These Terms & Conditions ("Terms") govern your use of the MIOCOT website and the procurement of services offered by MIOCOT (Pty) Ltd ("MIOCOT", "we", "us", or "our"), including complimentary discovery consultations, diagnostic audits, and paid technology consulting.
1. Introduction & Acceptance
By accessing miocot.com, booking any complimentary or paid sessions, or remitting payments, you agree to be bound by these Terms, our Privacy / POPIA Policy, and our Refund / Cancellation Policy. If you do not agree to these Terms, please do not use our services.
2. Definitions
- "Client" / "User": Any individual or juristic entity visiting the website, registering for sessions, or contracting services from MIOCOT.
- "Complimentary Sessions": Non-chargeable discovery calls, preliminary consultations, or exploratory diagnostic discussions offered free of financial charge.
- "Paid Services": Architecture audits, diagnostic reviews, engineering implementation, and strategic advisory services billed for a fee.
- "Ozow": Ozow (Pty) Ltd, the authorized third-party payment gateway facilitating instant Electronic Funds Transfers (EFT).
- "Deliverables": Diagnostic reports, documentation, software configurations, or consulting artifacts produced for the Client.
3. Description of Services
MIOCOT provides specialized digital advisory, system architecture assessments, technical debt diagnostics, and engineering development. Preliminary exploratory sessions may be provided free of charge at our discretion. Comprehensive diagnostic audits, advisory retainers, and implementation sprints are provided as Paid Services.
4. Bookings & Quotations
All bookings submitted through our website constitute an application for engagement:
- Complimentary Bookings: Complimentary or exploratory sessions are subject to consultant capacity and calendar availability. MIOCOT reserves the right to accept, reschedule, decline, or reallocate complimentary bookings at any time without penalty or liability.
- Paid Bookings: Paid diagnostic audits or advisory bookings are confirmed upon successful settlement via our payment processor. Written quotations provided by MIOCOT remain valid for the period specified in the quotation.
5. Fees, Currency & Taxes
All fees published on our site are denominated in South African Rand (ZAR) unless explicitly indicated otherwise. Where applicable, statutory Value-Added Tax (VAT) is indicated during checkout or on formal tax invoices in accordance with the Value-Added Tax Act 89 of 1991. Complimentary sessions incur no financial charges or hidden fees.
6. Payment & Ozow
Online transactions for Paid Services are facilitated securely via Ozow (Pty) Ltd:
- Ozow operates as an independent, regulated third-party payment intermediary facilitating Instant EFT transactions directly with registered South African financial institutions.
- Security & Privacy: MIOCOT does not intercept, collect, or store your online banking credentials, passwords, or credit card details. All authentication occurs entirely within Ozow’s encrypted payment rail.
- Complimentary sessions bypass the payment gateway entirely and require no payment details.
- By completing payment through Ozow, you agree to comply with Ozow’s Terms & Conditions and Ozow’s Privacy Policy.
7. Client Responsibilities
Clients agree to supply accurate contact details, attend scheduled appointments promptly, and provide relevant architectural context or systems access where necessary to perform the agreed audit or diagnostic scope.
8. Intellectual Property
MIOCOT retains ownership, copyright, and all intellectual property rights in our proprietary audit frameworks, assessment tools, diagnostic models, and digital content. Subject to full settlement of applicable fees for Paid Services, the Client is granted a non-exclusive, perpetual, worldwide license to use the final custom Deliverables generated specifically for their organization.
9. Confidentiality
Both parties agree to treat all business systems, proprietary source code, operational frameworks, and strategic discussions disclosed during both complimentary and paid engagements as strictly confidential, in harmony with our Privacy / POPIA Policy.
10. Warranties & Disclaimers
All advisory services, whether complimentary or paid, are delivered with professional care and skill. However, diagnostics and technical evaluations are advisory in nature; MIOCOT does not warrant that advisory findings or architectural recommendations will guarantee complete immunity from software bugs, security incidents, or infrastructure disruptions.
11. Limitation of Liability
To the fullest extent permitted under South African law, including the Consumer Protection Act 68 of 2008:
- For Complimentary Sessions: MIOCOT provides non-chargeable sessions on an "as-is" basis and bears zero aggregate liability (R0.00) arising from reliance on exploratory calls or advice.
- For Paid Services: MIOCOT’s total cumulative liability in contract, delict, or otherwise shall not exceed the actual fees paid by the Client for the specific engagement giving rise to the claim.
- Neither party is liable for indirect, incidental, punitive, or consequential damages.
12. Indemnity
You agree to defend and hold harmless MIOCOT (Pty) Ltd, its directors, and personnel from any third-party claims or damages resulting from your breach of these Terms or misuse of our digital platforms.
13. Term, Suspension & Termination
Either party may terminate an engagement if the other party breaches these Terms. Where paid software delivery contracts feature MIOCOT's 90-Day Milestone Guarantee, milestone completion and termination criteria are governed by the dedicated Service Level Agreement executed between the parties.
14. Force Majeure
Neither party will be held responsible for failure or delay in fulfilling performance obligations caused by events outside reasonable control, including electrical grid outages, telecommunication carrier failures, civil disruption, natural disasters, or statutory directives.
15. Dispute Resolution
Should a dispute arise, the parties will first seek an amicable resolution through informal executive discussions within 14 calendar days. Unresolved disputes shall be referred to mediation or expedited arbitration in Cape Town under the rules of the Arbitration Foundation of Southern Africa (AFSA).
16. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town).
17. Amendments
MIOCOT reserves the right to amend these Terms at any time. Revised Terms take effect immediately upon publication on this website.
18. Contact
For questions or formal correspondence regarding these Terms:
- Entity: MIOCOT (Pty) Ltd (Registration: 2025/517588/07)
- Address: 1st Floor, Foyer 3, The Colosseum, Century Way, Century City, 7441, Cape Town, South Africa
- Email: info@miocot.com · admin@miocot.com
- Telephone: +27 61 523 0101