Terms & Conditions

Terms overview

Terms and Conditions

Bitlogiq

Effective date: Dec 18, 2024

Important notice

Please read these Terms carefully. Clauses that limit our liability, require you to indemnify us, or place a risk on you are printed in bold, as required by section 49 of the Consumer Protection Act 68 of 2008 (CPA). By creating an account, placing an order or using our Services, you confirm that you have read, understood and accept these Terms, our Privacy Policy and our Refund and Cancellation Policy. If you do not accept them, please do not use the Services.

1. About us

The following information is provided in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act).

2. Definitions

“Bitlogiq”, “we”, “us” or “our” means Bitlogiq.

“Customer” or “you” means the person or organisation that creates an account or buys a Service. If you act on behalf of an organisation, you confirm that you are authorised to bind it to these Terms.

“Consumer” means a Customer who is a consumer as defined in the CPA, to the extent that the CPA applies to the transaction.

“Services” means our SaaS Subscriptions, Hosting Services, Domain Services, Digital Products and Professional Services, together or separately.

“SaaS Subscription” means access to our software platforms and applications on a subscription basis.

“Hosting Services” means web, email, application, VPS, cloud and related hosting services.

“Domain Services” means the registration, transfer and renewal of domain names.

“Digital Products” means products delivered electronically, such as software, templates, themes, plugins, scripts, licence keys, courses and documents.

“Professional Services” means setup, migration, custom development, consulting and support beyond standard support, usually provided under a separate quote or statement of work (SOW).

“Customer Data” means all data, content and files that you or your users upload to, store on or process through the Services, including personal information.

“Order” means an online checkout, order form, quote or SOW that you accept.

“Business day” means any day other than a Saturday, Sunday or South African public holiday.

3. Agreement and eligibility

An agreement between you and us is concluded when we confirm your Order by email or activate the Service, whichever happens first.

Before you place an Order you can review it, correct any mistakes and withdraw from it.

If there is a conflict, a signed Order or SOW takes precedence for that Service, then these Terms, then our other policies. Nothing in any of them reduces rights you have under law.

Your invoices and order confirmations are emailed to you and are available in your account for as long as it is active. We keep transaction records for at least 5 years and will send you a copy on request.

You must be 18 or older with full legal capacity. A minor may use the Services only with the help of a parent or guardian who accepts these Terms on their behalf. Our Services are not directed at children.

4. Your account

You must give us accurate, complete information and keep it up to date.

You must keep your login details secure and tell us immediately if you suspect unauthorised use of your account. You are responsible for activity on your account.

We are not liable for any loss caused by your failure to keep your login details secure, except to the extent that the loss was caused by our negligence.

We may ask you to verify your identity or payment method to prevent fraud, and may delay activation until you do.

5. The Services

5.1 SaaS Subscriptions. We grant you a non-exclusive, non-transferable, revocable licence to use the SaaS Subscription for your own business or personal purposes during your subscription, within your plan’s limits (such as users, storage and usage). We may update and improve our software. We will not materially reduce the core features of a paid plan during a paid term without notice and a right to cancel with a pro-rata refund of prepaid fees.

5.2 Hosting Services. You receive the resources described in your plan. “Unlimited” features are subject to fair use, so that one account cannot degrade service for others. If your usage consistently exceeds fair use, we will ask you to upgrade or reduce usage before taking further action. On unmanaged VPS or server plans, you are responsible for securing, patching and backing up your server.

5.3 Domain Services. We register domains on your behalf through the relevant registry or accredited registrar (for example the ZA Central Registry for .co.za domains). You are the registrant of your domain, and the registry’s rules and dispute procedures apply to it. Registrant details may be published in public WHOIS records, subject to the registry’s privacy rules. We send renewal reminders, but you are responsible for renewing your domain on time. An expired domain may be lost or cost more to recover. If your domain fees are paid up, we will provide the transfer code on request and will not unreasonably delay a transfer away from us.

5.4 Digital Products. Digital Products are licensed, not sold. Unless the product page states otherwise, your licence is for a single end user or business, is non-transferable, and does not allow you to resell, redistribute, sublicense or share the product or its licence key. Updates and support are included only for the period stated on the product page.

5.5 Professional Services. Professional Services are provided under a quote or SOW that sets out the scope, price, deposit and timelines. Time estimates are estimates, and changes in scope are quoted separately. Deliverables are treated as accepted if you do not report a material defect in writing within 10 business days of delivery. Ownership of custom deliverables passes to you once paid in full, unless the SOW says otherwise. Our pre-existing tools, code libraries and know-how remain ours, and we grant you a licence to use them as part of the deliverable.

5.6 Third-party products. Some Services include third-party products, such as SSL certificates, software licences and control panels. These are subject to the third party’s terms, which we will make available to you.

5.7 AI features. Some Services use artificial intelligence. AI-generated output can be inaccurate or incomplete. You are responsible for reviewing AI output before you rely on it or share it.

6. Support and service levels

Support is available by email, WhatsApp and our support channels from 08:00 to 17:00, Monday to Friday (South African time), excluding public holidays, unless your plan includes extended support.

We aim for monthly availability of [Uptime Target] for SaaS Subscriptions and Hosting Services. This excludes scheduled maintenance (announced at least 48 hours ahead where reasonably possible), emergency maintenance, events covered by clause 17, and problems caused by you or by third-party services you use.

If we miss the uptime target in a month, you may request a service credit within 30 days after that month ends:

Service credits are applied to future invoices and are not paid out in cash. Service credits are your sole remedy for missed uptime targets. If you are a Consumer, this does not limit your rights under the CPA.

7. Fees, billing and payment

Prices are in South African Rand and include VAT, unless stated otherwise. Customers outside South Africa may be invoiced in another currency where agreed.

Subscriptions are billed in advance for each billing cycle (monthly or annually). Setup fees are once-off. Usage-based fees are billed in arrears.

You can pay by card, EFT or debit order through [Payment Provider]. By choosing recurring payment, you authorise us to charge your payment method at the start of each billing cycle until you cancel.

Subscription invoices are due on the invoice date. Professional Services invoices are due within 7 days, unless the quote or SOW says otherwise.

If a payment is late, we will notify you. If it remains unpaid 7 days after the due date, we may suspend the affected Service. If it remains unpaid 30 days after the due date, we may terminate the Service under clause 13.

Overdue amounts carry interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, from the due date until paid. You must also pay the reasonable costs of recovering overdue amounts, to the extent allowed by law.

If you dispute an invoice, tell us in writing within 14 days and pay the undisputed portion. We will work with you in good faith to resolve the dispute.

We may change prices for monthly plans on 30 days’ written notice. Prices for fixed-term plans stay fixed for the term and may change only from renewal, with notice. Increases in third-party costs (such as registry fees or foreign-currency licence costs) may be passed on with 30 days’ notice. If you do not accept a price change, you may cancel before it takes effect without any cancellation charge.

Please contact us before you dispute a charge with your bank. If you raise a chargeback for a valid charge, we may suspend the Service and recover the chargeback fee our bank charges us.

8. Term, renewal and cancellation

Monthly plans renew automatically each month until cancelled.

Fixed-term plans (for example annual plans) run for the term in your Order. For Consumers, a fixed term will not exceed 24 months.

We will remind you that a fixed term is ending between 40 and 80 business days before it ends, as section 14 of the CPA requires. If you are a Consumer and give no instruction, your plan continues on a month-to-month basis at the then-current monthly price. If you are a business customer, your plan renews for the same term unless you cancel at least 20 business days before the term ends.

If you are a Consumer, you may cancel a fixed-term plan at any time on 20 business days’ written notice, subject to a reasonable cancellation charge as allowed by the CPA.

Cancellations, refunds and the cooling-off period are set out in our Refund and Cancellation Policy, which forms part of these Terms.

9. Acceptable use

You must not use the Services, or allow anyone else to use them, to:

break any law, including the Cybercrimes Act 19 of 2020, POPIA, the Films and Publications Act 65 of 1996 and copyright law;

host, distribute or link to child sexual abuse material (which we report to the authorities), or to content that incites violence or hate speech;

send spam or unsolicited direct marketing in breach of POPIA section 69 or ECT Act section 45;

host or distribute malware, phishing pages, scam or fraudulent content;

attack, probe or gain unauthorised access to any system, including ours;

infringe anyone’s intellectual property, privacy or other rights;

run cryptocurrency mining, open proxies, or processes that overload shared infrastructure; or

resell or sublicense the Services, unless you have a reseller agreement with us.

We may suspend a Service immediately, without prior notice, if we reasonably believe it is being used for any of the above or poses a security risk. We will tell you why as soon as it is lawful and safe to do so. We act on take-down notices under section 77 of the ECT Act and may remove or disable access to content that is the subject of a valid notice.

10. Customer Data and POPIA

You own your Customer Data. You grant us the limited rights needed to host, copy, process and transmit it to provide the Services.

Where your Customer Data contains personal information, you are the responsible party and we are your operator under the Protection of Personal Information Act 4 of 2013 (POPIA). This clause is the written contract required by sections 20 and 21 of POPIA.

As your operator, we will:

process your Customer Data only on your instructions (including these Terms and your use of the Services), unless the law requires otherwise;

treat it as confidential and make sure our staff and subcontractors are bound by confidentiality;

maintain appropriate, reasonable technical and organisational security measures, as required by section 19 of POPIA;

notify you without undue delay, and where possible within 72 hours, if we have reasonable grounds to believe your Customer Data has been accessed or acquired by an unauthorised person, so that you can meet your obligations under section 22 of POPIA;

help you, at reasonable cost, to respond to data subject requests and enquiries from the Information Regulator;

use sub-operators (such as cloud infrastructure providers) only under written terms that give equivalent protection, and give you a list on request;

transfer Customer Data outside South Africa only as allowed by section 72 of POPIA. Our infrastructure is located in [Hosting Locations]; and

after termination, make your Customer Data available for export for 30 days and then delete it, except where the law requires us to keep it. Deleted data rolls out of our backups within 90 days.

You warrant that you have a lawful basis for processing the personal information in your Customer Data, that you have given data subjects the required notices, and that you will not upload special personal information or children’s personal information unless you may lawfully do so.

Unless your plan expressly includes backups, you are responsible for keeping your own backups of your Customer Data. Where backups are included, they are a safeguard and not a guarantee. We are not liable for loss of Customer Data, except to the extent caused by our breach of these Terms or our negligence, and then subject to clause 15.

We may use aggregated, de-identified data about how the Services are used to operate and improve them. This data does not identify you or any person.

How we handle personal information about you as our customer is explained in our Privacy Policy.

11. Intellectual property

We, or our licensors, own all rights in our software, platforms, documentation, trademarks and website. You receive only the licences set out in these Terms.

You may not copy, modify, reverse engineer or decompile our software, except as the law expressly allows.

Your Customer Data and your own trademarks remain yours.

If you send us feedback or suggestions, we may use them freely without any obligation to you.

12. Confidentiality

Each party will keep the other’s confidential information confidential and use it only for purposes of this agreement. This does not apply to information that is public, already known to the recipient, independently developed, or that must be disclosed by law. This clause survives for 3 years after the agreement ends.

13. Suspension and termination

You may cancel as set out in our Refund and Cancellation Policy.

We may terminate a Service if you materially breach these Terms and do not fix the breach within 10 business days of our written notice, or as set out in clause 7.5 for non-payment.

We may suspend or terminate a Service immediately if required by law, for a serious breach of clause 9, for fraud, or if a business customer is placed in liquidation or business rescue (subject to the Companies Act 71 of 2008).

We may discontinue a Service or product on at least 60 days’ notice. If we do, we will refund prepaid fees for the unused period.

When a Service ends, your access ends, amounts already due remain payable, and your Customer Data is handled as set out in clause 10.3.8.

Clauses that by their nature should continue after termination (including clauses 7, 10, 11, 12, 15, 16 and 20) continue.

14. Warranties

We will provide the Services with reasonable care and skill, and substantially as described. If you are a Consumer, you also have the rights in sections 54 to 56 of the CPA.

Except as set out in these Terms and to the extent allowed by law, the Services are provided “as is” and “as available”. We do not warrant that the Services will be uninterrupted or error-free, or that they will meet every one of your requirements.

15. Limitation of liability

Nothing in these Terms limits our liability for gross negligence, wilful misconduct or fraud, or any liability that cannot lawfully be limited, including the rights of Consumers under the CPA.

Subject to clause 15.1, we are not liable for indirect, special or consequential loss, including loss of profit, revenue, business, goodwill or anticipated savings, even if it was foreseeable.

Subject to clause 15.1, our total liability for all claims arising in any 12-month period is limited to the fees you paid us for the affected Service in the 12 months before the event that gave rise to the claim.

Subject to clause 15.1, we are not liable for loss caused by third-party services, payment providers, domain registries, internet or electricity networks, or your own systems, except to the extent that the loss was caused by our negligence.

16. Indemnity

You indemnify us against third-party claims, losses and reasonable legal costs arising from your Customer Data, your breach of clause 9, your infringement of anyone’s rights, or your breach of any law (including POPIA), except to the extent that the claim was caused by our own breach or negligence.

17. Events beyond our control

Neither party is liable for failing to perform because of events beyond its reasonable control. These include load-shedding or grid failure, natural disasters, fire, flood, pandemics, war, civil unrest, strikes, failure of upstream networks or undersea cables, cyberattacks despite reasonable safeguards, and government action. The affected party must notify the other and take reasonable steps to limit the impact. If the event lasts more than 30 days, either party may cancel the affected Service, and we will refund prepaid fees for the unused period.

18. Changes to these Terms

We may update these Terms. For material changes we will give you at least 30 days’ notice by email or in your account. If you do not agree, you may cancel before the change takes effect without a cancellation charge, and we will refund prepaid fees for the unused period. Changes required by law, or that do not reduce your rights, may take effect immediately. If you keep using the Services after a change takes effect, you accept the updated Terms.

19. Notices and electronic communication

We communicate with you by email to your account address and through your account. Under sections 11 to 13 of the ECT Act, these electronic communications are legally valid and meet any requirement for writing.

A notice by email is treated as received when it enters the recipient’s information system, as provided in section 23 of the ECT Act.

Legal notices to us must be delivered to our physical address in clause 1, with a copy to info@bitlogiq.co.za. Our physical address is our chosen address for service of legal documents. Yours is the physical address in your account.

20. Complaints and disputes

Please contact us first at info@bitlogiq.co.za. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.

If you are a Consumer and are not satisfied, you may refer your complaint to the Consumer Goods and Services Ombud, the National Consumer Commission, or any other forum available to you under section 69 of the CPA.

If you are a business customer and the dispute is not resolved within 20 business days, either party may refer it to mediation by an agreed mediator before going to court.

You consent to the jurisdiction of the Magistrates’ Court under section 45 of the Magistrates’ Courts Act 32 of 1944, even if the amount in dispute exceeds its normal limits. We may also approach any other competent court. If you are a Consumer, this does not limit your right to approach any forum available to you by law.

21. General

These Terms are governed by the laws of the Republic of South Africa.

These Terms, our policies and your Orders are the entire agreement between us about the Services.

If any clause is found invalid, the rest remain in force.

A delay or failure to enforce a right does not waive that right.

You may not transfer this agreement without our written consent. We may transfer it to a successor business with notice to you, provided your rights are not reduced.

Where the CPA applies, nothing in these Terms is intended to limit any right you have under it. If any clause conflicts with the CPA, the CPA prevails.