Please read these terms carefully before engaging Futech for any products or services.
These Terms and Conditions ("Terms") govern the relationship between Futech (Pty) Ltd ("Futech", "we", "us", "our") and any person, company, or entity ("Client", "you", "your") that engages Futech for the supply of products or services.
Acceptance occurs when any of the following take place:
These Terms apply equally to once-off engagements and ongoing managed service arrangements. No variation to these Terms shall be binding unless agreed upon in writing and signed by an authorised representative of Futech.
Futech provides a range of technology solutions including, but not limited to:
Futech operates as a reseller and systems integrator. Where products or services are sourced from third-party suppliers, the relevant supplier terms also apply as set out in Section 16.
All quotations are valid for 30 calendar days from the date of issue unless otherwise stated. Pricing is subject to change due to currency fluctuations, supplier price adjustments, or changes in scope.
All prices quoted are exclusive of VAT unless explicitly stated otherwise. VAT will be added at the prevailing rate and reflected on the invoice.
Overdue amounts bear interest at the rate of prime plus 2% per annum, calculated daily from the due date. Futech reserves the right to suspend services without notice where payment is overdue by more than 14 days. Reconnection fees may apply.
Any disputed invoice must be raised in writing within 7 Business Days of the invoice date. Undisputed portions remain payable in full by the due date. Failure to dispute within this window constitutes acceptance of the invoice.
Title in any Equipment supplied passes to the Client only upon receipt of full payment. Risk in Equipment passes to the Client upon delivery or collection, whichever occurs first.
Hardware is sold subject to the applicable manufacturer warranty. Futech will facilitate warranty claims on behalf of the Client but is not the manufacturer and carries no additional warranty obligation beyond that provided by the manufacturer. Warranty periods, terms, and exclusions are determined entirely by the respective manufacturer.
Defective products must be reported to Futech within 7 days of delivery. Products may only be returned in their original packaging with all accessories, manuals, and proof of purchase. Software, licensed products, and custom-order items are non-returnable.
Delivery timelines are estimates only and are subject to supplier and logistics partner availability. Futech will not be liable for delays caused by third-party logistics providers or supplier stock shortages.
The scope of managed IT services is defined in the relevant SLA or service schedule accepted by the Client. Any work falling outside the agreed scope will be quoted and billed separately at Futech's standard hourly rates.
Response and resolution targets are as defined in the applicable SLA. In the absence of a formal SLA, Futech will use commercially reasonable efforts to respond to support requests during Business Hours (08:00 to 17:00, Monday to Friday).
Support requests received outside Business Hours, on weekends, or on public holidays are subject to an out-of-hours premium rate unless covered under a specific SLA that includes extended support.
The Client is responsible for providing Futech with timely access to systems, premises, and accurate information necessary to deliver support. Delays arising from the Client's failure to cooperate will not affect billing or response time calculations.
Where Futech provides internet or wide area network connectivity, it does so as a reseller of services provided by licensed network operators and internet service providers. Futech is not the originating network operator and is not responsible for the underlying network infrastructure.
Any uptime commitment for connectivity services is limited to the SLA provided by the upstream network operator for that specific service. Futech will pass through carrier SLA credits where applicable but cannot guarantee uptime beyond what is warranted by the operator.
Connectivity services are subject to the Acceptable Use Policies of the relevant network operators listed in Section 16. The Client agrees to comply with all such policies. Futech may be required to suspend services in response to AUP violations by the operator.
Connectivity installation timelines are subject to network operator provisioning and, in the case of fibre services, civils and wayleave processes. Futech cannot guarantee installation dates where these are controlled by third parties.
All software supplied by Futech is subject to the end-user licence agreement ("EULA") of the respective software publisher. By accepting delivery of, installing, or using any software product, the Client agrees to the applicable EULA. Futech is not a party to the EULA between the Client and the software publisher.
The Client is solely responsible for ensuring that its use of all software is properly licensed and compliant with the relevant EULA. Futech accepts no liability for costs, penalties, or legal action arising from Client licence non-compliance.
Where software is supplied on a subscription basis (e.g. Microsoft 365, cloud-hosted software), pricing and feature sets are subject to change by the software publisher. Futech will endeavour to provide reasonable notice of material price changes.
Software licences procured through Futech are for the Client's use only and may not be transferred, resold, or sub-licensed without the prior written consent of the software publisher and Futech.
Futech warrants the installation workmanship on security systems for a period of 90 days from the date of commissioning. This warranty covers defects arising directly from installation error and does not cover damage caused by third parties, power surges, lightning, or misuse.
The Client is the responsible party for any CCTV or biometric access control system installed on their premises. The Client is solely responsible for compliance with the Protection of Personal Information Act 4 of 2013 ("POPIA") in respect of any personal information (including biometric data and surveillance footage) processed by such systems. This includes, without limitation, appropriate signage, data retention policies, and data subject access obligations.
Security systems require periodic maintenance to function correctly. Futech strongly recommends a formal maintenance contract. Futech accepts no liability for system failure arising from lack of maintenance where no maintenance agreement is in place.
The Client agrees that Futech's services, including connectivity, hosting, and cloud platforms, will not be used for any of the following:
Breach of this AUP entitles Futech to immediately suspend services without prior notice. The Client remains liable for all fees incurred up to the date of suspension.
All intellectual property developed by Futech, including but not limited to configurations, scripts, templates, documentation, and designs created in the delivery of services, remains the property of Futech unless a written assignment agreement is in place.
The Client retains ownership of all intellectual property provided to Futech for the purposes of delivering services, including logos, branding, content, and data.
Software, firmware, and all other intellectual property owned by third-party suppliers remains vested in the respective supplier. The Client receives only the licence rights granted by the applicable EULA.
Unless the Client objects in writing, Futech reserves the right to reference the Client's business name and a general description of services provided in its marketing materials and portfolio.
To the maximum extent permitted by applicable law, Futech's total aggregate liability to the Client arising out of or in connection with this Agreement (whether in contract, delict, or otherwise) shall not exceed the total fees paid by the Client to Futech in the three months immediately preceding the event giving rise to the claim.
Futech shall not be liable for any indirect, consequential, special, or incidental loss including loss of profits, loss of revenue, loss of data, loss of business, or business interruption, even if Futech has been advised of the possibility of such loss.
Futech acts as a reseller or integrator of third-party products and services. Futech is not liable for any failure, outage, defect, or breach arising from a third-party supplier's product, network, software, or service. The Client's recourse in such instances is against the relevant supplier subject to that supplier's terms.
Futech is not liable for any failure to perform obligations arising from causes beyond its reasonable control. See Section 17.
Nothing in this Agreement excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded by law, including rights under the Consumer Protection Act 68 of 2008 where applicable.
The Client indemnifies and holds Futech, its directors, employees, and agents harmless from and against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising from:
Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent. This obligation does not apply to information that:
This confidentiality obligation survives termination of the Agreement for a period of 3 years.
Futech processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and its full Privacy Policy, available at futech.co.za/privacy.
Where Futech processes personal information on behalf of the Client (as an operator), Futech will:
The Client, as the responsible party for data collected through security systems, websites, or other Futech-managed platforms, is solely responsible for its own POPIA compliance obligations.
Futech sources products and services from a range of suppliers, manufacturers, network operators, and software publishers. By engaging Futech for services that involve these third parties, the Client agrees to comply with the applicable terms, end-user licence agreements, acceptable use policies, and privacy policies of the relevant supplier.
Futech does not control third-party supplier terms and cannot be held responsible for changes to them. Clients are encouraged to review the relevant terms directly.
| Supplier | Service Category | Terms Reference |
|---|---|---|
| Telkom | Fixed-line, LTE, fibre connectivity | telkom.co.za/terms-and-conditions |
| MTN Business | Mobile data, LTE, fixed wireless | mtn.co.za/legal/terms-and-conditions |
| OpenServe | Fibre network operator (wholesale) | openserve.co.za/legal |
| Evotel | Fibre internet connectivity | evotel.co.za/legal |
| Zoom Fibre | Fibre internet connectivity | zoomfibre.co.za/terms-and-conditions |
| Supplier | Product Category | Terms Reference |
|---|---|---|
| Cisco | Enterprise networking, switches, routers | cisco.com/legal/terms-conditions |
| Ubiquiti | UniFi wireless, EdgeMax, airMAX | ui.com/legal/termsofservice |
| MikroTik | Routers, switches, wireless | mikrotik.com/downloadterms |
| Cambium Networks | Point-to-point and point-to-multipoint wireless | cambiumnetworks.com/legal |
| HPE / Aruba | Enterprise switching, wireless LAN | hpe.com/za/en/legal/terms-of-use |
| Supplier | Product Category | Terms Reference |
|---|---|---|
| Hikvision | CCTV cameras, NVRs, video analytics | hikvision.com/terms-of-service |
| Dahua | CCTV cameras, NVRs, AI cameras | dahuasecurity.com/legal |
| ZKTeco | Biometric access control, time and attendance | zkteco.eu/privacy-policy |
| Grandstream | IP intercoms, video door stations | grandstream.com/legal |
| Supplier | Product Category | Terms Reference |
|---|---|---|
| ESET | Endpoint protection, antivirus, EDR | eset.com/int/legal |
| Kaspersky | Endpoint security, threat intelligence | kaspersky.com/terms-of-service |
| Fortinet | Next-generation firewalls, FortiGate, SIEM | fortinet.com/corporate/legal |
| Veeam | Backup, disaster recovery, data protection | veeam.com/eula |
| Supplier | Product Category | Terms Reference |
|---|---|---|
| Microsoft | Microsoft 365, Azure, Windows licensing | microsoft.com/en-za/servicesagreement |
| Supplier | Product Category | Terms Reference |
|---|---|---|
| Dell Technologies | Laptops, desktops, servers, storage | dell.com/en-za/terms-of-sale |
| HPE | Servers, storage, enterprise hardware | hpe.com/za/en/legal/terms-of-use |
| Samsung | Monitors, storage, mobile devices | samsung.com/za/info/legal |
| ADATA | SSD, RAM, flash storage | adata.com/en/privacy-policy |
Futech shall not be liable for any delay or failure to perform obligations to the extent that such delay or failure is caused by circumstances beyond Futech's reasonable control, including but not limited to:
Futech will notify the Client as soon as reasonably practicable upon becoming aware of a force majeure event and will use commercially reasonable efforts to minimise the impact on service delivery.
Either party may terminate an ongoing service arrangement by giving 30 days written notice to the other party, unless a different notice period is specified in the relevant SLA or service agreement.
Futech may terminate any service agreement immediately, without notice, if:
Upon termination, all outstanding amounts become immediately due and payable. Futech will provide reasonable assistance to transition services to another provider, subject to the Client's settlement of all outstanding fees. Futech is entitled to retain any data or configurations until payment is received.
Where a fixed-term contract is terminated early by the Client, Futech reserves the right to charge an early termination fee equivalent to the remaining monthly fees for the unexpired portion of the contract term.
This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa.
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation within 14 Business Days of the dispute being raised in writing. If negotiation fails, either party may refer the matter to mediation before a mutually agreed mediator.
Should mediation fail, the parties submit to the non-exclusive jurisdiction of the Mpumalanga Division of the High Court of South Africa, or the Magistrates' Court having jurisdiction, at Futech's election.
In the event that Futech engages attorneys to collect overdue amounts, the Client shall be liable for all legal costs on an attorney-and-own-client scale.
Futech reserves the right to amend these Terms at any time. Updated Terms will be published on this website with the revised effective date. Where a material change affects ongoing services, Futech will notify affected Clients by email at least 30 days before the change takes effect. Continued use of Futech services following that notification constitutes acceptance of the revised Terms.
If you have any questions about these Terms, please contact us: