Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Tapnet (Pty) Ltd ("Company", "we", "us", or "our"), a company registered in South Africa. By accessing or using our website (tapnet.co.za) and services, you agree to be bound by these Terms and our Privacy Policy.

2. Definitions

• "Services" means all web development, software development, SEO services, and related services provided by Tapnet
• "Client" or "you" means the individual or entity using our services
• "Agreement" means these Terms together with any service-specific agreements or quotations
• "Deliverables" means the final products, services, or work product provided under an agreement
• "Intellectual Property" means all copyrights, trademarks, patents, and other proprietary rights

3. Services Offered

Tapnet provides the following services:

• Web Development: Next.js websites, custom web applications, and responsive designs
• Software Development: Custom business software, CRM systems, inventory management, and bespoke applications
• SEO Services: Search engine optimization, content strategy, and digital marketing
• Consulting: Technical consulting and digital strategy services

All services are subject to availability and capacity. We reserve the right to refuse service to any client for any lawful reason.

4. User Obligations and Acceptable Use

You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Comply with all applicable South African laws and regulations
• Not use our services for any illegal or unauthorized purpose
• Not transmit viruses, malware, or harmful code
• Not attempt to gain unauthorized access to our systems
• Not interfere with other users' access to services
• Not reproduce, duplicate, or exploit our services without permission

5. Payment Terms and Pricing

5.1 Pricing

All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. Prices are subject to change with 30 days' notice for ongoing services.

5.2 Payment Schedule

• Project-Based Services: Typically 50% upfront deposit, 50% upon completion
• Monthly Services: Payable in advance on the 1st of each month
• Custom Quotes: Payment terms specified in individual agreements

5.3 Late Payment

Late payments will incur interest at the prescribed rate under the National Credit Act. We reserve the right to suspend services for accounts overdue by more than 14 days.

5.4 Refunds

Refunds are handled in accordance with the Consumer Protection Act 68 of 2008 and our specific refund policy detailed in individual service agreements.

6. Intellectual Property Rights

6.1 Ownership of Deliverables

Upon full payment, you will own the final deliverables created specifically for you. This excludes:

• Pre-existing materials, templates, or frameworks
• Third-party licensed components
• Our proprietary tools and methodologies

6.2 License to Use

We grant you a perpetual, non-exclusive license to use third-party components included in your deliverables, subject to those components' licenses.

6.3 Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless a confidentiality agreement prohibits such use.

6.4 Client Materials

You represent that any materials provided to us do not infringe on third-party intellectual property rights and grant us a license to use such materials in delivering services.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• Work will substantially conform to agreed specifications
• We have the right to provide the services offered
• Deliverables will not infringe third-party intellectual property rights (to the best of our knowledge)

7.2 Warranty Period

We provide a 30-day warranty on completed work for bug fixes and corrections, provided the issue is reported within this period and relates to the original scope of work.

7.3 Disclaimers

Except as expressly stated:

• Services are provided "as is" without warranties of any kind
• We do not guarantee specific business results or outcomes
• We are not responsible for third-party services, hosting, or platforms
• Website performance depends on factors outside our control (hosting, internet connectivity, etc.)

8. Limitation of Liability

8.1 Maximum Liability

Our total liability for any claims arising from services provided shall not exceed the total amount paid by you for the specific services giving rise to the claim, or R50,000, whichever is less.

8.2 Exclusions

We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of profits, revenue, or business opportunities
• Data loss not caused by our negligence
• Damages arising from your breach of these Terms
• Force majeure events beyond our reasonable control

8.3 Exceptions

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under South African law.

9. Indemnification

You agree to indemnify and hold harmless Tapnet, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any laws or third-party rights
• Content or materials you provide
• Your use of our deliverables

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the provision of services. This obligation survives termination of the agreement for a period of 5 years.

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

11. Termination

11.1 Termination by Client

You may terminate services by providing 30 days' written notice. You remain liable for payment of services rendered up to the termination date.

11.2 Termination by Us

We may terminate services immediately if:

• You breach these Terms
• Payment is 30 days overdue
• You engage in illegal activities
• Continuing service would harm our reputation or violate laws

11.3 Effect of Termination

Upon termination, you must immediately pay all outstanding amounts. You will receive deliverables completed up to the termination date, proportional to payment received.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa. The courts of Johannesburg, South Africa, shall have exclusive jurisdiction over any disputes.

12.2 Dispute Resolution Process

In the event of a dispute:

1. The parties will first attempt to resolve the matter through good faith negotiations
2. If unresolved within 30 days, either party may refer the matter to mediation
3. If mediation fails, the matter may be referred to arbitration in accordance with the Arbitration Act 42 of 1965
4. Either party may approach the courts for urgent interim relief

12.3 Consumer Protection

Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008 or Electronic Communications and Transactions Act 25 of 2002.

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to: natural disasters, civil unrest, labor strikes, telecommunications failures, power outages, pandemics, government actions, or acts of God.

The affected party must notify the other party promptly and use reasonable efforts to minimize the impact. If force majeure continues for more than 60 days, either party may terminate the agreement.

14. Data Protection and Privacy

We process personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy. By using our services, you consent to such processing and warrant that all data provided by you is accurate.

For full details on how we collect, use, and protect your data, please refer to our Privacy Policy at tapnet.co.za/privacy-policy.

15. Electronic Communications

By using our services, you consent to receive electronic communications from us as required by the Electronic Communications and Transactions Act (ECTA). We will communicate with you by email or by posting notices on our website. You agree that all agreements, notices, and other communications satisfy any legal requirement that such communications be in writing.

16. Changes to Terms of Service

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of services after changes constitutes acceptance of the modified Terms. Material changes will be notified via email or website notice at least 30 days in advance.

17. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any successor entity in the event of a merger, acquisition, or sale of assets.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under South African law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Tapnet regarding the use of our services and supersede all prior agreements and understandings.

20. Contact Information