1. Introduction

These Terms & Conditions (“Agreement”) outline the legal obligations between you (“the Client”) and Airla (“the Company”), a provider of web development, software development, cybersecurity, and digital forensics services based in Gauteng, South Africa.

By engaging Airla's services, you agree to be bound by the terms outlined herein. If you do not accept these terms, you should not proceed with the use of our services.

2. Scope of Services

Airla provides professional services including but not limited to:

• Design and development of websites and web-based software applications
• Development of custom digital tools and platforms
• Cybersecurity services such as incident response, vulnerability assessments, and security consulting
• Data forensics including recovery, analysis, and reporting of digital evidence

Each project is defined by a separate agreement or proposal that outlines the specific scope, timeline, and deliverables. Any additional work or changes outside the agreed scope will be subject to additional charges and timeline adjustments.

3. Payments & Deposits

• A non-refundable deposit is required before the commencement of any work. The deposit amount is determined on a per-project basis and will be specified in the project proposal or agreement.
• The payment structure for each project will be one of the following, as specified in the project proposal or agreement:
  • Deposit & Balance: The remaining balance is due upon completion of the project or the agreed milestone (e.g., website or application going live), whichever comes first; or
  • Instalment Plan: Payments are made in instalments over an agreed period, as outlined in the project agreement.
• Projects will not be launched or handed over until all outstanding balances are settled.
• If payment is not received within 14 calendar days of the launch date, the website, software, or service may be temporarily suspended or taken down at Airla's discretion.
• If payment continues to be outstanding, Airla reserves the right to pursue legal action to recover the amount due, including additional costs incurred during the recovery process.

4. Revision & Change Request Policy

Airla is committed to delivering work that meets the agreed-upon specifications and client expectations. To manage scope and timelines effectively, the following policy applies:

• Each project includes a defined number of revision rounds as specified in the project proposal or agreement.
• A revision is defined as minor adjustments to existing agreed deliverables, such as colour changes, text edits, or layout tweaks.
• Requests that materially change the scope, design direction, or functionality of a deliverable will be treated as change requests and are subject to additional charges and revised timelines.
• Change requests must be submitted in writing (email or agreed communication channel) and will be quoted and approved before work commences.
• Airla reserves the right to decline change requests that fall significantly outside the original project scope, requiring a new agreement.

5. Intellectual Property

• Upon full payment, the Client receives ownership of the final deliverables, including source code and design files, unless otherwise agreed in writing.
• Prior to final payment, all work produced remains the intellectual property of Airla.
• Airla retains the right to reuse development methodologies, code libraries, frameworks, and components used in project delivery, unless exclusivity has been contractually agreed.
• Airla reserves the right to showcase completed projects (excluding any confidential or proprietary information) in its online portfolio, presentations, and marketing materials for promotional purposes.
• Any exceptions to the above must be explicitly stated and agreed upon in writing.

6. Acceptable Use Policy

Clients may not use Airla's services to build, support, or facilitate any product, platform, or tool that:

• Is unlawful, fraudulent, or deceptive in nature
• Promotes, enables, or distributes malware, spyware, ransomware, or any malicious software
• Facilitates illegal surveillance, stalking, or harassment of individuals
• Violates the rights of third parties, including intellectual property or privacy rights
• Is intended to cause harm to individuals, communities, or organisations
• Violates any applicable South African law or international regulation

Airla reserves the right to terminate any engagement immediately and without refund if it becomes apparent that the services are being used for any of the above purposes. Airla may also report such activity to the relevant authorities where required by law.

7. Right to Refuse Service

Airla is committed to maintaining a safe, respectful, and professional working environment for all staff, contractors, and developers. Accordingly:

• Airla reserves the right to refuse, suspend, or terminate services to any Client whose conduct is deemed abusive, threatening, harassing, or disrespectful toward any Airla team member, contractor, or associated party.
• This includes but is not limited to verbal abuse, written abuse (via email, messaging platforms, or social media), intimidation, or any conduct that creates a hostile working environment.
• Airla also reserves the right to refuse service to prospective Clients at its sole discretion, without being required to provide a reason.
• Where services are terminated under this clause due to Client misconduct, the non-refundable deposit will be forfeited, and any billable work completed up to that point remains payable.
• Airla will document all instances of misconduct and reserves the right to pursue legal remedies where applicable.

8. Confidentiality & Non-Disclosure

Airla acknowledges the sensitive nature of certain work, particularly in cybersecurity and digital forensics.

• All information shared with Airla is treated as confidential and handled with appropriate care and discretion.
• Non-Disclosure Agreements (NDAs) are available and honored where signed.
• Airla undertakes not to disclose or use any confidential information provided by the Client for any purpose other than fulfilling its contractual obligations.

9. Data Protection & POPIA Compliance

Airla operates in full compliance with the Protection of Personal Information Act, 2013 (POPIA) and applicable data protection regulations.

• Any personal information collected from Clients is processed lawfully, for a specific and defined purpose, and with appropriate security measures in place.
• Client data will not be sold, shared, or disclosed to third parties without explicit consent, except where required by law.
• Clients have the right to access, correct, or request deletion of their personal information held by Airla.
• In the event of a data breach that may affect Client information, Airla will notify affected parties in accordance with POPIA requirements.
• Where Airla handles personal data on behalf of a Client (particularly in forensics or cybersecurity engagements), the Client remains responsible for ensuring they have the lawful authority to share such data with Airla.

10. Post-Launch Support & Maintenance

• Airla offers ongoing support and maintenance services post-launch.
• These services may include bug fixes, security updates, hosting support, feature enhancements, and technical troubleshooting.
• The nature, scope, and duration of support or maintenance are determined based on the selected support plan.
• Unless expressly included in the original agreement, support is considered a separate service and may incur additional charges.
• Clients are encouraged to review Airla's support offerings to select a package that suits their needs.

11. Third-Party Services Disclaimer

Many projects may involve or depend on third-party platforms, tools, or services (including but not limited to hosting providers, domain registrars, payment gateways, CMS platforms, APIs, and cloud services).

• Airla is not responsible for the terms, pricing, availability, performance, or failures of any third-party service.
• Any costs associated with third-party services (e.g., hosting fees, domain registration, software licences) are the Client's responsibility unless explicitly included in the project proposal.
• Airla will make reasonable efforts to notify Clients of third-party dependencies and associated costs during the project scoping phase.
• Downtime, data loss, or service interruptions caused by third-party platforms are outside Airla's control and do not constitute a breach of agreement.

12. Force Majeure

Airla shall not be held liable for any delay or failure to perform its obligations under this Agreement where such delay or failure arises from circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, floods, fires, or other acts of God
• National or regional power outages, including load shedding
• Internet or telecommunications infrastructure failures
• Pandemics, epidemics, or government-imposed restrictions
• Civil unrest, strikes, or acts of government
• Illness or incapacitation of key personnel

In the event of a force majeure situation, Airla will notify the Client as soon as reasonably practicable and will make all reasonable efforts to resume services. Project timelines may be adjusted accordingly, and no penalty or breach shall be attributed to Airla during such periods.

13. Liability & Warranties

• Airla delivers services with a high degree of professionalism, care, and technical competence.
• However, to the maximum extent permitted under South African law, Airla is not liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data, business interruption, or reputational harm, arising from the use or inability to use its services.
• Airla cannot be held responsible for system failures caused by third-party platforms, hosting providers, domain registrars, or software dependencies outside its control.
• Any warranties or guarantees not expressly stated in the project agreement are excluded.

14. Dispute Resolution

Airla values strong, professional client relationships and seeks to resolve any disputes amicably and promptly.

• In the event of a dispute, the Client must submit a written complaint to Airla via email, clearly describing the nature of the issue and the resolution sought.
• Airla will acknowledge the complaint within 5 business days and provide a formal response within 14 business days.
• Both parties agree to engage in good-faith negotiations for a minimum of 30 calendar days from the date of the written complaint before pursuing any legal action.
• If the dispute cannot be resolved through negotiation, both parties may agree to engage a mutually acceptable mediator before proceeding to litigation.
• Any legal proceedings shall be conducted under the exclusive jurisdiction of the courts of the Republic of South Africa, Gauteng Province.

15. Termination

• Either party may terminate the agreement with written notice.
• If the Client terminates the project after work has begun, any completed work up to the date of termination remains billable and the deposit paid is non-refundable.
• Upon termination, Airla will provide all completed work and related materials (where paid for) in a timely manner.
• While Airla reserves the right to terminate an agreement, this right is exercised only in exceptional situations such as breach of contract, abusive behavior, misconduct, or non-payment.
• In all cases of termination, professionalism and data handover will be prioritized to minimize disruption for the Client.

16. Governing Law

These Terms & Conditions are governed by and interpreted in accordance with the laws of the Republic of South Africa, specifically under the jurisdiction of Gauteng Province. Any disputes arising from this Agreement shall be resolved under the exclusive jurisdiction of the courts of South Africa.

17. Amendments

• Airla may update these Terms & Conditions from time to time.
• Clients will be notified of any material changes that may affect their rights or obligations.
• Continued use of Airla's services following such updates will be deemed acceptance of the revised terms.