Legal
Terms and Conditions
Last updated: 26 February 2025
1. Introduction
These Terms and Conditions ("Terms") govern your use of the tshebo.online website and the B2B automation consulting, custom software development, and related services ("Services") provided by tshebo.online ("we", "us", or "our").
By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our website or Services.
2. Services Overview
tshebo.online provides B2B automation consulting and custom software development services for the solar energy sector, including but not limited to:
- Digitising manual documentation into structured databases.
- Workflow automation and process optimisation.
- Building internal IT applications to reduce administrative overhead.
- Ongoing technical support and maintenance.
The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate Statement of Work (SOW) or service agreement agreed upon by both parties.
3. Engagement and Payment
Project-Based Fees: Fees for implementation projects are defined in the SOW and are typically invoiced on a milestone basis unless otherwise agreed.
Deposit Requirement: A non-refundable deposit of 50% of the total project fee is required before any work commences. This deposit confirms the engagement and allows us to begin scoping, planning, and development on your project.
Project Launch: The completed project will be deployed and launched only once the remaining 50% balance has been received in full. No live deployment will take place prior to receipt of the final payment.
Ongoing Support: Recurring support and maintenance fees are billed monthly or as defined in the service agreement.
Payment Terms: Unless otherwise specified, invoices are payable within 14 days of issue. Late payments may be subject to interest at the prevailing rate permitted under South African law.
All fees are quoted in South African Rand (ZAR) unless otherwise agreed in writing.
3A. Refund Policy
We are committed to delivering results. If, after the project has launched, the agreed outcomes and deliverables are not achieved, and both parties have made genuine, documented efforts to resolve the issues and reach the desired results, we will issue a refund.
A refund will only be considered where:
- The project has been fully launched and delivered as scoped.
- Both tshebo.online and the client have actively collaborated in good faith to address issues, provide required inputs, and attempt all reasonable corrective measures.
- The desired results outlined in the agreed SOW remain unachieved despite these joint efforts.
Refunds will not be issued where the failure to achieve results is attributable to the client's failure to fulfil their responsibilities under Section 7, including withholding access, data, or timely approvals. The 50% deposit paid prior to commencement is non-refundable in all circumstances.
4. Intellectual Property
Our IP: All proprietary tools, frameworks, methodologies, and pre-existing code used by tshebo.online remain our intellectual property.
Client Deliverables: Upon full payment, custom software and deliverables developed specifically for the client are assigned to the client, unless otherwise stated in the SOW.
Website Content: All content, design, graphics, and code on this website are owned by tshebo.online and may not be reproduced without prior written consent.
5. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the course of an engagement. This includes business processes, technical specifications, client data, and any other information reasonably understood to be confidential.
This obligation survives the termination of any agreement between the parties.
6. Data Protection
We process personal and business data in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy. Client data shared during consulting engagements is used solely for the purpose of delivering the agreed Services.
7. Client Responsibilities
To enable effective delivery of our Services, clients agree to:
- Provide timely access to relevant systems, documentation, and personnel.
- Designate a primary point of contact for communication and approvals.
- Review and provide feedback on deliverables within agreed timeframes.
- Ensure that all data and materials provided to us are accurate and lawfully obtained.
8. Limitation of Liability
To the maximum extent permitted by law, tshebo.online shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of our Services, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claim arising under these Terms shall not exceed the total fees paid by the client for the specific project giving rise to the claim.
9. Termination
Either party may terminate a service engagement with 30 days' written notice. Upon termination:
- The client shall pay for all Services rendered up to the date of termination.
- Any work-in-progress deliverables will be handed over in their current state.
- Confidentiality obligations continue to apply after termination.
10. Warranties and Disclaimers
We warrant that our Services will be performed with reasonable skill and care in accordance with generally accepted industry standards. However, we do not warrant that our Services will be uninterrupted, error-free, or meet every specific expectation unless expressly stated in the SOW.
Our website is provided "as is" without warranties of any kind, whether express or implied.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Johannesburg, Gauteng.
12. Changes to These Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with a revised date. Continued use of our website or Services after changes are posted constitutes acceptance of the updated Terms.
13. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- Email: talk2tshebo@gmail.com
- Address: 61 Katherine Street, Sandhurst, 2196, Johannesburg, South Africa