Niport (Pty) Ltd – Terms & Conditions
Effective Date: 2 December 2025
These Terms and Conditions govern all services provided by Niport (Pty) Ltd (“Niport”). By engaging Niport, placing an order, making payment, or using any Niport service, the Client agrees to be bound by this Agreement.
- Definitions
“Agreement” means this Terms and Conditions document together with all proposals, schedules, addenda, or supplementary agreements.
“Client” means any individual or entity purchasing or using services from Niport.
“Services” means any service provided by Niport, including hosting, web design, domain services, maintenance, digital marketing, or any other offering.
“Deliverables” means the work product or services delivered to the Client under this Agreement.
“Content” means all materials, data, files, graphics, images, text, code, and any other information stored or processed.
“Ongoing Management” means the continued operation, maintenance, updates, patches, backups, and general upkeep of hosted services.
“Termination” means the cessation of services and closing of an account by either party.
- Services Provided
Niport offers professional web and hosting services, including but not limited to:
- Web design and development
- Hosting services
- Domain registration and renewals
- Maintenance and updates
- Online advertising management
- Social media marketing
- Search engine optimisation
- Graphic design
The specific services applicable to each Client are defined in the service package agreement or proposal.
- Authorisation
The Client authorises Niport to perform the services required under this Agreement, including but not limited to:
- Registering or managing domains
- Accessing hosting accounts and servers
- Creating and managing databases, applications, or email services
- Submitting websites to search engines
- Agreement Scope
4.1 Services provided are limited to those included in the Client’s package.
4.2 Unused components of a package are non-refundable.
4.3 Any work outside the agreed scope requires a separate quote and agreement.
- Costs and Fees
5.1 Additional services not included in the package will be quoted separately.
5.2 External costs (e.g., licensing, photography, courier fees) are excluded unless stated otherwise.
5.3 The Client will be informed of all additional costs before commencement.
- Production Schedules
6.1 Niport and the Client will mutually agree on timelines.
6.2 Delays caused by the Client may result in adjusted delivery dates and/or additional fees.
- Payment Terms
7.1 All invoices are payable within the timeframe stated on the invoice.
7.2 Services are billed in advance unless otherwise agreed.
7.3 Non-payment gives Niport the right to:
- Withdraw or disable access to services
- Suspend account functionality
- Withhold deliverables
- Retain work or materials as security
7.4 The Client is responsible for all legal, collection, or recovery costs arising from default in payment.
7.5 Projects cancelled by the Client require 30 days’ notice and one full additional monthly payment.
- Confidentiality
Niport will maintain confidentiality of all Client information except where required by law or where information becomes public through no fault of Niport.
- Outsourcing
Niport may subcontract or outsource specific tasks while ensuring that subcontractors comply with this Agreement.
- Promotion
Niport may use the Client’s website, graphics, or unused concepts for promotional purposes, including portfolio display and design competitions.
- Copyright and Intellectual Property
11.1 The Client is responsible for securing all copyrights or licenses for content they provide.
11.2 The Client indemnifies Niport against claims arising from unauthorised use of third-party materials.
- Ownership of Work
12.1 Niport retains ownership of all source files, databases, and back-end systems unless otherwise agreed.
12.2 Control panel, FTP, or database access may be restricted unless explicitly included in the agreement.
- Open Source Software
13.1 Niport may use open-source software.
13.2 Niport cannot grant rights beyond the original open-source license.
- Force Majeure
Niport is not liable for delays or failure to perform due to events beyond its control, including natural disasters, legal restrictions, illness, or infrastructure failures.
- Limitation of Liability
15.1 All services are provided “as is.”
15.2 Niport’s maximum liability is limited to the fees paid for the specific service.
15.3 Niport is not liable for:
- Lost data
- Lost profits
- Business interruption
- Indirect or consequential damages
- Termination and Cancellation
16.1 Niport may terminate the Agreement immediately with written notice.
16.2 The Client may terminate with 30 days’ written notice and remains liable for payment during this period.
16.3 After termination, all Client data is deleted after 30 days unless otherwise stated in Section 17.
- Hosting Services
17.1 Hosting packages are billed monthly.
17.2 Over-usage of disk space or bandwidth will incur additional fees.
17.3 If the Client uses third-party hosting, Niport charges for additional liaison or support time.
- Browser Variance and Colour Display
Niport tests websites on commonly used browsers. Display variations may occur across different devices and monitors.
- Testing and Acceptance
Niport will notify the Client when work is complete and provide an opportunity for testing.
- Client Responsibilities
20.1 The Client must not modify infrastructure, source files, or hosting settings without authorisation.
20.2 Repairing damage caused by unauthorised modifications is billable.
- Errors and Omissions
Niport is not liable for errors or omissions that remain after Client approval. The Client indemnifies Niport against resulting losses.
- Maintenance and Updates
Maintenance requests will be attended to within 72 working hours unless otherwise specified.
- Content, Images, and Branding
23.1 Text must be provided in editable digital format.
23.2 Images must be supplied in acceptable formats and sizes.
23.3 Branding must be supplied in vector format.
- Fraud or Scam Activity
Niport may suspend services immediately if the Client is suspected of fraudulent or illegal activity.
- Non-Payment, Suspension, Termination & Data Retention Policy
25.1 Payment Requirements
All hosting services require full payment in advance.
25.2 Suspension for Non-Payment
Accounts overdue after the invoice due date may be suspended without notice.
25.3 Termination for Long-Term Non-Payment
If an account remains unpaid for more than 90 days, Niport may terminate all services.
25.4 Data Retention After Termination
All Client data will be retained for 30 calendar days from the termination date.
After this period, all data will be permanently deleted and cannot be restored.
25.5 Server Resource Protection
Niport reserves the right to remove inactive or unpaid data to manage costs and protect infrastructure.
25.6 Reinstatement
Reinstatement of terminated accounts is not guaranteed.
If possible, it will require:
- Full settlement of outstanding invoices
- Payment of reinstatement fees
- Assessment of available hosting resources
25.7 New Services Post-Deletion
If data has been deleted, the Client must sign up for a new hosting package at current pricing.
- Domain Names
Domains are owned by the Client. Niport manages domains unless the Client opts out in writing. Niport is not an accredited ZA Registry operator and acts via third-party registrars.
- Governing Law
This Agreement is governed by the laws of the Republic of South Africa.
- Acceptance of Terms
By using Niport’s services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.
