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Terms of Service

Please read these terms carefully before using our services

Last Updated: February 12, 2026

Welcome to Suncloud Systems. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using the Suncloud Systems website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Description of Services

Suncloud Systems provides technology solutions including but not limited to:

  • Web development and design
  • Mobile application development
  • Custom software solutions
  • IT consulting and support services
  • System integration and automation

The specific scope, deliverables, and terms of each project will be outlined in a separate Service Agreement or contract.

3. User Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Service Agreements and Contracts

4.1 Project Scope

For each project, we will provide a detailed proposal or Service Agreement outlining:

  • Project scope and deliverables
  • Timeline and milestones
  • Pricing and payment terms
  • Responsibilities of both parties
  • Acceptance criteria

4.2 Changes to Scope

Any changes to the agreed project scope must be documented in writing and may result in adjustments to pricing and timeline. Additional work beyond the original scope will be quoted separately.

4.3 Client Responsibilities

Clients are responsible for:

  • Providing timely access to necessary resources, information, and systems
  • Reviewing and approving deliverables within agreed timelines
  • Providing constructive feedback and clear requirements
  • Making timely payments according to the agreed schedule

5. Payment Terms

5.1 Pricing

Pricing for our services is outlined in individual proposals or Service Agreements. All prices are in South African Rand (ZAR) unless otherwise specified.

5.2 Payment Schedule

Unless otherwise agreed:

  • A deposit (typically 50%) is required before work commences
  • Remaining balance is due upon project completion and acceptance
  • For ongoing services, invoices are issued monthly

5.3 Late Payments

Late payments may incur interest charges at a rate of 2% per month or the maximum allowed by law, whichever is less. We reserve the right to suspend or terminate services for non-payment.

5.4 Refunds

Deposits and payments for completed work are non-refundable. Refund requests for incomplete work will be evaluated on a case-by-case basis.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Upon full payment, all custom work created specifically for the client (excluding pre-existing components, third-party libraries, and our proprietary tools) will be transferred to the client.

6.2 Our Intellectual Property

We retain ownership of:

  • Pre-existing code, tools, and frameworks
  • General methodologies and processes
  • Reusable components and libraries

6.3 Portfolio Rights

Unless otherwise agreed, we reserve the right to showcase completed projects in our portfolio, case studies, and marketing materials.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

  • Services will be performed with reasonable skill and care
  • Deliverables will substantially conform to agreed specifications
  • We have the right to provide the services

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7.3 Third-Party Services

We are not responsible for the performance, availability, or security of third-party services, platforms, or integrations used in your project.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNCLOUD SYSTEMS SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages exceeding the amount paid by the client for the specific service in question

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This obligation survives the termination of our relationship.

10. Support and Maintenance

10.1 Warranty Period

We provide a warranty period (typically 30-90 days, as specified in the Service Agreement) during which we will fix bugs or defects in delivered work at no additional charge.

10.2 Post-Warranty Support

After the warranty period, support and maintenance services are available through:

  • Hourly rates
  • Monthly retainer agreements
  • Separate support contracts

11. Termination

11.1 Termination by Client

Clients may terminate a project at any time by providing written notice. Client will be responsible for payment for all work completed up to the termination date, plus any cancellation fees outlined in the Service Agreement.

11.2 Termination by Us

We may terminate our services if:

  • Client fails to make payments as agreed
  • Client breaches these Terms or the Service Agreement
  • Continuing the relationship is no longer feasible

12. Website Use

12.1 Acceptable Use

You agree not to:

  • Use our website for any unlawful purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt our website or servers
  • Collect or harvest personal information from other users
  • Upload viruses, malware, or malicious code

12.2 Content Accuracy

While we strive to provide accurate information on our website, we make no warranties about the completeness, reliability, or accuracy of this information.

13. Indemnification

You agree to indemnify and hold Suncloud Systems harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your use of our services
  • Your violation of any rights of another party

14. Dispute Resolution

14.1 Negotiation

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

14.2 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.

14.3 Arbitration

If negotiation fails, disputes may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

15. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or government actions.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with any Service Agreement or contract, constitute the entire agreement between you and Suncloud Systems regarding the use of our services and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions about these Terms, please contact us:

  • Suncloud Systems
  • Email: info@suncloudsystems.co.za
  • Phone: +27 81 258 4858
  • Address: 346 Main Avenue, Ferndale, Randburg, 2194

Acknowledgment: By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Suncloud Systems

Your dependable technology solutions partner, delivering excellence in software development and IT services.

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  • +27 81 258 4858
  • info@suncloudsystems.co.za
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