Terms and conditions
Under South African law, these are the General Terms of Sale that govern the sale of products and services by ONE58 and its affiliates (referred to collectively as "ONE58") to the client. Additional terms may apply for services provided by ONE58, such as the Enterprise Subscription Agreement. If these additional terms conflict with the General Terms of Sale, the additional terms will take precedence.
Before placing an order with ONE58, please carefully review these terms. By accepting an order with ONE58, the client indicates their agreement with these terms.
The client explicitly waives their own standard terms and conditions, even if they were created after these standard terms and conditions of sale. Any deviation must be expressly agreed upon in advance in writing to be valid.
Invoices are due within 21 working days, unless a different payment period is specified on the invoice or order. In the event of non-payment by the due date, ONE58 reserves the right to request a fixed interest payment equal to 15% of the remaining amount owed. ONE58 will be authorized to suspend the provision of services without prior notice in case of late payment.
If a payment remains outstanding for more than sixty (60) days after the due date, ONE58 reserves the right to engage the services of a debt recovery company. All legal expenses will be borne by the client.
Certain countries enforce withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source must be paid by the client to the tax authorities. ONE58 cannot, under any circumstances, be responsible for costs related to a country's legislation. Therefore, the invoice amount is payable to ONE58 in full and does not include any costs related to the legislation of the country in which the client is located.
For clients with a global presence, the applicable pricing is always based on the client's location with the highest price list, unless otherwise specified in writing at the time of purchase.
Monthly Subscriptions are only available for hosting on the Cloud Platform (SaaS and Hosting). Payment of Monthly Subscriptions can only be made by credit card or an equivalent supported automatic debit method. ONE58 reserves the right to reject any Monthly Subscription that does not comply with these conditions.
ONE58 commits to making its best effort to deliver services in a timely manner according to the agreed-upon timeframes. However, none of its obligations can be interpreted as an obligation to guarantee specific results. Under no circumstances can ONE58 be required by the client to be a third party in any claim for damages filed against the client by an end consumer.
To be considered admissible, ONE58 must be notified of any claim via a letter sent by registered mail to its registered office within 8 days of the delivery of the goods or the provision of the services.
To the maximum extent permitted by law, the total liability of each party and its affiliates combined will not exceed 50% of the total amount paid by the Customer under these terms during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims will not expand this limitation.
ONE58 reserves the right to amend these terms at any time without prior notice. The client will be bound by the terms in effect at the time of acceptance of those terms.
All our contractual relationships will be exclusively governed by South African law.