Terms and Conditions

Gurrom Technology Solutions (Pty) Ltd

Last updated: 14 May 2026

1. Introduction

Welcome to Gurrom. By accessing or using our website at www.gurrom.co.za and engaging our software development services or related products (collectively, the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully before proceeding.

If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

In these Terms, unless the context requires otherwise:

  • “Gurrom”, “we”, “us” or “our” means Gurrom Technology Solutions (Pty) Ltd, a company registered in South Africa.
  • “Client”, “you” or “your” means any individual or entity that engages Gurrom for Services.
  • “Services” means software development, consulting, technical support, maintenance, and any related products or deliverables provided by Gurrom.
  • “Deliverables” means any software, code, designs, documentation, or other work product produced by Gurrom under a project agreement.
  • “Agreement” means these Terms together with any project-specific Statement of Work, proposal, or contract entered into between the parties.
  • “Intellectual Property” means all patents, trademarks, copyrights, trade secrets, and other proprietary rights.

3. Services

3.1 Scope of Services

Gurrom provides software development services including, but not limited to: custom software design and development, web and mobile application development, system integration, technical consulting, software maintenance and support, and related digital products.

3.2 Project Agreements

Each project will be governed by a written Statement of Work (“SOW”) or project agreement that specifies the scope, deliverables, timeline, and fees. These Terms apply to all such agreements and are incorporated by reference.

3.3 Changes to Scope

Any changes to the agreed scope of work must be documented in writing through a formal change request. Additional work outside the original scope may result in additional fees and revised timelines, which will be agreed upon in writing before work commences.

4. Payment Terms

4.1 Fees

Fees for Services are as set out in the applicable SOW or project agreement. All amounts are quoted in South African Rand (ZAR) unless otherwise stated, and are exclusive of Value Added Tax (VAT).

4.2 Invoicing and Payment

Unless otherwise agreed in writing:

  • Invoices are due and payable within 30 days of the invoice date.
  • A deposit (typically 30–50% of the project value) may be required before work commences.
  • Milestone-based payments may apply for larger projects, as set out in the SOW.

4.3 Late Payment

Gurrom reserves the right to charge interest on overdue amounts at the rate of 2% per month (or the maximum rate permitted by applicable law, whichever is lower), calculated from the due date until the date of payment. Gurrom may also suspend Services until outstanding amounts are settled.

4.4 Disputed Invoices

If you dispute any invoice, you must notify us in writing within 7 days of receipt, specifying the amount in dispute and the reasons. Undisputed amounts remain payable by the original due date.

5. Online Payments (PayFast)

5.1 Payment Processor

Gurrom uses PayFast (Pty) Ltd (“PayFast”) as its third-party online payment gateway to facilitate secure payments on our website. By choosing to pay online, you acknowledge that your payment will be processed by PayFast and that such processing is subject to PayFast’s own Terms of Service and Privacy Policy, available at www.payfast.co.za. Gurrom is not a party to your payment transaction with PayFast and accepts no liability for any acts or omissions of PayFast in processing your payment.

5.2 Accepted Payment Methods

PayFast currently supports the following payment methods (subject to change at PayFast’s discretion):

  • Credit and debit cards (Visa, Mastercard)
  • Instant EFT (via supported South African banks)
  • Standard bank EFT
  • SnapScan
  • Mobicred
  • Other payment methods as made available by PayFast from time to time

Gurrom reserves the right to enable or disable specific payment methods at its discretion. The availability of a payment method does not constitute a guarantee that it will remain available.

5.3 Currency

All online transactions are processed in South African Rand (ZAR). Gurrom does not accept payments in foreign currencies through the online payment portal. Any currency conversion costs are your responsibility.

5.4 Payment Security

Gurrom does not collect, store, or have access to your card details, banking credentials, or any other sensitive payment information. All such data is transmitted directly to and handled exclusively by PayFast, which is PCI-DSS (Payment Card Industry Data Security Standard) compliant. You are responsible for ensuring that your device and internet connection are secure when making online payments.

5.5 Failed or Declined Payments

If your online payment is declined or fails for any reason:

  • Gurrom will notify you as soon as reasonably practicable.
  • Work on your project may be paused until payment is successfully received.
  • You remain liable for the full outstanding amount. Gurrom accepts no responsibility for any loss arising from a failed payment, including loss caused by system downtime or third-party payment processing errors.
  • You may retry payment or contact us to arrange an alternative payment method.

5.6 Refunds

Due to the nature of software development services, payments are generally non-refundable once work has commenced, except where:

  • Gurrom has failed to deliver the agreed Deliverables and is in material breach of the Agreement.
  • The parties have agreed in writing to a refund as part of a dispute resolution.

Where a refund is approved, it will be processed via the original payment method through PayFast, subject to PayFast’s refund processing timelines (typically 5–7 business days). Gurrom is not liable for any delays in refund processing caused by PayFast or your financial institution.

5.7 Chargebacks

You agree not to initiate a chargeback or payment reversal without first contacting Gurrom in writing to attempt to resolve the matter. Frivolous or unsubstantiated chargebacks may result in suspension of Services and recovery of costs incurred by Gurrom as a result of the chargeback, including any fees charged by PayFast or your bank.

6. Intellectual Property

6.1 Client Materials

You retain ownership of all materials, data, content, and pre-existing intellectual property you provide to Gurrom for the purpose of delivering the Services (“Client Materials”). You grant Gurrom a non-exclusive licence to use Client Materials solely to perform the Services.

6.2 Deliverables

Upon receipt of full payment for the relevant Services, Gurrom assigns to you all right, title, and interest in the Deliverables specifically created for you under the applicable SOW, to the extent permitted by law.

6.3 Gurrom Background IP

Gurrom retains ownership of all pre-existing tools, frameworks, libraries, methodologies, know-how, and generic components (“Background IP”) used in delivering the Services. Where Background IP is incorporated into Deliverables, Gurrom grants you a non-exclusive, perpetual, royalty-free licence to use such Background IP solely as part of the Deliverables.

6.4 Third-Party Components

The Deliverables may incorporate open-source or third-party software components. Your use of such components is subject to their respective licences. Gurrom will notify you of any material third-party components included in the Deliverables.

6.5 Portfolio Rights

Gurrom reserves the right to reference the project and display it in our portfolio, marketing materials, and on our website, unless you request confidentiality in writing prior to project commencement.

7. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Neither party will disclose Confidential Information to third parties without the other’s prior written consent, except as required by law. This obligation survives termination of the Agreement for a period of 3 years.

8. Warranties and Representations

8.1 Gurrom Warranties

Gurrom warrants that:

  • The Services will be performed with reasonable skill, care, and diligence.
  • The Deliverables will materially conform to the specifications set out in the applicable SOW.
  • Gurrom has the right to enter into the Agreement and provide the Services.

8.2 Warranty Period

Gurrom provides a 30-day warranty on completed Deliverables from the date of delivery or acceptance (whichever occurs first). During this period, Gurrom will fix any material defects or non-conformities at no additional cost, provided the Deliverables have not been modified by a third party.

8.3 Exclusions

The warranty does not cover defects arising from: (a) your modifications or misuse of the Deliverables; (b) third-party software, hardware, or services outside Gurrom’s control; or (c) failure to follow Gurrom’s implementation or usage recommendations.

8.4 Client Representations

You represent and warrant that: (a) you have the authority to enter into the Agreement; (b) all Client Materials provided to Gurrom are lawfully owned or licensed by you and do not infringe any third-party rights; and (c) you will use the Deliverables in compliance with all applicable laws.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Gurrom’s total aggregate liability to you for any claims arising out of or related to the Agreement shall not exceed the total fees paid by you to Gurrom in the 3 months immediately preceding the event giving rise to the claim.
  • Gurrom shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, revenue, data, business opportunity, or goodwill, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded by law.

10. Termination

10.1 Termination for Convenience

Either party may terminate a project agreement by giving 30 days’ written notice to the other party. In such event, you will pay Gurrom for all work completed and reasonable costs incurred up to the termination date.

10.2 Termination for Cause

Either party may terminate the Agreement immediately on written notice if the other party: (a) materially breaches the Agreement and fails to remedy the breach within 14 days of written notice; (b) becomes insolvent or enters liquidation, business rescue, or a similar process; or (c) ceases to carry on business.

10.3 Effect of Termination

On termination, each party will return or destroy the other’s Confidential Information. Clauses relating to payment, intellectual property, confidentiality, limitation of liability, and governing law survive termination.

11. Acceptable Use

You agree not to use the Services or Deliverables to:

  • Violate any applicable law or regulation, including those related to data protection and privacy.
  • Infringe the intellectual property rights of any third party.
  • Transmit harmful, unlawful, defamatory, or fraudulent content.
  • Introduce malicious code, viruses, or other harmful software.
  • Engage in unauthorised access to any computer system or network.

12. Data Protection and Privacy

Gurrom processes personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and our Privacy Policy (available on our website). Where Gurrom processes personal data on your behalf as an operator, the parties will enter into an appropriate data processing agreement. You are responsible for ensuring that you have the necessary rights and consents to provide any personal data to Gurrom.

13. Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, acts of government, load shedding, pandemics, or failures of third-party infrastructure. The affected party must notify the other promptly and take reasonable steps to mitigate the impact. If the force majeure event continues for more than 30 days, either party may terminate the Agreement on written notice.

14. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiations. If the dispute is not resolved within 30 days, either party may refer it to mediation through a mutually agreed mediator before initiating legal proceedings. Nothing in this clause prevents a party from seeking urgent interdict or other interim relief from a court of competent jurisdiction.

15. General

15.1 Governing Law

These Terms and all agreements governed by them are subject to the laws of the Republic of South Africa. The parties consent to the non-exclusive jurisdiction of the South African courts.

15.2 Entire Agreement

These Terms, together with any applicable SOW or project agreement, constitute the entire agreement between the parties regarding the Services and supersede all prior negotiations, representations, or agreements.

15.3 Amendments

Gurrom may update these Terms from time to time. Changes will be posted on our website with an updated “Last updated” date. Continued use of our Services after changes take effect constitutes acceptance of the revised Terms.

15.4 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

15.5 Waiver

A party’s failure to enforce any right under these Terms does not constitute a waiver of that right.

15.6 Assignment

You may not assign or transfer any rights or obligations under the Agreement without Gurrom’s prior written consent. Gurrom may assign its rights and obligations with notice to you.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Gurrom Technology Solutions (Pty) Ltd

Website: www.gurrom.co.za

Email: legal@gurrom.co.za

South Africa