Terms of Service

LEGAL

Effective Date: October 24, 2024

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client", "you"), and Century Capital ("Company", "we", "us", or "our"), concerning your access to and use of our bespoke software development, high-finance technical consulting, and related services.

By engaging with Century Capital, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using our services.

01

Service Scope

Century Capital provides precision-crafted software engineering, systems architecture, and technical consulting tailored primarily for the financial sector and enterprise clients. The specific deliverables, timelines, and technical requirements for any project will be exclusively detailed in a separate, formal Statement of Work (SOW) executed by both parties.

Any modifications to the agreed-upon SOW must be documented via a formal Change Request and may result in adjustments to the project timeline and compensation. We reserve the right to refuse service permutations that deviate fundamentally from our core competencies or ethical standards.

02

Payment Terms (ZAR)

All fees for services are quoted and payable in South African Rand (ZAR) unless explicitly stated otherwise in the SOW. Invoicing schedules are tied to project milestones. Standard terms require a 50% mobilization deposit prior to the commencement of any architectural or engineering work.

  • Invoices are strictly payable within 14 calendar days of issuance.
  • Late payments will accrue interest at a rate of prime plus 2% per month, calculated daily and compounded monthly.
  • Century Capital reserves the right to suspend all active development and withhold deliverables in the event of account arrears exceeding 30 days.
03

Intellectual Property

Upon receipt of full and final payment for the project as outlined in the SOW, Century Capital assigns to the Client all right, title, and interest in and to the specific, custom deliverables created exclusively for the Client.

However, Century Capital retains comprehensive ownership of all pre-existing internal libraries, proprietary frameworks, methodologies, and general knowledge utilized in the execution of the services. We grant the Client a perpetual, non-exclusive, royalty-free license to utilize these underlying components strictly as integrated within the final delivered solution.

04

Limitation of Liability

To the maximum extent permitted by applicable law, Century Capital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party.

In no event shall Century Capital's total aggregate liability to the Client for all claims arising out of or relating to this agreement or the services exceed the total amounts actually paid by the Client to Century Capital under the specific SOW giving rise to the claim during the six (6) months immediately preceding the event.

05

Governing Law (South Africa)

These Terms and your use of our services are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be definitively resolved by arbitration administered in Pretoria, South Africa, in accordance with the Arbitration Act 42 of 1965.