Terms of Service
Effective date: 1 March 2025
These Terms of Service ("Terms") govern your access to and use of the SPS Software website located at https://www.sps-software.co.za and any related services we provide ("Services"). By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our website or Services.
1. About SPS Software
SPS Software is a South African technology company specialising in software development, cloud infrastructure, AI integration, and digital consultancy. We provide custom solutions to businesses, entrepreneurs, and organisations seeking to build or scale their digital operations.
We operate as a business entity under South African law. For any queries relating to these Terms, contact us at contact@sps-software.co.za.
2. Eligibility
By using our website or Services, you confirm that:
- You are at least 18 years of age, or are accessing the site under the supervision of a parent or legal guardian.
- You have the legal capacity to enter into a binding agreement.
- Your use of the Services complies with all applicable laws and regulations.
3. Use of the Website
Permitted Use
You may use our website for lawful purposes only, including to:
- Browse our services, projects, and blog content.
- Submit a contact or consultation enquiry.
- Create and manage a registered account.
- Access content you are authorised to view based on your account role.
Prohibited Conduct
You agree not to:
- Use the website in any manner that could damage, disable, or impair it.
- Attempt to gain unauthorised access to any part of the website, its servers, or related systems.
- Use automated scripts, bots, or scrapers without prior written consent.
- Upload or transmit viruses, malware, or any other malicious code.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Post or transmit any unlawful, harmful, defamatory, or otherwise objectionable content.
4. Accounts & Access
Certain areas of our website require a registered account (for example, the admin dashboard, creating blog posts, or managing projects). Where applicable:
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately at contact@sps-software.co.za if you suspect any unauthorised use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms or are used in a manner we deem harmful.
5. Consultations & Service Engagements
Booking
Consultation sessions can be booked directly through our website. By booking a session, you agree to:
- Provide accurate and complete information at the time of booking.
- Attend the session at the scheduled time, or cancel at least 24 hours in advance.
- Respect the time and professional boundaries of SPS Software team members.
Scope of Consultations
Free consultation sessions are exploratory in nature. They do not constitute a binding contract for ongoing services and do not guarantee any specific outcome or solution. Formal project engagements are governed by a separate Statement of Work or Service Agreement signed by both parties.
Fees
Where consultations or services are offered at a fee, pricing will be communicated to you explicitly in advance. Payment terms, milestones, and deliverables will be set out in a separate engagement agreement. We reserve the right to update our pricing at any time with reasonable notice.
6. Intellectual Property
Our Content
All content on this website — including but not limited to text, graphics, logos, icons, images, code, and software — is the property of SPS Software or its content suppliers and is protected by applicable South African and international intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any content on this site without prior written consent from SPS Software.
User-Submitted Content
If you submit content through our platform (e.g. blog posts created via an authorised account), you grant SPS Software a non-exclusive, royalty-free licence to host, display, and distribute that content on our platform. You retain ownership of content you create and are responsible for ensuring it does not infringe any third-party rights.
Client Work
Intellectual property rights for work produced under a paid project engagement will be addressed in the applicable Service Agreement. Unless otherwise agreed in writing, SPS Softwareretains rights to underlying frameworks, tooling, and methodologies used in delivery.
7. Third-Party Services & Links
Our website integrates with or links to third-party services including Google Calendar, WhatsApp, LinkedIn, GitHub, and Vercel. These services are governed by their own terms and privacy policies. SPS Software is not responsible for the content, availability, or practices of any third-party services.
8. Disclaimers & Limitation of Liability
No Warranty
Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
Limitation of Liability
To the fullest extent permitted by South African law, SPS Software and its directors, employees, and contractors will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of — or inability to use — our website or Services, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount you paid us, if any, in the 3 months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless SPS Software and its affiliates, officers, directors, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the website or Services.
- Your violation of these Terms.
- Your infringement of any third-party intellectual property or other rights.
10. Privacy
Your use of our website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your personal information as described therein.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. When we do, we will update the effective date at the top of this page. Material changes will be communicated where reasonably practicable. Your continued use of our website after changes are posted constitutes your acceptance of the revised Terms.
12. Termination
We may, at our sole discretion, suspend or terminate your access to any part of our website or Services at any time, with or without notice, for any reason — including violation of these Terms. Upon termination, your right to use our Services immediately ceases.
13. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved, disputes shall be submitted to the jurisdiction of the South African courts.
14. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent court, that provision shall be severed from the rest of the Terms, which shall continue in full force and effect.
15. Contact Us
If you have questions about these Terms, please reach out to us: