1. Introduction
These Terms and Conditions govern the use of services provided by Nexity. By engaging Nexity for any service, support, hosting, or technical work, the client agrees to these Terms and Conditions.
2. Services
Nexity provides IT support, website hosting, business email hosting, networking assistance, game server hosting, and related technical services. All services are provided on a best-effort basis using industry-standard practices.
3. Labour-Based Pricing
IT services are billed based on labour unless otherwise quoted in writing. Nexity’s standard labour rate is R350 per hour and the standard call-out fee is R250 per visit. Where fixed or quoted work is agreed in advance, that written quote will apply.
4. Appointments and Availability
Appointments are scheduled based on availability. Nexity will make reasonable efforts to attend appointments at the agreed time, but exact arrival times are not guaranteed. Delays caused by traffic, previous appointments, technical complexity, or circumstances beyond reasonable control may affect scheduling.
5. Working Hours
Standard working hours apply unless otherwise agreed. Work requested outside normal operating hours may be subject to additional charges where applicable.
6. Cancellations
Clients should provide reasonable notice for cancellations or rescheduling. Nexity reserves the right to charge for late cancellations, missed appointments, or time reserved where insufficient notice was given.
7. Payment
Payment is due upon completion of the service unless otherwise agreed in writing. For recurring services, payment is due according to the agreed billing cycle. Nexity reserves the right to suspend services for late payment or non-payment.
8. Non-Payment
If payment is not received by the due date, Nexity may suspend current or future services until the outstanding amount has been settled. Nexity reserves the right to recover all reasonable costs associated with collecting overdue amounts.
9. Client Responsibilities
Clients are responsible for the practical conditions needed for successful service delivery.
- Providing accurate information
- Ensuring access to systems, devices, accounts, and premises where needed
- Maintaining valid licenses for their software where applicable
- Keeping copies of important passwords, license keys, and credentials
- Maintaining backups unless backup management has explicitly been agreed in writing
10. Backups and Data Responsibility
Clients must ensure that adequate backups exist before work begins. While Nexity takes reasonable care when working on systems and data, Nexity is not responsible for loss of data, corruption, downtime, or recovery failure unless directly caused by proven negligence.
11. Service Limitations
Nexity does not guarantee that every issue can be resolved in every environment. Certain issues may be limited by hardware age, device condition, unsupported software, third-party restrictions, service provider failures, or pre-existing system damage.
12. Third-Party Services
Some Nexity services rely on third-party platforms, registrars, hosting infrastructure, software vendors, cloud providers, or communication services. Nexity is not liable for outages, pricing changes, policy changes, delays, suspension, or failures caused by third-party providers.
13. Hardware, Software, and Recommendations
Nexity may recommend hardware, software, upgrades, replacements, or third-party services where appropriate. Unless explicitly stated otherwise, all warranties relating to third-party products remain the responsibility of the original manufacturer or supplier.
14. Return Visits and Service Concerns
If a client is dissatisfied with a service, they should contact Nexity as soon as possible. Nexity will review the matter and, where appropriate, arrange a follow-up visit or support session. If the issue results directly from Nexity’s previous work, no additional labour charge may apply. If the issue is unrelated, newly introduced, or caused by client-side factors, standard charges may apply.
15. Limitation of Liability
To the fullest extent permitted by law, Nexity shall not be liable for indirect, incidental, special, consequential, or business losses, including loss of profits, downtime, data loss, lost opportunity, reputational damage, or interruption of operations. Nexity’s total liability for any claim relating to the service provided will not exceed the amount paid by the client for that specific service.
16. Suspension and Termination
Nexity reserves the right to suspend or terminate services where necessary to protect operations, infrastructure, or lawful service delivery.
- Payment is overdue
- Services are being misused
- Illegal or prohibited activity is detected
- The client materially breaches these Terms and Conditions
17. Refusal of Service
Nexity reserves the right to refuse or discontinue service where a request involves unlawful conduct, unsafe working conditions, abusive conduct, fraudulent activity, prohibited content, or work outside Nexity’s scope.
18. Confidentiality
Nexity will treat client information with reasonable confidentiality and will not intentionally disclose private client information to third parties except where required for service delivery, required by law, or authorised by the client.
19. Changes to Terms
Nexity may update these Terms and Conditions from time to time. The most current version published on the website will apply going forward.
20. Governing Law
These Terms and Conditions are governed by the laws of South Africa.