Cancellation policy.

1. Introduction

This Cancellation Policy explains how you and Servana Pty Ltd (“Servana”, “we”, “us”, “our”) may cancel a professional services engagement (such as an ISO/IEC 27001, 27701 or 42001 certification readiness or POPIA compliance project). It forms part of our Terms of Service and should be read together with our Refund Policy.

We keep cancellation straightforward and fair. This policy tells you how to cancel, what notice applies, what happens to your information, and what fees may remain payable.

2. Your statutory rights come first

Nothing in this policy limits or replaces your rights under South African law, including the Consumer Protection Act, 2008 (“CPA”) and the Electronic Communications and Transactions Act, 2002 (“ECTA”). Where the law gives you a stronger cancellation right than this policy, that right applies. If you are a consumer under the CPA, the CPA’s rules on fixed-term agreements, cooling-off, and early cancellation remain fully available to you.

3. Definitions

In this policy:

• “Engagement” means professional services delivered under a proposal, order form or statement of work.
• “Business day” means any day other than a Saturday, Sunday, or official public holiday in South Africa.
• “Fixed-term agreement” means an agreement for a set period, as contemplated by section 14 of the CPA where that section applies.

4. Cooling-off cancellation for online purchases (ECTA)

Where you are a consumer and bought a Service as an electronic transaction over the Website, ECTA may give you the right to cancel within seven (7) business days without reason and without penalty, subject to the limits described in our Refund Policy. This cooling-off right does not apply once the supply of a Service has begun with your consent within that window. To exercise a cooling-off cancellation, email us as set out in clause 10 within the seven-business-day period.

5. Fixed-term agreements and early cancellation (CPA)

Where section 14 of the CPA applies to you (generally, where you are a natural person or small business on a fixed-term agreement), you may cancel the agreement:

• at the end of the term, or
• early, at any time, by giving us 20 business days’ written notice.

If you cancel early under this clause, you remain liable for amounts owed up to the cancellation date, and we may charge a reasonable cancellation penalty as permitted by the CPA. A reasonable penalty takes into account the value of the transaction, what you have already paid, the benefit you received, the duration remaining, and the cost to us of the early cancellation. We will not charge a penalty where the CPA does not permit one.

6. Cancelling a services engagement

For an Engagement, either party may cancel by written notice in accordance with the applicable proposal. Unless your proposal says otherwise:

• please give us at least 5 business days’ notice before a scheduled start date;
• if you cancel before work begins, any refund is handled under the Refund Policy, less any non-refundable deposit clearly identified in your proposal;
• if you cancel after work has begun, you remain liable for work already performed and for reasonable, unavoidable costs already committed on your behalf; and
• once deliverables have been provided, the associated fees are earned.

We would usually rather reschedule than cancel — see the next clause.

7. Rescheduling an engagement

If you need to move a booked date, tell us as early as possible. Where you reschedule with at least 5 business days’ notice, we will move your booking at no charge, subject to availability. Late rescheduling (less than 5 business days before the booked date) may attract a reasonable fee to cover the capacity we reserved and cannot re-fill; where possible we credit that fee against your rescheduled work rather than charging it in addition.

8. Automatic renewals and renewal notices

A fixed-term agreement may renew automatically where the agreement provides for it. Where the CPA applies to a fixed-term agreement, we will notify you in writing of the pending expiry and any material changes between 40 and 80 business days before the term ends, and remind you of your right not to renew. If you take no action, the agreement continues on a month-to-month basis (or renews for a further term where the law permits and you have agreed), and you may then cancel as set out above.

9. Cancellation by us

We may suspend or cancel an Engagement:

• where you materially breach the Terms of Service or an Engagement agreement and, where the breach can be fixed, do not fix it within a reasonable time after we ask you to;
• where fees remain unpaid after their due date and reasonable notice;
• where required by law or to comply with a lawful instruction; or
• where continuing would expose us or others to unacceptable legal, security, or safety risk.

Where we cancel for our own convenience rather than for your breach, we will give you reasonable notice and refund amounts paid for work not yet delivered, in line with the Refund Policy.

10. How to cancel

To cancel an Engagement:

• email [email protected] or notify your Servana contact in writing; or
• use the contact page and tell us what you would like to cancel.

Please include your name, the proposal or invoice number, and the Engagement concerned. We will confirm your cancellation in writing and tell you the effective date.

11. Effect of cancellation

When a cancellation takes effect:

• work on the Engagement stops on the effective date, or immediately where we cancel for cause;
• any fees properly due up to the cancellation date remain payable;
• refunds, if any, are handled under the Refund Policy; and
• clauses of the Terms of Service that are meant to survive termination (such as confidentiality, intellectual property, and limitation of liability) continue to apply.

12. Your information after cancellation

After cancellation, Engagement information is handled in line with the retention terms of that Engagement and our Privacy Policy.

13. Changes to this policy

We may update this Cancellation Policy from time to time. The current version is always available on this page, with the “last updated” date shown at the top. The policy in force when you entered into your Engagement applies to it, except where a change is required by law. Your continued use of our Services after an update takes effect constitutes acceptance of the updated policy.

14. Contact us

For any question about cancellation, contact us at [email protected], or reach us through the contact page and a person will reply.