Terms of Service
The rules of engagement for using Nicolabs Digital products and services.
Last Updated: 29 November 2025
1. Introduction
These Terms of Service ("Terms") govern your relationship with Nicolabs Digital (Pty) Ltd ("we", "us", "Nicolabs"). By commissioning us for software development or subscribing to our SaaS products (including AppliFlow), you agree to be bound by these Terms.
2. Intellectual Property (IP) Rights
2.1 Custom Development
Upon full payment of all fees, Nicolabs assigns to the Client all right, title, and interest in the specific custom code developed for the project. However, Nicolabs retains ownership of reusable libraries, developer tools, and pre-existing frameworks used to build the solution.
2.2 AppliFlow (SaaS)
"AppliFlow" is a proprietary software product owned exclusively by Nicolabs Digital. Schools and Institutions are granted a non-exclusive, non-transferable, revocable license to use the software. You do not own the source code, database schema, or infrastructure.
3. Payment & Invoicing
- Deposit: For custom projects, a 50% non-refundable deposit is required to commence work.
- Balance: The remaining 50% is due upon project completion, prior to deployment to the live environment.
- Late Payments: Invoices not paid within 7 days of the due date may result in a suspension of services or hosting.
- SaaS Subscriptions: AppliFlow fees are billed annually or monthly in advance. Failure to pay may result in immediate account suspension.
4. Limitation of Liability
To the maximum extent permitted by South African law, Nicolabs Digital shall not be liable for any indirect, incidental, or consequential damages, including loss of data, loss of profits, or business interruption.
While we adhere to strict engineering standards (Next.js, AWS Security), software is never error-free. We provide our software "as is" and without warranties of any kind, express or implied.
5. Termination
Either party may terminate a service agreement with 30 days' written notice.
- By Client: You are liable for all work completed up to the termination date.
- By Nicolabs: We reserve the right to terminate services immediately in cases of abuse, non-payment, or breach of these Terms.
6. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising shall be subject to the exclusive jurisdiction of the courts located in North West / Brits.
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