1. Introduction
These Terms and Conditions govern the use of the Bern Technologies website and the purchase or use of products and services supplied by Bern Technologies.
Bern Technologies ("Bern Technologies", "we", "us" or "our") operates as a technology services and solutions provider offering services including, but not limited to, managed IT services, IT support, Microsoft 365 services, cloud solutions, networking, cybersecurity, CCTV, infrastructure, web development, consulting and related technology services.
By accessing this website, submitting an enquiry, purchasing a product or service, or engaging Bern Technologies for services, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, you should not use this website or purchase our products or services.
2. Company Information
Business Name: Bern Technologies
Registration Number: 2026 / 662298 / 07
Email: info@berntechnologies.co.za
Telephone: +27 76 169 6412
Website: https://berntechnologies.co.za
3. Website Use
You may use this website for lawful purposes only. You may not:
- Use the website for fraudulent or unlawful purposes.
- Attempt to gain unauthorised access to our website, systems or servers.
- Introduce malicious software, viruses or other harmful material.
- Copy, reproduce or distribute website content without our written permission.
- Use automated systems to scrape, copy or extract website content without permission.
- Interfere with the operation or security of the website.
We reserve the right to restrict or terminate access to the website where we reasonably believe that these Terms have been breached.
4. Products and Services
Bern Technologies provides technology products and services as described on our website, quotations, proposals, statements of work or other written agreements.
Services may include:
- IT support and managed IT services
- Microsoft 365, cloud services and networking
- CCTV, cybersecurity and security solutions
- Hardware supply and installation
- Software, licensing, website development and hosting
- Technology consulting, infrastructure implementation, backup and disaster recovery
- Other technology-related services
The exact scope of any engagement will be determined by the applicable quotation, proposal, statement of work, service agreement or other written agreement.
5. Quotations
Unless otherwise stated in writing, quotations are valid for 14 days from the date of issue.
A quotation may be subject to availability of hardware or third-party products, changes in supplier pricing or exchange rates, software or licensing price changes, changes to the customer's requirements, and additional work not included in the original scope. A quotation is not considered accepted until Bern Technologies confirms the order or engagement in writing.
6. Pricing and Payment
All prices are stated in South African Rand (ZAR), unless otherwise indicated. Prices may exclude VAT where applicable. Payment terms will be stated on the applicable quotation or invoice.
Unless otherwise agreed in writing:
- Invoices are payable by the due date stated on the invoice.
- Deposits or upfront payments may be required before work commences.
- Hardware or third-party products may require payment in full before ordering.
- Recurring services may be billed monthly in advance.
- Late payments may result in suspension of services.
Bern Technologies reserves the right to suspend services where an account remains overdue.
7. Third-Party Services
Certain services may depend on third-party providers, including Microsoft, internet service providers, hosting providers, domain registrars, cloud providers, software vendors, hardware manufacturers, payment providers and telecommunications providers.
Bern Technologies is not responsible for outages, pricing changes, service interruptions or policy changes caused by third-party providers. Where a third-party service is required, the customer's use of that service may also be subject to the third party's own terms and conditions.
8. Hardware and Equipment
Where Bern Technologies supplies hardware or equipment, ownership of the hardware will transfer to the customer only once the applicable invoice has been paid in full, unless otherwise agreed in writing.
Hardware supplied may be subject to the manufacturer's warranty. Warranty claims may be subject to the manufacturer's procedures and requirements. Bern Technologies does not provide warranties beyond those provided by the manufacturer unless expressly agreed in writing.
9. Software and Licensing
Software supplied or implemented by Bern Technologies may be subject to the licensing terms of the relevant software provider. Customers are responsible for ensuring that they have appropriate licences for software used within their organisation. Bern Technologies may suspend or discontinue services where software licensing requirements are not met.
10. Customer Responsibilities
The customer agrees to:
- Provide accurate information required to perform the services.
- Provide reasonable access to systems, equipment and premises where necessary.
- Maintain appropriate administrative credentials and authorisations.
- Ensure that employees cooperate with reasonable technical requirements.
- Maintain appropriate backups where backup services have not been contracted.
- Inform Bern Technologies of material changes to their IT environment.
- Pay invoices within the agreed payment period.
Delays caused by the customer may result in corresponding delays to project completion.
11. Data and Backups
Although Bern Technologies may provide backup and recovery services, no backup system can guarantee absolute protection against data loss. Customers remain responsible for identifying critical information and ensuring that appropriate backup and retention requirements are agreed.
Where backup services are provided, the applicable backup configuration and retention period will be determined by the relevant service agreement. Bern Technologies shall not be liable for data loss caused by circumstances outside its reasonable control, subject to applicable law.
12. Cybersecurity
Bern Technologies will take reasonable measures to protect systems and information within the agreed scope of services. However, no cybersecurity system can guarantee that a system will never be compromised.
Customers remain responsible for maintaining appropriate user security practices, protecting passwords and authentication information, reporting suspected security incidents, following reasonable security recommendations, and ensuring employees receive appropriate security awareness.
13. Intellectual Property
Unless otherwise agreed in writing, all intellectual property belonging to Bern Technologies remains the property of Bern Technologies. This includes website content, designs, graphics, logos, software code, scripts, templates, documentation, systems, processes and technical methodologies.
Where a project involves custom development, ownership or licensing of the resulting intellectual property will be determined by the applicable quotation or agreement.
14. Website Development
For website development projects, the customer is responsible for supplying required content, branding, images, text and other materials unless otherwise agreed. Third-party assets may be subject to separate licensing requirements. Additional work outside the agreed scope may be charged separately.
15. Limitation of Liability
To the maximum extent permitted by law, Bern Technologies will not be liable for indirect, incidental, special or consequential losses arising from the use of our products or services. This may include loss of profits, revenue, business opportunities, data, goodwill or business interruption.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under South African law.
16. Force Majeure
Bern Technologies will not be liable for failure or delay caused by circumstances beyond our reasonable control. This may include natural disasters, power failures, internet outages, telecommunications failures, cyberattacks, supplier failures, government actions, labour disputes, war or civil unrest, or other circumstances beyond our reasonable control.
17. Cancellation
Customers wishing to cancel a service must provide written notice in accordance with the applicable service agreement. Recurring services may be subject to minimum contract periods or notice requirements stated in the applicable agreement. Outstanding amounts remain payable following cancellation.
18. Privacy
Bern Technologies processes personal information in accordance with applicable South African privacy legislation and our Privacy Policy. Our Privacy Policy explains how personal information is collected, used, stored and protected.
19. Changes to These Terms
Bern Technologies reserves the right to update these Terms and Conditions from time to time. The updated version will be published on this website with the applicable revision date.
20. Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes will be subject to the applicable jurisdiction of the South African courts.
21. Contact
For questions regarding these Terms and Conditions:
Bern Technologies
Email: info@berntechnologies.co.za
Telephone: +27 76 169 6412