Agreement
These Terms and Conditions govern access to and use of the NexaMail website, account area and email communication platform. By creating an account, selecting a plan or using the service, you agree to these terms on behalf of yourself and, where applicable, the organisation you represent.
If you do not agree, do not use the service. If you accept these terms for an organisation, you confirm that you have authority to bind that organisation.
Plain-language summary: NexaMail provides the sending and audience tools. You remain responsible for your recipients, content, permissions and lawful use of email. These terms should be read together with our Privacy Policy and the plan details shown when you subscribe.
Accounts and service
Who may use NexaMail
You must be at least 18 years old and legally able to enter into this agreement. You must provide accurate account information and keep it current.
Account security
You are responsible for activity under your account, protecting passwords and access credentials, and giving access only to authorised users. Tell us promptly at support@nexamail.co.za if you suspect unauthorised access.
What the service provides
NexaMail provides tools for audience management, customer updates, operational notices, newsletters, campaigns, automation, delivery reporting and related email communication. Features, limits and support levels depend on your selected plan.
Responsible use
Permission and POPIA responsibilities
You must have a valid legal basis to collect, upload and use every recipient’s personal information. You are responsible for complying with POPIA, the Electronic Communications and Transactions Act, the Consumer Protection Act and any other law that applies to your communication.
Where required, your messages must identify the sender, avoid misleading subject lines, include a working unsubscribe option and honour opt-out requests promptly. Purchased, scraped, harvested or unlawfully obtained lists may not be used.
Prohibited conduct
You may not use NexaMail to:
- send spam or messages to recipients who have not lawfully agreed or cannot reasonably expect to receive them;
- distribute malware, phishing attempts, fraudulent offers or deceptive content;
- harass, threaten, discriminate against or unlawfully profile any person;
- infringe privacy, intellectual property or other rights;
- interfere with the platform, bypass plan limits, probe security or access another user’s account;
- send content or promote activity that is unlawful in South Africa or in a recipient’s jurisdiction; or
- use the service in a way that damages sending infrastructure or the reputation of NexaMail or other customers.
We may investigate suspected misuse, require corrective action, throttle sending or suspend access where reasonably necessary to protect recipients, infrastructure or legal compliance.
Plans and payment
Plan pricing, sending allowances, contact limits and included features are shown on our pricing page or in a written quotation. Prices are stated in South African rand unless we say otherwise. Any applicable taxes will be shown or added as required.
Paid plans are billed on the cycle selected at checkout or in the agreed quotation. You authorise us and our payment provider to collect amounts when due. You must keep billing information current. If payment fails or remains overdue, we may limit or suspend the service after reasonable notice.
Unless a written offer says otherwise, plans run month to month and may be cancelled before the next renewal. Fees already charged are not refundable for a partly used billing period, except where required by law or expressly agreed by NexaMail.
We may change prices or plan structures. We will give reasonable advance notice of a change that affects an existing paid subscription, and the revised price will apply from a future renewal date.
Data and intellectual property
Your data and content
You retain ownership of the contact data, templates, trademarks and campaign content you submit. You grant NexaMail the limited permission required to host, copy, transmit and otherwise process that material solely to provide, secure and support the service.
You confirm that you have the rights and permissions needed for all content and personal information you upload. You are responsible for the accuracy, legality and backup of your content and lists.
NexaMail’s platform
NexaMail and its licensors retain all rights in the platform, website, software, designs, documentation, branding and related intellectual property. Your subscription gives you a limited, non-exclusive, non-transferable right to use the service during the subscription period. It does not transfer ownership or permit you to copy, resell, reverse engineer or create a competing service from our technology.
Privacy and confidentiality
Our handling of personal information is described in the Privacy Policy. Each party should use reasonable care to protect confidential information received from the other and use it only for the service relationship, unless disclosure is required by law.
Service availability
We work to provide a reliable service, but email delivery depends on networks, mailbox providers, recipient systems, list quality, sender reputation and factors outside our control. We do not guarantee uninterrupted access, delivery to every recipient, inbox placement or any particular campaign result.
We may perform maintenance, update features or change technical requirements to improve security and reliability. Where practical, we will give notice of planned work that may materially interrupt the service.
The service is provided on an “as available” basis to the extent permitted by law. Nothing in these terms excludes rights or remedies that cannot lawfully be excluded under South African consumer law.
Limitation of liability
To the extent permitted by law, NexaMail is not liable for indirect, incidental or consequential loss, loss of profit, loss of opportunity, reputational harm or loss arising from unauthorised customer content, recipient lists, third-party services or factors outside our reasonable control. Our total liability arising from the service will not exceed the fees paid by you to NexaMail for the affected service during the three months before the event giving rise to the claim.
Ending the agreement
You may stop using the service and cancel a subscription in accordance with your plan. You should export information you need before the account closes.
We may suspend or terminate an account for material breach, unlawful or abusive sending, a security threat, persistent non-payment or conduct that creates a significant risk to recipients or the platform. Where appropriate, we will first give notice and a reasonable opportunity to correct the issue. Immediate action may be taken for urgent legal, security or abuse risks.
After termination, your right to use the platform ends. Provisions that by their nature should continue—including payment obligations, intellectual property, confidentiality and limitations of liability—remain in effect.
Governing law and changes
These terms are governed by the laws of the Republic of South Africa. The parties will first try in good faith to resolve a dispute through direct discussion before pursuing formal remedies in a court with jurisdiction.
We may update these terms to reflect legal, security, operational or service changes. The latest revision date appears at the top. We will provide reasonable notice of a material change, and continued use after the effective date constitutes acceptance of the revised terms.
Contact us
Questions about these terms can be sent to info@nexamail.co.za. You may also write to NexaMail at 66 Albert Road, Woodstock, Cape Town, South Africa.