Legal
Terms of service
How we quote, charge, hand over and support the work we do for you, and what each of us is responsible for.
01Who we are and how these terms apply
The business contracting with you is Rizonetech (Pty) Ltd, Company Registration No 2019/060336/07, with its registered office at 5 Mooisig, 50 Wellington Street, George, Western Cape, 6529, South Africa. Its founder and director is Derick Payne. In these terms, "we", "us" and "our" mean Rizonetech (Pty) Ltd, and "you" means the person or business we do work for or who uses this website.
These terms apply to every service we provide: websites, website health and performance, custom software and integrations, Microsoft 365 and email, managed IT, and Azure and cloud migration. They also apply to your use of rizonetech.com and its free tools.
Your written scope or quote may add to these terms or change them for a particular job. Where the scope and these terms differ, the scope applies to that job.
"In writing" includes email and an accepted form on this website.
02Quotes and written scope
Work starts once you have accepted a written scope or quote. It sets out what we will do, what you will provide, the fees and any timing you and we agree.
A quote is valid for the period stated on it. If no period is stated, it is valid for 30 days.
Changes to the scope are agreed in writing before the changed work starts. A change can affect the fees and the timing, and we will tell you how before you agree to it.
Work you ask for that is outside the scope is charged as the scope or a new quote sets out.
03Fees and payment
The fees are those in your quote or invoice. This website does not publish prices.
You pay each invoice by its due date, into the account shown on the invoice. A quote may ask for a deposit before work starts.
If an invoice is not paid by its due date, we may charge interest on the overdue amount at the rate the law allows, and we may pause work until the account is paid. We will tell you in writing before we pause any work.
Third-party costs are passed on to you as stated in the quote or invoice. These include software licences, Microsoft licences, domain names, hosting, and paid plugins or services bought for you. Their prices are set by the supplier and can change when the supplier changes them.
If you dispute part of an invoice, tell us in writing within 14 days of receiving it, and pay the part that is not in dispute.
04Your responsibilities
You give us the access we need to do the work, such as admin accounts, hosting and domain logins, and remote or on-site access to devices, when we need it.
You give us accurate and complete information, and you tell us promptly when something changes.
Unless backup is part of the scope, you make sure your own data is backed up before we start work on a system that holds it, such as a website, a mailbox or a computer.
You make sure the content, data and material you give us or ask us to publish is lawful, and that you have the right to use it. This includes text, images, logos and personal information.
You keep your own passwords and accounts secure, and you tell us promptly if you think an account we work on has been compromised.
If a delay on your side holds up the work, the timing moves by the same amount.
05Microsoft licences
Microsoft 365 and other Microsoft licences are governed by Microsoft's own terms, including the Microsoft Customer Agreement, as well as these terms.
Before we order Microsoft licences for you, you accept our separate Microsoft 365 New Commerce Experience (NCE) agreement. It sets out the commitment term, renewal and notice for your subscription. Where that agreement and these terms differ on a licence, the NCE agreement applies.
Microsoft's New Commerce Experience rules fix a subscription for its full term once Microsoft's short cancellation window has passed. Those rules are Microsoft's, not ours, and we cannot change them. You pay for the full term you committed to.
Microsoft sets its prices and may change them. A price change applies as Microsoft's rules allow.
06Intellectual property and handover
Once you have paid in full for a piece of work, you own what we made specifically for you under the scope, such as your website's design and content, your custom software's code and your documents. Until then, we license you to use it for the purpose of the scope.
We keep ownership of our pre-existing tools, code libraries, templates, methods and know-how, including anything we built before the work or for general use. Where they form part of what we deliver to you, you get a permanent, non-exclusive licence to use them as part of that work.
Open-source components stay under their own licences, and you use them on those terms. The same applies to third-party themes, plugins and software, which are licensed to you by their makers.
On handover, we give you the files, access details and credentials you need for the work you have paid for, as the scope sets out.
Unless you ask us not to in writing, we may name you as a client and describe the work in general terms. We will not publish your logo or a quote from you without your permission.
07Confidentiality and POPIA
We keep your confidential information confidential. We use it only to do the work, and we share it only with suppliers who need it for the work, or when the law requires it.
When we process personal information on your behalf, for example in your mailboxes, website or systems, you are the responsible party and we are your operator under the Protection of Personal Information Act (POPIA).
As your operator, we process that personal information only with your knowledge and authorisation, and only for the work. We treat it as confidential, and we do not disclose it unless the law requires it.
We take reasonable technical and organisational measures to keep that personal information secure, including access control, strong authentication and keeping systems up to date.
If we have reasonable grounds to believe that personal information we process for you has been accessed or acquired by someone without authority, we tell you straight away, so that you can meet your own obligations to notify the Information Regulator and the people affected. We help you with that where we can.
How we handle the personal information this website collects is set out in the privacy policy.
These duties continue after the agreement between us ends.
08Support and response
We answer on weekdays in business hours, and as soon as we can outside them.
We do not offer 24/7 support. Response times, support hours and escalation are those agreed in your scope, if any.
Support covers the services in your scope. Other help is charged as the scope or a new quote sets out.
09Warranties
We do the work with reasonable skill and care.
We do not promise that software, websites or systems will be free of every error or run without any interruption, or that a website will reach any particular search ranking, traffic or number of enquiries.
If you tell us about a defect in our work within 30 days of delivery, we fix it at no charge. This does not cover problems caused by changes made by someone else, by third-party updates, or by using the work outside its purpose.
10Limitation of liability
We are not liable for indirect or consequential loss, such as lost profit, lost revenue, lost business or lost data that you could have restored from a backup.
Our total liability to you for any claim is limited to the fees you paid us for the service the claim relates to in the 12 months before the claim arose.
Nothing in these terms limits or excludes liability that the law does not allow to be limited or excluded, including our liability for gross negligence, fraud or deliberate wrongdoing, and your rights under the Consumer Protection Act where it applies to you.
11Third-party services and outages
Much of the work relies on services we do not control, such as Microsoft, hosting providers, domain registries, internet service providers and software makers.
We are not responsible for their outages, changes, price increases or decisions, but we help you deal with them within the scope.
We are not liable for a delay or failure caused by events outside our reasonable control, such as load-shedding, a supplier outage, a cyber attack on a third party, or a natural disaster.
12Ending the agreement
Either of us may end an ongoing service by giving the notice set out in the scope. If the scope does not set out a notice period, the notice is 30 days in writing.
Either of us may end the agreement straight away by notice in writing if the other seriously breaches it and does not fix the breach within 14 days of being asked to.
You pay for the work done and the costs incurred up to the end date, and for any third-party commitment that cannot be cancelled, such as a Microsoft subscription term.
When the agreement ends and your account is paid, we hand over your access details, credentials, files and data, as the scope sets out, and we remove our own access when you ask us to.
After handover, we delete the personal information we processed for you, unless the law requires us to keep it.
13Using this website
The free tools on this website, such as the domain, email and IT health checks, give general information. They are not professional advice for your situation, and you should not rely on them alone for a decision.
We try to keep the tools accurate, but we do not promise that their results are complete or correct.
You may use the tools only for domains and systems you own or are allowed to check. You may not use them to attack, overload or probe other people's systems, or try to break, scrape or abuse the tools or the website.
The content of this website belongs to Rizonetech (Pty) Ltd or its licensors. You may share links to it, but you may not copy it for commercial use without our permission.
14Changes to these terms
We may update these terms. The version and date at the top show which version applies.
A change does not affect work already agreed in a signed scope unless you and we agree otherwise in writing.
15Governing law and disputes
These terms are governed by the law of the Republic of South Africa.
If you and we disagree, we both first try to resolve it by talking. Either of us may start by writing to the other with the details.
If the disagreement is not resolved within 30 days, either of us may refer it to mediation or to a South African court with jurisdiction.
Nothing in this clause stops either of us from asking a court for urgent relief.
16Contact
Rizonetech (Pty) Ltd, Company Registration No 2019/060336/07
Registered office: 5 Mooisig, 50 Wellington Street, George, Western Cape, 6529, South Africa
Email: derick@rizonetech.com
Legal and privacy requests: legal@rizonetech.com
Phone and WhatsApp: +27 84 963 0169
A question about these terms?Ask us directly, and we will answer in plain words.
Email legal@rizonetech.com