Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the website https://datalani.com and the software development services provided by Datalani Technology CC ("Datalani," "we," "us," or "our").

By accessing our website or engaging our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the website or use our services.

2. Company Information

Registered Name: Datalani Technology CC
Registration Number: CC/2025/05806
Business Address: No. 03 Wecke Street, Windhoek West, Windhoek, Namibia
Email: info@datalani.com
Phone: +264 81 834 7176

3. Services

Datalani provides software development services including but not limited to:

• Custom web application development
• Mobile application development (iOS and Android)
• Enterprise software solutions
• Microsoft 365 and Power Platform integration
• IT consulting and training
• Software maintenance and support

Specific service details, deliverables, timelines, and costs will be outlined in individual service agreements or statements of work.

4. Service Agreements

4.1 Project Scope

All projects will be governed by a written agreement or statement of work that includes:

• Detailed project scope and deliverables
• Timeline and milestones
• Payment terms and schedule
• Intellectual property rights
• Support and maintenance terms

4.2 Changes to Scope

Any changes to the agreed project scope must be documented in writing and may result in adjustments to timeline and costs. We reserve the right to charge additional fees for scope changes requested after project commencement.

4.3 Client Responsibilities

Clients are responsible for:

• Providing timely access to necessary resources, systems, and information
• Reviewing and approving deliverables within agreed timeframes
• Making timely payments as per the agreement
• Providing clear feedback and requirements

5. Payment Terms

5.1 Fees and Pricing

All fees are quoted in Namibian Dollars (NAD) or US Dollars (USD) and exclude VAT unless otherwise stated. Payment terms will be specified in individual service agreements.

5.2 Payment Schedule

Unless otherwise agreed, payments are typically structured as:

• 30-50% deposit upon signing the agreement
• Progress payments at agreed milestones
• Final payment upon project completion and acceptance

5.3 Late Payment

Late payments may incur interest at 2% per month. We reserve the right to suspend services or withhold deliverables until payment is received. Work will not commence or resume until outstanding invoices are paid.

5.4 Refunds

Deposits are non-refundable once work has commenced. Refunds for other payments will be considered on a case-by-case basis and are subject to deduction of costs already incurred.

6. Intellectual Property Rights

6.1 Client IP

Upon full payment, clients will own the intellectual property rights to custom software developed specifically for them, excluding:

• Pre-existing code, libraries, and frameworks
• Third-party components and open-source software
• Datalani's proprietary tools and methodologies

6.2 Datalani IP

Datalani retains ownership of:

• All pre-existing intellectual property
• Proprietary tools, frameworks, and methodologies
• General knowledge and experience gained during projects

6.3 Source Code

Source code will be provided to clients upon full payment, unless otherwise agreed. Clients may not resell, redistribute, or commercialize the software without written permission.

6.4 Third-Party Licenses

Clients are responsible for obtaining and maintaining any necessary third-party licenses for software, APIs, or services integrated into their solutions.

7. Warranties and Disclaimers

7.1 Warranty Period

We provide a 30-day warranty from the date of final delivery for defects in workmanship. During this period, we will fix bugs and errors at no additional cost.

7.2 Limitations

The warranty does not cover:

• Issues caused by client modifications or third-party integrations
• Problems arising from incorrect usage or lack of maintenance
• Compatibility issues with new software or hardware
• Force majeure events or circumstances beyond our control

7.3 Disclaimer

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

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claim arising from our services shall not exceed the fees paid for the specific project or service
• We are not liable for indirect, incidental, consequential, or special damages including loss of profits, data, or business opportunities
• We are not responsible for third-party services, hosting providers, or external integrations
• Clients are solely responsible for backing up their data and systems

9. Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the course of the engagement. This obligation continues for 5 years after project completion.

Exceptions include:

• Information that is publicly available
• Information independently developed
• Information required to be disclosed by law

10. Termination

10.1 By Client

Clients may terminate a project with 14 days' written notice. Upon termination, the client is responsible for:

• Payment for all work completed to date
• Any third-party costs incurred
• Cancellation fees as specified in the service agreement

10.2 By Datalani

We may terminate services immediately if:

• Client breaches payment terms
• Client breaches confidentiality or other material terms
• Project becomes technically infeasible
• Client engages in abusive or threatening behavior

11. Support and Maintenance

Post-launch support and maintenance are available under separate agreements. Support options include:

• Bug fixes and security patches
• Performance monitoring and optimization
• Feature enhancements and updates
• 24/7 emergency support

Support terms, response times, and fees will be outlined in separate service level agreements (SLAs).

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Namibia. Any disputes will be resolved through:

1. Good faith negotiations between the parties
2. Mediation, if negotiations fail
3. Arbitration under Namibian law, if mediation fails
4. Litigation in the courts of Windhoek, Namibia, as a last resort

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, pandemics, government actions, or infrastructure failures.

14. Amendments

We reserve the right to modify these Terms at any time. Significant changes will be communicated via email. Continued use of our services after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Information

For questions about these Terms, please contact us: