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Terms and Conditions

DATA SIM PACKAGES AND FIBRE CONNECTIVITY SERVICES

Futech resells mobile data services from Telkom Mobile, MTN, Vodacom, Cell C, and Rain, as well as fibre connectivity services from Zoomfibre, Evotel, and Openserve. These services are provided on a month-to-month basis and are governed by the following terms in addition to Futech’s general Terms & Conditions.

MOBILE DATA SERVICES (Telkom, MTN, Vodacom, Cell C, Rain)

Service Availability and Coverage

Mobile data services are provided on a best-effort basis with no minimum service levels guaranteed. Speeds and quality of service depend on multiple factors including network coverage, distance from towers, weather conditions, interference, and network congestion. Coverage maps are provided by the respective network providers and are based on tower capacity and signal strength modelling. Futech does not guarantee service availability in areas shown on coverage maps, as factors such as building structures, vegetation, and device placement may affect connectivity.

Location-Based Services

Certain mobile data services (including Vodacom 5G and Fixed LTE) are locked to specific geographic locations. During signup, you must provide the exact address where the service will be used. The SIM card will be locked to this location and must make its first connection at this address. Services found to be used at different geographic locations may be permanently suspended or cancelled without refund. Location changes may be permitted once per year with 30 days advance notice, subject to coverage availability at the new location.

RICA Compliance

All mobile data services are subject to RICA (Regulation of Interception of Communications and Provision of Communication-Related Information Act) requirements. You will be required to provide identification documents and proof of address upon signup and delivery. Personal information will be processed solely for RICA compliance purposes. Required documents include:

  • For individuals: Valid South African ID, passport, or permit, plus proof of physical address
  • For businesses: Company registration documents, tax clearance certificate, and authorized representative identification

Device Requirements

Services must be used in approved devices only. Using non-approved or network-locked devices may result in service suspension. Approved device lists are provided during signup and vary by network provider. You are responsible for ensuring your device is compatible and approved before purchasing services.

Payment and Billing

Mobile data services are billed monthly in advance. Initial purchase generates a prorata invoice for the remaining days of the month. Upon SIM activation, a new prorata invoice will be generated and the original purchase invoice will be credited. Accepted payment methods are credit card and debit order. Debit order payments must clear before delivery (clearance can take up to 5 business days). Data allocation may take up to 48 hours after SIM insertion.

Data Allocation and Usage

Capped Services: Monthly data allocations are provided based on your selected package. Unused data from capped services rolls over for one month. Top-up data can be purchased if monthly allocation is exhausted. Top-up data is valid for 30 days from purchase and unused portions roll over for one month. Rolled-over data is used first each month before monthly allocation is consumed.

Uncapped Services: Services have no usage cap but are subject to Acceptable Usage Policies which may affect speeds during peak times or excessive usage. Speeds are limited to the maximum speed of your selected package and device capabilities.

Service Changes and Cancellations

Service changes (upgrades or downgrades) can be requested at any time but only take effect on the 1st of the following month, provided no service change restrictions apply. Cancellations require one full calendar month’s notice and must be submitted via your client control panel by 5pm on the last day of the month. Services purchased on promotion may carry additional cancellation terms.

SIM Replacements

SIM swaps will be processed where possible. Delivery fees for replacement SIMs will be charged to your account.

FIBRE CONNECTIVITY SERVICES (Zoomfibre, Evotel, Openserve)

Service Provision and Equipment

Fibre services are provided as best-effort services by the respective fibre line providers (Zoomfibre, Evotel, or Openserve). All equipment and hardware supplied during installation remains the property of the fibre provider and may not be removed from the premises. Removal of equipment will result in charges being billed to your account. A fibre router/modem is required to use fibre services and must be purchased separately unless otherwise specified.

Coverage and Availability

Fibre availability is determined by the fibre provider’s network coverage. Areas shown as available on coverage maps may not have fibre ready at your specific address due to infrastructure limitations. Pre-orders do not guarantee fibre availability once network construction is completed. Installation is typically completed within 30 days but this timeframe is not guaranteed.

Installation Fees and Additional Costs

Installation and connection fees are prescribed by the fibre provider and must be paid before installation commences. Additional fees may apply for:

  • Trenching beyond included meters (typically 8-30 linear meters depending on provider)
  • Unblocking of pipes or crossing barriers (paving, tiling, tar)
  • Additional cabling beyond included amounts
  • Re-installations or indoor transfers (moving the connection point within the same premises)
  • Outdoor transfers (moving to a new address)
  • Speed re-grading (upgrading or downgrading line speed)

You will be informed of any additional charges before work is completed and must accept or reject these charges. Incorrect address information provided during signup will result in all related charges being your responsibility.

Speed and Service Changes

Service changes (upgrades or downgrades) can be requested via your client control panel. Changes typically take effect immediately or within 15 minutes, with brief downtime during the transition. Certain providers require 30 days notice for downgrades. New services and upgraded services can only be downgraded after 32 days or 6 months (depending on provider) from activation or last service change.

Data Allocation

Capped Services: Unused data rolls over for 3 months on a last-in-first-out basis. Rolled-over data is consumed first each month before monthly allocation. Rollover only applies to services that are paid up to date and renewed monthly. Failed payments prevent access to rollover data until the account is current.

Uncapped Services: No usage limits apply but speeds are limited to your fibre line speed. Services are for personal use only and may not be resold, shared for commercial purposes, or used by WISPs (wireless internet service providers). Fair usage policies may be implemented by providers at their discretion.

Cancellations and Terminations

All cancellations require one full calendar month’s notice via your client control panel. The earliest available cancellation date will be displayed when submitting the request. Early termination fees prescribed by the fibre provider apply if proper notice is not given. Services purchased on promotion may carry additional cancellation terms.

Fault Reporting and Repairs

Futech provides first-line troubleshooting only. Service issues beyond basic troubleshooting are escalated to the fibre provider for resolution. Faults caused by faulty customer equipment or user error may result in charges of up to R2,000 being applied to your account as prescribed by the fibre provider.

Hardware and Equipment Standards

Only ICASA and SABS approved hardware may be connected to the fibre line. Unapproved hardware that causes interference or damage to the fibre provider’s infrastructure is strictly prohibited. Any costs arising from damage caused by unapproved hardware will be charged to your account.

Landlord and Installation Consent

By placing an order, you confirm that consent has been obtained from the landlord, property owner, or body corporate for installation of fibre services at the premises.

GENERAL TERMS APPLICABLE TO ALL SERVICES

No Service Level Guarantees

All mobile data and fibre services are provided on a best-effort basis. Futech and the underlying network providers do not guarantee specific speeds, uptime, or service availability. No credits or refunds will be provided for service interruptions lasting less than 9 days (for select fibre services) or for mobile service disruptions caused by network conditions, weather, or factors beyond Futech’s control.

Payment Obligations

All services must be paid according to the billing schedule. Failed payments may result in immediate service suspension. Services remain suspended until payment is received. Late payments may incur interest charges and service reactivation fees. Accounts with outstanding balances for more than 30 days may be permanently cancelled without refund.

Service Suspension and Termination

Futech reserves the right to suspend or terminate services immediately if:

  • Payments are not received within 7 days of the due date
  • Services are used in violation of these terms
  • Services are found to be resold or used for commercial purposes without authorization
  • Abusive, threatening, or unprofessional behavior is directed at Futech staff
  • Services negatively impact network integrity or other customers

No Refunds

All payments for mobile data and fibre services are non-refundable. This includes setup fees, installation fees, monthly service fees, and any additional charges. Cancellations do not entitle you to refunds for partial months or unused services.

Data Loss and Backups

Futech is not responsible for any data loss, service interruptions, or inability to access services. You are solely responsible for maintaining backups of any important data or information.

Third-Party Provider Terms

By subscribing to these services, you agree to be bound by the terms and conditions of the underlying network providers (Telkom Mobile, MTN, Vodacom, Cell C, Rain, Zoomfibre, Evotel, Openserve). These providers’ terms are incorporated into this agreement by reference.

Acceptable Use Policy

All services are subject to Futech’s Acceptable Use Policy. Prohibited activities include but are not limited to:

  • Using services for illegal purposes
  • Distributing malware, spam, or engaging in phishing
  • Violating intellectual property rights
  • Network abuse, hacking, or security breaches
  • Excessive bandwidth consumption affecting other users
  • Reselling services without authorization
  • Using services to operate WISPs or commercial networks without proper authorization

Violation of the Acceptable Use Policy may result in immediate service termination without refund.

Liability Limitation

Futech’s total liability for any claims arising from mobile data or fibre services shall not exceed the total amount paid for the affected service in the three months preceding the claim. Futech is not liable for any indirect, incidental, special, or consequential damages including lost profits, data loss, or business interruption.

WEBSITE DESIGN AND HOSTING SERVICES – SPECIAL TERMS

These additional terms apply specifically to clients who engage Futech for website design and hosting services under our Website-as-a-Service model.

Service Model and Monthly Payments

Futech provides website design and hosting services on a month-to-month subscription basis. Clients pay a monthly service fee as specified in their invoice or service agreement. This monthly fee may include promotional discounts or special pricing offered at Futech’s discretion.

Cancellation and 30-Day Notice Requirement

Clients may cancel website design and hosting services at any time by providing written notice via email. A minimum of 30 days advance notice is required for cancellation. The service will continue until the end of the 30-day notice period, and the Client remains responsible for payment during this time.

Upon cancellation, the Client’s website will be taken offline at the end of the notice period unless the Client has met the requirements for source code transfer as outlined below.

12-Month Minimum Payment Requirement for Source Code Access

If the Client wishes to obtain the website source code, files, database, or any proprietary materials created by Futech, the Client must have paid a minimum of 12 months of service fees calculated at the standard undiscounted rate before source code will be released.

For clarity:

  • If the Client receives promotional pricing or discounts on their monthly service fee, the 12-month calculation is based on the full undiscounted standard rate, not the discounted rate actually paid.
  • Example: If the standard monthly rate is R320 but the Client pays a discounted rate of R200 per month, the Client must have paid the equivalent of 12 months at R320 per month (total: R3,840) before source code will be provided.
  • Payments are cumulative. If the Client has paid for 8 months at the time of cancellation, they must pay the remaining 4 months of the 12-month obligation (calculated at the standard undiscounted rate) before receiving source code.

Early Termination and Source Code Release

If the Client cancels or terminates services before completing 12 months of payments at the standard undiscounted rate, and wishes to obtain the source code:

  • The Client must pay the outstanding balance to reach the full 12-month standard rate total.
  • Once full payment of the 12-month obligation is received, Futech will provide the website source code, files, and database within 14 business days.
  • If the Client does not wish to pay the 12-month obligation, no source code or website files will be provided, and the website will be taken offline at the end of the notice period.

Transfer to Another Hosting Provider

If the Client wishes to transfer the website to another hosting provider before completing 12 months of payments:

  • The Client must first pay the full 12-month obligation calculated at the standard undiscounted rate.
  • Futech will provide reasonable assistance with the transfer process once payment is received in full.
  • The Client is responsible for any fees charged by the new hosting provider.

Intellectual Property and Ownership

Until the 12-month payment obligation is satisfied in full, all intellectual property rights in the website, including design, code, graphics, and content created by Futech, remain the exclusive property of Futech. The Client receives only a limited license to use the website while services are active and payments are current.

Upon receipt of the full 12-month payment obligation, ownership of the custom website code and design transfers to the Client. Futech retains ownership of any pre-existing frameworks, templates, plugins, or tools used in the website development.

Service Suspension for Non-Payment

If the Client fails to make any monthly payment within 7 days of the due date, Futech reserves the right to immediately suspend the website and all related services until payment is received. Suspended websites will not be accessible to the public. If payment is not received within 30 days of suspension, Futech may terminate the service and permanently delete all website files and data.

No Refunds

All payments for website design and hosting services are non-refundable. If the Client cancels before completing 12 months and chooses not to pay the remaining obligation, no refund will be provided for any months already paid.

Modifications and Updates During Service Period

Minor updates, bug fixes, and routine maintenance are included in the monthly service fee. Major redesigns, new features, or significant functionality changes outside the original scope may be subject to additional fees as agreed in writing.

Governing Law

These website design and hosting terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved in accordance with South African law, with jurisdiction in the courts of Mpumalanga Province.

MOBILE APPLICATION DEVELOPMENT SERVICES – TERMS & CONDITIONS

ACCEPTANCE OF TERMS

BY MAKING PAYMENT OF THE INITIAL DEPOSIT OR ANY PROJECT PAYMENT TO FUTECH, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS FOR APP DEVELOPMENT SERVICES.

Payment of any invoice constitutes your full acceptance of these terms, whether or not you have signed a separate agreement. If you do not agree to these terms, DO NOT MAKE PAYMENT.

The Scope of Work document provided with your invoice is incorporated into and governed by these Terms & Conditions.

1. SERVICES

Futech provides mobile application development services as detailed in the Scope of Work document provided to you. The Scope of Work describes the specific features, timeline, deliverables, platforms (iOS, Android, Web), and technical specifications for your project.

2. PROJECT TIMELINE

The project timeline is specified in your Scope of Work. This timeline is an estimate and may be extended if you cause delays, including failure to provide timely feedback, content, access to accounts, approvals, or other required materials within the timeframes specified. Futech will notify you of any timeline changes resulting from such delays.

3. FEES AND PAYMENT TERMS

3.1 Project Fees

The total project fee and payment schedule are specified in your invoice and Scope of Work. All amounts are due according to the payment schedule provided.

3.2 Payment Terms

All payments must be made within the timeframe specified on each invoice. Payments are processed in South African Rand (ZAR). You are responsible for any transaction fees, currency conversion fees, or bank charges. Late payments may result in:

  • Immediate suspension of all development work
  • Interest charges of 2% per month on overdue amounts
  • Termination of the project at Futech’s discretion

3.3 Payment Methods

Payment must be made via the methods specified on your invoice, including bank transfer, credit card, or other methods as agreed. You are responsible for ensuring payments are processed successfully and on time.

4. DEPOSIT AND REFUND POLICY

4.1 Initial Deposit

The initial deposit required to begin your project is NON-REFUNDABLE under any and all circumstances once development work has commenced. By making the deposit payment, you acknowledge and accept this non-refundable policy.

Development work is considered to have commenced when Futech begins any project-related activities, including but not limited to project planning, design work, coding, research, account setup, meetings, communications, or any other work related to your project.

4.2 No Refunds for Completed Work

All milestone payments are non-refundable once the corresponding work has been completed and delivered. Completion is determined when Futech has finished the work specified in the Scope of Work for that milestone, regardless of whether you have reviewed or approved it.

5. CANCELLATION AND TERMINATION

5.1 Cancellation by Client

You may cancel the project at any time by providing written notice via email. Upon cancellation:

  • The initial deposit is fully retained by Futech and is NON-REFUNDABLE
  • All milestone payments for completed work are NON-REFUNDABLE
  • You must immediately pay for all work completed beyond paid milestones, calculated at Futech’s hourly rate of R650 per hour or as a prorated portion of the next milestone
  • You must reimburse all third-party costs already incurred (hosting fees, API subscriptions, app store fees, developer account fees, licenses, software purchases, etc.)
  • Futech will provide all completed work in its current state within 10 business days of receiving final payment for outstanding amounts
  • Source code and project files will only be provided after all outstanding payments are received in full

5.2 Termination by Futech

Futech reserves the right to terminate the project immediately if:

  • You fail to make any payment within 14 days of the due date
  • You fail to provide required materials, feedback, approvals, or account access after 10 business days of request
  • You engage in abusive, threatening, or unprofessional behavior toward Futech staff
  • You breach any material term of these Terms & Conditions
  • The project scope changes significantly without written agreement

Upon Futech termination due to your breach, all payments made are non-refundable and you must immediately pay for all completed work, work-in-progress, and third-party costs incurred.

5.3 Effect of Termination

Upon termination for any reason, your license to use any incomplete work or Futech-owned materials immediately terminates. Intellectual property rights remain with Futech until final payment in full is received.

6. SCOPE CHANGES AND ADDITIONAL WORK

Any request to change the Scope of Work must be submitted in writing via email. Futech will provide a written estimate for the additional cost and time required. No additional work will begin until you approve the revised scope and associated costs in writing.

Additional work outside the approved Scope of Work will be billed at R650 per hour or as specified in a revised quote. Scope changes may extend the project timeline and increase total project cost.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership Transfer Upon Final Payment

You will receive full ownership of the custom application code, designs, and documentation ONLY upon receipt of final payment in full. Until final payment is received, all intellectual property rights remain exclusively with Futech.

7.2 Pre-existing and Third-Party Materials

Futech retains all rights to pre-existing code, frameworks, libraries, templates, and tools used in the project. You receive a perpetual, non-exclusive license to use these materials solely as integrated into your application.

Third-party libraries, APIs, SDKs, and services (such as Firebase, payment processors, mapping services, etc.) are subject to their own licenses and terms, which you must comply with. You are responsible for obtaining and maintaining any required licenses or subscriptions for third-party services used in your application.

7.3 Portfolio and Marketing Rights

Futech reserves the right to display the application (including screenshots, descriptions, and case studies) in portfolios, on Futech’s website, and in marketing materials unless you specifically request in writing that the project remain confidential.

8. CLIENT RESPONSIBILITIES

You agree to fulfill the following responsibilities in a timely manner:

  • Provide all requested content, including text, images, logos, branding guidelines, and other materials within 7 business days of request
  • Review deliverables and provide feedback or approval within 7 business days
  • Provide access to necessary accounts (Apple Developer Account, Google Play Console, hosting platforms, domain registrars, analytics tools, payment processor accounts, API credentials, etc.)
  • Respond to questions and requests for clarification within 5 business days
  • Make all payments according to the schedule provided
  • Ensure all content provided is legally owned by you or properly licensed
  • Obtain necessary licenses for any third-party services or APIs requested for integration
  • Register for and maintain required developer accounts (Apple Developer Program costs $99/year USD, Google Play Developer costs $25 one-time USD)

Failure to meet these responsibilities may result in project delays, additional costs, suspension of work, or termination of the project by Futech.

9. WARRANTIES AND POST-LAUNCH SUPPORT

9.1 Professional Standards

Futech warrants that all services will be performed in a professional manner consistent with industry standards and that the delivered application will substantially conform to the approved Scope of Work.

9.2 Bug Fixes and Technical Support

Futech will provide 30 days of bug fixes and technical support after final delivery at no additional cost. A “bug” is defined as functionality that does not work as explicitly documented in the approved Scope of Work.

The warranty does not cover:

  • Issues caused by your modifications to the code
  • Third-party service failures, API changes, or discontinued services
  • Changes to device operating systems (iOS/Android updates) or app store requirements
  • New feature requests or scope additions
  • Hosting, server, or infrastructure issues outside the application code
  • Issues caused by insufficient device specifications or outdated devices
  • Problems with user-provided content or data

9.3 Ongoing Maintenance

After the 30-day warranty period, ongoing maintenance, updates, feature additions, and support are available at R650 per hour or under a separate maintenance agreement.

9.4 App Store Submission

Futech will assist with initial app store submission to the Apple App Store and Google Play Store as specified in the Scope of Work. However:

  • You are responsible for maintaining developer accounts (Apple Developer Program, Google Play Console)
  • Apple and Google have their own review processes and may reject apps for reasons beyond Futech’s control
  • Review times vary (typically 1-7 days for Apple, 1-3 days for Google) and are not guaranteed
  • Resubmissions due to app store policy changes or review rejections may incur additional charges
  • You are responsible for ongoing app store compliance, updates for new OS versions, and annual renewals

9.5 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, FUTECH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE APPLICATION IS PROVIDED “AS IS” AFTER THE WARRANTY PERIOD.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUTECH’S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FUTECH FOR THE PROJECT.

FUTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, OR REPUTATIONAL DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project. This obligation continues for 2 years after project completion or termination.

Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

12. INDEPENDENT CONTRACTOR RELATIONSHIP

Futech is an independent contractor and not an employee, partner, or agent of yours. Futech is solely responsible for all taxes, insurance, benefits, and business expenses.

13. FORCE MAJEURE

Neither party shall be held liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, government restrictions, labor disputes, pandemics, power outages, internet failures, or third-party service outages (including hosting providers, API services, or cloud infrastructure).

14. INDEMNIFICATION

You agree to indemnify and hold harmless Futech from any claims, damages, or expenses arising from:

  • Content, data, or materials provided by you
  • Your use of the application in violation of laws or regulations
  • Your breach of these Terms & Conditions
  • Modifications made to the application by you or third parties after delivery
  • Your failure to obtain necessary licenses or permissions for third-party services
  • Claims that your use of the application infringes third-party intellectual property rights due to your content or specifications

15. TESTING AND ACCEPTANCE

You are responsible for thoroughly testing the application before final acceptance. Testing should include:

  • Functionality testing on target devices and platforms
  • Content review and verification
  • User experience testing
  • Performance testing under expected usage conditions

Acceptance of the final deliverable and release of final payment constitutes your acknowledgment that the application meets the specifications in the Scope of Work. Issues discovered after final payment and outside the 30-day warranty period may incur additional charges.

16. THIRD-PARTY SERVICES AND DEPENDENCIES

Your application may rely on third-party services, APIs, or platforms including but not limited to:

  • Apple iOS and App Store
  • Google Android and Play Store
  • Cloud hosting services (AWS, Google Cloud, Firebase, etc.)
  • Payment processors (Stripe, PayPal, etc.)
  • Mapping services (Google Maps, Apple Maps)
  • Analytics platforms
  • Push notification services
  • Authentication services

You acknowledge that:

  • These services have their own terms, pricing, and availability
  • Service disruptions, API changes, or price increases are beyond Futech’s control
  • You are responsible for maintaining accounts and paying fees for these services
  • Futech cannot guarantee continued compatibility if third-party services change their APIs or discontinue services

17. DATA PROTECTION AND PRIVACY

If your application collects, stores, or processes user data, you are responsible for:

  • Compliance with applicable data protection laws (POPIA in South Africa, GDPR if serving EU users, etc.)
  • Creating and maintaining privacy policies
  • Obtaining necessary user consents
  • Implementing appropriate security measures for user data
  • Handling data breaches and notifications

Futech will implement reasonable security measures in the application code but cannot guarantee absolute security. You are responsible for securing hosting infrastructure, databases, and API credentials.

18. GOVERNING LAW AND DISPUTE RESOLUTION

18.1 Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

18.2 Dispute Resolution

Any disputes arising from these Terms or the services provided shall first be attempted to be resolved through good faith negotiation between the parties. If negotiation fails within 30 days, disputes may be resolved through mediation or in the courts of Mpumalanga Province, South Africa.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms & Conditions, together with the Scope of Work and invoice, constitute the entire agreement between the parties and supersede all prior agreements, understandings, or communications, whether written or oral.

19.2 Amendments

Futech reserves the right to update these Terms & Conditions at any time. Updated terms will be posted at futech.co.za with a new “Last Updated” date. Changes apply to projects initiated after the update date. Projects in progress remain under the terms accepted at the time of initial payment unless both parties agree in writing to new terms.

19.3 Severability

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

19.4 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without Futech’s prior written consent. Futech may assign these Terms to any successor or affiliate.

19.6 Notices

All notices required under these Terms must be sent via email (for notices to Futech) or to the email address provided on your invoice (for notices to you). Notices are deemed received when sent.

19.7 Survival

The following sections survive termination or completion of the project: Sections 4 (Deposit and Refund Policy), 7 (Intellectual Property Rights), 10 (Limitation of Liability), 11 (Confidentiality), 14 (Indemnification), and 18 (Governing Law and Dispute Resolution).

BY MAKING PAYMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS FOR APP DEVELOPMENT SERVICES.

For questions contact:

Futech
Contact Us page: https://www.futech.co.za/contact-us/
WhatsApp or phone number: 013 004 0019
Location: Middelburg, Mpumalanga, South Africa

By making payment a payment to your invoice, you acknowledge and agree to these special terms in addition to Futech’s general Terms & Conditions.

Last update made: 8 February 2026