Terms of Service

Governing Jurisdiction: Republic of South Africa

These Terms of Service ("Terms") constitute a legally binding agreement between you, the user ("User" or "Client"), and COBBLE ROAD LABS (PTY) LTD (Registration No: 2025/870024/07), operating under the laws of the Republic of South Africa ("Company," "we," "us," or "our").

By accessing or using our website, https://cobbleroadlabs.com, or engaging our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

1. Nature of Service and Scope of Work

1.1 Service Description

The Company provides specialised technical, consulting, and development services ("Services") to B2B clients.

1.2 No Implied Warranties

The content on this website (including blogs, articles, and contact responses) is for informational purposes only. It does not constitute professional advice, legal guidance, or a guarantee of service suitability. Any advice or work performed is exclusively governed by a separate, signed Service Agreement or Statement of Work (SOW).

2. Intellectual Property and Licensing

2.1 Company Content

All content on the website, including text, graphics, logos, and software, is the property of COBBLE ROAD LABS (PTY) LTD and is protected by South African and international copyright and intellectual property laws. You may not reproduce, redistribute, or use any content without our express written permission.

2.2 Client IP in Service Agreements

Unless otherwise explicitly stated in a signed SOW, all Intellectual Property (IP) created or developed by the Company for a Client under a paid Service Agreement will be transferred to the Client upon full and final payment of all associated invoices.

2.3 User Conduct

You agree not to use the website or services to post or transmit any material that is unlawful, defamatory, or infringes on any third party’s IP rights.

3. Liability and Indemnity

3.1 Disclaimer of Warranties

Our website and any information provided through it are provided on an "as is" and "as available" basis. We make no representations or warranties, express or implied, regarding the website's operation, reliability, or content accuracy.

3.2 Limitation of Liability

To the maximum extent permitted by South African law, COBBLE ROAD LABS (PTY) LTD (including its Director, Marais Roos) shall not be liable for any direct, indirect, incidental, punitive, or consequential damages (including loss of profits, data, or goodwill) arising from:

• Your use of, or inability to use, the website.
• Any breach of security relating to the Vercel/AWS hosting or your self-hosted Sanity CMS (as disclosed in the Privacy Notice).
• Errors or omissions in any content, except where such liability is mandated by law (e.g., gross negligence or fraud).

4. Payment, Invoicing, and Default

4.1 Invoicing and Currency

Unless otherwise agreed in a separate SOW, all fees are payable to COBBLE ROAD LABS (PTY) LTD in South African Rand (ZAR). Invoices will be generated and issued by the Company upon completion of milestones or as defined in the SOW.

4.2 Project-Based Payment Terms (Upfront Fees)

For any defined project or scope of work, payment shall follow this structure unless an SOW specifies otherwise:

• Upfront Fee: The full fee, or a minimum of fifty percent (50%) of the total project fee, is due and payable strictly prior to the commencement of any work.
• Final Balance: The remaining balance (or final 50%) of the project fee is due and payable strictly before the final deployment of the live site or handover of any assets, source code, or documentation.

4.3 Retainer and Recurring Fees

Any retainer, maintenance, or subscription fees are billed monthly in advance and are due and payable within fifteen (15) calendar days from the invoice date.

4.4 Default, Suspension, and Interest

If any payment (upfront, final, or recurring) is not received by the due date, the Client shall be deemed in default.

• Immediate Suspension: The Company reserves the right to immediately suspend all Services (including hosting, maintenance, or further development work) until the outstanding balance and accrued interest are settled in full, particularly if no prior payment arrangement has been formally agreed upon in writing.
• Interest Charges: The Company may charge interest on the outstanding balance at the maximum rate prescribed by the Prescribed Rate of Interest Act, No. 55 of 1975 (currently the prime rate plus 3.5%). This provision is without prejudice to the Company's right to pursue legal remedies.

4.5 Costs of Collection

The Client shall be liable for all costs incurred by the Company in collecting any overdue amounts, including but not limited to legal fees (on an attorney and own client scale) and collection commissions.

5. Governing Law AND Dispute Resolution

5.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

5.2 Jurisdiction

The parties irrevocably consent to the exclusive jurisdiction of the South African courts (specifically the Magistrate’s Court or the High Court having jurisdiction) for any dispute arising from these Terms.

5.3 Alternative Dispute Resolution

We encourage all disputes to be resolved through good-faith negotiation, failing which, the parties agree to consider mediation or arbitration prior to litigation.

6. Electronic Communications and ECTA Compliance

6.1 ECTA Compliance

By using our website, you agree that electronic communication (email, contact forms) constitutes written communication for the purposes of the Electronic Communications and Transactions Act (ECTA).

6.2 Information Required by ECTA

The following information is provided in compliance with ECTA:

• Full Name: COBBLE ROAD LABS (PTY) LTD
• Legal Status: Private Company (Pty) Ltd
• Registration No.: 2025/870024/07
• Information Officer: Marais Roos
• Registered Address: Vaalpark, Sasolburg, Free State, 1947
• Official Email: info@cobbleroadlabs.com

7. Amendment of Terms

We reserve the right to amend these Terms at any time. We will provide notice of material changes on the website, or by other means, at least thirty (30) days prior to the effective date of the changes. Continued use of the website or Services after such notification constitutes acceptance of the modified Terms.

Contact Information

For any questions regarding these Terms, please contact the Information Officer: Marais Roos

Email: marais@cobbleroadlabs.com