Terms of Service

Last Updated: May 1, 2025

Introduction

Welcome to RANDPOWERSTATE ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website and services (collectively, the "Services"). By engaging with our Services, you agree to be bound by these Terms.

These Terms comply with the laws of South Africa, including the Consumer Protection Act (CPA) and the Electronic Communications and Transactions Act (ECTA).

Services Description

RANDPOWERSTATE provides professional AI and cybersecurity solutions including:

  • Custom AI web integrations and automation tools
  • Cybersecurity assessments and protection services
  • IT consulting and strategic planning
  • Custom web development solutions

All services are provided on a project basis with custom quotations. We do not offer subscription services or automated billing.

Engagement Process

Project Initiation

All projects begin with a consultation and written proposal outlining:

  • Scope of work
  • Project timeline
  • Payment terms and schedule
  • Deliverables

Acceptance

Work will commence only after:

  • Written acceptance of the proposal
  • Payment of any required deposit (typically 50% of project fee)
  • Completion of any necessary paperwork

Fees and Payment

All services are charged on a project basis. Payment terms will be specified in each project proposal and typically include:

  • 50% deposit before work begins
  • 50% upon completion before final delivery
  • All prices are quoted in South African Rand (ZAR) and exclude VAT

Late payments will incur interest at the maximum rate allowed under South African law (currently 9% per annum above the repo rate).

Intellectual Property

All content, code, and materials we create remain our property until full payment is received. Upon final payment:

  • Clients receive full rights to commissioned work
  • We retain the right to display the work in our portfolio
  • Any pre-existing materials we use remain our property

All website content and design elements are © RANDPOWERSTATE and protected under South African copyright law.

Privacy and Data Protection

We comply with the Protection of Personal Information Act (POPIA) of South Africa. Our Privacy Policy details how we collect, use, and protect client information.

As we don't offer user accounts, all personal data is collected only for project communication and service delivery purposes.

Limitation of Liability

To the fullest extent permitted by South African law:

  • Our total liability for any claim is limited to the project fee paid
  • We're not liable for indirect, consequential, or incidental damages
  • We're not responsible for third-party services or platforms

This limitation applies except where prohibited by the CPA.

Client Responsibilities

Clients agree to:

  • Provide accurate information and materials in a timely manner
  • Make necessary decisions to keep the project on schedule
  • Adhere to payment terms
  • Ensure any content provided doesn't infringe on third-party rights

Termination

Either party may terminate a project with written notice:

  • For completed work, client must pay for all services rendered
  • For terminated projects, client pays for work completed plus any non-cancelable expenses
  • We reserve the right to suspend work for non-payment

Dispute Resolution

In accordance with South African law:

  • Parties will attempt good-faith negotiations to resolve disputes
  • If unresolved, disputes may be referred to mediation
  • Any legal proceedings will be conducted in Kimberley, South Africa

Clients may approach the National Consumer Commission for CPA-related complaints.

General Provisions

Force Majeure

We're not liable for delays or failures caused by events beyond our reasonable control (e.g., load shedding, internet outages, natural disasters).

Entire Agreement

The project proposal and these Terms constitute the entire agreement between parties.

Amendments

We may update these Terms periodically. Continued engagement after changes constitutes acceptance.

Contact Information

For any questions about these Terms, please contact:

RANDPOWERSTATE (PTY) LTD
Kimberley, South Africa
Email: legal@randpowerstate.co.za

Office hours: Monday-Friday, 9:00-17:00 SAST