Terms and Conditions

These Terms and Conditions are a working draft for Opsiqo (Pty) Ltd and must be reviewed by a qualified legal practitioner before being used as binding customer terms.

If a signed master services agreement, order form, statement of work, data processing agreement, or service schedule conflicts with these Terms, the signed document will take precedence for the affected services.

These Terms apply to access, use, support, managed services, implementation, configuration, consulting, remote management, integrations, and related services connected to the Opsiqo product family.

The product family currently includes Opsiqo ServiceDesk(TM) AIO, Opsiqo ServiceDesk(TM) Enterprise, Opsiqo GRC(TM), Opsiqo Sales(TM), Opsiqo Projects(TM), Opsiqo Insure(TM), and Opsiqo RMM(TM).

Certain products may be provided as software-as-a-service, managed service capability, advisory service, automation layer, endpoint agent, integration, or a combination of these.

The Customer is responsible for providing accurate account, billing, technical, user, endpoint, asset, and operational information required for setup and service delivery.

The Customer must ensure that its users are authorised to access the Opsiqo services and must keep credentials, administrative access, API keys, connector secrets, and endpoint deployment material secure.

The Customer must not misuse the services, bypass security controls, interfere with service operation, introduce malicious code, or use the services for unlawful monitoring, unauthorised access, or prohibited processing of personal information.

Where the Customer deploys Opsiqo RMM(TM), remote assistance, endpoint control, automation, telemetry collection, package deployment, or policy management, the Customer is responsible for obtaining all internal approvals, employee notices, client consents, and legal authority required for that environment.

Opsiqo will provide the subscribed products and services in accordance with the applicable order, package, service schedule, or statement of work.

Opsiqo will use commercially reasonable efforts to maintain service availability, protect the platform, investigate reported defects, and provide support through the channels made available to the Customer.

Opsiqo may update, improve, replace, or retire features where reasonably necessary for security, stability, compliance, product improvement, or operational continuity, provided that material changes will be communicated where practical.

Fees, billing frequency, included products, limits, discounts, and payment terms will be set out in the applicable order form, online checkout, quotation, or signed agreement.

Unless otherwise agreed in writing, invoices are payable within thirty (30) days of invoice date. Taxes, including VAT where applicable, may be charged in accordance with applicable law.

Opsiqo may suspend access to paid services if undisputed amounts remain overdue after reasonable notice. Suspension will not remove the Customer's obligation to pay fees already due.

Renewals, cancellations, fixed-term commitments, and early termination charges must be set out clearly in the applicable commercial agreement and must comply with applicable consumer or commercial law where it applies.

Support is provided for Opsiqo products, platform operation, configured workflows, subscribed modules, and supported integrations.

Support for third-party products, customer infrastructure, customer-created scripts, unauthorised modifications, network conditions, endpoint state, or third-party services may be outside standard support and may be chargeable unless included in a managed service agreement.

Priority, response targets, support hours, escalation handling, after-hours support, and exclusions should be defined in a separate Service Level Agreement or service schedule.

Opsiqo and the Customer will process personal information and personal data in accordance with applicable data protection laws, including South Africa's Protection of Personal Information Act, 2013 (POPIA), the General Data Protection Regulation (GDPR) where applicable, and other applicable data protection, privacy, cybersecurity, and sector-specific compliance obligations.

Depending on the service and processing activity, the Customer may act as the responsible party or controller, and Opsiqo may act as an operator or processor when processing data on the Customer's documented instructions.

Opsiqo may also act as an independent responsible party or controller for its own account administration, billing, security, analytics, compliance, fraud prevention, and service improvement purposes.

Opsiqo will use appropriate technical and organisational measures designed to protect personal information against unauthorised access, loss, alteration, disclosure, or destruction.

The Customer is responsible for ensuring that the data submitted to Opsiqo is lawful, accurate, necessary for the agreed purpose, and processed with a valid legal basis.

Where required, the parties should enter into a Data Processing Agreement covering processing instructions, confidentiality, sub-processors, security measures, breach notification, data subject rights, retention, deletion, and cross-border transfers.

Opsiqo RMM(TM), remote assistance, automation, package deployment, endpoint telemetry, policy management, and related tooling must only be used on assets, networks, accounts, and environments for which the Customer has proper authority.

The Customer must not use Opsiqo tooling for covert surveillance, unauthorised access, credential harvesting, unlawful interception, or any action that would breach employment, privacy, cybersecurity, or client obligations.

Opsiqo may log administrative actions, remote sessions, endpoint commands, package deployments, policy changes, telemetry, audit events, authentication events, and security-relevant activity for operational, compliance, and evidentiary purposes.

High-risk actions such as uninstall, decommission, script execution, remote control, package deployment, or policy changes may require administrative approval, audit logging, or additional controls.

The services may integrate with third-party systems such as identity providers, email platforms, payment providers, cloud services, endpoint tools, storage providers, or communication platforms.

The Customer is responsible for third-party licences, configuration, permissions, API access, consent, and continued availability unless specifically included in an Opsiqo managed service.

Opsiqo is not responsible for third-party outages, API changes, vendor discontinuation, customer-side misconfiguration, or data loss caused by third-party services outside Opsiqo's control.

Opsiqo retains all rights, title, and interest in the Opsiqo platform, products, software, designs, trademarks, workflows, automation logic, documentation, templates, and related intellectual property.

The Customer retains ownership of its data, records, tickets, assets, configurations, documents, customer information, and content submitted to the services.

Unless otherwise agreed, feedback, suggestions, enhancement requests, and product ideas may be used by Opsiqo to improve the services without creating a separate obligation or ownership transfer.

Each party must protect the other party's confidential information with reasonable care and may only use it for the purposes of the agreement.

Confidential information includes business, technical, security, pricing, customer, system, operational, and personal information not publicly available.

Confidentiality obligations do not apply to information already known, independently developed, lawfully received from a third party, publicly available, or required to be disclosed by law.

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, production, or business opportunity.

Any liability cap, exclusions that cannot lawfully be limited, indemnities, and security-specific remedies should be set out in the signed commercial agreement or service schedule.

Either party may terminate in accordance with the applicable order form, agreement, or service schedule.

Opsiqo may suspend or terminate access where the Customer materially breaches these Terms, fails to pay undisputed overdue amounts, misuses the services, creates security risk, or uses the services unlawfully.

On termination, the Customer remains responsible for fees due up to the effective termination date. Data return, export, retention, and deletion should be handled in accordance with the applicable agreement and data processing terms.

Unless otherwise agreed in writing, these Terms are governed by the laws of the Republic of South Africa.

The parties should first attempt to resolve disputes through good-faith engagement between authorised representatives before escalating to formal proceedings.

Commercial enquiries, product questions, support escalation, privacy requests, and legal notices should be submitted through the official contact channels published by Opsiqo.

Support contact: support@opsiqo.net.