These terms apply to the free website offered through the NexysWeb campaign. By ticking "I accept" in the NexysWeb questionnaire, you agree to them on behalf of your business.
1. Who we are
NexysWeb is a campaign run by Nexys (Pty) Ltd trading as NexysCloud ("NexysCloud", "we", "us"), registration number 2024/316570/07. "You" means the business that claims the website, and the person who ticks "I accept" for it.
2. What is free
2.1 We design, build and set up one website for your business at no charge.
2.2 Your website is designed from the answers you give in the NexysWeb questionnaire and on our call with you.
2.3 It has up to 5 pages, including the home page.
2.4 One free website per business.
2.5 We may decline a claim, or close the campaign, before work on your website starts. We will tell you if we do.
3. What is included
- A professionally designed website with up to the number of pages in clause 2.3, branded for your business.
- Set-up on your own domain (see clause 5.2).
- An enquiry form that sends enquiries from your website to your email address.
- A WhatsApp button that uses your existing WhatsApp number, if you have one.
- A design that works on phones, tablets and computers.
Anything not listed here is not included. We can quote for extras separately, and you are free to say no.
4. Your information and content
4.1 Everything you give us must be true and not misleading.
4.2 You must have the right to use every logo, photo, review, name and piece of text you give us. You are responsible for that content, and you agree to cover any loss we suffer if someone claims we had no right to use it.
4.3 We will not make up reviews, numbers, awards or other facts about your business. If something is missing, we leave it out or ask you for it.
5. What you are responsible for
5.1 Accurate answers and quick replies. Your website depends on your answers and on you replying to our questions.
5.2 Your domain. You register and pay for your domain (about R150 a year through any South African registrar) in your own name. You own it and you are responsible for renewing it. You give us access to its settings, or make the changes we ask for, so we can connect your website to it.
5.3 Hosting. We host your website on our website platform as part of the care plan (clause 8), so you do not need to buy hosting anywhere else. Your website stays live while your care plan is active and paid.
5.4 Email. Email is not part of this service. Business email addresses, mailboxes and mail servers are provided and supported by your domain provider or your email provider. NexysCloud does not set up, host, support or troubleshoot email. When we connect your domain to your website, we change only the domain records the website needs and leave your email records as they are.
6. Redesign and changes
6.1 One redesign, within 7 days. You may ask for one redesign of your website within 7 days after we first send you the finished website. A redesign is a change to the overall look or layout. After those 7 days, or once the one redesign has been used, no further redesigns are included.
6.2 One small change a month. While your care plan is active, you may ask for one small change per calendar month. A small change updates something that is already on the website: for example text, a phone number, opening hours, a price, or swapping a photo. New pages, new sections, new features and changes to the design or layout are not small changes, and are not included. Unused monthly changes do not carry over.
6.3 Anything beyond clauses 6.1 and 6.2 is quoted separately and done only if you accept the quote.
7. Timing
Your website goes live within 48 hours after your domain is registered, provided we have everything we need from you: your answers, your logo and photos (if you are supplying them), and access to your domain settings. Delays caused by missing information or by third parties, such as your domain provider, are outside our control.
8. Care plan
8.1 The care plan costs R199 per month. No VAT is added. It starts when your website goes live. At the start of each month we email you an invoice for R199, which you pay by card through our payment provider (currently Paystack) using the link on the invoice, by the due date shown on it.
8.2 The care plan covers:
- hosting your website on our website platform, so it stays live;
- keeping it secure and up to date through the platform's own security and software updates;
- the one small change a month in clause 6.2.
8.3 You may cancel the care plan with 30 days' written notice to [email protected]. Your website stays live until the notice period ends, and we take it offline then. We stop sending care plan invoices from the end of the notice period.
8.4 If an invoice is not paid by its due date, we will tell you. If it is still unpaid 14 days after the due date, we may take your website offline until it is paid. While an invoice is unpaid, the monthly small change is paused.
8.5 Whatever happens to the care plan, your domain and your content stay yours (clause 10.1).
9. What we do not promise
We do not promise search engine rankings, website traffic, enquiries or sales.
Our website platform is run by a third-party provider. If your website goes down, we will work to restore it as soon as we reasonably can, but we do not promise it will never be unavailable. We are not responsible for services run by others, such as your domain provider or email provider, being available or working correctly.
10. Ownership
10.1 Your domain, and the words, logo, photos and other content you give us, remain yours. If you leave, you take them with you.
10.2 The website we build is hosted on our website platform. You may use it for your business while your care plan is active. When the care plan ends, the website is taken offline and we do not hand over the website itself or its files.
11. Other NexysCloud services
The free website does not depend on buying anything else. We tell you about our other services, such as a business phone system or call answering, only if you ticked that you would like to hear about them. You can say no at any time.
12. Your personal information (POPI)
We use the information you give us to design, build and support your website and to contact you about it. We protect it under the Protection of Personal Information Act (POPI). Our privacy and POPI notice is at nexyscloud.com/compliance. You may ask to see, correct or delete your information by writing to [email protected].
13. Liability
To the extent the law allows, we are not liable for indirect or consequential loss, including loss of business, income or data. Our total liability to you is limited to the care plan fees you paid us in the 3 months before the claim. Nothing in these terms takes away rights you have under the Consumer Protection Act where it applies to you.
14. Ending this agreement
Either of us may end this agreement by giving 30 days' written notice. We may end it immediately if your website content is unlawful, misleading or infringes someone else's rights, or if a care plan invoice is still unpaid after the period in clause 8.4.
15. Changes to these terms
We may update these terms. We will tell you before a change affects you. A redesign or change already done is not affected.
16. Law and contact
These terms are governed by the law of the Republic of South Africa.
Nexys (Pty) Ltd trading as NexysCloud
[email protected] | 010 110 7100 | Gauteng, South Africa
