Table of Contents
1. Agreement to Terms
By accessing, browsing, or utilizing any services provided by Zynkosi Tech (Pty) Ltd, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any additional terms that may apply to specific services.
Important Notice
If you do not agree to these terms in their entirety, you must immediately discontinue use of our services. Continued use constitutes acceptance of these terms.
By using our services, you represent and warrant that:
- You have the legal capacity to enter into binding contracts
- You are at least 18 years of age
- You have the authority to bind your organization (if applicable)
- All information you provide is accurate and truthful
2. Description of Services
Zynkosi Tech is an enterprise technology consultancy delivering precision-engineered digital solutions. Our comprehensive service portfolio includes:
Custom Software Development
Bespoke enterprise applications and platforms
Cloud Infrastructure
Scalable cloud architecture and migration
AI & Automation
Intelligent systems and process automation
System Integration
Seamless integration of enterprise systems
Digital Transformation
Strategic technology consulting and implementation
Security Solutions
Cybersecurity and compliance services
Mobile Development
Native and cross-platform mobile applications
Technical Support
Ongoing maintenance and support services
Note: Specific service offerings, deliverables, timelines, and pricing are detailed in individual Statement of Work (SOW) documents or service agreements.
3. Use License and Restrictions
Subject to your compliance with these Terms, Zynkosi Tech grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes.
Prohibited Activities
License Grant
This license does not transfer any ownership rights. All rights not expressly granted are reserved by Zynkosi Tech.
4. Client Responsibilities
Successful project delivery requires active collaboration. As our client, you agree to:
Information Accuracy
Provide accurate, complete, and timely information required for service delivery
Timely Response
Respond promptly to requests for feedback, approvals, and clarifications
Resource Availability
Ensure availability of key stakeholders and decision-makers
System Access
Provide necessary access to systems, environments, and documentation
Payment Compliance
Make payments according to agreed terms and schedules
IP Respect
Respect intellectual property rights of all parties involved
Legal Compliance
Use our services in accordance with all applicable laws and regulations
Security Cooperation
Maintain security of credentials and notify us of any breaches
5. Payment Terms and Billing
Our payment terms are designed to be fair and transparent. All financial arrangements are detailed in individual service agreements.
Standard Terms
- •Invoices due within 30 days of receipt
- •Payment via bank transfer or approved methods
- •All amounts in South African Rand (ZAR)
- •VAT applicable per South African law
Late Payment
- •Interest charged at prime rate + 2% per month
- •Services may be suspended for overdue accounts
- •Recovery costs may be added to outstanding balance
- •Legal action may be pursued for non-payment
Refund Policy
Due to the bespoke nature of our services, all fees are generally non-refundable once work has commenced. Refund eligibility is evaluated on a case-by-case basis and must be requested in writing within 14 days of service initiation.
6. Intellectual Property Rights
Intellectual property ownership and licensing terms are critical to our business relationship and are clearly defined for each engagement.
Pre-Existing IP
All intellectual property owned by either party prior to the engagement remains the property of the respective owner.
Custom Developments
Ownership of custom-built solutions typically transfers to the client upon full payment, unless otherwise specified in the SOW.
Zynkosi Tech Frameworks
We retain all rights to our proprietary frameworks, methodologies, tools, and general know-how.
Third-Party Components
Third-party software and libraries remain subject to their respective licenses and terms.
License to Use
Where applicable, we grant you a perpetual, non-exclusive license to use deliverables for your business operations.
Portfolio Rights
Zynkosi Tech reserves the right to showcase completed projects in our portfolio unless explicitly prohibited by a confidentiality agreement.
7. Confidentiality and NDA
We treat client confidentiality with the utmost seriousness. Both parties agree to maintain strict confidentiality of all proprietary and sensitive information.
Confidential Information includes:
Confidentiality Obligations
- •Maintain confidentiality during and after the engagement
- •Use confidential information solely for the intended purpose
- •Limit disclosure to authorized personnel only
- •Return or destroy confidential materials upon request
8. Service Level Agreement
We are committed to delivering exceptional service quality. Specific SLA metrics are defined in individual service agreements.
9. Warranties and Disclaimers
Our Warranties
- Services will be performed with professional care and skill
- Deliverables will conform to agreed specifications
- Work will not infringe third-party intellectual property rights
- We have the right and authority to provide our services
Disclaimer
Except as expressly stated above, our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.
We disclaim all warranties including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or secure.
10. Limitation of Liability
Important Limitation
To the maximum extent permitted by law, in no event shall Zynkosi Tech, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Liability Cap
Our total aggregate liability for all claims arising from or relating to these terms or our services shall not exceed the total amount paid by you to Zynkosi Tech in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Zynkosi Tech and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- •Your breach of these Terms
- •Your violation of any law or rights of a third party
- •Your use of our services
- •Your content or data provided to us
12. Term and Termination
These Terms remain in effect while you use our services. Either party may terminate the relationship subject to the conditions outlined below.
Termination by Client
- •30 days written notice required
- •Payment for work completed to date
- •No refund for prepaid services
Termination by Zynkosi Tech
- •Immediate for breach of terms
- •Non-payment of invoices
- •Illegal or harmful activities
Effect of Termination
Upon termination, all licenses granted to you will immediately cease, and you must discontinue all use of our services and return or destroy all confidential materials.
13. Service Modifications
Zynkosi Tech reserves the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also update these Terms from time to time.
Notification of Changes
Material changes to these Terms will be communicated via email or prominent notice on our website. Your continued use after such changes constitutes acceptance.
14. Dispute Resolution
In the event of any dispute arising from these Terms or our services, both parties agree to the following resolution process:
Good Faith Negotiation
Attempt to resolve the dispute through direct negotiation within 30 days
Mediation
If negotiation fails, submit to mediation with a mutually agreed mediator
Arbitration
Final binding arbitration in accordance with South African arbitration laws
15. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts located in Durban, KwaZulu-Natal, South Africa, for the resolution of any disputes arising from or relating to these Terms or our services.
16. Contact Information
For questions, concerns, or inquiries regarding these Terms of Service, please contact us through the following channels:
General Inquiries
Company: Zynkosi Tech (Pty) Ltd
Registration: [Company Registration Number]
Email: info@zynkositech.co.za
Phone: +27 (0)68 577 5986
Location: Durban, KwaZulu-Natal, South Africa
Legal & Compliance
Department: Legal Affairs
Email: legal@zynkositech.co.za
For contract-related matters, disputes, or legal inquiries, please use this dedicated email address.
Business Hours: Monday - Friday, 08:00 - 17:00 SAST (South African Standard Time)
By using Zynkosi Tech's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: December 15, 2025 | Version 2.0