1. Introduction and Acceptance

By accessing, subscribing to, or using any service provided by VXK TECH ("we", "us", "our"), you ("the Customer", "you", "your") agree to be legally bound by these Terms & Conditions, together with our Privacy Policy and Acceptable Use Policy, all of which are incorporated by reference.

If you do not agree with any part of these terms, you must not use our services. We reserve the right to update or modify these terms at any time, and continued use of our services after changes are posted constitutes acceptance of the revised terms.

2. Definitions

• "Services" means all IT, fibre, network, connectivity, cloud, and related solutions provided by VXK TECH.
• "Customer" means any individual, business, or organisation that subscribes to or uses our Services.
• "Agreement" means these Terms & Conditions, together with any service-specific schedules or addenda.
• "Equipment" means any hardware, router, modem, or device provided by VXK TECH as part of the Services.
• "Network" means the telecommunications and data network infrastructure operated by VXK TECH.
• "POPIA" means the Protection of Personal Information Act, 2013 (South Africa).

3. Service Provision

3.1 Scope of Services

VXK TECH agrees to provide the Customer with the Services described in the applicable service order, proposal, or schedule. Services are provided on a best-effort basis, subject to network availability, technical limitations, and regulatory requirements.

3.2 Service Levels

We aim to deliver reliable services but do not guarantee uninterrupted or error-free operation. Planned maintenance, emergency repairs, and force majeure events may result in temporary service interruptions.

3.3 Service Changes

We reserve the right to modify, upgrade, or discontinue any Service with reasonable notice to the Customer. In the event of service discontinuation, we will provide assistance in transitioning to alternative solutions.

4. Customer Obligations

4.1 Account Responsibility

The Customer is responsible for maintaining the confidentiality of account credentials, ensuring accurate contact and billing information, and for all activity occurring under their account.

4.2 Acceptable Use

The Customer agrees to use the Services in compliance with our Acceptable Use Policy and all applicable South African laws and regulations. Prohibited activities include, but are not limited to:

• Illegal or fraudulent activity
• Network abuse, including spamming, hacking, or denial-of-service attacks
• Distribution of malicious software or harmful content
• Copyright or intellectual property infringement
• Unauthorised access to systems or data

4.3 Equipment Care

Where VXK TECH provides Equipment, the Customer agrees to keep it in good working order, not to tamper with or modify it, and to return it upon termination of the Agreement. Lost, stolen, or damaged Equipment may be charged to the Customer.

5. Billing and Fees

5.1 Charges

The Customer agrees to pay all fees for the Services as set out in the applicable service order or standard price list, including installation, monthly subscription, usage-based charges, and equipment fees.

5.2 Invoicing and Payment

Invoices are issued monthly or as agreed in writing. Payment is due within 7 days of the invoice date unless otherwise stated. No late payments fee, but service will temporary be suspended.

5.3 Price Adjustments

We reserve the right to adjust pricing with 30 days' written notice. Price changes due to regulatory or cost increases may take effect sooner where necessary.

5.4 Non-Payment

Failure to pay amounts due may result in service suspension or termination, and we may recover all reasonable collection costs, including legal fees.

6. Term and Termination

6.1 Contract Period

The initial contract period shall be as specified in the service order (typically 12 or 24 months). Thereafter, the Agreement will continue on a month-to-month basis unless terminated by either party with 30 days' written notice.

6.2 Termination for Cause

Either party may terminate the Agreement immediately if the other party commits a material breach that remains unremedied for 14 days after written notice.

6.3 Early Termination

If the Customer terminates before the end of the initial contract period, an early termination fee equal to the remaining monthly fees for the contract period may apply.

6.4 Effect of Termination

Upon termination, the Customer must return all Equipment and pay all outstanding fees. We may retain data as required by law or for legitimate business purposes.

7. Data and Privacy

We process your personal information in accordance with our Privacy Policy and POPIA. We implement reasonable security measures to protect your data, but we are not liable for data loss or corruption caused by factors beyond our reasonable control.

The Customer is responsible for backing up their own data. We may retain network logs and usage data as required by South African telecommunications regulations.

8. Intellectual Property

All intellectual property rights in the Services, software, websites, and related materials remain the property of VXK TECH or its licensors. The Customer receives no ownership rights and may not copy, modify, reverse engineer, or redistribute our intellectual property without prior written consent.

9. Limitation of Liability

To the fullest extent permitted by South African law:

• VXK TECH shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business interruption.
• Our total liability under this Agreement shall not exceed the total fees paid by the Customer in the 12 months preceding the claim.
• We are not liable for service interruptions caused by force majeure events, third-party network failures, or maintenance.

Nothing in this clause excludes liability for death or personal injury caused by negligence or for fraud.

10. Indemnification

The Customer agrees to indemnify and hold VXK TECH harmless from any claims, damages, losses, or expenses arising from:

• The Customer's use of the Services in violation of these Terms
• Any infringement of third-party rights by the Customer
• Any content transmitted or stored by the Customer using our Services

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the Agreement. This obligation survives termination for a period of two years, except for information that is publicly known or required to be disclosed by law.

12. Force Majeure

Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, government action, labour disputes, fibre cuts, power outages, or third-party network failures.

13. Governing Law and Dispute Resolution

13.1 Governing Law

This Agreement is governed by the laws of the Republic of South Africa.

13.2 Dispute Resolution

Any dispute arising from this Agreement shall first be referred to mediation. If the dispute cannot be resolved within 30 days, either party may refer the matter to arbitration in accordance with the rules of the Arbitration Foundation of South Africa (AFSA). The arbitration shall be held in Gauteng.

13.3 Jurisdiction

The parties consent to the jurisdiction of the Magistrates' Court or the High Court of South Africa, Gauteng Division, for any matters not subject to arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms & Conditions, together with any schedules, service orders, and referenced policies, constitute the entire agreement between the parties.

14.2 Waiver

No failure or delay in exercising any right constitutes a waiver of that right.

14.3 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Assignment

The Customer may not assign or transfer this Agreement without our prior written consent. VXK TECH may assign this Agreement to a related entity or successor in interest.

14.5 Notices

All formal notices shall be in writing and sent by email to the addresses provided by each party, or by registered mail to the registered addresses.