In these Terms of Service, unless the context indicates otherwise, the following definitions shall apply:
By registering an account, accessing the Platform, or using any of the Services, You acknowledge that You have read, understood, and agree to be legally bound by these Terms of Service and Our Privacy Policy, which is incorporated herein by reference.
If You are entering into this Agreement on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms. If You do not have such authority, or if You do not agree with these Terms, You must not access or use the Services.
These Terms constitute a legally binding agreement between You and Vectarium Technologies. Please read them carefully before using our Services.
Vectarium Technologies offers the following managed IT services, subject to the Client's active Subscription plan:
Vectarium Technologies reserves the right to modify, suspend, or discontinue any Service at any time with reasonable prior notice to the Client, except in cases of emergency maintenance or security incidents.
Vectarium Technologies commits to maintaining a target uptime of 99.5% per calendar month for managed hosting services. This commitment excludes downtime resulting from scheduled maintenance, force majeure events, third-party service failures, or actions attributable to the Client.
Vectarium Technologies may perform scheduled maintenance on the infrastructure from time to time. Where possible, maintenance will be conducted during off-peak hours and Clients will be notified at least 24 hours in advance via email or dashboard notification.
In the event of a service disruption, Vectarium Technologies will use reasonable commercial efforts to restore affected services as promptly as practicable. Response times are as follows:
The Service Level Agreement does not apply to performance issues arising from: Client-side network issues, third-party service providers (including Cloudflare, Twilio, or internet service providers), force majeure events, or any modifications made to the infrastructure by the Client without prior authorisation from Vectarium Technologies.
The Client agrees to pay the applicable Subscription fees as set out on the Vectarium Technologies pricing page or as agreed in a separate service order. All fees are quoted and billed in South African Rand (ZAR) and are inclusive of applicable taxes unless stated otherwise.
Subscription fees are billed on a monthly basis, in advance, on the date of initial subscription activation. Subsequent billing dates will correspond to the same day of each calendar month.
Payment is processed via PayFast, a secure South African payment gateway. Vectarium Technologies does not store credit card information directly. By subscribing, You authorise Vectarium Technologies to charge the applicable fees to Your designated payment method on each billing date.
In the event of a failed or overdue payment, Vectarium Technologies reserves the right to suspend the Client's website and associated services within 7 days of the payment due date. The Client's dashboard will remain accessible to facilitate payment and account management. Services will be restored within 24 hours of successful payment confirmation.
All Subscription fees are non-refundable except where required by applicable South African consumer protection legislation. In the event that Vectarium Technologies is unable to provide the agreed Services due to circumstances within its control, a pro-rata refund may be issued at the sole discretion of Vectarium Technologies.
Vectarium Technologies reserves the right to modify Subscription pricing at any time. Clients will be notified of price changes no less than 30 days prior to the effective date of the change. Continued use of the Services following the effective date constitutes acceptance of the revised pricing.
The Client may cancel their Subscription at any time by providing written notice via the client dashboard or by contacting Vectarium Technologies directly. Cancellation will take effect at the end of the current billing period, and no further charges will be applied thereafter. No refund will be issued for the remainder of the current billing period.
Vectarium Technologies reserves the right to terminate this Agreement and suspend or permanently deactivate the Client's account immediately and without prior notice in the following circumstances:
Upon termination of this Agreement, the Client's access to the Platform and all managed Services will cease immediately. Vectarium Technologies will retain the Client's data for a period of 30 days following termination, after which all data may be permanently deleted. The Client is responsible for ensuring the retrieval of any necessary data prior to the termination date.
By using the Services, the Client agrees to the following obligations:
All intellectual property rights in the Platform, including but not limited to software, source code, design elements, trademarks, trade names, and documentation, are and shall remain the exclusive property of Vectarium Technologies. Nothing in this Agreement shall be construed as granting the Client any ownership interest or licence in such intellectual property beyond what is expressly stated herein.
The Client retains all intellectual property rights in their own website content, data, and materials hosted on the managed infrastructure. By engaging the Services, the Client grants Vectarium Technologies a limited, non-exclusive licence to access, process, and use such materials solely for the purpose of providing the agreed Services.
Any feedback, suggestions, or recommendations provided by the Client regarding the Services may be used by Vectarium Technologies without restriction or compensation to the Client.
To the maximum extent permitted by applicable South African law, Vectarium Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, or business interruption, arising out of or in connection with the use of or inability to use the Services.
In no event shall the total cumulative liability of Vectarium Technologies to the Client for any claims arising under or in connection with this Agreement exceed the total Subscription fees paid by the Client in the three-month period immediately preceding the event giving rise to the claim.
Vectarium Technologies provides the Services on an "as is" and "as available" basis. While we strive for excellence, we do not warrant that the Services will be uninterrupted, error-free, or free from vulnerabilities at all times.
The Client agrees to indemnify, defend, and hold harmless Vectarium Technologies and its directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information disclosed in connection with this Agreement. This obligation of confidentiality shall survive the termination of this Agreement for a period of three years.
Confidential information does not include information that: is or becomes publicly available through no fault of the receiving party; was rightfully known to the receiving party prior to disclosure; or is required to be disclosed by law or court order, provided that the disclosing party is given reasonable prior notice.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may refer the matter to formal legal proceedings.
Vectarium Technologies reserves the right to amend these Terms of Service at any time. Clients will be notified of material changes via email or dashboard notification at least 14 days prior to the effective date of the amended Terms. Continued use of the Services following notification constitutes acceptance of the revised Terms.
It is the Client's responsibility to review these Terms periodically. The most current version will always be available at vectariumtechnologies.com/terms.html.
For any questions, concerns, or notices regarding these Terms of Service, please contact Vectarium Technologies through the following channels:
Vectarium Technologies will endeavour to respond to all enquiries within 2 business days.