Terms of Service

Extra Brains provides software development, web design, mobile application development, IT services, IT support, and consultation services. The specific scope, deliverables, timelines, and fees for any project will be agreed upon in a separate written proposal or service agreement between you and Extra Brains.

You agree to use our website and Services lawfully. You may not:

• Use our website for any unlawful or fraudulent purpose
• Attempt to gain unauthorised access to our systems or data
• Interfere with or disrupt the operation of our website
• Copy, reproduce, or redistribute our content without permission
• Transmit any harmful code, viruses, or malicious software

All content on our website -- including text, graphics, logos, images, and software -- is the property of Extra Brains or its licensors and is protected by South African copyright law (Copyright Act 98 of 1978) and international intellectual property laws.

For client projects, intellectual property ownership and licensing terms will be specified in the applicable project agreement. Unless otherwise agreed in writing, ownership of deliverables transfers to the client upon full payment.

Fees for our Services are as quoted in your project proposal or service agreement. Unless stated otherwise:

• All amounts are quoted in South African Rand (ZAR) and are inclusive of VAT where applicable
• Payment terms are as specified in your service agreement
• Late payments may incur interest at the prescribed rate under the National Credit Act
• We reserve the right to suspend services if payments are overdue

To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008 ("CPA"):

• Our website and its content are provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages arising from your use of our Services
• Our total liability for any claim shall not exceed the fees paid by you for the specific service giving rise to the claim

Nothing in these Terms excludes liability that cannot be excluded under South African law, including liability for gross negligence or wilful misconduct.

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act 4 of 2013 ("POPIA").

Either party may terminate the use of our Services or any project engagement in accordance with the terms of the relevant service agreement. We reserve the right to suspend or restrict access to our website at any time without notice if we reasonably believe you have breached these Terms.

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the jurisdiction of the courts of the Republic of South Africa.

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. If a dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation or the relevant court.

We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. Your continued use of our Services after any changes constitutes acceptance of the updated Terms.

If you have questions about these Terms, please get in touch: