Subscription Terms & Conditions

1. Parties to this Agreement

Service Provider: Nexmotion Technologies, a South African digital services company operating at nexmotiontechnologies.co.za. Contact: info@nexmotiontechnologies.co.za / +27 68 551 7535.

Client: The individual or business entity that subscribes to a recurring service plan offered by Nexmotion Technologies.

2. Services Covered

These terms apply to the following recurring subscription plans:

• Web Hosting (R150/month) — Premium cloud hosting including 99.9% uptime SLA, SSL certificate, daily cloud backups, and business email accounts.
• Standard Monthly Plan (R1,800/month) — Website maintenance and hosting for Standard package clients.
• Professional Monthly Plan (R3,600/month) — Website maintenance and hosting for Professional package clients.
• Enterprise Monthly Plan (R6,000/month) — Website maintenance and hosting for Enterprise package clients.

The specific features included in each plan are detailed on the Services page. Nexmotion Technologies reserves the right to update plan features with 30 days' written notice.

3. Billing & Payment

3.1 Recurring billing. Subscriptions are billed monthly from the date of your first payment. For example, if you subscribe on 22 June, you will be charged again on 22 July, 22 August, and so on.

3.2 Payment processor. All payments are processed securely by PayFast (payfast.co.za), a South African PCI-compliant payment gateway. Nexmotion Technologies does not store, see, or handle your card details. PayFast stores your card information and processes recurring charges automatically on your behalf.

3.3 Automatic renewal. Your subscription renews automatically each month until you cancel. No separate action is required from you for renewal.

3.4 Price changes. If Nexmotion Technologies changes the subscription price, you will be notified by email at least 30 days before the new price takes effect. Continued use of the service after the notice period constitutes acceptance of the new price.

3.5 VAT. All prices are quoted inclusive of VAT where applicable, in South African Rand (ZAR).

4. Payment Failure & Service Suspension

We understand that payment issues can occur. Our process is designed to give you fair warning before any services are affected:

4.1 Service restoration. Once payment is received, services will be restored within 24 hours. You will receive a confirmation email when your services are back online.

4.2 Data after 30 days. If an account remains suspended for more than 30 days without payment or contact, Nexmotion Technologies reserves the right to permanently remove the associated data and configurations. You will receive a final email warning 7 days before any permanent deletion.

5. Your Right to Cancel

You may cancel your subscription at any time, for any reason, without penalty, in accordance with Section 14 of the Consumer Protection Act.

5.1 How to cancel. Log in to your Client Portal and click "Cancel Subscription." Cancellation takes effect at the end of your current billing cycle. You will not be charged again after cancellation is confirmed.

5.2 Alternative cancellation method. You may also cancel by contacting us directly at info@nexmotiontechnologies.co.za or calling +27 68 551 7535. Please provide your full name and registered email address. We will confirm cancellation within 2 business days.

5.3 No partial refunds. Subscription fees are charged for full billing cycles. We do not offer refunds for the unused portion of a billing period after cancellation, except during the cooling-off period described in Section 6.

5.4 No cancellation fees. There are no early termination fees, cancellation fees, or penalties for cancelling your subscription at any time.

6. Cooling-off Period (ECT Act Section 44)

In accordance with Section 44 of the Electronic Communications and Transactions Act 25 of 2002, you have 5 business days from the date of your first payment to cancel this agreement and receive a full refund, with no questions asked.

To exercise your cooling-off right, contact us at info@nexmotiontechnologies.co.za within 5 business days of your first payment, or cancel via the Client Portal. Refunds will be processed within 7 business days of your cancellation request.

Note: The cooling-off period applies to the initial subscription only, not to subsequent monthly renewals.

7. Your Right to Pause Billing

You may pause your subscription billing at any time via the Client Portal. When billing is paused:

• No further monthly charges will be made until you resume.
• Your services may be limited or suspended during the paused period, as ongoing hosting and maintenance require active billing.
• Your data and configurations are preserved throughout the pause.
• You may resume at any time from the portal, and billing will restart immediately.

Pausing is intended for short-term interruptions. Accounts paused for more than 90 days may be reviewed and you may be contacted to confirm your intention to continue or cancel.

8. Your Consumer Rights (CPA)

Under the Consumer Protection Act 68 of 2008, you have the following rights which Nexmotion Technologies is committed to upholding:

• Right to fair value, good quality and safety (CPA Section 54–56). We are obligated to provide services that meet the standards described in our service description. If we fail to meet these standards, you have the right to require us to remedy the failure at no charge.
• Right to plain and understandable language (CPA Section 22). These terms are written in plain language. If anything is unclear, contact us at info@nexmotiontechnologies.co.za and we will explain.
• Right to disclosure of information (CPA Section 23). You are entitled to receive a written copy of this agreement on request. These terms are always available at nexmotiontechnologies.co.za/subscription-terms.html.
• Right to cancel without penalty (CPA Section 14). You may cancel this fixed-term or continuous service agreement without penalty at any time, as described in Section 5 above.
• Right not to be charged for unrequested services. We will never activate services or add charges that you have not explicitly agreed to.
• Right to lodge a complaint. If you are not satisfied with our response to a complaint, you may contact the National Consumer Commission (NCC) at www.thencc.gov.za or call 012 428 7000.

9. Service Level & Uptime

9.1 Uptime commitment. For Web Hosting subscribers, we commit to a 99.9% monthly uptime SLA, which allows for no more than approximately 43 minutes of unplanned downtime per month.

9.2 Scheduled maintenance. Planned maintenance will be communicated by email at least 24 hours in advance and will be scheduled outside peak business hours (06:00–22:00 SAST) where possible.

9.3 Service credits. If we fail to meet the 99.9% uptime SLA in any given month (excluding scheduled maintenance and force majeure events), you may request a pro-rata service credit for the affected period by contacting us within 10 days of the incident.

9.4 Force majeure. We are not liable for downtime caused by events outside our reasonable control, including load shedding, internet infrastructure failures, natural disasters, or third-party hosting provider outages.

10. Your Personal Information (POPIA)

Nexmotion Technologies processes your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

10.1 What we collect. Name, email address, phone number, billing history, and subscription status.

10.2 Why we collect it. To provision and manage your subscription, send service notifications, process payments, and communicate with you about your account.

10.3 Third-party processors. Your payment information is processed by PayFast (subject to their privacy policy). Your account data is stored in Google Firebase (subject to Google's data processing terms). We do not sell your personal information to any third party.

10.4 Your POPIA rights. You have the right to access, correct, and request deletion of your personal information. Contact info@nexmotiontechnologies.co.za to exercise these rights.

For full details, see our Privacy Policy.

11. Acceptable Use

By subscribing, you agree not to use Nexmotion Technologies services to:

• Host, distribute, or transmit illegal content under South African law.
• Engage in activities that violate the rights of any third party.
• Send unsolicited bulk email (spam).
• Attempt to compromise the security or performance of shared hosting infrastructure.
• Impersonate any person or entity, or misrepresent your affiliation.

Violation of this section may result in immediate suspension without prior notice. We will notify you of the suspension and the reason within 24 hours.

12. Changes to These Terms

We may update these terms from time to time. For material changes, we will notify you by email at least 30 days before the changes take effect. The updated terms will also be published on this page.

Continued use of the service after the 30-day notice period constitutes your acceptance of the revised terms. If you do not agree with the changes, you may cancel your subscription before they take effect — no cancellation fee will apply in this case.

13. Governing Law & Disputes

These terms are governed by the laws of the Republic of South Africa. Any dispute arising from this agreement will first be referred to good-faith negotiation. If unresolved, disputes may be submitted to the applicable consumer tribunal or a South African court of competent jurisdiction.

Disputes relating to consumer rights may be referred to the National Consumer Commission at www.thencc.gov.za.

14. Contact Us

Email: info@nexmotiontechnologies.co.za

Phone: +27 68 551 7535

WhatsApp: Chat on WhatsApp

Business hours: Monday–Friday, 08:00–17:00 SAST