Standard Terms and Conditions for Quotations, Proposals and Invoices

These Terms and Conditions (“T&Cs”) govern all quotations, invoices, proposals, and related transactions issued by Digital Habitat Solutions CC Trading as Digital Habitat (registration number: 1999/018975123, (“Digital Habitat”, “we”, “us”, or “our”). By accepting a quotation or proposal (e.g., via signature, email confirmation, or deposit payment), or by receiving and not disputing an invoice within 7 days, you (“Client”, “you”, or “your”) agree to be bound by these T&Cs. These supersede any prior oral or written understandings unless explicitly varied in a signed addendum.

1. Nature of Business and Scope

Digital Habitat specialises in home automation, audio-visual systems, wifi networking solutions and other digital solutions. Quotations, Proposals and invoices cover goods (e.g., hardware) and/or services (e.g., installation, design, integration). The scope is strictly as described in the quotation/proposal/invoice. Any changes that is more, than 10% of the quotation/proposal, must be agreed in writing via a variation order, which may adjust pricing and timelines.

2. Validity and Acceptance of Quotations

• Quotations are valid to the duration stipulated in the quote/proposal.
• Acceptance occurs upon: (i) your written confirmation (email suffices); (ii) payment of a deposit (as outlined in the quotation/proposal); or (iii) commencement of work/goods dispatch.
• Prices are in South African Rand (ZAR), inclusive of VAT (unless stated otherwise) and subject to exchange rate fluctuations for imported components. We reserve the right to adjust for material cost increases beyond our control.

3. Pricing and Payment Terms

• Deposits: The deposit value that is included in the quote / proposal is due upon acceptance to secure commencement. No work or ordering of any equipment begins until the deposit clears in our nominated bank account.
• Progress Payments and Final Payment: These are outlined in the quote/proposal.
• Invoices: Issued electronically, compliant with SARS requirements (including VAT registration number, sequential numbering, and tax details). Electronic invoices are valid under the Electronic Communications and Transactions Act.
• Methods: Bank transfer (EFT) preferred; no cash unless by special arrangement. All payments in ZAR.
• Late Payments: Overdue amounts accrue interest at the prime rate plus 5% per annum (as quoted by [e.g., Standard Bank] from time to time). We may suspend work, charge collection fees (max 15% of outstanding amount), or terminate the agreement. You remain liable for all costs.
• Taxes: Prices include VAT (15% as of 2025).

4. Delivery, Installation, and Performance

• Timeline: Estimated only; subject to delays from force majeure (e.g., strikes, supply chain issues, or your delays in approvals).
• Delivery: Risk passes to you on handover or delivery of goods to your premises. Installation services include on-site setup; site access must be provided.
• Testing and Handover: Systems will be tested on-site and a handover scheduled. Defects are to reported 48hrs after handover, thereafter these will be regarded as a call out and will be invoiced.

5. Warranties and Defects

• Goods: A manufacturer’s warranty on hardware is dependent on their terms and conditions and the client will be advised in the quotation/proposal. We handle claims but cannot guarantee third-party warranties. Damages due to lightening, power surges due to brown outs will void warranty.
• Services: 6-month workmanship warranty from handover. Covers defects in installation/integration; excludes misuse, modifications, or environmental damage.
• Exclusions: No warranty for software updates beyond initial setup, or issues from your network/power supply.
• Remedies: Repairs/replacements at our discretion, free during warranty on goods supplied by Digital Habitat excluding televisions and MultiChoice decoders. Out-of-warranty work billed at standard rates.

6. Intellectual Property and Confidentiality

• Designs, software configurations, and custom integrations remain our property until full payment. 
• You grant us a licence to use your provided materials (e.g., site plans) for the project.
• Both parties agree to keep project information confidential.

7. Limitation of Liability

• Our total liability is capped at the contract value. We are not liable for indirect losses (e.g., business interruption, data loss) or consequential damages.
• You indemnify us against claims from third parties arising from your site conditions or instructions.
• Compliance: All work adheres to South African standards.

8. Termination and Suspension

• By Us: For non-payment (after 7 days’ notice), material breach, or insolvency. Deposits are non-refundable; work-to-date billed.
• By You: With 14 days’ written notice, but subject to payment for completed work and 20% cancellation fee.
• On termination, you must return goods/cease using services.

9. Dispute Resolution

• Disputes resolved amicably first. If unresolved, referred to mediation under AFSA rules, then arbitration in Johannesburg.
• Governing Law: Laws of the Republic of South Africa. Jurisdiction: Magistrate’s Court (or High Court if exceeding limits) in Johannesburg.

10. Insurance-Related Services and Coordination

• No Affiliation with Insurers: Digital Habitat is not affiliated, partnered, or contracted with any insurance company. We do not act as agents, assessors, or representatives of any insurer.
• Insurance Reports: Any report, inspection summary, system audit, or documentation requested by you or your insurer (e.g., for claims, valuations, or compliance) will be provided only upon written request and for an additional fee. Fees are quoted separately and payable in advance by you. Standard reports are billed at our prevailing hourly rate (minimum 2 hours) including VAT.
• Uninstallation or Access for Insurers: If your insurer requires Digital Habitat to uninstall, relocate, or provide access to installed equipment for inspection, testing, or claims purposes, this will be treated as a separate billable service. A formal quotation will be issued, and work will only commence upon your written approval and payment of the total amount upfront by yourself. You remain responsible for all coordination with your insurer.
• Client Responsibility: You are solely responsible for liaising with your insurance provider, submitting claims, and ensuring compliance with policy terms. Digital Habitat will not communicate directly with insurers unless expressly instructed and compensated.

11. General Provisions

• Entire Agreement: These T&Cs, plus the quotation/proposal/invoice, form the full contract.
• Severability: Invalid clauses do not affect the rest.
• Force Majeure: Excused for events beyond control (e.g., pandemics, load-shedding) as well as accidents.
• Data Protection: We comply with POPIA; your data used only for project/invoicing purposes.
• Updates: We may update T&Cs; continued dealings imply acceptance.

Contact: For queries, email info@digitalhabitat.co.za.