Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and IT Genie (Pty) Ltd ("IT Genie", "we", "us", or "our"), governing your access to and use of our website, services, and products.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Description

IT Genie provides the following services:

• Custom software development
• SaaS application development
• AI integration and automation solutions
• Marketing website development
• E-commerce solutions
• WhatsApp and Telegram bot development
• Microsoft 365 integration
• IT support and consultation
• Developer training (Workplace Bootcamp)

Specific services are provided according to individual project agreements or service contracts.

3. User Obligations

When using our services, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Use our services only for lawful purposes
• Comply with all applicable laws and regulations
• Not interfere with or disrupt our services
• Not attempt to gain unauthorised access to our systems
• Respect intellectual property rights

4. Intellectual Property

4.1 Our Intellectual Property

IT Genie retains all rights to our proprietary tools, frameworks, methodologies, and pre-existing intellectual property. This includes our development processes, reusable code libraries, and internal systems.

4.2 Client Content

You retain ownership of your content, data, and materials that you provide to us. By providing such content, you grant us a licence to use it solely for the purpose of delivering our services to you.

4.3 Deliverables

Ownership of project deliverables (custom code, designs, etc.) will be specified in individual project agreements. Unless otherwise agreed, clients receive full ownership of custom work upon final payment.

5. Third-Party Platforms

Our services may integrate with third-party platforms (Meta/Facebook, Instagram, WhatsApp, Microsoft 365, etc.). Please note:

• We are not affiliated with or endorsed by these platforms
• You must comply with each platform's terms of service
• We are not responsible for changes to third-party platform policies or APIs
• Your use of third-party features is subject to their respective terms

6. Payment Terms

6.1 Quotations

Quotations are valid for 30 days unless otherwise specified. Prices are quoted in South African Rand (ZAR) unless stated otherwise.

6.2 Payment Schedule

Payment terms are specified in individual project agreements. Typical terms include:

• 50% deposit upon project commencement
• 50% upon project completion
• Or milestone-based payments for larger projects

6.3 Late Payments

Late payments may incur interest at the prime lending rate plus 2% per month. We reserve the right to suspend services for accounts more than 30 days overdue.

7. Limitation of Liability

To the maximum extent permitted by law:

• Our services are provided "as is" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to fees paid for the specific service in question
• We are not responsible for losses caused by third-party service failures
• We do not guarantee uninterrupted or error-free service

8. Indemnification

You agree to indemnify and hold IT Genie harmless from any claims, damages, or expenses arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

9. Termination

9.1 Termination by You

You may terminate your engagement with us at any time by providing written notice. Fees for work completed up to the termination date remain payable.

9.2 Termination by Us

We may terminate or suspend services if you:

• Breach these Terms
• Fail to make required payments
• Engage in unlawful conduct
• Engage in conduct that damages our reputation

9.3 Effect of Termination

Upon termination, we will provide reasonable assistance in transitioning your data and deliverables. Provisions that by their nature should survive termination will remain in effect.

10. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemics, civil unrest, power outages, or internet service failures.

11. Dispute Resolution

In the event of a dispute:

1. The parties shall first attempt to resolve the dispute through good faith negotiation
2. If unresolved within 30 days, the parties agree to attempt mediation
3. If mediation fails, disputes shall be resolved in the Gauteng High Court

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any legal proceedings shall be conducted in the Gauteng Division of the High Court of South Africa.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by posting updated Terms on our website. Your continued use of our services after changes constitutes acceptance of the updated Terms.

14. Severability

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

15. Entire Agreement

These Terms, together with any project-specific agreements and our Privacy Policy, constitute the entire agreement between you and IT Genie regarding our services.