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Terms and Conditions

Company: NexMotion Technologies Pty (LTD)

Registration: 2025/227658/07

Effective: February 10, 2025

Important: Please read these terms carefully. They contain limitations of liability and indemnification provisions that protect NexMotion Technologies.

1. Our Services

NexMotion Technologies provides web development, design, hosting consultation, and technical support services. All work is performed based on the scope defined in a specific project proposal or agreement.

We reserve the right to update, modify, or discontinue any service without prior notice.

2. Client Responsibilities & Indemnification

Content Ownership & Warranties

You (the Client) represent and warrant that:

  • You are the sole owner of all content (text, images, logos, data) you provide to us.
  • You have the legal right to use all materials provided.
  • None of the content provided infringes upon the rights of any third party.

Indemnification (Client Protection)

You agree to indemnify, defend, and hold harmless NexMotion Technologies, its employees, and contractors from any claims, damages, or expenses (including legal fees) arising from:

  • Any breach of your warranties in this section.
  • Any content or material you provide for your website.
  • Any misuse of the services by you or your agents.

In short: If you provide a copyrighted image and get sued, NexMotion Technologies is not responsible.

3. Payment Terms

  • Deposits: A minimum deposit (typically 50%) is required before work begins.
  • Final Payment: Source code, final files, or website access details will only be released upon full payment of all outstanding invoices.
  • Late Fees: Services may be suspended without notice for overdue payments. Interest may be charged on overdue amounts at the maximum rate permitted by law.
  • Refunds: Deposits are non-refundable once work has commenced. Refunds for work in progress are evaluated on a case-by-case basis.

4. Warranties and Disclaimers

We strive for high quality, but you must accept the following limitations:

  • "As Is" Provision: Services are provided "as is" and "as available." We do not warrant that the website or software will be uninterrupted, error-free, virus-free, or secure.
  • Third-Party Reliance: We are not liable for downtime, errors, or failures caused by third-party services, including (but not limited to) hosting providers (Hostinger), domain registrars, payment gateways (PayFast/Stripe), Google APIs, or Internet Service Providers.
  • No Revenue Guarantee: We do not guarantee that your website will achieve specific search engine rankings, traffic levels, or sales revenue. SEO and marketing results are subject to external factors beyond our control.

    • 5. Limitation of Liability

    CAP OF LIABILITY: To the maximum extent permitted by law, NexMotion Technologies' total aggregate liability to you for any claims, damages, or causes of action (whether in contract, tort, or otherwise) shall not exceed the total amount paid by you to NexMotion Technologies for the specific service giving rise to the claim.

    In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the services.

    6. Intellectual Property

    Your Rights

    Upon full payment, you receive a non-exclusive, perpetual license to use the final website design and custom code developed specifically for your project.

    Our Rights

    NexMotion Technologies retains ownership of all pre-existing frameworks, libraries, reusable code, and methodologies. We also retain the right to display your project in our portfolio unless specifically agreed otherwise in writing.

    7. Termination

    • By Client: You may terminate the project at any time. You will be billed for all work completed up to the date of termination.
    • By NexMotion: We reserve the right to terminate services for non-payment, abusive behavior, or breach of these terms.

    8. Governing Law

    These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.

    9. Contact Us

    General Inquiries

    info@nexmotiontechnologies.co.za

    +27 68 551 7535

    Document Information

    Document Owner: Casious Segeale Mookamedi, CEO

    Last Updated: February 10, 2025