Terms & Conditions

Agreement

By accessing or using the services provided by gooltech, you agree to be bound by these Terms and Conditions.

Definitions

In these Terms and Conditions, the following terms shall have the meanings ascribed to them:

• "Client" refers to the party engaging the services of the Company.
• "Services" refer to the software development and related services provided by the Company.
• "Project" refers to the specific software development project agreed upon by the Client and the Company.

Description of Services

gooltech shall provide software development and related services as outlined in the Project agreement. The Project's scope, timeline, and deliverables shall be defined in a separate agreement between the parties.

Acceptance Criteria

The Client and gooltech shall agree upon acceptance criteria for the Project, which shall be documented in the Project agreement.

Payment and Fees

Pricing and Payment Terms:

• The pricing for the Services shall be detailed in the Project agreement. Payment terms, billing schedules, and accepted payment methods will also be specified in the Project agreement.

Late Payment:

• In the event of late payment, gooltech reserves the right to suspend Services until payment is received.

Taxes:

• The Client is responsible for any applicable taxes related to the Services.

Intellectual Property

Ownership of Work Product:

• gooltech retains ownership of all work product, including but not limited to code, designs, and documentation, unless stated in the Project agreement

License Grant :

• The Client is granted a non-exclusive, non-transferable license to use the work product solely for its intended purpose as specified in the Project agreement.

Third-Party Components:

• The use of third-party components or software may be included in the Project. Licensing terms and obligations for such components will be outlined in the Project agreement.

  Confidentiality and Non-Disclosure:

• Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the Project, as detailed in a separate Non-Disclosure Agreement if applicable.

Client Responsibilities

Cooperation and Communication:

• The Client agrees to cooperate with gooltech and provide timely feedback, information, and approvals necessary for the successful completion of the Project.

Access to Client Systems or Data:

• If required for the Project, the Client shall provide access to its systems, data, or other resources as agreed upon in the Project agreement.

Testing and Acceptance:

• The Client is responsible for conducting testing and acceptance procedures as defined in the Project agreement.

  Testing and Acceptance:

• The Client is responsible for conducting testing and acceptance procedures as defined in the Project agreement.

Change Requests

Process for Requesting Changes:

• Requests for changes to the Project scope, timeline, or deliverables must be submitted in writing and may result in adjustments to the Project agreement.

Impact on Timeline and Cost:

• Changes to the Project may impact the timeline and cost, which will be discussed and agreed upon by the parties.

Approval Process:

• Changes to the Project must be approved in writing by both parties to be considered valid.

  Testing and Acceptance:

• The Client is responsible for conducting testing and acceptance procedures as defined in the Project agreement.

Termination and Cancellation

Conditions for Termination:

• Termination of the Project may occur in accordance with the termination conditions outlined in the Project agreement..

Termination Fees and Refunds:

• Termination fees, if applicable, will be specified in the Project agreement. Refunds, if any, will be handled as outlined in the Project agreement.

Rights and Obligations upon Termination:

• Upon termination, the rights and obligations of both parties will be detailed in the Project agreement.

Warranty and Support

Warranty Period:

• gooltech provides a warranty period during which it will address and rectify any defects or issues as outlined in the Project agreement.

Support and Maintenance Services:

• Post-warranty support and maintenance services, if desired, may be outlined in a separate agreement.

Bug Fixes and Updates:

• gooltech may release bug fixes and updates as necessary, which may be subject to additional terms and fees.

Limitation of Liability

Disclaimer of Certain Damages :

• To the fullest extent permitted by law, gooltech disclaims liability for any indirect, incidental, consequential, or special damages arising out of or related to the Services.

Maximum Liability:

• The maximum liability of gooltech, if any, shall be limited to the fees paid by the Client for the Project.

Indemnification

Responsibilities for Legal Claims :

• The Client and the Company agree to indemnify and hold each other harmless from any third-party claims arising out of or related to the Services.

Defense and Settlement :

• The party seeking indemnification shall promptly notify the other party of any claims and allow the other party to control the defense and settlement of such claims.

Confidentiality

Handling of Confidential Information :

• Both parties shall maintain the confidentiality of any proprietary or confidential information exchanged during the course of the Project.

Data Security Measures :

• gooltech shall implement reasonable data security measures to protect any Client data or information.

Data Privacy Compliance :

• gooltech agrees to comply with applicable data privacy laws and regulations in the handling of personal data.

Force Majeure

Explanation of Force Majeure Events :

• Neither party shall be liable for any failure or delay in performing its obligations due to events beyond its reasonable control.

Effects on Performance:

• In the event of a force majeure event, the affected party's performance under the agreement shall be temporarily suspended.

Governing Law and Jurisdiction

Choice of Law :

• These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.

Dispute Resolution Mechanisms:

• Any disputes arising out of or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.

Amendments and Modifications

Procedure for Updating the T&C:

• These Terms and Conditions may be updated or amended with written notice to the Client.

Notification to Clients:

• Clients will be notified of any updates or amendments to these Terms and Conditions.

Entire Agreement

Statement that T&C Represents the Entire Agreement:

• These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings.

Superseding Previous Agreements:

• These Terms and Conditions supersede any previous agreements or understandings, whether written or oral, between the parties.

Severability

Provision for the Validity of Unenforceable Clauses:

• If any provision of these Terms and Conditions is found to be unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

Waiver

Statement that Failure to Enforce Rights Doesn't Constitute a Waiver:

• The failure of either party to enforce any rights or provisions of these Terms and Conditions shall not be considered a waiver of those rights.

Notices

Addresses for Legal Notices:

• All legal notices or communications required under these Terms and Conditions shall be sent to the addresses specified by the parties.

Miscellaneous

Assignment of Rights:

• Neither party may assign its rights or obligations under these Terms and Conditions without the prior written consent of the other party

Independent Contractor Relationship:

• The relationship between the parties is that of independent contractors, and nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, or employment relationship.

Survival of Certain Provisions:

• Provisions related to intellectual property, confidentiality, indemnification, and limitations of liability shall survive the termination of these Terms and Conditions.