These Software Development Terms (“Terms”) govern the relationship between you (the “Client”) and Coast IT (“Service Provider”) regarding the provision of software development services. By engaging Coast IT for such services, you agree to be bound by these Terms.
1. Services Provided
Coast IT agrees to provide software development services as outlined in the project proposal or statement of work provided to the Client. The services may include, but are not limited to:
- Custom software development
- Mobile application development
- Web application development
- Systems integration and API development
- Software testing and quality assurance
- Maintenance and support services
2. Project Scope
The scope of the project will be detailed in the project proposal, which must be accepted by both parties before work commences. Any changes to the project scope requested by the Client after acceptance may result in additional charges and a revised project timeline.
3. Payment Terms
- Deposit: A deposit of 60% of the total project fee is required upfront before any work begins.
- Payment Schedule: The remaining balance will be due upon project completion, prior to the software being delivered to the Client. Additional payments for ongoing maintenance or support services will be outlined in separate agreements.
- Invoices: Invoices will be issued upon completion of milestones or project phases, as specified in the project proposal. Payment is due within 7 days of the invoice date.
4. Client Responsibilities
The Client agrees to provide all necessary information, resources, and materials required for the software development project. This includes:
- Detailed project requirements and specifications
- Access to existing systems, if applicable
- Timely feedback and approvals throughout the development process
Failure to provide necessary materials in a timely manner may result in delays in project completion.
5. Revisions and Approval
The Client is entitled to a specific number of revisions as outlined in the project proposal. Any additional revisions beyond what is specified may incur additional charges. The Client must approve the final product before it is delivered or launched.
6. Intellectual Property Rights
Upon full payment of all fees, the Client will own the rights to the developed software and any associated materials. Coast IT retains the right to use general knowledge, skills, and experience gained during the project for future projects, provided that the Client’s proprietary information is not disclosed.
7. Warranties and Disclaimers
Coast IT warrants that the services provided will be performed in a professional manner. However, the Service Provider does not warrant that the software will be error-free or uninterrupted. The Client acknowledges that no guarantees can be made regarding the software’s performance or results.
8. Project Timeline
Coast IT will provide an estimated project timeline in the project proposal. The timeline is subject to change based on the Client’s response time, feedback, and the timely provision of required materials. Coast IT will communicate any delays promptly.
9. Testing and Acceptance
The Client will have the opportunity to test the software prior to acceptance. The Client must notify Coast IT of any defects or issues within a specified acceptance period, typically 14 days after delivery. If no such notice is given, the software will be deemed accepted.
10. Maintenance and Support
Post-launch support and maintenance services may be provided at an additional cost, as outlined in a separate maintenance agreement. This may include bug fixes, updates, and performance enhancements.
11. Termination
Either party may terminate this agreement with written notice if the other party fails to comply with the terms of this agreement. Upon termination, the Client will be responsible for payment for all work completed up to the termination date.
12. Limitation of Liability
In no event shall Coast IT be liable for any indirect, incidental, or consequential damages arising from the use of the software or any services provided. The maximum liability of Coast IT shall be limited to the total amount paid by the Client for the services rendered.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction in South Africa.
14. Amendments
Coast IT reserves the right to amend these Terms at any time. Clients will be notified of any significant changes.
