Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you confirm that:

• You have read and understand these Terms
• You agree to be bound by these Terms
• You are at least 18 years old and have the legal capacity to enter into a binding agreement
• If you are using the Services on behalf of a company or organization, you have the authority to bind that entity to these Terms

2. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a new "Last Updated" date. Your continued use of the Services after any changes to the Terms constitutes your acceptance of the revised Terms. We recommend that you review these Terms periodically.

Material changes to these Terms will be communicated to users via email or a prominent notice on our website before the changes become effective.

3. Account Registration and Security

To access certain features of our Services, you may need to create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and notify us immediately of any unauthorized access to your account
• Take responsibility for all activities that occur under your account

We reserve the right to disable your account if we believe you have violated these Terms or if your account has been compromised.

4. Products and Services

4.1 Product Information

We strive to provide accurate descriptions, pricing, and images of our products. However, we do not warrant that product descriptions, pricing, or other content on our website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

4.2 Service Delivery

We will use reasonable efforts to deliver the IT services described in our service agreements or as agreed upon in writing. Service delivery times are estimates only and not guaranteed. We are not responsible for delays caused by factors outside our control.

4.3 IT Support Services

For IT support services, we will make reasonable efforts to diagnose and resolve issues as quickly as possible. However, we cannot guarantee that all issues can be resolved, or that our solutions will be error-free.

5. Orders and Payments

5.1 Order Acceptance

All orders placed through our website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud and verification team.

5.2 Pricing and Payment

All prices are quoted in South African Rand (ZAR) and are inclusive of Value Added Tax (VAT) unless otherwise stated. Payment can be made through the accepted payment methods displayed on our website. By providing payment information, you represent and warrant that you are authorized to use the payment method.

5.3 Secure Payment Processing

Payment processing is handled by PayFast, a trusted third-party payment processor. By making a purchase, you agree to PayFast's terms and conditions and privacy policy. We do not store your full payment card details.

5.4 Invoicing and Payment for Services

For ongoing IT services, we will invoice you according to the agreed schedule. Payment terms are strictly 14 days from the invoice date unless otherwise agreed in writing. Late payments may result in suspension of services and interest charges.

6. Shipping and Delivery

6.1 Delivery Options

We offer various shipping options as described during the checkout process. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers or customs.

6.2 Risk of Loss

The risk of loss and title for products purchased passes to you upon delivery of the product to the shipping carrier. We are not responsible for lost or damaged products once they have been shipped.

6.3 Shipping Restrictions

We primarily ship to locations within South Africa and select neighboring countries. Additional shipping restrictions may apply to certain products.

7. Returns and Refunds

7.1 Return Policy

Products may be returned within 14 days of delivery if they are in their original condition and packaging. To initiate a return, contact our customer service team for a Return Material Authorization (RMA) number. Returns without an RMA number will not be accepted.

7.2 Refund Process

Once we receive and inspect the returned product, we will process your refund. Refunds will be issued to the original payment method unless otherwise agreed. Original shipping charges are non-refundable.

7.3 Damaged or Defective Products

If you receive a damaged or defective product, please contact us within 48 hours of delivery. We will arrange for a replacement or refund, depending on product availability.

7.4 Service Cancellations

Cancellation of IT services must be made in writing according to the terms of your service agreement. Refunds for prepaid services will be issued on a pro-rata basis, minus any setup or non-refundable fees.

8. Warranties and Disclaimers

8.1 Product Warranties

Hardware products sold by Nakong IT Solutions come with the manufacturer's warranty. We do not provide additional warranties unless specified at the time of purchase.

8.2 Service Warranties

We warrant that our IT services will be performed with reasonable skill and care. Our liability for breach of this warranty is limited to re-performance of the service or a refund of the service fee.

8.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.4 Data Loss

We are not responsible for any loss of data. It is your responsibility to maintain appropriate backups of your data before we perform any services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NAKONG IT SOLUTIONS, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO NAKONG IT SOLUTIONS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nakong IT Solutions, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any rights of a third party
• Your misuse of the Services
• Your breach of any applicable law or regulation

11. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, code, and audiovisual material, is the property of Nakong IT Solutions or its licensors and is protected by South African and international copyright and trademark laws.

You may not reproduce, modify, distribute, display, or create derivative works of our content without our express written permission. The Nakong IT Solutions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nakong IT Solutions or its affiliates or licensors. You may not use such marks without our prior written permission.

12. User Conduct

When using our Services, you agree not to:

• Violate any applicable law or regulation
• Infringe the rights of any third party
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our Services
• Use our Services for any illegal or unauthorized purpose
• Engage in any activity that may harm our reputation or business

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from these Terms shall be resolved exclusively in the courts of South Africa.

Before initiating any legal action, you agree to attempt to resolve the dispute informally by contacting us. If the dispute cannot be resolved informally, either party may initiate formal proceedings.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter into with us, constitute the entire agreement between you and Nakong IT Solutions regarding the Services, superseding any prior agreements between you and Nakong IT Solutions.

16. Contact Information

If you have any questions about these Terms, please contact us:

• By email: info@nakongsolutions.co.za
• By phone: +27 81 389 1562
• By mail: 863 Yellowwood Boulevard, Riversands