Terms & Conditions
Last updated: 9 April 2026
- Definitions
1.1 “Server Site” means Server Site (Pty) Ltd, registration number 2023/589876/07.
1.2 “Website” means the Server Site website.
1.3 “Goods” means any products sold or offered for sale by Server Site.
1.4 “Policies” means the Warranty Policy, Returns Policy, Privacy & POPIA Notice, Cookies Explained page, and any other policy published on the Website and stated to form part of these Terms.
1.5 “CPA” means the Consumer Protection Act 68 of 2008.
1.6 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
- Introduction
2.1 Server Site is a supplier of refurbished, used and enterprise IT hardware including servers, storage equipment, networking equipment, telephony equipment and related parts.
2.2 These Terms are binding on every person who uses the Website or buys Goods from Server Site.
2.3 By using the Website or placing an order, you agree to these Terms and the Policies.
2.4 If you do not agree, do not use the Website or place an order.
2.5 Nothing in these Terms is intended to contravene the CPA, ECTA, POPIA or any other applicable law, or unlawfully limit your rights or our obligations where the law applies.
- Business-use and legal position
3.1 Server Site primarily supplies business and professional customers.
3.2 By placing an order, you warrant that you are purchasing the Goods for business or professional use.
3.3 If you are a juristic person, you further warrant, unless disclosed to us in writing before the sale, that your asset value or annual turnover equals or exceeds R2,000,000.
3.4 Where any customer is entitled to protection under the CPA, ECTA or any other law as a matter of law, including a natural person, sole proprietor or juristic person below the applicable threshold, these Terms must be read subject to that law to the extent required.
3.5 Nothing in these Terms is intended to exclude or limit any liability or obligation that cannot lawfully be excluded or limited, including where sections 60 and 61 of the CPA apply.
- ECTA supplier information
4.1 For purposes of electronic transactions, our supplier details are:
Server Site (Pty) Ltd
Registration number: 2023/589876/07
Physical address: 6 Burke Street, Kensington B, Randburg, 2194, South Africa
Telephone: 010 001 1116
Email: [email protected]
4.2 Where section 43 of ECTA applies, the full price payable, including VAT and any delivery or handling charges, will be shown or made available before the relevant order is finally submitted.
4.3 Where section 46 of ECTA applies, goods will be delivered within the statutory period unless a different delivery period is agreed.
- Who may use the Website
5.1 By using the Website, you warrant that you are 18 or older and have the legal capacity to enter into a binding agreement.
5.2 If you act on behalf of a company, trust, partnership or other entity, you warrant that you have authority to bind that entity.
- Amendments
6.1 We may update these Terms and/or the Policies from time to time.
6.2 The version published on the Website at the time the order is placed will apply to that order, unless a later version is required by law.
- Website ownership and acceptable use
7.1 The Website and its content are owned by or licensed to Server Site.
7.2 All copyright, design, layout, text, graphics, logos and other intellectual-property rights in the Website are reserved.
7.3 Third-party brand names, product names and trade marks appearing on the Website remain the property of their respective owners and are used for identification and compatibility reference purposes only.
7.4 You may not misuse the Website, attempt to gain unauthorised access, introduce malicious code, interfere with its operation, scrape it unlawfully, or infringe our intellectual property or the rights of others.
7.5 We may suspend, restrict or terminate access to the Website if you breach this clause.
- Electronic communications
8.1 When you use the Website or communicate with us electronically, you consent to receiving communications from us electronically.
8.2 Electronic communications satisfy any legal requirement for communications to be in writing, to the extent recognised under ECTA.
- Orders, quotations, pricing and payment
9.1 An online order, accepted quotation or confirmed purchase order constitutes an offer to buy.
9.2 We accept the order when we issue written confirmation, invoice confirmation, payment confirmation or otherwise expressly confirm acceptance.
9.3 Prices are in South African Rand unless stated otherwise.
9.4 Unless expressly stated otherwise, prices are exclusive of VAT. VAT will be added at the applicable rate.
9.5 Delivery, handling, insurance, export, customs, duties or similar charges, where applicable, may be charged separately and will be shown on the quotation, checkout, invoice or other order document.
9.6 Stock, pricing and availability are subject to final confirmation.
9.7 If there is a clear pricing, stock or description error, we may correct it or cancel the transaction and refund any amount already paid.
9.8 Quotations and pro forma invoices are subject to stock on hand and do not reserve stock.
9.9 Stock is generally only allocated once cleared funds are received, unless we agree to credit terms in writing.
9.10 We may require proof of identity, company details, payment confirmation or other verification before processing an order.
9.11 We may refuse or cancel any order, with a refund if already paid, where fraud is suspected, stock is unavailable, a material error occurred, or we reasonably believe the transaction should not proceed.
- Overdue accounts, interest and collection costs
10.1 Where credit terms have been granted, all amounts must be paid strictly in accordance with those terms.
10.2 Server Site may charge interest on overdue amounts at a rate equal to 2% above the prime lending rate quoted from time to time by Server Site’s principal bankers, calculated from due date to date of payment, subject to any applicable law.
10.3 We may suspend performance, withhold further deliveries, revoke credit terms or require upfront payment while any amount remains overdue.
10.4 The customer will be liable for reasonable collection costs, tracing costs and legal costs incurred in recovering overdue amounts, including attorney-and-client costs where lawfully recoverable.
10.5 The customer may not withhold payment or set off any amount due to Server Site against any claim, dispute or counterclaim, unless agreed by Server Site in writing or ordered by a court or arbitrator.
- Delivery, collection, risk and ownership
11.1 Any delivery dates are estimates unless expressly agreed in writing.
11.2 For business / non-CPA customers, risk in the Goods passes on dispatch or collection, whichever occurs first.
11.3 For customers to whom the CPA or ECTA applies in a manner that regulates passing of risk, risk passes as required by applicable law.
11.4 Ownership of the Goods passes only once Server Site has received payment in full.
11.5 The customer must inspect the Goods on delivery or collection and report visible shortages, transit damage or incorrect supply within 48 hours.
- Product information, refurbished stock and suitability
12.1 Product descriptions, photos, model references, specifications and compatibility indications are provided in good faith but may not capture every hardware revision, cosmetic mark, firmware level or part-number variation.
12.2 Refurbished and used enterprise equipment may show cosmetic wear, labels, minor chassis marks, replaced parts or non-original packaging.
12.3 Minor differences that do not affect core functionality do not constitute defects.
12.4 The customer remains responsible for checking that the Goods are suitable and compatible for the customer’s intended use, environment, software stack, licensing model, workload and infrastructure.
12.5 No return or refund will be due merely because the customer ordered incorrectly, assumed compatibility, or later found the Goods unsuitable for its intended environment, subject to any law that cannot be excluded.
- Hardware-only / no support / no licences
13.1 Unless expressly stated otherwise in writing, Goods are sold as hardware only.
13.2 Unless expressly listed, the sale does not include:
- an operating system;
b. software;
c. software support;
d. RAID setup or RAID configuration;
e. installation or integration services;
f. on-site support;
g. remote-management advanced licences;
h. Cisco, Sophos or other third-party licences or subscriptions;
i. OEM support entitlements;
j. paid service-pack or firmware entitlement access; or
k. any accessory, extra or service not expressly listed.
13.3 The customer is responsible for ensuring that suitably qualified personnel install, configure, update and operate the Goods.
- Warranty and returns
14.1 Warranty terms, periods, inclusions and exclusions are set out in our Warranty Policy, which forms part of these Terms.
14.2 Returns are governed by our Returns Policy, which forms part of these Terms.
14.3 The customer must read those policies together with these Terms.
- Customer conduct and warranty-voiding conduct
15.1 The customer must not misuse, abuse, tamper with, materially modify or improperly install the Goods.
15.2 The customer must not swap components, remove parts, alter serial-linked configurations or otherwise interfere with the supplied hardware in a way that prejudices testing or warranty validation.
15.3 The customer must maintain proper power, cooling, handling and environmental conditions.
15.4 Damage or faults caused by improper installation, poor cooling, excessive dust, unstable power, surges, misuse, unauthorised modifications, malware, hacking or operation outside intended use or manufacturer specifications are excluded.
- International sales and exports
16.1 Unless expressly quoted otherwise, prices do not include international shipping, export packing, import duties, taxes, customs clearance charges, local destination charges or similar cross-border costs.
16.2 The customer is responsible for complying with the laws, import requirements, licensing requirements and technical regulations of the destination country.
16.3 Any export documentation, customs process, freight routing, insurance or special packing arranged by Server Site will be done at the customer’s cost unless we expressly agree otherwise in writing.
16.4 South African law governs the sale unless we expressly agree otherwise in writing.
- Limitation of liability
17.1 To the fullest extent permitted by law, Server Site is not liable for any indirect, special, incidental or consequential loss or damage.
17.2 Without limiting clause 17.1, Server Site is not liable for any:
- data loss or data corruption;
b. downtime;
c. loss of production;
d. loss of profits;
e. loss of business or contracts;
f. reinstallation or reconfiguration costs;
g. third-party contractor costs;
h. courier delay losses; or
i. cyber, malware or security-related loss,
arising from or relating to the Goods, their failure, their use, delayed delivery, or any warranty process.
17.3 The customer buys and uses the Goods on the basis that Server Site supplies hardware and is not the customer’s managed support provider, software provider, cyber-security provider or systems integrator.
17.4 To the extent that any liability is nevertheless established against Server Site, and to the extent permitted by law, that liability will be limited to the price actually paid by the customer for the specific affected item.
17.5 Clauses 17.1 to 17.4 do not exclude or limit any liability or obligation that cannot lawfully be excluded or limited.
- Indemnity
18.1 To the fullest extent permitted by law, the customer indemnifies and holds harmless Server Site, its directors, staff and agents against any loss, claim, damage, cost or liability arising from:
- the customer’s installation, configuration, integration, use or misuse of the Goods;
b. the customer’s failure to back up or protect data;
c. any third-party claim arising from the customer’s systems, networks, software, licences or services;
d. any modification, tampering or misuse of the Goods after delivery; or
e. any breach by the customer of these Terms.
18.2 This indemnity does not apply to the extent prohibited by law.
- Privacy and POPIA
19.1 We process personal information in accordance with our Privacy & POPIA Notice.
19.2 That Notice explains what we collect, why we collect it, how we share it, how long we keep it and what rights you may have.
- Cookies
20.1 This Website uses cookies and similar technologies.
20.2 Details are set out in our Cookies Explained page.
- Third-party services and links
21.1 The Website may contain links to third-party websites, payment gateways, couriers, portals or service providers.
21.2 These are independent from Server Site and we are not responsible for their content, availability, security or privacy practices.
- Force majeure
22.1 Server Site will not be liable for any delay or failure caused by events beyond our reasonable control, including supplier failure, courier disruption, strikes, riots, power failures, telecommunications failure, cyber incidents, natural disasters or governmental action.
22.2 Server Site will notify the customer as soon as reasonably practicable of any force majeure event that materially affects performance of the order.
- Disputes and arbitration
23.1 Before referring a dispute to arbitration, the parties must first attempt in good faith to resolve the dispute by written notice and negotiation for at least 10 business days.
23.2 If the dispute is not resolved, then, to the extent permitted by law and except where the CPA gives a customer the right to approach a court, tribunal or ombud, any dispute arising from these Terms, the Website or any sale may, at Server Site’s election, be referred to arbitration in Johannesburg, South Africa.
23.3 The arbitration will be held in Johannesburg at a venue determined by Server Site, before a single arbitrator agreed between the parties, failing which appointed by AFSA.
23.4 The arbitration will be conducted in accordance with the Arbitration Act 42 of 1965 and, where appropriate, applying the Uniform Rules of the High Court of South Africa, subject to any directions by the arbitrator.
23.5 The arbitrator’s decision will be final and binding and may be made an order of court.
23.6 Nothing in this clause prevents either party from seeking urgent interim relief from a court with jurisdiction.
23.7 For customers to whom the CPA or ECTA gives access to a court, ombud, tribunal or other forum, this clause does not prevent use of that forum to the extent required by law.
- Governing law
24.1 These Terms and any sale are governed by the laws of the Republic of South Africa.
- Notices, cession and delegation
25.1 Server Site chooses as its domicilium citandi et executandi:
6 Burke Street, Kensington B, Randburg, 2194
Email for legal notices: [email protected]
25.2 The customer chooses as its domicilium the address and email details provided to Server Site in the order, invoice, account application or other written communication, unless changed by written notice.
25.3 Notices sent by email during business hours will be deemed received on the day of transmission, and after business hours on the next business day.
25.4 The customer may not cede, assign, transfer or delegate any of its rights or obligations under these Terms without Server Site’s prior written consent.
25.5 Server Site may cede, assign, transfer or delegate its rights or obligations on written notice to the customer.
- Entire agreement and severability
26.1 These Terms, together with the applicable quotation, invoice, order confirmation and Policies, constitute the whole agreement between the parties in relation to the relevant sale and Website use.
26.2 No additional term, undertaking or representation will bind Server Site unless recorded in writing and accepted by Server Site.
26.3 If any provision is found to be invalid, unlawful or unenforceable, it will be severable and the remaining provisions will remain in force.
- Waiver
27.1 Any indulgence, extension or failure by Server Site to enforce a right will not amount to a waiver of that right.