Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your engagement with BaySoftware ("we", "our", "us"), a software consultancy based in Port Elizabeth (Gqeberha), Eastern Cape, South Africa. By requesting a quote, signing a proposal, or using our services, you agree to be bound by these Terms.

2. Services

BaySoftware provides software development and consultancy services including, but not limited to, website development, custom business tools, and digital solutions. The specific scope of work for each engagement is defined in a written proposal or agreement agreed upon by both parties before work commences.

We reserve the right to decline any project at our discretion without obligation to provide reasons.

3. Quotations & Proposals

All quotations are valid for 30 days from the date of issue unless otherwise stated. A signed proposal or written acceptance constitutes a binding agreement between the client and BaySoftware. Any changes to the agreed scope of work may result in revised pricing and timelines.

4. Payment Terms

Payment terms are outlined in each project proposal. Standard terms are:

• 50% deposit required before work commences
• Remaining balance due upon project completion, before final delivery
• All prices are quoted in South African Rand (ZAR) and are inclusive of any applicable taxes unless stated otherwise
• Late payments may result in work being paused until the outstanding balance is settled

5. Delivery & Timelines

Estimated timelines are provided in good faith and are dependent on timely feedback and content from the client. BaySoftware is not liable for delays caused by late client responses, incomplete information, or third-party dependencies. Any agreed deadlines will be communicated in writing.

6. Client Responsibilities

The client agrees to:

• Provide accurate, complete, and timely information required for the project
• Review and provide feedback within agreed timeframes
• Ensure all content, images, and materials supplied are legally owned or licensed
• Designate a primary point of contact for project communications

7. Intellectual Property

Upon receipt of full payment, the client receives full ownership of the final deliverables specific to their project. BaySoftware retains ownership of any proprietary frameworks, tools, libraries, or reusable code components used in the development process.

BaySoftware reserves the right to reference completed projects in its portfolio unless the client explicitly requests confidentiality in writing.

8. Revisions & Changes

Each project includes a defined number of revision rounds as specified in the proposal. Requests beyond the agreed revisions, or changes to the original scope, will be quoted separately and may affect delivery timelines.

9. Cancellation

Either party may cancel a project with written notice. In the event of client cancellation, the deposit is non-refundable and any work completed beyond the deposit value will be invoiced accordingly. BaySoftware reserves the right to cancel an engagement if the client is unresponsive for more than 30 consecutive days.

10. Limitation of Liability

BaySoftware's liability is limited to the total value of the project fees paid. We are not liable for any indirect, incidental, or consequential damages arising from the use of our deliverables, including but not limited to loss of revenue, data, or business opportunities.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of the Eastern Cape, South Africa.

12. Changes to These Terms

We reserve the right to update these Terms at any time. Changes take effect upon posting to this page. Continued use of our services constitutes acceptance of the revised Terms.