Legal

Terms of Service

These terms govern your use of our website and the delivery of our software development services.

Effective: 5 Jan 2018Last updated: 2 May 2025

1. Acceptance of Terms

By accessing the MOXTECH Software Developers website at moxtechdevelopers.com, submitting an enquiry, signing a project proposal, or engaging MOXTECH for any service, you ("Client", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our website or services.

These Terms apply to all website visitors, prospective clients, and current clients. Where a separate written project agreement or statement of work ("SOW") exists between MOXTECH and a client, the terms of that agreement take precedence over these Terms in the event of a conflict.

2. Our Services

MOXTECH provides custom software development, web and mobile application development, UI/UX design, digital consulting, business automation, API development, CRM integration, AI integration, social media management, coding education, and related professional services as described on our website.

The exact deliverables, timeline, technology stack, and price for any engagement are defined in a written proposal or SOW agreed upon by both parties before work commences. Nothing on this website constitutes an offer capable of acceptance; it is an invitation to enquire.

3. Proposals & Agreements

All project quotes and proposals issued by MOXTECH are valid for 30 days from the date of issue unless stated otherwise. Acceptance of a proposal must be made in writing (including by email or digital signature). Verbal acceptance does not constitute a binding agreement.

Work commences only after: (a) the client has accepted the written proposal, and (b) the agreed initial deposit has been received. MOXTECH reserves the right to decline any project at its discretion.

Any requirements, specifications, or agreements not documented in the signed proposal or SOW are not binding on MOXTECH.

4. Client Responsibilities

To enable MOXTECH to deliver services effectively, the client agrees to:

  • Provide accurate, complete, and timely information, content, credentials, and feedback as reasonably required.
  • Assign a designated point of contact with authority to approve decisions and deliverables.
  • Review and respond to deliverables, prototypes, or questions within the agreed timeframes. Delays caused by slow client feedback may result in revised timelines and potentially additional costs.
  • Ensure that all content, trademarks, images, and materials provided to MOXTECH are owned by the client or that the client has obtained all necessary rights and licences to use them. The client indemnifies MOXTECH against any third-party intellectual property claims arising from client-provided materials.
  • Make payments on time in accordance with the agreed schedule.
  • Not request MOXTECH to develop any software, content, or functionality that is illegal, fraudulent, defamatory, or that infringes third-party rights.

5. Intellectual Property

5.1 Ownership of deliverables

Upon receipt of full payment for a project, MOXTECH assigns to the client full ownership of the custom code, designs, and assets created specifically for that project (the "Deliverables"), except as set out in Sections 5.2 and 5.3 below.

5.2 MOXTECH background IP

MOXTECH retains ownership of all pre-existing tools, frameworks, libraries, boilerplates, and methodologies created prior to or independently of the project ("Background IP"). Where Deliverables incorporate Background IP, MOXTECH grants the client a perpetual, non-exclusive, royalty-free licence to use that Background IP solely as incorporated in the Deliverables.

5.3 Third-party components

Deliverables may incorporate open-source libraries, third-party APIs, stock assets, or software-as-a-service tools. Such components are governed by their respective licences. MOXTECH will disclose significant third-party dependencies in the project documentation. The client is responsible for complying with, and in some cases procuring, the appropriate licences for any commercial third-party components used.

5.4 Partial payment

No intellectual property rights transfer to the client until full payment has been received. During active development, MOXTECH grants a limited, revocable licence to review work in progress for the purpose of providing feedback only.

6. Payment Terms

  • Deposit: a non-refundable deposit (typically 40-50% of the total project fee) is required before work begins. The exact amount is stated in the project proposal.
  • Milestone payments: for larger projects, payments are structured around agreed milestones. MOXTECH may pause work if a milestone payment is not received within 7 days of its due date.
  • Final payment: the outstanding balance is due upon project completion and before final delivery, live deployment, or handover of source code - whichever occurs first.
  • Invoices: invoices are due within 14 days of the invoice date unless otherwise agreed.
  • Late payments: overdue invoices accrue interest at 2% per month (or the maximum permitted by law, whichever is lower) from the due date until paid in full. MOXTECH may suspend active project work and withhold deliverables until overdue amounts are settled.
  • Currency: all fees are quoted in the currency stated on the proposal. Bank transfer charges and currency conversion costs are the client's responsibility.
  • Expenses: agreed third-party costs (domain registrations, hosting fees, paid API subscriptions, stock assets, etc.) are billed to the client at cost, or procured by the client directly, as specified in the proposal.

7. Timeline & Delays

MOXTECH will use reasonable efforts to meet agreed timelines. Estimated delivery dates are provided in good faith and are contingent on timely receipt of client materials, feedback, and payments.

MOXTECH is not liable for delays caused by: (a) late or incomplete client input; (b) scope changes requested mid-project; (c) third-party service outages; (d) force majeure events (including natural disasters, power outages, internet infrastructure failures, civil unrest, or public health emergencies).

If MOXTECH anticipates a significant delay caused on our side, we will notify the client promptly and agree on a revised schedule.

8. Revisions & Change Requests

Each project proposal includes an agreed number of revision rounds per deliverable. Revisions must be consolidated and submitted in a single round of feedback per cycle wherever practical.

Requests that fall outside the agreed scope - including new features, redesigns, or significant changes to previously approved requirements - are treated as change requests. Change requests will be scoped, quoted, and require written approval before implementation. They may affect both timeline and budget.

If the client provides approval (written or verbal) for a deliverable and subsequently requests changes to that deliverable, such changes are also treated as change requests.

9. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the course of an engagement, including business plans, technical specifications, pricing, client data, and trade secrets ("Confidential Information").

Confidential Information may not be disclosed to third parties without the disclosing party"s prior written consent, except: (a) to employees, contractors, or advisors who need to know it to perform their role and are bound by equivalent confidentiality obligations; (b) where required by law or court order, in which case the receiving party will give reasonable advance notice where permitted.

Confidentiality obligations survive termination of any project engagement for a period of 3 years.

10. Warranties & Disclaimers

MOXTECH warrants that:

  • Services will be performed with reasonable care, skill, and professionalism.
  • Deliverables will substantially conform to the agreed specifications at the time of handover.
  • MOXTECH has the right to enter into these Terms and to grant the intellectual property rights described herein.

MOXTECH does not warrant that: (a) the website or services will be uninterrupted or error-free; (b) any software will be free of security vulnerabilities after delivery (post-delivery security maintenance is a separate engagement); (c) the client will achieve any particular business outcome, revenue target, or user acquisition goal as a result of our services.

The website and any information on it are provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, MOXTECH's total cumulative liability to the client for any claim arising out of or relating to these Terms or any project engagement - whether in contract, tort (including negligence), statute, or otherwise - shall not exceed the total fees paid by the client to MOXTECH in the 12 months immediately preceding the claim.

In no event shall MOXTECH be liable for: loss of profits, loss of revenue, loss of data, loss of business opportunity, reputational damage, or any indirect, special, incidental, consequential, or punitive damages, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

12. Indemnification

The client agrees to indemnify, defend, and hold harmless MOXTECH, its directors, employees, contractors, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) the client's breach of these Terms; (b) client-provided materials that infringe a third party's intellectual property rights; (c) the client's use of deliverables in a manner inconsistent with these Terms or applicable law; or (d) the client's products or services built using MOXTECH's deliverables.

13. Termination

13.1 Termination by the client

The client may terminate a project engagement with 14 days' written notice. The client remains liable for all fees for work completed up to the termination date, plus a reasonable kill fee for work in progress as detailed in the project proposal. The initial deposit is non-refundable.

13.2 Termination by MOXTECH

MOXTECH may suspend or terminate an engagement immediately with written notice if: (a) the client fails to make payment within 21 days of the due date; (b) the client materially breaches these Terms and fails to remedy the breach within 14 days of notice; (c) the client engages in conduct that is illegal, abusive, or that places MOXTECH's staff or reputation at risk.

13.3 Effect of termination

Upon termination, all licences granted under these Terms cease. MOXTECH will deliver all completed work to the client upon receipt of all outstanding payments. Work in progress will be delivered at MOXTECH's discretion. Sections on intellectual property, confidentiality, payment, liability, and governing law survive termination.

14. Portfolio Rights

Unless the client requests in writing prior to project commencement that the work be kept confidential, MOXTECH reserves the right to display the completed work (including screenshots, descriptions, and the client's name) in MOXTECH's portfolio, website, social media, and marketing materials as an example of our work.

MOXTECH will not disclose confidential business logic, internal data, or proprietary processes in any public portfolio listing.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Uganda. Both parties submit to the non-exclusive jurisdiction of the courts of Uganda.

Before initiating formal legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation within 30 days of written notice of the dispute. If negotiation fails, either party may pursue formal legal remedies.

Clients outside Uganda acknowledge that these Terms are still governed by Ugandan law, but nothing prevents a client from asserting mandatory consumer or business protection rights available under the laws of their own jurisdiction.

16. Changes to These Terms

MOXTECH may update these Terms from time to time to reflect changes in our practices, services, or applicable law. We will update the "Last updated" date at the top of this page. For active project engagements, the Terms in effect at the time of the signed proposal govern that engagement. Continued use of our website after updated Terms are posted constitutes acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us:

MOXTECH Software Developers

CEDAT Old Building - Top Floor, Makerere University, Kampala, Uganda

Email: info@moxtechdevelopers.com

Phone: +256 759 130 054 / +256 793 149 100

MOXTECH Software Developers · Terms of Service · v1.0View Privacy Policy →