Terms and Conditions

1. Introduction

Welcome to Radiant Wave Systems. These Terms and Conditions ("Terms") govern your use of our website, services, and software development solutions. By accessing or using our services, you agree to be bound by these Terms.

Company: Radiant Wave Digital Marketing (Pty) Ltd
Trading As: Radiant Wave Systems
Registration: 2024/470810/07
Address: 2470 Baumgarten Avenue, Amandasig, Pretoria, South Africa

2. Definitions

• "Client" refers to any individual or entity that engages our services.
• "Services" refers to software development, web applications, consulting, and related services provided by Radiant Wave Systems.
• "Deliverables" refers to any software, documentation, or materials produced as part of our services.
• "Project" refers to any agreed-upon work as defined in a quote, proposal, or contract.

3. Services

3.1 Scope of Services

We provide custom software development, web application development, system integration, and consulting services. The specific scope of work for each project will be defined in a separate quote, proposal, or Memorandum of Understanding (MOU).

3.2 Project Acceptance

All projects require written acceptance of a quote or signing of a contract before work commences. Verbal agreements are not binding.

4. Payment Terms

4.1 Pricing

All prices are quoted in South African Rand (ZAR) and are exclusive of VAT unless otherwise stated. Quotes are valid for 30 days unless otherwise specified.

4.2 Payment Schedule

Payment terms are as specified in the project agreement. Standard terms include:

• 50% deposit upon project commencement
• 50% upon project completion
• Alternative milestone-based payments may be arranged

4.3 Payment Methods

We accept payments via:

• PayFast (Credit/Debit cards, EFT, Instant EFT)
• Direct bank transfer to Capitec Bank

4.4 Late Payments

Invoices are due within 7 days of issue unless otherwise agreed. Late payments may incur interest at 2% per month. We reserve the right to suspend services for accounts more than 30 days overdue.

5. Intellectual Property

5.1 Ownership

Upon full payment, the Client receives ownership of custom-developed code specific to their project. Radiant Wave Systems retains ownership of:

• Pre-existing code, frameworks, and libraries
• Reusable components and modules
• Development tools and methodologies

5.2 License

Clients receive a perpetual, non-exclusive license to use any retained components within their delivered project.

5.3 Third-Party Components

Projects may include third-party open-source components subject to their respective licenses (e.g., MIT, Apache, GPL).

6. Project Delivery

6.1 Timelines

Project timelines are estimates based on the defined scope. Delays caused by client feedback, scope changes, or third-party dependencies may extend timelines.

6.2 Acceptance

Clients have 14 days from delivery to review and accept deliverables. Failure to respond within this period constitutes acceptance.

6.3 Revisions

Each project includes a reasonable number of revisions as specified in the agreement. Additional revisions may be billed at our standard hourly rate.

7. Warranties and Support

7.1 Warranty Period

We provide a 30-day warranty period after project completion for bug fixes related to the original scope. This does not cover:

• Issues caused by client modifications
• Third-party service changes or outages
• New feature requests
• Hosting or infrastructure issues

7.2 Ongoing Support

Support and maintenance packages are available for purchase separately. Terms will be defined in a separate support agreement.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, data, or business opportunities
• We are not liable for third-party service failures

9. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the project. This obligation survives termination of the agreement. Confidential information does not include information that is publicly available or independently developed.

10. Termination

10.1 By Client

Clients may terminate a project with 14 days written notice. The client remains responsible for payment of all work completed up to the termination date.

10.2 By Radiant Wave Systems

We may terminate a project if the client breaches these Terms, fails to make payments, or becomes insolvent. We will provide reasonable notice where possible.

10.3 Effect of Termination

Upon termination, we will deliver all completed work upon receipt of outstanding payments. Deposits are non-refundable unless otherwise agreed.

11. Dispute Resolution

Any disputes arising from these Terms shall be resolved as follows:

1. Negotiation: Parties will first attempt to resolve disputes through good faith negotiation
2. Mediation: If negotiation fails, parties will attempt mediation
3. Arbitration: Unresolved disputes will be submitted to arbitration in accordance with the Arbitration Act of South Africa

12. Governing Law

These Terms are governed by the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the South African courts.

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, power outages, or pandemic.

14. General Provisions

• Entire Agreement: These Terms, together with any signed contracts, constitute the entire agreement between the parties.
• Amendments: We may update these Terms at any time. Continued use of our services constitutes acceptance of updated Terms.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: Clients may not assign their rights without our written consent.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.

15. Contact Us

If you have any questions about these Terms and Conditions, please contact us: