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Terms & Conditions

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your use of the website, services, digital platforms, and products provided by HyperMartX PTY (LTD) (Registration No: 2025/218955/07), trading as ASI Technologies ("the Company", "we", "us").

By accessing our website at www.asitechnologies.co.za, booking a consultation, or engaging any of our services, you ("the Client", "you") agree to be bound by these Terms. If you do not agree, please discontinue use of our services immediately.

2. Definitions

• "Services" means all IT infrastructure, cybersecurity, software development, compliance advisory, managed services, SaaS platforms, and consulting services offered by ASI Technologies.
• "Deliverables" means all work products, code, documentation, designs, and reports produced during a service engagement.
• "Engagement" means a formal service agreement initiated through our booking system, a signed proposal, or a written service order.
• "Platform" means the ASI Technologies website, APIs, admin dashboards, and any client-facing digital tools.

3. Service Engagements

All service scopes, timelines, and deliverables will be documented in a formal proposal or statement of work ("SOW") provided after the initial consultation. No work will commence until both parties have agreed to the scope in writing (email confirmation is sufficient).

ASI Technologies reserves the right to decline any engagement at our sole discretion.

4. Bookings & Consultations

• Bookings made through our online system are requests for engagement and are confirmed only after acknowledgement by an ASI Technologies engineer.
• Free consultations (Discovery Calls) carry no financial obligation.
• Paid consultations and service engagements require payment before or at the time of booking, as indicated during the checkout process.
• Cancellations must be made at least 24 hours before the scheduled session. Late cancellations may forfeit the booking fee.

5. Pricing & Payments

• All prices are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable.
• Prices displayed on the website are indicative starting prices. Final pricing is confirmed in the formal proposal or SOW.
• Payments are processed through PCI-DSS compliant gateways (Ozow, PayFast, Stripe). We do not store your credit card or banking details.
• For project-based work, payment is typically structured as: 50% deposit upon acceptance, 50% upon delivery — unless otherwise agreed in writing.
• Recurring managed services are billed monthly in advance.

6. Refund Policy

• Consultations: Fees for completed consultations are non-refundable.
• Project Work: Deposits are non-refundable once work has commenced. If ASI Technologies fails to deliver the agreed scope, a pro-rata refund will be issued for undelivered work.
• Managed Services: Monthly fees are non-refundable for the current billing period. Cancellation takes effect at the end of the current billing cycle with 30 days written notice.

7. Intellectual Property

7.1 Client IP

All pre-existing intellectual property provided by the Client remains the property of the Client.

7.2 Deliverables

Upon full payment, intellectual property rights in custom Deliverables (code, designs, documentation) are assigned to the Client, unless otherwise specified in the SOW. This excludes:

• ASI Technologies Frameworks & Tools: Proprietary libraries, frameworks, and internal tools used in delivery remain the intellectual property of ASI Technologies. The Client receives a perpetual, non-exclusive licence to use these components within the delivered solution.
• Third-Party Components: Open-source and third-party libraries are governed by their respective licences.

7.3 Portfolio Rights

Unless the Client objects in writing, ASI Technologies reserves the right to reference the engagement (company name, project description, and non-confidential screenshots) in our portfolio and marketing materials.

8. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary, technical, and business information shared during the engagement. This obligation survives the termination of the engagement for a period of 2 years.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Data Protection

All personal data collected and processed through our services is handled in accordance with our Privacy Policy and the Protection of Personal Information Act (POPIA). By using our services, you consent to the processing of your personal information as described in our Privacy Policy.

10. Service Level Agreement

For managed services and hosted platforms, performance standards are governed by our Service Level Agreement (SLA). The SLA defines response times, uptime guarantees, escalation procedures, and service credit provisions.

11. Limitation of Liability

To the maximum extent permitted by South African law:

• ASI Technologies provides services on an "as-is" basis for consulting and advisory engagements.
• We are not liable for indirect, consequential, incidental, or punitive damages arising from the use of our services, including loss of profits, data loss, or business interruption.
• Our total liability for any claim shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim.
• This limitation does not apply to liability arising from gross negligence, wilful misconduct, or fraud.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless ASI Technologies, its directors, employees, and contractors from any claims, damages, or expenses arising from:

• The Client's breach of these Terms.
• The Client's misuse of delivered services or Deliverables.
• Any third-party claims resulting from the Client's use of our services.

13. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond their reasonable control, including but not limited to: natural disasters, load shedding (as per Eskom schedules), acts of government, pandemics, war, civil unrest, ISP outages, or cyber attacks on third-party infrastructure.

14. Termination

• Either party may terminate an ongoing engagement with 30 days written notice.
• ASI Technologies may terminate immediately if the Client breaches these Terms, our Acceptable Use Policy, or engages in conduct that poses a security or legal risk.
• Upon termination, the Client must settle all outstanding invoices. Data handover and off-boarding procedures are outlined in our SLA.

15. Dispute Resolution

In the event of a dispute arising under these Terms:

1. Good Faith Negotiation: The parties will first attempt to resolve the matter through direct discussion.
2. Mediation: If negotiation fails, the parties agree to submit to mediation administered by a mutually agreed mediator.
3. Jurisdiction: If mediation fails, the dispute shall be referred to the Magistrate's Court of Pretoria, Gauteng, South Africa.

16. Amendments

ASI Technologies reserves the right to update these Terms at any time. Material changes will be communicated to active clients via email. The latest version will always be available on this page with the revised effective date.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, SLA, Acceptable Use Policy, and any signed SOW or proposal, constitute the entire agreement between the parties. No oral representations or prior correspondence shall modify these Terms unless agreed in writing.

19. Contact