Terms of Service

Terms of Service

Last updated: [07 November 2025]

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by ISO Cloud Consulting (“Consultant”, “we”, “us”, or “our”). By using our site or purchasing services, you agree to these Terms.

Contents

  1. Definitions
  2. Services & Deliverables
  3. Fees, Taxes & Payment
  4. Client Responsibilities
  5. Confidentiality
  6. Intellectual Property
  7. Warranties & Disclaimers
  8. Limitation of Liability
  9. Term, Suspension & Termination
  10. Governing Law, Jurisdiction & Disputes
  11. Changes to these Terms
  12. Contact

1) Definitions

Client or “you”: the natural or juristic person purchasing or using the Services. Services: our consulting, implementation, training, audits, submissions support, and related offerings. Materials: documents, templates, frameworks, content, software configurations, and other outputs created or provided by us.

2) Services & Deliverables

Scope, timelines, and deliverables are outlined on our website, order form, or a Statement of Work (“SOW”). We will perform the Services with reasonable skill and care, and may use qualified subcontractors where appropriate. Deliverables may include digital templates, QMS architectures (Microsoft 365 / Google Workspace), guidance notes, and regulatory documentation support.

Regulatory outcome note: We provide professional guidance but do not guarantee the granting of certifications, approvals, or specific regulator outcomes.

3) Fees, Taxes & Payment

  • Fees are exclusive of VAT / sales taxes and any bank or card charges.
  • Unless stated otherwise in the SOW, payment terms are 50% on acceptance and 50% on delivery (subscriptions are billed in advance per term).
  • Late amounts may accrue interest at 2% per month or the maximum permitted by applicable law, whichever is lower.
  • We may suspend Services for non-payment after reasonable written notice.

4) Client Responsibilities

  • Provide timely access to personnel, systems, and information necessary for delivery.
  • Designate a project owner for decisions and approvals.
  • Ensure any data shared with us is accurate and lawfully obtained.
  • Maintain your own regulatory strategy, risk acceptance decisions, and device-specific validations unless expressly included in scope.

5) Confidentiality

Each party will keep the other’s confidential information strictly confidential and use it only for the project purpose, protecting it with at least the same care used for its own confidential information. This clause does not apply to information that is public, independently developed, or lawfully obtained from a third party. If disclosure is required by law, the receiving party will (where lawful) give prompt notice.

6) Intellectual Property

We retain all right, title, and interest in and to the Materials and our methodologies. Upon full payment of applicable fees, you receive a non-exclusive, non-transferable internal-use license to use the Materials solely within your organisation for your devices and quality system. Distribution, resale, or use to build competing template products is prohibited. See our License Agreement for details.

7) Warranties & Disclaimers

  • We warrant that we will perform the Services with reasonable skill and care.
  • Except as expressly stated, the Services and Materials are provided “as is”. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not provide legal advice. You should obtain your own legal counsel where required.

8) Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Services or these Terms shall not exceed the fees paid by you to us in the 12 months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, loss of data, or business interruption.

9) Term, Suspension & Termination

  • These Terms apply from your first use of the site or Services and continue through your engagement.
  • Either party may terminate an SOW for material breach not cured within 14 days of written notice.
  • Upon termination, you will pay for Services rendered and expenses incurred up to the effective termination date. License rights that depend on active payment will cease as set out in the License Agreement.

10) Governing Law, Jurisdiction & Dispute Resolution

Primary (South Africa): These Terms and any SOW are governed by the laws of the Republic of South Africa. The parties consent to the exclusive jurisdiction of the High Court of South Africa, Durban, subject to the mediation/arbitration provisions below.

Secondary (United States): For U.S. Clients, the parties may elect governance by the laws of the State of New York, with exclusive jurisdiction in the courts of New York County, New York, subject to the mediation/arbitration provisions below.

Disputes: The parties will first seek informal resolution. If unresolved after 30 days, disputes may be referred to mediation and, failing settlement, to binding arbitration under AFSA rules (South Africa) or AAA rules (New York). Proceedings will be conducted in English.

11) Changes to these Terms

We may update these Terms from time to time. The revised version will be posted with an updated date. Continued use of the site or Services after changes become effective constitutes acceptance.

12) Contact

ISO Cloud Consulting
Legal enquiries: legal@iso-cloud-consulting.com
Registered address (SA): [Insert SA address]
U.S. correspondence (NY): [Insert NY address]