Terms & Conditions

Our commitment to transparency, data protection, and fair practice. Please read these terms carefully before engaging our services.

1. Introduction

These Terms and Conditions ("Terms") govern the use of CWV Technologies (Pty) Ltd's ("CWV Technologies", "we", "us", or "our") website, products, services, and all related offerings. By accessing our website, engaging our services, or entering into a service agreement with us, you ("Client", "you", or "your") agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of our services immediately.

These Terms constitute a legally binding agreement between you and CWV Technologies (Pty) Ltd, a company registered in the Republic of South Africa with registration number 2016/123456/07. Our registered office is located at 15 Cyber Street, Bryanston, Johannesburg, 2191.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Services" means any backup, disaster recovery, cybersecurity, consulting, managed security, or related services provided by CWV Technologies.
  • "Products" means any software, hardware, licenses, or digital tools provided by CWV Technologies, including but not limited to Acronis, Bitdefender, Sophos, and Arcserve solutions.
  • "Client Data" means all data, information, and material provided by you or processed on your behalf in connection with our Services.
  • "POPIA" means the Protection of Personal Information Act 4 of 2013, as amended from time to time.
  • "Service Agreement" means the specific agreement executed between you and CWV Technologies detailing the Services to be provided.
  • "Incident" means any security breach, data loss event, service outage, or other adverse event affecting your systems or data.

3. Services & Scope

CWV Technologies provides a comprehensive range of information technology services, including but not limited to:

  • Enterprise backup and disaster recovery solutions
  • Cybersecurity assessment, implementation, and management
  • Endpoint detection and response (EDR) services
  • Managed security services and Security Operations Centre (SOC) monitoring
  • Network security and firewall management
  • POPIA compliance consulting and implementation
  • Security awareness training for staff
  • Incident response and forensics
  • Cloud security and migration services
  • Vulnerability assessment and penetration testing

The specific scope, deliverables, timelines, and service levels for any engagement will be documented in a separate Service Agreement or Statement of Work (SOW). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

All services are delivered with professional care and in accordance with industry best practices.

4. Data Protection & POPIA

CWV Technologies is committed to protecting personal data and maintaining compliance with POPIA and all applicable data protection legislation. We process personal data in accordance with the following principles:

4.1 Role and Responsibility

We act as a responsible party in respect of personal data we collect directly from you (e.g., contact details, billing information). We may also act as an operator when processing personal data on your behalf as part of our Services. In such cases, we will only process data in accordance with your documented instructions.

4.2 Data Processing Principles

  • Lawfulness: We process personal data lawfully, fairly, and in a transparent manner.
  • Purpose Limitation: We collect data only for specified, explicit, and legitimate purposes.
  • Data Minimisation: We collect only the data necessary to deliver our Services.
  • Accuracy: We take reasonable steps to ensure personal data is accurate and up to date.
  • Storage Limitation: We retain data only for as long as necessary for the purposes for which it was collected, or as required by law.
  • Integrity and Confidentiality: All data is stored securely with encryption (AES-256 at rest, TLS 1.3 in transit) and strict access controls.

4.3 Data Subject Rights

You have the right to:

  • Access the personal data we hold about you
  • Request correction of inaccurate or incomplete data
  • Request deletion of your personal data (subject to legal retention requirements)
  • Object to or restrict processing of your data
  • Lodge a complaint with the Information Regulator of South Africa

To exercise any of these rights, please contact us at info@cwv-tech.co.za.

4.4 Data Breaches

In the event of a personal data breach, we will notify the Information Regulator and affected data subjects in accordance with POPIA timelines (as soon as reasonably possible, and within the timeframes prescribed by law). We maintain a comprehensive incident response plan for this purpose.

5. Client Obligations

To enable us to deliver Services effectively, you agree to:

  • Provide accurate, complete, and timely information as reasonably required
  • Cooperate with our team during implementation, testing, and support activities
  • Ensure you have the necessary rights and permissions for us to process any Client Data
  • Inform us promptly of any changes to your systems, network, or requirements that may affect service delivery
  • Maintain adequate backup procedures for data not explicitly covered by our Services
  • Ensure your staff comply with security policies and procedures we implement
  • Not use our Services for any unlawful purpose or in violation of any applicable law

6. Fees & Payment

Our fees are detailed in the applicable Service Agreement or quotation. Unless otherwise specified:

  • All fees are quoted in South African Rand (ZAR) and exclude VAT
  • Monthly recurring fees are payable in advance by the 1st of each month
  • Professional services and project fees are invoiced according to agreed milestones
  • Late payments may incur interest at 2% per month on the outstanding balance
  • We reserve the right to suspend Services for accounts overdue by more than 30 days, subject to 7 days' written notice
  • Annual price adjustments may be applied in line with CPI or vendor price increases, with 60 days' advance notice

7. Service Level Agreement

We are committed to delivering high-quality services. Our standard SLAs include:

  • System Availability: 99.9% uptime for managed backup and monitoring services (measured monthly)
  • Critical Incident Response: Initial response within 15 minutes for P1 (critical) incidents
  • Standard Incident Response: Initial response within 4 business hours for P2 (standard) incidents
  • Backup Verification: Daily automated backup verification with weekly reporting
  • Patch Management: Critical security patches applied within 48 hours of vendor release

Specific SLAs may vary based on your service tier and will be documented in your Service Agreement. Service credits may apply for SLA breaches as detailed therein.

8. Liability & Warranties

We strive for excellence in everything we do. However, it is important that both parties understand the limits of our liability:

  • While we implement industry-leading security measures, no system is entirely infallible. We do not warrant that our Services will be completely uninterrupted or error-free.
  • Our total liability for any claim arising from or related to our Services shall be limited to the total fees paid by you for the Services during the 12 months preceding the claim.
  • We shall not be liable for any indirect, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.
  • We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, labour disputes, or failure of third-party services.
  • Nothing in these Terms shall limit our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

9. Intellectual Property

All intellectual property rights in our website, products, software, documentation, methodologies, and proprietary tools remain the exclusive property of CWV Technologies or our licensors. You are granted a limited, non-exclusive, non-transferable license to use these solely for the purpose of receiving our Services.

You may not reproduce, distribute, modify, reverse-engineer, decompile, or create derivative works from any part of our offerings without our prior written consent. Third-party product names, logos, and trademarks are the property of their respective owners.

10. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary or confidential information disclosed during the course of our engagement. This obligation survives termination of our agreement for a period of 5 years (or indefinitely for trade secrets).

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law or court order.

11. Termination

Either party may terminate Services by providing written notice as specified in the Service Agreement. Standard notice periods are:

  • Monthly services: 30 days' written notice
  • Annual contracts: 90 days' written notice prior to renewal date
  • Project-based work: As specified in the SOW

Upon termination:

  • All fees incurred up to the termination date become immediately due and payable
  • We will return or securely destroy all Client Data as per your instructions
  • We will provide reasonable assistance with data migration to a new provider
  • Any provisions that by their nature should survive termination shall continue in full force

We may terminate immediately (without notice) if you materially breach these Terms and fail to remedy the breach within 14 days of written notice.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through good faith negotiation between the parties.

If negotiation fails, the dispute shall be submitted to confidential arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator's decision shall be final and binding on both parties.

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. The current version will always be available on our website with the "Last updated" date. Material changes will be notified to you at least 30 days in advance via email. Continued use of our Services after changes take effect constitutes acceptance of the updated Terms.

If you have any questions about these Terms, our Services, or your data, please contact us:

Last updated: 1 July 2026