• dan@devlabs.co.za

    087 809 0994

Terms & Conditions

TERMS AND CONDITIONS

DevLabs CC

www.devlabs.co.za

Effective Date: 17 February 2026

1. Introduction

These Terms and Conditions (“Terms”) govern the use of the website, products, and services provided by DevLabs CC (“DevLabs”, “we”, “us”, or “our”), a close corporation registered in the Republic of South Africa, with its principal place of business at Unit A13, Westlake Square, 1 Westlake Drive, Cape Town, 7945.

By accessing our website at devlabs.co.za, engaging our services, or using any of our software products, you (“the Client”, “you”, or “your”) agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

2. Definitions

  • “Services” means any web development, mobile application development, API development, website hosting, email hosting, SEO services, software consulting, or related digital services provided by DevLabs.
  • “Products” means any software-as-a-service (SaaS) applications, web applications, or digital products developed and offered by DevLabs, whether on a subscription or once-off basis.
  • “Project” means any specific scope of work agreed upon between DevLabs and the Client, as documented in a proposal, quotation, or service agreement.
  • “Deliverables” means the tangible outputs of a Project, including but not limited to websites, mobile applications, APIs, design files, source code, and documentation.
  • “Retainer” means an ongoing monthly service arrangement between DevLabs and the Client for continued development, maintenance, or support.

3. Services

3.1 Scope of Services

DevLabs provides bespoke software development and digital services including, but not limited to:

  • WordPress website design and development
  • Custom web application development (using frameworks such as Laravel and Vue/React)
  • Native and cross-platform mobile application development for iOS and Android
  • API development and integration (including AWS API Gateway and Lambda)
  • Website and email hosting
  • Search engine optimisation (SEO)
  • SaaS product development and licensing

3.2 Service Agreements

All Projects will be governed by a separate written proposal, quotation, or service agreement (“Service Agreement”) which will set out the specific scope, timelines, fees, and deliverables. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail in respect of that particular Project.

3.3 Retainer Arrangements

Where the Client engages DevLabs on a monthly retainer basis, the scope of work, monthly hours, and fees will be set out in a separate retainer agreement. Unused hours in any given month do not roll over to subsequent months unless otherwise agreed in writing.

4. Quotations and Fees

4.1 Quotations

All quotations provided by DevLabs are valid for a period of 30 (thirty) days from the date of issue, unless otherwise stated. Quotations are estimates based on the information available at the time and may be revised if the scope of the Project changes.

4.2 Fees and Payment

  • All fees are quoted in South African Rand (ZAR) unless otherwise specified.
  • A deposit of 50% of the quoted fee is required before work commences on any Project, unless otherwise agreed in writing.
  • The remaining balance is due upon completion and delivery of the Project, or as per the payment schedule outlined in the Service Agreement.
  • Retainer fees are invoiced monthly in advance and are due within 7 (seven) days of the invoice date.
  • SaaS product subscription fees are billed in accordance with the applicable subscription plan and payment terms.

4.3 Late Payment

Invoices not paid within the agreed payment terms will attract interest at a rate of 2% per month on the outstanding amount. DevLabs reserves the right to suspend or terminate Services if payment is not received within 14 (fourteen) days of the due date. The Client shall be liable for any collection costs, including legal fees on an attorney-and-client scale, incurred by DevLabs in recovering outstanding amounts.

4.4 Additional Work

Any work requested by the Client that falls outside the agreed scope of the Project will be treated as additional work and will be quoted separately. DevLabs will not proceed with additional work without the Client’s prior written approval.

5. Project Process and Timelines

5.1 Development Process

DevLabs follows a structured development process consisting of the following phases: initial consultation and requirements gathering; planning and scoping; design; development; testing and quality assurance; and launch/deployment. The Client will be consulted and updated throughout each phase.

5.2 Client Responsibilities

The Client acknowledges that timely completion of Projects depends on the Client’s cooperation and prompt provision of:

  • Content, images, logos, and other materials required for the Project
  • Feedback and approvals at each stage of the development process
  • Access to necessary third-party accounts, platforms, or systems
  • Clear and complete project requirements

Delays caused by the Client’s failure to provide the above within a reasonable timeframe may result in extended timelines and additional fees. If a Project is delayed for more than 60 (sixty) days due to Client inaction, DevLabs reserves the right to invoice for work completed to date and close the Project.

5.3 Revisions

Unless otherwise specified in the Service Agreement, Projects include up to 2 (two) rounds of revisions at each design and development milestone. Additional revision rounds will be quoted and billed separately.

6. Intellectual Property

6.1 Ownership of Deliverables

Upon receipt of full payment for a Project, the Client will own the final Deliverables, including any custom code, designs, and content created specifically for the Client’s Project. This excludes any pre-existing intellectual property, third-party components, or reusable frameworks owned by DevLabs (see 6.2).

6.2 DevLabs Intellectual Property

DevLabs retains ownership of:

  • All proprietary tools, libraries, frameworks, and code components developed independently by DevLabs, whether before or during the Project
  • Any reusable components, templates, or methodologies used in the delivery of the Project
  • All SaaS products and their underlying source code, architecture, and intellectual property

DevLabs grants the Client a non-exclusive, perpetual licence to use any such components as incorporated into the Client’s Deliverables, solely for the Client’s intended use.

6.3 Third-Party Components

Projects may incorporate open-source software, third-party plugins, themes, APIs, or libraries. These components are subject to their own licensing terms, and the Client agrees to comply with such terms. DevLabs does not claim ownership of third-party components.

6.4 Portfolio Rights

DevLabs reserves the right to showcase completed Projects in its portfolio, on its website, and in marketing materials, unless the Client requests otherwise in writing prior to commencement of the Project.

7. Hosting and Infrastructure

7.1 Hosting Services

Where DevLabs provides hosting services, these are subject to the following conditions:

  • Hosting fees are billed monthly or annually in advance as agreed.
  • DevLabs will use commercially reasonable efforts to maintain server uptime but does not guarantee 100% availability.
  • Scheduled maintenance windows will be communicated in advance where possible.
  • The Client is responsible for maintaining their own backups of content and data unless a backup service has been specifically agreed upon.

7.2 Domain Names

Where DevLabs registers or manages domain names on behalf of the Client, the domain remains the property of the Client. The Client is responsible for timely renewal fees. DevLabs is not liable for any loss resulting from domain expiry or transfer disputes.

8. SaaS Products and Subscriptions

8.1 Licence

Access to DevLabs’ SaaS products is granted on a subscription basis. The subscription grants the Client a limited, non-exclusive, non-transferable licence to use the product for the duration of the subscription period, subject to the applicable plan terms.

8.2 Availability

DevLabs will use commercially reasonable efforts to ensure that SaaS products are available and functional. However, we do not guarantee uninterrupted access and shall not be liable for downtime caused by maintenance, third-party service failures, or force majeure events.

8.3 Data

The Client retains ownership of all data they input into DevLabs’ SaaS products. Upon termination of a subscription, the Client may request an export of their data within 30 (thirty) days, after which DevLabs may delete the data.

8.4 Acceptable Use

The Client agrees not to use DevLabs’ SaaS products for any unlawful purpose, to attempt to reverse-engineer or decompile any product, to introduce malicious code, or to exceed the usage limits of their subscription plan.

9. Warranties and Limitation of Liability

9.1 Warranty

DevLabs warrants that all Services will be performed with reasonable skill and care. For custom development Projects, DevLabs provides a warranty period of 30 (thirty) days from the date of final delivery, during which we will rectify any defects or bugs attributable to our work at no additional cost.

9.2 Exclusions

DevLabs does not warrant that:

  • Any website, application, or product will be completely free of errors or vulnerabilities
  • Third-party services, plugins, APIs, or platforms integrated into the Deliverables will continue to function without interruption or change
  • The Client’s website will achieve any particular search engine ranking or business outcome

9.3 Limitation of Liability

To the maximum extent permitted by law:

  • DevLabs’ total liability arising from or in connection with any Project or Service shall not exceed the total fees paid by the Client for that specific Project or Service in the 12 (twelve) months preceding the claim.
  • DevLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or business interruption.
  • DevLabs shall not be liable for any loss or damage arising from the Client’s failure to maintain adequate backups, security measures, or access controls.

10. Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public information disclosed by the other party during the course of the engagement. This obligation shall survive termination of the engagement for a period of 2 (two) years. Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from a third party.

11. Termination

11.1 Termination by the Client

The Client may terminate a Project or Service at any time by providing written notice to DevLabs. In the event of termination, the Client shall pay for all work completed up to the date of termination. Any deposit paid is non-refundable unless DevLabs has not commenced work on the Project.

11.2 Termination by DevLabs

DevLabs may terminate a Project or Service if:

  • The Client fails to make payment within the agreed terms
  • The Client is in material breach of these Terms or any Service Agreement
  • The Client becomes insolvent, is placed under business rescue, or is liquidated
  • Continuation of the Project becomes impractical due to circumstances beyond DevLabs’ reasonable control

11.3 Effect of Termination

Upon termination, DevLabs will deliver all completed Deliverables to the Client (subject to receipt of full payment for work done). Any licences granted to the Client for DevLabs’ proprietary tools or SaaS products will cease upon termination, unless separately agreed.

12. Indemnification

The Client agrees to indemnify and hold harmless DevLabs, its directors, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or in connection with:

  • The Client’s use of the Deliverables or Services
  • Any content, materials, or data provided by the Client
  • The Client’s breach of these Terms
  • Any third-party claims arising from the Client’s website, application, or use of DevLabs’ products

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, power outages, internet disruptions, cyberattacks, or civil unrest. The affected party shall notify the other party as soon as reasonably practicable and use reasonable efforts to mitigate the impact.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Western Cape Division, Cape Town.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any applicable Service Agreement, constitute the entire agreement between the parties in relation to the subject matter hereof and supersede all prior negotiations, representations, or agreements.

15.2 Amendments

DevLabs reserves the right to amend these Terms at any time. The amended Terms will be effective from the date they are published on our website. Continued use of our Services or Products after such amendments constitutes acceptance of the updated Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

15.5 Assignment

The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of DevLabs. DevLabs may assign its rights and obligations to a successor entity.

15.6 Notices

All notices under these Terms shall be in writing and sent to the relevant party’s email address on record. Notices to DevLabs should be sent to dan@devlabs.co.za.

16. Contact Us

For any questions or concerns regarding these Terms, please contact us:

DevLabs CC

Unit A13, Westlake Square

1 Westlake Drive, Cape Town, 7945

Email: dan@devlabs.co.za

Phone: 087 809 0994

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