Terms of Service

Effective Date: 24 April 2026

Welcome to Digital Optad! We are delighted to have you here. Our goal is to support your organization in streamlining operations, improving efficiency, and scaling through secure, reliable, and integrated digital systems. We believe in transparent, fair, and mutually beneficial partnerships.

These Terms of Service ("Terms") are designed to be clear and easy to understand. They outline your rights as our valued customer, our responsibilities as your service provider, and the legal framework that governs our relationship. Please read them carefully, as they contain important information regarding your legal rights, including certain limitations of liability as required and permitted by South African law.

If you have any questions, our team is always here to help. You can reach us during our business hours using the contact details provided below.

1. Company Information & Mandatory Disclosures

In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), we provide the following information about our business:

• Company Name: Digital Optad (Pty) Ltd
• Company Registration Number: 2023/123456/07
• VAT Registration Number: 4123456789
• Physical & Postal Address: 6139 Makhanda, EC, ZA (This is our address for receipt of legal service)
• Office Bearer / CEO: Vusimani Kubhayi
• Email Address: contactus@digitaloptad.com
• Telephone Number: +27738399465
• Website: digitaloptad.com
• Business Hours: Monday to Friday, 16h45 to 22h00; Saturday and public holidays, 10h00 to 16h00
• Core Business: Systems integration, digital transformation, website hosting, domain registration, and custom digital solutions.

2. Definitions and Scope of Application

2.1. "Consumer" refers to any natural person, or a juristic person whose asset value or annual turnover is below the statutory threshold (currently R2 million), as defined in the Consumer Protection Act 68 of 2008 (CPA).

2.2. "Juristic Person" refers to a business entity (B2B) whose asset value or annual turnover equals or exceeds the CPA threshold.

2.3. These Terms apply to all services, software, and digital products provided by Digital Optad. By placing an order or using our services, you agree to be bound by these Terms.

2.4. Geographic Limitation: We exclusively target and provide services to customers located within the Republic of South Africa and the broader African continent. We do not accept orders from outside this region.

3. Contract Formation

3.1. The presentation of our services on our website constitutes an invitation to do business (an invitation to treat or invitatio ad offerendum), rather than a legally binding offer.

3.2. When you place an order through our website or via email, you are making a binding offer to enter into a contract. Because we provide customized technology solutions, we review and accept these agreements manually to ensure we can perfectly meet your needs.

3.3. A binding contract is only formed when we send you an explicit order confirmation via email. We reserve the right to decline any order at our discretion.

3.4. We reserve the right of self-supply. If a third-party service or component required for your project becomes unavailable through no fault of our own, we may need to withdraw from the contract. Should this happen, we will inform you immediately and promptly refund any payments you have already made.

4. Pricing, Invoicing, and Payment

4.1. All prices displayed include Value-Added Tax (VAT) at the applicable statutory rate, unless explicitly stated otherwise.

4.2. We accept the following payment methods: Prepayment, Credit Card, Capitec Pay, Cash on Delivery, and Invoice.

4.3. Where payment by invoice is agreed upon, the invoice amount is due and payable within 14 days of receipt.

4.4. Late Payments: We understand that administrative delays can happen. However, if payment is not received within the stipulated time, your account will fall into default. In such cases, we may need to charge statutory late payment interest in accordance with South African law, as well as reasonable reminder fees to cover our debt collection efforts.

4.5. Retention of Title: We retain full ownership of any physical goods, hardware, or transferable licenses until the purchase price has been paid in full.

5. Delivery of Services and Service Level Agreement (SLA)

5.1. We strive to deliver all projects and services promptly. However, unless explicitly agreed otherwise in writing, stated delivery times are estimates.

5.2. We are entitled to make partial deliveries or provide partial services, provided this is reasonable for you and does not significantly disrupt the overall project.

5.3. Shipping Risk: For any physical deliverables, the risk of loss or damage passes to you only once the goods are safely delivered to you (for Consumers). For B2B transactions, risk passes upon handover to the courier.

5.4. Uptime Guarantee: For our hosting and SaaS solutions, we aim for a 99% service uptime. We are responsible for managing system backups to ensure your data's integrity.

6. Software Licensing and Acceptable Use

6.1. Upon full payment, we grant you a single-user, non-exclusive, non-transferable license to use the custom software or digital solutions provided, strictly for your internal business operations.

6.2. Updates: Where applicable, standard software updates are included during the term of your active subscription or support contract.

6.3. Acceptable Use: To protect the security and intellectual property of our solutions, we kindly ask that you do not reverse-engineer, decompile, or disassemble any software provided by us. Additionally, the use of automated bots, scraping tools, or similar data extraction methods on our platforms is not permitted.

7. Subscriptions, Term, and Termination

7.1. Minimum Term: Subscription-based services (such as hosting or SaaS) have a minimum contract term of 1 month, unless a different term is specified in your order confirmation.

7.2. Auto-Renewal: To ensure uninterrupted service, subscriptions will automatically renew for successive periods equal to the initial term. We will notify you via email 30 days before any auto-renewal takes effect.

7.3. Cancellation: You have the right to cancel your subscription at any time, requiring only a 1-day notice period prior to the end of your current billing cycle. Cancellations can be easily submitted via your customer account or by email.

7.4. Data Handling on Downgrade/Termination: Upon termination or downgrade of a service, we will retain your data for a period of 90 days to allow you to export it. You have the right to data portability, and we support data export in multiple common formats. After 90 days, your data will be permanently deleted to protect your privacy.

8. Consumer Rights and Cooling-Off Period

8.1. ECTA Cooling-Off Right: If you are a Consumer entering into an electronic transaction, Section 44 of ECTA grants you the right to cancel the transaction without reason and without penalty within 7 days after receiving the goods or concluding the service agreement.

8.2. To exercise this right, you simply need to notify us in writing via email. We will process your refund within 30 days of cancellation.

8.3. Statutory Warranty: In accordance with Section 56 of the CPA, Consumers benefit from a 6-month implied warranty of quality. If goods or services are defective, you have the right to request a repair, replacement, or refund.

8.4. Nothing in these Terms is intended to unlawfully restrict, limit, or avoid any rights or obligations created for either you or us by the Consumer Protection Act.

9. B2B Warranties and Inspection Duties (Juristic Persons)

9.1. For Juristic Persons (B2B customers above the CPA threshold), the warranty period for defects is expressly reduced to 12 months from the date of delivery or deployment.

9.2. Inspection Duty: We encourage our B2B customers to inspect the delivered software, website, or service promptly upon receipt. Please report any obvious defects to us in writing within 7 days. If we do not receive a report within this timeframe, we will consider the deliverables to be accepted.

10. Limitation of Liability and Assumption of Risk

Important Limitations of Liability: The following clauses outline the limitations of our liability. We aim to keep our terms as fair as possible, but please read them carefully as they affect your legal rights under the Consumer Protection Act.

10.1. We take our responsibilities seriously and acknowledge our liability for essential contractual obligations (cardinal duties). However, to the maximum extent permitted by law, Digital Optad cannot be held liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of data, or business interruption, arising out of or in connection with our services.

10.2. For our B2B partners (Juristic Persons), our total aggregate liability for any claims arising from this agreement shall be limited to the amount actually paid by you for the specific service giving rise to the claim.

10.3. We do not exclude or limit our liability for death or personal injury caused by our gross negligence or wilful misconduct, nor for any other liability that cannot be lawfully excluded under South African law.

11. Content Moderation and Digital Services

11.1. Where our platforms allow for user-generated content, we employ a hybrid moderation system (automated tools and human review) to ensure compliance with our acceptable use policies.

11.2. Notice and Action: If you encounter illegal or inappropriate content, you have the right to report it to us. We commit to reviewing and responding to such notices within 72 hours.

11.3. Appeals: If your content is removed or your account is restricted, you have the right to appeal the decision through our internal complaint escalation procedure. We also publish an annual transparency report regarding our moderation activities.

12. Data Protection and Privacy

12.1. We take your privacy seriously and process personal information strictly in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

12.2. We have implemented appropriate technical and organizational security safeguards to protect your data. For detailed information on how we collect, use, and protect your personal information, please refer to our Privacy Policy.

13. Dispute Resolution and Governing Law

13.1. Customer Support: We aim to resolve all issues amicably. Our customer service team commits to a 24-hour response time for support queries. Complaints are handled via our internal escalation procedure.

13.2. Alternative Dispute Resolution (ADR): Should a dispute arise, we encourage the use of Alternative Dispute Resolution mechanisms before resorting to litigation. Consumers may also approach the National Consumer Commission or relevant industry ombudsman.

13.3. Governing Law: These Terms and any agreements between us shall be governed by and construed in accordance with the laws of the Republic of South Africa.

13.4. Jurisdiction: Any legal proceedings arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Makhanda, Eastern Cape, South Africa.

14. General Provisions

14.1. Force Majeure: Neither of us shall be liable for any failure or delay in performing our respective obligations where such failure or delay results from any cause that is beyond our reasonable control (including, but not limited to, natural disasters, strikes, power outages, and global pandemics).

14.2. Amendments: We reserve the right to update these Terms from time to time. We will notify you of any material changes via email notice. Continued use of our services after such notification constitutes acceptance of the amended Terms.

14.3. Assignment: We may assign or transfer our rights and obligations under these Terms to a third party, provided this does not reduce your guarantees or rights. You may only assign your rights with our prior written consent.

14.4. Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.5. Contract Text Storage: The text of this contract is stored securely. You can access your order details and these Terms at any time via your customer account, and a copy will be sent to you via email upon order confirmation.