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TERMS OF SERVICE

Effective Date: 09 April 2026

1. Definitions and Interpretation

In this Agreement, the words hereunder will have the meanings assigned to them below:

The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender include the other gender, the singular includes the plural and vice versa, and natural persons include juristic entities and vice versa.

2. Effective Date and Duration

2.1 The Agreement shall commence upon the Effective Date of the first Service(s) to be provided, or the date upon which the signatory of this agreement takes delivery of Hardware, Software and/or related Services, and shall endure throughout the duration period of the Service(s) provided. Should the Effective Date occur after the date of signature of the Agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind the Agreement before the effective date.

2.2 If at any time during the duration of the Agreement, the Subscriber upgrades / downgrades or amends the Service(s), then the Effective Date in respect of the Service(s) as upgraded / downgraded or amended, shall be the date when the upgraded / downgraded or amended Service(s) first commences. Such changes will be detailed in an Addendum / Annexure to the original agreement and will be subject to all the Terms and Conditions as set out in this (the original) agreement and duly agreed to.

2.3 The duration period of each of the Service(s) shall be as specified in the relevant Subscription Form attached hereto.

2.4 Effective at the end of the Initial Period, either party hereto shall be entitled to terminate this Agreement by way of one full calendar month prior written notice of termination. Failing such notice of termination, the duration of the Service(s) shall thereafter automatically renew for successive periods on the same terms and conditions set out in the Agreement and Subscription Form.

2.5 Should the Subscriber cancel a service at any time during the Initial Period, or due to the Subscriber’s failure to comply with the terms of this Agreement, the Subscriber shall pay The Company the settlement fee as calculated by multiplying the total Subscriber’s fees amount by the number of remaining months, including any other amounts due as per the Subscription Form. This provision survives termination of the Agreement.

2.6 These service cancellations will only be accepted once a signed cancellation letter has been emailed to The Company from the legal representative of the Subscriber. All services must be cancelled before the 23rd of the month.

2.7 By accepting these Terms of Service, the Subscriber agrees to the Privacy Policy, Acceptable Use Policy (AUP) and all other policies found on our website. The website URL is www.bchangeonline.com.

3. Charges and Payment

3.1 All Service(s) provided are to be billed as of the Effective Date in respect of each Service(s). In the event of a single Service(s) consisting of a number of components, billing will commence for each respective component of that Service(s) as and when each component of that Service(s) goes live.

3.2 The Subscriber is responsible for and agrees to pay to The Company all fees for the Service(s) specified in the Subscription Form in United States Currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason. Unless otherwise specified or arranged, consultation fees will be subject to the standard callout and travel fees of The Company.

3.3 The Client/Subscriber will sign any and all quotations before orders are placed.

3.4 All The Company quotations are valid for 7 (seven) days and may be withdrawn or amended without penalty.

3.5 Hardware quotations are based on the current rate of exchange and are subject to the Rand / US$ exchange rates to be sourced from third parties.

3.6 Tasks not explicitly included or allowed for will attract standard support charges as determined by The Company.

All prices specified in the Subscription Form exclude:

Invoicing will be processed and delivered in advance, and all invoices for Services shall be settled by the 7th of the month. The Company’s monthly statement of charges shall be prima facie proof of the amounts owed by the Subscriber to The Company. In the event of any dispute arising as to the amount or calculation of any fee or charge to which The Company is entitled, the dispute shall be referred for determination to The Company’s auditors. They shall act as experts and their decision shall be final and binding on The Company and the Subscriber. The cost of the determination shall be paid on demand by the party against whom the determination is made, or as determined by the said auditors.

3.8 Any amount falling due for payment by the Subscriber to The Company in terms of or pursuant to this Agreement which is not paid on its due date shall bear interest calculated from the due date for payment thereof until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%) from time to time, monthly in arrears.

3.9 The Subscriber agrees that payment shall only have been made to The Company when the monies remitted by the Subscriber have been received into The Company’s bank account. Should any debit order be returned unpaid or stopped for whatever reason or should The Company exercise its right to suspend the provision of the Services due to late or non-payment of any monies due in terms thereof by the Subscriber, then the Subscriber shall pay an administration charge of R150 for each such non-payment, suspension or any other breach of this Agreement. Such amounts shall be liable upon demand by The Company. Defaulters’ details will be listed on ITC Transunion.

3.10 In the case of default payment, the Subscriber agrees and acknowledges that a certificate given under the hand of a financial manager or controller of The Company whose status need not be proved shall entitle The Company to apply for judgement against the Subscriber and to obtain summary judgment or provisional sentence, as the case may be.

3.11 The signatory hereby binds himself / herself in his / her capacity as surety and co-principal debtor in solidum with the Subscriber for performance of all obligations of the Subscriber hereby waiving the legal exception of exclusion and division.

3.12 The Company shall be entitled from time to time on 30 (thirty) days prior written notice thereof to the Subscriber to increase the monthly fees referred to in the Subscription Form. All agreements escalate with Pricing increase annually – in July.

3.13 Invoices will be processed and emailed to the Subscriber’s designated administrative contact indicated in the Subscription Form to which this document is attached, unless the Subscriber gives its written request for delivery of invoices by means other than email, or that the email details of the administrative contact have been changed.

4. Subscriber’s Obligations

4.1 The Subscriber shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by the Subscriber passes. In particular, the Subscriber shall at all times comply with The Company’s Acceptable Use Policy available at www.bchangeonline.com.

4.2 The Subscriber shall not commit nor attempt to commit any act or omission which directly or indirectly:

In such an event, should The Company incur expenses to remedy the situation, The Company reserves the right to charge the Subscriber the amount necessary to cover The Company’s additional expenditure. Notwithstanding the above, The Company reserves the right to take any other appropriate action it may deem necessary to remedy the situation, including immediate suspension or termination of Services without liability.

4.3 The Subscriber is prohibited from selling, reselling or otherwise dealing with the Service(s) in any manner whatsoever. Without limitation to the aforementioned, any consideration which the Subscriber may receive whilst acting in breach of this prohibition shall be forfeited to The Company.

4.4 The Subscriber is prohibited from allowing any person other than its employees or other authorised parties, access to the Service(s) through any of the Subscriber’s equipment, personnel and/or address.

4.5 The Subscriber is prohibited from modifying any equipment (including but not limited to router equipment) utilised by the Subscriber to receive any of the Service(s), in any way whatsoever, including the changing of any of the settings of such equipment.

4.6 The Subscriber shall at all times adhere to and ensure compliance with the Subscription Form.

4.7 Under no circumstances may the Subscriber resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against The Company, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation) if The Company interrupts the Service(s) to the Subscriber as it would be entitled to do if the Subscriber is in default of any of its obligations under this Agreement to The Company.

4.8 The Subscriber may not at any time use the Service(s) in contravention of any South African law. In particular, the Subscriber undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service(s) and/or its use. The Subscriber acknowledges that The Company has no obligation to assist the Subscriber in this regard.

5. Warranties

5.1 Save as expressly set out in this Agreement, The Company does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service(s) and all warranties which are implied or residual at common law are hereby expressly excluded to the fullest extent permitted by law. The Services are provided on an “as is” and “as available” basis.

5.2 Without limitation to the generality of 5.1 above, The Company does not warrant or guarantee that the information transmitted by or available to the Subscriber by way of the Service(s):

The Company assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause 5.

6. Exclusion of Liability

6.1 Except as otherwise expressly provided herein to the contrary and to the maximum extent permitted by law, The Company shall not be liable to the Subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against The Company or against the Subscriber by any party, arising directly or indirectly out of the Service(s), their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.

6.2 Subject to clause 6.1 above, the entire liability of The Company and the Subscriber’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by the Subscriber under this Agreement for the period of 3 (three) months preceding the Subscriber’s written notice to The Company in respect of such claim.

6.3 The Subscriber hereby indemnifies The Company against and holds The Company harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service(s). This indemnity survives termination of the Agreement.

Important Service Notes (applicable to all agreements and services):
• All agreements must contain a Calendar month notice on cancellation.
• All agreements escalate with Pricing increase annually – in July.
• Software licensing and Domain renewals are non-refundable products.

7. Governing Law

This Agreement is governed by the laws of the Republic of South Africa. The parties irrevocably submit to the exclusive jurisdiction of the courts of Gauteng, South Africa.

8. Contact Us

Legal / Information Officer Queries: The Company Management
Email: Click to reveal
Address: Click to reveal
Telephone: Click to reveal

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This Terms of Service complies fully with the Electronic Communications and Transactions Act, Cybercrimes Act, Protection of Personal Information Act and all other applicable South African legislation.