Terms & Conditions South Africa
1. Introduction
Warp Development (Pty) Ltd (Company registration no: 2016/204995/07) of Fintech Campus Building No.2, Cnr Botterklapper & Illanga Road, The Willows, Pretoria 0081, South Africa (“Warp”) is a software development and AI consulting consultancy. These General Terms and Conditions govern your access to and use of our website, software, app development, design, managed IT and related services (collectively, the “Services”). By browsing our website, engaging our Services or making any payment, you agree to be bound by these Terms and Conditions in full. You must read, review and understand them before using our Services.
2. Effective Date
These Terms and Conditions take effect on 1 April 2025. We will update them as necessary and notify you of any amendments via our website and/or email.
3. Acceptance
We do not need additional formal acceptance. By accepting a project quotation, signing a master services level agreement, signing a resource schedule, or making a payment, you confirm that you have read, understood, and agree to be fully bound by these Terms and Conditions. Email confirmations or online payments also signify your acceptance.
4. Scope of Services or Products
Warp is a leading software development and AI consulting company offering innovative technology solutions. Our services include, but are not limited to:
- Strategy & Software Architecture Consulting: We provide Agile Consulting, AI Consulting, Business Intelligence, Digital Transformation, and Cloud & Infrastructure Consulting.
- Creative & User Experience Design: We deliver User Interface (UI) and User Experience (UX) Design, Prototyping, and related design services.
- Software Development: We create Custom Software, Content Management Systems, E-commerce Platforms, Mobile Apps, and Order Management Systems.
- Managed IT Services: We offer Data Backup and Recovery, IT Support, Web and Email Hosting, Hardware and Software Management, and IT Audits.
This section outlines our commitment to delivering clear benefits—from agile methodologies that enhance efficiency to innovative, scalable solutions tailored to your needs. We can provide illustrative examples and case studies detailing our project successes upon request. Any services or modifications beyond the outlined scope require separate agreements and may incur additional charges.
5. Charges and Payment Terms
Quotation and Pricing: We define service charges in the project proposal or quotation we send via email, and they remain valid for fourteen (14) days. Unless we specify otherwise, we quote fees ad hoc or as recurring billing (invoiced at agreed intervals).
Payment: As detailed in the issued invoices, you must pay by bank transfer. We typically require a deposit before the project begins, and the final invoice is due upon completion. We may also structure payments based on agreed milestones outlined in the project quotation or proposal. For ongoing services, such as monthly retainers, ongoing support, or service level agreements, we issue recurring invoices at the agreed intervals (e.g., monthly in arrears or as otherwise specified). Once you accept a quote, you become liable for 100% of the project cost.
Recurring Fees: For ongoing services such as domain registration, hosting, monthly retainers, or service level agreements (SLAs), you will incur recurring fees according to the terms outlined in the project proposal, Master Services Level Agreement, or Resource Schedule. We bill domain registration fees annually, which are non-refundable; hosting fees may be billed monthly or annually. We invoice monthly retainers or SLAs monthly in arrears.
Late Payment and Cancellation: If you delay payment, we may reschedule the project, incur additional charges, or cancel services. We will provide further details regarding late fees and cancellation penalties within the relevant quotation.
6. Client Review and Content Requirements
Design and Development Review: We provide opportunities for you to review project progress during development. We deem submitted materials accepted if you do not provide feedback within seven (7) days of the review.
Content Provision: You are responsible for the timely delivery of all required content (text, images, video, data, etc.). If you delay or fail to supply the necessary information, we may adjust the project timeline or cancel the project as detailed in Section 8.
7. Turnaround Time and Project Delivery
We commit to installing and launching the website or delivering services by the date we specify in the project proposal, subject to our receipt of the initial payment. You must designate a primary contact to ensure streamlined communication and progress throughout the project.
8. Failure to Provide Required Information
To maintain efficiency, you must provide all information and materials by the agreed deadlines. If you delay due to the non-provision of necessary content or information, we reserve the right to reschedule the project or cancel the project after six (6) weeks of inactivity. In such cases, you forfeit any deposit paid, and we will invoice you for the remaining balance immediately.
9. Additional Expenses
You agree to reimburse Warp for any additional expenses we incur during a project, such as purchasing unique fonts, stock photos, or other necessary third-party tools and materials.
By agreeing to these terms, you acknowledge and accept the abovementioned conditions.
10. Web Browser Compatibility and Third-Party Requirements
Browser Compatibility:
We develop web applications compatible with popular and current browsers (e.g., Google Chrome, Microsoft Edge, Safari). However, we cannot guarantee functionality with future or non-standard browsers.
Third-Party Services:
Some projects may involve integrating third-party software or services. We will notify you when we incorporate such components. While we assist with establishing connections, you are responsible for ongoing technical support for these third-party products.
11. Termination of Services
Termination by the Client:
You may terminate services by providing written notice (email is acceptable). This termination takes effect upon receipt of the notice, and we will invoice you for all work completed up to that point. Additional terms regarding project termination are outlined in project proposals, quotations, master service level agreements, and resource schedules.
Project Cancellation:
We may cancel the project if you fail to communicate or provide necessary materials, leading to prolonged delays. In such cases, you may forfeit any deposit, and we will require immediate payment of outstanding fees. Additional terms regarding project cancellation are outlined in project proposals, quotations, master service level agreements, and resource schedules.
12. Indemnity
You agree to indemnify and hold Warp, its employees, and agents harmless from any claims, losses, or damages arising from using our services or any breach of these Terms and Conditions.
13. Intellectual Property Rights and Copyright
Client Materials:
You retain ownership of all data, files, and creative content provided. You grant Warp non-exclusive right to use these materials solely for completing the project.
Warp Materials:
Our proprietary methodologies, software, designs, and creative work remain our intellectual property. You are responsible for obtaining permission to use third-party materials.
14. Standard Media Delivery
Unless otherwise specified, you should provide all text, images, and creative files in standard electronic formats (e.g., .jpeg, .png, .gif, .ai). We will typically deliver via email or FTP unless we agree on alternative arrangements.
15. Design, Design Credit, and Non-Refundable Deposits
We require a design deposit before starting any project. Once we commence design work, the deposit becomes non-refundable. If you change your mind after we begin work, you will forfeit the deposit, and we may apply additional charges based on the work performed. Unless otherwise agreed, we reserve the right to display the completed project in our portfolio.
16. Access Requirements
You must grant us secure access to necessary directories and resources for applications hosted on third-party servers. Failure to provide this access may delay our service delivery.
17. Post-Placement Alterations
We are not responsible for any changes or alterations that third parties make after completing the project. Any modifications required post-installation that affect performance or functionality may incur additional charges.
18. Domain Names and Hosting
Domain Names:
We can assist the Client with procuring domain names. The Client is responsible for all fees, renewals, and associated costs.
Hosting:
We will specify the recurring fees in the quotation if you choose to use our hosting services. If you opt for external hosting, we will not be liable for email, FTP, SSL, or overall site security issues. We may bill the Client separately for work performed on non-Warp hosting environments if extensive troubleshooting is necessary.
19. Limitation of Liability
We exclude liability for any loss, damage, or delays arising from:
- Inaccuracies or omissions
- Delays or errors in project delivery
- Loss or damage to Client-provided content (e.g., artwork, photos)
- Failures due to third-party services or unsupported hosting environments
Our total liability, whether in contract or tort, will not exceed your fees for the affected services.
20. Returns, Refunds, and Exchanges
When you make payment, you accept the completed service as designed. We generally do not provide refunds unless we explicitly agree otherwise. In cases of project cancellation due to your inaction, you will forfeit any pre-payment or deposit, and outstanding costs will become immediately payable.
21. Privacy Policy
We take privacy seriously. Our practices regarding collecting, storing, and using personal data are detailed in our Privacy Policy, which is available here. By using our services, you consent to these practices.
22. Governing Law and Jurisdiction
This Agreement follows the laws of South Africa. Any disputes arising under or in connection with these Terms and Conditions will fall under the exclusive jurisdiction of the courts in South Africa.
23. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. We will post updates accordingly.
24. Contact Information
If you have any questions, concerns, or disputes regarding these Terms and Conditions, please reach out to us at:
Email: sales@warpdevelopment.com
Phone: +27 12 348 1165
Address: Fintech Campus, Building No.2, Cnr Botterklapper & Illanga Road, The Willows, Pretoria, 0081
25. General Provisions
These Terms and Conditions and any schedules or annexures form the Agreement between you and Warp Development (Pty) Ltd. This Agreement overrides all previous understandings or agreements, whether written or oral.
