Terms and Conditions

Agreement to our legal terms

We are Zulu Code (Pty) Ltd ('Company', 'we', 'us' or 'our'), a company registered in South Africa at Boksburg, Johannesburg, Gauteng 1459.

We operate the website zulucode.co.za (the 'Site'), and we design and build websites, mobile and web applications and custom software, and provide domain registration and website hosting, as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at info@zulucode.co.za.

Our Privacy Policy, Acceptable Use Policy, Refund Policy and Cookie Policy form part of these Legal Terms. If you download a mobile app we publish, our End User Licence Agreement also applies to you.

We may change these Legal Terms from time to time. We will tell you about changes by updating the 'Last updated' date of these Legal Terms and, for material changes that affect a project or plan you have with us, by email. By continuing to use the Services after a change takes effect, you accept the updated Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our services

Every engagement is confirmed in writing through a proposal, quotation or statement of work that sets out the deliverables, timelines and pricing (a 'Quotation'). The written scope takes precedence if there is any conflict with verbal discussions. Where a Quotation and these Legal Terms differ, the Quotation applies to that engagement.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in the Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in South Africa and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'Prohibited activities' section below, we grant you a non-exclusive, non-transferable, revocable licence to access the Services solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@zulucode.co.za. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Ownership of your project

Upon full payment, you receive full ownership of all final deliverables we create for you under a Quotation, except third-party assets (such as fonts, stock imagery and open-source libraries), which retain their original licences.

Materials you give us

Text, images, logos, brand assets, data and other materials you give us for a project remain yours. You grant us a non-exclusive licence to use them only as needed to deliver, host and support the Services you have asked for. You warrant that you own them or have the rights and licences needed for us to use them in this way, that they do not infringe anyone else's rights, and that they comply with our Acceptable Use Policy.

Your submissions

Please review this section and the 'Prohibited activities' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you send us any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. This does not apply to the materials you give us for a project, which are covered above.

You are responsible for what you send: By sending us Submissions through any part of the Services, you:

• confirm that you have read and agree with our 'Prohibited activities' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission is original to you or that you have the necessary rights and licences to submit it and that you have full authority to grant us the above-mentioned rights in relation to it; and
• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'Copyright infringements' section below.

3. User representations

By using the Services, you represent and warrant that: (1) all information you give us will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate the Services we provide to you and refuse any and all current or future use of the Services (or any portion thereof).

4. Purchases and payment

Projects. Unless agreed otherwise in your Quotation, 50% of the project fee is payable on acceptance of the Quotation, and 50% on delivery. Prices shown on the Site are starting prices; the price of your project is the one in your Quotation.

Hosting and recurring services. Hosting, domain and other recurring services are billed monthly or annually in advance (see 'Subscriptions' below).

All payments shall be in South African rand (ZAR), using the payment methods shown on your Quotation or invoice. VAT is charged where applicable. You agree to provide current, complete, and accurate billing and contact information, and to promptly update it, including your email address and payment method, so that we can complete your transactions and contact you as needed. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to decline any request for Services.

5. Revisions

The number of revision rounds included in a package is shown on the applicable service page or in your Quotation. Additional revisions are billed at our standard hourly rate.

6. Subscriptions

Billing and renewal

Hosting, domain and maintenance plans continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable plan. The length of your billing cycle, monthly or annual, is the one in your Quotation.

Cancellation

You can cancel a plan at any time by emailing us at info@zulucode.co.za. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@zulucode.co.za.

Fee changes

We may, from time to time, make changes to the fees for recurring services and will communicate any price changes to you in accordance with applicable law.

7. Ending a project

Either party may terminate an engagement with written notice. Work completed up to that point is payable in full.

8. Refunds

All payments are final and no refund will be issued, except as set out in our Refund Policy.

9. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us, such as running your own business on a website, app or system we build or host for you.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms'), without the knowledge and, where the law requires it, the consent of the people it collects information from.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Site's software or code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise, other than running your own business on a website, app or system we build or host for you.
• Market or sell any illicit, counterfeit, harmful or illegal goods and services, including but not limited to drugs, firearms and other weapons, sex or nudity.
• Use offensive or derogatory language, hate speech or speech that is racist, violent, misogynistic, or discriminatory based on age, race, sex, gender or social status.

10. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any content that breaches these Legal Terms or our Acceptable Use Policy, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. Privacy policy

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised that some of our service providers, including the host of the Site, process information outside South Africa. By using the Services, you consent to your personal information being transferred to and processed there, with the protections described in our Privacy Policy.

12. Copyright infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

13. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. You may stop using the Services at any time, subject to 'Ending a project' and 'Subscriptions' above.

If we terminate or suspend the Services we provide to you for any reason, you are prohibited from engaging us again under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Any availability commitment for hosting we provide to you is the one set out on the relevant service page or in your Quotation.

15. Governing law

These Legal Terms shall be governed by and defined following the laws of South Africa. Zulu Code (Pty) Ltd and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

16. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before starting court proceedings. Such informal negotiations commence upon written notice from one Party to the other Party; you can send yours to info@zulucode.co.za.

Courts

If a Dispute is not resolved informally, it shall be decided by the courts of South Africa, as set out in 'Governing law' above. Nothing in this section prevents either Party from asking a court for urgent or injunctive relief at any time, or limits your right to refer a complaint to the National Consumer Commission, the Consumer Goods and Services Ombud or any other body under the Consumer Protection Act 68 of 2008.

17. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. Disclaimer

19. Limitations of liability

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) the materials you give us or publish through the Services; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. Miscellaneous

These Legal Terms, your Quotation and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Nothing in these Legal Terms limits any right you have under the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002 that cannot lawfully be excluded.

24. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

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