Terms and Conditions

1. Cookies

We use non-essential analytics cookies only where you have accepted them. On your first visit we ask for your choice through a banner, and no analytics cookies are set unless you accept. You can change your choice at any time using the Cookie Settings link in the footer, and declining does not restrict your access to any part of the site. Our Privacy Policy explains what we collect and why.

2. Intellectual property in this website

Unless otherwise stated, IvoryOnline and/or its licensors own the intellectual property rights for all material on this website, including the text, design, logo, code and images. All intellectual property rights are reserved. You may view and print pages from this website for your own personal or internal business use, subject to the restrictions below.

You must not:

• •Republish material from this website;
• •Sell, rent or sub-license material from this website;
• •Reproduce, duplicate or copy material from this website;
• •Redistribute content from this website.

Client names, logos and project images shown in our portfolio remain the property of their respective owners and are used to identify work we have carried out.

3. Linking to our content

The following organisations may link to our website without prior written approval:

• •Government agencies;
• •Search engines;
• •News organisations;
• •Online directory distributors;
• •System-wide accredited businesses.

4. iFrames

Without prior approval and written permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our website.

5. Content liability

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that arise on your website. No links should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringe any third-party rights.

6. Website disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and its use. The content on this website is general information about our services and does not constitute professional advice or an offer capable of acceptance. Nothing in this disclaimer will:

• •limit or exclude our or your liability for death or personal injury;
• •limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• •limit any of our or your liabilities in any way that is not permitted under applicable law; or
• •exclude any of our or your liabilities that may not be excluded under applicable law.

As long as this website and the information on it are provided free of charge, we will not be liable for any loss or damage of any nature arising from your use of it.

7. Quotes and scope

We provide written quotations based on the scope described to us at the time. A quotation is valid for 30 days and is an estimate based on that scope, not a fixed price for unlimited work. Work begins once you have accepted the quotation in writing. Any change to the agreed scope — new features, redesigns, additional integrations or platforms — will be quoted separately and may affect the delivery timeline. Timelines are good-faith estimates that assume timely feedback, content and access from you.

8. Your responsibilities

To let us do our work, you agree to:

• •Provide the content, assets, credentials and system access we reasonably need;
• •Nominate someone who can give feedback and sign work off;
• •Respond to requests for approval within a reasonable time;
• •Confirm that you own or are licensed to use any material you supply to us.

If a project is delayed or paused by more than 30 days for reasons outside our control, we may invoice for work completed to date and reschedule the remaining work.

9. Fees and payment

All fees are quoted in South African Rand (ZAR) and, unless stated otherwise, exclude VAT. Unless your quotation says otherwise, a deposit is payable before work starts and the balance on completion; larger projects are invoiced against agreed milestones. Invoices are payable within 14 days of the invoice date. Hosting, maintenance and support are billed in advance for the agreed period. We may suspend work or services on overdue accounts after giving you written notice, and interest may be charged on late payment at the rate prescribed from time to time. Third-party costs — domains, licences, certificates, app store fees and similar — are for your account.

10. Ownership of what we build

On receipt of payment in full, ownership of the intellectual property rights in the custom work produced specifically for you — source code, designs and assets built for your project — transfers to you. Until we are paid in full, all rights remain with us.

This does not transfer, and we retain full ownership of, our pre-existing materials: our frameworks, libraries, tools, know-how and reusable components that we bring to the project and use across clients. To the extent those are embedded in what we deliver, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of the delivered work. Third-party and open-source components remain subject to their own licences. We may continue to use the general skills, techniques and knowledge gained during your project on other work.

11. Portfolio and credit

Unless you tell us in writing that you would rather we did not, we may identify you as a client and display a description and screenshots of the completed work in our portfolio and marketing material. We will never publish your confidential information, data or credentials.

12. Warranty and defects

We warrant that our services are performed with reasonable skill and care by suitably competent people. For 30 days after delivery, we will correct at no charge any defect in the work we delivered that causes it to fail to perform materially in accordance with the agreed scope. This warranty does not cover changes to the agreed scope, faults caused by modifications made by you or a third party, misuse, or failures in third-party services, hosting or software outside our control. Beyond this warranty, and to the maximum extent permitted by law, the services are provided without further warranties. We do not warrant that software will be uninterrupted or error-free.

13. Hosting, maintenance and backups

Where we host or maintain your product, we rely on third-party infrastructure providers and cannot guarantee uninterrupted availability. We will use reasonable efforts to keep services available and to restore them promptly after an interruption. Any specific availability commitment or backup schedule applies only if it is set out in a written agreement between us. You remain responsible for keeping your own independent copy of your data unless we have agreed otherwise in writing.

14. Confidentiality and data protection

Each of us agrees to keep the other's confidential information confidential and to use it only for the purposes of the engagement. Where we process personal information on your behalf, we do so only on your instruction and in line with our Privacy Policy and our obligations as an operator under POPIA. You remain the responsible party for personal information in systems we build or host for you, and you are responsible for the lawfulness of the data you ask us to process.

15. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of profit, revenue, business, goodwill, anticipated savings or data. Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by you to us for that engagement in the 12 months preceding the claim. Nothing in these terms limits either party's liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

16. Termination

Either of us may terminate a project on 30 days written notice, or immediately if the other commits a material breach and fails to remedy it within 14 days of being asked to. On termination you must pay for all work completed and all committed third-party costs up to the termination date. Ongoing hosting, maintenance and support arrangements continue until either of us cancels them on 30 days written notice. Clauses that are intended to survive termination — confidentiality, intellectual property, limitation of liability — do so.

17. Independent contractor

We provide services as an independent contractor. Nothing in these terms creates a partnership, joint venture, agency or employment relationship between us. We may use subcontractors, and we remain responsible for their work.

18. Governing law

IvoryOnline operates in the Republic of South Africa and its transactional currency is the South African Rand (ZAR). These terms are governed by South African law, and the courts of South Africa have jurisdiction over any dispute. Before starting legal proceedings, we each agree to try in good faith to resolve the dispute by discussion between senior representatives.

19. Changes to these terms

We may revise these terms from time to time. The effective date at the top of this page shows when they were last revised, and the current version always lives at this address. The terms that apply to a project are those in force when the quotation was accepted.

20. Contact us

Questions about these terms are welcome at info@ivoryonline.co.za or 083 601 9242. You can also read our Privacy Policy.