Terms and Conditions

1. Introduction

Welcome to TJ Software Solutions (Pty) Ltd ("TJ Software Solutions", "we", "our", or "us"). These Terms and Conditions govern your access to and use of our website, services, software platforms, applications, proposals, and related offerings. By accessing our website or using any of our services, you agree to be bound by these Terms and Conditions.

2. About TJ Software Solutions

TJ Software Solutions (Pty) Ltd is a software development and technology solutions company providing:

• Custom Software Development
• Custom Website Design & Development
• Mobile Application Development
• Business Process Automation
• OPSEN Operations Management Platform
• HRify HR and Payroll Platform

3. Website Usage

Users may access and use this website for lawful purposes only. You agree not to:

• Attempt unauthorised access to any system or service.
• Distribute malware, viruses, or harmful code.
• Interfere with website functionality.
• Use automated tools to extract website content without permission.
• Misrepresent your identity when submitting enquiries or requests.

TJ Software Solutions reserves the right to restrict or terminate access where misuse is identified.

4. Services Provided

Information provided on this website is for general informational purposes only. Descriptions of services, products, platforms, features, pricing, and functionality may change without notice. Nothing contained on this website constitutes a binding offer unless confirmed through a written proposal, quotation, contract, or agreement.

5. Quotations, Proposals & Agreements

Any proposal, quotation, estimate, roadmap, or project scope provided by TJ Software Solutions:

• Is valid only for the period specified.
• May be revised if project requirements change.
• Does not become binding until accepted by both parties.

Project-specific terms may be governed by separate agreements.

5A. Your Right to Change Your Mind (Individuals Only)

If you are an individual, including a sole proprietor contracting in your own name, and you agreed to the work online or by email without meeting us in person, section 44 of the Electronic Communications and Transactions Act, 2002 gives you seven days to cancel without giving a reason and without penalty. The seven days run from the date the agreement was concluded, and we refund everything you have paid within 30 days.

This right falls away once work has started with your agreement. If you ask us to begin within those seven days, section 42(2)(d) of that Act means the cooling-off right no longer applies to that work. We will always say so in writing and ask you to confirm before we start.

The right does not apply if you are a company, close corporation, trust or partnership, because the Act gives it only to natural persons. It does not affect any other right you have in law.

6. Demo Requests & Consultations

Users may request demonstrations, consultations, assessments, or product evaluations through our website. Submission of a demo request does not create a contractual relationship between TJ Software Solutions and the requester. We reserve the right to accept, decline, or postpone demonstrations at our discretion.

7. Intellectual Property Rights

All content appearing on this website remains the property of TJ Software Solutions unless otherwise stated. This includes:

• OPSEN
• HRify
• Logos
• Branding
• Graphics
• Documents
• Software
• Designs
• Source Code
• Workflows
• Documentation
• Website Content

No content may be copied, reproduced, distributed, modified, reverse engineered, or republished without prior written permission.

What this does not cover. This clause protects what is ours. It does not extend to your own logos, branding, content or data appearing on this website, which stay yours; to third-party or open-source components, which belong to their authors and are used under their own licences; or to work you have paid for, which transfers to you under section 8. Nothing here limits anything the Copyright Act permits regardless of our permission, such as fair dealing or the reproduction of insubstantial parts.

8. Custom Software & Website Development

TJ Software Solutions provides custom development services based on agreed project requirements. Unless otherwise specified in writing:

• You own what you paid us to build. On receipt of final payment for a project, all rights in the deliverables created specifically for you under that project, including the source code, transfer to you. Until final payment is received, those rights remain ours and you have a temporary licence to use the deliverables only for evaluation and acceptance testing.
• We keep our own toolkit. We retain ownership of the frameworks, libraries, tools, components and methodologies that we developed before your project or independently of it, and that we reuse across clients. Where any of these are built into your deliverables, we grant you a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and maintain them as part of those deliverables. We will not assert them against your use of what you paid for.
• HRify and OPSEN are never included. This clause applies only to work built specifically for you as a custom project. Our own platforms, HRify and OPSEN, together with their source code, designs and documentation, remain our exclusive property in every case. A subscription gives you a licence to use them, set out in the Platform Terms of Use, and never any ownership of them. The same applies to any customisation, configuration or integration we build on top of them: you own the configuration and the data, we continue to own the platform.
• Third-party and open-source components remain owned by their authors and are supplied to you under their own licences. We will tell you what they are on request.
• Your material stays yours. You retain ownership of all content, branding and data you supply.
• Formalities. Where a signed document is needed to give effect to the transfer above, including as contemplated by section 22(3) of the Copyright Act 98 of 1978, we will sign it promptly on request and at no charge.
• A project agreement signed by both of us may vary this, and where it does, it prevails.

Project timelines may be affected by client approvals, content delivery, scope changes, and external dependencies.

9. OPSEN & HRify Platforms

OPSEN and HRify are proprietary software platforms owned and operated by TJ Software Solutions. Access to these platforms may be subject to:

• Subscription agreements
• Platform Terms of Use
• Service agreements
• Trial arrangements

Platform functionality may evolve over time as improvements and updates are introduced.

10. Third-Party Services & Integrations

Our services and platforms rely on third-party providers, and further integrations may be scoped and built as a separate project. These may include:

• Hosting providers
• Cloud infrastructure providers
• Accounting systems
• Payroll systems
• ERP systems
• Mapping services
• Communication providers

TJ Software Solutions is not responsible for service interruptions, changes, outages, or failures caused by third-party providers.

11. Confidentiality

TJ Software Solutions respects the confidentiality of information shared during consultations, demonstrations, projects, and platform usage.

What is confidential. Any non-public information one of us gives the other in connection with our work, whether marked confidential or not, that a reasonable person would understand to be confidential. It includes your business plans, customer information and data, and our source code, methods and pricing.

What is not. Information that is already public without anyone's fault, that the receiving party already had without a duty of confidence, that it develops independently, or that it lawfully receives from someone else who is free to share it.

What we each agree to do. Use the other's confidential information only for the work, keep it safe with at least the care we use for our own, and share it only with people and advisers who need it and are under equivalent obligations.

When disclosure is required by law. Either of us may disclose where a court, a regulator or the law requires it, and will tell the other beforehand where lawfully able to.

How long it lasts. These obligations survive the end of our relationship for five years. Information that is personal information under POPIA, and anything protected as a trade secret, stays protected for as long as the law protects it.

12. Warranties & Disclaimers

TJ Software Solutions will make reasonable efforts to provide reliable services and maintain professional standards. However:

• Services are provided on an "as available" basis.
• Website availability is not guaranteed.
• Platform access may occasionally be interrupted due to maintenance or technical issues.
• We do not guarantee that all defects will be corrected immediately.
• We do not guarantee uninterrupted access to any platform or service.

What we do warrant. The disclaimers above are about availability, not about the quality of our work. We warrant that:

• we will perform our services with the reasonable skill and care of a competent software development company;
• the deliverables will materially match the written scope we agreed; and
• for 60 days after delivery we will fix, at no charge, any defect that causes a deliverable not to match that scope. This does not cover changes you asked for after sign-off, faults caused by your own modifications or by third-party systems, or new requirements, which we quote separately.

Where the Consumer Protection Act applies to you, section 54 gives you the right to services performed with reasonable skill and care, and to have work re-performed or to receive a refund of a reasonable portion of what you paid if they are not. Nothing above limits that right.

13. Limitation of Liability

To the maximum extent permitted by law, TJ Software Solutions shall not be liable for:

• Indirect damages
• Consequential damages
• Loss of profits
• Loss of business opportunities
• Loss of data
• Operational downtime
• Special or punitive damages

arising from the use of our website, services, platforms, software, or products. Our total liability shall not exceed the fees paid by the client for the relevant services during the preceding twelve (12) months.

What we never exclude. Nothing above limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for anything else the law does not permit us to limit. Where the Consumer Protection Act applies to you, section 16 of these Terms sets out how these limits are affected.

Your side. The same exclusions and the same cap apply to any claim we bring against you, other than claims for fees you owe us.

14. Indemnity

You agree to indemnify and hold harmless TJ Software Solutions, its directors, employees, contractors, and affiliates against any claims, losses, liabilities, costs, or expenses arising from:

• Breach of these Terms
• Misuse of our services
• Violation of applicable laws
• Infringement of third-party rights

Our indemnity to you. We indemnify you against any third-party claim that the software or website we built for you infringes that party's copyright, trade mark or patent in South Africa, provided you tell us promptly, let us run the defence, and do not settle without our agreement. If such a claim is made, we will at our option obtain the right for you to keep using the affected part, replace or modify it so that it no longer infringes, or refund what you paid for it. This does not cover anything caused by your own content, your instructions, your modifications, or your use of the work with something we did not supply.

Each indemnity in this section is subject to section 13, except that the cap in section 13 does not apply to our indemnity above.

15. Value-Added Tax

Our quotations and fees exclude VAT. If we are registered as a VAT vendor when we invoice, VAT is added at the rate in force under the Value-Added Tax Act 89 of 1991 and shown on the invoice.

We will give you at least 30 days' written notice before VAT first appears on your invoices. VAT is never added to work already invoiced.

16. Your Rights if the Consumer Protection Act Applies

The Consumer Protection Act 68 of 2008 applies to some of our clients and not others. It generally applies where you are a natural person, or a business whose asset value or annual turnover is below the threshold set by the Minister, which is currently R2 million.

If the Act applies to you, then:

• nothing in these Terms takes away or reduces any right the Act gives you, and any term that conflicts with the Act does not apply to you to the extent of the conflict;
• sections 12, 13 and 14 limit our risk or place an obligation or risk on you. We have set them out in plain language and in their own numbered sections so that they are drawn to your attention before you agree, as section 49 of the Act requires. Ask us before you accept if anything in them is unclear;
• you have the quality rights in section 54: services must be performed with reasonable skill and care, and if they are not, you may require them to be re-performed or receive a refund of a reasonable portion of what you paid;
• you may cancel a fixed-term agreement early on 20 business days' written notice under section 14, against a reasonable cancellation penalty; and
• we will not rely on any term a court would regard as unfair, unreasonable or unjust under section 48.

If you are a business above that threshold, the Act does not apply to our agreement with you and these Terms apply as written.

17. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of South African courts.

18. Changes to These Terms

We may change these Terms. How we do it depends on the change.

• Changes that do not affect your rights, such as fixing a typo or clarifying wording, take effect when we publish them.
• Changes that do affect your rights or what you pay take effect only 30 days after we email you about them, if you are a current client. If you do not want to accept them, tell us within those 30 days and the terms you agreed to will continue to apply to the work already in progress.
• Work already quoted or in progress is governed by the Terms in force when you accepted the proposal. We do not apply changes retrospectively.
• The date these Terms were last updated is shown at the top of this page, and we keep previous versions available on request.

18A. General

• Whole agreement. These Terms, together with your accepted proposal and any signed agreement between us, are the whole agreement, and replace anything said or written beforehand. Where a signed project agreement conflicts with these Terms, that agreement prevails.
• If one part fails. If a court finds any part unenforceable, the rest continues to apply and that part is read down to the least extent necessary.
• Not waiving our rights. If we do not enforce a term immediately, we do not lose the right to enforce it later.
• Transferring the agreement. Neither of us may transfer the agreement without the other's written consent, except that we may transfer it to a company acquiring our business, and we will tell you if that happens.
• Notices. Notices to you go to the email address on your proposal. Notices to us go to admin@tjsoftwaresolutions.co.za. An email is treated as received on the business day it was sent, unless it bounced.
• Events outside our control. Neither of us is liable for a failure caused by something genuinely beyond our control, such as a national power failure, an undersea cable break, war or a government act. Timelines extend by the length of the delay.
• Resolving disputes. Tell us first and we will try to resolve it with you directly. This does not stop you approaching the Information Regulator or any other body you are entitled to approach.
• No partnership. Nothing here makes us partners, or either of us the other's agent or employee.

19. Contact Information

TJ Software Solutions (Pty) Ltd
Company registration number: 2026/087392/07
Directors: Jaco van der Merwe, Tania van der Merwe
Street and postal address: 33 Sacharia Street, Centurion, 0152, Gauteng, South Africa
Telephone: 064 556 7711
Email: admin@tjsoftwaresolutions.co.za
Website: www.tjsoftwaresolutions.co.za

If you have any questions regarding these Terms and Conditions, please contact us using the details above.