1. Introduction and Acceptance of Terms
These Terms of Service ("these terms") govern the provision of software development, hosting, and related services by Eyona Software Development (Pty) Ltd ("Eyona Software", "we", "us", or "our") to its clients (each a "Client"), and the use of our website at www.eyonasoftware.co.za.
By engaging our services or using our website, the Client agrees to these terms. Where a signed agreement exists between Eyona Software and the Client, the signed agreement prevails to the extent of any conflict with these terms.
2. Services
Eyona Software provides the following services:
- Custom software development: Design, development, and delivery of software systems built to the Client's requirements.
- Hosted software systems: Software systems operated and made available to the Client on a hosted basis.
- Support and maintenance: Ongoing support, maintenance, and enhancement of systems we have built or host.
The specific scope, deliverables, and fees for any engagement are set out in the individual agreement, proposal, or quotation applicable to that engagement.
3. Hosting Services (Resale)
Hosting services are provided by way of resale: Eyona Software acquires hosting and connectivity services from licensed electronic communications service providers and makes them available to the Client together with value-added system management and support. Eyona Software does not own or operate an electronic communications network and does not provide network services or network access.
4. Radio Equipment and Licensing
The Client warrants that it holds, and will maintain for the duration of the service, all licences, certificates, authorisations and type approvals required by law (including under the Electronic Communications Act and applicable ICASA and SACAA regulations) for any radio apparatus connected to or used with any system supplied or hosted by Eyona Software, including radio frequency spectrum licences and operator certificates. The lawful installation and operation of all radio equipment remains the Client's sole responsibility.
5. Indemnity
The Client indemnifies Eyona Software against any claim, fine, penalty or loss arising from the Client's operation of radio equipment or from any failure by the Client to hold or comply with the licences and authorisations referred to in these terms.
6. No Third-Party Provision
Systems and any associated radio links are provided for the Client's use only. The Client may not resell, sublicense or otherwise make a system or radio link available to any third party without Eyona Software's prior written agreement.
7. Internal Use
Systems are supplied for use principally in connection with the Client's own internal operations.
8. Payment Terms
Fees are set out in the applicable agreement, proposal, or quotation. Invoices are payable as per the payment terms agreed with the Client. Eyona Software may suspend services where invoices remain unpaid after the agreed payment date, following reasonable notice to the Client.
9. Intellectual Property
Each party retains ownership of its own pre-existing intellectual property, including tools, libraries, frameworks, and know-how. Ownership and licensing of intellectual property in deliverables created for a Client are governed by the individual agreement applicable to that engagement.
10. Limitation of Liability
To the maximum extent permitted by law, Eyona Software's total aggregate liability arising from or in connection with the services, whether in contract, delict, or otherwise, is limited to the fees paid by the Client to Eyona Software in the three months preceding the event giving rise to the claim.
Eyona Software is not liable for any indirect, special, or consequential loss, including loss of profits, loss of revenue, loss of data, or loss of business opportunity.
11. Privacy
Our collection and processing of personal information is governed by our Privacy Policy, which complies with the Protection of Personal Information Act, 2013 (POPIA).
12. Changes to These Terms
We may update these terms from time to time to reflect changes in our services or applicable law. Any changes will be posted on this page with an updated effective date. Continued use of our services after changes are posted constitutes acceptance of the updated terms.
13. Governing Law
These terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts.
14. Contact Us
If you have any questions about these terms, please contact us:
- Company: Eyona Software Development (Pty) Ltd
- Email: info@eyonasoftware.co.za
- Phone: +27 87 058 9661
- Address: Sienna Drive, Cape Town, South Africa