Terms & Conditions

1. Acceptance of Terms

By accessing or using www.mpkdevelopment.co.za ("the Website"), you agree to be bound by these Terms and Conditions. If you do not agree, you must discontinue use of the Website immediately. These Terms and Conditions apply to all visitors and users of the Website.

2. About MPK Development

MPK Development (Pty) Ltd (Reg: 2014/091288/07) is a Technology Architecture Studio registered and operating in the Republic of South Africa, based in Polokwane, Limpopo.

3. Scope of These Terms

These Terms and Conditions govern use of the Website only. They do not constitute, and must not be construed as, an offer to contract, a quotation, or the terms of any software development, technology architecture, AI implementation, or other professional engagement.

Any actual engagement between MPK Development and a client — whether for solution design, software development, systems integration, AI implementation, or ongoing partnership services — is governed exclusively by a separate written agreement (a "Service Agreement") signed by both parties. Where any conflict arises between these Terms and a signed Service Agreement, the Service Agreement takes precedence for all matters it covers.

Submitting an enquiry, requesting a quotation, or otherwise contacting MPK Development through the Website does not create a Service Agreement, contractual relationship, or obligation on either party until a separate written agreement is signed.

4. Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

• Use the Website in any way that violates applicable local, national, or international law.
• Transmit any unsolicited advertising, promotional material, or spam.
• Attempt to gain unauthorised access to any part of the Website, its server, or any system connected to it.
• Transmit any data or material that contains viruses, malware, or other harmful technical material.
• Scrape, harvest, or systematically copy content from the Website without our prior written consent.
• Submit false, misleading, or fraudulent information through any enquiry, contact, or quotation form.
• Use any automated system, bot, or script to interact with the Website without our prior written consent.

5. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, source code, system architecture diagrams, and software, is the property of MPK Development (Pty) Ltd or its licensors and is protected by South African copyright law, the Trade Marks Act 194 of 1993, and applicable international treaties.

You may not reproduce, distribute, modify, create derivative works of, publicly display, reverse-engineer, decompile, or otherwise exploit any content from the Website without our prior written consent, except for personal, non-commercial reference use.

MPK Development, OptEva, StratStore, Vaulto, Delvrex, Sammy, and related names, marks, and logos are proprietary identifiers of MPK Development (Pty) Ltd and may not be used, in whole or in part, without prior written permission. Nothing on the Website grants any licence to use MPK Development's intellectual property except as expressly stated here.

6. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, MPK Development makes no warranties, express or implied, regarding the Website, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Website will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.

This disclaimer applies to the Website only. Warranties, service levels, and support commitments relating to any software, system, or platform delivered under a Service Agreement are governed exclusively by that Service Agreement.

7. Limitation of Liability

To the maximum extent permitted by applicable South African law, MPK Development shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of, or inability to access or use, the Website, even if we have been advised of the possibility of such damages.

This limitation applies to Website use only. It does not limit, cap, or otherwise affect MPK Development's liability under any Service Agreement, which is governed exclusively by the liability terms of that agreement.

8. Indemnification

You agree to indemnify and hold harmless MPK Development (Pty) Ltd, its directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Website, or your violation of any applicable law or third-party right.

9. Third-Party Links

The Website may contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or take responsibility for the content, privacy practices, or terms of any linked websites. Accessing linked websites is at your own risk.

10. Privacy

Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms and Conditions by reference.

11. Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without notice and without liability to you. This right does not extend to any live system, platform, or service delivered to a client under a Service Agreement, which is governed by that agreement's own availability and support terms.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the High Court of South Africa, Limpopo Division, Polokwane.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Changes to These Terms

We may update these Terms and Conditions at any time. The updated version will be posted on the Website with a revised effective date. Your continued use of the Website after changes are posted constitutes your acceptance of the updated Terms.

15. Contact

For any queries relating to these Terms and Conditions, contact: