Terms & Conditions
General Terms & Conditions of SF Consortium Pty Ltd
GENERAL
1. Definitions and Interpretation
In these Terms and Conditions, every quotation, invoice, service agreement, support agreement, project agreement, proposal, subscription, service level agreement (“SLA”), order, hosting agreement, maintenance agreement, or other arrangement relating to the supply of goods or services by SF Consortium Pty Ltd shall be governed by the following definitions and interpretations unless the context indicates otherwise.
1.1 Definitions
“After Hours”
Means any time outside of Business Hours including weekends and public holidays.
“Agreement”
Means these Terms and Conditions together with any quote, invoice, SLA, proposal, order, subscription, support agreement, or other arrangement entered into between you and SF Consortium.
“Business Hours”
Means Monday to Friday from 09:00 to 17:00 South African Standard Time (SAST), excluding public holidays.
“Client”, “You”, or “Your”
Means any person, business, company, organisation, entity, partnership, trust, or representative requesting, purchasing, approving, or making use of goods or services supplied by SF Consortium and includes successors, assigns, and authorised representatives.
“Conditions”
Means these Terms and Conditions.
“Goods”
Means any hardware, software, licenses, subscriptions, cloud products, hosting packages, domain registrations, networking equipment, digital products, or third-party products supplied by SF Consortium.
“Order”
Means any instruction, request, purchase order, written acceptance, email approval, WhatsApp approval, electronically approved quotation, or verbal instruction accepted by SF Consortium.
“Plan”
Means any support plan, maintenance agreement, SLA, subscription, hosting plan, managed service agreement, recurring service package, or service arrangement entered into between SF Consortium and the Client.
“Quote”
Means any quotation, proposal, estimate, pricing schedule, or scope document issued by SF Consortium.
“Rates”
Means the fees, hourly charges, support rates, project pricing, hosting fees, licensing charges, maintenance charges, call-out fees, and all other charges payable for services or goods supplied.
“Services”
Means any service provided by SF Consortium including but not limited to:
Managed IT Services
Technical Support
Remote Support
Onsite Support
Website Design & Development
Software Development
Cloud Solutions
Microsoft 365 Services
Google Workspace Services
Cybersecurity Services
Hosting Services
Domain Services
SEO & Digital Marketing
Networking & Infrastructure
CCTV & Access Control
Data Backup & Recovery
IT Consulting
VoIP & Communication Solutions
Maintenance & Support Services
Digital Transformation Services
“SLA”
Means a Service Level Agreement between the parties defining support scope, availability, response times, and service obligations.
“Software”
Means all software, applications, platforms, systems, updates, scripts, plugins, integrations, licenses, and related services supplied or installed by SF Consortium.
“Work”
Means any labour, configuration, development, consultation, troubleshooting, support, setup, deployment, planning, design, implementation, migration, integration, customization, documentation, or other activity performed by SF Consortium.
“Website”
Means the official website of SF Consortium currently accessible at:
SF Consortium Website
1.2 Interpretation
Unless the context otherwise requires:
Words importing the singular include the plural and vice versa.
References to one gender include all genders.
References to persons include companies, partnerships, trusts, and organisations.
Headings are for convenience only and do not affect interpretation.
References to legislation include amendments or replacements thereof.
“Including” means “including without limitation”.
References to South African law refer to the laws of the Republic of South Africa.
References to writing include electronic communication.
2. Application of These Terms
2.1
These Terms and Conditions apply to all goods and services supplied by SF Consortium unless otherwise agreed in writing.
2.2
Where a signed agreement, SLA, or proposal contains provisions inconsistent with these Terms, the signed agreement shall prevail only to the extent of that inconsistency.
2.3
Any terms supplied by the Client that conflict with these Terms shall not apply unless accepted by SF Consortium in writing.
2.4
The invalidity or unenforceability of any provision shall not affect the remaining provisions.
3. Commitment Terms
3.1
The minimum commitment term for services shall be outlined in the applicable quotation, proposal, invoice, SLA, or agreement.
3.2
Recurring services may automatically renew for the same duration unless terminated in accordance with these Terms.
3.3
The Client remains liable for all charges applicable during the commitment term.
4. Termination
4.1
Either party may terminate this Agreement by written notice where the other party:
Commits a material breach and fails to remedy such breach within thirty (30) days;
Becomes insolvent;
Ceases business operations;
Enters liquidation or business rescue proceedings.
4.2
SF Consortium may terminate or suspend services immediately where:
Payment remains overdue;
Abuse or threats are directed at staff;
Illegal or malicious activity is detected;
Services are used unlawfully;
Security risks are introduced to our systems or infrastructure.
4.3
Early termination of a fixed-term agreement by the Client may result in immediate liability for the remaining contract value.
4.4
Upon termination:
All outstanding invoices become immediately due;
Access to hosted services may be suspended;
Domains, hosting, and licenses may be disabled for non-payment.
5. Dispute Resolution
5.1
The parties agree to first attempt to resolve disputes amicably and in good faith.
5.2
If unresolved within fourteen (14) days, either party may refer the dispute to mediation or arbitration in Johannesburg, South Africa.
5.3
Any arbitration shall be conducted in accordance with South African arbitration laws.
6. Representations
6.1
No employee, representative, or contractor of SF Consortium may make representations or warranties outside these Terms unless confirmed in writing.
7. Notices
7.1
All notices shall be in writing and sent via email to the latest provided address.
7.2
Official notices to SF Consortium must be sent to:
8. Governing Law
8.1
These Terms shall be governed by the laws of the Republic of South Africa.
8.2
The parties consent to the jurisdiction of the South Gauteng High Court.
9. Assignment
9.1
The Client may not assign or transfer rights or obligations under this Agreement without written consent from SF Consortium.
10. Variation of Terms
10.1
SF Consortium reserves the right to amend these Terms at any time.
10.2
Updated Terms may be published on our Website and shall become effective upon publication.
11. General
11.1
No amendment shall be valid unless recorded in writing.
11.2
Failure to enforce any provision shall not constitute a waiver of rights.
GOODS & SERVICES
12. Quotes
12.1
Quotes remain valid for seven (7) days unless otherwise stated.
12.2
Quotes are estimates only and may change due to:
Supplier pricing
Exchange rates
Scope changes
Product availability
Vendor adjustments
12.3
A quote becomes binding only once approved by both parties.
12.4
Additional work outside approved scope will be charged separately.
12.5
Estimated delivery dates and timelines are provided in good faith and are not guaranteed.
12.6
SF Consortium reserves the right to withdraw or amend any quote before acceptance.
13. Orders
13.1
Orders may be placed via:
Email
Signed quotations
Purchase orders
WhatsApp confirmations
Online approval systems
13.2
Electronic approvals shall be deemed legally binding.
13.3
Work may only commence once deposits or required payments clear.
13.4
SF Consortium reserves the right to refuse any order.
14. Pricing & Rates
14.1
All prices exclude VAT unless otherwise stated.
14.2
Hourly rates and service charges may vary from time to time.
14.3
After-hours support shall attract additional charges.
14.4
Travel, accommodation, tolls, parking, and related expenses may be billed separately where applicable.
14.5
Call-out fees may apply for onsite services.
14.6
Subscription services including Microsoft 365, hosting, cloud platforms, and licensing may carry minimum commitment periods.
15. Services & Support Plans
15.1
Services are delivered according to the applicable SLA or project scope.
15.2
Support response times depend on service priority and SLA terms.
15.3
SF Consortium reserves the right to modify service offerings and support plans.
15.4
Clients must provide reasonable access to systems, equipment, credentials, and personnel.
16. Delivery, Ownership & Risk
16.1
Risk in goods passes to the Client upon delivery.
16.2
Ownership of goods remains with SF Consortium until full payment is received.
16.3
SF Consortium shall not be liable for delivery delays beyond its reasonable control.
17. Returns & Claims
17.1
Goods supplied are subject to supplier and manufacturer return policies.
17.2
Customized, digital, subscription-based, or specially ordered products may not be refundable.
17.3
Claims for damaged or incorrect goods must be made within seven (7) days of delivery.
18. Hosting, Cloud & Digital Services
18.1
Hosting and cloud services remain subject to third-party provider policies and uptime guarantees.
18.2
SF Consortium is not liable for outages caused by:
Hosting providers
Registrars
Microsoft services
Internet providers
Cyberattacks
Power failures
18.3
Clients remain responsible for maintaining backups unless backup services are specifically included.
18.4
Domains registered on behalf of clients remain subject to renewal fees and registry policies.
19. Cybersecurity & System Protection
19.1
While SF Consortium implements industry-standard security practices, no environment can be guaranteed fully secure.
19.2
The Client acknowledges the inherent risks associated with internet-based systems and technology services.
19.3
SF Consortium shall not be liable for:
Malware infections
Ransomware attacks
Data breaches
Hacking incidents
Unauthorized access
Loss of data
20. Recommendations & Suitability
20.1
Recommendations provided by SF Consortium are based on information available at the time.
20.2
The Client accepts responsibility for determining whether products or services are suitable for their intended purpose.
20.3
Technology solutions may require testing, configuration, and customization.
21. Force Majeure
21.1
SF Consortium shall not be liable for delays or failures caused by circumstances beyond reasonable control including:
Power outages
Internet failures
Natural disasters
Pandemics
Civil unrest
Government restrictions
Supplier failures
Cyber incidents
22. Warranties
22.1
Hardware warranties are limited to manufacturer warranties.
22.2
Software and digital services are provided “as is” unless otherwise stated.
22.3
SF Consortium does not warrant uninterrupted or error-free operation of services.
23. Liability
23.1
SF Consortium shall not be liable for:
Loss of profits
Business interruption
Data loss
Consequential damages
Indirect losses
23.2
Clients are responsible for maintaining secure backups of all systems and data.
23.3
Maximum liability shall not exceed the amount paid for the affected services during the preceding three (3) months.
24. Errors & Omissions
24.1
SF Consortium reserves the right to correct pricing, specification, or typographical errors.
OUR RESPONSIBILITIES
25. Privacy & POPIA Compliance
25.1
SF Consortium processes personal information in accordance with the Protection of Personal Information Act (POPIA).
25.2
Personal information may be collected for:
Service delivery
Billing
Technical support
Account management
Security monitoring
25.3
Information will not be disclosed unlawfully.
26. Website Usage
26.1
Information on our Website is provided “as is”.
26.2
SF Consortium does not guarantee uninterrupted website availability.
26.3
We are not responsible for third-party links or external platforms.
27. Insurance
27.1
SF Consortium may maintain reasonable business insurance coverage where applicable.
YOUR RESPONSIBILITIES
28. Service Requests
28.1
Service requests must be lodged through official communication channels.
28.2
Direct requests to technicians may be redirected through proper support procedures.
29. Access to Systems & Sites
29.1
The Client agrees to provide access to systems, equipment, networks, sites, and personnel where necessary.
29.2
Remote support software may be installed where required for support purposes.
30. Third-Party Authorisations
30.1
The Client authorizes SF Consortium to communicate with third-party providers on its behalf where necessary.
31. Payment Default
31.1
Failure to make payment may result in suspension of services.
31.2
Interest may be charged on overdue amounts in accordance with applicable South African legislation.
31.3
Legal and recovery costs shall be recoverable from the Client.
32. Non-Solicitation
32.1
Clients may not directly employ or solicit SF Consortium employees or contractors during the engagement and for twenty-four (24) months thereafter.
33. Software & Licensing
33.1
Clients remain responsible for ensuring valid software licensing.
33.2
SF Consortium shall not be liable for licensing violations committed by the Client.
33.3
Custom software and development work remain the intellectual property of SF Consortium unless otherwise agreed.
34. Copyright & Confidentiality
34.1
All intellectual property created by SF Consortium remains the property of SF Consortium unless agreed otherwise in writing.
34.2
Both parties agree to maintain confidentiality regarding proprietary and confidential information.
34.3
Neither party may disclose confidential information except where required by law or authorized in writing.
Contact Information
SF Consortium Pty Ltd
Syringa Building, The Avenues Office Park, 45 Homestead Rd, Rivonia Sandton, 2191
info@sfconsortium.co.za
011 568 4230
SF Consortium Website