Terms and Conditions

Last updated: 3 June 2026

These Terms and Conditions govern your use of the ELDA Consulting website and your engagement with Elda Consulting Pty Ltd ("ELDA Consulting", "we", "us", or "our") for technology consulting, cloud, web application, mobile application, integration, proof-of-concept, delivery support, documentation, training, and related services.

By using this website, contacting us, requesting a call, or engaging us to provide services, you agree to these Terms and Conditions. If a separate written proposal, statement of work, service agreement, or signed contract applies, that document will take precedence where it conflicts with these Terms and Conditions.

These Terms and Conditions should be read together with our Privacy Policy, Refund Policy, Delivery Policy, and Shipping Policy.

1. Website Use

You may use this website for lawful informational and business enquiry purposes only. You must not:

• use the website in a way that breaches any applicable law or regulation;
• attempt to gain unauthorised access to the website, hosting infrastructure, email systems, or related services;
• introduce malware, malicious code, automated scraping, denial-of-service activity, or other harmful behaviour;
• copy, reproduce, or reuse website content for commercial purposes without our written permission;
• submit false, misleading, unlawful, confidential, or third-party information without authority.

2. Our Services

ELDA Consulting provides technology consulting and partners with businesses to design, validate, build, deploy, document, and hand over modern software systems. Our services may include:

• technology strategy and architecture consulting;
• system reviews, audits, and delivery support;
• cloud strategy, cloud architecture, and cloud proof-of-concepts;
• web application design and development;
• mobile application design and development for iOS and Android;
• APIs, integrations, CI/CD, deployment support, handover documentation, and training.

The exact scope, deliverables, timelines, assumptions, exclusions, fees, and responsibilities for a project will be agreed in writing before work begins.

3. Proposals, Estimates, and Project Scope

Any proposal, quotation, estimate, timeline, or roadmap we provide is based on the information available at the time. It may change if requirements, assumptions, third-party dependencies, technical constraints, or client priorities change.

Work outside the agreed scope may require a written change request, revised estimate, additional fees, and adjusted timelines. We are not responsible for delays caused by late feedback, unavailable stakeholders, incomplete information, delayed approvals, third-party service issues, or decisions outside our control.

4. Client Responsibilities

To allow us to provide services effectively, you agree to:

• provide accurate, complete, and timely information;
• make relevant stakeholders available for discovery, reviews, approvals, and testing;
• provide access to systems, repositories, cloud accounts, documentation, test data, and environments where required;
• ensure you have the right to share any materials, credentials, data, or intellectual property you provide to us;
• review deliverables within agreed timelines and raise concerns promptly;
• maintain backups, account ownership, security controls, and governance for your own systems unless otherwise agreed.

5. Fees, Invoicing, and Payment

Fees, payment milestones, billing frequency, expenses, and taxes will be set out in the applicable proposal or written agreement. Unless otherwise agreed in writing:

• fees are payable in South African Rand;
• invoices are payable within the period stated on the invoice;
• third-party costs, cloud usage, licences, app store fees, hosting, domains, and paid tools are for the client's account;
• late payment may result in suspension of work, delayed delivery, or withholding of deliverables until payment is received.

ELDA Consulting provides B2B professional services and does not sell fixed-price physical products through this website. Pricing is custom-quoted based on scope, duration, complexity, required expertise, and third-party costs.

6. Cancellations and Changes

Either party may request to pause, cancel, or change a project by giving written notice. You remain responsible for payment for work performed, committed costs, approved expenses, and non-cancellable third-party charges up to the effective date of cancellation.

If a project is paused for reasons outside our control, timelines and availability may need to be revised before work resumes.

Refunds are handled according to our Refund Policy and any written agreement that applies to the specific engagement.

7. Intellectual Property

Unless otherwise agreed in writing, you retain ownership of your pre-existing materials, data, content, trademarks, business information, and systems. We retain ownership of our pre-existing tools, know-how, methodologies, templates, reusable code, libraries, processes, and general technical knowledge.

Subject to full payment of all applicable fees, ownership or usage rights in custom project deliverables will be transferred or licensed to you as set out in the applicable proposal, statement of work, or written agreement.

Third-party software, open-source components, platforms, cloud services, app stores, APIs, frameworks, and licences remain subject to their own terms and conditions.

8. Confidentiality

Each party may receive confidential business, technical, financial, operational, or personal information from the other. Each party agrees to protect confidential information using reasonable care and to use it only for the purpose of the relevant discussion, proposal, project, or service engagement.

Confidentiality obligations do not apply to information that is public, already known without restriction, independently developed, lawfully received from a third party, or required to be disclosed by law.

9. Security, Access, and Credentials

We take reasonable technical and organisational measures when working with client systems and information. However, no website, software system, cloud environment, or transmission method can be guaranteed to be completely secure.

You remain responsible for managing your own accounts, credentials, permissions, backups, access reviews, and security policies unless these responsibilities are expressly included in the agreed scope.

10. Privacy and Personal Information

We process personal information in accordance with applicable South African privacy laws, including the Protection of Personal Information Act, 4 of 2013 (POPIA), and our Privacy Policy.

If a project requires us to process personal information on your behalf, the parties may need to agree additional data processing, security, retention, access, and deletion terms before work begins.

11. No Professional Advice

Information on this website and any general discussion before a formal engagement is provided for general business and technical information only. It is not legal, financial, tax, accounting, regulatory, cybersecurity certification, or professional compliance advice.

12. Warranties and Disclaimers

We aim to provide services with reasonable skill, care, and diligence. However, unless expressly agreed in writing, we do not guarantee that any system, prototype, application, integration, deployment, roadmap, or recommendation will be uninterrupted, error-free, vulnerability-free, compatible with every environment, or suitable for every future business requirement.

Proof-of-concepts, prototypes, audits, estimates, and technical recommendations may require further validation, hardening, testing, security review, and production planning before use in a live environment.

13. Limitation of Liability

To the maximum extent permitted by law, ELDA Consulting will not be liable for indirect, incidental, special, consequential, or punitive losses, including loss of profit, revenue, data, goodwill, business opportunity, or expected savings.

To the maximum extent permitted by law, our total liability arising from a service engagement will be limited to the fees paid to us for the specific services giving rise to the claim during the three months before the claim arose, unless a different liability limit is agreed in writing.

Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so.

14. Third-Party Services

Projects may rely on third-party platforms and services such as cloud providers, payment processors, authentication providers, analytics tools, hosting services, APIs, app stores, communication tools, and open-source software. We are not responsible for third-party outages, pricing changes, policy changes, licence restrictions, data loss, or service limitations outside our control.

15. Delivery and Shipping

ELDA Consulting provides digital and professional services. Service delivery is handled through agreed project milestones, meetings, documentation, source code repositories, cloud environments, deployments, training, and handover processes. Physical shipping is not applicable unless expressly agreed in writing for a specific project.

More detail is available in our Delivery Policy and Shipping Policy.

16. Website Content and Availability

We may update, remove, or change website content at any time without notice. While we try to keep information accurate and current, website content may contain errors, omissions, or outdated information. The website is provided on an "as is" and "as available" basis.

17. Force Majeure

We will not be responsible for failure or delay caused by events outside our reasonable control, including power failures, internet outages, labour disputes, natural disasters, war, civil unrest, pandemics, government action, supplier failure, platform outages, cyber incidents, or other events beyond our control.

18. Governing Law and Disputes

These Terms and Conditions are governed by the laws of the Republic of South Africa. The parties will first attempt to resolve disputes through good-faith discussion. If a dispute cannot be resolved, it may be referred to mediation, arbitration, or the courts with jurisdiction in South Africa, unless the parties agree otherwise in writing.

19. Changes to These Terms

We may update these Terms and Conditions from time to time. Updated terms will be posted on this page with a revised "Last updated" date. Continued use of the website or continued engagement with us after changes are posted means you accept the updated terms.

20. Contact Us

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