Introduction

These terms and conditions, along with any specific terms for the services purchased, constitute the agreement between Success By Design and the client. By engaging our services, you agree to comply with these terms.

Duration

This agreement becomes effective upon acceptance of a quotation or placement of an order and remains in force until cancellation or termination by either party or upon completion of the project/service.

Cancellation Policy

Either party may terminate the agreement with 30 days written (email) notice. Upon termination, clients must return all proprietary information and materials. Any outstanding payments or obligations must be settled at the end of the cancellation period.

Services

The services a customer procures are detailed on the quote and invoice, please feel free to ask questions.
Maintenance and Software Development: Unless otherwise agreed, ongoing maintenance, updates, or software development services are not included and will be subject to separate agreements and fees. Please note there is a different between an update made to a system for maintenance and the development of software.
Confidentiality: All our customers’ proprietary information, strategies, or client information during our service engagement shall remain confidential and may not be shared with third parties without prior approval.

Payment Structure

Work commences upon receipt of an agreed-upon set-up fee, typically [percentage, e.g., 100%, 50%]. Final deliverables will be released upon settlement of the remaining balance. Set-up fees are non-refundable unless otherwise specified.
Fees: Clients are responsible for paying fees as specified in the invoice. Payment terms and methods are outlined in the invoice. Failure to comply may result in the suspension of services until full payment is received.
Late Payment: Late payments will incur [specified late fees, e.g., R250] after [number of warning notifications, e.g., three] reminders. Outstanding balances beyond [specified period, e.g., 30 days] may incur additional charges or collection actions.
Annual Price Adjustments: Prices may be adjusted annually to account for market fluctuations or supplier costs. Clients will be notified of any price changes at least 30 days in advance via email.

Data Protection and Privacy

We adhere to all applicable data protection and privacy laws, including the Protection of Personal Information Act (POPIA) and take all measures possible on the software, infrastructure and database management side to ensure our customer data is protected. Customers are responsible for the policies and procedures they put in place with their organisations and for obtaining necessary consents and permissions for collecting, processing, and transferring personal data in connection with our services.

As per the Data Protection Act POPIA and GDPR, the Organization using the software is primarily responsible for:

Local Data Processing: Ensuring that any data processed within South Africa, regardless of the software’s origin, complies with POPIA’s specific requirements.
Juristic Person Data: Protecting the personal information of juristic persons (companies, organizations, etc.) as required by POPIA.
Information Officer: Appointing an Information Officer to oversee data protection compliance within the organization.
Data Breach Notification: Timely reporting of data breaches to the Information Regulator, as mandated by POPIA.

As a software service provider, Success By Design is committed to safeguarding its client’s data and adheres to stringent data protection regulations such as GDPR and POPIA. We take the following measures:

Security Measures:

Robust Security Infrastructure: We employ advanced security technologies, including firewalls, intrusion detection systems, and encryption to protect your data.
Regular Security Audits: We conduct regular security audits and penetration testing to identify and address vulnerabilities.
Secure Data Centers: We store your data in secure data centres with physical and logical access controls.
Regular Security Training: We provide ongoing security training to our employees to ensure they are aware of the latest threats and best practices.

Data Usage and Access Restrictions:

Purpose Limitation: We collect and process your data only for specific, legitimate purposes.
Data Minimization: We collect and process only the necessary personal data.
Data Retention: We retain your data for the minimum period necessary.
Access Controls: We implement strict access controls to limit access to your data to authorized personnel.
Data Transfer Safeguards: We employ appropriate safeguards to protect your data during transfer.

By prioritizing security and privacy, Success By Design strives to protect customer data at all times.

Intellectual Property Right of the Software and Technology

Success By Design retains all intellectual property rights, including but not limited to, copyrights, patents, trademarks, and any technology, or software, developed or provided by Success By Design, unless otherwise specified in a separate signed agreement. Success By Design reserves the right to use, modify, license, sublicense, sell, or otherwise exploit such intellectual property, including the right to white-label and resell the technology to other customers. This excludes customer data as protecting customer data falls under the Data Protection Act (POPIA).

Liability and Indemnification

Success By Design shall not be held liable for any damages, losses, or claims arising from unauthorised access, hacks, or business activities related to our services. Clients acknowledge and agree to indemnify, defend, and hold Success By Design harmless from any liabilities, damages, or costs, including legal fees, arising from their use of our services, violation of these terms, or breach of the agreement. To the extent permitted by law, we exclude all liability for indirect, incidental, consequential, or punitive damages. Our total liability, whether in contract, tort, or otherwise, is limited to the amount paid by the client for the services

Warranties and Representations

Virus-Free Software: All software solutions delivered by Success By Design have run through 2 independent security system checks for malware, or other harmful components that could compromise system integrity.
Professional Service Standards: In instances where Success By Design offers professional services, such as consulting or implementation, it commits to performing such services in a manner consistent with the industry-accepted “good and workmanlike manner” standard.
Compliance with Applicable Laws: Success By Design assures that all services rendered will adhere to applicable laws, regulations, and industry standards relevant to the jurisdiction and scope of the engagement.

Marketing Rights

Success By Design reserves the right to showcase completed work in portfolios, marketing materials, and social media platforms, including appropriate attribution where applicable, unless otherwise specified in a separate agreement.

Dispute Resolution

If any disputes or disagreements arise from this agreement, both parties agree to engage in good-faith negotiations and mediation. Any such dispute shall be brought to the attention of a Director of Success By Design within 60 days of its occurrence. The mediation process will be conducted under the laws of South Africa, aiming for an amicable resolution to mitigate further legal actions or conflicts