Terms of Service

1. Acceptance of Terms

Welcome to Quadracom. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Quadracom (Pty) Ltd ("Quadracom," "we," "us," or "our") governing your use of our IT services, products, and website.

By accessing our website, engaging our services, or signing a service agreement with Quadracom, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services.

These Terms apply to all clients, including individuals, businesses, organizations, and resellers, unless superseded by a separately executed written agreement.

2. Definitions

• "Services" refers to all IT services provided by Quadracom, including but not limited to: IT consulting, cybersecurity, networking solutions, VoIP systems, IoT sensors, CCTV installations, smart home automation, data analytics, backup and disaster recovery, technical support, and managed services.
• "Client Portal" refers to the secure online platform where clients can access service information, submit tickets, and manage their account.
• "Service Agreement" refers to any contract, proposal, statement of work, or service level agreement executed between Quadracom and the Client.
• "Equipment" refers to hardware, devices, and infrastructure provided by Quadracom or installed on Client premises.
• "SLA" refers to Service Level Agreement detailing performance standards and uptime guarantees.

3. Services Description

3.1 Service Offerings

Quadracom provides a comprehensive range of IT services including:

• IT consulting and technical support (remote and on-site)
• Network design, installation, and management
• Cybersecurity solutions (firewalls, port knocking, remote authentication)
• VoIP telecommunications systems with 99.9% uptime SLA
• IoT sensor deployments (temperature monitoring, environmental sensors)
• CCTV and security camera systems
• Smart home automation and integration
• Data analytics and business intelligence
• Backup, disaster recovery, and data replication
• Managed services and monitoring

3.2 Service Scope

The specific services provided to you will be detailed in your Service Agreement, proposal, or statement of work. Services are subject to availability and may vary by location (KwaZulu-Natal, Gauteng, Western Cape, or nationwide through our reseller network).

3.3 Service Modifications

Quadracom reserves the right to modify, suspend, or discontinue any service with reasonable notice. We will make commercially reasonable efforts to notify affected clients in advance.

4. Client Obligations and Responsibilities

4.1 General Obligations

As a client, you agree to:

• Provide accurate and complete information during service engagement
• Maintain the confidentiality of your account credentials and client portal access
• Comply with all applicable laws and regulations in your use of our services
• Provide timely access to premises, systems, and personnel as required for service delivery
• Notify us promptly of any service issues, security concerns, or changes to your requirements
• Maintain adequate backups of your critical data (independent of Quadracom backup services)

4.2 Prohibited Activities

You agree NOT to:

• Use our services for any unlawful or fraudulent purpose
• Interfere with or disrupt the integrity or performance of our services
• Attempt unauthorized access to our systems, networks, or other clients' data
• Use our VoIP services for spam, robocalls, or unsolicited marketing
• Reverse engineer, decompile, or attempt to extract source code from our proprietary software
• Resell or sublicense our services without explicit authorization (see Reseller Program terms)
• Violate any third-party rights, including intellectual property rights

4.3 Cooperation

You agree to cooperate with Quadracom in the investigation of service issues, security incidents, or suspected violations of these Terms. Failure to cooperate may result in service suspension or termination.

5. Payment Terms and Billing

5.1 Fees and Pricing

Service fees are specified in your Service Agreement, proposal, or quote. Pricing may vary based on service type, scope, SLA tier, and geographic location. All prices are in South African Rand (ZAR) unless otherwise stated.

5.2 Payment Methods

We accept payment via:

• Electronic Funds Transfer (EFT)
• Credit card (via secure payment gateway)
• Debit order (for recurring services, subject to authorization)
• Cash (for on-site services, subject to approval)

5.3 Billing Cycles

Managed services and recurring services are typically billed monthly in advance. Project-based services may be billed upon completion, in milestones, or as specified in your Service Agreement.

5.4 Late Payment

Invoices are due within 30 days of the invoice date unless otherwise specified. Late payments may incur:

• Interest charges at the maximum legal rate permitted in South Africa
• Suspension or termination of services after 14 days of non-payment (with notice)
• Recovery costs and legal fees if collection action is required

5.5 Price Changes

We reserve the right to modify pricing with 60 days' written notice. Price changes will not affect existing fixed-term agreements until renewal.

5.6 Taxes

All fees are exclusive of applicable taxes (VAT, withholding tax, etc.). You are responsible for all taxes associated with your purchase, except taxes based on Quadracom' income.

6. Service Level Agreements (SLAs)

6.1 SLA Tiers

Quadracom offers multiple SLA tiers (Bronze, Silver, Gold, Platinum) with varying response times, uptime guarantees, and support levels. Your specific SLA is defined in your Service Agreement.

6.2 VoIP Uptime Guarantee

For VoIP services, we guarantee 99.9% uptime SLA. In the event of failure to meet this commitment, you may be eligible for service credits as specified in your VoIP Service Agreement.

6.3 SLA Exclusions

SLA guarantees do not apply in cases of:

• Force majeure events (natural disasters, war, terrorism, etc.)
• Third-party service provider failures (ISP outages, power failures)
• Client-caused issues (misconfiguration, unauthorized changes, network issues)
• Scheduled maintenance (with advance notice)
• Factors outside Quadracom' reasonable control

6.4 Support Hours

Standard business hours are Monday-Friday, 8:00 AM - 5:00 PM SAST, excluding South African public holidays. Premium SLA tiers may include 24/7 support as specified in your agreement.

7. Intellectual Property Rights

7.1 Quadracom IP

All intellectual property rights in our services, software, documentation, methodologies, and materials remain the exclusive property of Quadracom or our licensors. You receive a limited, non-exclusive, non-transferable license to use our services as intended.

7.2 Client Data

You retain all ownership rights to your data, content, and information. You grant Quadracom a limited license to access, store, process, and transmit your data solely for the purpose of delivering services.

7.3 Custom Development

For custom software development or configuration work, intellectual property ownership will be specified in the statement of work. Generally, custom work specific to your requirements becomes your property, while Quadracom retains rights to general methodologies and reusable components.

7.4 Trademarks

"Quadracom" and our logos are trademarks of Quadracom (Pty) Ltd. You may not use our trademarks without prior written permission.

8. Data Protection and Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which complies with South Africa's Protection of Personal Information Act (POPIA).

Key commitments:

• We implement industry-standard security measures to protect your data
• We will not sell or share your data with third parties except as disclosed in our Privacy Policy
• You have rights under POPIA to access, correct, and delete your personal information
• We maintain secure backup and disaster recovery systems for business continuity

9. Warranties and Disclaimers

9.1 Service Warranty

Quadracom warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We will use commercially reasonable efforts to meet SLA commitments.

9.2 Equipment Warranty

Equipment sold or installed by Quadracom is covered by manufacturer warranties. We will assist with warranty claims but are not responsible for manufacturer defects or warranty service delays.

9.3 Disclaimer of Warranties

9.4 Third-Party Services

We are not responsible for the performance, availability, or security of third-party services, internet service providers, power utilities, or other external dependencies beyond our control.

10. Limitation of Liability

10.1 Exclusion of Damages

10.2 Liability Cap

Quadracom' total cumulative liability for any claims arising from or related to these Terms or our services shall not exceed the total fees paid by you to Quadracom in the 12 months preceding the claim, or R50,000 (fifty thousand Rand), whichever is greater.

10.3 Exceptions

The above limitations do not apply to:

• Death or personal injury caused by Quadracom' negligence
• Fraud or fraudulent misrepresentation
• Breaches of confidentiality obligations
• Liabilities that cannot be limited under South African law

11. Indemnification

You agree to indemnify, defend, and hold harmless Quadracom, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms or any applicable law
• Your misuse of our services or equipment
• Your violation of any third-party rights
• Your data, content, or information provided to Quadracom
• Unauthorized use of your account or credentials

12. Confidentiality

12.1 Confidential Information

"Confidential Information" includes non-public business, technical, or financial information disclosed by either party. This includes your network configurations, security measures, business processes, and Quadracom' proprietary methodologies, pricing, and trade secrets.

12.2 Obligations

Each party agrees to:

• Maintain confidentiality using the same care as for its own confidential information (but no less than reasonable care)
• Use Confidential Information only for purposes related to the services
• Limit disclosure to employees and contractors with a need to know
• Return or destroy Confidential Information upon request or termination

12.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available without breach of these Terms
• Is lawfully received from a third party without confidentiality restrictions
• Is independently developed without use of Confidential Information
• Must be disclosed by law or court order (with notice to the disclosing party)

13. Term and Termination

13.1 Term

These Terms remain in effect for the duration of your service relationship with Quadracom. Service Agreements may have specific term lengths (e.g., 12-month, 24-month contracts).

13.2 Termination for Convenience

Either party may terminate services upon 30 days' written notice, subject to any minimum term commitments in your Service Agreement. Early termination fees may apply for fixed-term contracts.

13.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 14 days of written notice
• Becomes insolvent, files for bankruptcy, or ceases business operations
• Engages in fraudulent or illegal activities

13.4 Effect of Termination

Upon termination:

• You must pay all outstanding fees and charges
• Your access to services and the client portal will be revoked
• Quadracom will provide reasonable assistance with service transition (fees may apply)
• We will return or securely destroy your data as requested (within 30 days)
• Equipment ownership and return will be handled per the Service Agreement

13.5 Survival

Sections relating to payment obligations, intellectual property, confidentiality, warranties, liability limitations, indemnification, and dispute resolution survive termination.

14. Force Majeure

Neither party shall be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government actions, internet service failures, power outages, or failures of third-party suppliers.

If a force majeure event continues for more than 60 days, either party may terminate the affected services without penalty.

15. Dispute Resolution

15.1 Negotiation

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate negotiations by providing written notice describing the dispute.

15.2 Mediation

If negotiation fails to resolve the dispute within 30 days, the parties agree to attempt mediation before a mutually agreed mediator in Durban, South Africa (or another location by agreement).

15.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the Arbitration Act, 1965 (South Africa). The arbitration shall be conducted in English in Durban, KwaZulu-Natal.

15.4 Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the South African courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any Service Agreement, SLA, and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

16.2 Amendments

Quadracom may modify these Terms from time to time. Material changes will be communicated via email or website notice 30 days in advance. Continued use of services after changes become effective constitutes acceptance.

16.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Quadracom may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by an authorized representative.

16.6 Notices

All notices under these Terms must be in writing and sent to the addresses specified in your Service Agreement. Notices sent by email are deemed received upon confirmation of delivery. Notices sent by registered mail are deemed received 5 business days after mailing.

16.7 Relationship

The relationship between Quadracom and Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

16.8 Third-Party Beneficiaries

These Terms are for the benefit of the parties only and do not create any third-party beneficiary rights.

17. Contact Information

If you have questions or concerns regarding these Terms of Service, please contact us: