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Evotech Innovation – Terms and Conditions of Sale
Evotech Innovation

Standard Terms and Conditions of Sale

Last updated: 11 May 2025

These Terms and Conditions ("Terms") govern all sales, services, and engagements provided by Evotech Innovation ("the Company") to its clients ("the Client"). By placing an order, signing a proposal, or otherwise engaging the Company's services, the Client acknowledges and agrees to be bound by these Terms in their entirety.
1

Scope of Application

These Terms apply to all services provided by Evotech Innovation, including but not limited to domain registration, website hosting, web development, computer repairs, and related IT support services.

Any variation, amendment, or deviation from these Terms shall only be valid if agreed upon in writing and signed by authorised representatives of both parties.

2

Precedence of Terms

The Client expressly waives the application of its own terms and conditions, including any terms introduced at a later stage. In the event of a conflict, these Terms shall prevail unless both parties have agreed otherwise in a separate written agreement.

3

Quotations and Orders

All quotations issued by the Company are valid for a period of 14 (fourteen) calendar days from the date of issue, after which they may be revised or withdrawn.

Orders shall only be deemed accepted once confirmed in writing by the Client—whether via email or a signed proposal. The Company reserves the right to require a deposit of up to 50% of the project value prior to commencement of work on larger or custom engagements.

4

Payment Terms

Unless otherwise stated on the invoice, all invoices are payable within 21 (twenty-one) calendar days from the date of issue.

Late payment: A fixed interest charge of 10% of the outstanding balance will be applied to any overdue amounts.

Invoices for physical goods must be settled in full before shipment can be arranged.

The Company reserves the right to suspend services without prior notice if payment is not received by the due date. Should any amount remain outstanding for more than 60 (sixty) days, the account may be referred to a debt recovery agency, and the Client shall be liable for all associated recovery costs, legal fees, and collection charges.

5

Tax and Withholding

The Client is solely responsible for any applicable taxes arising from the transaction, including VAT, withholding tax, or any other fiscal obligation imposed by the Client's jurisdiction.

All invoices are to be settled in full as stated. The Company will not accept deductions, set-offs, or reductions on account of the Client's foreign tax obligations.

6

Service Delivery and Obligations

The Company undertakes to deliver all services with reasonable skill and care, and within timelines agreed upon at the outset of each engagement. Estimated delivery dates are provided in good faith but are not binding guarantees.

Evotech Innovation shall not be held liable for any indirect, incidental, or consequential losses—including, without limitation, loss of data, loss of revenue, or third-party claims—arising from the provision of its services.

7

Hardware Repair Terms

Important: All hardware repairs and diagnostic services are undertaken entirely at the Client's own risk. By submitting a device for repair, the Client acknowledges and accepts the terms set out in this section.

The Company will exercise reasonable skill and care when performing hardware repairs; however, the Client acknowledges that repair work on electronic devices carries inherent risks, including but not limited to component failure, cosmetic damage, or reduced device lifespan—particularly in the case of aged, water-damaged, or previously repaired equipment.

Pre-existing conditions: Evotech Innovation shall not be held liable for any faults, defects, or failures that existed prior to the device being submitted for repair, nor for any secondary issues that may arise as a direct or indirect consequence of such pre-existing conditions.

Data loss: The Client is solely responsible for creating a complete backup of all data stored on the device before submitting it for repair. The Company accepts no liability for the loss, corruption, or destruction of any data during the repair process.

Diagnostic and assessment fee: A non-refundable diagnostic fee may be charged for the assessment of any device. This fee remains payable regardless of whether the Client elects to proceed with the recommended repair.

Repair warranty: Unless otherwise stated in writing, repairs carry a limited warranty of 30 (thirty) calendar days from the date of collection, covering only the specific fault that was repaired. This warranty does not extend to any unrelated faults, physical damage, liquid damage, or issues arising from misuse or unauthorised modifications after the repair.

Uncollected devices: Devices not collected within 90 (ninety) calendar days of the Client being notified that the device is ready for collection shall be deemed abandoned. The Company reserves the right to dispose of, recycle, or otherwise deal with abandoned devices as it sees fit, without further notice or liability to the Client.

8

Domain and Hosting Policies

  • Domain registration is subject to availability and the approval of the relevant domain registrar. The Company does not guarantee that a requested domain name will be secured.
  • Hosting services may be suspended or terminated without prior notice in cases of service misuse, hosting of illegal content, or non-payment of fees.
  • The Client is solely responsible for maintaining regular backups of all hosted data, unless a managed backup service has been agreed upon in writing.
9

Client Responsibilities

The Client agrees to the following obligations:

  • Provide accurate, complete, and timely information necessary for the effective delivery of services.
  • Offer prompt feedback, approvals, and sign-offs at each relevant project phase to avoid unnecessary delays.
  • Implement and maintain adequate security measures on their own systems, devices, and accounts, where applicable.
  • Notify the Company without delay of any changes to contact details, project requirements, or other material information.
10

Complaints and Claims

All complaints or claims relating to services rendered must be submitted in writing—via registered mail or email—to the Company's registered address within 8 (eight) calendar days of service delivery.

Claims received after this period may, at the Company's sole discretion, not be entertained. The Company will endeavour to acknowledge all valid complaints within 5 (five) business days of receipt.

11

Intellectual Property

Unless explicitly agreed otherwise in writing, all intellectual property—including but not limited to source code, designs, graphics, documentation, and related materials—developed by Evotech Innovation during the course of a project shall remain the exclusive property of the Company until the Client has made full and final payment for all related services.

Upon receipt of full payment, ownership of the deliverables shall transfer to the Client, unless a separate licensing arrangement has been agreed.

12

Limitation of Liability

To the maximum extent permitted by applicable law, Evotech Innovation shall not be liable for any indirect, incidental, special, or consequential damages—including loss of profits, data, or business opportunity—arising out of or in connection with the provision of services.

Liability cap: The Company's total aggregate liability in respect of any claim shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.
13

Termination

The Company reserves the right to terminate or suspend services, in whole or in part, if:

  • The Client commits a material breach of any provision of these Terms and fails to remedy such breach within a reasonable period after written notice.
  • There is evidence, or reasonable suspicion, of fraud, abuse, or misuse of the Company's services.
  • The Client fails to make payment by the due date, or becomes insolvent or subject to any form of business rescue or liquidation proceedings.

Upon termination, the Client shall remain liable for all fees incurred up to and including the date of termination.

14

Returns and Handling Fee

Please note: All items returned for credit must be in their original, unopened packaging and in a resalable condition. A handling fee of 15% of the original invoice amount will apply to all approved returns.

Shipping costs associated with returns are the responsibility of the Client. Returns will only be processed once the Company has inspected the goods and confirmed they meet the conditions set out above.

15

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of South Africa.