Terms &conditions.

About Synthik

The information below is provided in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA).

Synthik is not a member of any self-regulatory or accreditation body and does not subscribe to any industry code of conduct. Our services are described on the services pages.

Definitions

• “Synthik”, “we”, “us” means Dillon Wernich, trading as Synthik.
• “Client”, “you” means the person or organisation that accepts a proposal or uses this website.
• “Proposal” means the written quote, scope of work or statement of work we send you, including any changes you approve in writing.
• “Deliverables” means the websites, software, designs, documentation and other work we produce for you under a proposal.

Using this website

You may use this website for lawful purposes only. The content, design, logos and code of this website belong to Synthik and may not be copied or reused without our written permission. We take care to keep the information accurate but it is general and may change; it does not form an offer. We are not responsible for the content of third-party websites we link to.

Proposals and agreement

A project starts when you accept our proposal in writing (including by e-mail) and pay any deposit it requires. The proposal, these terms and any signed agreement together form the contract. If they conflict, the signed agreement applies first, then the proposal, then these terms.

Proposals are valid for 30 days unless stated otherwise. Work outside the agreed scope is a change request: we will quote it in writing and only start once you approve it.

Fees and payment

• All prices are in South African rand (ZAR). Synthik is not currently registered for VAT, so no VAT is charged. If that changes, your quote will say whether VAT is included.
• Unless your proposal says otherwise, fixed-price projects are invoiced as a 50% deposit before work starts and the balance before launch or handover. Fixed-term contracts are invoiced monthly in advance or against milestones, as set out in the proposal.
• Invoices are payable within 7 days by EFT, unless stated otherwise.
• If an invoice is overdue, we may pause work and hosting until it is paid. Interest may be charged on overdue amounts at the rate allowed by the Prescribed Rate of Interest Act 55 of 1975.
• Third-party costs such as domains, hosting plans, app-store fees, licences and paid APIs are payable by you, directly or on recharge at cost.

Your responsibilities

To keep the project on schedule, you agree to provide content, feedback, approvals and access to accounts within reasonable time, and to make sure you have the right to use any material you send us (text, images, logos and data). Delays in providing these may move the timeline and, for fixed-term contracts, do not extend the term without agreement.

Timelines and acceptance

We give realistic timelines in each proposal and keep you informed of progress. Before launch you will review the deliverables on a private preview. Deliverables are accepted when you approve them in writing, put them into live use, or do not report a defect within 10 business days of delivery. We fix defects that do not match the agreed scope at no charge for 30 days after launch.

Ownership and intellectual property

• Once the project is paid in full, ownership of the custom deliverables we create for you transfers to you, including source code and designs.
• We keep ownership of our pre-existing tools, libraries, templates and know-how, and grant you a perpetual, non-exclusive, royalty-free licence to use them as part of your deliverables.
• Open-source and third-party components remain subject to their own licences, which we will identify on request.
• Unless you ask us not to in writing, we may show the finished work (not confidential information) in our portfolio.

Confidentiality and personal information

Each party will keep the other’s confidential information secret and use it only for the project, during the engagement and afterwards. We are happy to sign your non-disclosure agreement. Where we process personal information on your behalf, we act as your operator under POPIA, as described in our privacy policy.

Hosting, support and maintenance

Hosting, maintenance and support plans are optional, quoted separately and billed monthly or annually. Either party may cancel a monthly plan with one calendar month’s written notice. Third-party platforms (such as Google Cloud, Firebase, Apple and Google Play) have their own terms and availability, which are outside our control.

Cancellation

You may cancel a project at any time by written notice. You will pay for work done up to the date of cancellation and for any third-party costs already committed; any deposit is applied to that amount, and we will refund any balance. Ownership of work paid for transfers to you.

If you are a consumer under the Consumer Protection Act 68 of 2008 and have a fixed-term agreement with us, you may cancel it on 20 business days’ written notice under section 14, subject to a reasonable cancellation charge allowed by that Act.

Under section 44 of ECTA, a consumer may cancel an electronic transaction for services within 7 days of concluding the agreement without reason or penalty. In terms of section 42(2)(a), this cooling-off right does not apply to services that, with your consent, began before the end of the 7-day period.

Warranties and liability

We perform our services with reasonable skill and care, in line with good industry practice. Software is complex, so we do not guarantee that deliverables will be error-free or uninterrupted, or guarantee particular search rankings, app-store approval or business results.

To the extent allowed by law, our total liability for any claim relating to a project is limited to the fees you paid us for that project in the 12 months before the claim, and we are not liable for indirect or consequential loss, including loss of profit or data, except where caused by our gross negligence or wilful misconduct. Nothing in these terms limits any right you have under the Consumer Protection Act that cannot lawfully be excluded.

Disputes and governing law

These terms are governed by the laws of the Republic of South Africa. If a dispute arises, we will first try in good faith to resolve it by discussion within 14 days. If that fails, either party may refer it to mediation, or to a court of competent jurisdiction in Durban, KwaZulu-Natal, including the Magistrate’s Court where its jurisdiction allows.

General

No change to these terms is valid unless in writing. If any clause is found to be unenforceable, the rest remain in force. A failure to enforce a right is not a waiver of it. Notices may be sent by e-mail to the addresses in the proposal, and to us at info@synthik.co.za. Our physical address for legal notices and the service of documents is provided on written request to that email address, and is set out in every signed proposal.

We may update these terms from time to time; the version that applied when you accepted your proposal governs that project.