Terms Of Service
CodeRise Solutions
Terms of Service & Service Level Agreement: A Transparent Visual Breakdown
1. Core Service Guarantees
At CodeRise Solutions, our Terms of Service are built on a foundation of reliability and transparency. We prioritize platform stability, responsive communication, and clear operational boundaries. These key performance indicators represent our foundational commitments to all active clients under standard SLA contracts.
Excluding scheduled maintenance windows communicated 48 hours in advance.
Maximum initial response time for severity level 1 (system outage) tickets.
All client data is encrypted at rest and in transit as per our data processing addendum.
2. Intellectual Property Rights Allocation
Understanding who owns what is critical in software development. Our Terms of Service clearly delineate the transfer of Intellectual Property (IP) upon project completion and final payment. We retain rights only to pre-existing proprietary tools and open-source configurations, ensuring you have full control over your bespoke application code.
Key Takeaway:
Clients receive full ownership of custom application logic and tailored design assets, empowering them with complete vendor independence post-launch.
3. Support SLA Tiers & Resolution Targets
Our Service Level Agreement categorizes support requests to ensure optimal resource allocation. The visualization compares the maximum allotted times for initial response versus full technical resolution across our four severity tiers.
Key Takeaway:
Critical system failures receive immediate triage, while minor cosmetic or feature requests are scheduled within standard developmental sprint cycles.
4. Acceptable Use Policy & Fair Usage (API Limits)
To maintain high availability for all tenants, CodeRise Solutions enforces a Fair Usage Policy on infrastructure resources. The scatter plot below utilizes WebGL rendering to map simulated API request latencies against payload sizes, illustrating the safe operational boundaries defined in our ToS. Requests exceeding the highlighted threshold may be subject to rate limiting.
Data points represent individual simulated API transactions mapping response latency dependencies.
5. Standard Dispute Resolution Process
In the unlikely event of a service dispute or contractual disagreement, our Terms of Service mandate a structured escalation path. This prevents unnecessary legal actions and ensures swift, amicable resolutions through predefined corporate channels before external arbitration.
Written submission via dedicated portal
Initial review within 3 business days
Escalated to CTO
Escalated to Finance
Mandatory 30-day good faith negotiation period
Only if mediation fails (Jurisdiction: Gauteng, SA)
MASTER SERVICES AGREEMENT AND TERMS OF SERVICE
CODERISE SOLUTIONS (PTY) LTD
(Registration Number: 2025/421251/07)
(hereinafter referred to as "the Company")
CODERISE SOLUTIONS (PTY) LTD
(Registration Number: 2025/421251/07)
(hereinafter referred to as "the Company")
1. PREAMBLE AND LEGAL RECOGNITION
2. STATUTORY DISCLOSURES (ECTA SECTION 43)
| Disclosure Requirement | Corporate Data for CodeRise Solutions (Pty) Ltd |
| Full Registered Name | CodeRise Solutions (Pty) Ltd |
| Registration Number | 2025/421251/07 |
| Legal Status | Private Company ((Pty) Ltd) |
| Physical Address | (As registered with CIPC) |
| Contact Number | +27 72 245 8286 |
| Email Address | tshepo@coderisesolutions.co.za |
| Main Characteristics | Custom Software Development & IT Mentorship |
| Payment Methods | EFT / Secure Payment Gateway / Milestone Payments |
4. SCOPE OF SERVICES
5. INTELLECTUAL PROPERTY (IP) RIGHTS
6. FEES AND PAYMENT TERMS
7. CONSUMER PROTECTION ACT (CPA) COMPLIANCE
8. DATA PROTECTION (POPIA)
9. LIMITATION OF LIABILITY AND SLA
10. DISPUTE RESOLUTION AND GOVERNING LAW
1.1. These Terms of Service constitute a legally binding agreement between CodeRise Solutions (Pty) Ltd and any person (natural or juristic) who accesses the website located at https://www.coderisesolutions.co.za/ or engages the Company for custom software development or mentorship services.
1.2. In accordance with Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), these terms are afforded full legal weight and effect as a "data message," regardless of their electronic form.
1.3. Acceptance of these terms is achieved through "click-wrap" or "web-wrap" mechanisms, where continued use of the website or the affirmative act of clicking an "Accept" button signifies intent to be bound.
1.1. These Terms of Service constitute a legally binding agreement between CodeRise Solutions (Pty) Ltd and any person (natural or juristic) who accesses the website located at https://www.coderisesolutions.co.za/ or engages the Company for custom software development or mentorship services.
1.2. In accordance with Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), these terms are afforded full legal weight and effect as a "data message," regardless of their electronic form.
1.3. Acceptance of these terms is achieved through "click-wrap" or "web-wrap" mechanisms, where continued use of the website or the affirmative act of clicking an "Accept" button signifies intent to be bound.
As required by Section 43(1) of the ECTA, the Company provides the following mandatory disclosures for the benefit of the consumer:
3.1. "Agreement" means these Terms of Service together with any specific Engagement Letter or Statement of Work. 3.2. "Background IP" means all intellectual property owned by the Company prior to the project or developed independently. 3.3. "Deliverables" refers to the specific code, software, documentation, or training materials produced for the Client. 3.4. "Foreground IP" means intellectual property created uniquely for the Client as part of a project. 3.5. "POPIA" means the Protection of Personal Information Act 4 of 2013.
3.1. "Agreement" means these Terms of Service together with any specific Engagement Letter or Statement of Work. 3.2. "Background IP" means all intellectual property owned by the Company prior to the project or developed independently. 3.3. "Deliverables" refers to the specific code, software, documentation, or training materials produced for the Client. 3.4. "Foreground IP" means intellectual property created uniquely for the Client as part of a project. 3.5. "POPIA" means the Protection of Personal Information Act 4 of 2013.
4.1. Custom Software Development: The Company shall provide development services as defined in an Exhibit A or Statement of Work, governed by a milestone-based delivery schedule. 4.2. Mentorship Programs: The Company provides structured, year-long mentorship for graduates, focusing on "Startup Mindsets" and "Agile Workflows". These programs are educational in nature and do not constitute a contract of employment between the Company and the student.
4.1. Custom Software Development: The Company shall provide development services as defined in an Exhibit A or Statement of Work, governed by a milestone-based delivery schedule. 4.2. Mentorship Programs: The Company provides structured, year-long mentorship for graduates, focusing on "Startup Mindsets" and "Agile Workflows". These programs are educational in nature and do not constitute a contract of employment between the Company and the student.
5.1. Ownership: Subject to full and final payment of all fees, the Foreground IP created specifically for a project shall vest in the Client. 5.2. Background IP: The Company retains all rights, title, and interest in its Background IP. The Company grants the Client a non-exclusive, perpetual, worldwide license to use such Background IP solely as integrated into the final Deliverables. 5.3. Source Code: For bespoke software, clients typically receive access to source code and documentation upon project completion.
5.1. Ownership: Subject to full and final payment of all fees, the Foreground IP created specifically for a project shall vest in the Client. 5.2. Background IP: The Company retains all rights, title, and interest in its Background IP. The Company grants the Client a non-exclusive, perpetual, worldwide license to use such Background IP solely as integrated into the final Deliverables. 5.3. Source Code: For bespoke software, clients typically receive access to source code and documentation upon project completion.
6.1. Milestone Schedule: Unless otherwise agreed in writing, custom software projects are subject to the following payment triggers :
30% Deposit upon signing/commencement.
30% upon completion of Milestone 1 (Design/Architecture).
20% upon completion of Milestone 2 (Beta Release).
20% upon Final Delivery and Acceptance. 6.2. Statutory Right of Cancellation: Under Section 43(2) of the ECTA, the Client must be given an opportunity to review the transaction, correct errors, or withdraw before the final order is placed.
6.1. Milestone Schedule: Unless otherwise agreed in writing, custom software projects are subject to the following payment triggers :
30% Deposit upon signing/commencement.
30% upon completion of Milestone 1 (Design/Architecture).
20% upon completion of Milestone 2 (Beta Release).
20% upon Final Delivery and Acceptance. 6.2. Statutory Right of Cancellation: Under Section 43(2) of the ECTA, the Client must be given an opportunity to review the transaction, correct errors, or withdraw before the final order is placed.
7.1. Cooling-Off Period:
ECTA s44: Consumers may cancel an electronic transaction without penalty within 7 days of receiving the goods or concluding the agreement.
CPA s16: If a transaction results from direct marketing, the consumer has a 5-day cooling-off period, provided ECTA s44 does not already apply. 7.2. Plain Language: These terms are drafted in plain language to ensure they are accessible to individuals with average literacy skills as required by Section 22 of the CPA.
7.1. Cooling-Off Period:
ECTA s44: Consumers may cancel an electronic transaction without penalty within 7 days of receiving the goods or concluding the agreement.
CPA s16: If a transaction results from direct marketing, the consumer has a 5-day cooling-off period, provided ECTA s44 does not already apply. 7.2. Plain Language: These terms are drafted in plain language to ensure they are accessible to individuals with average literacy skills as required by Section 22 of the CPA.
8.1. Responsible Party: The Company acts as a "responsible party" for personal information collected through its website or mentorship applications. 8.2. Processing Conditions: Information is processed for specific, lawful purposes related to service delivery and mentorship. 8.3. Direct Marketing: The Company adheres to "opt-in" requirements for unsolicited electronic communications as per POPIA and ECTA.
8.1. Responsible Party: The Company acts as a "responsible party" for personal information collected through its website or mentorship applications. 8.2. Processing Conditions: Information is processed for specific, lawful purposes related to service delivery and mentorship. 8.3. Direct Marketing: The Company adheres to "opt-in" requirements for unsolicited electronic communications as per POPIA and ECTA.
9.1. Liability Cap: The Company’s total liability for any claim arising from this Agreement is limited to the fees paid by the Client in the 12 months preceding the claim. 9.2. Service Level Agreement (SLA): The Company commits to a 99.9% uptime guarantee for hosted services. Critical issues (Severity 1) carry a target response time of less than 4 hours. 9.3. Exclusions: Liability limitations do not apply to cases of gross negligence, willful misconduct, or specific IP infringement indemnities.
9.1. Liability Cap: The Company’s total liability for any claim arising from this Agreement is limited to the fees paid by the Client in the 12 months preceding the claim. 9.2. Service Level Agreement (SLA): The Company commits to a 99.9% uptime guarantee for hosted services. Critical issues (Severity 1) carry a target response time of less than 4 hours. 9.3. Exclusions: Liability limitations do not apply to cases of gross negligence, willful misconduct, or specific IP infringement indemnities.
10.1. Governing Law: This Agreement is governed by the laws of the Republic of South Africa. 10.2. Consultation: In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith consultation. 10.3. Arbitration: Failing consultation, disputes may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
10.1. Governing Law: This Agreement is governed by the laws of the Republic of South Africa. 10.2. Consultation: In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith consultation. 10.3. Arbitration: Failing consultation, disputes may be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
