Legal
Terms of Service
These terms govern your use of the Mphahlele Unlimited website and the technology and logistics services we provide. Please read them carefully. They set out our respective rights and obligations, and they limit our liability in certain circumstances.
Before publishing: the items marked in square brackets below must be completed with your company's actual details and commercial terms, and this document should be reviewed by a qualified attorney. It is a well-structured starting point, not legal advice. Consumer transactions in South Africa are subject to the Consumer Protection Act, which overrides certain clauses regardless of what is written here.
1. Acceptance of These Terms
By accessing this website, submitting an enquiry, or engaging Mphahlele Unlimited (Pty) Ltd for any service, you agree to be bound by these terms. If you do not agree, please do not use the website or our services.
Where you accept these terms on behalf of a company or other legal entity, you warrant that you are authorised to bind that entity.
2. Definitions
- "We", "us", "our" — Mphahlele Unlimited (Pty) Ltd, registration number [COMPANY REGISTRATION NUMBER], and its divisions and subsidiaries
- "You", "your", "the Client" — the person or entity using the website or engaging our services
- "Services" — the technology and logistics services described in section 3
- "Deliverables" — any software, documentation, designs or other work product we produce for you
- "Engagement Letter" — the quotation, proposal, statement of work or service agreement recording the specific scope, fees and timelines agreed between us
3. Our Services
We operate two divisions:
Technology Division
- Web development and web applications
- Mobile application development
- System integration and API development
- Database architecture and cloud infrastructure
- Cybersecurity consulting
Logistics Division
- Freight and transport services
- Fleet management and route optimisation
- Warehousing and storage
- Relocation and removals management
The specific services we provide to you, together with scope, deliverables, timelines and fees, will be recorded in an Engagement Letter. Where these terms conflict with a signed Engagement Letter, the Engagement Letter prevails.
4. Engagement and Quotations
Quotations are valid for [NUMBER] days from the date of issue unless stated otherwise, and are based on the information available to us at the time.
Content on this website is an invitation to do business, not a binding offer. A binding agreement comes into existence only once we have issued an Engagement Letter and you have accepted it in writing, or once we have received the agreed deposit.
Changes to an agreed scope must be recorded in writing. Additional work falling outside the agreed scope will be quoted separately and may affect agreed timelines.
5. Your Obligations
To enable us to deliver, you agree to:
- Provide accurate, complete and timely information, content and materials
- Nominate a representative empowered to give approvals and make decisions
- Respond to requests for feedback or approval within a reasonable period
- Provide safe and lawful access to premises, systems or goods where required
- Ensure you hold the necessary rights to any material you supply to us
- Pay our fees when they fall due
Delays caused by outstanding information, approvals or access are not our responsibility and may extend agreed timelines and affect fees.
6. Fees and Payment
- Fees are as set out in the applicable Engagement Letter
- Unless stated otherwise, quoted amounts [INCLUDE / EXCLUDE] VAT
- A deposit of [PERCENTAGE]% is payable before work commences
- Invoices are payable within [NUMBER] days of the invoice date
- Overdue amounts may attract interest at the maximum rate permitted by the National Credit Act
- Recurring services such as hosting, maintenance or fleet monitoring are billed [MONTHLY / ANNUALLY] in advance
We may suspend work or withhold Deliverables where an invoice remains unpaid beyond its due date, having given you reasonable written notice.
Third-party costs — domains, hosting, licences, plugins, fuel surcharges, tolls and similar — are for your account unless expressly included in the Engagement Letter.
7. Intellectual Property
Ownership of Deliverables transfers to you once we have received payment in full for the work concerned. Until then, all intellectual property in the Deliverables remains ours.
We retain ownership of our pre-existing intellectual property — including our frameworks, libraries, tools, methodologies and know-how — and of any general skills or knowledge gained during the engagement. Where such pre-existing material is embedded in a Deliverable, we grant you a perpetual, non-exclusive licence to use it as part of that Deliverable.
Third-party components remain subject to their own licences. You retain ownership of all content and materials you supply to us.
Unless you tell us otherwise in writing, we may reference your name and display the work in our portfolio and marketing materials.
8. Confidentiality
Each party may receive confidential information belonging to the other. Both parties agree to keep such information confidential, to use it only for the purposes of the engagement, and not to disclose it to third parties without consent — except where disclosure is required by law or to professional advisers bound by equivalent obligations.
This obligation survives termination for a period of [NUMBER] years.
Where we process personal information on your behalf, we do so in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013.
9. Logistics-Specific Terms
The following apply to freight, transport, warehousing and relocation services:
- Delivery timelines are estimates and are not guaranteed, as they depend on road, weather, border and third-party conditions
- You must declare the nature, weight and value of goods accurately, and must not tender prohibited, hazardous or illegal goods without written prior arrangement
- Goods must be adequately packed for transport unless we have been engaged to pack them
- Risk in goods passes as set out in the applicable Engagement Letter
- Our liability for loss of or damage to goods is limited as set out in section 11, and we strongly recommend you arrange goods-in-transit insurance
- Claims for loss or damage must be notified in writing within [NUMBER] days of delivery or expected delivery
- Demurrage, standing time, storage and waiting charges may apply where collection or delivery is delayed for reasons outside our control
To confirm: your goods-in-transit insurance position and liability caps for the Logistics Division should be set by your broker and attorney — these materially affect your risk exposure.
10. Warranties and Disclaimers
We warrant that we will perform the Services with reasonable skill and care, in a professional manner, and in accordance with the Engagement Letter.
For software Deliverables, we will correct defects reported within [NUMBER] days of delivery at no charge, where the defect arises from our work and not from changes made by you or a third party, hosting issues, or use outside the agreed specification.
Except as expressly stated, and to the extent permitted by law, the website and Services are provided "as is". We do not warrant that the website will be uninterrupted or error-free, or that software will operate without defect in every environment or browser.
Nothing in these terms limits or excludes any right you have under the Consumer Protection Act 68 of 2008 where that Act applies to you.
11. Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by you for the specific services giving rise to the claim in the [NUMBER] months preceding the claim.
We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, data, business or anticipated savings, even if we were advised of the possibility of such loss.
Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
Neither party is liable for failure to perform caused by events beyond reasonable control, including natural disaster, civil unrest, war, epidemic, strike action, load shedding of extended duration, or failure of national infrastructure.
12. Termination
Either party may terminate an engagement on [NUMBER] days' written notice. Either party may terminate immediately if the other commits a material breach and fails to remedy it within [NUMBER] days of written notice, or becomes insolvent or is placed under business rescue or liquidation.
On termination:
- You must pay for all work performed and costs committed up to the termination date
- We will hand over Deliverables paid for in full
- Each party returns or destroys the other's confidential information on request
- Clauses which by their nature should survive — including intellectual property, confidentiality and liability — continue to apply
13. Use of This Website
You may not:
- Use the website for any unlawful purpose, or in breach of the Electronic Communications and Transactions Act 25 of 2002 or the Cybercrimes Act 19 of 2020
- Attempt to gain unauthorised access to the website, its servers or any connected system
- Introduce malicious code, or attempt to interfere with the availability of the website
- Copy, reproduce or redistribute website content without our written permission
- Use automated means to scrape or harvest content or contact details
All content on this website — including text, layout, graphics, logos and code — is owned by or licensed to us and is protected by copyright.
The website may link to third-party sites. We do not control and are not responsible for their content or practices.
14. Disputes and Governing Law
These terms are governed by the laws of the Republic of South Africa.
If a dispute arises, both parties agree to first attempt to resolve it in good faith through discussion between senior representatives. If it remains unresolved after [NUMBER] days, the dispute will be referred to [MEDIATION / ARBITRATION UNDER AFSA RULES / THE COURTS].
We consent to the jurisdiction of the Magistrate's Court having jurisdiction over you, notwithstanding that the claim may exceed that court's monetary limits.
15. General
- Entire agreement — these terms together with the Engagement Letter constitute the entire agreement between us and supersede prior discussions
- Variation — no amendment is binding unless recorded in writing and signed by both parties
- Severability — if any provision is found unenforceable, the remaining provisions continue in force
- No waiver — failure to enforce a right does not amount to a waiver of that right
- Cession — you may not cede or assign your rights without our prior written consent
- Notices — notices must be in writing and sent to the addresses recorded in the Engagement Letter
- Changes to these terms — we may update these terms from time to time; the version published on this page at the time of your engagement applies to it
16. Contact Us
Questions about these terms can be directed to:
- info@mphahleleunlimited.co.za
- +27 76 368 6294
- South Africa (Worldwide)