Terms of Service

Last updated: 26 September 2026

These Terms of Service (“Terms”) apply to all software development, design, hosting, maintenance, support and related services (“Services”) provided by Absolut Cyber Solutions (“Absolut Cyber”, “we”, “us”) to a client (“you”, “the Client”). They form part of every proposal, quotation or statement of work we issue (each a “Proposal”). If a signed Proposal conflicts with these Terms, the Proposal takes precedence for that project.

1. Quotations and acceptance

• Quotations are valid for 30 days from the date of issue unless stated otherwise.
• An agreement is formed when you accept a Proposal in writing (including by email or electronic signature) or pay the deposit.
• Quoted prices are based on the scope described in the Proposal. All prices are in South African Rand (ZAR) and include or exclude VAT as stated on the Proposal.

2. Scope and changes

• We deliver the Services and deliverables described in the Proposal (the “Scope”).
• Any work outside the Scope, including new features, additional revisions beyond those included, or changes to agreed designs or functionality, is a “Change Request”. We will estimate the cost and timeline impact of each Change Request, and it will proceed only once you approve it in writing.
• Timelines in a Proposal are estimates made in good faith. They depend on you providing content, feedback, approvals and access on time.

3. Your responsibilities

You agree to:

• provide accurate information, content, branding and materials needed for the project, and ensure you have the right to use them
• give feedback and approvals within the timeframes agreed. If none are agreed, respond within 5 business days.
• provide access to systems, accounts, hosting, domains, app store developer accounts and third-party services as reasonably required
• nominate one person with authority to give instructions and approvals
• ensure your use of the deliverables complies with the law, including POPIA and any industry-specific regulation such as health-sector requirements

If a delay on your side lasts more than 30 days, we may reschedule the project to our next available slot and invoice for work completed to date.

4. Fees and payment

• Unless the Proposal states otherwise, a 50% deposit is payable before work begins and the balance is payable on completion, before final deployment or handover. Larger projects may be billed by milestone as set out in the Proposal.
• Invoices are payable within 7 days of the invoice date by EFT to the account on the invoice.
• We may suspend work, or withhold deployment, handover or source code, while any invoice is overdue. Timelines are extended by the period of suspension.
• Interest may be charged on overdue amounts at the maximum rate permitted by law.
• Recurring services such as hosting, maintenance and support plans are billed in advance for each period and renew automatically until cancelled as set out in section 11.
• Third-party costs such as domain names, hosting, app store developer fees, premium plugins, APIs, SMS or email services and licences are your responsibility unless the Proposal includes them.

5. Acceptance of deliverables

When we deliver a milestone or the final product, you have 10 business days to test it and report any material non-conformity with the agreed Scope in writing. We will fix reported defects within a reasonable time. A deliverable is deemed accepted when you confirm acceptance, when the testing period ends without a written defect report, or when you use it in a live or production environment, whichever comes first.

6. Warranty

• For 30 days after acceptance, we will fix, free of charge, any defect that causes the deliverables not to perform materially in line with the agreed Scope.
• This warranty does not cover issues caused by changes made by anyone other than us, misuse, third-party software, plugins, services or platforms, hosting environments we do not manage, updates to operating systems, browsers or app store policies released after delivery, or new feature requests.
• Except as set out above, and to the extent permitted by law, the deliverables are provided without other warranties, express or implied. We do not guarantee that software will be completely error-free or uninterrupted.

7. Mobile apps and third-party platforms

We will prepare and submit mobile apps to the Apple App Store and Google Play Store in line with their published guidelines. Approval, review times, ranking and continued listing are controlled by Apple and Google and cannot be guaranteed. Work needed to respond to a store rejection caused by a change in the store’s guidelines, or by your content or business model, may be billed as a Change Request. Apps are normally published under your own developer accounts.

8. Intellectual property

• Your materials: you keep ownership of all content, data and materials you provide.
• Bespoke deliverables: once all amounts due for the project are paid in full, ownership of the bespoke code, designs and deliverables created specifically for you transfers to you.
• Our pre-existing tools: we keep ownership of our pre-existing and generic code, libraries, frameworks, components, know-how and tools, including those used in our own products. To the extent these are included in your deliverables, we grant you a non-exclusive, perpetual, royalty-free licence to use them as part of those deliverables.
• Third-party and open-source components are licensed to you under their own licence terms.
• Software-as-a-Service products: where you subscribe to one of our own platforms (for example our LMS, medical platform or POS), you receive a right to use the platform for the subscription period. No ownership of the platform transfers to you. Your data remains yours.
• Portfolio: unless you ask us not to in writing or a confidentiality agreement says otherwise, we may name you as a client and describe the project in general terms in our portfolio and marketing, without disclosing confidential information.

9. Confidentiality

Each party will keep the other’s confidential information, including business plans, source code, credentials, pricing and data, confidential. It will be used only for the purposes of the project and disclosed only to people who need to know it, unless disclosure is required by law. This obligation survives the end of the agreement.

10. Data protection (POPIA)

Where we process personal information on your behalf, for example user or patient data in a system we build, host or support, you are the “responsible party” and we act as your “operator” under sections 20 and 21 of the Protection of Personal Information Act 4 of 2013. We will:

• process that personal information only on your documented instructions and for the purposes of the Services
• treat it as confidential and apply appropriate, reasonable technical and organisational security measures
• notify you immediately if we have reasonable grounds to believe it has been accessed or acquired by an unauthorised person
• return or securely delete it at the end of the Services, at your choice, unless the law requires us to retain it

You remain responsible for having a lawful basis to process the personal information and for your obligations to data subjects. A separate operator or data processing agreement can be signed on request.

11. Term and termination

• Either party may terminate a project agreement by giving 14 days’ written notice.
• Either party may terminate immediately by written notice if the other commits a material breach and fails to remedy it within 10 business days of being notified, or becomes insolvent.
• On termination, you must pay for all work performed and costs incurred up to the termination date. The deposit is applied to work already performed. Any portion of the deposit exceeding the value of work performed will be refunded.
• Recurring services may be cancelled by either party with one calendar month’s written notice. Fees already paid for the current period are not refundable, except where required by law.
• On termination and full payment, we will hand over the deliverables completed and paid for.

12. Limitation of liability

• To the extent permitted by law, our total liability arising out of or in connection with any project or Services is limited to the fees paid by you for the specific Services giving rise to the claim in the 12 months before the claim arose.
• We are not liable for indirect or consequential loss, including loss of profit, revenue, data, goodwill or business opportunity, or for losses caused by third-party services, hosting providers, app stores, cyber-attacks we could not reasonably have prevented, or your failure to keep backups.
• Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be excluded under the Consumer Protection Act 68 of 2008 or other applicable law.

13. Hosting, backups and security

Where we provide hosting or maintenance, we take reasonable steps to keep systems secure, updated and backed up as described in your plan. Where you host the system yourself or through a third party, you are responsible for backups, security, updates and uptime unless a maintenance plan with us covers them.

14. Health, financial and regulated systems

Software we build for medical, financial or other regulated environments is a tool to support your professionals and processes. It does not provide medical, financial or legal advice. You remain responsible for clinical and professional decisions, for verifying outputs, and for compliance with the regulatory requirements that apply to your organisation.

15. Non-solicitation

During a project and for 12 months afterwards, neither party will directly solicit for employment any employee or contractor of the other who worked on the project, without the other party’s written consent.

16. Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control. These include load-shedding and power outages, internet or infrastructure failures, natural disasters, pandemics, strikes, government action and failures of third-party platforms. Obligations are suspended for the duration of the event. If the event continues for more than 60 days, either party may terminate on written notice.

17. Disputes

The parties will first try in good faith to resolve any dispute through negotiation between senior representatives within 14 days. If that fails, either party may refer the dispute to mediation before a mutually agreed mediator. Nothing prevents either party from seeking urgent relief from a competent court.

18. General

• Governing law: these Terms are governed by the laws of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts.
• Entire agreement: the Proposal and these Terms are the entire agreement between the parties for the project.
• Variation: changes are valid only if recorded in writing and accepted by both parties. Email is sufficient.
• Independent contractors: nothing creates a partnership, joint venture or employment relationship.
• Subcontracting: we may use carefully selected subcontractors, who are bound by confidentiality. We remain responsible for their work.
• Severability: if any provision is found unenforceable, the rest remain in force.
• No waiver: a failure or delay in enforcing a right is not a waiver of it.
• Updates: we may update these Terms for future work. The version in force when you accepted a Proposal applies to that project.

19. Contact

Questions about these Terms can be sent to info@absolutcyber.co.za.