Terms & Conditions

These Terms and Conditions ("Terms") govern access to and use of the NHAKA IT (Pty) Ltd website, applications, digital platforms, software, products, and services. By accessing or using this website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of this website.

For the purposes of these Terms:

You warrant that:

Descriptions of services on this Website are provided for general information only.

The Company reserves the right to:

Nothing on this Website constitutes a legally binding offer until accepted by the Company.

Unless otherwise stated in writing:

Clients agree to:

Delays caused by the client may extend delivery timelines.

Invoices are payable in accordance with the payment terms specified on the invoice or applicable agreement.

Late payments may result in:

Ownership of work delivered remains with the Company until payment has been received in full unless otherwise agreed in writing.

Unless expressly agreed otherwise: All software, source code, documentation, graphics, databases, processes, methodologies, systems, templates, trademarks, logos, designs and proprietary materials remain the exclusive property of NHAKA IT (Pty) Ltd.

Clients receive only those rights expressly granted in writing.

No licence is granted by implication.

Clients retain ownership of content they provide.

The client warrants that they possess all necessary rights and licences relating to submitted content.

The Company shall not be liable for infringement resulting from client-supplied materials.

Users may not:

Users agree not to use Company services for:

The Company aims to maintain uninterrupted availability.

However, the Website and Services are provided on an "as available" and "as is" basis.

Downtime may occur due to:

Availability is not guaranteed unless expressly provided under a separate Service Level Agreement.

Services may integrate with third-party providers including:

The Company is not responsible for third-party products or services beyond its reasonable control.

While reasonable security measures are implemented, users acknowledge that:

The Website and Services are provided without warranties of any kind except where required by law.

The Company does not warrant that:

Information on the Website is provided for general informational purposes only.

To the fullest extent permitted by South African law:

NHAKA IT (Pty) Ltd, its directors, shareholders, employees, contractors, consultants and affiliates shall not be liable for any indirect, incidental, consequential, special, punitive or economic loss or damages arising from or relating to:

Where liability cannot lawfully be excluded, the Company's aggregate liability shall be limited to the amount paid by the client for the specific services giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded under South African law.

The User agrees to indemnify, defend and hold harmless NHAKA IT (Pty) Ltd, its directors, employees, consultants and agents against all claims, losses, damages, liabilities, legal costs and expenses arising from:

Where confidential information is exchanged during the provision of services, each party agrees to protect such information and not disclose it except where required by law or authorised in writing.

Personal Information is processed in accordance with the Company's Privacy Policy and applicable South African data protection legislation.

The Company reserves the right to suspend or terminate access to the Website or Services without prior notice where a User:

Termination shall not affect accrued rights or obligations.

The Company shall not be liable for failure or delay caused by events beyond its reasonable control, including but not limited to:

The Company may amend these Terms at any time.

Updated Terms become effective upon publication on the Website.

Continued use of the Website constitutes acceptance of the amended Terms.

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

The parties consent to the exclusive jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising from these Terms.

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy and any written service agreement entered into between the Company and the client, constitute the entire agreement relating to use of the Website and Services.

For legal notices, enquiries or complaints relating to these Terms, please contact the Company using the details above.