Terms of Service

1. About these terms

This website is operated by Minibytez Consulting (“Minibytez”, “we”, “us”), a company registered in South Africa with regional operations in Saudi Arabia. By using this website you accept these terms.

Where Minibytez provides services to a client, those services are governed by the written proposal, statement of work, master services agreement or order form signed for that engagement. If anything in that signed document conflicts with these terms, the signed document takes precedence.

2. Using this website

The content of this website is provided for general information about our capabilities. It is not professional, legal, financial, tax or cybersecurity advice for a specific situation, and it does not constitute an offer capable of acceptance.

• You may not use this website in a way that is unlawful, fraudulent or harmful
• You may not attempt to gain unauthorised access to the site, its infrastructure, or any connected system
• You may not use automated means to scrape, overload or disrupt the site, or to circumvent security measures
• You may not copy or republish substantial parts of the site's content without our written permission

We may change, suspend or withdraw any part of this website at any time. We aim to keep the site accurate and available, but we do not guarantee uninterrupted availability.

3. How our services are agreed

No engagement begins on a verbal scope. Work starts once a written proposal, statement of work or agreement is accepted, which will set out at minimum:

• The scope of work and the deliverables
• Assumptions, dependencies and exclusions
• Timelines, milestones and acceptance
• Fees, payment terms and expenses
• Ownership of deliverables and any licensed components
• Support, hosting and operational responsibilities after delivery
• Confidentiality and data protection terms

4. Scope, change and estimates

Estimates of effort, cost and duration are based on the information available when they are given. Software delivery is affected by factors including data quality, the behaviour of third-party systems, access to client stakeholders, approval timelines and changes in requirements.

Changes to agreed scope are handled through a written change process. Work outside the agreed scope is not performed on the assumption that it was implied.

5. Client responsibilities

To deliver an engagement we depend on the client to:

• Provide timely access to the people, systems, data and accounts required
• Hold and maintain their own accounts, licences and subscriptions with third-party platforms, and authorise our access to them
• Ensure they have the right to provide us with any data we are asked to process
• Respond to decisions, reviews and approvals within agreed timeframes
• Comply with the laws applicable to their business and its use of the systems we build

Delays caused by outstanding access, approvals or third-party dependencies may affect timelines and cost.

6. Third-party platforms and services

Our work commonly integrates third-party services: cloud infrastructure, payment providers, messaging platforms including the WhatsApp Business Platform, advertising platforms, accounting systems and hardware vendors.

• Those services are governed by their own terms, policies and pricing, which apply directly between the client and that provider
• We integrate them on the client's authorisation and, where applicable, on the client's own accounts
• We do not control their availability, functionality, review decisions, policy changes or pricing, and we are not responsible for changes they make
• Where a provider changes or withdraws functionality, any resulting rework is handled as a change to scope

We do not represent that we are endorsed, certified or approved by any third-party platform unless we state so explicitly and hold that status.

7. Intellectual property

Our materials

The Minibytez name, logo, website content and design remain our property. Our pre-existing tools, libraries, frameworks, platform components and know-how, including anything developed independently of an engagement, remain ours.

Client deliverables

Ownership of engagement deliverables is set out in the signed agreement. Our standard position is that, on full payment, the client owns the custom deliverables built specifically for them, and receives a perpetual licence to use any Minibytez platform components embedded in those deliverables for the purpose of operating their system.

Client materials

Client brand assets, content and data remain the client's property. We use them only to deliver the engagement.

Third-party components

Open-source and third-party components remain subject to their own licences, which are identified where relevant.

8. Data protection and confidentiality

Each party keeps the other's confidential information confidential and uses it only for the engagement. Our handling of personal information is described in ourPrivacy Policy, and engagements involving personal data are supported by appropriate data processing terms.

We do not publish client names, screenshots, architecture internals or commercial results without written permission. Work shown publicly on this site is anonymised.

9. Fees and payment

• Fees, currency, taxes and payment terms are set out in the applicable agreement
• Invoices are payable by the due date stated on them
• Third-party costs, including cloud infrastructure, licences, platform fees, advertising spend and hardware, are the client's responsibility unless the agreement states otherwise
• Ongoing operation, support and hosting services are billed on the agreed recurring basis
• We may suspend services for accounts that remain materially overdue, after notice

10. Warranties and disclaimers

We warrant that our services are performed with reasonable skill and care, by suitably competent people, in line with the agreed scope.

Beyond that, and to the extent permitted by law, this website and its content are provided “as is” without warranties of any kind. We do not warrant that software will be free of all defects, that any specific business or commercial outcome will be achieved, or that third-party services will remain available or unchanged.

11. Liability

Nothing in these terms excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence.

Subject to that, and except where the signed engagement agreement states otherwise, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity, or loss or corruption of data caused by systems outside our control. Our total aggregate liability arising from an engagement is limited to the amount stated in that engagement's agreement.

Liability limits for a specific engagement are always set out in that engagement's agreement.

12. Suspension and termination

Either party may terminate an engagement in accordance with the notice provisions of the signed agreement. On termination, the client pays for work performed and commitments made up to the termination date, and we hand over deliverables, credentials and data as provided for in that agreement.

We may suspend access to this website, or to services we operate, where necessary to protect security, comply with law, or respond to material breach or non-payment.

13. Governing law

These website terms are governed by the laws of the Republic of South Africa, and the courts of South Africa have jurisdiction over disputes arising from them. Where an engagement agreement specifies a different governing law or dispute resolution mechanism, for example for work performed in Saudi Arabia, that agreement prevails for that engagement.

14. Contacting us

• Email: info@minibytez.com
• Phone: +966 56 516 6085
• Entity: Minibytez Consulting, Durban, South Africa
• Regional operations: Riyadh, Saudi Arabia