1. Introduction Welcome to Capital Foundry (Pty) Ltd. By accessing or using our services, website, or any related platforms, you agree to comply with and be bound by these Terms of Service. These terms govern your use of our offerings, ensuring clarity, transparency, and mutual understanding between you (the user) and Capital Foundry. If you do not agree with these terms, you should refrain from using our services.

This agreement is designed to protect both parties by defining the scope of our services, limitations of liability, user obligations, and dispute resolution procedures. We may update these terms from time to time, and it is your responsibility to review them periodically to stay informed of any changes.

2. Definitions For clarity, certain key terms used in this agreement are defined as follows:

  • “Company” refers to Capital Foundry (Pty) Ltd, including its affiliates and subsidiaries.
  • “User” refers to any individual or entity accessing our services.
  • “Services” include but are not limited to consulting, managed IT services, software solutions, and digital transformation offerings.
  • “Website” refers to Capital Foundry’s official website and associated platforms.
  • “Agreement” refers to these Terms of Service, including any updates or amendments.

3. Eligibility & User Responsibilities To access our services, you must meet the eligibility requirements set forth in this agreement. By using our services, you represent that:

  • You are at least 18 years old or have legal capacity to enter into a binding contract.
  • You will provide accurate, up-to-date, and complete information as required.
  • You will use our services only for lawful purposes and in compliance with all applicable laws and regulations.

As a user, you agree to:

  • Maintain confidentiality of any login credentials.
  • Report any unauthorized access or security breaches immediately.
  • Not engage in any activities that disrupt, interfere with, or compromise the integrity of our services.
  • Respect intellectual property rights and not reproduce, distribute, or resell our services without permission.

4. Scope of Services Capital Foundry provides a range of services designed to enhance business efficiency through technology. Our core offerings include but are not limited to:

  • IT Managed Services: Providing proactive monitoring, support, and infrastructure management.
  • Cloud Solutions: Implementation, migration, and optimization of cloud environments.
  • Cybersecurity: Protection of digital assets through threat monitoring, risk assessments, and compliance solutions.
  • Business Process Automation: Streamlining workflows using automation technologies.
  • Technology Consulting: Strategic advisory services for IT investments and digital transformation.

These services may be delivered remotely or on-site, depending on the client’s requirements. Capital Foundry reserves the right to modify, update, or discontinue services at its discretion, ensuring that clients are notified of significant changes.

5. Service Agreements & Payment Terms Our services may be governed by specific contracts, such as Service Level Agreements (SLAs), which outline deliverables, timelines, and performance benchmarks. Payment terms include:

  • Pricing structures based on hourly rates, project-based fees, or subscription models.
  • Upfront deposits where applicable, with subsequent payments aligned to milestones or monthly billing cycles.
  • Late payment penalties or service suspension in cases of non-payment.
  • Refund policies, which are subject to case-by-case evaluations.

Clients are encouraged to review their service agreements carefully to understand billing cycles, payment methods, and any associated fees.

6. Intellectual Property Rights All content, trademarks, software, and materials provided by Capital Foundry are protected under intellectual property laws. Clients and users acknowledge that:

  • They do not gain ownership rights over any proprietary software, documentation, or methodologies used in service delivery.
  • Any custom-developed solutions remain the property of Capital Foundry unless otherwise agreed upon in writing.
  • Unauthorized reproduction, modification, or distribution of Capital Foundry’s materials may lead to legal action.

For collaborative projects, intellectual property rights may be jointly negotiated to ensure fair usage.

7. Privacy & Data Protection Capital Foundry takes data privacy seriously and implements robust measures to safeguard user and client information. Our data protection policy ensures:

  • Compliance with South African data protection laws, including the Protection of Personal Information Act (POPIA).
  • Secure handling, storage, and processing of personal and business data.
  • Limited data sharing with third parties, strictly for service delivery purposes, and with user consent where applicable.
  • User rights to access, correct, or request deletion of their personal data.

For detailed information on how we collect, use, and protect data, users should refer to our Privacy Policy.

8. Limitation of Liability While Capital Foundry strives to provide high-quality and uninterrupted services, we are not liable for:

  • Any indirect, incidental, or consequential damages resulting from service interruptions, security breaches, or third-party failures.
  • Loss of profits, data, or business opportunities due to unforeseen circumstances beyond our control.
  • Errors, inaccuracies, or delays in information provided on our website or through our services.

Our liability is limited to the extent permitted by law, and clients should ensure they have appropriate risk mitigation measures in place.

9. Termination & Suspension of Services Capital Foundry reserves the right to suspend or terminate services under the following conditions:

  • Breach of terms or misuse of services by the user.
  • Non-payment of invoices beyond agreed-upon deadlines.
  • Legal or regulatory requirements necessitating service discontinuation.
  • Security concerns or threats that compromise the integrity of our systems.

Clients will be notified of any impending service termination and given an opportunity to resolve outstanding issues where applicable.

10. Dispute Resolution & Governing Law In the event of disputes arising from service agreements or contractual obligations, the following steps apply:

  • Initial resolution attempts through direct negotiation and mediation.
  • Escalation to arbitration, conducted in accordance with South African legal frameworks.
  • Legal proceedings as a last resort, subject to jurisdictional laws of South Africa.

Capital Foundry is committed to fair and transparent dispute resolution to ensure positive client relationships.

11. Amendments to Terms These Terms of Service may be updated periodically to reflect changes in laws, business operations, or service enhancements. Users are encouraged to review these terms regularly to stay informed of their rights and obligations. Continued use of our services after updates constitutes acceptance of the revised terms.

12. Contact Information For inquiries, clarifications, or support, users may contact us at: Capital Foundry (Pty) Ltd Email: info@capitalfoundry.co.za Phone: +27 67 965 8193 Website: https://www.capitalfoundry.co.za

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