Terms of Use

Version 1.0  ·  Effective date: 1 May 2026  ·  CloudMonkey (Pty) Ltd, South Africa

1. Parties and Definitions

• CloudMonkey — CloudMonkey (Pty) Ltd, a South African company providing managed infrastructure, AI, cloud, and related services.
• Customer — the natural person or juristic person who registers an account and subscribes to a CloudMonkey plan.
• Services — managed cloud hosting, AI agent provisioning, WhatsApp bot setup, domain management, email hosting, DevOps support, and any ancillary services described on the CloudMonkey website.
• Subscription — the recurring billing arrangement selected by the Customer, comprising a once-off setup fee and a monthly retainer.
• SLA — the Service Level Agreement which sets out uptime guarantees, response time commitments, and the 30-day money-back guarantee.

2. Acceptance of Terms

These Terms are accepted when you:

• Create an account on the CloudMonkey platform; or
• Click "Accept & Continue" on the SLA and Terms acknowledgement screen during sign-up; or
• Submit payment (card or EFT) for a CloudMonkey plan.

If you are signing up on behalf of a company or other juristic entity, you represent that you have authority to bind that entity to these Terms.

3. Services and Scope

3.1 Managed Plans

CloudMonkey offers tiered managed plans (Standard, Business, Enterprise). The scope of each plan, including included features, setup timelines, and pricing, is described on the pricing page at cloudmonkey.co.za/pricing. Features and pricing are subject to change with 30 days' written notice to existing subscribers.

3.2 Setup Fee

A once-off setup fee is charged immediately upon subscription. This fee covers environment provisioning, configuration, and initial build work. The setup fee is non-refundable except as provided under the 30-day money-back guarantee in the SLA.

3.3 Monthly Retainer

Monthly billing commences only after CloudMonkey has confirmed that the Customer's environment is live and operational. CloudMonkey will notify the Customer in writing (email) when recurring billing begins.

3.4 30-Day Money-Back Guarantee

Subject to the conditions in the SLA, if CloudMonkey fails to deliver a functional environment within the SLA timelines and fails to resolve a qualifying critical incident, the Customer may claim a full refund of the setup fee within 30 days of payment. The money-back guarantee does not apply to monthly recurring fees.

4. Customer Obligations

The Customer agrees to:

• Provide accurate and complete information during onboarding, including domain credentials, existing codebase access, third-party API keys, and contact details.
• Designate a single technical point of contact who is authorised to approve infrastructure changes on behalf of the Customer.
• Respond to CloudMonkey's requests for approvals and information within 2 business days. Failure to do so pauses the SLA clock.
• Not make unauthorised changes to the managed infrastructure without prior written approval from CloudMonkey.
• Keep account credentials confidential and notify CloudMonkey immediately of any suspected unauthorised access.
• Use the Services in compliance with all applicable South African laws, including the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Cybercrimes Act 19 of 2020, and the Protection of Personal Information Act 4 of 2013 ("POPIA").

5. Acceptable Use

You may not use CloudMonkey's infrastructure to:

• Host or distribute unlawful content, including content that infringes intellectual property rights.
• Conduct phishing, spam, or other deceptive practices.
• Launch denial-of-service attacks or engage in any activity that disrupts shared infrastructure.
• Store or process data in violation of POPIA or any applicable data protection law.
• Resell or sublicense CloudMonkey services without prior written consent.

Breach of the acceptable use policy may result in immediate suspension of Services without refund.

6. Payment Terms

• All prices are quoted in South African Rand (ZAR) and include VAT where applicable.
• Card payments are processed via Paystack. EFT payments must reference the unique reference code issued at sign-up.
• Monthly invoices are issued at the start of each billing cycle. Payment is due within 7 days of the invoice date.
• CloudMonkey reserves the right to suspend Services for accounts more than 14 days overdue and to terminate accounts more than 30 days overdue.
• Disputed invoices must be raised in writing within 7 days of the invoice date.

7. Intellectual Property

All intellectual property in the CloudMonkey platform, software, documentation, and branding remains the exclusive property of CloudMonkey (Pty) Ltd. The Customer retains ownership of all content, data, and applications hosted on the infrastructure. By using the Services, the Customer grants CloudMonkey a limited licence to access, process, and store Customer data solely to the extent necessary to deliver the Services.

8. Limitation of Liability

To the maximum extent permitted by South African law:

• CloudMonkey's aggregate liability to the Customer for any cause of action arising out of or related to these Terms or the Services shall not exceed the total fees paid by the Customer in the 3 months immediately preceding the event giving rise to the claim.
• CloudMonkey shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of data, loss of revenue, or loss of business opportunity.
• CloudMonkey shall not be liable for service interruptions caused by force majeure events, including load-shedding, ISP outages, natural disasters, or third-party SaaS failures beyond CloudMonkey's control.

9. Indemnification

The Customer indemnifies and holds harmless CloudMonkey, its directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) the Customer's breach of these Terms; (b) the Customer's use of the Services in violation of any law; or (c) any third-party claim relating to the Customer's content or data.

10. Termination

10.1 By the Customer

The Customer may cancel their subscription at any time by providing 30 days' written notice to hello@cloudmonkey.co.za. No refunds are due for unused portions of a prepaid period except as provided under the money-back guarantee.

10.2 By CloudMonkey

CloudMonkey may terminate these Terms immediately on written notice if: (a) the Customer breaches the acceptable use policy; (b) the Customer fails to pay within the overdue period; or (c) the Customer becomes insolvent or enters business rescue. CloudMonkey may also terminate with 30 days' notice for any other reason, in which case a pro-rata refund of prepaid monthly fees will be provided.

10.3 Effect of Termination

Upon termination, CloudMonkey will provide the Customer with a 14-day data export window. After this window, all Customer data may be permanently deleted.

11. Privacy and Data Protection

CloudMonkey processes personal information in accordance with POPIA. Our full Privacy Policy is incorporated by reference into these Terms. By accepting these Terms, you also accept the Privacy Policy.

12. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the non-exclusive jurisdiction of the courts of South Africa. Any dispute that cannot be resolved informally within 30 days of written notice shall be referred to mediation before either party may institute legal proceedings.

13. Changes to These Terms

CloudMonkey may update these Terms from time to time. Material changes will be communicated by email to registered Customers at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

14. Entire Agreement

These Terms, together with the Privacy Policy and any applicable SLA, constitute the entire agreement between the parties and supersede all prior representations, negotiations, or understandings relating to the subject matter hereof.

15. Contact Us

For any questions regarding these Terms, please contact us at:

• Email: legal@cloudmonkey.co.za
• General enquiries: hello@cloudmonkey.co.za
• Address: South Africa