Terms of Service

About these terms

Octothorp ITWS is a trading name used by Octothorp ZA, a South African private company with registration number 2024/185008/07, and Octothorp LLC, a limited liability company organised in Wyoming, United States. In these terms, “Octothorp” means the entity identified as the service provider in the accepted quotation or invoice.

Each quotation or invoice identifies the contracting entity. These terms apply to digital strategy, IT consulting, website, software, integration, automation, infrastructure, maintenance and support services supplied by that entity.

The accepted quotation, statement of work or service agreement and these terms form the agreement. If a client-specific document expressly conflicts with these terms, that document takes priority for that engagement, subject to applicable law.

Quotations and contract formation

Initial discovery is generally free. Octothorp provides a written quotation describing the scope, deliverables, assumptions, estimate, fees, VAT, payment milestones and third-party costs. Quotations are normally valid for 30 calendar days unless otherwise stated.

An agreement is formed when the client accepts the quotation in writing or another recorded manner accepted by Octothorp. Octothorp may extend or honour an expired quotation in writing.

Fees, VAT and payment

• Octothorp ZA is a registered VAT vendor. When it is the contracting entity, quotations and invoices identify applicable VAT.
• The quotation and invoice identify the entity supplying the services and receiving payment.
• A 50% deposit is typical, but the quotation may specify a different payment structure.
• Balances may be linked to milestones, delivery or monthly intervals according to the engagement.
• Invoices are payable by the due date shown on the invoice.
• Octothorp may suspend work after reasonable notice when an undisputed payment is overdue.
• Bank, currency-conversion or intermediary charges are borne as stated in the quotation or invoice.

Client responsibilities

• Provide accurate requirements, lawful content, timely decisions and authorised access.
• Confirm that supplied materials may lawfully be used for the project.
• Review milestones and provide consolidated feedback within agreed review periods.
• Maintain appropriate backups and security for systems under the client's control unless Octothorp is contracted to do so.
• Nominate a person authorised to approve scope, changes and delivery.

Scope changes

Work outside the accepted scope requires a written change request, revised quotation or other recorded approval. Octothorp will communicate the expected effect on price and delivery before materially additional work begins.

Delivery and acceptance

The project quotation provides the controlling delivery estimate. Timelines ordinarily begin after acceptance, cleared deposit and receipt of required client inputs. Client or third-party delays may require a revised schedule.

Handover may include deployment, files, repository access, documentation, credentials, training or another agreed method. The Delivery Policy provides additional general information.

Intellectual property

Ownership of bespoke final deliverables transfers only after all amounts due for those deliverables have cleared, unless a written agreement states otherwise. Until then, no ownership transfer is implied.

Third-party software, fonts, media and services remain governed by their own licences. Unless expressly assigned, Octothorp retains ownership of its pre-existing tools, templates, methods, libraries and background materials.

Octothorp may reuse general skills, experience, processes, concepts, frameworks and non-client-specific components, provided it does not disclose confidential information or reuse material expressly assigned exclusively to the client.

Confidentiality and portfolio use

Each party must protect confidential information received for the engagement and use it only for appropriate project and legal purposes. A separate NDA or confidentiality schedule may add project-specific requirements.

After public launch, Octothorp may identify the client and display non-confidential portions of completed work in its portfolio unless an NDA, security requirement, written instruction or other agreement prevents this.

Third-party services

Domains, hosting, licences, platforms, payment processors and other third-party services may be billed separately or included as stated in the quotation. Their availability, terms and pricing are controlled by their providers. Octothorp will take reasonable care when selecting or recommending them but cannot guarantee uninterrupted third-party services.

Support and maintenance

Unless the quotation states otherwise, eligible delivered work includes a 30-day defect-correction period. New features, content changes, third-party failures and client-caused issues are excluded.

Ongoing support may be purchased in three-month increments, monthly intervals or another agreed period. Recurring charges require the client's express agreement and cancellation instructions.

Cancellation and refunds

The Refund & Cancellation Policy forms part of these terms. In summary, completed work, approved milestones and committed third-party costs remain payable, while unearned amounts are refundable after the applicable calculation. Statutory rights remain unaffected.

International clients

Octothorp accepts international engagements subject to feasibility, legal restrictions and available payment methods. The quotation or service agreement identifies the contracting entity, governing law and dispute forum. Mandatory rights under applicable law remain unaffected.

Contact

Questions about these terms may be sent to support@octothorp.co.za. The relevant contracting entity is the entity identified in the client's quotation or invoice. Correspondence may be directed to Octothorp at 17 De Chatillon Crescent, Onrus River, Onrus, Western Cape, 7201, South Africa.