Effective Date: Ma 7, 2024

1. Introduction

These Terms and Conditions (“Terms”) govern the use of the services offered by NPOBytes (Pty) Ltd., a South African company with (“NPOBytes”, “we”, “us”, or “our”) and your access to and use of our website www.npobytes,co,za (the “Website”). By accessing or using the Website or engaging our services, you (“Client”, “you”, or “your”) agree to be bound by these Terms.

2. Acceptance of Terms

These Terms constitute a legally binding agreement between you and NPOBytes. Please read these Terms carefully before accessing or using the Website or engaging our services. Your access to and use of the Website and our services signifies your acceptance of these Terms. If you do not agree to all of these Terms, you may not access or use the Website or our services.

3. Services

NPOBytes provides consulting services specializing in technology solutions for non-profit organizations (“Services”). The specific services offered may be described in detail on the Website or in a separate proposal provided to you.

4. Engagement

To engage NPOBytes for services, you may contact us through the Website or by other means outlined on the Website. We will work with you to understand your specific needs and develop a proposal outlining the scope of services, fees, timeline, and other relevant details. Your engagement of our services is confirmed upon your written acceptance of the proposal.

5. Fees and Payment

Our fees for services are outlined in the proposal you receive. Fees may be based on an hourly rate, project fee, or retainer agreement. Unless otherwise specified in the proposal, payment terms are net 30 days from the date of the invoice. Late payments may be subject to a late fee.

6. Scope of Services

The scope of services will be clearly defined in the proposal. We will use our best efforts to complete the services in accordance with the agreed-upon scope and timeline. However, we reserve the right to modify the scope of services or timeline upon written agreement with you, which may necessitate adjustments to fees or other terms.

7. Client Responsibilities

You are responsible for providing us with all necessary information and materials in a timely manner to complete the Services. You will also designate a point of contact within your organization who will be responsible for communication and collaboration with NPOBytes.

8. Intellectual Property

NPOBytes retains all intellectual property rights associated with our methodologies, processes, and deliverables, unless otherwise agreed upon in writing. Any work product created by NPOBytes specifically for your project will be your property, subject to full payment of all fees.

9. Confidentiality

We will maintain the confidentiality of all information you disclose to us in connection with the Services, except for information that is publicly known or in the public domain, or that we are required to disclose by law. You agree to maintain the confidentiality of all information you receive from NPOBytes in connection with the Services.

10. Term and Termination

These Terms will remain in effect until terminated by either party. You may terminate these Terms by providing us with written notice. We may terminate these Terms for cause, including, but not limited to, your failure to pay for Services or your breach of these Terms. Upon termination, all outstanding fees will become immediately due and payable.

11. Disclaimer of Warranties

NPOBYTES PROVIDES THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. NPOBYTES DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AVAILABILITY, SECURITY, NON-INFRINGEMENT, OR PERFORMANCE.

12. Limitation of Liability

IN NO EVENT SHALL NPOBYTES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, EVEN IF NPOBYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless NPOBytes, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website or Services, or your breach of these Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed