Terms and Conditions

1. Acceptance of These Terms

By visiting, browsing, or using any feature of the Website, including the contact form, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you are using the Website on behalf of a business or other legal entity, you confirm that you are authorised to bind that entity to these Terms.

2. About Bluenode

Bluenode Technologies (Pty) Ltd is a South African company providing web development, IT support, and related services. Any engagement with Bluenode is subject to a separate signed Service Agreement, which prevails over these Terms in respect of services contracted with Bluenode.

3. Use of the Website

You may use the Website only for lawful purposes and only as described in these Terms. You must not:

• Use the Website in any way that breaches any applicable law or regulation.
• Use the Website to send unsolicited advertising, spam, or abusive content.
• Attempt to gain unauthorised access to the Website, any related systems, or any account.
• Introduce any virus, malware, trojan, worm, or other harmful code.
• Use any automated system (including bots, scrapers, or crawlers) to access the Website in a way that imposes an unreasonable load on the infrastructure.
• Reverse engineer, decompile, or otherwise attempt to extract source code from any part of the Website.
• Copy, reproduce, redistribute, or commercially exploit any part of the Website without our prior written consent.

We reserve the right to restrict, suspend, or block access to the Website at any time and without notice, where we reasonably believe a user is in breach of these Terms.

4. Intellectual Property

All content on the Website, including text, graphics, logos, images, icons, videos, source code, design, layout, and underlying software, is the property of Bluenode Technologies (Pty) Ltd or its licensors, and is protected by South African and international copyright, trade mark, and other intellectual property laws.

No part of the Website may be reproduced, distributed, displayed, transmitted, or used to create derivative works without the prior written permission of Bluenode, except that you may view, print, or save a copy of pages for your own personal, non-commercial use.

The “Bluenode” name, the Bluenode logo, and any associated brand assets are trade marks of Bluenode Technologies (Pty) Ltd. You may not use them without prior written permission.

5. Contact Form and User Submissions

If you submit information through the contact form on the Website, you confirm that the information you submit is true and accurate, and you grant Bluenode permission to process that information in accordance with the Privacy Policy.

Bluenode is under no obligation to respond to any enquiry, and submission of the contact form does not create any contractual relationship between you and Bluenode unless and until a separate written agreement is signed by both parties.

6. Privacy

Your use of the Website is also governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy explains what personal information we collect, how we use it, and your rights under POPIA. By using the Website you confirm that you have read and accepted the Privacy Policy.

7. No Warranties

The Website is provided “as is” and “as available”. To the maximum extent permitted by law, Bluenode makes no representation or warranty of any kind, express or implied, about:

• The availability, uptime, reliability, accuracy, or completeness of the Website or its content.
• That the Website will be uninterrupted, free of errors, or free of viruses or other harmful components.
• That any information on the Website is current, complete, or fit for any particular purpose.

The Website relies on third-party hosting, DNS, content delivery, and email services. Bluenode is not responsible for any outage, downtime, throttling, or change of terms by any third-party provider, including (without limitation) Vercel, Afrihost, Resend, and Cloudflare.

Nothing on the Website is intended to be, and nothing should be taken as, legal, financial, medical, or other professional advice. Engaging Bluenode for a service requires a signed Service Agreement.

8. Limitation of Liability

To the maximum extent permitted by law, Bluenode is not liable for any loss or damage of any kind arising out of or in connection with your use of, or inability to use, the Website, including:

• Any direct, indirect, incidental, consequential, special, or punitive loss or damage.
• Any loss of profit, revenue, business, goodwill, anticipated savings, or data.
• Any loss or damage caused by a virus, malware, denial-of-service attack, or other harmful technology that may affect your device, software, or data as a result of your use of the Website.

Where any liability of Bluenode is not excluded by law, Bluenode’s total aggregate liability to you under or in connection with these Terms is limited to R1,000 (one thousand South African Rand).

Nothing in these Terms excludes or limits any liability that cannot, by law, be excluded or limited, including liability for fraud or gross negligence.

9. Indemnity

You agree to indemnify Bluenode against all claims, costs, damages, losses, and expenses (including reasonable legal fees on the attorney-and-client scale) arising out of or in connection with:

• Your use of the Website.
• Any breach by you of these Terms.
• Any content or information you submit through the Website.
• Any breach by you of any applicable law, including POPIA.

10. Third-Party Links

The Website may contain links to third-party websites or services. Those links are provided for convenience only. Bluenode does not control and is not responsible for the content, policies, or practices of any third-party website. Your use of any third-party website is at your own risk and subject to the terms of that website.

11. Suspension and Termination

Bluenode may, at any time and without notice, modify, suspend, or discontinue the Website (in whole or in part), or restrict any user’s access to the Website. Bluenode will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

12. Changes to These Terms

Bluenode may update these Terms from time to time. The current version is always published on the Website and the “Last Updated” date at the top of these Terms shows when they last changed. Your continued use of the Website after a change has been published is treated as acceptance of the updated Terms.

13. Compliance with Law

• These Terms are intended to comply with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), the Consumer Protection Act 68 of 2008 (“CPA”) where applicable, and the Protection of Personal Information Act 4 of 2013 (“POPIA”).
• Nothing in these Terms is intended to deprive any consumer of any right that cannot lawfully be excluded or limited under the CPA or other applicable South African law.
• If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You submit to the non-exclusive jurisdiction of the Magistrates’ Court and the High Court of South Africa for the resolution of any dispute arising out of or in connection with these Terms or your use of the Website. You consent to the jurisdiction of the Magistrates’ Court even where the value of the claim would otherwise exceed Magistrates’ Court jurisdiction.

15. Contact Us

If you have any question about these Terms, contact us:

• Email: info@bluenode.co.za
• WhatsApp (only): +27 75 210 4147
• Web: www.bluenode.co.za