Terms and Conditions

1. Acceptance of Terms

By accessing and using the services provided by Phakama Digital ("we," "us," or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Services

Phakama Digital is a South African-based technology company that provides:

• Custom software development services
• AI engineering and machine learning solutions
• Web and mobile application development
• Cloud infrastructure solutions
• API development and system integration
• Technology consulting services

We serve businesses and organizations across the African continent.

3. Client Responsibilities

As our client, you agree to:

• Provide accurate and complete information necessary for project completion
• Respond to our communications in a timely manner
• Provide necessary access to systems, data, and personnel as required
• Review and approve deliverables within agreed timeframes
• Make payments according to the agreed payment schedule
• Respect intellectual property rights

4. Payment Terms

• Payment terms will be specified in individual project agreements
• Unless otherwise agreed, payment is due within 30 days of invoice date
• Late payments may incur additional fees
• All prices are exclusive of applicable taxes unless stated otherwise
• Refunds are handled on a case-by-case basis as specified in project agreements

5. Intellectual Property

5.1 Client-Owned IP

You retain ownership of any intellectual property you provide to us for use in your project, including but not limited to trademarks, copyrights, trade secrets, and proprietary information.

5.2 Developed IP

Unless otherwise specified in a project agreement, you will own the intellectual property rights to custom software, applications, and solutions developed specifically for your project upon full payment.

5.3 Our IP

We retain ownership of our proprietary methodologies, tools, frameworks, and general knowledge used in providing services.

6. Confidentiality

We understand that you may share confidential information with us during the course of our engagement. We commit to:

• Keep all client information strictly confidential
• Not disclose information to third parties without written consent
• Use information solely for the purpose of providing agreed services
• Return or destroy confidential information upon project completion

7. Limitation of Liability

To the fullest extent permitted by law, Phakama Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

8. Warranties and Disclaimers

We provide our services "as is" and make no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We warrant that our services will be performed in a professional manner consistent with industry standards.

9. Project Scope and Changes

• Project scope will be defined in individual project agreements
• Any changes to project scope must be agreed upon in writing
• Additional work outside the original scope may incur additional charges
• We reserve the right to refuse unreasonable change requests

10. Termination

Either party may terminate a project agreement with written notice. Upon termination:

• You will pay for all work completed up to the termination date
• We will deliver all completed work and transfer any agreed-upon materials
• Both parties will return any confidential information
• Surviving clauses (confidentiality, intellectual property, etc.) will remain in effect

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government regulations, or natural disasters.

12. Governing Law

These terms and conditions are governed by the laws of South Africa. Any disputes arising from these terms or our services shall be resolved through the courts of South Africa.

13. Data Protection

We are committed to protecting your personal information in accordance with applicable data protection laws, including South Africa's Protection of Personal Information Act (POPIA). Please refer to our Privacy Policy for detailed information about how we handle your data.

14. Modifications

We reserve the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services constitutes acceptance of any modifications.

15. Contact Information