Terms of service

SMARTLINK TECHNOLOGIES (PTY) LTD — TERMS OF USE
Website Terms of Use — ICT Equipment Leasing & Managed Technology Services
Last updated: [DATE]

SmartLink Technologies (Pty) Ltd ("SmartLink", "we", "us" or "our") is a South African business-to-business (B2B) technology company specialising in ICT equipment leasing, managed IT services and technology solutions for businesses, institutions and organisations. These Terms of Use ("Terms") govern your access to and use of our website [WEBSITE URL] (the "Site"), including any quote requests, enquiries or engagement initiated through the Site (together, the "Services").

Please read these Terms carefully. By accessing or using the Site, submitting a quote request, or otherwise engaging with our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, please do not use the Site.

These Terms govern your use of the website. They do not, by themselves, constitute a lease agreement. Any equipment lease, rental or managed services engagement with SmartLink is only binding once formalised in a separate, signed Master Lease Agreement, Rental Schedule and/or Service Level Agreement ("Lease Agreement(s)"), the terms of which shall prevail over these Terms in the event of any conflict relating to a specific lease or service.

1. Who These Terms Apply To

The Site and Services are intended for business, institutional and organisational customers, and not for individual consumers acquiring equipment for personal, family or household use. By using the Site, you represent and warrant that:

  • you are acting on behalf of a registered business, institution, government entity or organisation, and are duly authorised to do so;
  • you are at least 18 years of age and have the legal capacity to enter into binding agreements on behalf of that entity; and
  • all information you provide to us (including company registration details, billing information and contact details) is true, current, complete and accurate.

2. Our Services

2.1 Equipment Leasing

SmartLink acquires and leases ICT and business technology equipment — including but not limited to smartphones, laptops, desktops, tablets, printers, photocopiers, servers, networking equipment, POS equipment, video conferencing equipment, displays and UPS systems — to business clients under fixed-term monthly rental agreements.

Ownership. Unless otherwise expressly agreed in writing, SmartLink (or its financiers/underlying suppliers) retains full legal ownership of all leased equipment at all times during the lease term. The client acquires only a right of use for the duration and on the terms set out in the applicable Lease Agreement. No lease creates any right, title or interest of ownership in the client, and equipment may not be sold, sub-leased, encumbered or used as security by the client.

2.2 Managed IT Services

Where agreed, SmartLink also provides managed technology services, including managed IT support, help desk support, network management, Microsoft 365 support, cloud services, cybersecurity support, data backup, IT infrastructure and device management. These services are governed by the applicable Service Level Agreement (SLA) concluded with the client.

2.3 Quote Requests

Submitting a request through our "Request a Quote" or "Speak to Our Team" forms is an enquiry only and does not create any binding obligation on SmartLink to lease equipment or provide services on any particular terms. Any proposal we issue in response is valid only for the period stated in that proposal and is subject to credit vetting, equipment availability and conclusion of a signed Lease Agreement.

3. Fees, Billing and Payment

  • Rental and service fees are as set out in the applicable Lease Agreement or SLA, and are exclusive of VAT unless stated otherwise.
  • Monthly rentals are payable in advance, by the client's chosen and agreed payment method, for the full duration of the fixed lease term unless the Lease Agreement provides otherwise.
  • Late or missed payments may attract interest, suspension of services, and/or recovery of leased equipment, as set out in the Lease Agreement.
  • Pricing communicated on the Site or in a quotation is indicative and may change at any time prior to signature of a Lease Agreement, without notice.

4. Client Obligations

Where you enter into a lease or services engagement with SmartLink, you agree to:

  • use leased equipment only for lawful business purposes and in accordance with manufacturer guidelines and the Lease Agreement;
  • keep leased equipment safe, insured (where required by the Lease Agreement) and in good working order, fair wear and tear excepted;
  • not modify, tamper with, relocate outside agreed premises, or permit any security interest to be created over leased equipment without our prior written consent;
  • promptly report any loss, theft, damage or malfunction of leased equipment; and
  • return leased equipment in the condition required by the Lease Agreement upon termination or expiry of the lease term.

5. Intellectual Property

All content on the Site — including text, graphics, logos, product imagery, layout and design — is owned by or licensed to SmartLink and is protected by South African and international intellectual property laws. You may view and use Site content for your own internal business evaluation of our Services only. You may not reproduce, distribute, modify, republish or commercially exploit any part of the Site without our prior written consent. The SmartLink name, logo and brand elements are trademarks of SmartLink Technologies (Pty) Ltd and may not be used without our prior written permission.

6. Confidentiality and Data Protection

Any business, technical or financial information shared with us in the course of a quote request or engagement will be treated as confidential and used solely for the purpose of preparing proposals and delivering Services, save where disclosure is required by law.

Personal information submitted through the Site is processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy [LINK]. By using the Site, you consent to the collection and processing of personal information as described there.

7. Third-Party Tools and Links

The Site may link to, or make use of, third-party tools, platforms or websites (for example, payment processors, scheduling tools, or partner suppliers) that we do not control. We are not responsible for the content, accuracy, availability or practices of any third-party service, and your use of such services is at your own risk and subject to that third party's own terms.

8. Acceptable Use

You may not use the Site or Services to:

  • engage in any unlawful, fraudulent or malicious activity;
  • infringe the intellectual property, confidentiality or other rights of SmartLink or any third party;
  • transmit false or misleading information, including in a quote request;
  • upload viruses, malware or other harmful code, or attempt to gain unauthorised access to our systems;
  • scrape, harvest or extract data from the Site using bots, crawlers or similar automated tools without our prior written consent; or
  • interfere with, disrupt, or place an undue burden on the Site or its infrastructure.

We reserve the right to suspend or terminate access to the Site or Services, without notice, for any breach of this section.

9. Automated Agents

Where any software or automated agent ("Agent") is used to access or interact with the Site on your behalf, that Agent must clearly identify itself as such in all requests (for example, via the user agent string), must not attempt to conceal that it is automated or circumvent measures such as CAPTCHAs intended to distinguish human from automated use, and must respond truthfully to any prompt seeking to determine whether it is human or automated. We may restrict, limit or block access by any Agent at our sole discretion.

10. Disclaimer of Warranties

Information on the Site — including product descriptions, specifications, pricing and availability — is provided for general informational purposes and may be updated or corrected without notice. The Site and its content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by South African law.

11. Limitation of Liability

To the fullest extent permitted by law, SmartLink, its directors, employees, agents and suppliers shall not be liable for any indirect, incidental, special, punitive or consequential loss or damage (including loss of profits, revenue, data or business opportunity) arising from or relating to your use of the Site, save that nothing in these Terms limits liability that cannot lawfully be excluded, and specific liability relating to leased equipment or delivered services is instead governed by the applicable Lease Agreement or SLA.

12. Indemnity

You agree to indemnify and hold SmartLink, its directors, employees and agents harmless from any claims, losses, damages, liabilities and reasonable legal costs arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

13. Term and Termination

We may suspend or terminate your access to the Site at our discretion, at any time, including where we believe these Terms have been breached. Termination of Site access does not affect the validity or enforceability of any Lease Agreement or SLA already concluded, which will continue to be governed by its own terms.

14. Changes to These Terms

We may update these Terms from time to time by posting the revised version on the Site, with the "Last updated" date amended accordingly. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms. Material changes affecting an existing Lease Agreement will only take effect by written agreement between the parties.

15. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the non-exclusive jurisdiction of the South African courts.

16. General

  • Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.
  • No waiver: our failure to enforce any provision does not waive our right to do so later.
  • Entire agreement: these Terms, together with our Privacy Policy and any signed Lease Agreement(s)/SLA(s), constitute the entire agreement between you and SmartLink regarding the Site.
  • Assignment: you may not assign your rights under these Terms without our written consent; we may assign or transfer these Terms at our discretion.