1. Introduction
These Terms and Conditions (“Terms”) govern your use of the Rhobyte website located at https://rhobyte.co.za and any services provided by Rhobyte (“we”, “us”, “our”). Rhobyte is a sole proprietorship based in Durban, KwaZulu-Natal, South Africa.
By accessing our website, submitting an enquiry, or engaging us to provide services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms should be read alongside our Privacy Policy, which governs how we handle your personal information.
2. Services
Rhobyte provides the following services:
- Web Hosting — server hosting and management for websites and applications
- Web Development — custom website and web application design and development
- Quality Assurance & Testing — software testing and quality assurance services
- GIS Mapping — geographic information system development and spatial data visualisation
The specific scope, deliverables, timeline, and fees for any engagement will be agreed upon between Rhobyte and the client prior to commencement of work, either in writing (formal proposal or contract) or by confirmed email correspondence.
We reserve the right to decline any enquiry or project at our discretion.
3. Quotations and Proposals
All quotations and proposals provided by Rhobyte are valid for 30 days from the date of issue unless otherwise stated. A quotation does not constitute a binding agreement until both parties have confirmed acceptance in writing or by email.
Quotations are based on the information provided by the client at the time of enquiry. Material changes to project requirements after acceptance may result in revised pricing and timelines, which will be communicated to the client before additional work is undertaken.
4. Payment Terms
Payment terms will be specified in the project proposal or quotation. Unless otherwise agreed in writing, the following default terms apply:
- A deposit of 50% of the agreed project fee is due before work commences.
- The remaining balance is due upon project completion and prior to final delivery or launch.
- For ongoing hosting or retainer arrangements, invoices are issued monthly and are due within 14 days of invoice date.
All fees are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. Rhobyte reserves the right to charge applicable VAT should it become VAT-registered.
Late payments may result in suspension of services and/or the accrual of interest at the maximum rate permitted under the National Credit Act or such other rate as may be agreed. Rhobyte reserves the right to suspend or terminate services for non-payment after providing 7 days’ written notice.
5. Client Responsibilities
The client agrees to:
- Provide accurate, complete, and timely information, content, and feedback required for Rhobyte to perform the services.
- Ensure that all materials provided (text, images, logos, data) are owned by the client or that the client holds appropriate licences for their use. Rhobyte accepts no liability for third-party intellectual property infringement arising from client-supplied materials.
- Designate a point of contact who has authority to provide instructions and approvals on behalf of the client.
- Review and approve deliverables within the timeframes agreed upon. Delays caused by the client may affect project timelines and, where significant, may result in revised pricing.
Failure to fulfil these responsibilities may result in project delays for which Rhobyte will not be liable.
6. Revisions and Amendments
The number of revisions included in a project will be specified in the project proposal or quotation. Where no specific number is stated, up to two rounds of revisions are included in the quoted fee.
Revisions are defined as minor changes to agreed deliverables. Requests that materially change the scope, design direction, or functionality of the project are considered new work and will be quoted separately.
Additional revision rounds beyond those included will be charged at our standard hourly rate, which will be communicated to the client prior to the work being carried out.
7. Project Cancellation
Either party may cancel a project by providing written notice to the other party. The following terms apply upon cancellation:
- If the client cancels before work has commenced, any deposit paid is refundable less a reasonable administration fee.
- If the client cancels after work has commenced, Rhobyte is entitled to retain the deposit and to invoice for any work completed up to the date of cancellation, calculated on a pro-rata basis against the agreed project fee.
- If Rhobyte cancels a project, we will provide the client with all work completed to date and refund any portion of fees paid that have not been earned.
Cancellation must be confirmed in writing by email to admin@rhobyte.co.za.
8. Web Hosting Services
Where Rhobyte provides web hosting services, the following additional terms apply:
- Hosting services are provided on a monthly or annual basis as agreed. Hosting fees are non-refundable once a billing period has commenced.
- Rhobyte will make reasonable efforts to maintain server uptime but does not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where practicable.
- The client is responsible for maintaining adequate backups of their data. While Rhobyte may perform routine server backups, we do not guarantee the availability or completeness of backup data.
- Hosting may be suspended immediately for non-payment or if the client’s website is found to be in breach of applicable laws, distributing malware, sending spam, or engaging in any activity that endangers the server or other clients.
- Rhobyte reserves the right to amend hosting fees with 30 days’ written notice.
9. Intellectual Property
Work Produced by Rhobyte
Upon receipt of full and final payment, Rhobyte assigns to the client all intellectual property rights in the custom deliverables created specifically for that client under the project (such as custom code, designs, and content authored by Rhobyte).
Rhobyte retains ownership of and the right to reuse any pre-existing tools, frameworks, libraries, templates, methodologies, and general know-how used in the delivery of services. Where third-party open-source libraries or frameworks are incorporated, they remain subject to their respective licences.
Client-Supplied Materials
The client retains all intellectual property rights in materials they supply to Rhobyte. By providing materials to Rhobyte, the client grants us a non-exclusive licence to use those materials solely for the purpose of delivering the agreed services.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement and not to disclose such information to third parties without prior written consent, except as required by law.
Rhobyte may reference the client’s name and a general description of the services provided in our portfolio and marketing materials unless the client expressly requests otherwise in writing.
11. Limitation of Liability
To the fullest extent permitted by applicable South African law, Rhobyte’s total liability to the client for any claim arising out of or in connection with these Terms or the services provided shall not exceed the total fees paid by the client for the specific project or service giving rise to the claim.
Rhobyte shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
Nothing in these Terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
12. Website Use
By using the Rhobyte website, you agree to:
- Use the website only for lawful purposes and in a manner that does not infringe the rights of others.
- Not attempt to gain unauthorised access to any part of the website or its underlying systems.
- Not introduce viruses, malware, or any other harmful material to the website.
- Not use the website to transmit unsolicited commercial communications (spam).
The content on our website is provided for general information purposes only. While we endeavour to keep information accurate and up to date, we make no representations or warranties of any kind about the completeness, accuracy, or suitability of the information.
We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice.
13. Third-Party Links
Our website may contain links to third-party websites. These links are provided for convenience only. Rhobyte has no control over the content of those websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
14. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation before initiating formal legal proceedings.
15. Changes to These Terms
Rhobyte reserves the right to update or amend these Terms at any time. The revised Terms will be posted on our website with an updated date. Your continued use of our website or services after such changes constitutes your acceptance of the updated Terms. We encourage you to review this page periodically.
16. Contact
If you have any questions about these Terms and Conditions, please contact us:
- Email: admin@rhobyte.co.za
- Location: Durban, KwaZulu-Natal, South Africa
- Website: https://rhobyte.co.za