Terms of Service

Terms of Service for Cloud IP PBX South Africa (cloudippbx.co.za)

Effective Date: July 3, 2025

Welcome to Cloud IP PBX South Africa. These Terms of Service (“Terms”) govern your access to and use of the cloudippbx.co.za website (the “Website” or “Services”).

By accessing or using our Website and Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Website or Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Cloud IP PBX South Africa, a service provided by ASM Technologies (Pty) Ltd, a company registered in South Africa (“Cloud IP PBX SA,” “we,” “us,” or “our”). Your access to and use of the Website and Services is conditioned upon your acceptance of and compliance with these Terms.

2. Definitions

  • “Cloud IP PBX SA,” “we,” “us,” “our”: Refers to Cloud IP PBX South Africa, a service provided by ASM Technologies (Pty) Ltd, operating under the laws of South Africa.
  • “User,” “you,” “your”: Refers to any individual or entity accessing or using the Website or Services.
  • “Website” or “Services”: Refer collectively to cloudippbx.co.za and any related Cloud IP PBX and VoIP services provided by ASM Technologies (Pty) Ltd through this platform.
  • “Content”: Refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials displayed on or available through the Website.

3. Use of the Services

3.1 Eligibility

By using the Website and Services, you represent and warrant that you are at least 18 years of age and are legally capable of entering into binding agreements. If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

3.2 Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for your personal and business use, in accordance with these Terms.

3.3 Prohibited Conduct

You agree not to:

  • Use the Website or Services for any unlawful purpose or in any way that violates any applicable local, provincial, national, or international law or regulation, including the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (POPIA).
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm Cloud IP PBX SA or users of the Website or Services, or expose them to liability.
  • Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ASM Technologies (Pty) Ltd (as the provider of Cloud IP PBX SA), its licensors, or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except as generally permitted by the functionality of the Website.

The Cloud IP PBX SA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ASM Technologies (Pty) Ltd or its affiliates or licensors. You must not use such marks without the prior written permission of ASM Technologies (Pty) Ltd.

5. Privacy Policy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy explains how we collect, use, and protect your personal information in compliance with POPIA. Please review our Privacy Policy at [Link to your Cloud IP PBX Privacy Policy page, e.g., https://cloudippbx.co.za/privacy-policy] for more information.

6. Disclaimers

6.1 No Warranties

The Website and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Cloud IP PBX SA does not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

6.2 Accuracy of Information

While we strive to provide accurate and up-to-date information on our Website, Cloud IP PBX SA does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Cloud IP PBX SA (provided by ASM Technologies (Pty) Ltd), its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website or Services; (iii) any content obtained from the Website or Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our total liability to you for any damages arising out of or related to your use of the Website or Services shall not exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless Cloud IP PBX SA (provided by ASM Technologies (Pty) Ltd), its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, any use of the Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be instituted exclusively in the High Court of South Africa, Gauteng Division, Pretoria, or other competent South African court. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and Services.

11. Contact Information

If you have any questions about these Terms, please contact us:

Cloud IP PBX South Africa (provided by ASM Technologies (Pty) Ltd)

  • Email: support@asmtech.co.za
  • Phone: +27 0878213250
  • Physical Address: 24 Wilge St, Wilgespruit 190-Iq, Roodepoort, 1724