MAXITEC TERMS OF BUSINESS,
DELIVERY, RETURNS, CANCELLATION AND REFUND POLICY
1. Supplier Information (ECTA Section 43)
These Terms and Conditions govern the supply of internet access, hosting and related services by MAX Internet Technologies cc trading as Maxitec (“Maxitec”, “we”, “us” or “the Supplier”). By placing an order, making payment or using any service, the customer (“you” or “the Consumer”) agrees to be bound by this Policy together with our other published legal documents.
| Full Legal Name | MAX Internet Technologies cc trading as Maxitec |
|---|---|
| Registration Number | CK1997/58636/23 |
| Physical Address (for service of documents) |
155 Main Road, Rothnick Croft Building, Hermanus, 7200, Western Cape, South Africa |
| Postal Address | PO Box 1437, Hermanus, 7200 |
| Telephone | +27 87 550 1629 |
| Primary Email | support@maxitec.co.za |
| Website | https://www.maxitec.co.za |
| Membership | Internet Service Providers’ Association (ISPA) – Code of Conduct applies |
2. Scope of Services
Maxitec supplies the following categories of services (full descriptions are available at https://www.maxitec.co.za/services/):
- Internet access services – Fibre, Wireless Broadband (Wi-Fi / Rural / Lite / CBD), Mobile LTE / 3G, and ADSL.
- Hosting and domain services – Domain name registration and transfer, website hosting packages, mailboxes and related digital services.
- Ancillary services – VOIP, website design and marketing solutions where ordered.
These services are primarily digital or network-based. Maxitec does not operate a general retail store of physical consumer goods.
3. Pricing, Payment and Price Increases
All prices are quoted in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable. Any additional charges (for example installation fees) are disclosed prior to payment or confirmation of the order.
Payment is accepted via the Payfast payment gateway (and such other methods as Maxitec may enable from time to time). Card details are processed on Payfast’s PCI-DSS compliant platform and are not stored by Maxitec.
Price Increases: Maxitec will publish notice of any price increase on its website at least sixty (60) days before the increase takes effect. Continued use of the service after the effective date constitutes acceptance of the revised pricing.
4. Delivery and Activation of Services
Maxitec does not ship physical goods to customers. Services are delivered by activation on Maxitec’s network or systems.
Service is regarded as delivered once the relevant line, circuit, domain, hosting account or other service has been activated and successfully tested by Maxitec (or its upstream providers) and access credentials or confirmation have been issued to the customer.
Activation timelines are communicated at the time of order or during the provisioning process and are dependent on third-party infrastructure (for example fibre network operators or wireless spectrum availability). Maxitec will keep the customer reasonably informed of progress and any material delays.
5. Installation and Access Equipment
In order to provide certain services (particularly wireless broadband and mobile LTE), Maxitec may install access-specific equipment at the customer’s premises (for example a radio, dish, router or SIM). Such equipment forms part of the service installation and is covered by the installation fee charged at the time of order.
Unless otherwise agreed in writing, installed equipment remains the property of Maxitec or its suppliers and must be returned in good working order upon termination of the service. Failure to return equipment may result in a charge equal to the reasonable replacement cost.
No separate retail sale of physical consumer goods occurs in the ordinary course of Maxitec’s business.
6. Cancellation Policy
6.1 Ongoing Subscription Services (Internet Access, Hosting, Domains, etc.)
Either party may cancel an ongoing service agreement by giving not less than sixty (60) days’ written notice. Notice must be sent by email to admin@maxitec.co.za and will only be regarded as valid once Maxitec has issued a confirming helpdesk ticket number.
Cancellation takes effect at the end of the notice period. The customer remains liable for all fees due up to the effective cancellation date. Pro-rata refunds for prepaid periods beyond the cancellation date will be calculated and processed in accordance with section 7 below, subject to any statutory rights.
6.2 One-off Purchases and Once-off Services
Once an invoice for a one-off product or service has been paid, or the product or service has been delivered/activated, cancellation is governed by the Consumer Protection Act 68 of 2008 (CPA) and, where applicable, the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
6.3 Statutory Cooling-off Rights (ECTA Section 44)
Where an electronic transaction falls within the scope of ECTA section 44 and is not subject to an exclusion under section 42(2), a natural-person consumer may cancel the transaction without reason and without penalty within seven (7) days after:
- in the case of goods – the date of receipt of the goods; or
- in the case of services – the date on which the agreement was concluded.
A full refund of any amount paid must be made within thirty (30) days of the cancellation. The only charge that may be levied is the direct cost of returning any goods (if applicable).
Note: Cooling-off rights do not apply to services that have already been fully performed with the consumer’s consent, or to certain other excluded categories listed in ECTA.
7. Returns and Refunds Policy
7.1 How to Request a Return, Cancellation or Refund
All requests for service changes, cancellations, returns of equipment or refunds must be submitted by email to support@maxitec.co.za. A helpdesk ticket will be raised and a ticket number issued. This ticket number constitutes formal acknowledgement of the request.
7.2 Defective or Non-Compliant Goods / Equipment (CPA)
In accordance with the CPA, consumers have a right to receive goods that are of good quality, in good working order and free of defects. Where any physical equipment supplied or installed by Maxitec is defective or fails to meet the standards required by the CPA within six (6) months of delivery or installation, the consumer may elect repair, replacement or a refund.
Returns of physical equipment must be arranged through the support channel above. Equipment must be returned in its original condition (fair wear and tear excepted) together with all accessories and packaging where reasonably possible.
7.3 Handling / Restocking Fee
Where a return of physical equipment is accepted for reasons other than a defect attributable to Maxitec, a handling fee of ten percent (10%) of the equipment value may be charged, subject always to the limits and consumer rights contained in the CPA. No handling fee is charged where the return is exercised under a statutory cooling-off right or because of a defect.
7.4 Refund Processing
Refunds that are due under this Policy, the CPA or ECTA will be processed as follows:
- ECTA cooling-off cancellations – full refund within thirty (30) days of the date of cancellation.
- Other approved refunds – within a reasonable period, ordinarily not exceeding thirty (30) days after approval of the refund request and return of any equipment (where applicable).
Refunds are made by the original payment method where possible, or by electronic funds transfer to a South African bank account nominated by the customer.
7.5 Non-Refundable Items
Subject to any overriding statutory rights, the following are generally non-refundable once delivered or performed: domain registration fees already paid to the registry, third-party licence fees, and services that have been fully consumed or activated with the customer’s knowledge and consent.
8. Force Majeure
Maxitec shall not be liable for any failure or delay in performing its obligations under any service agreement where such failure or delay results from circumstances beyond its reasonable control. These circumstances include, but are not limited to: acts of God, natural disasters, fire, flood, extreme weather, epidemic or pandemic, war, terrorism, civil unrest, government action or embargo, failure or interruption of third-party telecommunications or power infrastructure, industrial action, or any other event of a similar nature.
In the event of a force-majeure occurrence, Maxitec will use reasonable efforts to notify affected customers and to restore service as soon as practicable. Service credits or other remedies may be considered on a case-by-case basis at Maxitec’s discretion, but Maxitec shall have no liability for consequential, indirect or economic loss arising from such events.
9. Complaints and Escalation
Customers who are dissatisfied with any aspect of service, billing, cancellation or refund handling should first raise a ticket with support@maxitec.co.za. Maxitec’s Complaints Procedure is published on the website. Unresolved complaints may be escalated in accordance with that procedure and, where applicable, to the Internet Service Providers’ Association (ISPA) or the Independent Communications Authority of South Africa (ICASA).
10. Limitation of Liability
To the maximum extent permitted by law (including the CPA), Maxitec’s total liability arising out of or in connection with any service or this Policy is limited to the fees paid by the customer for the specific service in the three (3) months preceding the claim. Maxitec is not liable for any indirect, incidental, special, consequential or punitive damages, loss of profits, loss of data, or business interruption, whether arising in contract, delict or otherwise.
Nothing in this Policy excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot lawfully be excluded or limited under South African law.
11. Governing Law and Jurisdiction
This Policy and any dispute arising from it are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the South African courts. Preference is given to the Magistrate’s Court having jurisdiction, without prejudice to Maxitec’s right to institute proceedings in any other competent court.
12. General Provisions
This Policy, together with Maxitec’s Acceptable Use Policy, Privacy Policy, Terms of Use, Complaints Procedure and any service-specific terms, constitutes the entire agreement between the parties in respect of the subject matter hereof. Maxitec may update this Policy from time to time; the current version will be published on the website. Continued use of services after publication of an updated version constitutes acceptance of the changes.
If any provision of this Policy is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any breach shall be deemed a waiver of any subsequent breach.
For all service-related requests, cancellations, returns and refunds please contact:
support@maxitec.co.za | Telephone: +27 87 550 1629
Office hours: Monday to Friday 08:00 – 17:00 (South African Standard Time)
