Acceptance of Terms
By accessing or using any services provided by TechBantu IT Solutions LLC (“TechBantu,” “we,” “us,” or “our”), including our website at techbantu.us and all related platforms, you agree to be bound by these Terms of Service.
If you do not agree with any part of these terms, you must discontinue use of our services immediately. Continued use constitutes acceptance of these terms and any future modifications.
Eligibility
To use our services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal authority to enter into a binding agreement
- If acting on behalf of a company or organization, have the authority to bind that entity to these terms
- Not be prohibited from receiving services under applicable laws
Description of Services
TechBantu provides professional technology consulting and development services, including but not limited to:
- iOS and mobile application development (Swift, SwiftUI)
- Artificial intelligence and machine learning integration
- Cloud architecture design and implementation
- AI model training and deployment
- Custom software development and consulting
The specific scope, deliverables, and timeline for each project are defined in individual Statements of Work (SOW) or Service Agreements executed between TechBantu and the client.
User Responsibilities
As a user of our services and website, you agree to:
- Provide accurate, current, and complete information as required
- Use our services only for lawful purposes
- Not interfere with or disrupt our services or servers
- Not attempt to gain unauthorized access to any systems or data
- Comply with our Acceptable Use Policy
- Maintain the confidentiality of any account credentials
Payment Terms
Payment terms for project-based work are defined in individual Service Agreements. General payment policies include:
- A non-refundable deposit of 30% is required before work begins on most projects
- Milestone-based payments are due upon delivery and acceptance of each milestone
- Final payment is due upon project completion and delivery
- Invoices are payable within 30 days (Net-30) unless otherwise agreed
- Late payments may incur a fee of 1.5% per month on the outstanding balance
TechBantu reserves the right to suspend or halt work on any project with outstanding unpaid invoices exceeding 30 days past due.
Project Scope & Changes
Project scope is defined in the executed Statement of Work (SOW). Any changes to the agreed scope must be documented through a formal Change Order process:
- Change requests must be submitted in writing
- TechBantu will provide a revised timeline and cost estimate
- Work on changes will not begin until the Change Order is approved by both parties
- Scope changes may affect project timelines and total cost
Intellectual Property
Client Ownership: Upon full payment, clients receive ownership of all custom deliverables created specifically for their project, including custom code, designs, and documentation.
TechBantu Retained IP: TechBantu retains ownership of all pre-existing intellectual property, proprietary frameworks, tools, libraries, and methodologies used in the delivery of services. These may be licensed to the client as part of the deliverables.
Portfolio Rights: TechBantu reserves the right to showcase completed work in its portfolio and marketing materials, unless a non-disclosure agreement prohibits such use.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the engagement. Confidential information includes, but is not limited to:
- Business plans, strategies, and financial information
- Technical specifications, source code, and architecture details
- Customer data and user information
- Trade secrets and proprietary processes
Confidentiality obligations survive the termination of any engagement for a period of three (3) years unless otherwise specified in a separate NDA.
Warranties & Disclaimers
Service Warranty: TechBantu warrants that all services will be performed in a professional and workmanlike manner consistent with industry standards.
Bug Fix Warranty: For a period of ninety (90) days following project delivery, TechBantu will correct any defects or bugs in the delivered work at no additional cost, provided the issue stems from TechBantu’s work and not from client modifications or third-party integrations.
Disclaimer: Except as expressly stated above, all services and deliverables are provided “AS IS” without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
To the maximum extent permitted by law, TechBantu’s total aggregate liability for any claims arising from or related to our services shall not exceed the total fees paid by the client to TechBantu in the twelve (12) months preceding the claim.
In no event shall TechBantu be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of the cause of action or theory of liability.
Indemnification
You agree to indemnify, defend, and hold harmless TechBantu IT Solutions LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights. TechBantu will similarly indemnify the client against third-party claims arising from TechBantu’s negligence or willful misconduct.
Termination
Either party may terminate a service engagement with thirty (30) days’ written notice. Upon termination:
- The client shall pay for all work completed up to the termination date
- TechBantu will deliver all completed work product and materials
- Any outstanding invoices become immediately due and payable
- Confidentiality obligations survive termination
TechBantu may terminate services immediately for cause, including non-payment, breach of terms, or illegal activity.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal proceedings shall be conducted in the state or federal courts located in Riverside County, California.
Dispute Resolution
In the event of any dispute arising from these terms or our services, the parties agree to the following resolution process:
- Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within thirty (30) days
- Mediation: If negotiation fails, the parties shall submit the dispute to non-binding mediation
- Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association
CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Modifications to Terms
TechBantu reserves the right to modify these Terms of Service at any time. We will provide at least thirty (30) days’ notice of material changes by posting the updated terms on our website and updating the “Effective Date” above. Your continued use of our services after the effective date of any changes constitutes acceptance of the modified terms.
Contact Information
For questions or concerns regarding these Terms of Service, contact us: