Terms of Service

1. Introduction

These terms of service govern your use of the Moducraft website (moducraft.io) and any services provided by Moducraft (Pty) Ltd (Registration: 2026/138609/07), a digital services company registered in South Africa.

By accessing this website or engaging our services, you agree to be bound by these terms. If you do not agree, please do not use this website or our services.

2. Services

Moducraft provides custom web development, AI integration, workflow automation, consulting, managed hosting, and website maintenance services. The specific scope, deliverables, timeline, and cost of any engagement will be agreed upon in writing before work commences.

3. Quotes and pricing

All prices displayed on this website and in proposals are in United States Dollars (USD) unless stated otherwise. Prices are indicative and may vary based on the specific requirements of your project. A formal proposal or statement of work will be provided before any work begins.

Quotes are valid for 30 days from the date of issue unless otherwise stated.

4. Payment terms

For project-based work, a 50% deposit is required before work commences. The remaining balance is due upon completion and before final handover. Alternative payment schedules may be agreed for larger engagements.

Monthly retainers and ongoing services are invoiced on the 1st of each month and are due within 14 days. Late payments may result in suspension of services.

Payment processing is handled through standard payment providers. We do not store credit card or bank details on our servers.

5. Intellectual property

Upon full payment, you own the final deliverables created specifically for your project, including custom website designs, application code, and content produced for your engagement.

We retain ownership of any underlying code frameworks, libraries, reusable components, internal tools, or methodologies that are developed independently or reused across projects. Where open-source components are used, they remain subject to their respective licences.

Third-party assets (stock photography, fonts, plugins, APIs) remain subject to their respective licences.

6. Client responsibilities

You are responsible for:

• Providing content (text, images, logos, credentials) in a timely manner
• Providing feedback and approvals within agreed timeframes
• Ensuring any information you provide is accurate and does not infringe on third-party rights
• Maintaining appropriate backups of your own data and systems

Delays caused by late content, feedback, or access may affect project timelines and delivery dates.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This includes business processes, technical specifications, pricing, and any information marked as confidential. This obligation survives termination of the engagement.

8. Warranties and disclaimers

We warrant that our services will be performed with reasonable skill and care, consistent with generally accepted industry standards.

We do not guarantee specific search engine rankings, traffic volumes, revenue outcomes, or any particular business result from the use of our services or deliverables.

All deliverables are provided "as is" upon handover unless an ongoing maintenance agreement is in place. We are not responsible for issues arising from modifications made by third parties after delivery.

9. Limitation of liability

Moducraft will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services or website, including but not limited to loss of profits, data, or business opportunity.

Our total liability for any claim arising from a specific engagement is limited to the total amount paid by you for that engagement in the twelve months preceding the claim.

10. Cancellation and refunds

For project-based work, if you cancel after work has commenced, you will be invoiced for work completed to date based on actual hours and deliverables produced. Deposits are non-refundable once work has started.

Monthly retainers and ongoing services may be cancelled with 30 days' written notice. No refunds are provided for the current billing period.

Either party may terminate an engagement immediately if the other party materially breaches these terms and fails to remedy the breach within 14 days of written notice.

11. Third-party services

Our services may involve third-party platforms, APIs, hosting providers, and tools. We are not responsible for the availability, terms, pricing changes, or data practices of these third-party services. We will advise you of significant third-party dependencies during project scoping.

12. Force majeure

Neither party will be liable for delays or failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, internet or power outages, government actions, or pandemics.

13. Governing law

These terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the jurisdiction of the courts of the Western Cape, South Africa.

By engaging our services, international clients acknowledge and agree to the application of South African law to these terms and any disputes arising from them. If you are based in the European Union, nothing in these terms affects your rights under mandatory consumer protection laws of your country of residence. If you are based in the United States, any disputes will be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), except where prohibited by law.

14. Data protection

We process personal data in accordance with our Privacy Policy. Where we act as a data processor on your behalf (for example, when building systems that handle your customers' data), we will enter into a Data Processing Agreement upon request.

15. International service delivery

Services are delivered remotely from South Africa. All prices are quoted in US Dollars (USD) unless otherwise agreed in writing. Invoices are payable in USD.

16. Changes to these terms

We may update these terms from time to time. The most current version will always be available on this page. Continued use of our website or services after changes constitutes acceptance of the updated terms.

17. Contact

If you have any questions about these terms, please contact us at [email protected].

Moducraft (Pty) Ltd
Registration: 2026/138609/07
92-94 Rosmead Ave, Kenilworth, Cape Town 7708, South Africa