PLEASE READ THIS USER AGREEMENT CAREFULLY. BY USING THE NEXUS IT WEBSITE (THE “SITE”) AND THE PAYMENTS PROCESSING METHODS OFFERED BY IT (THE “SERVICE”), YOU (THE “USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.



1. GENERAL

1.1 This end-user agreement may be changed without notice. Your continued use of this Site after any such changes constitutes your acceptance of the new end-user agreement and its terms and conditions.

1.2 This end-user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with NEXUS IT for products, services or otherwise.

1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.

1.4 No failure or delay by NEXUS IT to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end-user agreement or prejudice our right to take subsequent action against the User.

1.5 NEXUS IT cannot screen or edit all the content available from the NEXUS IT site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform NEXUS IT of any content that may be offensive or illegal.


2. PRIVACY POLICY

NEXUS IT believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the User’s needs. Users of this Site should refer to our Privacy Policy for information about how NEXUS IT uses and collects information.


3. COPYRIGHT To obtain permission for the commercial use of any content on this site contact NEXUS IT at nexusitpolokwane@gmail.com.


4. INTELLECTUAL PROPERTY RIGHTS All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to NEXUS IT and as such are protected from infringement by local and international legislation and treaties.


5. LICENSES AND SITE ACCESS

5.1 NEXUS IT grants you a limited license to make use of the Site. Such grant does not include, without limitation: (a) any resale of the Site; (b) the collection and use of any listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of NEXUS IT or any third party.

5.2 You may not use, frame or utilize framing techniques to enclose any NEXUS IT trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without NEXUS IT‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a NEXUS IT name, trademark or product name without NEXUS IT‘s express written consent.


6. LINKING

6.1 You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray NEXUS IT or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time.

6.2 NEXUS IT makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of NEXUS IT unless it is explicitly shown on the site that NEXUS IT owns the site being referred to. NEXUS IT is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites if those sites are not owned by NEXUS IT. The inclusion of any link does not imply affiliation, endorsement or adoption by NEXUS IT of the site or any information contained therein. When leaving the NEXUS IT site, you should be aware that NEXUS IT‘s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.


7. USER CONDUCT

7.1 In using this Site, and any of the services it offers, you agree:

7.1.1 Not to use the website in such a way that is in violation of any applicable law or regulation;

7.1.2 Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

7.1.3 Not to violate, or attempt to violate the security of NEXUS IT. Violations of system or network security may result in civil or criminal liability. NEXUS IT will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

7.1.4 Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites

7.1.5 Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

7.1.6 Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

7.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.


8. INDEMNIFICATION

You hereby indemnify NEXUS IT and undertake to keep NEXUS IT indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NEXUS IT to a third party in settlement of a claim or dispute on the advice of NEXUS IT’s legal advisers) incurred or suffered by NEXUS IT arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.


9. SUBMISSIONS You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to NEXUS IT, or postings on this Site, are non-confidential and shall become the sole property of NEXUS IT. NEXUS IT shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to NEXUS IT irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.


10. EMAIL DISCLAIMER

10.1 The information in all e-mail messages (document and attachments) sent by an employee / electronic agent / a legal member of NEXUS IT is confidential and may be legally privileged. The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete this email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, nor make any copies thereof.

10.2 Internet communications cannot be guaranteed to be secure or error-free. Neither NEXUS IT nor the sender accepts liability for any errors or omissions in the contents of messages which arise as a result of email transmission. If verification is required, please request a hard copy version. Also take note that email can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will NEXUS IT or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

10.3 No employee is authorized to conclude a binding agreement on behalf of NEXUS IT by email without the express written confirmation of the director of NEXUS IT. Nothing contained in said email shall be construed as a legally binding agreement or an offer to contract.


11. CREDIT CARDS

11.1 NEXUS IT facilitates credit card payments through the use of Paypal

11.2 NEXUS IT reserves the right to charge the purchaser, an issuing fee per voucher for issuing and maintaining the voucher details on its systems.

11.3 NEXUS IT is entitled to, at any time, claim back funds from a User which were deemed, or shown to be, the result of a fraudulent transaction. The User gives NEXUS IT the right to debit the funds directly from the users bank account. Should the funds in the users bank account be insufficient, the funds will be debited as soon as they are available either as a whole or in agreed amounts.


12. IMPOSED LIMITS AND DELAYS

NEXUS IT reserves the right to freeze or suspend any account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.


13. PROHIBITED TRANSACTIONS

13.1 You agree that you will not use the Service to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.

13.2 You will not use the Service, the NEXUS IT website or any of the services offered therein for any unlawful or fraudulent activity. If NEXUS IT has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.

13.3 You will cooperate fully with NEXUS IT to investigate any suspected unlawful, fraudulent or improper activity.

13.4 You agree not to impersonate a NEXUS IT User or a NEXUS IT representative, or to request that a NEXUS IT customer provide you with their password or other information to access their account(s).


14. REFUNDS

14.1 NEXUS IT maintains a strict no-refund policy unless explicitly stated otherwise by C-Level staff of NEXUS IT in form of a letter.

14.2 NEXUS IT will not be held responsible for incorrect banking details being provided by the User which may or may not lead to being transferred to the incorrect party. It is the User’s responsibility to ensure the accuracy of the provided banking details.


15. NO SURCHARGES

Under Visa, MasterCard, Diners and American Express regulations, merchants may not charge a fee to the buyer for accepting credit card payments (often called a “surcharge”). NEXUS IT will not impose a surcharge in using the Service provided by NEXUS IT for the acceptance of funds through any means including, but not limited to, the acceptance of credit cards. You agree that this restriction does not prevent NEXUS IT from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through the Service may not be higher than the handling fee for transactions paid through other payment methods).


16. DEPOSITS AND BALANCES

16.1 You acknowledge that if funds were transferred to NEXUS IT without confirmation of receival, you will attempt to contact us regarding your payment. NEXUS IT will endeavor to return these funds to you as soon as possible.

16.2 You acknowledge that if no attempts were made to confirm fund transfer receival with NEXUS IT, or if transfers were made to NEXUS IT without leaving any of your contact details, NEXUS IT Polokwane may refuse to return those funds or to deliver services to you without proof that you have made that payment.


17. SECURITY

17.1 NEXUS IT makes every effort to ensure the security and integrity of your account and we make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you, the user.

17.2 You understand that security still relies heavily on the use of a username and password and undertake to contact us at once if you believe your username and password have been compromised.

17.3 NEXUS IT strongly suggests that you use a web browser with 128-bit encryption or better. However, regardless of whether you use a web browser with security features or not, NEXUS IT is unable to guarantee that data transmitted and is secure and/or will not be intercepted by third parties.

17.4 Phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, NEXUS IT will respond as quickly as possible to alert users to the threat or to mitigate the threat. No guarantee is given as to this action however, and NEXUS IT will not be held liable for any funds lost as a result of a User falling prey to a phishing attack. It is the responsibility of the User to be aware of such potential threats, to avoid them and to report them to NEXUS IT upon discovery.

17.5 NEXUS IT reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain payments a User (as a receiver), or from a User (as a sender), being disallowed.


18. FEES

You understand that NEXUS IT will charge fees for the use of any of the services it provides. These fees are available on the Site and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.


19. DISCLAIMER OF WARRANTIES

19.1 YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

19.2 YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

19.3 YOU ACKNOWLEDGE THAT NEXUS IT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, EXCEPT AS OTHERWISE AGREED IN WRITING, NEXUS IT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

19.4 NEXUS IT DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NEXUS IT DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY NEXUS IT VIA EMAIL OR OTHER MEANS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES NEXUS IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NEXUS IT OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

19.5 NEXUS IT ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NEXUS IT, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.

19.6 NEXUS IT DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

19.7 ALL THE INFORMATION APPEARING ON THIS SITE IS PROVIDED WITHOUT A REPRESENTATION OR WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND NEXUS IT DISCLAIMS ANY LIABILITY TO THE USER IN THIS REGARD.


20. LIMITATION OF LIABILITY

20.1 NEXUS IT has taken reasonable steps as far as is possible, to ensure the accuracy and completeness of the content shown on this site, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this site.

20.2 UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL NEXUS IT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING NEXUS IT OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE NEXUS IT OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NEXUS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.3 NEXUS IT SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY ACTIONS OR TRANSACTIONS BY AN INDIVIDUAL THAT USES YOUR USER NAME AND PASSWORD WITH YOUR CONSENT OR KNOWLEDGE OR ANY CAUSE OVER WHICH NEXUS IT DOES NOT HAVE DIRECT CONTROL, INCLUDING, BUT NOT LIMITED TO, PROBLEMS ATTRIBUTABLE TO COMPUTER HARDWARE OR SOFTWARE (INCLUDING COMPUTER VIRUSES), TELEPHONES (OR OTHER COMMUNICATIONS EQUIPMENT), OR INTERNET SERVICE PROVIDERS.

20.4 NEXUS IT SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH ANY PRODUCT, SERVICE OR OTHERWISE, PURCHASED OR USED AS A RESULT OF THE USE OF THIS SITE. IT IS EXPRESSLY UNDERSTOOD THAT THE USER IS AWARE THAT NEXUS IT PROVIDES A SERVICE TO BRING BUYER AND SELLER OR SERVICE OFFERER AND SERVICE CONSUMER TOGETHER, AND ACCEPTS NO RESPONSIBILITY FOR THE QUALITY, RELIABILITY, SAFETY, FUNCTION, SUITABILITY OR OTHERWISE, OF A PRODUCT PURCHASED, SERVICE USED, OR OTHERWISE, AS A RESULT OF THE USE OF THIS SITE.

20.5 NEXUS IT shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.

20.6 In no event shall NEXUS IT be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

20.7 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions, liability is limited to the fullest extent permitted by law.


21. USER’S LIABILITY TO NEXUS IT

In the event that NEXUS IT takes action against you for breach of these terms of use, you agree to reimburse NEXUS IT for all legal costs, including tracing fees and collection commission, on a scale as between attorney and own client.


22. APPLICABLE LAW

The terms and conditions pertaining to any products or services appearing on this site or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Use of the service offered on this site or pages will constitute the users consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to this site or such products or services.


23. TERMINATION

Notwithstanding any of these terms and conditions, NEXUS IT reserves the right, without notice and in its sole discretion, to terminate your website license, and to block or prevent future access to and use of this the website.


24. SEVERABILITY

If any provision of this end user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.


25. TERMS

25.1 The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this website for any reason.

25.2 The terms “we” and “NEXUS IT” are used interchangeably and refer to NEXUS IT itself and all individuals and/or entities acting directly on behalf of NEXUS IT.



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