Terms of Use
These terms govern your use of DigiTswana's services. Please read carefully to understand your rights and responsibilities.
Last updated: January 2024
Welcome to DigiTswana
These Terms of Use ("Terms") apply to your access and use of DigiTswana's website, services, and software solutions. By using our services, you agree to these terms. DigiTswana is a software development company registered in Botswana, providing technology solutions to businesses across the region.
1. Acceptance of Terms
By accessing and using DigiTswana's website and services, you accept and agree to be bound by the terms and provision of this agreement.
If you do not agree to abide by the above, please do not use this service. These terms apply to all visitors, users, and others who access or use our services.
2. Description of Service
DigiTswana provides software development and consulting services including but not limited to:
• Custom software development
• Web and mobile application development
• System integration and migration
• Digital transformation consulting
• Technical support and maintenance
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
3. User Responsibilities
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:
• Use our services for any illegal or unauthorized purpose
• Interfere with or disrupt our services or servers
• Attempt to gain unauthorized access to our systems
• Transmit any viruses, malware, or harmful code
• Violate any applicable laws or regulations
4. Intellectual Property Rights
All content, features, and functionality of our services are owned by DigiTswana and are protected by international copyright, trademark, and other intellectual property laws.
For custom software development projects:
• Client retains ownership of their business data and content
• Ownership of developed software is typically transferred to the client upon final payment (unless otherwise specified in the contract)
• DigiTswana retains the right to use general methodologies and know-how gained during the project
5. Service Level Agreements
Our standard service commitments include:
• Response time: 2-4 hours for support requests during business hours
• Uptime: 99.5% availability for hosted solutions
• Data backup: Daily backups for critical systems
Specific SLAs may be defined in individual service contracts.
6. Payment Terms
Payment terms vary by service type:
• Consulting services: Invoiced monthly or upon milestone completion
• Development projects: Typically 30% upfront, remainder upon delivery
• Ongoing support: Monthly or annual subscription
All payments are due within 30 days of invoice date. Late payments may incur interest charges as permitted by Botswana law.
7. Confidentiality
DigiTswana commits to maintaining the confidentiality of all client information, including:
• Business processes and strategies
• Technical specifications and requirements
• Financial information
• Personal data of users
We will not disclose confidential information to third parties without explicit client consent, except as required by law.
8. Limitation of Liability
To the maximum extent permitted by Botswana law, DigiTswana shall not be liable for:
• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from force majeure events
Our total liability shall not exceed the amount paid by the client for the specific service in question.
9. Indemnification
You agree to indemnify and hold DigiTswana harmless from any claims, damages, or expenses arising from:
• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
This indemnification obligation will survive termination of these terms.
10. Termination
Either party may terminate services with appropriate notice:
• Ongoing services: 30 days written notice
• Development projects: As specified in project contracts
• Immediate termination for material breach
Upon termination, clients will receive all deliverables completed to date and any applicable refunds.
11. Governing Law
These terms are governed by the laws of Botswana. Any disputes arising from these terms or our services will be resolved through:
• Good faith negotiation
• Mediation, if necessary
• Courts of Botswana as a last resort
The official language for all legal proceedings shall be English.
12. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website.
For ongoing service contracts, significant changes will be communicated with 30 days notice. Continued use of our services constitutes acceptance of modified terms.
Key Points Summary
Quick overview of the most important terms
Service Quality
99.5% uptime guarantee for hosted solutions
Fair Terms
Transparent pricing and contract terms
Data Protection
Your data and IP rights are protected
Botswana Law
Governed by Botswana legal framework