Terms & Conditions

1. About these terms

These terms apply to every service FAHZY (Pty) Ltd ("FAHZY", "we", "us") provides and every payment made to us, including through this website. By accepting a quote, paying an invoice, subscribing to one of our software products or paying on our payments page, you ("the client") agree to these terms.

If a signed quote, proposal or service agreement says something different from these terms, the signed document applies to that point.

2. Who we are

FAHZY (Pty) Ltd (trading as FAHZY)
Registration number: 2025/474179/07
Director: Kabelo Leiee
Physical address and address for service of legal documents:
4 Naivasha Road, Sunninghill, Sandton, Gauteng, South Africa
Email: sales@fahzy.co.za
Phone: +27 68 384 1194
Website: www.fahzy.co.za

3. Our services

We provide:

• Project work: custom software, websites, web and mobile applications, payment integrations, other system integrations and automation, quoted per project.
• Monthly services: retainers, support, maintenance and hosting, billed monthly.
• Software subscriptions: access to software products we own and operate, billed monthly or annually.

The scope, deliverables, price and timeline of project work are set out in the quote or proposal you accept. Work that falls outside that scope is quoted separately before we do it.

4. Prices and payment

• All prices are in South African Rand (ZAR) and include VAT where VAT applies.
• Project deposit: unless we agree otherwise in writing, a 50% deposit is payable before we start work. The deposit secures your place in our schedule and covers planning, set-up and early work. See our Refund & Cancellation Policy for what happens to the deposit if you cancel.
• Milestone and final payments: the balance is payable as set out in the quote, at milestones or on completion, and before the work goes live or is handed over.
• Monthly services and subscriptions are billed in advance, monthly (or annually, for annual plans), and are due on the invoice date.
• Project invoices (deposits, milestones and final payments) are payable within 7 days of the invoice date unless the invoice says otherwise.

You can pay:

• Online through Payfast on our payments page, by card, Instant EFT or any other method Payfast offers at checkout. Recurring subscription payments through Payfast are by card only.
• By EFT to the bank account shown on your invoice. Please use your invoice or quote number as the payment reference.

If a payment is late:

• Project work pauses from the day after the invoice falls due, and resumes once it is paid. Delivery dates move by the length of the pause.
• Monthly services and subscriptions may be suspended if the invoice is still unpaid 7 days after its due date. We will email you at least 2 days before we suspend anything, and restore the service once payment reflects.

5. Payment security

Online payments are processed by Payfast, a PCI DSS compliant payment gateway. Your card and bank details are entered on Payfast's secure pages and are never seen or stored by FAHZY.

6. Project delivery

• Timelines in a quote are estimates based on the agreed scope. They depend on you providing content, access, feedback and approvals on time.
• If a project is paused on your side for more than 30 days, we may reschedule the remaining work around other commitments.
• Each quote includes the rounds of revisions it states. Further changes are billed at our standard rate, which we confirm before starting.
• Once you approve a milestone or deliverable, it is treated as accepted. Defects we introduced that you report within 30 days of go-live are fixed at no charge.

7. Monthly services and hosting

• Monthly services continue from month to month until either party cancels.
• You must give 30 days' written notice (email is fine) to cancel a monthly service. You remain responsible for fees during the notice period.
• Third-party costs we pay for you (such as domain names, cloud hosting, licences and advertising spend) are billed as agreed and cannot be refunded once paid.

8. Software subscriptions

• Monthly subscriptions renew every month and can be cancelled at any time. The cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then.
• Annual subscriptions run for 12 months from the date of payment. The refund rules for annual plans are in our Refund & Cancellation Policy.
• You must not misuse the software, try to access other users' data, or use it for anything unlawful. We may suspend accounts that do.
• When a subscription ends, you can ask us for an export of your data within 30 days. After that, we may permanently delete it.
• We work to keep our products available and secure, but we do not guarantee uninterrupted service unless a separate service level agreement says so.

9. Ownership and intellectual property

• Your materials stay yours. Content, branding, logos, data and business information you give us remain your property. We use them only for your project and never reuse them elsewhere.
• We own the work we create. Unless a signed agreement says otherwise, FAHZY owns the source code, designs, components and tools we create, including those created during your project.
• Your licence. Once you have paid in full, you receive a permanent, royalty-free, non-exclusive licence to use, modify and run the delivered work for your business. You may not resell or license the work to others as a product of its own. Until full payment is received, the work may not be used in production.
• Reuse. We may reuse and adapt code, components, designs and know-how from any project in other projects and in our own products. We will never reuse your materials, your confidential information, or anything that identifies your business.
• Exclusive ownership. If you need to own the work outright, we can transfer ownership of the parts built specifically for you in a signed agreement, usually for an additional fee. Our pre-existing and reusable components then remain ours and are licensed to you as above.
• Handover. The source code and files your quote includes are handed over once you have paid in full.
• Third-party and open-source components remain subject to their own licences.
• We may mention your project in our portfolio unless you ask us not to.

10. Confidentiality and privacy

We keep your business information confidential and use it only to provide our services. We handle personal information according to POPIA and our Privacy Policy.

11. Liability

Except where we acted with gross negligence or wilful misconduct, our total liability for any claim is limited to the amount you paid us for the service concerned in the 3 months before the claim arose. We are not liable for indirect or consequential loss, such as loss of profit or data, or for failures of third-party services we do not control (such as hosting providers, Payfast, Meta or Google).

12. Your rights as a consumer

Nothing in these terms takes away rights you have under the Consumer Protection Act or the Electronic Communications and Transactions Act, where those Acts apply to you.

13. Disputes

If you are unhappy with our service, please email sales@fahzy.co.za first. We will respond within 5 business days and try to resolve the matter in good faith. If we cannot, either party may refer the dispute to mediation or to a South African court with jurisdiction.

14. General

• These terms are governed by the laws of the Republic of South Africa.
• We may update these terms. The version published on this page when you accept a quote or make a payment applies to that quote or payment.