Terms of Service

These Terms of Service ("Terms") form a binding agreement between MB Development ("MB Development", "we", "us" or "our") and the person or entity engaging our services ("Client", "you" or "your"). By instructing us to begin work, signing a quote or proposal, making a deposit payment, or otherwise engaging our services, you accept and agree to be bound by these Terms in full. If you do not agree to these Terms, please do not engage our services.

1. Definitions

• "Services" means any of the services offered by MB Development, including but not limited to content creation, social media management, web design and development, graphic design and branding, fully versioned and documented API endpoint development, mobile application development, and custom software development.
• "Deliverables" means the specific outputs produced for the Client under an engagement, such as a website, mobile application, software system, API, brand assets, social media content or written content.
• "Quote" or "Proposal" means the written document setting out the scope, price and terms of a specific engagement, whether delivered by email, PDF or through this website.
• "Agreement" means these Terms together with the applicable Quote or Proposal, which together govern the engagement.

2. Scope of services

MB Development provides digital infrastructure services, including content creation, social media management, web design and development, graphic design and branding, fully versioned and documented API endpoint development, mobile application development, custom software development, SEO, and related technical and design support. The specific scope, deliverables, timeline and price for each engagement are confirmed in a written Quote or Proposal before work begins. Any work requested outside that scope is treated as a variation under clause 3 and may incur additional fees.

3. Quotes, variations and payment

Package prices listed on this website are indicative and may change based on the final scope confirmed in writing. Once a Quote is accepted, it is binding for the scope described. Any change to that scope requested by the Client — including additional pages, features, integrations, API endpoints, revision rounds beyond those included, or new deliverables — is a variation and will be quoted and agreed in writing before being carried out.

Monthly packages and retainers are billed in advance and are due on the date specified in the invoice. Once-off projects generally require a non-refundable deposit before work starts, with the balance due on completion and before final deliverables, source files, credentials or access are handed over. Late payments may result in work being paused, and interest may be charged on overdue amounts at the maximum rate permitted by law. All prices are in South African Rand (ZAR) and exclude VAT unless stated otherwise.

4. Client responsibilities

Timelines depend on the Client supplying timely feedback, decisions, and content such as text, images, logos, brand assets, product data and access to third-party accounts (for example hosting, domain registrars, social media platforms and payment providers) when required. Delays in supplying these may extend agreed timelines accordingly and will not be treated as a delay caused by MB Development. The Client is responsible for ensuring that any content, data or materials it supplies do not infringe the intellectual property, privacy or other rights of any third party, and for maintaining the accuracy of information used in Deliverables such as pricing, legal notices and contact details.

5. Revisions and acceptance

Each project includes a reasonable number of revision rounds as specified in the applicable Quote. A Deliverable is deemed accepted if the Client does not provide written feedback within ten (10) business days of it being made available for review, or upon the Deliverable going live, whichever occurs first. Requests for changes after acceptance, or beyond the included revision rounds, will be treated as a variation under clause 3.

6. Intellectual property and ownership

MB Development retains ownership of all Deliverables, source code, designs, API specifications and documentation, and associated intellectual property until payment has been received in full. On full and final payment, ownership of the final approved Deliverables transfers to the Client, except for:

• pre-existing tools, frameworks, code libraries, templates, components and internal systems owned by MB Development or licensed from third parties, which remain the property of their respective owners and are licensed, not sold, to the Client for use in connection with the Deliverables; and
• any third-party assets (such as stock imagery, fonts or plugins) that are subject to their own licence terms, which continue to apply.

MB Development may display completed work, including screenshots and descriptions of websites, applications, software and API integrations, in its portfolio and marketing materials, unless the Client requests otherwise in writing and such a request is agreed in the applicable Quote or subsequently in writing.

7. Third-party services and APIs

Deliverables may rely on or integrate with third-party services, platforms, payment gateways, hosting providers, social media platforms or APIs that are not owned or controlled by MB Development. MB Development is not responsible for outages, changes in terms, pricing changes, or discontinuation of any third-party service, and any fees charged directly by such third parties (for example hosting, domain, SMS or API usage fees) are the Client's responsibility unless otherwise agreed in writing.

8. Warranties and disclaimers

MB Development will perform the Services with reasonable skill and care, consistent with generally accepted industry standards. Except as expressly stated in these Terms or the applicable Quote, the Services and Deliverables are provided "as is" without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. MB Development does not warrant that any website, application, software or API will be uninterrupted, error-free, or achieve any particular business, marketing or search-ranking outcome, including outcomes from SEO or social media services.

9. Limitation of liability

To the maximum extent permitted by law, MB Development's total aggregate liability to the Client arising out of or in connection with an engagement, whether in contract, delict or otherwise, is limited to the total fees paid by the Client for the specific engagement giving rise to the claim in the twelve (12) months preceding the event. MB Development will not be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, data or business opportunity, even if advised of the possibility of such loss. Nothing in these Terms limits liability that cannot lawfully be limited or excluded under South African law, including liability for fraud or gross negligence.

10. Confidentiality

Each party agrees to keep confidential any non-public business, technical or financial information disclosed by the other party in connection with an engagement, and to use it only for the purpose of performing or receiving the Services, except where disclosure is required by law or the receiving party's professional advisors under a duty of confidentiality.

11. Termination

Either party may terminate an engagement on written notice if the other party commits a material breach of these Terms that is not remedied within fourteen (14) days of being notified in writing. On termination, the Client remains liable for fees for work performed and costs reasonably incurred up to the date of termination, and any deposit paid is non-refundable. Monthly packages and retainers may be cancelled by either party with thirty (30) days' written notice, and fees for the notice period remain payable.

12. Changes to these Terms

We may update these Terms from time to time. Changes will apply to new engagements from the date of publication on this website. For an active engagement, the Terms in force when the applicable Quote was accepted will continue to apply, unless the parties agree otherwise in writing.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve any dispute in good faith through direct negotiation. If a dispute cannot be resolved within thirty (30) days, either party may refer it to the courts of South Africa having jurisdiction, and the parties consent to the jurisdiction of the Magistrate's Court where applicable, without prejudice to either party's right to approach a higher court.

14. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the applicable Quote or Proposal, constitute the entire agreement between the parties for the relevant engagement and supersede any prior discussions, unless varied in writing and signed or confirmed in writing by both parties. Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party.

15. Contact

Questions about these Terms can be sent to bianca@mbdevelopment.co.za or by phone on 074 504 1536.