Terms of Service

By accessing or using our website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations of the Republic of South Africa. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These terms constitute a legally binding agreement between you and Prickly Pear Innotech (Pty) Ltd in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002.

Prickly Pear Engineering provides software engineering and technology consulting services, including but not limited to:

• Custom software development and engineering
• Technical architecture and system design
• Technology consulting and advisory services
• Code review and technical assessments
• Integration and automation solutions

All services are provided on a project basis with pricing determined through individual quotations following an initial consultation. We do not offer fixed-price services for direct online purchase.

In accordance with Section 43(2) of the ECT Act, before entering into any agreement for our services, you will have the opportunity to:

• Review the entire scope of the proposed engagement
• Correct any mistakes in your requirements or information provided
• Withdraw from the transaction before final confirmation

Cooling-Off Period: In terms of Section 44 of the ECT Act, where applicable to electronic transactions, you have the right to cancel the transaction within 7 (seven) days of concluding the agreement, without reason or penalty. This right does not apply to services that have already been rendered or custom work that has commenced with your approval.

All quotations provided are valid for 30 days unless otherwise specified. Quotations include:

• A description of the services to be provided
• The total price, including VAT where applicable
• Payment terms and schedule
• Estimated timeline for delivery

Payment terms are specified in individual project agreements. We utilise secure payment methods in compliance with Section 43(5) of the ECT Act.

Both parties agree to maintain the confidentiality of proprietary and sensitive information disclosed during the course of our engagement:

These confidentiality obligations survive the termination of our agreement for a period of 3 (three) years.

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

• Our total liability for any claim arising from our services shall not exceed the total fees paid by you for the specific service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of profits, data, business opportunities, or goodwill

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African law.

We warrant that our services will be performed with reasonable skill and care in accordance with generally accepted industry standards.

Except as expressly stated in these terms or in a separate project agreement, our services are provided "as is" without any other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Either party may terminate a service engagement by providing written notice as specified in the relevant project agreement. Upon termination:

• You shall pay for all services rendered up to the date of termination
• We shall deliver all completed work product to you
• Confidentiality obligations shall continue as specified in Section 7

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to:

• The Electronic Communications and Transactions Act 25 of 2002
• The Consumer Protection Act 68 of 2008
• The Protection of Personal Information Act 4 of 2013

Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, specifically the Western Cape Division of the High Court.

In the event of any dispute arising from these terms or our services, the parties agree to:

1. First attempt to resolve the dispute through good faith negotiation within 14 days
2. If unsuccessful, submit the dispute to mediation before an agreed mediator
3. If mediation fails, either party may pursue litigation in accordance with Section 12