Terms of Service

Last Updated: March 1, 2026

1. Acceptance of Terms

By accessing and using the Omegatek Solutions website (omegatek.co.za) and services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. These terms apply to all visitors, users, and others who access or use our services.

2. Services Provided

Omegatek Solutions provides the following services:

• Electronics Repair: Computer, laptop, smartphone, and appliance repair services
• Software Development: Custom software and web application development
• E-commerce: Sale of electronics, accessories, and tech products
• Consulting: Technology consulting and IT support services

3. User Responsibilities

3.1 Account Registration

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.2 Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect user data without consent

4. Repair Services Terms

4.1 Service Estimates

• All repair estimates are provisional and subject to device inspection
• Final costs may vary based on actual repair requirements
• We will notify you of any significant cost changes before proceeding
• Diagnostic fees are non-refundable

4.2 Service Warranty

• Repairs are warranted for 90 days against defects in workmanship
• Warranty does not cover physical damage, liquid damage, or misuse
• Original parts carry manufacturer warranties
• Warranty is void if device is tampered with after repair

4.3 Customer Responsibilities

• Backup all data before submitting devices for repair
• Remove passwords, PINs, and security locks
• Provide accurate contact information
• Collect repaired devices within 30 days
• Pay all fees before device collection

4.4 Uncollected Devices

Devices not collected within 30 days of repair completion notification:

• Will incur storage fees of R50 per week
• May be disposed of after 90 days with 14 days written notice
• We are not liable for data loss on uncollected devices

5. E-commerce Terms

5.1 Product Information

• We strive for accuracy in product descriptions and pricing
• Colors may vary due to display settings
• We reserve the right to correct errors
• Product availability is subject to change

5.2 Pricing and Payment

• All prices are in South African Rands (ZAR) and include VAT
• Payment must be made in full before dispatch
• We accept: Bank transfer, Credit/Debit cards, PayFast
• We reserve the right to refuse or cancel orders

5.3 Delivery

• Delivery times are estimates and not guaranteed
• Risk of loss transfers upon delivery to carrier
• Customers are responsible for providing accurate delivery information
• Delivery fees are non-refundable

5.4 Returns and Refunds

• Products may be returned within 14 days of receipt (Consumer Protection Act)
• Products must be unused, in original packaging
• Customer responsible for return shipping costs (unless defective)
• Refunds processed within 14 business days
• Certain products (software, custom items) are non-returnable

6. Software Development Services

6.1 Project Terms

• All projects require a signed service agreement
• Pricing based on project scope and complexity
• Payment schedules outlined in project agreement
• Changes to scope may incur additional fees

6.2 Intellectual Property

• Custom-developed software: Rights transfer upon full payment
• We retain rights to reusable codeComponents and frameworks
• Client provides license for third-party software
• Client owns their content, data, and assets

6.3 Support and Maintenance

• Initial support period included in project cost
• Extended support available via maintenance agreements
• Bug fixes provided for 30 days post-launch
• New features are separately quoted

7. Limitation of Liability

To the fullest extent permitted by law:

• Omegatek Solutions is not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the amount paid for the specific service
• We are not responsible for data loss; customers must maintain backups
• We are not liable for delays or failures due to circumstances beyond our control
• Services are provided "as is" without warranties of any kind

8. Indemnification

You agree to indemnify and hold harmless Omegatek Solutions, its officers, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms of Service
• Your violation of any rights of another party
• Your use or misuse of our services
• Content you submit or transmit through our services

9. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, software, and design, is the property of Omegatek Solutions and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, or display our content without permission
• Use our trademarks or branding without authorization
• Reverse engineer or decompile our software
• Remove or alter copyright notices

10. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with POPIA and GDPR.

11. Termination

We reserve the right to suspend or terminate your access to our services at any time, without notice, for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Abuse of our services or staff
• Non-payment of fees

Upon termination, your right to use our services ceases immediately.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

12.2 Resolution Process

1. Direct Communication: Contact us to resolve disputes informally
2. Mediation: If unresolved, parties agree to attempt mediation
3. Arbitration: Binding arbitration in Gauteng, South Africa
4. Legal Action: Disputes may be brought in courts of competent jurisdiction in Gauteng

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective upon posting to this page. We will notify users of material changes via:

• Email notification (for registered users)
• Website notice
• Updated "Last Updated" date

Continued use of services after changes constitutes acceptance of new terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Omegatek Solutions regarding use of our services, superseding any prior agreements.

16. Contact Information

For questions about these Terms of Service:

17. Consumer Protection Act Notice

This notice is required by the Consumer Protection Act 68 of 2008:

• Consumers have the right to fair, reasonable terms
• Cooling-off period: 5 business days for direct marketing
• Right to cancel advance bookings within reasonable time
• Right to return goods within 6 months if defective
• Complaints may be directed to the National Consumer Commission

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.