Terms of Service
Our terms and conditions for using Profound World IT Solutions services and website. Please read these terms carefully.
1. Acceptance of Terms
By accessing and using the Profound World IT Solutions website and/or engaging our services, you ("Client") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, please do not use our website or services.
Profound World IT Solutions (Pty) Ltd ("we", "us", "our") reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of any modified Terms.
2. Services
2.1 Service Description
We provide comprehensive IT services including but not limited to:
- Infrastructure & Hardware Management
- Software Development
- Cybersecurity & Compliance
- Cloud Solutions
- Network & Connectivity
- Digital Presence
- AI & Automation
- IT Consulting
2.2 Service Level Agreement
We strive to maintain 99.9% uptime for our services, excluding scheduled maintenance and circumstances beyond our reasonable control (including load shedding, natural disasters, and third-party service failures).
3. Client Responsibilities
As a Client, you agree to:
- Provide accurate and complete information required for service delivery
- Maintain the security of your access credentials
- Comply with all applicable laws and regulations
- Not use our services for illegal or unauthorized purposes
- Cooperate with our team during service implementation and support
- Provide necessary access to systems and information as required
- Report any issues or concerns promptly
4. Payment Terms
4.1 Fees and Payment
Service fees are as specified in your service agreement or quote. Payment terms are typically 30 days from invoice date, unless otherwise agreed in writing.
4.2 Late Payment
Late payments may incur interest at the prime rate plus 5% per annum. We reserve the right to suspend services for accounts with overdue payments.
4.3 Price Adjustments
We may adjust our prices with 30 days' written notice. Price adjustments will not apply to existing projects under signed agreements.
5. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and confidential information shared during the course of our business relationship. This includes but is not limited to:
- Business information and strategies
- Technical information and systems
- Client data and customer information
- Financial information
- Trade secrets and intellectual property
POPIA Compliance:
We handle all client information in compliance with POPIA and implement appropriate measures to protect personal information.
6. Intellectual Property
6.1 Our Intellectual Property
We retain all rights, title, and interest in our pre-existing intellectual property, including software, methodologies, and documentation. You are granted a non-exclusive, non-transferable license to use our intellectual property as part of the services provided.
6.2 Client Intellectual Property
You retain all rights to your pre-existing intellectual property. Any custom deliverables developed specifically for you under a signed agreement shall become your property upon full payment, subject to our licensing rights for underlying technologies.
7. Limitation of Liability
To the fullest extent permitted by law, our total liability for any claims arising from or related to our services shall not exceed the total fees paid by you for the services giving rise to the claim in the preceding 12 months.
We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if advised of the possibility of such damages.
Important Notice:
While we implement robust security measures, we cannot guarantee absolute security against all threats, particularly those beyond our reasonable control.
8. Termination
8.1 Termination by Client
You may terminate our services with 30 days' written notice. You will be responsible for all fees accrued up to the effective termination date.
8.2 Termination by Us
We may terminate services with 30 days' written notice, or immediately in cases of:
- Material breach of these Terms
- Non-payment of fees
- Illegal use of our services
- Providing false or misleading information
8.3 Post-Termination
Upon termination, we will provide reasonable assistance in transitioning your services and return or securely destroy your data, subject to payment of all outstanding fees.
9. Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved through good faith negotiations. If disputes cannot be resolved within 30 days, they shall be referred to mediation before proceeding to litigation.
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Gauteng Province, South Africa.
10. General Provisions
- Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control
- Entire Agreement: These Terms constitute the entire agreement between us and you
- Severability: If any provision is invalid, the remaining provisions remain in effect
- Waiver: Failure to enforce any provision does not constitute a waiver
- Assignment: You may not assign your rights without our written consent
- Notices: All notices shall be in writing and sent to the addresses specified below
11. Contact Information
For questions about these Terms of Service, please contact us:
Profound World IT
Ground & 1st FloorGateway West
22 Magwa Crescent
Johannesburg
South Africa, 1682
Email: info@profoundit.co.za
Phone: +27 10 003 7183
Website: www.profoundit.co.za
Questions About Our Terms?
Our legal team is here to help with any questions about our Terms of Service or service agreements.