Modus Systems Terms and Conditions

Modus Systems - Client Management, Invoicing and Support Software

Cloud Terms and Conditions of Use

Effective Date: September 23, 2026

Provider: Modus Systems (Pty) Ltd ("Modus Systems", "MS", "we", "us", or "our")

1. Acceptance of Terms

By creating an account, accessing, or using the cloud services hosted at cloud.modusit.co.za (the "Cloud Service"), you ("Customer", "User", or "you") agree to be bound by these Cloud Terms and Conditions of Use ("Terms"). If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind such entity.

These Terms supplement our main website terms (modusit.co.za/terms-conditions/) and Privacy Policy. In the event of a conflict regarding cloud infrastructure or virtualized services, these Cloud Terms prevail.

2. Service Description & SLA

2.1. Services: MS provides cloud computing resources, managed web hosting, database hosting, virtual servers, and related infrastructure services.

2.2. Service Availability: We strive to maintain a target service uptime of 99.9%. However, scheduled maintenance, unscheduled emergency repairs, or upstream network carrier interruptions may cause temporary outages.

2.3. Maintenance Windows: MS reserves the right to perform scheduled maintenance during low-traffic windows. Notice will be provided via email or system dashboard where reasonably possible.

3. Account Registration & Security

3.1. You are responsible for maintaining the confidentiality of your account credentials (API keys, SSH keys, passwords, and root access credentials).

3.2. You assume full responsibility for all activities, actions, and bandwidth/compute resource consumption occurring under your account.

3.3. You must immediately notify Modus Systems at cloudsupport@modusit.co.za or 087 150 7218 of any unauthorized access or security breach.

4. Acceptable Use Policy (AUP)

You agree not to use cloud.modusit.co.za to:

Host, distribute, or transmit malware, ransomware, botnet nodes, or phishing sites.
Conduct unauthorized scanning, penetration testing, or Denial-of-Service (DoS/DDoS) attacks against any network.
Engage in unauthorized cryptocurrency mining or high-impact processes that degrade multi-tenant hardware performance for other users.
Store or distribute illegal content, infringing intellectual property, or content violating South African law.
Send unsolicited bulk commercial emails (SPAM) or operate open mail relays.

Enforcement: MS reserves the right to immediately suspend or terminate any instance or account violating this AUP without prior notice or refund liability.

5. Data Privacy, Storage & Backups

5.1. Data Ownership: You retain full ownership and intellectual property rights over all data, code, files, and databases hosted on your cloud environment ("Customer Data").

5.2. POPIA Compliance: Modus Systems processes Customer Data strictly in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Where MS acts as an Operator under POPIA, we implement reasonable technical and organizational measures to safeguard personal data.

5.3. Data Backups: Unless you have purchased a specific fully managed backup service under a separate agreement, you are solely responsible for maintaining off-site backups of your data. MS is not liable for data loss caused by hardware failure, user error, account termination, or unauthorized intrusion.

6. Billing, Renewals, and Cancellations

6.1. Fees: Cloud services are billed on a subscription, recurring, or usage-based model as specified during checkout. All prices displayed exclude or include VAT as indicated at the point of billing.

6.2. Non-Payment: Failure to process recurring subscription fees may result in immediate suspension of cloud instances. Persistent non-payment past 14 days may lead to permanent deletion of account data and virtualized resources.

6.3. Cancellation: You may cancel your cloud services at any time via your account portal. Cancellations take effect at the end of the current billing cycle.

7. Limitation of Liability & Indemnity

7.1. Disclaimer: To the maximum extent permitted by South African law (including the Consumer Protection Act 68 of 2008), all cloud services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

7.2. Limitation: In no event shall Modus Systems, its directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages - including lost profits, lost data, business interruption, or system downtime.

7.3. Financial Cap: Modus Systems' aggregate liability for any claim arising out of these Terms shall not exceed the total amount paid by you for the specific cloud service during the three (3) months preceding the incident.

7.4. Indemnification: You agree to defend and indemnify Modus Systems against any third-party claims arising from your Customer Data, breach of the Acceptable Use Policy, or unauthorized usage of your account.

8. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings or disputes arising under these Terms shall be subject to the jurisdiction of the South African courts.

9. Contact Information

For support, abuse reports, or billing queries regarding cloud.modusit.co.za:

Email: cloudsupport@modusit.co.za
Phone: 087 150 7218
Parent Site: modusit.co.za