Terms of Service

Welcome to Custom8ion. By accessing our website or using our services, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

By using Custom8ion's services, you acknowledge that you have read, understood and agree to be bound by these Terms of Service and our Privacy Policy.

2. Services

Custom8ion provides:

• Software development services (mobile apps, web applications, custom software)
• IT consulting and advisory services
• Cloud solutions and infrastructure management
• Technology procurement services

Specific service details, deliverables and pricing will be outlined in separate agreements or proposals.

3. Free Consultation

Our free 30-minute consultation is offered to potential clients to discuss their technology needs. This consultation:

• Is informational in nature and does not create a client relationship
• Does not guarantee the provision of services
• May be recorded for quality assurance (with your consent)
• Is subject to availability

4. Client Obligations

When engaging our services, clients agree to:

• Provide accurate and complete information
• Respond promptly to requests for information or feedback
• Make timely payments as agreed
• Comply with all applicable laws and regulations
• Respect intellectual property rights

5. Payment Terms

Unless otherwise specified in a separate agreement:

• Payment terms will be outlined in project proposals
• Invoices are due within 30 days of issue
• Late payments may incur additional charges
• Work may be suspended for non-payment

6. Intellectual Property

Custom8ion's IP: All proprietary tools, methodologies and pre-existing intellectual property remain the property of Custom8ion.

Client Work Product: Upon full payment, clients receive ownership of custom-developed code and deliverables as specified in the project agreement, subject to any third-party licenses.

7. Confidentiality

Both parties agree to:

• Maintain confidentiality of proprietary information
• Not disclose confidential information to third parties
• Use confidential information only for the intended purpose
• Return or destroy confidential information upon request

8. Warranties and Disclaimers

Custom8ion warrants that services will be performed in a professional and workmanlike manner. However:

• Services are provided "as is" unless otherwise specified
• We do not guarantee uninterrupted or error-free operation
• We are not liable for third-party software or services
• Client is responsible for backup and data protection

9. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the fees paid for the specific service
• We are not liable for indirect, incidental or consequential damages
• We are not liable for loss of data, profits or business opportunities

10. Termination

Either party may terminate an engagement:

• With written notice as specified in the project agreement
• Immediately for material breach
• Upon mutual agreement

Upon termination, client remains responsible for payment of services rendered.

11. Indemnification

Client agrees to indemnify Custom8ion against claims arising from:

• Client's use of deliverables
• Client-provided content or materials
• Client's breach of these terms
• Violation of third-party rights

12. Changes to Services

We reserve the right to:

• Modify or discontinue services with reasonable notice
• Update our pricing and service offerings
• Refuse service to anyone for any lawful reason

13. Governing Law

These Terms are governed by the laws of South Africa. Any disputes will be resolved in the courts of Johannesburg, Gauteng.

14. Dispute Resolution

In the event of a dispute:

• Parties will first attempt good-faith negotiation
• Mediation may be pursued before litigation
• Each party bears its own legal costs unless otherwise awarded

15. Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, strikes or government actions.

16. Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between parties and supersede all prior understandings.

17. Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

18. Changes to Terms

We may update these Terms from time to time. Continued use of our services constitutes acceptance of updated Terms.

19. Contact Information

For questions about these Terms, contact us:

• Email: info@custom8ion.com

← Back to Home