Last updated: November 11, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and BC Mobile Technologies ("BCMT", "we", "us", or "our"), a company registered and operating in Cape Town, Western Cape, South Africa.
By accessing our website at bcmobiletech.co.za, submitting an inquiry, or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including but not limited to the Consumer Protection Act, 2008 (CPA), the Electronic Communications and Transactions Act, 2002 (ECTA), and the Protection of Personal Information Act, 2013 (POPIA).
In these Terms, unless the context indicates otherwise:
"Application" or "App" means any mobile application, web application, or software product developed by BCMT for or on behalf of the Client.
"Growth Path" means the service model whereby BCMT develops and hosts the Application at no upfront development cost, the Application is published under BCMT's app store accounts, and the Client pays a recurring hosting fee and a per-transaction service fee.
"Ownership Path" means the rent-to-own service model whereby the Client pays a higher monthly fee over an agreed term (12, 18, or 24 months), at the conclusion of which full ownership of the source code and intellectual property transfers to the Client.
"Full Purchase" means the traditional development model whereby the Client pays a fixed project fee and receives full ownership of the Application and source code upon completion and final payment.
"Service Fee" means the per-transaction percentage or fixed fee charged by BCMT on sales or transactions processed through the Application under the Growth Path model.
"Hosting Fee" means the recurring monthly fee payable for the hosting, server infrastructure, and operational maintenance of the Application.
"Service Agreement" means the specific written agreement between BCMT and the Client detailing the scope, deliverables, pricing, timelines, and terms applicable to a particular project.
BCMT provides mobile and cross-platform application development services using Kotlin Multiplatform and related technologies. Our services are offered under three primary engagement models:
Under the Growth Path, BCMT develops the Application at no upfront cost to the Client(Qualified Clients Only). The Application is published on the Apple App Store and/or Google Play Store under BCMT's developer accounts. BCMT retains ownership of the Application, its source code, and all associated intellectual property. The Client pays a monthly hosting fee for server infrastructure and maintenance. BCMT charges a service fee on each transaction processed through the Application (e.g., product sales, bookings, subscriptions). The specific hosting fee and service fee percentages will be set out in the Service Agreement.
Under the Ownership Path, the Client pays a higher monthly fee over an agreed period (12, 18, or 24 months).The Application is published under our app store accounts. Upon completion of all payments under the agreed term, full ownership of the source code and intellectual property transfers to the Client and the app will be transfered to the Client's Apple Developer and Google Play developer accounts. BCMT will provide complete source code, documentation, and a handover briefing. Optional ongoing maintenance and support is available under a separate agreement.
Under the Full Purchase model, the Client pays a fixed project fee as agreed in the Service Agreement. The Client must register and maintain their own app store developer accounts. Upon full and final payment, the Client receives complete ownership of the Application, source code, and associated intellectual property. BCMT retains the right to use anonymised, non-proprietary code patterns and frameworks developed during the project for future work.
All intellectual property in the Application, including but not limited to the source code, design, architecture, and any custom libraries or modules, remains the sole property of BCMT for the duration of the Growth Path engagement. The Client is granted a non-exclusive, non-transferable licence to use the Application for the purposes set out in the Service Agreement, for as long as the Client remains in good standing with all payment obligations.
During the payment term, intellectual property remains with BCMT. Upon successful completion of all payments, intellectual property transfers to the Client in full. If the Client defaults on payments, BCMT retains all intellectual property rights and may, at its discretion, suspend or terminate access to the Application.
Upon receipt of full and final payment, all intellectual property in the bespoke Application transfers to the Client. BCMT retains the right to use general, non-proprietary techniques, tools, and methodologies developed or utilised during the project.
The Client retains all rights to content, data, branding, trademarks, and materials provided to BCMT for use in the Application. The Client grants BCMT a limited licence to use such materials solely for the purpose of providing the agreed services.
5.1 All fees are quoted and payable in South African Rand (ZAR) unless otherwise agreed in writing. International clients may be invoiced in USD or EUR by arrangement.
5.2 Hosting fees are payable monthly in advance. Invoices are issued on the first business day of each month and are due within 7 (seven) days of issue.
5.3 Transaction-based service fees under the Growth Path are calculated monthly and invoiced in arrears, based on transaction data recorded by the Application's payment processing system.
5.4 Ownership Path monthly payments are due on the same day each month as specified in the Service Agreement. Failure to make two consecutive payments constitutes a material breach.
5.5 Full Purchase payments are structured as per the Service Agreement, typically with a deposit, milestone payments, and a final balance upon delivery.
5.6 Late payments may attract interest at the rate of 2% per month on outstanding amounts, calculated from the due date. BCMT reserves the right to suspend services in the event of non-payment exceeding 14 days.
5.7 All fees are exclusive of Value Added Tax (VAT), which will be charged at the applicable rate where BCMT is registered for VAT.
6.1 Growth Path: BCMT publishes and maintains the Application under its own Apple Developer and Google Play developer accounts. The Application listing, metadata, and updates are managed by BCMT. The Client may request reasonable changes to the listing, subject to app store guidelines.
6.2 Ownership Path and Full Purchase: The Client is responsible for creating, maintaining, and paying for their own Apple Developer account (currently USD $99/year) and Google Play Developer account (currently USD $25 one-time fee). BCMT will publish the Application to the Client's accounts and may require temporary access credentials to do so. The Client is responsible for compliance with all app store terms and policies applicable to their accounts.
The Client agrees to provide all required content, branding materials, and specifications in a timely manner. The Client shall ensure that all content and materials provided do not infringe upon the intellectual property rights of any third party. The Client is responsible for the accuracy of all information provided. Delays caused by the Client's failure to provide necessary materials may result in revised timelines and, where applicable, additional costs. Where the Client is responsible for their own app store accounts, the Client must maintain those accounts in good standing throughout the engagement.
8.1 BCMT will perform all services with reasonable skill and care, in accordance with generally accepted industry standards.
8.2 For hosted applications (Growth Path), BCMT targets an uptime of 99.9%, excluding scheduled maintenance, force majeure events, and third-party service outages beyond our control.
8.3 BCMT does not warrant that the Application will be entirely free of bugs or errors. We will use reasonable efforts to resolve reported issues in a timely manner.
8.4 To the fullest extent permitted by law, all other warranties, whether express or implied, are excluded. Nothing in these Terms is intended to limit any rights the Client may have under the Consumer Protection Act, 2008, where applicable.
9.1 To the maximum extent permitted by South African law, BCMT's total liability arising out of or in connection with the services, whether in contract, delict (tort), or otherwise, shall not exceed the total fees paid by the Client to BCMT in the 12 months preceding the event giving rise to the claim.
9.2 BCMT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, or goodwill, even if advised of the possibility of such damages.
9.3 BCMT shall not be liable for any losses or damages resulting from third-party services, including but not limited to app store policy changes, payment processor failures, hosting provider outages, or changes to third-party APIs.
Either party may terminate the Growth Path engagement by providing 30 days' written notice. Upon termination, BCMT will remove the Application from the app stores within a reasonable time. The Client's data (excluding source code and intellectual property, which remain with BCMT) will be provided to the Client in a standard format. The Client may, at the time of termination, negotiate a buyout of the source code at fair market value.
If the Client terminates prior to completing all payments, no intellectual property transfers. Payments already made are non-refundable unless otherwise agreed. If BCMT terminates for reasons other than Client breach, a pro-rata refund of payments may apply at BCMT's discretion.
Termination is governed by the Service Agreement. Deposits and milestone payments for work already completed are non-refundable.
Either party may terminate immediately upon written notice if the other party commits a material breach and fails to remedy such breach within 14 days of receiving written notice of the breach.
Both parties agree to keep confidential all information of a proprietary or confidential nature disclosed during the engagement. This obligation survives termination of the agreement for a period of 3 (three) years. Confidential information does not include information that is publicly available, was already known to the receiving party, or is required to be disclosed by law.
Both parties agree to comply with the Protection of Personal Information Act, 2013 (POPIA) and any other applicable data protection legislation. Where BCMT processes personal information on behalf of the Client, it does so as an operator (as defined in POPIA) and will process such information only in accordance with the Client's lawful instructions. Our full privacy practices are detailed in our Privacy Policy.
Neither party shall be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, epidemics, government actions, power failures, internet outages, acts of war or terrorism, and strikes or industrial action. The affected party must notify the other party as soon as reasonably possible.
14.1 The parties shall first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation.
14.2 If the dispute is not resolved within 30 days, either party may refer the dispute to mediation administered in Cape Town, South Africa.
14.3 If mediation is unsuccessful, the dispute shall be submitted to the jurisdiction of the courts of the Western Cape Division of the High Court of South Africa, or the Magistrate's Court where applicable.
You may use our website for lawful purposes only. You agree not to use automated tools to scrape, extract, or download content from our website, attempt to interfere with the website's functionality or security, misrepresent your identity or affiliation, or use any content from our website without prior written permission.
The Client agrees to indemnify and hold harmless BCMT, its directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or in connection with the Client's breach of these Terms, infringement of third-party intellectual property rights through content or materials provided by the Client, and the Client's use of the Application in a manner not contemplated by the Service Agreement.
BCMT reserves the right to amend these Terms at any time. Material changes will be communicated via email to active clients and posted on this page with an updated effective date. Continued use of our website or services following such changes constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
These Terms, together with the applicable Service Agreement and Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior agreements, understandings, and representations.
These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the courts of the Western Cape Division of the High Court of South Africa.
For questions or concerns about these Terms, please contact us: