Terms of Service

These Terms of Service govern your use of thatengineer.co.za and any enquiry, demonstration, quotation or service provided by ThatEngineer (Pty) Ltd ("ThatEngineer", "we", "us"), a company registered in South Africa. By using the site or engaging us, you agree to these terms on your own behalf and on behalf of the organisation you represent, and you warrant that you are authorised to do so.

Where we sign a proposal, statement of work, service level agreement or master services agreement with a client, that signed document governs the engagement and prevails over these terms to the extent of any conflict. These terms then apply to everything the signed document does not cover.

You may use the site to learn about our work and to contact us. You may not:

• Attempt to gain unauthorised access to the site, its infrastructure or any connected system.
• Probe, scan, load-test or interfere with the availability of the site without our prior written permission.
• Scrape, republish or resell the site's content, or use it to train a model, without our written consent.
• Submit unlawful, infringing, malicious or misleading content, or another person's personal information without a lawful basis.

Site content — including copy, layout, product names such as askThat, matchThat, bridgeThat, flowThat and buildThat, the ThatEngineer name and mark, and all diagrams and code samples — is our intellectual property or licensed to us. No rights are granted to you except the right to view the site.

Responsible security disclosure is welcome. Email contact@thatengineer.co.za with details before disclosing publicly, and we will not pursue action against good-faith research that avoids privacy violations, service disruption and data destruction.

Nothing on this site is an offer capable of acceptance. Product descriptions, capability lists, timelines, architecture specs and indicative pricing are provided for information, may change, and do not create a contract. A binding engagement arises only when both parties sign a written proposal or statement of work, or when we confirm the scope in writing and you accept it in writing.

Demonstrations and sample environments may use simulated data and are provided as-is for evaluation purposes. Quotations remain valid for the period stated on them, and 30 days where no period is stated.

We deliver bespoke engineering, integration, automation and support services. Each engagement records its own scope, deliverables, assumptions, acceptance criteria, dependencies and fees.

We will perform the services with the reasonable skill and care expected of a competent professional in our field. Unless a statement of work says otherwise, our obligation is one of skill and diligence, not a guarantee of a specific commercial outcome.

Any change to scope, timeline or fees must be agreed in writing before it is implemented. Work outside an agreed scope is chargeable at our then-current rates.

Delivery depends on your cooperation. You agree to:

• Give timely, accurate information, decisions and approvals, and nominate an authorised point of contact.
• Provide the access, credentials, licences, test data and environments the work requires, and revoke access promptly when it is no longer needed.
• Ensure you hold the rights and lawful basis to give us access to any system or data, including any personal information processed on your instruction.
• Maintain your own backups and disaster-recovery arrangements for systems we work on.
• Keep third-party software, licences and subscriptions in your name current, and pay their costs.

Delays or costs caused by unavailable access, incomplete information or late approvals may shift timelines and are chargeable.

Fees, rates, milestones, retainers and expenses are set out in the applicable proposal or statement of work. Unless stated otherwise, fees exclude VAT and disbursements, which are charged at cost.

Invoices are payable within 30 days of invoice date unless the engagement states different terms. Overdue amounts bear interest at the maximum rate permitted under the National Credit Act and the Prescribed Rate of Interest Act, and we may suspend work and access after giving written notice of non-payment.

Third-party licences, cloud consumption and subscriptions are your cost unless expressly included in our fee. Where we procure them on your behalf, they are recovered at cost plus any stated handling fee.

Our pre-existing materials — frameworks, libraries, tooling, templates, know-how and the licensed cores of our products — remain ours. On full payment of all amounts due, we grant you a perpetual, non-exclusive, non-transferable licence to use those materials to the extent they are embedded in the deliverables, for your internal business purposes.

Custom deliverables engineered specifically for you, and your data and content, are yours on full payment, unless a statement of work records different ownership. Open-source components remain subject to their own licences, which we will identify on request.

We may describe the general nature of our work in our portfolio, but we will not disclose your confidential information or use your name or logo publicly without your prior written consent.

Each party will keep the other's confidential information secret, use it only for the engagement, protect it with at least reasonable care, and return or destroy it on request — except where disclosure is required by law or to advisers bound by confidentiality. These obligations survive termination.

Where we process personal information on your behalf, we act as your operator under POPIA: we process it only on your documented instructions, keep it secure under section 19, notify you without undue delay of any security compromise under section 21, and impose equivalent obligations on approved sub-operators. Our handling of personal information is described in our Privacy Policy.

We warrant that we have the right to provide the services, that the services will be performed with reasonable skill and care, and that deliverables will materially conform to the agreed specification for 30 days after acceptance. Our sole obligation for a valid warranty claim in that period is to repair or re-perform the affected deliverable at no additional charge.

Except as expressly stated, the website and any evaluation material are provided "as is" and "as available", without warranty of uninterrupted availability, error-free operation, or fitness for a particular purpose. We do not warrant the performance, availability or continued support of third-party systems, ERPs, APIs or infrastructure we integrate with.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded, including liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any right you have as a consumer under the Consumer Protection Act 68 of 2008 where it applies to you.

Subject to the paragraph above, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill, business opportunity or data, however arising.

Our total aggregate liability arising out of or in connection with an engagement, whether in contract, delict or otherwise, is limited to the fees actually paid by you to us for that engagement in the 12 months preceding the event giving rise to the claim. Where no fees have been paid, our aggregate liability in respect of your use of this website is limited to ZAR 5,000.

You must notify us in writing of any claim within six months of becoming aware of the circumstances giving rise to it.

You indemnify us against claims, losses and reasonable legal costs arising from your breach of these terms, your unlawful use of the site, your failure to hold the rights or lawful basis for data or systems you give us access to, or content or instructions you supply that infringe a third party's rights.

We indemnify you against third-party claims that a custom deliverable we engineered infringes that party's South African intellectual property rights, provided you notify us promptly, let us control the defence and settlement, and cooperate with us. This indemnity does not apply where the claim arises from your specifications, your modifications, or combination with materials we did not supply.

Either party may terminate an engagement on 30 days' written notice unless the statement of work says otherwise, or immediately on written notice if the other party commits a material breach that is not remedied within 14 days of notice, or becomes insolvent, is liquidated or placed under business rescue.

We may suspend the services or site access where payment is materially overdue, where continued access poses a security risk, or where required by law, after giving reasonable notice where it is practical to do so.

On termination you must pay for all services performed and expenses committed up to the termination date. We will hand over deliverables paid for in full and provide reasonable transition assistance at our standard rates. Clauses that by their nature should survive — confidentiality, intellectual property, payment, liability, indemnity and governing law — survive termination.

Neither party is liable for failure to perform caused by events beyond its reasonable control, including load shedding beyond contracted resilience, network outages, natural disasters, industrial action and acts of state, provided it takes reasonable steps to mitigate the impact.

Neither party may assign an engagement without the other's written consent, except to a successor of substantially the whole business. Nothing in these terms creates a partnership, joint venture or employment relationship. If a provision is unenforceable, the remainder stands. A failure to enforce a right is not a waiver of it.

The parties will attempt in good faith to resolve any dispute through senior-level discussion within 15 business days, failing which the dispute may be referred to mediation or, by agreement, to arbitration under the rules of the Arbitration Foundation of Southern Africa. Nothing prevents either party from seeking urgent interim relief from a court.

These terms are governed by the law of the Republic of South Africa, and the parties submit to the jurisdiction of the South African courts. We may amend these terms from time to time; the version published on this page at the time you use the site or place an order applies to that use, and material changes will not be applied retrospectively to a signed engagement.