1. Electronic contracting (Chapter 7, ECT Act)
Agreements concluded with Cyntech by exchange of email, electronic order confirmation or click-acceptance on this website have the same validity, admissibility and enforceability as a paper-based agreement. By accepting an online order, signing a contract electronically or sending a binding email, you confirm you have legal capacity to contract.
2. Ordinary electronic signatures
Where the law does not require an advanced electronic signature, Cyntech accepts an "electronic signature" as defined in section 1 of the ECT Act — including typed names in email, scanned signatures, click-acceptance and signatures captured through reputable e-signing platforms (e.g. DocuSign, Adobe Sign). An ordinary electronic signature is valid for ordinary commercial contracts, purchase orders, NDAs and most engagement letters.
3. Advanced electronic signatures (AES)
Section 13(1) of the ECT Act requires an advanced electronic signature for documents where the law expressly requires a signature — including suretyships under the General Law Amendment Act, long-term agreements requiring signature, and certain regulated forms.
Cyntech uses an accredited authentication service provider — currently LAWtrust and the South African Post Office ("SAPO") — to issue AES certificates for documents requiring section 13(1) compliance. AES signatures are accompanied by the SAAA accreditation evidence on request.
4. Excluded transactions (section 4(4))
The ECT Act expressly excludes certain instruments from electronic execution, including:
- Wills and codicils;
- Long-term agreements for the sale of immovable property;
- Bills of exchange (cheques, promissory notes);
- Long-term leases of immovable property exceeding 20 years.
We will not seek or rely on electronic signatures for these instruments and will use wet-ink execution where required.
5. Consumer protection (Chapter 7, ECT Act)
Where Cyntech offers goods or services to consumers via this website, we comply with the disclosure requirements of section 43 (identity, contact details, full description, total price, return policy, cooling-off period). Section 44 cooling-off rights apply to qualifying transactions: a consumer may cancel without reason or penalty within 7 days, save where the transaction is excluded under section 42(2).
6. Data messages & record retention (Chapter 3)
Data messages exchanged with Cyntech satisfy the "writing", "signature" and "original" requirements of any law in the manner described in sections 12–15 of the ECT Act. We retain data messages required by law for the statutory period and apply the technical and organisational measures described in our Trust Centre.
7. Place & time of contract (sections 22–23)
Unless agreed otherwise, the place of formation of any agreement with Cyntech is the Republic of South Africa (where our place of business is situated), and the time of dispatch and receipt of data messages is determined in accordance with sections 22 and 23 of the ECT Act.
8. Questions
For AES certificates, e-signing portal access or queries on this notice, contact contracts@cyntech.co.za.
