Terms & Conditions

Last updated: January 2026

These Terms and Conditions ("Terms") govern your use of the website nexcommerce.co.za and the services provided by NexCommerce - Digital ("we", "us", "our"), a business based in Cape Town, South Africa.

By engaging our services or using our website, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Services

NexCommerce - Digital provides Shopify ecommerce development services including, but not limited to:

• Shopify store builds and setup
• Custom Shopify theme development
• Platform migration to Shopify
• Conversion rate optimisation (CRO)
• Monthly retainer and support services
• Branding, logo design, and visual identity
• Analytics setup and ecommerce consulting

The specific scope of services for each engagement will be defined in a written proposal or service agreement signed by both parties prior to commencement of work.

2. Proposals & Agreements

All projects begin with a written proposal or service agreement outlining the scope, deliverables, timeline, and pricing. No work will commence until the proposal has been accepted in writing and any required deposit has been received.

Any changes to the agreed scope must be requested in writing and may result in revised pricing and timelines. NexCommerce - Digital reserves the right to decline scope changes that are not reasonable or feasible within the current agreement.

3. Pricing & Payment

3.1 Fees

All pricing is quoted in South African Rand (ZAR) unless otherwise stated. Prices are exclusive of VAT where applicable. Quoted prices are valid for 30 days from the date of issue.

3.2 Payment Terms

Standard payment terms are as follows unless otherwise agreed in writing:

• A deposit (typically 50%) is required before work commences
• The remaining balance is due upon project completion, prior to final delivery or launch
• Monthly retainer fees are invoiced at the start of each month and due within 7 days

Late payments may result in suspension of work or services until the outstanding balance is settled.

3.3 Payment Plans

Flexible payment arrangements may be available for qualifying clients. All payment plans are subject to prior approval and must be formalised in a separate written agreement. The following conditions apply to all payment plans:

• A payment plan agreement must be signed before any work commences
• The agreed payment schedule must be strictly adhered to
• Full ownership of all deliverables, including the Shopify store, theme files, and associated assets, transfers to the client only upon receipt of the final payment
• NexCommerce - Digital reserves the right to suspend or restrict access to any deliverables in the event of a missed payment
• Failure to complete payments as agreed may result in cancellation of the agreement and forfeiture of work completed to date

4. Ownership & Intellectual Property

4.1 Client-Owned Assets

Upon full payment of all outstanding fees, the client will own all custom deliverables produced specifically for their project, including custom theme files, design assets, and store configurations.

4.2 Third-Party Assets

Any third-party software, fonts, plugins, stock imagery, or Shopify apps incorporated into a project remain subject to their respective licences. It is the client's responsibility to maintain any required licences or subscriptions after project completion.

4.3 Portfolio Rights

NexCommerce - Digital reserves the right to display completed work in our portfolio and marketing materials, unless the client has explicitly requested confidentiality in writing.

5. Client Responsibilities

The client agrees to:

• Provide all required content, credentials, and materials in a timely manner
• Review and provide feedback within the timeframes agreed in the project schedule
• Ensure that any content or materials provided do not infringe third-party rights
• Maintain appropriate Shopify subscription and app licences after launch

Delays caused by the client may impact project timelines and deadlines. NexCommerce - Digital will not be held responsible for delays resulting from client inaction.

6. Revisions

Each package includes a specified number of revision rounds as outlined in the project proposal. Revisions are understood to be reasonable adjustments within the original agreed scope. Requests that constitute new features or scope changes will be quoted and invoiced separately.

7. Cancellation

If a client cancels a project after commencement, any deposit paid is non-refundable. If work beyond the deposit value has been completed, the client will be invoiced for work completed to the point of cancellation. NexCommerce - Digital reserves the right to terminate an engagement if payment obligations are not met or if the client acts in breach of these Terms.

8. Limitation of Liability

NexCommerce - Digital shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services or any deliverables provided, including but not limited to loss of revenue, loss of data, or business interruption.

Our total liability to you for any claim arising from the provision of services shall not exceed the total fees paid to us for the specific project giving rise to the claim.

9. Warranties & Disclaimers

We will perform our services with reasonable care and skill. However, we do not guarantee specific business outcomes, conversion rates, traffic levels, or search engine rankings resulting from our work.

Shopify stores are hosted on Shopify's platform. Any downtime, data loss, or platform changes are the responsibility of Shopify and are outside our control.

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This obligation survives termination of the agreement.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms or the provision of our services shall be subject to the jurisdiction of the South African courts.

12. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised date. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

13. Contact

For questions regarding these Terms, please contact us via our contact page.

NexCommerce - Digital
Cape Town, South Africa
nexcommerce.co.za