Terms and Conditions

AI Education Initiative

AI-1Program Terms & Conditions

08. Fees and Payment

FP-18.1 Service Pricing & Billing Structure

FP-28.2 Price Adjustments & client Notification

FP-38.3 Accepted Payment Methods & Processing

FP-48.4 Failed Payment Processing & Administrative Costs

FP-58.5 Interest Charges & Overdue Account Management

FP-68.6 Service Suspension & Account Recovery

FP-78.7 Contract Termination for Payment Default

FP-88.8 Billing Disputes & Resolution Framework

FP-98.9 30-Day Free Trial App Promotional Terms

9.1 Trial Eligibility & Qualification Criteria

• Service Linkage Requirement: The 30-day free trial app offer is exclusively available to clients who sign up for new Webafrica fibre or LTE services through Mtronika's referral channels (fibre.html or wireless-lte.html signup forms).
• One Trial Per Signup: One complimentary trial app per qualifying Webafrica fibre or LTE service signup. Additional apps available at standard pricing as per Mtronika software development terms.
• Company Registration (Business Apps): Business-focused custom apps require valid South African company registration documentation. Consumer apps require personal identification details only.
• Geographic Limitation: Trial offer available to South African residents only due to RICA compliance requirements for Webafrica fibre/LTE activation.

9.2 Trial Period Definition & Duration

• Trial Duration: Exactly 30 calendar days from app delivery/activation date. Trial period calculated from date app is delivered to client and activation confirmed via email.
• Activation Confirmation (ECTA Section 13): Mtronika sends email confirmation specifying app activation date, trial expiry date, and access instructions. Email confirmation serves as data message retention requirement under Electronic Communications and Transactions Act.
• Trial Reminder Notification: Clients receive email reminder 7 days before trial expiry date alerting them to upcoming decision point and continuation options.
• No Time Extensions: Trial period is fixed at 30 calendar days with no extensions except in cases where app delivery is delayed due to Mtronika technical issues (extension granted equal to delay period).

9.3 Client Decision Point & Consumer Protection

• Option 1 - Continue Service: Client emails confirmation: "Yes, I want to keep my app." Standard pricing begins from day 31 onwards based on app complexity and hosting package selected (Managed vs Self-Managed).
• Option 2 - Cancel Service: Client emails cancellation: "No thanks, cancel my trial app." App access deactivated on day 30, zero charges apply, no future obligations, and client data removed as per POPIA retention policies.
• Option 3 - No Response: If Mtronika receives NO response by day 30, trial automatically ends with NO billing. This protects clients from unintended subscription continuation and complies with CPA consumer protection principles.
• Consumer Protection Guarantee: No automatic billing. No hidden charges. Explicit client consent required before any paid subscription commences. This framework exceeds CPA minimum requirements to ensure absolute client protection.

9.4 Post-Trial Billing & Pricing Framework

• Conditional Billing Only: Paid subscription billing commences ONLY IF client explicitly confirms continuation before trial expires. No billing occurs without documented client consent.
• Pricing Determination: Post-trial pricing based on: (1) App complexity (features, integrations, custom functionality), (2) Hosting package selected (Managed hosting with support vs Self-managed), and (3) Mtronika standard software development rate schedule.
• Payment Methods: Post-trial app subscriptions billed via Paystack (month-to-month or annual billing options) or debit order (requires separate email authorization to accounts@mtronika.co.za).
• First Invoice Timing: First paid invoice sent ONLY after: (1) Trial period expires (day 30+), AND (2) Client confirms continuation in writing. Pro-rata billing applies if continuation confirmed mid-month.
• Billing Transparency: All post-trial charges itemized clearly showing app subscription fees, hosting costs, support packages, and any optional add-on services with separate line items.

9.5 Trial Scope - Service Inclusions & Exclusions

9.6 Intellectual Property During & After Trial

• During Trial Period: App source code, design files, and technical architecture remain Mtronika intellectual property. Client receives usage rights only, not ownership rights, during the 30-day trial.
• After Full Payment (Post-Trial): Once client completes payment for post-trial subscription (monthly or annual), full source code ownership transfers to client as per Mtronika standard software development terms (SW-5 Intellectual Property Rights).
• If Trial Cancelled: Client loses all access to app, associated data, and functionality. Mtronika retains intellectual property rights to code, design, and technical implementation. Client data deleted as per POPIA retention policies.
• Client Content Ownership: Client logos, branding materials, text content, images, and proprietary business information remain client intellectual property at all times (during and after trial). Mtronika claims no ownership over client-provided content.

9.7 No-Obligation Cancellation Rights

• Anytime Cancellation: Cancel trial at any point during 30-day period by emailing support@mtronika.co.za with subject line "Cancel Trial App" - processed within 24 hours maximum.
• Zero Penalties: No cancellation fees, no administrative charges, no hidden costs. Trial cancellation is completely free with no financial consequences whatsoever.
• No Future Obligations: Cancelling trial does NOT create future obligations, does NOT affect Webafrica connectivity services, and does NOT impact client's credit standing or Mtronika service eligibility.
• Post-Trial Cooling-Off: Even if client confirms continuation after trial, standard 7-day cooling-off period applies under CPA consumer rights, allowing cancellation within 7 days of first paid invoice.
• Cancellation Confirmation: Mtronika sends email confirmation within 24 hours acknowledging cancellation, confirming app deactivation date, and outlining data deletion timeline (30 days retention then permanent deletion).

9.8 Data Protection & POPIA Compliance

• Data Collection Purpose: Client personal information (name, email, phone, address, SA ID/Passport) collected for two specific purposes: (1) Webafrica fibre/LTE referral processing, and (2) Mtronika trial app development and delivery.
• Webafrica Data Sharing: Client contact details shared with Webafrica for connectivity service activation only. Data sharing requires explicit client consent obtained via referral signup form acknowledgment (POPIA Sections 13-18 compliance).
• Data Security Measures: Client data protected via HTTPS/TLS encryption (in transit), encrypted database storage (at rest), access controls limiting employee access to need-to-know basis, and regular security audits.
• Data Subject Rights: Clients entitled to: (1) Access personal data held by Mtronika, (2) Request corrections to inaccurate data, (3) Object to data processing, (4) Request data deletion (subject to legal retention requirements). Contact Data Protection Officer: dpo@mtronika.co.za with 72-hour response guarantee.
• Data Retention Policy: If trial cancelled, client data retained for 30 days (to allow reactivation requests), then permanently deleted. If trial converted to paid subscription, data retained for service delivery duration plus 6 months post-termination for regulatory compliance.

9.9 Electronic Agreement & ECTA Compliance

• Form Submission = Binding Agreement: Submitting the referral signup form (fibre.html or wireless-lte.html) constitutes a legally binding electronic agreement under Electronic Communications and Transactions Act (ECTA) Section 11.
• Electronic Consent Requirements: By submitting form, client consents to: (1) Electronic communications (email confirmations, trial updates, decision requests), (2) Webafrica data sharing for connectivity activation, (3) Mtronika trial app terms, (4) Referral partnership structure acknowledgment.
• Data Message Retention: Mtronika sends email confirmation with trial terms attachment immediately after form submission, satisfying ECTA Section 13 data message accessibility and retention requirements.
• Terms Acknowledgment Link: Referral signup forms include checkbox: "I have read and agree to Mtronika's Terms & Conditions including 30-day trial app terms and Webafrica referral partnership disclosure" with hyperlink to full terms.html document.

Software Development Services

SW-1Service Overview

• Custom Software Development: Bespoke applications tailored to your business needs and specifications.
• Mobile App Development: Native and cross-platform mobile applications for iOS and Android.
• Web Applications: Modern, responsive web applications using cutting-edge technologies.
• System Integration: Seamless integration with existing systems and third-party services.
• Database Design: Robust database architecture and optimization.
• API Development: RESTful APIs and microservices architecture.

SW-2Project Terms

• Project Scope: All projects begin with a detailed scope document outlining deliverables, timelines, and costs.
• Development Process: We follow agile methodologies with regular client updates and milestone reviews.
• Intellectual Property: Upon full payment, all custom code and assets become client property unless otherwise specified.
• Maintenance: Post-launch support and maintenance available at competitive rates.
• Testing: Comprehensive testing included in all development projects.
• Documentation: Complete technical documentation provided upon project completion.

SW-3Payment Terms

• Project Deposit: 50% deposit required before project commencement.
• Milestone Payments: Progress payments based on agreed milestones.
• Final Payment: Remaining balance due upon project completion and delivery.
• Currency: All prices quoted in South African Rand (ZAR).
• Late Payments: Interest may be charged on overdue amounts.

SW-430-Day Trial Web App Terms

4.1 Trial Period Definition & Scope

• Trial Duration: The trial period is exactly thirty (30) calendar days commencing from the date on which Mtronika delivers the trial web app and sends electronic confirmation of activation to the client's registered email address.
• Demo Environment Status: Trial web apps constitute demonstration environments designed to showcase functionality, user interface design, and baseline features only. Trial apps are expressly NOT intended for, and must NOT be used for, production environments, live client transactions, or processing of sensitive personal information as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA").
• Technical Limitations (Material Facts Disclosure): Trial web apps are subject to the following technical restrictions:
  • No integration with live payment gateways (PayFast, PayGate, Stripe, or similar payment processors)
  • No processing of financial transactions, banking details, or credit/debit card information
  • No storage of Special Personal Information as defined in POPIA Section 1 (racial origin, health data, biometric data, etc.)
  • Limited database capacity (maximum 100 demo records)
  • No guaranteed uptime or service-level agreements (SLAs)
  • No SSL/TLS encryption for demo environments (HTTPS available on production packages only)
  • No backup or disaster recovery provisions
• Trial Eligibility: Trial offers are available to new clients only and are limited to one (1) trial web app per business entity or individual client. Mtronika reserves the right to verify client identity and reject duplicate trial requests.

4.2 Trial Expiry & Client Options

• Automatic Expiry: Upon expiry of the thirty (30) day trial period, access to the trial web app will be automatically suspended unless the client elects to upgrade to a paid package in accordance with clause 4.3 below.
• No Automatic Billing: In compliance with the Consumer Protection Act 68 of 2008 ("CPA") Section 22 (promotional offers), Mtronika does NOT automatically convert trial accounts to paid subscriptions. No billing will occur without the client's express prior written consent via email.
• Client Decision Point: Seven (7) calendar days before trial expiry, Mtronika will send an email reminder to the client's registered email address outlining three (3) options:
  • Option 1 - Upgrade to Paid Package: Client may elect to upgrade to a production-ready web app package (see clause 4.3)
  • Option 2 - Request Trial Extension: Client may request a once-off seven (7) day extension (granted at Mtronika's sole discretion)
  • Option 3 - Allow Trial to Expire: Client takes no action and trial access terminates automatically on day 30
• Data Retention Upon Expiry: Demo data entered during the trial period will be retained for fourteen (14) calendar days post-expiry to facilitate potential upgrades. After this period, all demo data will be permanently deleted in accordance with POPIA Section 14 (data minimization principle).

4.3 Upgrade to Production-Ready Web App

• Upgrade Request Procedure: Clients may request an upgrade to a production-ready web app at any time during the thirty (30) day trial period by submitting a written request via email to support@mtronika.co.za with the subject line "Trial Upgrade Request - [Client Name]".
• Production Build Scope: Upon acceptance of an upgrade request and payment of the applicable package fee, Mtronika will develop and deliver a fully production-ready web application incorporating the following enhancements:
  • Integration with live payment gateways (PayFast, Stripe, or client-specified processor)
  • Full SSL/TLS encryption (HTTPS) with valid security certificates
  • Unrestricted database capacity (subject to hosting package limits)
  • POPIA-compliant data security safeguards (encryption at rest and in transit, access controls, audit logging)
  • Automated daily backups with 30-day retention period
  • Service-level agreement (SLA) with 99.5% uptime guarantee (Managed Hosting packages)
  • Production-grade infrastructure (load balancing, CDN integration, DDoS protection)
• Upgrade Pricing: Production web app packages are priced according to Mtronika's standard rate schedule available at www.mtronika.co.za/pricing. Pricing is determined by app complexity, feature requirements, third-party integrations, and selected hosting package (Managed vs Self-Managed).
• Development Timeline: Production build timelines range from fourteen (14) to forty-five (45) business days depending on project complexity. Mtronika will provide a detailed project scope document and timeline estimate within three (3) business days of upgrade request acceptance.
• Payment Terms for Upgrades: Production web app upgrades require a fifty percent (50%) deposit before commencement of development work, with the remaining balance due upon completion and delivery of the production-ready application. Payment terms align with clause SW-3 above.

4.4 Liability Disclaimers & Limitation of Liability

• No Warranties: To the maximum extent permitted by South African law, Mtronika provides trial web apps on an "as-is" and "as-available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Exclusion of Liability - Demo Limitations: Mtronika shall NOT be liable for any losses, damages, or claims arising from:
  • Inability to process live transactions, payments, or financial data during the trial period
  • Demo environment downtime, service interruptions, or technical failures
  • Loss, corruption, or unauthorized access to demo data stored in trial environments
  • Client's misuse of trial apps for production purposes contrary to these terms
  • Third-party services, APIs, or integrations unavailable in trial environments
• Client Acknowledgment: By accepting the trial web app, the client expressly acknowledges and agrees that:
  • Trial apps are demonstration environments unsuitable for production use
  • Live transaction processing requires upgrade to a paid production package
  • Mtronika has clearly disclosed all material trial limitations in compliance with CPA Section 48
  • The client will NOT use trial apps to process sensitive personal information, financial transactions, or live client data
• Maximum Liability Cap: Notwithstanding anything to the contrary in these terms, Mtronika's maximum aggregate liability for any claims arising from trial web apps shall be limited to Zero Rand (R0.00) in recognition of the zero-cost nature of the trial offering.
• Force Majeure: Mtronika shall not be liable for any failure or delay in performance of trial web app services due to causes beyond its reasonable control, including but not limited to acts of God, telecommunications failures, cyberattacks, power outages, or government actions.

4.5 Intellectual Property Rights During Trial Period

• Mtronika Ownership: All intellectual property rights in the trial web app, including but not limited to source code, database structures, design elements, and proprietary algorithms, remain the exclusive property of Mtronika (Pty) Ltd during the trial period.
• Limited License: Mtronika grants the client a non-exclusive, non-transferable, revocable license to access and evaluate the trial web app for demonstration purposes only during the thirty (30) day trial period.
• Transfer of Ownership Upon Upgrade: Upon upgrade to a paid production package and receipt of full payment in accordance with clause SW-3, full intellectual property rights in the custom-developed web application (excluding third-party components and Mtronika proprietary frameworks) transfer to the client in accordance with clause SW-2.
• Client Data Ownership: The client retains ownership of all data, content, and materials uploaded to the trial web app during the trial period. Mtronika claims no ownership rights in client data but reserves the right to delete demo data fourteen (14) days post-trial expiry as outlined in clause 4.2.

4.6 Data Protection & POPIA Compliance

• Processing Purpose: Personal information collected during trial registration (name, email, business details) is processed solely for the lawful purpose of trial web app provisioning and client communication regarding upgrade options (POPIA Section 13).
• Data Minimization: Mtronika collects only the minimum personal information necessary to activate trial web apps and communicate with clients (POPIA Section 10).
• Security Safeguards: While trial environments do not include production-grade security (as disclosed in clause 4.1), Mtronika implements reasonable technical and organizational measures to protect trial registration data against unauthorized access, loss, or disclosure (POPIA Section 19).
• Prohibition on Sensitive Data: Clients are expressly prohibited from uploading or processing Special Personal Information (as defined in POPIA Section 1) or any sensitive client data within trial web app environments. Violation of this prohibition may result in immediate trial termination and potential legal liability for the client.
• Data Subject Rights: Clients may exercise POPIA data subject rights (access, correction, deletion) by contacting Mtronika's Information Officer at dpo@mtronika.co.za. Requests will be processed within thirty (30) calendar days in accordance with POPIA Section 23.

4.7 Electronic Agreement & ECTA Compliance

• Electronic Signature Validity: Acceptance of these trial web app terms via electronic signature, website form submission, or email confirmation constitutes a valid and binding agreement in accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") Section 11 (legal recognition of data messages).
• Confirmation Email (ECTA Section 13): Upon trial activation, Mtronika will send an email confirmation to the client's registered email address specifying: (a) trial activation date, (b) trial expiry date, (c) trial web app access credentials, and (d) upgrade contact details. This confirmation email serves as the data message retention requirement under ECTA Section 13.
• Client Review Obligation: The client acknowledges having had adequate opportunity to review these trial web app terms before acceptance and confirms understanding of all trial limitations, liability disclaimers, and upgrade requirements.

4.8 Termination & Suspension Rights

• Mtronika Termination Rights: Mtronika reserves the right to immediately suspend or terminate trial web app access without prior notice if the client: (a) uses the trial app for production purposes, (b) processes sensitive personal information contrary to clause 4.6, (c) violates these terms, or (d) engages in fraudulent or abusive conduct.
• Client Cancellation Rights: Clients may cancel trial access at any time during the thirty (30) day period by sending written notice to support@mtronika.co.za. Cancellation is effective immediately upon receipt of notice.
• No Refund Obligation: Given the zero-cost nature of trial web apps, no refunds are applicable. This clause is included for contractual completeness only.

4.9 Technical Staff Requirement & Implementation Responsibility

• Mandatory Technical Staff Assignment: Upon trial app delivery, the client MUST assign at least one (1) of the following to manage implementation and rollout:
  • Technical Director;
  • IT Manager or IT personnel with web application experience;
  • Designated business owner with technical capacity to implement digital tools.
  The assigned individual is responsible for reviewing documentation, planning rollout, configuring the application for business use, and ensuring staff readiness.
• Client Responsibility for Product Research & Planning: Mtronika is a software builder, not a business consultant or product researcher. The client is solely responsible for:
  • Understanding the delivered application's features, functionality, and intended use cases;
  • Conducting necessary product research, market analysis, and business process mapping;
  • Developing internal implementation plans, training materials, and user adoption strategies;
  • Ensuring internal staff or stakeholders are prepared to use the application.
  Mtronika will NOT be held liable for delays, confusion, or failed rollouts resulting from lack of client-provided information, inadequate planning, or absence of internal technical capacity.
• Optional Paid Training & Implementation Support: If the client does NOT have internal technical staff or capacity, Mtronika offers the following optional paid services:
  • Remote Training & Support: Three Hundred and Sixty-Nine Rand (R369.00) per hour for remote training sessions (via Zoom, Microsoft Teams, or Google Meet), material research, implementation planning assistance, and application walkthroughs;
  • Onsite Training & Support (within 30 km radius): Two Hundred and Sixty-Nine Rand (R269.00) per hour for onsite training at the client's physical location within a thirty (30) kilometer radius of Mtronika's office (8 Jaffe Street, Krugersdorp). Travel beyond 30 km subject to separate quotation and mileage charges;
  • Booking & Payment Terms: Training sessions must be booked at least forty-eight (48) hours in advance via email to support@mtronika.co.za. Payment is due within seven (7) calendar days of invoice date via EFT or debit order.
• Training Hours Are Billable Regardless of Trial Outcome: Training and implementation support hours consumed during the thirty (30) day trial period are billable at the rates specified above, regardless of whether the client elects to upgrade to a paid package or cancels the trial. Payment for training hours is NOT contingent upon trial continuation and constitutes a separate service obligation independent of the trial offer.
• Trial Discontinuation for Non-Confirmation of Implementation Plan: If the client does NOT confirm a clear implementation plan, assign technical staff, or engage with the trial application within the thirty (30) day trial period, Mtronika reserves the right to discontinue the trial app with immediate effect upon trial expiry. Specifically:
  • If Mtronika receives NO communication from the client regarding implementation planning, technical staff assignment, or training requests by day 25 of the trial, Mtronika will send a final reminder email requesting confirmation;
  • If NO response is received by day 30, the trial will automatically terminate with NO option for upgrade, and the application will be deactivated permanently;
  • This policy ensures Mtronika resources are allocated to clients with genuine intent to implement and use the delivered software, in accordance with Mtronika's business-ready client targeting.
• Documentation Provided (No Training Included): Mtronika will provide comprehensive written documentation with the trial app delivery, including:
  • Application feature overview and user guide;
  • Administrative access instructions and configuration guidelines;
  • Technical architecture summary (for IT staff review);
  • Frequently Asked Questions (FAQs) and troubleshooting guide.
  Clients are expected to review documentation independently. Live training, hands-on walkthroughs, and personalized implementation guidance are available ONLY as paid services at the rates specified in clause 4.9.3 above.

Fibre & Connectivity Services Terms

FI-1Referral Partnership Framework & Legal Status

FI-2Liability Separation & Disclaimers

FI-3Promotional 30-Day Trial App Offer (Linked to Fibre Referrals)

FI-4Data Protection & POPIA Compliance Framework

FI-5Electronic Agreement Terms (ECTA Compliance)

Voice Services Terms & Conditions

VO-1Service Overview & Reseller Relationship

VO-2Service Plans & Pricing

VO-3Technical Requirements

VO-4Service Features

VO-5Billing & Payment Terms

VO-6Liability Limitations & Critical Disclaimers

VO-7Cancellation & Consumer Rights (CPA Compliance)

VO-8Data Protection & POPIA Compliance

VO-9Governing Law & Dispute Resolution

Wireless LTE & Mobile Services Terms

WL-1Referral Partnership Framework & Legal Status

WL-2Liability Separation & Disclaimers

WL-3Promotional 30-Day Trial App Offer (Linked to LTE Referrals)

WL-4Data Protection & POPIA Compliance

WL-5Electronic Agreement & ECTA Compliance

Hosting & Domain Services Terms

HO-1Infrastructure & Performance

• Local Johannesburg Datacenter: Services hosted on enterprise-grade infrastructure in our Johannesburg datacenter with redundant connectivity, power systems, and local support.
• Content Delivery Network (CDN): Cloudflare CDN integration provides global edge caching, DDoS protection, and latency optimization for enhanced website performance locally and worldwide.
• Performance Optimization: Advanced caching mechanisms, SSD storage, and optimized server configurations ensure maximum website loading speeds and responsiveness.
• Uptime Commitment: Target 99.9% service availability with redundant infrastructure and proactive monitoring. Extended outages exceeding 4 hours qualify for service credits.

HO-2Service Provision & Legal Framework

• Datacenter Operations: Hosting services provided from our Johannesburg datacenter facility. Client services subject to datacenter operational terms and conditions which are incorporated herein by reference.
• Data Location: Client data stored in our Johannesburg datacenter with local redundancy systems for data protection and performance optimization. All data remains within South Africa ensuring data sovereignty compliance.
• Service Dependencies: Service quality and availability depend on local datacenter infrastructure, South African internet backbone connectivity, and third-party services beyond Mtronika's direct control.
• Compliance Framework: All hosting services comply with South African data protection standards including POPIA, and local regulatory requirements for datacenter operations and data privacy.

HO-3Hosting Service Specifications

• Storage Technology: Enterprise NVMe SSD storage with RAID redundancy for data protection and optimal I/O performance.
• Bandwidth & Traffic: Generous bandwidth allocations with fair usage policies. Unlimited packages subject to reasonable usage guidelines to ensure optimal performance for all users.
• Resource Allocation: Defined CPU, RAM, and storage limits per hosting package. Burst resources available for traffic spikes within fair usage parameters.
• Control Panel Access: User-friendly hosting control panels provided for website, email, database, and DNS management.

HO-4Data Protection & Security

• Automated Backups: Regular automated backups performed by datacenter infrastructure. However, clients remain responsible for maintaining independent backup copies of critical data.
• Security Measures: Multi-layered security including firewall protection, intrusion detection, malware scanning, and DDoS mitigation through Cloudflare integration.
• SSL Certificates: Free SSL certificates provided for all hosted domains with automatic renewal and installation.
• Data Recovery: Best-effort data recovery from available backups. Recovery success not guaranteed due to various technical factors.

HO-5Domain Registration & Management

• Registration Services: Domain registration provided through accredited registrars. Registration periods typically 1-10 years with renewal requirements.
• Domain Ownership: Registrant maintains legal ownership subject to registrar and registry terms. Mtronika acts as registration interface only.
• DNS Management: Comprehensive DNS management tools provided. Cloudflare DNS integration available for enhanced performance and security.
• Transfer & Renewal: Domain transfers subject to registrar policies. Renewal reminders provided but ultimate responsibility remains with domain owner.

HO-6Acceptable Use & Content Policy

• Prohibited Content: Hosting accounts may not be used for illegal content, malware distribution, spam operations, adult content, copyright infringement, or activities violating upstream provider policies.
• Resource Usage: Fair usage policies apply to prevent abuse that degrades service for other users. Excessive resource consumption may result in account suspension or upgrade requirements.
• Compliance Requirements: Client content must comply with laws in jurisdictions where datacenters are located and client's business operates.
• Account Monitoring: Automated monitoring for security threats, resource abuse, and policy violations. Manual intervention reserved for suspicious activities.

HO-7Service Level Commitments

• Support Response: Technical support available via email and support ticket system. Response within 4 business hours for standard issues, expedited for critical outages.
• Maintenance Windows: Scheduled maintenance performed during off-peak hours with advance notice. Emergency maintenance may occur without notice.
• Migration Assistance: Website migration support provided for new accounts. Data integrity and functionality not guaranteed due to varying source configurations.
• Performance Monitoring: Continuous infrastructure monitoring with proactive issue resolution and performance optimization.

HO-8Limitation of Liability

• Service Interruptions: Mtronika not liable for service interruptions caused by upstream datacenter issues, internet backbone failures, or circumstances beyond reasonable control.
• Data Loss: Clients responsible for maintaining independent backups. Mtronika liability limited to service fees paid, not consequential damages from data loss.
• Third-Party Dependencies: No liability for failures of upstream hosting providers, CDN services, DNS providers, or other third-party infrastructure components.
• Performance Variations: Website performance may vary due to traffic patterns, content optimization, third-party integrations, and international connectivity factors.

HO-9Email & SMTP Service Requirements - Vultr Infrastructure

HO-9.1SMTP Port Configuration

• Port 25 Default Block: Outbound SMTP port 25 blocked by default to prevent spam and maintain clean IP reputation across Vultr network.
• Secure Alternative Ports: Use encrypted ports for email:
  • Port 587 (STARTTLS) - Recommended
  • Port 465 (SSL/TLS)
  • Port 2525 (Alternative)
• Port 25 Unblocking: Submit ticket with ID verification, legitimate use case, anti-spam measures, and agreement to R189/spam penalty.

HO-9.2Recommended SMTP Services

• Professional Relay Services: Gmail SMTP, Mailgun, SendGrid, Amazon SES, Postmark for superior deliverability.
• Email Authentication: Implement SPF, DKIM, DMARC, and rDNS records.

Web Design Services

WD-1Design Process

• Initial Consultation: Free consultation to understand your requirements and objectives.
• Design Concepts: Initial design concepts presented for review and feedback.
• Revisions: Up to 3 rounds of revisions included in standard packages.
• Content Responsibility: Client responsible for providing content, images, and copy unless content creation is included.
• Browser Compatibility: Websites tested on modern browsers and devices.

WD-2Deliverables

• Website Files: Complete website files delivered upon final payment.
• Training: Basic content management training provided where applicable.
• Documentation: User guides and documentation for content management systems.
• Source Files: Design source files available upon request for additional fee.

SW-5Paid Web Application Package Terms

5.1 Package Tiers & Service Scope Definition

Mtronika offers three (3) paid web application package tiers designed for small to medium-sized enterprises ("SMEs") seeking AI-driven software solutions and web applications. Each package tier is subject to a binding fixed-term contract as specified in clause 5.2 below.

5.1.1 Isivuno (Harvest) – Standard Web Application Package

• Target Client Profile: Established businesses seeking professional online presence with foundational SEO and priority support.
• Included Services & Features:
  • Custom domain name registration and management (.co.za domain)
  • Up to seven (7) website pages (e.g., Home, About, Services, Contact, etc.)
  • Priority WhatsApp support (response time: within four (4) business hours during business days)
  • Basic search engine optimization ("SEO") including meta tags, sitemap submission, and Google Search Console integration
  • Enhanced hosting infrastructure (2x performance compared to standard shared hosting)
  • Two (2) hours monthly maintenance allocation for content updates, bug fixes, and minor design adjustments
• Monthly Service Fee: Four Hundred and Ninety-Nine Rand (R499.00) per month, payable in advance on or before the first (1st) day of each calendar month via debit order or electronic funds transfer ("EFT").
• Once-Off Setup Fee: Two Hundred and Sixty-Nine Rand (R269.00), payable upon acceptance of the service agreement and prior to commencement of development work. This fee is non-refundable once development has commenced.
• Contract Duration: Twelve (12) months (fixed-term contract commencing from the date of service activation).
• Early Cancellation Fee: Nine Hundred and Ninety-Nine Rand (R999.00), payable if the client terminates the contract before completion of the twelve (12) month minimum period, in addition to all outstanding monthly fees accrued to the date of cancellation.

5.1.2 Inala (Abundance) – Advanced E-Commerce & AI Automation Package

• Target Client Profile: E-commerce businesses requiring full online store functionality, payment processing capabilities, and AI-driven sales automation.
• Included Services & Features:
  • Fully functional online store supporting up to twenty (20) products (product variations counted as separate products)
  • Integration with South African payment gateways (Yoco or PayFast) for secure online payment processing
  • AI-powered sales chatbot trained on client's product catalogue and FAQs, integrated into website and capable of answering customer queries in real-time
  • Up to fifteen (15) website pages (including product pages, category pages, checkout flow, and informational pages)
  • Google Analytics 4 ("GA4") and Facebook Pixel integration for conversion tracking and marketing analytics
  • Priority VIP support via dedicated direct line (WhatsApp and email), with response time within two (2) business hours during business days
• Monthly Service Fee: One Thousand Two Hundred and Ninety-Nine Rand (R1,299.00) per month, payable in advance on or before the first (1st) day of each calendar month via debit order or EFT.
• Once-Off Setup Fee: Four Hundred and Ninety-Nine Rand (R499.00), payable upon acceptance of the service agreement and prior to commencement of development work. This fee is non-refundable once development has commenced.
• Contract Duration: Twenty-four (24) months (fixed-term contract commencing from the date of service activation).
• Early Cancellation Fee: One Thousand Nine Hundred and Ninety-Nine Rand (R1,999.00), payable if the client terminates the contract before completion of the twenty-four (24) month minimum period, in addition to all outstanding monthly fees accrued to the date of cancellation.
• Payment Gateway Transaction Fees: Third-party payment gateway transaction fees (charged by Yoco, PayFast, or similar payment processors) are NOT included in the monthly service fee and are the client's sole responsibility. The client acknowledges that payment processors charge per-transaction fees ranging from approximately 2.85% to 3.95% per transaction, depending on the payment method and processor selected.

5.1.3 Kgosi (King) – Elite Enterprise AI & Custom Application Package

• Target Client Profile: Enterprise clients requiring bespoke AI solutions, native mobile applications, and dedicated infrastructure with guaranteed performance.
• Included Services & Features:
  • Native Android mobile application developed, tested, and deployed to Google Play Store (client responsible for Google Play Developer account fees of approximately USD $25 once-off)
  • Custom AI model trained exclusively on client-provided data (e.g., customer service scripts, product knowledge base, internal documentation), with ongoing model retraining as new data becomes available
  • Dedicated Virtual Private Server ("VPS") hosting (unshared server resources) with guaranteed RAM, CPU, and storage allocation to ensure consistent high performance
  • Integrated booking and reservation system supporting calendar management, automated confirmations, reminders, and payment collection
  • Unlimited design revisions during development phase (first sixty (60) days post-contract execution) to ensure client satisfaction with user interface and user experience design
  • Dedicated account manager assigned to client for direct communication, project oversight, and strategic consultation
• Monthly Service Fee: Two Thousand Nine Hundred and Ninety-Nine Rand (R2,999.00) per month, payable in advance on or before the first (1st) day of each calendar month via debit order or EFT.
• Once-Off Setup Fee: One Thousand Four Hundred and Ninety-Nine Rand (R1,499.00), payable upon acceptance of the service agreement and prior to commencement of development work. This fee is non-refundable once development has commenced.
• Contract Duration: Thirty-six (36) months (fixed-term contract commencing from the date of service activation).
• Early Cancellation Fee: Three Thousand Nine Hundred and Ninety-Nine Rand (R3,999.00), payable if the client terminates the contract before completion of the thirty-six (36) month minimum period, in addition to all outstanding monthly fees accrued to the date of cancellation.
• Third-Party Platform Fees (Client Responsibility): The client acknowledges that third-party fees for Google Play Store developer account (approximately USD $25 once-off) and ongoing VPS infrastructure costs exceeding included allocation (e.g., bandwidth overage, additional storage requests) are NOT included in the monthly service fee and shall be billed separately as incurred.

5.2 Fixed-Term Contract Duration & CPA Compliance

• Commencement Date: The contract period commences on the Service Activation Date, defined as the date on which Mtronika delivers the completed web application or mobile application to the client and sends electronic confirmation of activation to the client's registered email address.
• Binding Nature of Fixed-Term Contracts: The client acknowledges and agrees that by accepting a paid web application package, the client is entering into a legally binding fixed-term contract for the duration specified in clause 5.1 above. The contract may NOT be cancelled without financial penalty prior to expiry of the minimum contract period.
• Automatic Renewal Upon Expiry: Upon expiry of the initial fixed-term contract period, the contract will automatically renew on a month-to-month basis at the same monthly service fee unless either party provides thirty (30) calendar days' written notice of intention not to renew. Month-to-month contracts may be cancelled by either party with thirty (30) days' written notice, without early cancellation fees.
• Consumer Cooling-Off Period (CPA Section 17): In compliance with the Consumer Protection Act, consumers (natural persons contracting for personal, household, or family purposes) have the right to cancel the contract within five (5) business days of contract execution ("cooling-off period") without reason or penalty, provided that:
  • The cancellation notice is submitted in writing via email to support@mtronika.co.za within five (5) business days of contract execution;
  • If development work has NOT yet commenced, the client is entitled to a full refund of the setup fee and any advance payments made;
  • If development work HAS commenced, Mtronika reserves the right to retain the setup fee and charge for work completed at standard hourly rates, with any balance refunded to the client within fourteen (14) business days.
• Early Cancellation Procedure: Clients wishing to terminate the contract before expiry of the minimum contract period must:
  1. Submit written notice of cancellation via email to support@mtronika.co.za with the subject line "Early Cancellation Request – [Client Name] – [Package Name]";
  2. Settle all outstanding monthly service fees accrued to the date of cancellation;
  3. Pay the applicable early cancellation fee as specified in clause 5.1 above within seven (7) business days of cancellation notice;
  4. Allow Mtronika fourteen (14) calendar days to perform final data exports and service discontinuation procedures in accordance with clause 5.7 below.

5.3 Payment Terms, Billing Cycles & Late Payment Consequences

• Setup Fee Payment (Condition Precedent): Payment of the once-off setup fee in full is a condition precedent to commencement of development work. Mtronika shall NOT commence any development, design, or configuration activities until the setup fee has been received and cleared in Mtronika's bank account.
• Monthly Service Fee Billing: Monthly service fees are billed in advance on the first (1st) calendar day of each month. The first monthly payment is due on the Service Activation Date (as defined in clause 5.2 above), with subsequent payments due on the first (1st) day of each subsequent calendar month.
• Preferred Payment Method (Debit Order): Clients are strongly encouraged to set up automated debit order payments to ensure uninterrupted service. Debit order authorization forms will be provided by Mtronika upon contract execution. Debit orders will be processed on or about the first (1st) day of each month.
• Alternative Payment Methods: Clients who do not authorize debit order payments must pay monthly service fees via electronic funds transfer ("EFT") to Mtronika's designated bank account (banking details provided on invoice). EFT payments must be made on or before the due date to avoid late payment fees and service suspension.
• Currency & VAT: All fees are quoted in South African Rand (ZAR). Mtronika is NOT registered for Value-Added Tax ("VAT") as at the date of these terms; accordingly, fees are VAT exempt unless otherwise stated on invoices issued after VAT registration.
• Late Payment Fees & Interest: If any monthly service fee remains unpaid seven (7) calendar days after the due date, Mtronika reserves the right to:
  • Levy a late payment administration fee of One Hundred Rand (R100.00) per overdue invoice;
  • Charge interest on the overdue amount at the rate prescribed by the Prescribed Rate of Interest Act 55 of 1975 (currently 11.25% per annum), calculated daily from the due date until date of payment;
  • Suspend access to the web application, hosting services, and support services until all outstanding amounts (including late fees and accrued interest) are settled in full (see clause 5.3.6 below).
• Service Suspension for Non-Payment: If any monthly service fee remains unpaid for fourteen (14) calendar days after the due date, Mtronika may, without further notice, immediately suspend the client's access to:
  • The web application or mobile application;
  • Hosting services (website/application will display "Service Suspended" notice);
  • Priority support channels (WhatsApp, email, dedicated account manager);
  • AI chatbot functionality, payment gateway integration, and third-party API services.
  Service will be reinstated within forty-eight (48) hours of receipt of full payment (including all arrears, late fees, and accrued interest). Service suspension does NOT release the client from the obligation to pay monthly fees during the suspension period.
• Contract Termination for Persistent Non-Payment: If payment remains outstanding for thirty (30) calendar days after the due date, Mtronika may, at its sole discretion, terminate the contract with immediate effect and pursue legal action for recovery of all outstanding amounts, early cancellation fees, legal costs, and collection fees.

5.4 Additional Development Work & Scope Exclusions

• Included Monthly Maintenance Allocation: The monthly service fee includes a specified number of maintenance hours per package tier:
  • Isivuno (Harvest): Two (2) hours per month for minor content updates, bug fixes, and design adjustments;
  • Inala (Abundance): Four (4) hours per month for content updates, product catalogue management, and minor feature tweaks;
  • Kgosi (King): Six (6) hours per month for ongoing AI model retraining, feature enhancements, and performance optimization.
  Unused maintenance hours do NOT roll over to subsequent months. Requests exceeding the monthly allocation will be billed as additional development work.
• Examples of Additional Billable Work (Non-Exhaustive): The following activities are NOT included in the monthly service fee and will be charged separately:
  • Addition of new website pages beyond the page limit specified in clause 5.1 (e.g., adding an 8th page to Isivuno package);
  • Integration of third-party services or APIs not listed in the package description (e.g., accounting software integration, CRM synchronization, shipping courier APIs);
  • Development of custom functionality or features not included in the base package (e.g., membership portals, advanced search filters, multi-language support);
  • Expansion of product catalogue beyond the twenty (20) product limit for Inala package;
  • Development of iOS mobile application (only Android is included in Kgosi package; iOS development requires separate quotation);
  • Migration of existing website or application from another hosting provider to Mtronika (data migration fees apply);
  • Major redesigns, rebranding, or structural overhauls requested after initial development phase;
  • Custom reporting dashboards, data analytics tools, or business intelligence integrations;
  • Emergency support outside business hours (after-hours support charged at 1.5x standard hourly rate).
• Additional Development Work Quotation Process: Clients requesting work outside the package scope must:
  1. Submit a detailed written request via email to support@mtronika.co.za describing the desired functionality, features, or changes;
  2. Await a formal written quotation from Mtronika specifying estimated hours, total cost, and projected timeline;
  3. Accept the quotation in writing and pay any required deposit (typically fifty percent (50%) for projects exceeding R5,000.00) before work commences;
  4. Acknowledge that additional development work timelines are separate from routine monthly maintenance and may require extended lead times depending on project complexity and Mtronika's current workload.
• Hourly Rate for Additional Development: Additional development work is billed at Mtronika's standard hourly rates:
  • Software Development & Programming: R650.00 per hour
  • UI/UX Design & Graphic Design: R550.00 per hour
  • Content Writing & SEO Optimization: R450.00 per hour
  • Technical Support & Troubleshooting: R350.00 per hour
  • After-Hours Emergency Support: R975.00 per hour (1.5x standard development rate)
  Rates are subject to annual review and adjustment with sixty (60) days' written notice to clients.

5.5 Technical Staff Requirement & Client Cooperation Obligations

• Mandatory Technical Staff Appointment (Businesses with Employees): Client businesses that employ staff members must appoint at least one (1) technically competent staff member to serve as the primary point of contact ("Technical Liaison") for the duration of the development project and ongoing maintenance period. The Technical Liaison must:
  • Possess basic understanding of web technologies, software applications, or digital marketing (formal IT qualifications NOT required, but familiarity with website management, content management systems, or digital tools is strongly recommended);
  • Be available for scheduled consultation meetings, training sessions, and progress updates (minimum two (2) meetings per month during development phase);
  • Have authority to make decisions regarding design preferences, feature priorities, content approval, and minor change requests;
  • Be responsible for gathering and delivering required materials to Mtronika, including logos, brand assets, product images, content copy, and business process documentation;
  • Attend training sessions upon project delivery to ensure competent use of content management systems, administrative dashboards, and client-accessible features.
• Alternative for Sole Proprietors / Single-Owner Businesses: Sole proprietors and business owners without employees who do NOT have access to technically competent staff must personally fulfill the Technical Liaison role. In such cases, the business owner must:
  • Dedicate sufficient time to participate in consultation meetings, training sessions, and project reviews;
  • Provide comprehensive research, documentation, and materials required by Mtronika before development commences, including:
    • Detailed written description of business processes, target audience, and application objectives;
    • Competitor analysis or reference websites/applications demonstrating desired functionality;
    • Brand guidelines, logos, color schemes, and visual identity materials;
    • Content copy for all website pages, product descriptions, FAQs, and legal disclosures;
    • For AI model training (Kgosi package): structured datasets, FAQ documents, product knowledge base, customer service scripts, or similar training materials in digital format (Word, Excel, PDF, or plain text).
  • Acknowledge that failure to provide required materials within reasonable timeframes may result in project delays, and Mtronika shall NOT be held liable for timeline extensions caused by client delays in material provision.
• Consequence of Non-Compliance: Failure to appoint a Technical Liaison or failure to provide required materials within thirty (30) calendar days of contract execution constitutes a breach of contract by the client. In such circumstances, Mtronika reserves the right to:
  • Suspend development work until compliance is achieved (without extension of project timelines or refund of fees paid);
  • Retain all setup fees and payments received to date;
  • Terminate the contract with immediate effect if non-compliance persists for sixty (60) calendar days, with no refund of setup fees or advance payments, and with early cancellation fees payable in full.
• Client Data & Materials Ownership: All logos, brand assets, product images, content copy, business documentation, and AI training datasets provided by the client remain the exclusive intellectual property of the client. Mtronika will use such materials solely for the purpose of delivering the contracted services and will NOT reproduce, distribute, or disclose client materials to third parties except as necessary for service delivery (e.g., hosting provider, payment gateway integration).

5.6 Intellectual Property Rights & Ownership Upon Full Payment

• Ownership During Contract Period: During the subsistence of the fixed-term contract, all intellectual property rights in the custom-developed web application or mobile application, including but not limited to source code, database structures, design elements, custom AI models, and proprietary algorithms, remain the property of Mtronika (Pty) Ltd.
• Transfer of Ownership Upon Contract Completion: Upon completion of the minimum contract period specified in clause 5.1 above (12, 24, or 36 months) and receipt of full payment of all outstanding fees (including final monthly payment, any additional development charges, and arrears), full intellectual property rights in the custom-developed application (excluding third-party components) will automatically transfer to the client.
• Third-Party Component Exclusions: The following components remain the property of their respective owners and are licensed to the client under third-party license terms:
  • Open-source frameworks and libraries (e.g., React, Laravel, TensorFlow) governed by their respective open-source licenses (MIT, GPL, Apache, etc.);
  • Premium plugins, themes, or extensions purchased from third-party vendors (client must obtain separate licenses if continuing use post-contract);
  • Payment gateway SDKs and APIs (Yoco, PayFast, Stripe) governed by processor license terms;
  • Third-party AI model APIs (e.g., OpenAI, Google Cloud AI) governed by API provider terms of service.
• Retention of Ownership for Early Cancellation: If the client terminates the contract before completion of the minimum contract period, Mtronika retains full intellectual property rights to the application, regardless of early cancellation fees paid. The client may request a one-time export of their business data (content, customer records, product catalogue) within fourteen (14) days of cancellation, but may NOT obtain source code, database structures, or proprietary AI models.
• Source Code Delivery (Upon Full Ownership Transfer): Upon completion of the contract and transfer of intellectual property rights, Mtronika will provide the client with:
  • Complete application source code in standard version control format (Git repository or ZIP archive);
  • Database backup in industry-standard format (SQL dump or similar);
  • Documentation describing system architecture, dependencies, and deployment procedures;
  • Custom AI model training data and model configuration files (Kgosi package only).
  The client acknowledges that post-contract technical support for self-hosted applications is NOT included and will be charged at standard hourly support rates if requested.

5.7 Service Discontinuation, Data Retention & Migration Assistance

• Natural Contract Expiry (Month-to-Month Phase): If the client elects NOT to renew the contract upon expiry of the initial fixed-term period (as per clause 5.2.3 above), the client must provide thirty (30) calendar days' written notice of intention to discontinue services. Upon receipt of notice, Mtronika will:
  • Continue to provide full service for the duration of the notice period (30 days), provided all monthly fees are paid;
  • Provide a final data export (database backup, uploaded files, content) in industry-standard format within fourteen (14) calendar days of service discontinuation;
  • Transfer full intellectual property rights and source code to the client (if not already transferred) within seven (7) business days of final payment receipt;
  • Permanently delete all client data from Mtronika's servers fourteen (14) calendar days after service discontinuation, in compliance with POPIA Section 14 (data minimization).
• Early Cancellation Data Retention: If the client terminates the contract before completion of the minimum contract period, Mtronika will:
  • Retain a final backup of client data for fourteen (14) calendar days post-cancellation to facilitate potential data export requests;
  • Provide a one-time data export (business data only, NOT source code) upon written request submitted within fourteen (14) days of cancellation notice;
  • Permanently delete all client data from Mtronika's servers after the fourteen (14) day retention period, with no further recovery possible.
• Migration Assistance (Optional Paid Service): Clients wishing to migrate their application to a new hosting provider or self-hosted infrastructure may request migration assistance from Mtronika. Migration services are billed separately at standard hourly rates and include:
  • Server environment setup and configuration on client's chosen hosting platform;
  • Application deployment and database migration;
  • DNS configuration and domain transfer assistance;
  • Post-migration testing and troubleshooting (up to two (2) hours included; additional time billed hourly).
  Migration assistance requests must be submitted at least fourteen (14) calendar days before desired migration date.
• No Ongoing Obligations Post-Contract: Upon contract termination or natural expiry and completion of data export/migration procedures, Mtronika shall have NO further obligations to the client, including:
  • No obligation to provide technical support, bug fixes, or security updates for self-hosted applications;
  • No obligation to maintain compatibility with third-party services (payment gateways, APIs) if providers update their systems;
  • No liability for data loss, security breaches, or application downtime occurring after service discontinuation.

5.8 Liability Limitations, Warranties & Indemnities

• Warranties Provided by Mtronika: Mtronika warrants that:
  • Services will be performed with reasonable skill and care consistent with industry standards for web and software development;
  • Applications will be free from critical defects and will substantially conform to agreed specifications as documented in project scope documents or client briefs;
  • Hosting infrastructure will achieve 99.5% uptime over any rolling twelve (12) month period (excluding scheduled maintenance windows and force majeure events);
  • Mtronika will comply with applicable South African data protection laws (POPIA) in handling client data and customer personal information.
• Exclusion of Implied Warranties: To the maximum extent permitted by South African law (subject to CPA mandatory consumer rights), Mtronika provides services on an "as-is" basis and excludes all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Maximum Liability Cap: Mtronika's maximum aggregate liability to the client for any and all claims arising out of or related to the provision of services under any paid web application package (whether in contract, delict, or otherwise) shall be limited to the total fees paid by the client to Mtronika in the twelve (12) months immediately preceding the event giving rise to the claim, subject to an absolute maximum cap of Fifty Thousand Rand (R50,000.00) per client per annum.
• Exclusion of Consequential Damages: Mtronika shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
  • Loss of profits, revenue, business opportunities, or goodwill;
  • Business interruption or downtime costs;
  • Data loss or corruption (except to the extent caused by Mtronika's gross negligence);
  • Third-party claims arising from client's use of the application;
  • Damages arising from payment gateway failures, third-party API outages, or external service provider errors.
• Client Indemnity: The client agrees to indemnify, defend, and hold harmless Mtronika (Pty) Ltd, its directors, employees, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
  • Client's breach of these terms or applicable laws (e.g., violation of consumer protection laws, data protection breaches, infringement of third-party intellectual property rights);
  • Client's use of the application in a manner inconsistent with its intended purpose or in violation of third-party terms of service;
  • Content, products, services, or materials provided by the client for inclusion in the application (e.g., defamatory content, copyright-infringing images, false advertising claims);
  • Claims by third parties arising from client's business operations, product sales, service delivery, or customer interactions facilitated through the application.
• Force Majeure: Mtronika shall not be liable for any failure or delay in performance of services due to causes beyond its reasonable control, including but not limited to acts of God, pandemics, civil unrest, terrorism, cyberattacks, telecommunications failures, power outages, government actions, or failures of third-party hosting providers, payment gateways, or internet service providers. In the event of force majeure, Mtronika will use reasonable efforts to mitigate service disruptions and will provide timely communication to affected clients.

5.9 Data Protection & POPIA Compliance

• Mtronika as Responsible Party: For the purposes of the Protection of Personal Information Act 4 of 2013 ("POPIA"), Mtronika (Pty) Ltd is the Responsible Party in respect of personal information processed in the course of providing hosting, maintenance, and support services. Mtronika will process personal information in accordance with POPIA and will implement reasonable technical and organizational safeguards to protect client data.
• Client as Responsible Party for End-User Data: Where the client collects personal information from end-users (e.g., customer contact details, e-commerce orders, booking information) through the application, the client is the Responsible Party for such data and must:
  • Obtain lawful consent from end-users for data collection and processing;
  • Provide end-users with a POPIA-compliant privacy policy accessible via the application;
  • Ensure compliance with POPIA Sections 8-25 (conditions for lawful processing);
  • Respond to data subject access requests, correction requests, and deletion requests within timeframes prescribed by POPIA;
  • Notify Mtronika immediately of any data breaches or suspected unauthorized access to client data.
• Security Safeguards (POPIA Section 19): Mtronika implements the following security measures to protect client data:
  • SSL/TLS encryption for data in transit (HTTPS for all production web applications);
  • Encrypted database storage for sensitive information (passwords hashed using bcrypt or Argon2);
  • Daily automated backups with thirty (30) day retention period;
  • Firewall protection and intrusion detection systems on hosting infrastructure;
  • Restricted access controls (only authorized Mtronika personnel with legitimate business need may access client data);
  • Regular security updates and patches for server operating systems, web servers, and application frameworks.
• Data Breach Notification: In the event of a confirmed data breach affecting client data, Mtronika will:
  • Notify the client within forty-eight (48) hours of becoming aware of the breach;
  • Provide details of the breach (nature, affected data, estimated number of affected individuals);
  • Outline remedial actions taken to contain the breach and prevent recurrence;
  • Assist the client in complying with POPIA Section 22 notification obligations to the Information Regulator and affected data subjects, if required.
• Data Retention & Deletion: Client business data (content, customer records, transaction history) will be retained for the duration of the contract plus fourteen (14) calendar days post-termination (as per clause 5.7 above). Thereafter, all data will be permanently deleted from Mtronika's production servers and backup systems. Clients requiring longer retention periods must arrange data exports before service discontinuation.
• AI Model Training Data (Kgosi Package): For clients subscribing to the Kgosi (King) package, Mtronika will train custom AI models exclusively on client-provided datasets. Mtronika warrants that:
  • Client training data will NOT be used to train models for other clients or third parties;
  • Training data will be stored securely on encrypted servers with access restricted to Mtronika's AI development team;
  • Upon contract termination, all training data will be permanently deleted unless the client requests a data export.

5.10 Governing Law, Jurisdiction & Dispute Resolution

• Governing Law: These terms and any contracts entered into pursuant to these terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:
  • Consumer Protection Act 68 of 2008 ("CPA");
  • Electronic Communications and Transactions Act 25 of 2002 ("ECTA");
  • Protection of Personal Information Act 4 of 2013 ("POPIA");
  • Companies Act 71 of 2008;
  • National Credit Act 34 of 2005 (if applicable to payment arrangements).
• Jurisdiction: The parties irrevocably submit to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Johannesburg) or the relevant Magistrate's Court (depending on claim value) for resolution of any disputes arising from or related to these terms.
• Dispute Resolution Process: Prior to instituting legal proceedings, the parties agree to attempt resolution of disputes through the following process:
  1. Informal Negotiation: The aggrieved party must submit a written notice of dispute via email to support@mtronika.co.za (or to the client's registered email address if Mtronika is the aggrieved party), setting out the nature of the dispute and proposed resolution. The parties will negotiate in good faith for a period of fourteen (14) calendar days.
  2. Mediation (Optional): If informal negotiation fails, either party may propose mediation by an independent mediator appointed by mutual agreement. Mediation costs will be shared equally unless otherwise agreed.
  3. Litigation: If the dispute remains unresolved after thirty (30) calendar days from the date of the initial dispute notice, either party may commence legal proceedings in the appropriate court.
• Consumer Rights & Regulatory Bodies: Nothing in these terms limits or excludes the client's rights under the Consumer Protection Act. Consumers may lodge complaints with:
  • National Consumer Commission: Toll-free: 0800 014 880 | Email: complaints@thencc.gov.za | Website: www.thencc.gov.za
  • Information Regulator (POPIA Complaints): Tel: 010 023 5200 | Email: complaints.IR@justice.gov.za | Website: www.justice.gov.za/inforeg/
• Legal Costs: In the event of litigation, the unsuccessful party shall be liable for the successful party's legal costs on the attorney-and-client scale, unless the court orders otherwise.

5.11 General Provisions

• Entire Agreement: These terms, together with any signed service agreements, quotations, and project scope documents, constitute the entire agreement between Mtronika and the client and supersede all prior negotiations, representations, or agreements (whether oral or written).
• Amendment of Terms: Mtronika reserves the right to amend these terms upon sixty (60) calendar days' written notice to clients via email. Amendments will apply to month-to-month contracts immediately after the notice period. Fixed-term contracts will continue under the original terms until natural expiry, after which amended terms will apply to any renewals.
• Severability: If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any breach of these terms shall constitute a waiver of any subsequent breach. Failure by Mtronika to enforce any right or provision shall not be deemed a waiver of such right or provision.
• Assignment: The client may NOT assign, transfer, or delegate any rights or obligations under these terms without Mtronika's prior written consent. Mtronika may assign its rights and obligations to a successor entity in the event of a merger, acquisition, or business restructuring.
• Notices: All notices required under these terms must be delivered via email to the registered email addresses of the parties:
  • Mtronika: support@mtronika.co.za
  • Client: Email address provided during contract execution
  Notices are deemed delivered on the date of successful email transmission, provided no delivery failure notification is received.
• Electronic Contract Acceptance (ECTA Compliance): By accepting a paid web application package (via online order form, email confirmation, or signed quotation), the client acknowledges that:
  • Electronic contracts are legally binding in accordance with ECTA Section 11;
  • The client consents to electronic communications, invoicing, and contract execution;
  • The client has read, understood, and agrees to be bound by these terms in their entirety;
  • The client confirms the accuracy of contact details, business information, and payment authorization provided.

Onsite Support Services

OS-1Service Overview

Mtronika offers professional onsite technical support services for businesses and individuals. Our certified technicians provide comprehensive IT support, troubleshooting, and consultation services.

OS-2Service Rates

OS-3Services Included

• Hardware Troubleshooting: Diagnosis and repair of computer hardware issues
• Software Installation: Operating system and application installation and configuration
• Network Setup: Local network configuration and troubleshooting
• Data Recovery: Professional data recovery services where possible
• System Optimization: Performance tuning and system cleanup
• Security Services: Virus removal, security software installation

OS-4Service Terms

• Minimum Charge: Minimum 1-hour charge applies to all onsite visits
• Travel Time: No charge for travel time within Johannesburg metro area
• Parts and Materials: Additional charges for parts and software licenses
• Scheduling: Services available during business hours, emergency support by arrangement
• Payment: Payment due upon completion of service unless prior arrangements made
• Warranty: 30-day warranty on all repair work performed

OS-5Booking and Contact

Legal & Compliance Framework

1. Consumer Protection Act (CPA) Compliance

2. ICASA Electronic Communications Compliance

3. AI Education Initiative - Children's Data Protection

4. Enhanced Force Majeure & Business Continuity

5. Enhanced POPIA Compliance Framework

6. Comprehensive Refund & Cancellation Policy

7. Enhanced Dispute Resolution & Arbitration Framework

ZeroTrust Security Policy Framework

1. ZeroTrust Core Security Principles for Client Services

2. AI Application Security & Client Data Protection

3. WhatsApp Business Chatbot Security Framework

4. Software Development Security Standards for Clients

5. Website Design Security Framework for Clients

6. Client Data Protection & Privacy Framework

7. Incident Response & Client Communication Framework