Effective Date: 01 June 2026
These Terms and Conditions of Service govern the provision and use of ICT, internet access, cloud, cybersecurity, managed services, consulting, support, infrastructure, licensing and related technology services supplied by Enovative Technologies Africa (Pty) Ltd (“Enovative”, “we”, “us” or “our”) to its customers, clients and authorised users (“Customer”, “you” or “user”).
These Terms are intended to comply with applicable South African legal and regulatory requirements and are aligned with clauses 13, 14 and 15 of the Internet Service Providers’ Association of South Africa (“ISPA”) Code of Conduct, which require applicable terms and conditions to be made available before contracting and to include all material information relevant to the relationship with the recipient of the service.
Registered Name | Enovative Technologies Africa (Pty) Ltd |
Registration Number | 2017/313274/07 |
Physical Address | 500 Botterklapper Street, Lynwood, Pretoria, 0182 |
Email Address | support@enovative.co.za |
Telephone Number | 010 880 5514 |
Website | www.enovative.co.za |
Enovative will make these Terms, together with any applicable quotation, proposal, service schedule, service level agreement, acceptable use policy, privacy notice and other contractual documents, available to Customers and potential Customers before the commencement of any contract or service agreement. By accepting a quotation, signing an agreement, issuing a purchase order, accessing the services or continuing to use the services, the Customer agrees to be bound by these Terms.
If there is a conflict between these Terms and any signed agreement, quotation, proposal, service schedule, statement of work or service level agreement, the signed agreement will take precedence, followed by the service schedule or statement of work, the accepted quotation or proposal, the acceptable use policy, these Terms and any other referenced policy, unless expressly stated otherwise in writing.
Enovative provides ICT-related services which may include, depending on the applicable contract, internet connectivity, network infrastructure, cabling, managed ICT support, cloud services, Microsoft licensing, cybersecurity solutions, backup and disaster recovery, firewall and endpoint protection, consulting, project management, system implementation, maintenance and related professional services.
Enovative will provide services with reasonable skill, care and diligence and will only offer service levels that are reasonably within its technical and practical ability. Any service levels, response times, availability commitments, support hours, exclusions, maintenance windows and escalation procedures will be set out in the applicable service level agreement, quotation, proposal or service schedule.
The Customer must provide accurate information, cooperate with Enovative, grant reasonable access to premises, systems and authorised personnel where required, maintain appropriate internal controls, ensure that its users comply with applicable policies, and use the services lawfully, responsibly and securely.
The Customer and its users must comply with Enovative’s Acceptable Use Policy and must not knowingly create, store, transmit, host, publish, distribute or make available illegal content; infringe copyright, intellectual property or other rights; send or promote spam; introduce malware; attack, scan, disrupt or interfere with networks or systems; or use the services for unlawful, fraudulent, abusive, harmful or unauthorised purposes.
Fees, once-off charges, recurring charges, professional service fees, licence costs, usage charges, third-party charges, taxes, payment terms and billing cycles will be set out in the applicable quotation, proposal, invoice or contract. Unless otherwise agreed in writing, invoices are payable within the period stated on the invoice. Enovative may suspend or restrict services for overdue amounts after providing reasonable notice, except where immediate action is required to protect service integrity, security or legal compliance.
The Customer remains responsible for its own equipment, applications, data, internal networks, premises access, power, environmental conditions, user behaviour and any third-party services or suppliers not directly controlled by Enovative. Enovative is not responsible for service failures caused by customer-controlled environments, third-party platforms, upstream providers, force majeure events or factors outside Enovative’s reasonable control.
Enovative respects the privacy and confidentiality of Customers and users. Enovative will process personal information only as permitted by law, as required to provide the services, as agreed with the Customer, or where required by lawful authority. Enovative will not sell customer personal information and will implement reasonable technical and organisational safeguards appropriate to the nature of the services provided.
Enovative may take reasonable steps to protect its services, networks, Customers and users against abuse, malware, unauthorised access, spam, denial-of-service activity, compromised systems, unlawful content or activity and other security threats. These steps may include investigation, filtering, rate limiting, blocking, suspension, takedown assistance, notification to the Customer, cooperation with lawful authorities and referral to relevant complaint-handling processes.
All pre-existing intellectual property remains the property of the party that owned it before the commencement of the services. Unless otherwise agreed in writing, Enovative retains ownership of its methodologies, tools, templates, documentation, designs, scripts, configurations, know-how and other intellectual property developed independently of the Customer. The Customer must not use the services in a manner that infringes the intellectual property rights of Enovative or any third party.
Customers may submit service complaints, billing queries, abuse reports or policy-related concerns to Enovative at support@enovative.co.za. Enovative will acknowledge and investigate complaints within a reasonable period and will act fairly, reasonably, professionally and in good faith. Where applicable, Customers may also use relevant industry, regulatory or legal complaint-handling procedures.
Enovative may suspend, restrict or terminate services where the Customer materially breaches these Terms, fails to pay undisputed amounts when due, violates the Acceptable Use Policy, compromises security, engages in unlawful activity, causes service disruption, breaches applicable laws or contractual obligations, or where suspension is required by law, court order, regulator, upstream provider or other lawful authority. Where reasonably possible, Enovative will provide notice before suspension or termination, except where immediate action is necessary.
To the maximum extent permitted by law, Enovative will not be liable for indirect, special, incidental or consequential losses, including loss of profits, revenue, goodwill, data, business opportunity or anticipated savings. Enovative’s total liability arising from or relating to the services will be limited to the amounts paid by the Customer for the affected services during the period specified in the applicable agreement, unless a different limitation is agreed in writing or liability cannot legally be limited.
Enovative may amend these Terms from time to time to reflect changes in law, regulatory requirements, technology, service offerings, security requirements, supplier terms or operational practices. Updated Terms will be made available through appropriate channels. Where changes materially affect existing Customers, Enovative will provide reasonable notice unless the change is required urgently for legal, regulatory, security or operational reasons.
These Terms are governed by the laws of the Republic of South Africa. The Customer consents to the jurisdiction of the competent South African courts, subject to any dispute resolution process agreed in writing between the parties.
ISPA Requirement | How These Terms Address the Requirement |
Clause 13: Terms and conditions must be made available to customers and potential customers prior to the commencement of any contract. | Section 2 confirms that these Terms and other applicable contractual documents will be made available before contracting or service commencement. |
Clause 14: Terms and conditions must include all information and terms relevant to the relationship with the recipient of the service. | These Terms include company information, service descriptions, customer obligations, acceptable use, fees, privacy, complaints, suspension, termination, liability, governing law and change management. |
Clause 15: Terms and conditions must be drafted in plain and understandable language and must not be unfair, unreasonable or unjust. | These Terms are structured in clear sections, use plain business language, require reasonable notice where practical, and commit Enovative to fair, reasonable, professional and good-faith conduct. |
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