Please read these terms carefully before using our website or engaging our services.
These Terms and Conditions ("Terms") govern your access to and use of the BantuTec website at bantutec.dev ("Website") and any professional services provided by BantuTec (Pty) Ltd ("BantuTec", "we", "us", or "our"), a company incorporated in the Republic of South Africa.
By accessing this Website, requesting a quotation, or entering into a service agreement with BantuTec, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Website and our services immediately.
BantuTec operates primarily in South Africa and Zambia. Where applicable, these Terms are supplemented by the legislation of the relevant jurisdiction in which services are rendered.
BantuTec provides professional software product development services, which may include but are not limited to:
The specific scope, deliverables, timelines, and pricing for each engagement are governed by a separate written Service Agreement or Statement of Work ("SOW") agreed between BantuTec and the client. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.
Our standard engagement model follows this process: initial consultation → quotation → deposit payment → prototype/design phase → client approval → development → testing → launch → post-launch support. Commencement of work is conditional on receipt of the agreed deposit.
All quotations are valid for 30 (thirty) calendar days from the date of issue unless otherwise stated. Quotations are not binding on BantuTec until accepted by the client in writing and the deposit is received.
A non-refundable deposit of the percentage stipulated in the relevant SOW is required before work commences. Remaining payments are due at the milestones specified in the SOW. BantuTec reserves the right to suspend or terminate services if payments are not received within 7 (seven) days of a due date.
Overdue invoices may attract interest at the rate of 2% per month compounded monthly, or the maximum rate permissible under the National Credit Act 34 of 2005 (South Africa), whichever is the lower. BantuTec further reserves the right to withhold delivery of final deliverables until all outstanding amounts are settled in full.
Unless otherwise agreed in writing, all amounts are quoted and payable in South African Rand (ZAR). For cross-border projects in Zambia, the invoicing currency will be specified in the SOW.
Upon receipt of full payment of all amounts due under the applicable SOW, BantuTec assigns to the client all intellectual property rights in the bespoke software, code, and design deliverables specifically created for that client under that SOW, to the extent permitted by law.
BantuTec retains ownership of all pre-existing intellectual property, methodologies, frameworks, tools, libraries, and reusable components developed independently of the client engagement ("BantuTec IP"). Where BantuTec IP is incorporated into client deliverables, BantuTec grants the client a non-exclusive, perpetual, royalty-free licence to use that BantuTec IP solely as part of the delivered product.
Deliverables may incorporate open-source software or third-party licensed components. The client is responsible for compliance with the applicable open-source and third-party licence terms. BantuTec will disclose material third-party components in the relevant SOW or project documentation.
All content on this Website — including text, graphics, logos, images, and software — is the property of BantuTec or its content suppliers and is protected by applicable copyright and trade mark laws. Unauthorised reproduction, distribution, or use is strictly prohibited.
The client agrees to:
Delays or additional costs arising from the client's failure to meet these responsibilities may result in revised timelines and additional charges, which will be communicated and agreed in writing.
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with an engagement ("Confidential Information") and not to disclose such information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under the relevant SOW.
This obligation of confidentiality shall survive termination of the engagement for a period of 3 (three) years.
BantuTec warrants that services will be performed with reasonable care and skill by suitably qualified personnel, and that deliverables will substantially conform to the agreed specifications at the time of delivery.
This Website and its content are provided "as is" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. BantuTec does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
BantuTec will remedy material defects in deliverables reported within 30 (thirty) days of delivery at no additional charge, provided such defects are not caused by client modifications, third-party software failures, or misuse.
To the maximum extent permitted by applicable law, BantuTec's total cumulative liability to the client for any cause whatsoever arising out of or in connection with a service engagement shall not exceed the total fees actually paid by the client to BantuTec under the relevant SOW in the 12 (twelve) months preceding the event giving rise to the claim.
In no event shall BantuTec be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, whether arising in contract, delict (tort), or otherwise, even if BantuTec has been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded or limited under applicable law, including the Consumer Protection Act 68 of 2008 (South Africa).
Either party may terminate a service engagement on 30 (thirty) days' written notice. BantuTec may terminate immediately upon written notice if the client: (a) fails to make payment within 14 days of a due date; (b) materially breaches these Terms or the relevant SOW and fails to remedy such breach within 7 days of written notice; or (c) becomes insolvent, is wound up, or enters into business rescue proceedings.
Upon termination, the client shall pay BantuTec for all work completed and expenses incurred up to the date of termination. Non-refundable deposits shall be retained by BantuTec as agreed.
BantuTec processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy, which is incorporated into these Terms by reference. By engaging BantuTec's services, you consent to the processing of your personal information as described in our Privacy Policy.
Where BantuTec processes personal information on behalf of a client as an operator, the parties will enter into a written data processing agreement as required under POPIA.
You agree not to use this Website to:
This Website may contain links to third-party websites for your convenience. BantuTec does not endorse or take responsibility for the content, privacy practices, or services of any linked third-party website. You access such websites at your own risk.
BantuTec shall not be liable for any delay or failure to perform its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, government action, power or internet outages, or failure of third-party suppliers.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa, save that either party may seek urgent or interim relief in any competent court.
The parties agree to attempt to resolve any dispute by good-faith negotiation before initiating formal legal proceedings.
BantuTec reserves the right to update these Terms at any time. Material changes will be communicated by updating the effective date at the top of this page. Continued use of the Website or our services after such changes constitutes acceptance of the revised Terms. We recommend reviewing this page periodically.
If you have any questions regarding these Terms, please contact us: