Terms of Service
Last Updated: May 2024
These Terms of Service ("Terms") govern your use of the website located at https://www.fbrc.co.za (the "Site") and the IT services, software development, and consulting services (collectively, "Services") provided by Fabric IT Solutions ("Fabric," "we," "us," or "our").
By accessing our Site or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or Services.
1. Services & Engagement
Fabric provides custom software development, IT support, IoT solutions, and technical leadership (CTO on Demand).
- Consultations: Initial strategy calls or consultations are provided to assess needs but do not constitute a binding contract for project delivery until a formal Statement of Work (SOW) or Service Level Agreement (SLA) is signed.
- Service Scope: The specific scope, timelines, and deliverables for any technical project will be defined in a separate written agreement.
2. Intellectual Property Rights
A. Our Content
All content on the Site, including text, graphics, logos, and code snippets, is the property of Fabric IT Solutions and is protected by South African and international copyright laws.
B. Development Work
Unless otherwise agreed in a written Statement of Work:
- Client Content: You retain ownership of all data and materials provided to us for the project.
- Deliverables: Upon full payment, the specific custom software built for you will be licensed or transferred to you as per your individual contract.
- Fabric Frameworks: We retain ownership of any pre-existing code, libraries, or methodologies (Fabric IP) used in the development process.
3. Payments & Fees
- Quotes: All quotes are valid for 30 days unless stated otherwise.
- Project Payments: Custom development typically requires an upfront deposit, with milestone payments following.
- Recurring Services: Monthly IT support and maintenance fees are billed in advance and are subject to the terms of your SLA.
- Late Payments: We reserve the right to suspend Services or withhold software deployment if payments are not made according to the agreed schedule.
4. Client Responsibilities
To ensure the success of our partnership, you agree to:
- Provide timely feedback and approvals during development cycles.
- Ensure you have the legal right to any data or third-party software you ask us to integrate.
- Maintain the security of any credentials or access tokens we provide to you.
5. Warranties & Limitation of Liability
- "As Is" Basis: While we strive for perfection, software is provided "as is" and "as available." We do not guarantee that software will be entirely bug-free or that IT systems will experience 100% uptime.
- Indirect Damages: To the maximum extent permitted by South African law, Fabric IT Solutions shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities, arising from the use of our Services.
- Liability Cap: Our total liability for any claim arising out of these Terms shall not exceed the total amount paid by you to us for the specific service in question during the 12 months preceding the claim.
6. Confidentiality
Both parties agree to keep all non-public business information, technical data, and trade secrets strictly confidential during and after the term of our engagement.
7. Termination
- By You: You may terminate a project or recurring service based on the notice period defined in your specific SLA (typically 30 to 90 days).
- By Us: We may suspend or terminate Services immediately if you breach these Terms, fail to pay, or engage in illegal activities.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts in South Africa.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify clients of significant changes via email or a notice on our website. Continued use of our Services after changes constitutes acceptance of the new Terms.
10. Contact Information
For any questions regarding these Terms, please contact us at:
Fabric IT Solutions
Email: hello@fbrc.co.za
Web: www.fbrc.co.za