LEGAL
Effective date: 7 July 2026 · Entity: Ikusasa Analytics (Pty) Ltd, registered in South Africa.
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These Terms of Service ("Terms") govern all proposals, Discovery Sessions, statements of work, and engagements ("Services") provided by Ikusasa Analytics (Pty) Ltd ("Ikusasa Analytics", "we", "us", "our"), to any individual or organisation that engages us ("Client", "you"). By booking a Discovery Session, signing a proposal or statement of work, or otherwise instructing us to begin work, you agree to be bound by these Terms.
Access to and use of our website, and engagement of any Service, constitutes acceptance of these Terms in full. Where a signed Master Services Agreement, Statement of Work ("SOW"), or Proposal exists between Ikusasa Analytics and the Client, the specific commercial terms of that document take precedence over these Terms; these Terms apply to all matters not expressly addressed in that agreement.
Ikusasa Analytics provides advanced data engineering, cloud infrastructure, AI automation, full-stack software architecture, cybersecurity, and enterprise systems consulting services, including but not limited to:
The specific scope, deliverables and timelines for any engagement are defined exclusively in the applicable Proposal, quote, or SOW. Nothing on our website constitutes a binding quote or guarantee of scope.
We offer a free, no-obligation 15-minute introductory call to establish fit before any commitment or payment is required. Where a prospective Client wishes to proceed further, most engagements continue with a paid Project Discovery Session (1.5 hours). The Discovery Session fee is once-off and is credited in full toward the resulting project if the Client proceeds to sign a Proposal or SOW with us within the validity period stated in that Proposal. If the Client does not proceed, the Discovery Session fee is non-refundable, as it covers the technical time and analysis already delivered.
A binding engagement exists only once a Proposal or SOW has been signed, or accepted in writing (including via email), by an authorised representative of the Client and by Ikusasa Analytics.
The Client agrees to provide timely access to required systems, data, personnel and approvals; to designate an authorised point of contact for sign-off; and to supply accurate information necessary for us to deliver the Services. Delays caused by the Client's failure to meet these obligations may extend project timelines and are not attributable to Ikusasa Analytics.
Unless otherwise agreed in writing in the applicable SOW:
Each party agrees to keep the other's confidential information private and to use it only for the purposes of the engagement. We apply industry-standard technical and organisational security measures — including access control, encryption in transit, and secure-by-design engineering practices — appropriate to the sensitivity of the data we are entrusted with. However, no system can be guaranteed 100% secure, and the Client remains responsible for maintaining appropriate security over credentials, systems and environments under its own control.
Where Ikusasa Analytics processes personal information on the Client's behalf in the course of delivering Services, we act as an Operator as defined under the Protection of Personal Information Act, 2013 ("POPIA"), and the Client acts as the Responsible Party. We will:
Clients requiring a separate Data Processing Agreement or Operator Agreement for regulatory, tender or SOE compliance purposes may request one; where executed, it will govern data processing terms in place of this section. This section covers our role as Operator processing Client data under an engagement; how we handle personal information collected through this Website itself (e.g. via the contact form) is set out in our Privacy Policy.
Specific service level commitments (response times, uptime targets, support hours) apply only where expressly defined in a signed SLA or SOW. In the absence of a specific SLA, support and maintenance requests are handled on a reasonable-efforts basis during standard South African business hours.
Ikusasa Analytics may recommend or act as a referral or affiliate partner for third-party platforms (including but not limited to Papaya Global, Plesk, and Evolve). These are affiliate relationships only; Ikusasa Analytics is not a certified reseller, integrator, or deployment partner of these platforms unless expressly stated otherwise. We are not liable for the performance, pricing, availability, or terms of service of any third-party platform; your use of such platforms is governed by that provider's own terms. Where we receive a referral or affiliate commission from a third party as a result of a Client signing up to their service, this does not increase the cost to the Client and will be disclosed on request. Any configuration, deployment, or engineering support we provide for a third-party platform is delivered under our own standard engagement terms, separate from that platform's affiliate program.
We warrant that Services will be performed with reasonable skill and care consistent with generally accepted industry standards. Except as expressly stated in a signed SOW, Services are provided "as is" and we disclaim all other warranties, whether express or implied, including any implied warranty of merchantability or fitness for a particular purpose, to the maximum extent permitted by South African law.
To the maximum extent permitted by law, Ikusasa Analytics' total aggregate liability arising out of or in connection with any engagement, whether in contract, delict or otherwise, is limited to the total fees paid by the Client for the specific Service giving rise to the claim in the six (6) months preceding the event. We are not liable for indirect, incidental, special or consequential damages, loss of profits, loss of data, or business interruption, even where advised of the possibility of such damages. Nothing in these Terms limits liability that cannot lawfully be limited under South African law, including liability for gross negligence or wilful misconduct.
The Client agrees to indemnify and hold Ikusasa Analytics harmless from claims, losses or damages arising from the Client's misuse of any deliverable, breach of these Terms, or provision of inaccurate, unlawful or unauthorised data, credentials, or instructions to us.
Either party may terminate an active engagement on written notice as specified in the applicable SOW, typically 14–30 days, or immediately for material breach that remains uncured after 7 days' written notice. On termination, the Client pays for all work completed and costs reasonably incurred up to the effective termination date, and Ikusasa Analytics will hand over completed Client Deliverables paid for in full.
These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts of South Africa, subject to the parties' right to first attempt resolution through good-faith negotiation and, if unresolved, mediation or arbitration as may be agreed.
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. The version published on this page at the time an engagement is confirmed governs that engagement, unless superseded by a signed SOW. Material changes affecting active engagements will be communicated directly to affected Clients.
Questions about these Terms can be directed to info@ikusasaanalytics.co.za, or via our contact page.
