Terms of Service

Terms of Service

Effective Date: 26 August 2024

These Terms of Service (“Terms,” “Agreement”) govern your use of the services provided by Vibrant International Mining Services (“we,” “our,” “us”). By accessing or using our services, you agree to comply with and be bound by these Terms.

1. Acceptance of Terms

• Binding Agreement: By using our services, you agree to these Terms. If you do not agree, please do not use our services.
• Updates to Terms: We may update these Terms from time to time. Any changes will be posted on this page, and we will notify you of significant changes. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

2. Services We Provide

• Scope of Services: We offer a range of mining-related services, including but not limited to plant hire, contract mining, load and haul services, and mine maintenance.
• Service Availability: Our services are subject to availability, and we reserve the right to modify, suspend, or discontinue any service at any time without prior notice.

3. User Responsibilities

• Accurate Information: You agree to provide accurate, current, and complete information when engaging with our services.
• Compliance: You must comply with all applicable laws, regulations, and these Terms when using our services.
• Prohibited Actions: You agree not to misuse our services, including but not limited to engaging in illegal activities, violating the rights of others, or interfering with the operation of our services.

4. Payment and Fees

• Pricing: All services provided by us are subject to agreed-upon pricing. Fees are specified in the service agreement or invoice.
• Payment Terms: Payments are due according to the terms specified in the service agreement or invoice. Late payments may incur additional charges or result in the suspension of services.
• Taxes: You are responsible for any taxes, duties, or fees associated with your use of our services.

5. Intellectual Property

• Ownership: We retain all rights, title, and interest in our intellectual property, including but not limited to trademarks, logos, and service content.
• License: We grant you a limited, non-exclusive, non-transferable license to use our services for their intended purpose, subject to these Terms.
• Restrictions: You may not reproduce, distribute, modify, or create derivative works from our intellectual property without our prior written consent.

6. Limitation of Liability

• No Warranty: Our services are provided “as is” and “as available.” We do not guarantee the accuracy, completeness, or reliability of our services.
• Liability Cap: To the maximum extent permitted by law, our liability to you for any claims arising from or related to the use of our services is limited to the amount you paid us for the services in question.
• Indemnification: You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our services or breach of these Terms.

7. Termination

• Termination by Us: We may terminate or suspend your access to our services at any time, with or without cause, and without prior notice.
• Termination by You: You may terminate your use of our services at any time by notifying us in writing.
• Effect of Termination: Upon termination, your right to use our services will immediately cease, but the provisions of these Terms that by their nature should survive termination will remain in effect.

8. Governing Law

• Jurisdiction: These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising from or related to these Terms or our services will be resolved through binding arbitration in South Africa, except where prohibited by law.

9. Confidentiality

• Confidential Information: You agree to keep confidential any non-public information shared with you in the course of using our services.
• Disclosure: You may not disclose our confidential information to any third party without our prior written consent, except as required by law.

10. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
• Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of our services and supersede any prior agreements or understandings.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Contact Us

• Inquiries: If you have any questions or concerns about these Terms, please contact us at:
  • Email: info@vibrantinternationalmining.co.za
  • Phone: 079 078 8759