Terms & Conditions

Last Updated: 10/11/2025

Welcome to the official website of Mawuena (Software Engineer).
By accessing this website or using my services, you agree to the following Terms & Conditions.
Please read them carefully.

1. Acceptance of Terms

By browsing this website, submitting a project request, purchasing a service, or engaging in any communication with me, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

If you do not agree, you must discontinue use of the website and services immediately.

2. Services Provided

I offer software engineering and digital services including (but not limited to):

  • Web development

  • Mobile app development

  • API & system integrations

  • AI/automation solutions

  • Cloud deployment

  • Consulting & technical advisory

Services are customized based on the client’s project requirements.

3. Project Agreements

Before starting any project:

  • A detailed project scope or proposal will be provided

  • A quote or pricing structure will be agreed upon

  • A deposit may be required to secure the project

  • Additional terms may be included in a separate agreement or contract

Work begins only after approval and initial payment (where applicable).

4. Payment Terms

4.1 Deposits

Most projects require a 50% deposit before work begins.
Deposits are non-refundable once work has started.

4.2 Milestone-Based Billing

Larger projects may be billed in milestones.
Completed milestones are non-refundable.

4.3 Late Payments

If payment is not made on time:

  • Work may be paused until payment is received

  • Late fees may apply

  • Deliverables may be withheld

4.4 Currency

All payments are made in the currency specified in the invoice.

5. Client Responsibilities

To ensure successful project delivery, the client agrees to:

  • Provide accurate information and clear requirements

  • Supply necessary content, assets, or access credentials

  • Communicate promptly and respond to requests

  • Approve or review work within agreed timelines

Delays caused by the client may extend project timelines.

6. Ownership & Intellectual Property

6.1 Client-Owned Deliverables

Upon final payment, the client owns the rights to:

  • The completed software or design

  • Project deliverables stated in the agreement

6.2 Developer-Owned Materials

I retain ownership of:

  • Code libraries

  • Frameworks

  • Reusable components

  • Development tools

  • Pre-existing intellectual property

These may be used across other projects unless exclusivity is agreed upon in writing.

7. Revisions & Scope Changes

7.1 Revisions

The number of revisions will be clearly stated in the project agreement.
Additional revisions may require extra fees.

7.2 Scope Changes

Any request outside the original project scope qualifies as additional work and will be billed separately.

8. Cancellations

A project may be cancelled at any time by either party.

If the client cancels:

  • Completed work must be paid for

  • Deposits are non-refundable

  • Partial refunds may be considered only if work has not started

If I (the developer) cancel:

  • A full or partial refund may be issued

  • All work completed up to that point may be delivered

See the Refund & Dispute Resolution Policy for more detail.

9. Limitation of Liability

I am not liable for:

  • Losses caused by misuse of the software

  • Damages resulting from third-party services or integrations

  • Downtime caused by hosting providers

  • Security breaches on the client’s infrastructure

  • Client errors, changes, or misconfigurations

My total liability will not exceed the amount paid for the specific service.

10. Warranties & Guarantees

I guarantee that:

  • The delivered work will meet the agreed project scope

  • Development will follow best practices

  • Issues within the agreed scope will be fixed at no extra cost during the warranty period (usually 7–30 days depending on the project)

I do not guarantee:

  • Ongoing maintenance unless a maintenance agreement is purchased

  • Performance issues caused by external platforms

  • Results outside my control (e.g., app store approvals, SEO rankings)

11. Confidentiality

Both parties agree to keep confidential information private, including:

  • Project details

  • Business strategies

  • Source code (unless otherwise agreed)

  • Personal or financial information

An NDA can be provided upon request.

12. Termination

I reserve the right to terminate any project or communication if a client:

  • Violates these terms

  • Engages in abusive behavior

  • Misuses deliverables

  • Fails to make payments or provide needed information

The client may also terminate the project under similar justified conditions.

13. Third-Party Tools & Services

Some projects may involve third-party tools, APIs, hosting services, or platforms.

I am not responsible for:

  • Their pricing changes

  • Their downtime or outages

  • Their policy changes

  • Their performance or bugs

Clients agree to follow any third-party terms associated with the project.

14. Governing Law

Unless otherwise stated in a contract, these Terms & Conditions are governed by the laws of [Insert Jurisdiction — e.g., South Africa].

15. Policy Updates

I may update these Terms & Conditions at any time.
Changes will be posted on this page with a revised “Last Updated” date.

16. Contact Information

For questions about these Terms & Conditions:

Email: tech@mawuena.com

 Website: www.mawuena.com