Terms of Service

01 Acceptance of Terms

By accessing this website, submitting an enquiry, booking a discovery session, applying for a focus group, using our client portal, accepting a quotation, or entering into a service agreement with McSbuSing (Pty) Ltd, you confirm that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any applicable quotation or project-specific agreement.

Where a quotation or service agreement conflicts with these terms, the quotation or agreement applies to that engagement.

If you do not agree with any part of these terms, you may not use this website or engage our services.

02 About McSbuSing

McSbuSing (Pty) Ltd is a South African software development company registered in terms of the Companies Act 71 of 2008 (Registration No. 2014/033276/07). We specialise in web applications, mobile applications, SaaS platforms, government and enterprise systems, and system integrations, and we provide ongoing support, maintenance and hosting for the systems we build.

We are registered with the Information Regulator of South Africa as a responsible party under POPIA (Registration No. 2026-001032). See our Privacy Policy for full details.

Correspondence: hello@mcsbusing.co.za

03 Services & Quotations

McSbuSing provides custom software development services. The scope, deliverables, timeline and price of each project are set out in a written quotation (or proposal or service agreement) issued before work starts.

• Validity: a quotation is valid until the date shown on it (normally 30 days from issue). After that, prices and timelines may change.
• Reviewing a quotation: we may share a draft quotation in the client portal for your review before it is final. You may ask for a discount or choose optional add-ons there; a draft is not an offer until we send it as final.
• Contingency: a quotation may include a contingency line to cover the risk of unforeseen work. It forms part of the quoted price.
• Emergency work: urgent work requested outside the normal schedule may be quoted at a higher hourly rate, shown on the quotation.
• Acceptance: you accept a quotation by signing it, by confirming acceptance in writing, or by accepting it in the client portal and paying the deposit. Each of these forms a binding agreement on the terms of that quotation.
• Changes in scope: work outside the accepted quotation is quoted separately or charged at the agreed rates, and shown against the quotation before it is invoiced.
• No work begins before the quotation has been accepted and any required deposit has been received.
• Discovery sessions booked via this website are free, non-binding consultations. Any estimates or timelines given in a discovery session are indicative only until set out in a quotation.
• McSbuSing reserves the right to decline any engagement at its discretion.

04 Client Portal & Accounts

Clients receive access to our online client portal, where your team can view quotations, invoices, timesheets, statements and support plans, accept quotations and pay online.

• We create portal accounts for the people you nominate. You are responsible for who in your organisation has access, and for telling us promptly when someone should no longer have it.
• Anything done through a portal account (such as accepting a quotation, choosing add-ons, or cancelling a support plan) is treated as done with your organisation's authority.
• Keep your password confidential. Signing in requires a second step: a code sent by email or generated by an authenticator app. After repeated failed attempts an account is locked until it is unlocked through the link we email to its owner.
• Tell us immediately at hello@mcsbusing.co.za if you suspect unauthorised access. We may suspend an account to protect your information.
• Portal access ends when your organisation is no longer our client, or on request.

05 Client Obligations

To enable McSbuSing to deliver services effectively, clients agree to:

• Provide accurate, complete, and timely information required for the project.
• Make required personnel or decision-makers available for scheduled meetings and reviews.
• Review and provide feedback on deliverables within agreed timeframes.
• Supply any third-party licences, credentials, or assets needed for the project.
• Keep their billing contact details up to date, so invoices and notices reach them.
• Not use McSbuSing's deliverables for any unlawful, harmful, or fraudulent purpose.

Delays caused by the client's failure to meet these obligations may result in revised delivery timelines and/or additional charges.

06 Intellectual Property

Ownership of intellectual property created during an engagement is governed by the project's quotation or service agreement. The default position is:

• Client-commissioned work: Upon full payment, all custom code, designs, and deliverables specifically created for the client transfer to the client.
• Pre-existing IP: Any frameworks, libraries, tools, or components developed by McSbuSing prior to or independently of the engagement remain the sole property of McSbuSing. The client receives a non-exclusive licence to use such components within the delivered solution.
• Open-source components: Third-party open-source libraries remain subject to their respective licences.

All website content, branding, and marketing materials on mcsbusing.co.za are owned by McSbuSing and may not be reproduced without written permission.

07 Fees, Timesheets & Invoicing

Fixed-price work is charged as quoted. Work charged by the hour is billed at the client's agreed rates (with a separate rate for weekends, and a daily transport charge for on-site days where agreed), recorded on timesheets:

• How time is recorded: development time is measured automatically by time-tracking software in our developers' code editors (WakaTime), and time for calls, meetings and other work is added by hand.
• Rounding: each timesheet entry (time on one project on one day) is rounded up to the next whole hour. Brief editor activity of less than a few minutes on a day is not billed.
• Timesheets are available in the client portal before or with the invoice they relate to. Please raise any query about a timesheet or invoice before its due date.
• Projects: a deposit (shown on the quotation, typically 50% of the project value) is invoiced on acceptance; the balance is invoiced when the work is complete, or at the milestones agreed in the quotation.
• All prices are quoted in South African Rand (ZAR) and exclude VAT unless stated otherwise. If McSbuSing is registered for VAT, VAT is added at the prevailing rate.

08 Payment & Online Payments

• Invoices are payable by the due date shown on the invoice: normally 30 days from issue, and 7 days for support plan invoices, unless otherwise agreed in writing.
• You may pay by EFT to the bank account on the invoice, or by card in the client portal where online payment is offered.
• Online payments are processed by PayFast, a registered South African payment service provider. Card details are entered on PayFast's secure pages; McSbuSing never sees or stores them. A payment is credited once PayFast confirms it to us. Your use of PayFast is also subject to PayFast's own terms.
• We email reminders a few days before an invoice is due, on the due date, and while it remains unpaid.
• We do not currently charge interest on overdue invoices. If that changes, the new rate applies only to invoices issued after it takes effect, and is stated on each invoice.

09 Retainers, Support Plans & Hosting

Retainers. A retainer is a fixed monthly fee covering an agreed number of hours, invoiced at the end of each month it runs. Hours beyond those included are charged at the retainer's overage rate (or, if none is set, the client's normal hourly rate). Included hours that are not used do not carry over to the next month. While a retainer runs, the client's timesheets are billed through it.

Support plans.

• A support plan provides the support, channels and response times listed for that plan, and is billed monthly in advance, whether or not support is used that month.
• If you subscribe by card in the client portal, PayFast charges the monthly fee automatically until the plan is cancelled. Otherwise each month is invoiced.
• If a support plan invoice is more than 3 days past its due date, support is suspended until it is paid.
• You may cancel a support plan at any time in the client portal or by email. Nothing more is charged, and support continues until the end of the month already paid for. Months already billed are not refunded.
• We let you know at least 7 days before a plan (free or paid) ends. A free support period included with a project cannot be restarted once it has been cancelled or has ended.

Hosting. Hosting is billed in advance, monthly or yearly, from the plan's start date, until cancelled. Fees for a period already started are not refunded. We may suspend hosting for non-payment after giving notice by email.

10 Confidentiality

Both parties agree to treat as confidential any non-public information disclosed in the course of the engagement, including business processes, technical specifications, pricing, and client data.

• McSbuSing will not disclose client confidential information to third parties without written consent, except where required by law or as described in our Privacy Policy (for example, to the payment and service providers that help us deliver our services).
• McSbuSing may reference the client's name and a general description of the project in its portfolio unless the client requests otherwise in writing.
• Confidentiality obligations survive termination of the agreement for a period of 3 years.

11 Limitation of Liability

To the fullest extent permitted by South African law:

• McSbuSing's total liability for any claim arising from an engagement shall not exceed the total fees paid by the client for the specific deliverable giving rise to the claim.
• McSbuSing is not liable for indirect, incidental, special, or consequential damages, including loss of revenue, loss of data, or business interruption.
• McSbuSing is not responsible for third-party services, APIs, or infrastructure failures (e.g. cloud hosting, payment gateways such as PayFast, email or SMS providers).

12 Warranties & Disclaimers

McSbuSing warrants that services will be performed with reasonable skill and care in accordance with industry standards.

Beyond this, the website, the client portal and all content are provided "as is" without warranty of any kind. McSbuSing does not warrant that:

• The website or client portal will be uninterrupted or error-free.
• Information on the website is complete, current, or accurate.
• Any specific result or outcome will be achieved through use of our services.

A bug-fix warranty period for delivered projects is specified in each quotation or service agreement (typically 30–90 days post-launch). Support after that is available through a support plan or retainer.

13 Termination & Cancellation

Either party may terminate a project engagement with 14 days' written notice, subject to the following:

• The client is liable for payment of all work completed up to the termination date.
• McSbuSing will deliver all completed work and assets to the client upon receipt of outstanding payments.
• Deposits paid are non-refundable unless McSbuSing is unable to commence the agreed work.
• McSbuSing may terminate immediately in cases of material breach, non-payment, or unlawful use.

Support plans, retainers and hosting are cancelled as described in section 9.

14 Electronic Communications & Agreements

You agree that quotations, invoices, statements, payment reminders and other notices may be sent to you by email or made available in the client portal, and that these satisfy any requirement for them to be in writing.

In terms of the Electronic Communications and Transactions Act 25 of 2002, accepting a quotation or an agreement (by typing your full name as your signature), choosing add-ons, subscribing to or cancelling a plan, or making a payment through the client portal has the same effect as doing so on paper. Our electronic records of these actions are evidence of them.

15 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be resolved in the courts of South Africa having appropriate jurisdiction.

Where the parties agree, disputes may first be referred to mediation before litigation is pursued.

16 Changes to These Terms

McSbuSing may update these Terms of Service at any time. The revised version will be published on this page with an updated effective date. Continued use of the website or our services after changes are posted constitutes acceptance of the revised terms.

For material changes, we will notify active clients by email. Changes do not alter a quotation you have already accepted.

17 Contact

For questions about these terms, please contact us: