Terms of Service

By engaging Hardt Consulting (Pty) Ltd, you confirm that you have read, understood, and agree to these Terms of Service, together with any applicable statement of work or proposal. If you do not agree, you must not use our services.

Client means the entity receiving services. Deliverables means work products specifically created for the Client. Services means consulting, development, design, advisory, or related services provided by Hardt Consulting. Statement of Work means a written document describing scope, milestones, timelines, and fees.

We provide software consulting and development services, including architecture, implementation, review, and technical advisory. Specific services, timelines, and deliverables will be detailed in a Statement of Work or proposal agreed by both parties.

The Client must provide timely access to information, materials, systems, and decision-makers required for delivery. The Client is responsible for the accuracy of information supplied and for obtaining any required third-party permissions.

Upon full payment, the Client will own the Deliverables created specifically for the Client, excluding any pre-existing materials, tools, libraries, or frameworks owned by Hardt Consulting or third parties. We retain ownership of our background IP and may reuse general know-how and non-confidential techniques.

Each party must keep confidential information strictly confidential and use it only for the purpose of the engagement. Confidential information does not include information that is public, independently developed, or lawfully obtained from a third party. Confidentiality obligations survive termination.

Fees, invoicing schedules, and payment terms are set out in the Statement of Work. Unless otherwise agreed, invoices are payable within 14 days. Late payments may accrue interest at the maximum rate permitted by law and may result in suspension of services.

Delivery dates are estimates unless explicitly stated as fixed. We will use reasonable efforts to meet milestones, provided the Client meets its obligations. Delays caused by the Client may result in revised timelines and additional costs.

Changes to scope, requirements, or deliverables must be agreed in writing. We may provide a revised statement of work or change order that sets out updated fees, timelines, and impacts.

We warrant that services will be performed with reasonable skill and care. Except as expressly stated, we provide services and deliverables on an as-is basis and disclaim implied warranties to the extent permitted by law, including warranties of merchantability and fitness for a particular purpose.

To the maximum extent permitted by law, our total liability arising out of or related to the services will not exceed the fees paid by the Client for the relevant services during the six months preceding the claim. We will not be liable for indirect, consequential, special, or punitive damages, including loss of profits, revenue, or data.

The Client agrees to indemnify and hold Hardt Consulting harmless against claims, damages, and expenses arising from the Client's misuse of deliverables, breach of these terms, or infringement of third-party rights based on materials provided by the Client.

Either party may terminate an engagement for material breach if the breach is not cured within a reasonable period after written notice. Upon termination, the Client must pay for services performed up to the termination date, and each party must return or destroy confidential information.

Parties will attempt to resolve disputes through good-faith negotiation. If unresolved, disputes may be referred to mediation and, if necessary, arbitration in South Africa under applicable rules. Nothing prevents either party from seeking urgent injunctive relief.

Neither party will be liable for delays or failures caused by events beyond reasonable control, including natural disasters, power failures, labor disputes, or government actions. Obligations will resume when the event ends.

These terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act and the Electronic Communications and Transactions Act where applicable. The courts of South Africa have exclusive jurisdiction unless otherwise agreed.

We may update these terms from time to time. Updated terms will be posted on our website and will apply to future engagements unless otherwise agreed in writing.

If any provision of these terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.

These terms, together with any statement of work, constitute the entire agreement between the parties and supersede all prior discussions, proposals, or agreements.

For questions about these terms, please contact us at the details provided below.