Vuurtier Digital Solutions

Please read these Terms and Conditions ("Terms") carefully before using our website or engaging our services. By accessing our website at https://vuurtier.com or by engaging Vuurtier Digital Solutions for any services, you agree to be bound by these Terms.

1. Service Provider Details

In compliance with Section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002 ("ECT Act"), the following details are provided:

• Business Name: Vuurtier Digital Solutions
• Registration Number: K2022451110
• Physical Address: 12 Celia Street, Modelpark, Witbank, Mpumalanga 1034, South Africa
• Postal Address: 12 Celia Street, Modelpark, Witbank, Mpumalanga 1034, South Africa
• Telephone: 064 905 3488
• Email: [email protected]
• Website: https://vuurtier.com

2. Services

Vuurtier Digital Solutions provides the following services:

• Website design and development
• Web application development
• Custom business software development
• E-commerce solutions
• Branding and graphic design
• Search engine optimisation (SEO)
• Ongoing maintenance and support

The specific scope, deliverables, timeline, and pricing for any engagement will be set out in a separate written proposal or service agreement ("Agreement") signed by both parties. In the event of any conflict between these Terms and a specific Agreement, the Agreement shall take precedence.

3. Quotations and Acceptance

All quotations provided by Vuurtier Digital Solutions are valid for 30 days from the date of issue, unless otherwise stated. A quotation does not constitute an offer and no contract will arise until we confirm acceptance in writing.

Work will only commence upon receipt of a signed Agreement or written confirmation of acceptance of the quotation, together with any agreed deposit payment.

4. Payment Terms

• A deposit of 50% of the total project fee is required before work commences, unless otherwise agreed in writing.
• The remaining balance is due upon completion of the project or as specified in the Agreement.
• Invoices are payable within 7 calendar days of the invoice date, unless otherwise agreed.
• Late payments may attract interest at the prime lending rate plus 2% per annum, calculated daily.
• All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless stated otherwise.

Non-payment may result in suspension of services and/or removal of deliverables from public access until outstanding amounts are settled.

5. Client Responsibilities

The client agrees to:

• Provide all necessary content, materials, images, copy, and access credentials in a timely manner.
• Provide clear, reasonable feedback within agreed review periods.
• Ensure that all content supplied does not infringe any third-party intellectual property rights or applicable laws.
• Obtain all necessary permissions for any content, images, or material supplied to us for use in the deliverables.

Delays caused by the client's failure to provide required materials or feedback may result in revised timelines and/or additional charges.

6. Intellectual Property

All intellectual property created by Vuurtier Digital Solutions in the course of providing services ("Deliverables") will vest in the client upon receipt of full payment, unless otherwise agreed in writing.

Until full payment is received, all Deliverables and work in progress remain the sole property of Vuurtier Digital Solutions.

Any third-party tools, frameworks, libraries, or assets incorporated into the Deliverables remain subject to their respective licences. Vuurtier Digital Solutions retains the right to showcase completed work in its portfolio unless the client requests confidentiality in writing.

7. Confidentiality

Both parties agree to keep confidential any information received from the other party that is designated as confidential or that should reasonably be understood to be confidential given its nature. This obligation does not apply to information that is publicly available or that is required to be disclosed by law.

8. Warranties and Representations

Vuurtier Digital Solutions warrants that:

• Services will be performed with reasonable skill and care.
• Deliverables will substantially conform to the agreed specifications.

We do not warrant that services will be uninterrupted or error-free, or that any specific business outcome (such as increased revenue or traffic) will be achieved as a result of our Deliverables.

The client warrants that all content and materials supplied to us do not infringe any third-party rights and comply with all applicable laws.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Vuurtier Digital Solutions' total liability to the client arising out of or in connection with these Terms or any Agreement shall not exceed the total fees paid by the client for the specific project giving rise to the claim.

We shall not be liable for any indirect, consequential, special, or incidental losses, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity.

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

10. Cancellation

Either party may cancel an Agreement by giving written notice to the other party. In the event of client-initiated cancellation:

• Any deposit paid is non-refundable.
• Work completed to the date of cancellation will be invoiced at a pro-rata rate based on the agreed project fee.
• Any outstanding amounts become immediately due and payable.

Vuurtier Digital Solutions reserves the right to cancel an Agreement if the client fails to pay any amount due within 14 days of the due date, or if the client breaches any material term of the Agreement and fails to remedy such breach within 7 days of written notice.

11. Website Use

You may access and use our website for lawful purposes only. You agree not to use our website:

• In any way that violates any applicable law or regulation.
• To transmit any unsolicited advertising or promotional material.
• To attempt to gain unauthorised access to any part of our website or systems.

We reserve the right to terminate or suspend access to our website at any time without notice.

12. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We process personal information in compliance with the Protection of Personal Information Act, No. 4 of 2013 (POPIA).

13. Governing Law and Jurisdiction

These Terms and any Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.

The parties agree to first attempt to resolve any dispute amicably through good-faith negotiation before commencing any formal legal proceedings.

14. Consumer Protection

Where the Consumer Protection Act, No. 68 of 2008 ("CPA") applies to our services, your rights under the CPA are not excluded or limited by these Terms. If any provision of these Terms is inconsistent with the CPA, the CPA shall prevail.

15. Amendments

We reserve the right to amend these Terms at any time. The current version will always be available on our website. Continued use of our website or services after any amendment constitutes acceptance of the revised Terms.

16. Contact

For any queries relating to these Terms, please contact us:

• Email: [email protected]
• Telephone: 064 905 3488
• Address: 12 Celia Street, Modelpark, Witbank, Mpumalanga 1034, South Africa