Terms of Service

1. Agreement to Terms

By accessing or using Nubilix services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

2. Services Description

Nubilix provides web development services including but not limited to:

• Business website design and development
• E-commerce online store development
• Custom web application development
• Mobile application development
• Website maintenance and support services

3. Project Engagement

3.1 Quotes and Proposals

All project quotes are estimates based on the information provided by the client. Final pricing will be confirmed in a written agreement before work commences. Quotes are valid for 30 days unless otherwise stated.

3.2 Payment Terms

• A 50% deposit is required before project commencement
• The remaining 50% is due upon project completion and before final delivery
• For projects exceeding R50,000, payment may be structured in milestones as agreed in writing
• Payments are due within 7 days of invoice date unless otherwise agreed
• Late payments may incur interest charges of 2% per month

3.3 Project Timeline

Project timelines are estimates and depend on timely client feedback and content provision. Delays caused by client unavailability or late content delivery may extend the project timeline. We will notify clients of any anticipated delays as soon as possible.

4. Client Responsibilities

Clients agree to:

• Provide all necessary content, images, and information in a timely manner
• Respond to requests for feedback within 5 business days
• Ensure all provided content does not infringe on third-party rights
• Have proper authority to enter into this agreement on behalf of their business
• Provide accurate contact and billing information

5. Intellectual Property

5.1 Client Ownership

Upon full payment, the client owns the final delivered website code and custom design elements created specifically for their project. This includes custom graphics, layouts, and written content created by Nubilix.

5.2 Nubilix Ownership

Nubilix retains ownership of:

• Pre-existing code, frameworks, and development tools
• Reusable code components and templates
• Our methodologies, processes, and business practices
• The right to showcase the project in our portfolio unless agreed otherwise

5.3 Third-Party Assets

Third-party libraries, frameworks, fonts, and stock images remain the property of their respective owners and are subject to their individual licenses. Clients are responsible for obtaining proper licenses for any stock images or fonts they wish to use.

6. Revisions and Changes

Each project includes a specified number of revision rounds as outlined in the project proposal (typically 2-3 rounds). Significant changes to project scope after approval may result in additional charges and timeline extensions. We will provide written notice of any scope changes and associated costs before proceeding.

7. Support and Maintenance

All projects include 30 days of post-launch support for bug fixes and technical issues. This does not include content updates, new features, or changes to functionality. Ongoing maintenance and support packages are available separately.

8. Warranties and Disclaimers

8.1 Our Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Websites will be tested across major modern browsers and devices before delivery.

8.2 Disclaimer

Except as expressly stated above, services are provided "as is" without warranties of any kind. We do not warrant that websites will be error-free, uninterrupted, or meet specific performance metrics. We are not responsible for third-party service outages, hosting issues, or factors beyond our control.

9. Limitation of Liability

Nubilix's total liability for any claims arising from services shall not exceed the total amount paid by the client for the specific project in question. We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, lost revenue, or lost business opportunities.

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the project. This includes business strategies, technical specifications, and any information marked as confidential. This obligation continues for 2 years after project completion.

11. Termination

11.1 By Client

Clients may terminate a project with 14 days written notice. Clients remain responsible for payment of all work completed up to the termination date, including a reasonable wind-down fee (typically 10% of remaining project value).

11.2 By Nubilix

We may terminate a project if: (a) client fails to pay invoices within 30 days, (b) client fails to provide necessary materials after repeated requests, or (c) client breaches these Terms. Paid deposits for incomplete work will be refunded on a pro-rata basis.

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including but not limited to acts of God, war, terrorism, pandemic, strikes, telecommunications failures, or government restrictions.

13. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through mediation before pursuing legal action. These Terms shall be governed by the laws of South Africa.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our Services after changes constitutes acceptance of the modified Terms. Active projects will continue under the Terms in effect when the project was initiated.

15. Contact Information

For questions about these Terms, please contact us at: