to pass on FNO charges for upgrades/downgrades.

 4.5 Cancellation

- Cancellation of internet Services (fibre or wireless) requires a calendar month’s notice (e.g., notice on October 10 means cancellation effective end of November).

- You are responsible for returning the router upon cancellation, or you will be invoiced for its replacement value.

- Cancellations must be submitted via the online cancellation link at www.rapidsolve.co.za. Email or telephonic cancellations are not accepted.

- Incorrect cancellation information is invalid, and cancellation will be rejected.

- Submit cancellations to accounts@rapidsolve.co.za for assistance.

5. Intellectual Property

- **Ownership**: We retain all rights to our intellectual property (IP), including software, code, designs, and materials created during Services. You receive a non-exclusive, non-transferable license to use deliverables for internal business purposes.

- **Client Materials**: You warrant that provided materials do not infringe third-party rights. You grant us a license to use them for Services.

- **Infringement**: If deliverables infringe third-party IP, we will modify or replace them at our cost, subject to Section 9.

- **Website IP**: Unless stated otherwise, we own all IP rights in the Website. Unauthorized use is prohibited.

6. Data Protection

We handle personal information per our Privacy Policy (www.rapidsolve.co.za). By using our Services, you consent to data processing as described.

- **Security**: We implement reasonable safeguards (e.g., encryption, access controls) against data breaches, per the **Cybercrimes Act 19 of 2020**.

- **Your Rights**: You may access, correct, or request deletion of your data, subject to legal obligations. Contact us at sales@rapidsolve.co.za.

- **Cross-Border Transfers**: If data is transferred internationally, we ensure adequate protections.

- **Your Content**: You are responsible for all content you access, upload, post, email, or transmit via the Website or Services. We are not liable for loss of such content; maintain backups. 

For cookies and tracking, see our Cookie Policy. Consent for cookies is obtained where required under ECTA.

7. Warranties and Disclaimers

- **Our Warranties**: Services are provided with reasonable skill and care, per industry standards. Products carry manufacturer warranties only.

- **Client Warranties**: You warrant compliance with laws and that your use of Services will not infringe rights or harm systems.

- **Disclaimers**: Services are provided “as is.” We disclaim implied warranties to the extent permitted by the CPA. We are not liable for failure to use Services due to your inadequate equipment or bandwidth.

8. Limitation of Liability

To the extent permitted by law (including CPA for consumers):

- Our liability is limited to fees paid for the affected Services in the prior 12 months.

- We are not liable for indirect, consequential, or punitive damages (e.g., loss of data, profits, or business).

- Force majeure events (e.g., strikes, natural disasters) excuse performance.

- We are not liable for damages from third-party links or content accessed via the Website.

9. Indemnity

You indemnify us against claims arising from your misuse of Services, breach of these Terms, or infringement of third-party rights.

10. Termination

- **By Us**: For breach (e.g., non-payment, insolvency, or acts equivalent to insolvency under the **Insolvency Act**), with 14 days’ written notice to remedy the breach, including:

  - Non-payment or late payment of invoices.

  - Winding-up, sequestration, business rescue, or creditor arrangements.

  - Inability to pay debts or insolvency.

  - Appointment of a liquidator, curator, or business rescue practitioner.

- **By You**: As per SLA or ECTA cooling-off rights. Cancellation of internet Services requires a calendar month’s notice via the online cancellation link.

- **Effects**: You must pay outstanding fees and return equipment (e.g., routers) or pay replacement costs.

11. Early Cancellation or Termination

If the Agreement is cancelled or terminated under Section 4.5 or 10:

- You are responsible for:

  - Recovery or replacement costs of our equipment.

  - Repair or replacement costs for damaged equipment.

  - Remaining balance of the contract price (for 12- or 24-month contracts).

  - Installation costs or penalties charged by our FNO due to cancellation.

  - Debt recovery charges and legal fees (on attorney-client scale) for outstanding balances.

12. Customer Relocations

- If you relocate to a location where we cannot provide Services, it is deemed an early cancellation, and Section 11 applies.

- Services are linked to the original installation address. Address changes incur installation, admin, and related fees, invoiced before relocation.

13. Acceptable Use Policy (AUP)

By accessing the Website or contracting for Services, you agree to this Acceptable Use Policy (AUP), which outlines acceptable and prohibited uses to ensure compliance with South African laws, protect our network, and maintain service integrity. Contact our client services at 010 101 3749 for queries.

 13.1 Purpose

The AUP ensures compliance with South African laws, specifies unacceptable activities, and outlines consequences for violations. We respect your rights to freedom of speech, access to information, human dignity, and belief, per the Constitution, but may intervene if these rights are used unlawfully or threaten harm to others or our network.

 13.2 Unlawful Use

Services and the Website may only be used for lawful purposes. Prohibited activities include:

- Violating laws on child pornography, obscenity, discrimination (e.g., racial, gender, religious slurs), hate speech, or incitement to violence/harm.

- Defaming, abusing, stalking, harassing, or threatening individuals.

- Infringing intellectual property laws (e.g., copyright, trademarks, trade secrets). We are not liable for unlawful use of multimedia content accessed via our Services.

- Collecting third-party personal data without consent.

- Engaging in fraudulent activities (e.g., pyramid schemes, impersonation, unauthorized transactions).

- Violating exchange control laws.

- Selling, transmitting, or distributing pirated/illegal software.

- Sending unsolicited mail after a recipient requests removal from marketing lists.

If you reside outside South Africa, you are subject to local laws. We may assist foreign law enforcement with legal orders, providing relevant data.

 13.3 Prohibited Activities

The following are unacceptable uses of our Services/Website:

- **Threats to Network Security**:

  - Attempting unauthorized access or circumventing security measures (“cracking” or “hacking”).

  - Forging TCP-IP packet headers (“spoofing”) or email/newsgroup headers.

  - Breaching another user’s security or accessing their data without consent.

  - Disrupting Services via denial-of-service attacks, flooding, overloading, or unauthorized probes (“scanning” or “nuking”).

  - Distributing viruses, Trojan horses, worms, or other harmful components.

  - Unauthorized monitoring of data/traffic without our written consent.

- **Unsolicited Mail (Spam)**:

  - Sending unsolicited bulk mail (marketing, political, religious, or commercial) without recipient consent.

  - Maintaining mailing lists without permission of all recipients.

  - Failing to remove invalid/undeliverable addresses or unwilling recipients.

  - Collecting responses from unsolicited emails violating this AUP or other providers’ policies.

  - Including our name/IP address in unsolicited emails.

  - Failing to secure mail servers against public relay. We may examine mail servers for relay vulnerabilities and share results with you.

- **Public Spaces and Third-Party Content**:

  - We do not control content on the internet (e.g., email, chatrooms, newsgroups). We are not liable for loss/damage from such content or breaches of privacy in public spaces (e.g., bulletin boards, Usenet, forums).

  - Our network is a conduit for third-party content; you access it at your own risk.

- **Usenet Newsgroups**:

  - You must comply with newsgroup policies, obtainable from moderators/users.

  - Prohibited: excessive cross-posting, posting irrelevant/off-topic material, posting binaries to non-binary groups, or unpermitted commercial messages.

  - We do not control newsgroup content and are not liable for it (e.g., pornography, pirated media).

- **Protection of Minors**: Using Services to harm or attempt to harm minors (e.g., via unlawful content like child pornography) is prohibited.

 13.4 Consequences of AUP Breach

Upon receiving a complaint or detecting a violation, we may:

- Notify your network administrator to address the issue per this AUP.

- Suspend access to your network/account until the violation is resolved.

- Warn you, suspend, or terminate your account/Services.

- Charge administrative costs and time lost due to the incident.

- Assist other networks/websites in investigations.

- Institute civil/criminal proceedings.

- Share incident details with other internet providers or law enforcement, or publish the information.

14. Monitoring

We may, but are not obligated to, monitor Website activity and content. We may investigate violations or complaints and take action (e.g., warnings, suspension, termination, content removal).

 15. Errors and Omissions

- We are not liable for damage, loss, or liability from use or inability to use the Website or Services, or from errors/omissions in content or technology.

- We strive to accurately indicate prices and delivery charges. If products/Services are offered at incorrect prices, we are not obligated to honour them but will refund payments if you decline the correct price, per CPA.

16. General Provisions

- **Entire Agreement**: These Terms, SLA, Privacy Policy, and Cookie Policy form the full agreement.

- **Severability**: Invalid provisions do not affect the rest.

- **Waiver**: No waiver unless in writing.

- **Assignment**: We may assign rights; you may not without consent.

- **Notices**: Via email (sales@rapidsolve.co.za) or post to 78 Kalkoen Street, Monument Park, Pretoria, per ECTA.

- **Cybersecurity**: We comply with cybersecurity guidelines; incidents are reported per the **Cybercrimes Act 19 of 2020**.

- **Price Changes**: We may adjust Service/product prices with 2 weeks’ notice.

- **Service Enhancements**: We may increase internet speed/data at no extra cost or withdraw promotions at any time.

17. Contact Us

For questions, complaints, cancellations, or support:

- **Email**: sales@rapidsolve.co.za

- **Phone**: 010 101 3749

- **Address**: 78 Kalkoen Street, Monument Park, Pretoria

By using our Website or Services, you confirm you have read, understood, and agree to these Terms, including the Acceptable Use Policy.