Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you or the corporate entity you represent ("Client", "you", or "your") and Afrithink Technologies Pty Ltd ("Afrithink", "Company", "we", "us", or "our"), incorporated in South Africa.

By signing a Service Level Agreement (SLA), Statement of Work (SOW), Proposal, or utilizing our website and consulting services, you agree to be bound by these Terms. If you are entering into this agreement on behalf of a business, you warrant that you have full legal authority to bind that entity.

2. Description of Services

Afrithink Technologies provides enterprise technology services including, but not limited to:

• Managed IT Services: Proactive workstation monitoring, server maintenance, helpdesk support, and network administration.
• Odoo ERP Solutions: Implementation, module customization, third-party integration, data migration, user training, and maintenance support.
• Cybersecurity & Resilience: Threat detection, endpoint security, firewall configurations, security audits, and automated cloud backup.
• IT Consulting & Hardware: Strategic architectural consulting, infrastructure upgrades, hardware procurement, and licensing management.

Detailed project scopes, deliverables, and customized milestones are specified in individual Statements of Work executed between the parties.

3. Client Responsibilities & Cooperation

To enable timely and effective service delivery, the Client agrees to:

• Provide Afrithink personnel with reasonable administrative access to systems, servers, facilities, and network configurations necessary for service execution.
• Designate an authorized project representative or point of contact empowered to grant approvals, make decisions, and verify project deliverables.
• Maintain valid software licenses for all proprietary third-party software and systems outside the direct scope of Afrithink's managed procurement.
• Ensure internal teams observe acceptable computer use and security policies to protect network integrity.

4. Support Hours, SLAs & Incident Management

Standard support hours are Monday to Friday, 08:00 to 17:00 (SAST), excluding South African public holidays. Priority support and critical server monitoring operate under 24/7 on-call escalation schedules as defined in your SLA schedule.

Incident classification and response targets:

5. Fees, Invoicing & Payment Terms

All fees are quoted in South African Rand (ZAR) exclusive of Value Added Tax (VAT), unless explicitly indicated otherwise.

• Recurring Services: Retainers and managed services are invoiced monthly in advance and payable on or before the due date stated on the invoice.
• Project Work & Odoo Implementations: Billed in accordance with milestone payment schedules detailed in the relevant Statement of Work.
• Hardware & Third-Party Licenses: Prepayment in full is required prior to hardware dispatch or third-party license procurement.
• Overdue Accounts: Invoices unpaid past the stipulated payment grace period may incur interest at the maximum statutory rate and may result in the temporary suspension of support services after written notice.

6. Intellectual Property & Deliverables

Client Materials: The Client retains exclusive ownership of all proprietary data, trade secrets, documents, and materials supplied to Afrithink.

Afrithink IP: Pre-existing tools, proprietary scripts, reusable code modules, frameworks, and methodologies developed by Afrithink remain our sole property. Upon full settlement of all related fees, the Client is granted a non-exclusive, perpetual, royalty-free license to utilize such deliverables for internal operational purposes.

Odoo Community & Enterprise Code: Open-source and third-party modules remain subject to their respective open-source licenses (such as LGPL) or Odoo Enterprise agreements.

7. Data Protection & POPIA Compliance

Afrithink Technologies strictly adheres to the Protection of Personal Information Act (Act 4 of 2013) ("POPIA") of South Africa.

• Where Afrithink processes personal information on your behalf, we act strictly as an Operator in terms of POPIA.
• We implement appropriate technical, organizational, and physical security safeguards to prevent loss, damage, or unauthorized access to personal information.
• Both parties maintain strict mutual confidentiality concerning all proprietary business, financial, operational, and customer records disclosed during the engagement.

8. Warranties & Limitation of Liability

Afrithink warrants that all services will be rendered with reasonable professional skill, care, and diligence consistent with industry standards in the South African IT sector.

To the maximum extent permitted by South African law, Afrithink shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, data loss, business interruption, or telecommunication failures caused by external utilities or upstream service providers.

Afrithink's aggregate liability arising out of or related to any engagement shall not exceed the total fees paid by the Client to Afrithink under the relevant Statement of Work in the three (3) months preceding the incident.

9. Term, Suspension & Termination

Service agreements commence on the effective date indicated in the proposal or SLA and continue for the initial term specified therein. Either party may terminate an agreement:

• Upon thirty (30) days' written notice prior to the expiration of the current contract term.
• Immediately if the other party commits a material breach of these Terms and fails to remedy such breach within fourteen (14) calendar days of receiving written notice.
• Immediately upon the liquidation, business rescue, or insolvency of either party.

Upon termination, all outstanding fees for services performed up to the termination date become immediately due and payable.