Terms of Service
These terms govern your use of Kizuri Tech Solutions' services. Please read them carefully before using our services.
Effective Date: January 1, 2024
Last Updated: January 1, 2024
1. Acceptance of Terms
By accessing or using the services provided by Kizuri Tech Solutions (Pty) Ltd ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and Kizuri Tech Solutions.
Important: By engaging our services, submitting a project request, or making a payment, you acknowledge that you have read, understood, and agree to these Terms.
2. Description of Services
Kizuri Tech Solutions provides software development and technology consulting services, including but not limited to:
Development Services
- Custom software development
- Web and mobile application development
- MVP (Minimum Viable Product) development
- API development and integration
- Database design and optimization
Consulting Services
- Technical consulting and architecture review
- Technology strategy and planning
- Code audits and security assessments
- UI/UX design and branding
- Maintenance and support services
Specific services, deliverables, timelines, and pricing will be detailed in separate project agreements or statements of work.
3. Account Creation and User Responsibilities
3.1 Account Registration
To access certain services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access
3.2 User Responsibilities
You are responsible for:
- All activities that occur under your account
- Providing necessary project information and requirements
- Timely communication and feedback during projects
- Making payments according to agreed terms
- Complying with all applicable laws and regulations
3.3 Prohibited Activities
You agree not to:
- Use our services for illegal or unauthorized purposes
- Interfere with or disrupt our services or servers
- Attempt to gain unauthorized access to our systems
- Share your account credentials with third parties
- Violate any applicable laws or regulations
4. Intellectual Property Rights
4.1 Our Intellectual Property
All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Kizuri Tech Solutions and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Client-Owned Content
You retain ownership of any content, data, or materials you provide to us. By providing such content, you grant us a limited, non-exclusive license to use, modify, and incorporate your content solely for the purpose of delivering our services.
4.3 Work Product Ownership
Unless otherwise specified in a separate agreement:
- Custom code developed specifically for your project will be owned by you upon full payment
- We retain ownership of our proprietary tools, frameworks, and methodologies
- We may retain the right to use general knowledge and experience gained from projects
- Third-party components and libraries remain subject to their respective licenses
4.4 Trademarks
"Kizuri Tech Solutions," our logo, and other marks are trademarks of Kizuri Tech Solutions (Pty) Ltd. You may not use our trademarks without our prior written consent.
5. Payment Terms
5.1 Fees and Payment
- All fees are quoted in South African Rand (ZAR) unless otherwise specified
- Payment terms will be specified in individual project agreements
- We typically require a deposit before commencing work
- Late payments may incur interest charges as permitted by law
5.2 Refund Policy
Refunds are handled on a case-by-case basis. Generally, work completed and delivered cannot be refunded. Refund requests must be made in writing and will be evaluated based on the specific circumstances of each project.
5.3 Taxes
All fees are exclusive of applicable taxes, including VAT. You are responsible for paying all applicable taxes associated with your use of our services.
6. Disclaimers and Limitations of Liability
6.1 Service Disclaimer
Our services are provided "as is" and "as available." We make no warranties, express or implied, regarding the services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2 Limitation of Liability
To the maximum extent permitted by South African law, Kizuri Tech Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
6.3 Maximum Liability
Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.
Important: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.
7. Confidentiality
We understand the importance of protecting your confidential information. We agree to maintain the confidentiality of any proprietary or confidential information you share with us during the course of our engagement.
7.1 Confidential Information
Includes but is not limited to:
- Business plans, strategies, and financial information
- Technical specifications and proprietary processes
- Customer lists and marketing strategies
- Any information marked as confidential
7.2 Exceptions
Our confidentiality obligations do not apply to information that:
- Is publicly available or becomes public through no breach by us
- Was known to us prior to disclosure
- Is required to be disclosed by law or court order
8. Termination and Suspension
8.1 Termination by Either Party
Either party may terminate ongoing services with written notice. The specific termination terms will be outlined in individual project agreements.
8.2 Immediate Termination
We may immediately terminate or suspend your access to our services if you:
- Breach these Terms or any project agreement
- Fail to make required payments
- Engage in prohibited activities
- Provide false or misleading information
8.3 Effect of Termination
Upon termination:
- You remain liable for all fees incurred prior to termination
- We will deliver completed work upon receipt of payment
- Both parties' confidentiality obligations continue
- Provisions that should survive termination will remain in effect
9. Governing Law and Jurisdiction
These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of the Republic of South Africa.
9.1 Jurisdiction
Any legal action or proceeding arising from or related to these Terms shall be brought exclusively in the courts of South Africa, and you consent to the jurisdiction of such courts.
9.2 Dispute Resolution
We encourage resolving disputes through good faith negotiations. If necessary, disputes may be resolved through mediation or arbitration as agreed upon by both parties.
10. Modifications to Terms and Services
10.1 Terms Modifications
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, through email or other communication methods.
10.2 Service Modifications
We may modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of significant changes that may affect ongoing projects.
10.3 Continued Use
Your continued use of our services after any modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you should discontinue use of our services.
11. General Provisions
11.1 Entire Agreement
These Terms, together with any project agreements and our Privacy Policy, constitute the entire agreement between you and Kizuri Tech Solutions regarding our services.
11.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
11.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
11.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.
12. Contact Information
If you have any questions about these Terms of Service, please contact us:
Kizuri Tech Solutions (Pty) Ltd
Email: legal@kizuri.co.za
Phone: +27 (0) 79 049 7455
Address: 18 Musgrave Road, Durban, South Africa
Website: www.kizuri.co.za
Business Information
Registration: 2025 / 078725 / 07
Directors: Munekayi Mfuamba