Development & Services Terms & Conditions

Legal Disputes

For any dispute arising from Software Development, Website & Graphic Design, you agree to be governed by the laws of the Republic of South Africa. and you hereby consent to the exclusive jurisdiction and venue of courts in Port Elizabeth in the Republic of South Africa in all disputes arising out of or relating to the use of the ITM Trust and its suppliers.


All software, website edits and updates and design work performed by ITM Trust remains the property of ITM Trust until paid for in full. ITM Trust does not have any claim on domain names registered on behalf of clients.

Deposits and Final Payment

Usually a 50% deposit will be required to initiate development or design processes. This deposit is not refundable. When a development is completed, the balance of the fee is payable.

At the sole discretion of ITM Trust, a development may be deemed complete when the client fails to provide input, such as content, despite repeated requests.

Should a client terminate a development, for whatever reason, the entire balance of the fee invoiced becomes immediately payable.


Unpaid accounts beyond agreed terms will incur interest at the prevailing interest rates.

Hosting payments are due on the 1st of the month in advance. ITM Trust may insist upon a Debit Order for hosting payments. Unpaid overdue accounts may result in the suspension or reduction of services without notice.

Source Code

ITM Trust does not automatically supply or sell source code it creates for custom modules. Should you wish to purchase the source code for custom, developed modules, then a separate price will need to be negotiated. This is generally 6 times the cost of developing these modules.


Clients must assure that they hold the copyright for content that appears on their websites. If ITM Trust is notified of a possible copyright infringment, then we will remove or change the relevant content immediately.

Project Creep

Designing and software development take time. Design changes and software modifications are a natural part of development. However, this cannot be a never-ending story. When the change requests extend beyond the original scope of the functional specification, or design changes exceed 3 iterations, then the additional development will be charged at the hourly rate.

Quotes and Estimates

ITM Trust will provide a quote for software development: website & graphic design. We shall endeavour to complete the project within the limits of the quote. However, in certain circumstances it may be necessary to revisit the quote if we find that the project cannot be completed within the agreed cost parameters.