DRAFT — not legal advice — for review by the owner and a lawyer before launch.
These terms apply to every proposal mont6 ("we", "us") issues through our quoting process, and to the work we carry out once a proposal is accepted ("you" is the client named on the proposal).
1. Proposals and the scope of work
1.1 Each proposal sets out a defined scope of work. This is our written interpretation of what will be built, and it is the binding scope once you accept the proposal. It replaces the wording of your original request.
1.2 Messages, documents and attachments you send us help us prepare a proposal but do not change the scope on their own. The scope only changes through a revised proposal that you accept.
1.3 Changes requested after acceptance are quoted separately, as a revised or additional proposal.
2. Options: proof of concept, MVP and full project
2.1 A proposal may offer a full project, and optionally a proof of concept (POC) and/or a minimum viable product (MVP). You may accept any combination of the options offered.
2.2 A POC is a demonstration of how the idea would look and work, typically using sample or static data. It is not market-ready.
2.3 The POC fee is separate from the full project fee and is not credited against it. Accepting a POC does not oblige you to accept the full project. Moving from a POC to the full project later requires a new quotation, because pricing depends on timing.
2.4 An MVP is a working, market-ready first version, including a backend where needed, as described in the proposal.
3. Price, deposit and monthly payments
3.1 Prices are shown in the currency stated on the proposal (ZAR or USD). VAT is added where the proposal says so; international clients may be zero-rated.
3.2 A deposit of 20% (or the percentage stated on the proposal) is payable on acceptance. Work starts once the deposit is received.
3.3 The balance is payable in the number of monthly instalments stated on the proposal. Where the proposal lists milestones, each instalment is aligned with the milestone deliverables.
3.4 If an instalment is not paid when due, we may pause work until the account is brought up to date, after giving you written notice. Persistent non-payment may lead to termination, in which case the ownership terms in section 4 apply to what has been paid for. (Detail to be settled with counsel.)
4. Ownership of code and intellectual property
4.1 All code, designs, documentation and other intellectual property created for the project remain the property of mont6 until the final payment has been received.
4.2 Once the final payment is received, full ownership of the code and intellectual property passes to you, including the right to host, modify and commercialise it as you see fit.
4.3 Third-party and open-source components remain subject to their own licences. We will tell you about any that carry unusual conditions.
5. Proposal validity, expiry and extensions
5.1 A proposal is valid for 30 days from the date it is issued, unless the proposal states otherwise.
5.2 You may request one extension per proposal. If we approve it, the proposal is extended by the same length as its original validity period, counted from the day the extension is granted.
5.3 We may extend any proposal that has not been accepted, at our discretion, as often as needed.
5.4 We may issue revised proposals until a proposal is accepted. Earlier versions remain visible but can no longer be accepted.
6. Declined and rejected requests
6.1 You may decline a proposal at any time before accepting it, optionally giving a reason. We may then send a revised proposal, or close the request and delete it.
6.2 We may decline to quote for, or reject, any request at our discretion and will give a written reason. We do not accept projects that are illegal, drug-related or sexual in nature.
7. Confidentiality
7.1 We treat all information you share with us during the quoting process and the project as confidential, whether or not an NDA has been signed.
7.2 Where you have accepted our template NDA or we have countersigned your own, that NDA also applies.
8. Personal information (POPIA)
8.1 We collect only what we need to prepare and manage your quote: your name, company name and address, email address and phone number, and the project information you choose to share.
8.2 We use this information to prepare proposals, communicate with you about your request and carry out the project. We store it securely and do not sell or share it with third parties, except service providers who help us operate (for example, email delivery), under appropriate safeguards.
8.3 Before a proposal is accepted, you can delete your request and all associated data at any time from your client portal. Deletion is immediate and complete.
8.4 After a proposal is accepted, the messages and documents relating to the project may be needed to resolve a dispute. You may request deletion through the portal; we will review the request and either delete everything or explain in writing why we need to keep it for now.
8.5 We never delete your information automatically; it is removed only when you or we choose to delete it under these terms.
8.6 Financial details such as invoices and payment records are kept in our accounting system, separately from the quoting portal, as required by law.
9. Warranty and support
9.1 We will fix defects in the delivered work that are reported within the warranty period stated in the proposal, at no charge. (Period to be confirmed.)
9.2 Ongoing support, hosting and further development are provided under a separate agreement or proposal.
10. Liability
10.1 To the extent permitted by law, our total liability under a proposal is limited to the amount you have paid us under that proposal. (To be reviewed by counsel.)
11. General
11.1 These terms, together with the accepted proposal and any NDA, are the entire agreement between us for the project.
11.2 These terms are governed by the laws of the Republic of South Africa.
11.3 We may update these terms from time to time. The version you accepted with your proposal is the one that applies to your project.