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Legal Information

Your rights, our responsibilities, and limitations of liability

Terms & Conditions Privacy Policy

Terms and Conditions

Company: NexMotion Technologies Pty (LTD)

Registration: 2025/227658/07

Effective: February 10, 2025

Quick Summary

By using NexMotion Technologies' services, you agree to use our services responsibly, pay any applicable fees, and follow these terms. We'll provide you with reliable digital solutions and exceptional service in return.

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

By Using Our Services, You Agree To:

  • These Terms and Conditions in their entirety
  • Our Privacy Policy and data handling practices
  • Comply with all applicable laws and regulations
  • Provide accurate information when requested
  • Use our services responsibly and ethically

If you do not agree with these terms, please do not use our services.

3. Your Account and Responsibilities

Creating an Account

  • You must provide accurate and complete information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access
  • You are responsible for all activities under your account

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.

4. Services and Pricing

Pricing

Service costs are provided in quotations and invoices. Prices may vary based on project scope and complexity.

Payment Terms

Payment schedules are defined in project agreements. Deposits may be required before work begins.

Revisions

Reasonable revisions are included in project scope. Additional changes may incur extra fees.

Cancellations

Cancellation policies are outlined in project agreements. Work completed before cancellation is billable.

5. Payment and Billing

Payment Methods

We accept bank transfers, credit cards, and secure online payments via PayFast and Stripe.

Late Payments

Late payments may result in service suspension and additional fees. Projects may be paused until payment is received.

Invoicing

Invoices are provided electronically. You are responsible for ensuring payment by the due date.

Refunds

Refund eligibility depends on project stage and circumstances. Refund requests are evaluated case-by-case.

4. Warranties and Disclaimers

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

Quality Work

Professional, high-quality deliverables that meet industry standards and your requirements.

Customer Support

Responsive customer service and technical support throughout your project and beyond.

Timely Delivery

We work to meet agreed deadlines and keep you informed of progress throughout the project.

Clear Communication

Regular updates, transparent processes, and open communication channels.

Data Security

Secure handling of your information and protection of your intellectual property.

Ongoing Support

Post-project support and maintenance options to ensure continued success.

7. Intellectual Property Rights

Your Content

  • You retain ownership of content you provide to us
  • You grant us license to use your content for project delivery
  • You must have rights to any content you provide

Our Work

  • Upon full payment, you receive ownership of custom work created for you
  • We retain rights to reusable code, frameworks, and general methodologies
  • We may showcase completed projects in our portfolio unless otherwise agreed

Third-Party Components

  • Some projects may include third-party libraries or tools
  • Third-party components remain subject to their original licenses
  • We ensure proper licensing for all components used

8. Service Limitations and Disclaimers

Important: While we work hard to provide excellent service, we cannot guarantee 100% uptime for hosted services or perfect outcomes for all projects. Service quality depends on various factors including project scope, information provided, and external dependencies.

Limitations Include:

  • Technical limitations of platforms and technologies used
  • Internet connectivity and third-party service dependencies
  • Project timelines may vary based on complexity and client responsiveness
  • Software bugs or issues may occur despite rigorous testing

9. Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount paid for the specific service
  • We are not liable for indirect, consequential, or incidental damages
  • We are not responsible for losses due to factors beyond our control
  • You are responsible for maintaining backups of your data

10. Termination of Services

By You

You may terminate services according to your project agreement. Work completed prior to termination is billable.

By Us

We may terminate services for breach of terms, non-payment, or abusive behavior. We will provide reasonable notice when possible.

After Termination

You may request your data within 30 days. After that, we may delete your data in accordance with our retention policy.

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.

Significant changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance.

12. Governing Law and Disputes

  • Governing Law: These terms are governed by the laws of South Africa
  • Jurisdiction: Disputes will be subject to the jurisdiction of South African courts
  • Dispute Resolution: We prefer to resolve disputes amicably through negotiation before pursuing legal action

13. Contact Us

If you have questions about these Terms and Conditions, please 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

By using NexMotion Technologies services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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+27 68 551 7535

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