Terms of Service
Last updated: 7 April 2025
1. About These Terms
These Terms of Service (“Terms”) govern your use of the website located at www.roarexclamation.com and any services provided by Roar Exclamation (Pty) Ltd, a private company incorporated in the Republic of South Africa (“Roar Exclamation”, “we”, “us”, or “our”).
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please discontinue use of the website and do not engage our services.
2. Our Services
Roar Exclamation provides executive-level technology leadership and advisory services to businesses, including but not limited to:
- Fractional CTO — Part-time, embedded chief technology officer engagements.
- Agentic Compliance — AI-assisted regulatory compliance tooling and advisory, including POPIA, B-BBEE, and related frameworks.
- Cloud FinOps Audit — Cloud cost analysis, optimisation recommendations, and ongoing financial operations advisory.
- Technical Orchestration — Integration architecture, workflow automation, and SaaS consolidation advisory.
Specific deliverables, timelines, fees, and scope are governed by a separate written engagement agreement or statement of work signed between the parties.
3. Engagement and Payment
All engagements commence only upon execution of a written agreement or acceptance of a formal proposal. Fees are quoted in South African Rand (ZAR) unless otherwise agreed. Invoices are payable within 30 days of issue unless a different period is specified in writing.
Late payments accrue interest at the rate of 2% per month (or the maximum permitted under the National Credit Act, whichever is lower). We reserve the right to suspend services where payment remains outstanding beyond 14 days of the due date.
4. Intellectual Property
All materials, methodologies, frameworks, and deliverables created by Roar Exclamation prior to or independently of a client engagement (“Background IP”) remain the sole property of Roar Exclamation.
Bespoke deliverables created specifically for a client under a paid engagement (“Foreground IP”) vest in the client only upon full payment of all outstanding fees, unless the engagement agreement provides otherwise.
You may not reproduce, republish, or distribute any content from this website without our prior written consent.
5. Confidentiality
Both parties agree to treat all non-public information disclosed during an engagement as confidential. This obligation survives termination of the engagement for a period of three (3) years, unless the information enters the public domain through no fault of the receiving party, or disclosure is required by law or court order.
6. Limitation of Liability
To the fullest extent permitted by South African law, Roar Exclamation's aggregate liability for any claim arising from or related to these Terms or any engagement shall not exceed the total fees paid by the client in the three (3) months preceding the event giving rise to the claim.
We shall not be liable for any indirect, incidental, consequential, or special loss or damage (including loss of profits, revenue, or data), even if advised of the possibility of such loss.
Nothing in these Terms excludes liability for fraud, gross negligence, or wilful misconduct.
7. Warranties and Disclaimers
Our services are provided on a professional-advisory basis. While we apply reasonable skill and care, we do not warrant that our recommendations will result in any specific financial, compliance, or operational outcome.
The content on this website is provided for general information only and does not constitute legal, financial, or regulatory advice.
8. Third-Party Tools and Integrations
Our services may involve recommending or implementing third-party software, cloud platforms, or automation tools. We are not responsible for the availability, security, or performance of those third-party platforms, nor for any changes to their pricing or terms.
9. Termination
Either party may terminate an engagement by providing 30 days written notice, unless the engagement agreement specifies a different notice period. Upon termination, the client shall pay all fees accrued up to the effective termination date.
We may suspend or terminate access to our website or services immediately where we reasonably believe a user is acting in breach of these Terms or applicable law.
10. Data Protection
We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy, which is incorporated into these Terms by reference.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg, for the resolution of any disputes, without prejudice to either party's right to seek urgent interim relief in any competent court.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute in good faith through senior management escalation within 14 days of written notice of the dispute.
12. Amendments
We may update these Terms from time to time. Material changes will be communicated via email to clients with active engagements. Continued use of our website or services after updated Terms have been published constitutes acceptance of the revised Terms.
13. Contact Us
For any queries regarding these Terms, please contact our legal team at: legal@roarexclamation.com