Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between CloudPrime Connect (registration number pending), a company incorporated in the Republic of South Africa ("CloudPrime," "we," "us," or "our"), and you, whether as an individual or a business entity ("Customer," "you," or "your"). By registering for an account, subscribing to any of our services, or using our website at cloudprime.co.za, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

CloudPrime Connect provides a comprehensive suite of telecommunications and AI-powered business services. Our current service offerings include:

• AI Receptionist: An AI-powered virtual receptionist service providing 24/7 call handling, appointment scheduling, multi-language support, and CRM integration for businesses of all sizes.
• WhatsApp Gateway: A business WhatsApp integration with AI automation, instant appointment booking, payment integration, and customer engagement capabilities.
• AI Chatbots: Customisable website chatbot solutions for lead generation, customer support, e-commerce assistance, and automated customer interactions.
• CloudPBX: Enterprise-grade Voice over IP (VoIP) telephone system with extensions, call recording, IVR menus, call routing, and unified communications.
• Business Fibre: Uncapped, unthrottled fibre connectivity for businesses, with options ranging from 50Mbps to 500Mbps, including guaranteed SLAs and 99.9% uptime.
• LTE and 5G Failover: Instant wireless backup connectivity solutions ensuring business continuity during primary connection outages.

We reserve the right to modify, suspend, or discontinue any service or feature at any time, with reasonable notice to affected customers. Service availability may be subject to geographic limitations and network coverage.

3. Account Registration and Management

To access our services, you must register an account through our website or client management portal. You agree to:

• Provide accurate, current, and complete information during registration and keep your account details updated.
• Maintain the confidentiality of your account credentials and not share them with any unauthorised person.
• Notify us immediately of any unauthorised use of your account or any breach of security.
• Be responsible for all activities that occur under your account, whether authorised or not.
• Not create multiple accounts for the purpose of abusing promotions, trial periods, or service limits.

We reserve the right to suspend or terminate accounts that violate these Terms or that remain inactive for an extended period, with prior notice.

4. Service Level Agreement (SLA)

CloudPrime Connect commits to the following service levels for applicable services:

• Uptime Guarantee: 99.9% network uptime for all connectivity services (Business Fibre, LTE/5G Failover), measured on a monthly basis.
• Fault Response: Critical faults reported through our support channels will receive a response within four hours during business hours (08:00 to 17:00 SAST, Monday to Friday, excluding South African public holidays).
• Fault Resolution: We endeavour to resolve network faults within 24 hours for fibre services and 48 hours for wireless services, subject to third-party network provider cooperation.
• AI Service Availability: AI Receptionist, Chatbot, and WhatsApp Gateway services are designed for high availability but may experience brief interruptions during scheduled maintenance.
• Maintenance Windows: Scheduled maintenance will be communicated at least 48 hours in advance and will typically occur during low-traffic periods (22:00 to 05:00 SAST).

SLA credits for uptime failures will be applied as a credit to the next invoice, calculated as 5% of the monthly service fee for each percentage point of uptime below the guaranteed level, up to a maximum of 100% of the monthly fee.

5. Fees and Billing

Service fees are as advertised on our website at cloudprime.co.za/pricing or as specified in your individual service agreement. All prices are quoted in South African Rand (ZAR) and are inclusive of VAT unless otherwise stated. Payments are processed through our WHMCS client portal. By default, services are billed monthly in advance. We accept payment via EFT, credit/debit card (through PayFast), and other methods as advertised. Invoices are generated on the 1st of each month, and payment is due within 7 days of the invoice date unless otherwise agreed.

• Late Payment: Overdue accounts may be subject to a 10% late payment fee and service suspension after 14 days past due. Services suspended for non-payment may incur a reconnection fee.
• Price Changes: We may adjust pricing with 30 days written notice. Existing contracts are honoured for the contracted period.
• No Setup Fees: CloudPrime Connect does not charge setup or activation fees for standard service deployments unless explicitly stated otherwise.

6. Acceptable Use Policy

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, or impair our services. Prohibited activities include:

• Sending unsolicited bulk communications, spam, or phishing messages through our services.
• Using our AI chatbot or WhatsApp gateway to distribute harmful, offensive, discriminatory, or illegal content.
• Attempting to gain unauthorised access to our systems, networks, or other customers' accounts.
• Using the service to violate any applicable South African or international law, including the Electronic Communications Act, FICA, and POPIA.
• Reselling services without prior written authorisation from CloudPrime Connect.
• Interfering with the proper functioning of the network, including launching denial-of-service attacks or similar activities.
• Exceeding allocated bandwidth, call minutes, or usage limits unless additional capacity has been purchased.

7. Intellectual Property

All content, branding, logos, graphics, software, and other materials displayed on the CloudPrime website and used in connection with our services are the intellectual property of CloudPrime Connect or its licensors and are protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content from our website or services without our prior written consent. Our AI-generated responses are provided for your personal or internal business use only and remain subject to our terms. The CloudPrime name, logo, and all related marks are trademarks of CloudPrime Connect and may not be used without permission.

8. Limitation of Liability

To the maximum extent permitted by South African law, CloudPrime Connect shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or business interruption, arising out of or in connection with these Terms or the use or inability to use our services. Our total aggregate liability for any claim arising from these Terms shall not exceed the total fees paid by you to CloudPrime for the specific service giving rise to the claim during the twelve months preceding the claim. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under South African law.

9. Indemnification

You agree to indemnify, defend, and hold harmless CloudPrime Connect, its directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of our services, your violation of these Terms, or your violation of any rights of a third party.

10. Term and Termination

These Terms remain in effect for as long as you use our services. Either party may terminate the Agreement as follows:

• By You: You may cancel your services at any time by providing 30 days written notice through the client portal or by email to admin@cloudprime.co.za. No early termination fees apply unless a minimum contract period was agreed upon.
• By CloudPrime: We may suspend or terminate services immediately for violations of these Terms, non-payment, fraud, or abuse. We may terminate services with 30 days notice for any other reason.
• Effect of Termination: Upon termination, all outstanding fees become immediately due. Your data will be retained for 30 days before permanent deletion, during which time you may request a data export.

11. Dispute Resolution and Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall first be attempted to be resolved through good faith negotiation between the parties. If negotiation fails, the dispute shall be referred to mediation administered by a mutually agreed mediator in Johannesburg, Gauteng. If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the South African courts in Johannesburg. The Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 provide additional protections to consumers that are not waived by these Terms.

12. Contact Information