Every successful project starts with a shared understanding. These terms explain how an engagement is agreed, delivered and supported.
01About these terms
These terms describe the proposed basis on which DevForge supplies custom software development, web and mobile applications, cloud infrastructure, integrations, automation and support. They also explain acceptable use of this website.
“DevForge”, “we”, “us” and “our” refer to the service provider identified in your accepted quotation or signed agreement. “Client”, “you” and “your” refer to the person or organisation engaging that provider. The registered entity name, registration number and physical business address must be confirmed before these terms are adopted.
Browsing this website or sending an enquiry does not place an order, incur a fee or create a development, hosting or support agreement. Service terms apply only when incorporated into an agreement you accept.
02Quotations and project agreements
Before work begins, the parties should agree a written quotation, statement of work or service agreement identifying the contracting parties, deliverables, assumptions, exclusions, fees, payment schedule and any applicable taxes.
The agreement should also record responsibilities, indicative dates, acceptance criteria, intellectual-property rights, hosting arrangements and support coverage. An estimate is not a fixed-price commitment unless expressly described and accepted as such.
Mandatory law takes precedence. Subject to it, a signed project agreement or specific agreed term takes precedence over these general terms where they conflict. A later website update does not automatically change an existing contract.
03Scope, delivery and change requests
We will perform the agreed services with reasonable care and skill. Delivery dates depend on the agreed scope, timely feedback, access to systems, third-party availability and other dependencies identified in the project agreement.
Requests for additional features, revised designs, extra integrations or changes to previously approved work must be assessed for their effect on fees, timelines and risk. Material changes require written agreement before the additional work proceeds.
We will communicate significant delays and discuss a revised delivery plan. Neither silence nor a discussion of an idea is treated as approval of additional chargeable work.
04Client responsibilities
- Provide accurate requirements, relevant documentation and timely feedback from an authorised decision-maker.
- Arrange lawful access to the systems, data, licences and environments needed for the agreed work.
- Ensure supplied content and instructions may lawfully be used and do not infringe another person’s rights.
- Use secure channels for credentials and personal information; do not send passwords or sensitive datasets in an ordinary website enquiry.
- Maintain appropriate backups and business-continuity arrangements unless responsibility for these has expressly been assigned to DevForge.
Each party remains responsible for the obligations allocated to it. Changes caused by missing information or delayed approvals will be discussed and documented, rather than treated as automatic acceptance or an unrestricted right to charge.
05Fees, deposits and payment
Fees, currency, tax treatment, deposit requirements, invoicing milestones and payment due dates must be stated in the accepted quotation or agreement. This website does not establish a standard deposit percentage, interest rate or late-payment charge.
A deposit is a payment toward the agreed work. Whether any amount is retained after cancellation depends on lawful charges, work performed and commitments reasonably incurred, as explained in our Refund & Cancellation Policy.
Raise invoice concerns promptly and identify the item in dispute so that we can investigate. Any suspension for non-payment must follow the agreed process, reasonable notice where appropriate and applicable law. Charges not agreed in advance will not be imposed merely because they appear in an updated website policy.
06Testing, acceptance and defects
Testing responsibilities, review periods and objective acceptance criteria should be agreed for each milestone. We will provide the agreed deliverables for review and work with you to identify whether a reported issue is a defect against the specification or a new requirement.
Report suspected defects with enough information to reproduce the problem, without disclosing unnecessary personal information. Any contractual correction period or warranty should be stated in the project agreement.
Nothing here removes a statutory right to services of an appropriate quality or to an applicable repair, correction, refund or other remedy. A milestone payment or operational use does not, by itself, waive rights that the law does not allow you to waive.
07Intellectual property and licences
You retain rights in material you supply. You grant us only the permissions reasonably needed to use it for the agreed services.
Ownership of project-specific source code, designs, documentation and other deliverables must be expressly recorded in the project agreement, including whether transfer depends on payment. This website does not itself transfer ownership or grant an unrestricted licence.
Pre-existing tools, reusable components and know-how remain with their respective owners, subject to any agreed licence. Third-party and open-source components remain subject to their own licence terms. Any permissions and ongoing licence costs material to your intended use should be identified as part of the engagement.
The DevForge name, website copy, branding and artwork may not be reproduced commercially without permission, except where permitted by law.
08Confidentiality and personal information
Non-public technical, commercial and business information shared for an engagement should be used only to perform that engagement or for another lawful, agreed purpose. Access should be limited to people and service providers who need it and are subject to appropriate obligations.
Confidentiality does not prevent a disclosure required by law, or apply to information that is lawfully public, independently developed or lawfully received without a duty of confidence.
Our Privacy / POPIA Policy explains the proposed handling of personal information. Where DevForge processes personal information on a client’s instructions, the parties must agree an appropriate written operator arrangement and security responsibilities. The privacy notice does not replace that agreement.
09Hosting, third parties and support
Hosting, monitoring, maintenance, backups, incident response and ongoing support are included only to the extent specified in the agreement. Service levels, support hours, response targets, recovery objectives and exclusions must be expressly agreed; this website makes no universal uptime or resolution-time guarantee.
Cloud platforms, payment services, integrations and other third-party products are subject to their providers’ terms, availability, licence restrictions and pricing. We will identify material dependencies within the agreed scope. Third-party limitations do not remove our responsibility for the services we have undertaken to perform.
AI-enabled features require an agreed scope, data-handling arrangements and appropriate validation. Their inclusion does not guarantee the correctness of every output or replace necessary human review.
10Acceptable website use
You may use the website to learn about our services and contact us for legitimate business purposes. Do not use it to impersonate another person, distribute unlawful material, introduce malicious code, interfere with availability or attempt unauthorised access to systems or information.
Links to external websites are provided for convenience. Their content and privacy practices are controlled by their operators. We may update or temporarily interrupt this website for maintenance, security or content changes.
11Cancellation, suspension and handover
Cancellation and refund requests are handled under the accepted agreement, our Refund & Cancellation Policy and applicable law. A client’s mandatory statutory rights take precedence over a conflicting contract term.
Where an engagement ends, the parties should agree an orderly handover of relevant deliverables, accounts and client information, subject to lawful payment and licence arrangements. Credentials, data return, retention, deletion and any separately agreed migration services should be addressed explicitly. Ending an engagement does not authorise unlawful destruction or disclosure of client information.
12Responsibility and liability
Liability is governed by applicable law and any lawful, expressly agreed allocation of risk in the project agreement. This website does not impose an automatic financial cap or a blanket exclusion of liability.
No term is intended to exclude liability that cannot lawfully be excluded, including applicable liability for fraud, wilful misconduct, gross negligence or a breach of a non-excludable consumer right. Each party should take reasonable steps to prevent and limit avoidable loss.
If circumstances beyond a party’s reasonable control materially affect delivery, that party should notify the other, mitigate the effects and discuss a practical solution. Such circumstances do not automatically cancel statutory remedies or justify charging for services that will not be supplied.
13Governing law and resolving concerns
South African law applies, subject to any mandatory protections that apply to a particular client or transaction. If a concern arises, contact us with the relevant project details and the outcome you seek so that we can try to resolve it in good faith.
This process does not prevent you from approaching an appropriate regulator, ombud, tribunal or court, or obtaining urgent relief. No mandatory arbitration, exclusive distant venue or waiver of statutory complaint rights is imposed by this website.
If a provision is unenforceable, the remaining provisions continue to apply to the extent legally possible. Any agreed change to a client engagement should be recorded in writing.
14Contact DevForge
For quotations, project terms or questions about these conditions, contact:
- Peter de Jongh: peter@devforge.co.za · +27 84 255 7521
- JP Roelofse: jp@devforge.co.za · +27 83 378 2681
Business location: South Africa.
Related legislation & resources
Official sources used when preparing this draft.