Last Updated: 03-12-2025
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before utilizing the services provided by Elegant Work Group (Pty) Ltd ("Elegant Work Group", "us", "we", or "our").
By engaging with us, purchasing, or using any of our services, you ("Client," "you") agree to be bound by these Terms and Conditions.
1. Services Provided
Elegant Work Group offers a comprehensive range of industrial software and digital solutions, including but not limited to:
Software Development: Custom-built software, workflow management systems, accounting integrations, cross-platform applications, secure coding, and ongoing technical support.
Website Solutions: Modern and responsive website design, user-friendly interfaces, and Search Engine Optimization (SEO) setup.
Hosting and Maintenance: Domain hosting, email, security support, and ongoing website and system maintenance.
Diesel Systems: Provision and installation of transaction capacity monitoring systems, accurate monitoring, anti-theft solutions, and associated wireless and RFID technology.
Other Digital Services: Social Media Management, professional videography, and small-scale photography.
Specific details, scope, timelines, and pricing for any service will be defined in a separate Service Agreement, Quotation, or Statement of Work (SOW), which, once signed, will form part of these Terms.
2. Payments and Pricing
2.1. Pricing: All prices for services are quoted in South African Rand (ZAR) unless otherwise specified.
2.2. Payment Structure: For custom software development, we may offer flexible payment options, including manageable monthly down payment plans, as an alternative to a large once-off payment. The agreed-upon payment schedule will be detailed in the relevant SOW.
2.3. Invoicing: Invoices are typically issued upon completion of project milestones or on a monthly basis for ongoing services (e.g., hosting, support). Payment terms will be specified on the invoice.
3. Project Delivery and Warranty
3.1. Information Provision: The Client is responsible for providing all necessary content, data, access credentials, and feedback required for Elegant Work Group to complete the services in a timely manner. Delays resulting from the Client's failure to provide required information may affect the project timeline.
3.2. Approvals: The Client is responsible for reviewing and approving all designs, content, and functional aspects of the deliverables as specified in the SOW.
3.3. Installation & Handover: For physical systems (e.g., Diesel Systems), handover is considered complete upon successful installation and/or delivery, confirmation of function, and the Client's acceptance of the service/installation report.
3.4. Limited Warranty and Liability for Equipment
Warranty Period (Key Term): Upon the date payment has been formally received by Elegant Work Group for equipment and/or installation services, a limited warranty period of two (2) weeks (14 calendar days) commences.
Replacement Liability: Within this two-week warranty period, Elegant Work Group is liable for replacing any equipment supplied that is found to be demonstrably broken, non-functional, or defective due to fault in manufacturing or installation by Elegant Work Group.
Exclusion of Liability: After the two-week warranty period expires, Elegant Work Group is no longer liable for replacing or warranting the equipment. This liability exclusion does not cover damages caused by misuse, external factors (like power surges or physical damage), or normal wear and tear.
3.5. Call-Out and Repair Fees
Post-Warranty Repairs: In the event that equipment requires repair, replacement, or service after the two-week warranty period has expired, or if the fault is found to be outside the scope of the warranty (e.g., user error, external damage), Elegant Work Group will charge a "Call-Out / Repair" fee.
New Invoice: Such services will be documented and charged under a new invoice structured to include:
A fixed call-out fee.
Hourly labor rates for diagnosis and repair.
The cost of any new parts or replacement equipment required.
4. Confidentiality and Non-Disclosure
4.1. Non-Disclosure of Private Information (Key Term):
In the course of providing custom software solutions, particularly those related to workflow management, accounting systems, and transaction capacity for diesel systems, Elegant Work Group may be exposed to highly sensitive and proprietary Client data, including financial records, operational processes, and private information.
Elegant Work Group hereby agrees to maintain the strictest confidentiality regarding all such Client Private Information. We will not disclose, copy, use, or permit use of such information for any purpose other than fulfilling our obligations under the relevant SOW, except as required by law. We commit to implementing and maintaining reasonable security measures to protect this information.
4.2. Exceptions: The obligation of confidentiality shall not apply to information that: (a) is or becomes publicly available through no act or omission of Elegant Work Group; (b) was already in Elegant Work Group’s possession without restriction prior to receipt from the Client; or (c) is required to be disclosed by court order or applicable law.
5. Intellectual Property (IP) and Development Rights
5.1. Client Ownership and Registration: Upon full and final payment for the services, the Client shall be assigned ownership of the final, custom-developed software, website code, and associated graphic elements specifically created for the Client under the SOW. The Client is solely responsible for all costs and processes associated with the official registration of the software's Intellectual Property and/or patents.
5.2. Exclusive Development Rights (Core Term): All custom software and code provided to the Client by Elegant Work Group is initially exclusive to and may only be developed, modified, or updated further by Elegant Work Group to ensure quality, system integrity, and security.
5.3. Transfer of Development Rights: The Client may request in writing that a third-party software provider take over the future development of the code. This request must be sent formally via email to info@elegantwork.co.za.
5.4. Release Clause: Should Elegant Work Group fail to formally respond to the written request mentioned in Section 5.3 within a period of one (1) calendar month from the date the request was sent, the Client may proceed to engage and authorize another software provider to work on the code.
5.5. Elegant Work Group Ownership: Elegant Work Group retains the right to use, develop, and own all pre-existing tools, methodologies, development frameworks, and general know-how utilized in the provision of services.
5.6. Third-Party IP: The Client is responsible for ensuring that any materials (text, images, branding, etc.) provided to Elegant Work Group for inclusion in the software or website do not infringe on the intellectual property rights of any third party.
5.7. Breach of Terms: Should it be discovered that the exclusive development terms outlined in Section 5.2 have been breached without the written release or the expiration of the one-month period defined in Section 5.4, Elegant Work Group reserves the right to immediately seek legal action, including but not limited to, claims for damages and injunctive relief.
6. Limitation of Liability
Elegant Work Group's liability for any and all claims arising out of or related to these Terms or the services provided shall not exceed the total fees paid by the Client to Elegant Work Group for the specific services giving rise to the claim during the six (6) months preceding the event giving rise to the claim. In no event shall Elegant Work Group be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business interruption, regardless of the cause.
7. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the South African courts.
8. Changes to Terms and Conditions (Key Term)
Elegant Work Group reserves the right to update, modify, or replace these Terms and Conditions at any time without prior notice.
In the event of a substantial change to these Terms that affects the rights or obligations of the Client, Elegant Work Group shall endeavor to provide reasonable notice to the Client. This notification may be sent via email to the address on file, or through a prominent notice on our website. The Client’s continued use of the services following the notification of any changes constitutes acceptance of those changes.
9. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Elegant Work Group (Pty) Ltd
Address: 26 Chestnut Cres, West Acres, Mbombela 1201
Phone: 087 265 9201
Email: info@elegantwork.co.za