Terms & Conditions

1. Definitions

• "Company," "we," "us," or "our" refers to Amax Digital (Pty) Ltd
• "Client," "you," or "your" refers to the person or entity using our services
• "Services" refers to all software development, consulting, and related services provided by Amax Digital
• "Website" refers to www.amaxdigital.co.za
• "Agreement" refers to any contract or agreement between the Company and Client

2. Acceptance of Terms

By accessing and using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

3. Services

3.1 Scope of Services

Amax Digital provides software development services, including but not limited to:

• Custom web applications
• CRM and ERP systems
• Automation platforms
• Cloud services and hosting
• Data analytics and reporting
• UI/UX design
• API integration services

3.2 Service Agreements

Specific terms for each project will be outlined in a separate Service Agreement or Statement of Work (SOW). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

4. Client Obligations

Clients agree to:

• Provide accurate and complete information
• Respond to requests for information in a timely manner
• Provide necessary access to systems and resources
• Designate a point of contact for project communications
• Review deliverables and provide feedback within agreed timeframes
• Make payments according to the agreed schedule
• Comply with all applicable laws and regulations

5. Payment Terms

5.1 Fees and Pricing

All fees for services will be specified in the Service Agreement or SOW. Prices are quoted in South African Rand (ZAR) unless otherwise stated.

5.2 Payment Schedule

Payment terms will be specified in the Service Agreement. Typical payment structures include:

• Initial deposit upon project commencement
• Milestone-based payments
• Monthly retainer fees
• Final payment upon project completion

5.3 Late Payments

Invoices are due within 30 days unless otherwise specified. Late payments may incur interest charges at a rate of 2% per month. We reserve the right to suspend services for overdue accounts.

6. Intellectual Property

6.1 Ownership of Deliverables

Upon full payment, the Client will own the custom software and deliverables created specifically for them. However, Amax Digital retains ownership of:

• Pre-existing intellectual property
• General methodologies and processes
• Reusable code libraries and frameworks
• Tools and utilities developed independently

6.2 Third-Party Software

Projects may incorporate third-party software, libraries, or APIs subject to their respective licenses. Clients are responsible for complying with these licenses.

7. Confidentiality

Both parties agree to keep confidential information disclosed during the course of the engagement confidential and not to disclose it to third parties without written consent, except as required by law.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our services will be performed with reasonable care and skill in accordance with industry standards.

8.2 Disclaimer

Except as expressly stated in a Service Agreement:

• Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We do not warrant that software will meet all Client requirements
• We are not responsible for issues arising from third-party services or software

9. Limitation of Liability

To the maximum extent permitted by law:

• Amax Digital's total liability shall not exceed the fees paid by the Client for the specific services giving rise to the liability
• We shall not be liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for damages resulting from Client's use or inability to use the services

10. Indemnification

Client agrees to indemnify and hold harmless Amax Digital from any claims, damages, or expenses arising from Client's use of the services, violation of these Terms, or infringement of any third-party rights.

11. Project Timeline and Delays

Project timelines are estimates based on the information available at the time. We are not liable for delays caused by:

• Client delays in providing information or feedback
• Changes to project scope or requirements
• Third-party service failures
• Force majeure events

12. Changes and Scope Creep

Any changes to the agreed scope of work must be documented in writing through a Change Request. Additional work resulting from scope changes will be billed separately.

13. Termination

13.1 Termination by Client

Client may terminate services with 30 days' written notice. Client remains liable for all fees for work completed up to the termination date.

13.2 Termination by Amax Digital

We may terminate services immediately if:

• Client breaches these Terms or the Service Agreement
• Client fails to make payment when due
• Client engages in illegal or unethical conduct

14. Support and Maintenance

Post-launch support and maintenance are subject to separate agreements. Unless otherwise specified, our obligation ends upon delivery and acceptance of the final deliverables.

15. Website Use

When using our website, you agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the website
• Upload malicious code or content
• Scrape or harvest data from the website

16. Dispute Resolution

In the event of a dispute:

1. Parties will attempt to resolve the matter through good faith negotiations
2. If unresolved, the matter may be referred to mediation
3. As a last resort, disputes will be resolved through arbitration or litigation in South African courts

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal action must be brought in the courts of South Africa.

18. Amendments

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with any Service Agreement or SOW, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

21. Contact Information

For questions about these Terms, please contact us: