Legal & Commercial
Terms of Service
Deploy Everywhere (Pty) Ltd
Registration: 2023/832934/07
Republic of South Africa
Durban, KwaZulu-Natal
Client IP Ownership
Upon full fee settlement
1. Agreement & Statements of Work
These Terms of Service (“Terms”) apply to all software engineering, product design, consulting, and maintenance services provided by Deploy Everywhere (Pty) Ltd (registration number 2023/832934/07) to clients (“Client” or “you”).
Specific project scopes, milestone deliverables, fees, and timelines are detailed in a written Statement of Work (“SOW”) or formal project quotation mutually agreed upon prior to commencement. In the event of any conflict, the specific provisions of an executed SOW shall supersede these standard Terms.
2. Intellectual Property & Source Code Ownership
A. Bespoke Client Deliverables: Upon receipt of complete payment of all project fees, all intellectual property rights, copyright, and ownership in custom software, design files, bespoke databases, and applications developed specifically for you under an executed SOW transfer to the Client.
B. Studio Pre-Existing IP: Deploy Everywhere retains ownership of all pre-existing tools, starter kits, generic boilerplate code, design tokens, and modular libraries developed independently of the engagement. The Client is granted an irrevocable, perpetual, non-exclusive license to use, modify, and host such code as part of their delivered product.
C. Third-Party & Open Source Software: Software components licensed under open-source licenses (such as MIT, Apache 2.0, or BSD) remain governed by their respective licenses.
3. Fees, Milestones & Payment Terms
A. Invoicing & Deposits: Project engagements typically require a deposit (usually 50% for standard projects) prior to work commencement, with the balance payable upon agreed milestones or final production handover.
B. Payment Currency: Unless explicitly agreed otherwise in writing, fees are quoted and payable in South African Rand (ZAR) via electronic funds transfer (EFT) or agreed international wire.
C. Out-of-Scope Work: Revisions or feature additions requested beyond the agreed SOW will be scoped separately and quoted at our standard hourly or daily engineering rates.
4. Confidentiality & Data Protection
Both parties agree to hold all non-public technical, commercial, financial, and operational information disclosed during the project in strict confidence, and not disclose such information to third parties without prior written consent.
Where either party processes personal information in connection with an engagement, both parties undertake to comply with the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) and our Privacy Policy.
5. Warranty, Bug Fixing & Post-Launch Support
Deploy Everywhere warrants that bespoke software deliverables will substantially conform to the specifications set out in the SOW.
Unless otherwise specified in an SOW, custom development includes a 30-day post-launch warranty period during which verified bugs resulting directly from our code will be resolved at no additional charge. Ongoing support, maintenance, and infrastructure operations are available under our monthly retainer agreements.
6. Limitation of Liability
To the maximum extent permitted by South African law, Deploy Everywhere shall not be liable for any indirect, incidental, special, punitive, or consequential damages, loss of business revenue, loss of anticipated profits, or business interruption.
Our total aggregate liability under any engagement shall not exceed the total fees actually received by Deploy Everywhere from the Client under the specific SOW during the preceding three (3) months.
7. Governing Law & Dispute Resolution
These Terms, all executed Statements of Work, and any disputes arising out of or related to them are governed by and construed in accordance with the laws of the Republic of South Africa.
The parties irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division, Durban.