Terms of Service

1. Supplier information (ECTA section 44)

2. Use of this website

You may browse this website and submit enquiries for legitimate purposes only. You may not:

• attempt to gain unauthorised access to the website, its servers or related systems;
• interfere with the operation, security or availability of the website;
• submit false, misleading or unlawful information;
• copy, scrape or reuse the website content, design, logos or images for commercial purposes without our written permission.

3. Enquiries, quotations and contracts

Submitting the contact form or any other enquiry does not create a contract. A contract for services is concluded only when we confirm acceptance in writing (including by email) or when both parties sign a quotation or service agreement. The signed agreement, quotation and any service schedule set out the scope, pricing, timelines and support for the engagement. If they conflict with these terms, the signed agreement prevails.

Quotations are valid for 14 days unless stated otherwise, are based on the information you provide, and may be adjusted if the scope changes. All prices are in South African Rand.

4. Service delivery

We will perform services with reasonable skill and care and in accordance with the agreed scope. Timeframes are estimates unless expressly guaranteed in a signed agreement. You must provide accurate information, timely access to systems and people, and lawful authority for any action we take on your behalf (for example, authorisation for VoIP number porting).

Where a service depends on a third party (such as a network operator, hosting provider or payment processor), we are not responsible for that third party’s acts or omissions, but we will use reasonable efforts to escalate and resolve issues.

5. Payment

Fees, billing cycles and payment terms are set out in your quotation or service agreement. Undisputed invoices are payable by the stated due date. If an invoice remains unpaid after a written reminder, we may suspend the service after giving you a reasonable opportunity to pay. We may charge interest on overdue amounts at the rate permitted by law. You remain liable for amounts due up to the date of suspension or cancellation.

6. Consumer cooling-off and refunds

If you are a consumer and the CPA or ECTA applies:

• ECTA section 44: you may cancel an electronic transaction without reason and without penalty within seven days after the date you received the goods, or within seven days after the date the agreement for services was concluded. The only charge we may levy is the direct cost of returning goods. If you have already paid, we will refund you within 30 days of cancellation.
• CPA section 20: where the Act applies, you may return goods within 10 business days after delivery in the circumstances set out in section 20, and we will refund the price paid, less any amount the law allows us to charge.
• CPA section 56: goods supplied to a consumer carry the implied warranty of quality for six months after delivery. If the goods fail to satisfy the required standards, you may choose a repair, a replacement or a refund, subject to the Act.

To exercise a cooling-off or return right, email info@blackbartechnologies.co.za with your name, the service or order, and the date. We may ask for proof of purchase. Nothing in this section limits any other right you have at law.

7. Cancellation of recurring services

Where you subscribe to a recurring service, the subscription continues for the period stated in your agreement and renews as stated there. If the CPA applies to a fixed-term consumer agreement:

• you may cancel at any time by giving us 20 business days’ written notice;
• you remain liable for amounts owed up to the date of cancellation;
• we may charge a reasonable cancellation penalty for goods supplied, services provided or discounts granted in anticipation of the full term;
• we must notify you of the impending expiry date and any material changes within the period required by section 14 of the CPA.

If you cancel a service that has already been performed or partly performed, we may charge for the work done and for non-cancellable third-party costs, subject to the CPA.

8. Electronic transactions (ECTA)

Communications sent through this website are electronic transactions. An automated confirmation of receipt is not an acceptance of an offer. Agreements are concluded only when we confirm acceptance in writing or when both parties sign the agreement. Data messages have legal effect as provided in ECTA. You may withdraw from an electronic transaction as set out in section 6 above.

9. Intellectual property

Content on this website (text, design, logos, images, software and documentation) belongs to Black Bar Technologies or its licensors and may not be copied or reused for commercial purposes without written permission. Where we develop custom software for you, ownership of the deliverables transfers to you only on full payment and as stated in the applicable agreement; third-party components remain subject to their own licences.

10. Confidentiality

Each party must protect the other party’s confidential information with reasonable care, use it only for the engagement, and not disclose it to third parties except to personnel, advisers or subcontractors who need to know it and are bound by confidentiality, or where disclosure is required by law. This obligation survives termination.

11. Data protection

We process personal information in accordance with our Privacy Policy and POPIA. Where we process personal information on your behalf as an operator, we do so only on your documented instructions and under the terms of the applicable service agreement or data processing agreement. You are responsible for ensuring that you have a lawful basis for the personal information you provide to us.

12. Limitation of liability

To the extent permitted by law, Black Bar Technologies is not liable for indirect or consequential losses (including loss of profit, revenue, goodwill or data) arising from the use of this website or the services. Our total liability under an engagement is limited to the fees paid for the specific service giving rise to the claim in the 12 months before the event, or the amount recoverable under our professional indemnity insurance, whichever is greater.

Nothing in these terms excludes or limits liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• product liability under section 61 of the CPA;
• any other liability that cannot lawfully be excluded or limited.

13. Third-party products

This website may reference or link to third-party products and services (such as Invoice Africa, VoIP providers or cloud providers). Those products are governed by their own terms, and we are not responsible for third-party content, availability or acts. Where we resell or integrate a third-party product, the third party’s terms apply in addition to ours.

14. Force majeure

Neither party is in breach for a failure or delay caused by an event beyond its reasonable control, including power failures, network or internet outages, natural disasters, civil unrest, labour action or government action. The affected party must notify the other and resume performance as soon as reasonably possible. If the event continues for more than 60 days, either party may cancel the affected services on written notice.

15. Suspension and termination

We may suspend or terminate a service if you materially breach these terms or the service agreement, fail to pay after notice, use the service unlawfully, or if we are required to do so by law. Where practicable, we will give you notice and an opportunity to remedy the breach. On termination, you must pay for services performed up to the termination date, and we will return or delete your data as agreed and as required by law.

16. Dispute resolution and governing law

These terms are governed by the laws of the Republic of South Africa. Before litigating, the parties must try in good faith to resolve a dispute by discussion and, if appropriate, mediation. If the dispute is not resolved within 30 days, either party may approach the courts of South Africa. If you are a consumer, you may also use the dispute-resolution mechanisms available under the CPA, including the National Consumer Commission or an accredited ombud, and you may lodge a complaint with the Information Regulator for privacy matters.

17. Notices

Formal notices to us must be sent to info@blackbartechnologies.co.za and, where the agreement specifies, to our physical address. Notices to you will be sent to the email address you provided. A data message is received when it enters the recipient’s information system and is capable of being retrieved.

18. General

These terms, together with the applicable quotation or service agreement and our Privacy Policy, constitute the entire agreement between the parties. If a provision is found to be invalid or unenforceable, the remaining provisions continue in force. No failure or delay in exercising a right is a waiver of that right. You may not assign the agreement without our written consent; we may assign it to a successor in a merger or sale of substantially all of our business. The agreement is concluded in English, and the English version prevails over any translation.

19. Changes to these terms

We may update these terms from time to time. The current version is published on this page with its effective date. If a change is material, we will give you reasonable notice by email or by a notice on the website before it takes effect. Continued use of the website or services after the effective date constitutes acceptance of the updated terms, unless the law requires a different process.

20. Contact

See also our Privacy Policy, Cookie Policy and Refund & Cancellation Policy.