These terms govern all work undertaken by BuildsByBuchanan. By engaging our services, requesting a quote, or making any payment, you agree to these terms in full.
In these Terms and Conditions, the following definitions apply:
BuildsByBuchanan provides web development, web application development, data and document services, business automation, digital consulting, and related digital solutions. Services are performed solely by Sivario Buchanan, unless explicitly stated otherwise in writing.
The scope of any Project is defined exclusively by the written quote, proposal, or message exchange accepted by the Client. Verbal agreements, assumptions, or implied requirements not documented in writing do not form part of the agreed scope.
BuildsByBuchanan reserves the right to decline any project request at its sole discretion, without obligation to provide reasons.
All quotes and proposals issued by BuildsByBuchanan are valid for 14 (fourteen) calendar days from the date of issue, unless otherwise stated. After this period, prices and availability are subject to change.
A quote constitutes an estimate based on information provided by the Client at the time of enquiry. If the scope of work changes materially after a quote is accepted, BuildsByBuchanan reserves the right to revise pricing accordingly.
BuildsByBuchanan is not bound to honour quotes that contain material errors (including but not limited to typographical errors in pricing) and reserves the right to correct or withdraw such quotes before work commences.
Unless otherwise agreed in writing, the following payment structure applies to all Projects:
For smaller fixed-price projects (under R1,500), full payment upfront may be required at BuildsByBuchanan's discretion.
All payments must be made via the method agreed upon at the time of quoting (EFT, PayPal, or other agreed platform). Payments are to be made in South African Rand (ZAR) unless otherwise agreed in writing.
Invoices not settled within 7 (seven) calendar days of the due date may incur a late payment fee of 5% of the outstanding amount per month, or part thereof. BuildsByBuchanan reserves the right to suspend or terminate work on any Project with outstanding overdue payments.
All fees are exclusive of any bank charges, international transfer fees, or platform fees. These are the Client's responsibility and must be accounted for so that BuildsByBuchanan receives the full agreed amount.
Each project includes a reasonable number of revisions as outlined in the accepted quote. A "revision" is defined as a minor adjustment to existing agreed-upon work — not a change in direction, additional features, or a redesign.
The following constitute out-of-scope changes that will be quoted and charged separately:
BuildsByBuchanan will notify the Client of additional charges before proceeding with out-of-scope work. Proceeding with such work after notification constitutes acceptance of the additional fees.
Scope changes that significantly affect the timeline or budget may require a revised quote and written re-acceptance before work continues.
The Client is responsible for providing all content, materials, assets, and information required to complete the Project. This includes but is not limited to:
The Client warrants that all materials, content, and information provided to BuildsByBuchanan are owned by the Client or that the Client has the legal right to use them. BuildsByBuchanan accepts no liability for content supplied by the Client that infringes the intellectual property or other rights of any third party.
The Client is solely responsible for ensuring that any website, application, or digital product complies with all applicable laws and regulations in their jurisdiction, including but not limited to POPIA (Protection of Personal Information Act), consumer protection legislation, and sector-specific regulations. BuildsByBuchanan provides technical implementation only and does not provide legal compliance advice.
Estimated timelines provided by BuildsByBuchanan are good-faith estimates based on the agreed scope at the time of quoting. They are not guaranteed completion dates unless explicitly stated as such in writing.
Timelines are dependent on the Client providing required materials and feedback promptly. Delays caused by the Client — including late content delivery, delayed approvals, or changes to scope — will extend the timeline accordingly. BuildsByBuchanan is not liable for missed deadlines resulting from Client-side delays.
BuildsByBuchanan will endeavour to communicate any material delays to the Client as soon as they become apparent. In the event of significant delay caused solely by BuildsByBuchanan (excluding force majeure), the Client may request a revised timeline.
Force majeure events — including illness, load shedding, natural disasters, internet outages, or other circumstances beyond BuildsByBuchanan's reasonable control — shall not constitute a breach of these Terms and will extend timelines accordingly.
Upon receipt of full payment for a Project, the Client is granted a full, non-exclusive, perpetual licence to use the Deliverables for their intended purpose.
Notwithstanding the above, BuildsByBuchanan retains:
Third-party assets (fonts, stock images, plugins, open-source libraries) are subject to their respective licences. BuildsByBuchanan will endeavour to use appropriately licensed assets, but the Client is responsible for ensuring ongoing licence compliance after handover.
BuildsByBuchanan is not responsible for any claims arising from the Client's use of Deliverables in ways that exceed the scope of the original project or applicable third-party licences.
BuildsByBuchanan agrees to keep confidential any sensitive business information, proprietary data, or trade secrets disclosed by the Client in the course of a Project, and will not share such information with third parties without the Client's written consent, except where required by law.
The Client agrees to keep confidential any proprietary methodologies, pricing structures, internal processes, or tools disclosed by BuildsByBuchanan in the course of providing services.
This clause does not apply to information that is publicly available, independently developed, or disclosed by a third party without obligation of confidence.
BuildsByBuchanan may be required to disclose Client information to sub-contractors or partners (such as Nexium Connect or Fortuin Consulting) where necessary to complete a Project. In such cases, those parties are bound by equivalent confidentiality obligations.
BuildsByBuchanan shall not be liable for any:
The Client acknowledges that websites and software may experience bugs, downtime, compatibility issues, or other technical problems. BuildsByBuchanan will make reasonable efforts to resolve such issues within the warranty period, but does not guarantee uninterrupted or error-free operation.
BuildsByBuchanan warrants that Services will be performed with reasonable skill and care, and that Deliverables will function materially as described in the agreed scope at the time of delivery.
A warranty period of 30 (thirty) calendar days from the date of final delivery applies to all Projects. During this period, BuildsByBuchanan will correct bugs or defects in the Deliverables that existed at the time of delivery, at no additional charge. This warranty does not cover:
After the 30-day warranty period, any support, maintenance, or bug fixes will be subject to separate agreement and additional fees.
BuildsByBuchanan does not warrant that any website or application will achieve specific business outcomes, rankings in search engines, conversion rates, or revenue targets. Digital marketing results are not guaranteed.
Either party may terminate a Project by providing written notice. The following applies upon termination:
Upon termination, the Client must immediately cease use of any incomplete or unpaid Deliverables. BuildsByBuchanan retains all rights to work-in-progress materials until full payment is received.
In the event of a dispute arising from these Terms or any Project, the parties agree to attempt resolution through good-faith negotiation before pursuing formal legal proceedings. BuildsByBuchanan should be contacted in writing (via email) outlining the nature of the dispute.
If informal resolution is not achieved within 21 (twenty-one) calendar days of the dispute being raised in writing, either party may refer the matter to a mutually agreed mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.
Formal legal proceedings may only be initiated after the above steps have been exhausted, or where urgent relief (such as an interdict) is required.
These Terms and Conditions, and all agreements between BuildsByBuchanan and the Client, are governed by and construed in accordance with the laws of the Republic of South Africa.
Any disputes that proceed to formal legal proceedings shall be subject to the exclusive jurisdiction of the South African courts, specifically the courts of the Western Cape.
Where the Client is based outside South Africa, the Client acknowledges and agrees that South African law governs the relationship and that South African courts have jurisdiction over any dispute.
Entire Agreement: These Terms, together with any accepted quote or written proposal, constitute the entire agreement between BuildsByBuchanan and the Client and supersede all prior discussions, representations, or agreements.
Amendments: BuildsByBuchanan reserves the right to update these Terms at any time. The current version will always be published on the website. Continued engagement with BuildsByBuchanan after changes are published constitutes acceptance of the updated Terms.
Severability: If any clause of these Terms is found to be invalid, unlawful, or unenforceable, the remaining clauses shall continue in full force and effect.
No Waiver: Failure by BuildsByBuchanan to enforce any provision of these Terms on one occasion shall not be construed as a waiver of that provision or any other provision on any other occasion.
Assignment: The Client may not assign or transfer any rights or obligations under these Terms to a third party without BuildsByBuchanan's prior written consent. BuildsByBuchanan may engage sub-contractors or partners at its discretion without Client consent.
Electronic Acceptance: Acceptance communicated via WhatsApp, email, or any other electronic means is legally binding and constitutes a valid signature for the purposes of these Terms.
For questions, concerns, or disputes relating to these Terms and Conditions, please contact BuildsByBuchanan directly: