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Terms of Service

Last updated: February 14, 2026

Agreement to Terms

Welcome to Tekvara. By accessing our website at tekvara.io or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you may not access our website or use our services.

These Terms apply to all visitors, users, and others who access or use our services. We reserve the right to update, change, or replace any part of these Terms at any time. It is your responsibility to check this page periodically for changes.

Use of Our Services

Eligibility

By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Acceptable Use

You agree to use our services only for lawful purposes. You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use our services in any manner that could damage, disable, overburden, or impair our systems
  • Attempt to gain unauthorized access to any part of our services or systems
  • Use automated systems or software to extract data from our website without permission
  • Transmit any viruses, malware, or other malicious code
  • Harass, threaten, or harm others, or engage in any fraudulent activity
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation

Services and Deliverables

Service Descriptions

Tekvara provides technology consulting and development services, including but not limited to software development, data engineering, infrastructure management, and IT consulting. Specific service terms will be outlined in individual service agreements or statements of work.

Project Scope and Changes

The scope of work for each project will be defined in a separate agreement. Any changes to the agreed scope ("scope creep") must be documented and approved by both parties in writing and may result in additional fees and timeline adjustments.

Client Responsibilities

Clients are responsible for providing timely feedback, access to necessary systems and information, and cooperation required for successful project completion. Delays caused by client non-response or unavailability may impact project timelines and costs.

Fees and Payment

Pricing

Service fees will be specified in individual project agreements or quotes. All fees are in the currency specified in the agreement unless otherwise stated.

Payment Terms

Payment terms will be outlined in the service agreement. Unless otherwise specified, invoices are due within 30 days of the invoice date. Late payments may incur interest charges and may result in suspension of services.

Refunds

Refund policies will be specified in individual service agreements. Generally, fees for completed work or services rendered are non-refundable. In the event of project cancellation, fees may be prorated based on work completed.

Intellectual Property Rights

Ownership of Deliverables

Upon full payment of all fees, ownership of custom deliverables created specifically for you will transfer to you, unless otherwise specified in the service agreement. This includes custom code, designs, and documentation created specifically for your project.

Pre-Existing Materials

Tekvara retains all rights to pre-existing intellectual property, tools, frameworks, libraries, and methodologies used in delivering services. You are granted a license to use such materials as part of the deliverables, but ownership remains with Tekvara or its licensors.

Third-Party Materials

If third-party software, libraries, or materials are incorporated into your project, they remain subject to their respective licenses. You are responsible for compliance with all third-party licenses.

Tekvara Website and Content

All content on our website, including text, graphics, logos, images, and software, is the property of Tekvara or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without express written permission.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. This obligation survives the termination of the service relationship.

Confidential information does not include information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was rightfully in the receiving party's possession prior to disclosure
  • Is independently developed by the receiving party
  • Is required to be disclosed by law or court order

Warranties and Disclaimers

Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. For a specified period after delivery (typically 30-90 days as outlined in the service agreement), we will correct any defects or errors in deliverables at no additional charge.

Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure, or that defects will be corrected.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEKVARA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Tekvara, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your access to or use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or data you provide to us that infringes on third-party rights

Term and Termination

Term

These Terms remain in effect while you use our website or services. Specific service engagements will have their own terms regarding duration and termination.

Termination

Either party may terminate a service engagement as specified in the service agreement. We reserve the right to suspend or terminate your access to our services immediately, without prior notice, if you breach these Terms.

Effect of Termination

Upon termination, you must cease all use of our services. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, confidentiality obligations, disclaimers, and limitations of liability.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Negotiation and Mediation

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If negotiation fails, the parties may agree to mediation before pursuing other legal remedies.

Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Johannesburg, South Africa, and the parties hereby consent to personal jurisdiction and venue therein.

General Provisions

Entire Agreement

These Terms, together with any service agreements or statements of work, constitute the entire agreement between you and Tekvara regarding the subject matter hereof and supersede all prior communications and proposals.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our services.

Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: enquiries@tekvara.io
  • Phone: +27 71 896 4025
  • Address: Johannesburg, South Africa

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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