Service Terms

This agreement is between Ryan Geustyn, trading as NODE Systems, assisted by his parent or guardian, trading as NODE Systems ("the Developer"), and the person or business named in the signed order form or proposal ("the Client").

The Developer will provide the website design, build and related services described in the proposal or order form signed by both parties (the "Services"). The order form states whether the Client has chosen the monthly lease or the buyout. The Website Lease Agreement or the Website Buyout Agreement then applies together with this agreement. If they conflict, the more specific agreement applies.

Optional services such as monthly ad management and care plans are not part of a website package. Each one is only provided under its own written order form and agreement, which states the fee, what is included and how to end it. For ad management the Client owns the ad accounts and pays the advertising platforms directly; the Developer never holds the Client's money or card.

The Services are limited to what is listed in the order form. If the Client asks for something outside it, the Developer will give a written quote and only start once the Client accepts it. Extra work is charged separately.

The Client will provide the content, images, logos and information needed, on time, and confirm they have the right to use it. Delays in providing these may delay the project. The Client is responsible for the accuracy and legality of their own content.

Fees are as stated in the order form, in South African rand. NODE Systems is not VAT registered, so fees do not include VAT; if that changes the Client will be told in writing before it applies. Invoices are payable within 7 days. If an invoice is overdue, the Developer may send reminders and may pause the Services until the account is paid.

The Client keeps ownership of the content and materials they provide. The Client gives the Developer permission to use them to deliver the Services. Ownership of the finished website is set out in the Lease or Buyout agreement.

The Developer keeps ownership of its own tools, code libraries, templates and know-how, including anything it created before or outside this project.

The Developer may show the finished website and describe the project in its portfolio and marketing, unless the Client tells the Developer in writing that it may not. Founding clients agree to provide a testimonial and permission for a case study, as set out in their order form.

Each party will keep the other's confidential information private and only use it for this agreement, unless the law requires disclosure.

Each party will handle personal information in line with the Protection of Personal Information Act 4 of 2013. Where the Developer handles personal information for the Client (for example, form submissions on the Client's website), it does so only on the Client's instructions and will keep it secure. Where the law requires a separate agreement about this, the parties will sign one.

The Developer will perform the Services with reasonable skill and care. The Developer does not guarantee that the website will be free of interruptions or errors, or that it will produce a particular number of leads or sales.

To the extent the law allows, the Developer is not liable for indirect or consequential loss, such as lost profit. The Developer's total liability under this agreement is limited to the fees the Client paid in the 12 months before the claim. This does not limit liability that cannot be limited by law, including under the Consumer Protection Act 68 of 2008 where it applies.

This agreement starts on the date of the signed order form and continues until the Services end. Either party may end it with 14 days' written notice if the other breaches it and does not fix the breach within that time. Termination does not cancel amounts already owed. The Lease or Buyout agreement sets out what happens to the website.

This agreement, with the order form and any Lease or Buyout agreement, is the whole agreement between the parties. Changes must be in writing and signed by both. If part of it is found invalid, the rest stays in force. It is governed by the laws of the Republic of South Africa. The parties will first try to settle a dispute by talking, then by mediation, before going to court.