1About these terms
In these terms, “we” and “Nexa Digital” mean Giselle Brands EA Ltd, trading as Nexa Digital, and “you” means the client. Your accepted quote or proposal and these terms together form our agreement. If they conflict, the signed proposal or contract applies.
2Quotes and proposals
Every project begins with a written quote or proposal setting out the scope, deliverables, timeline and price. Quotes are valid for 30 days. Prices are in Tanzanian shillings unless the quote says otherwise, and exclude VAT and third-party costs unless stated.
3Starting a project
A project starts once you accept the quote in writing (email is enough) and we receive the deposit. We then confirm the schedule and who will work on it. For larger projects we may also sign a separate contract or data processing agreement.
4Payment
- A deposit of 50% of the project fee is due before work starts.
- The balance is due before launch or handover. Larger projects can be split into milestone payments set out in the quote.
- Invoices are payable within 14 days by bank transfer or mobile money.
- If a payment is more than 14 days late, we may pause work until it is paid, and the timeline moves by the length of the pause.
- Support plans and hosting are billed in advance, monthly or yearly.
5Scope and changes
We build what the quote describes. Requests outside it, such as new features, pages or integrations, are change requests. We will tell you the cost and the effect on the timeline in writing, and do the work only after you approve it.
6Your part
To keep the project on time, you agree to:
- provide the content, branding, data and access we need, on time
- name one person who can give feedback and approve work
- review and reply to work within 7 working days
- make sure you have the right to use any content, images or data you give us
Delays on your side move the timeline accordingly. If a project is on hold for more than 60 days while we wait for you, we may invoice the work completed so far.
7Design reviews and revisions
Each design stage includes two rounds of revisions. Extra rounds, or changes to approved designs after development has started, are charged at our standard rate.
8Testing and acceptance
Before launch we deliver the work to a staging site for your review. You have 7 working days to test it and report defects, and we fix anything that doesn't match the agreed scope at no cost. If we don't hear from you within that time, or once the work goes live, it counts as accepted.
9Warranty
For 60 days after launch we fix, free of charge, any defect in the code we wrote that stops it working as agreed. This does not cover problems caused by changes made by others, third-party services, hosting outside our control, or new requests.
10Hosting, domains and third-party services
Domains are registered in your name. Hosting, SMS, payment gateways, app store accounts and other third-party services are billed at cost or as quoted, and are governed by those providers' own terms. We are not responsible for outages or changes made by third-party providers, but we will help you deal with them.
11Support and maintenance
After the warranty period you can choose a monthly support plan covering updates, security patches, backups, monitoring and an agreed number of support hours. We respond during business hours, Monday to Friday, 8:00 to 17:00 East Africa Time. Work outside a plan is billed at our hourly rate.
12Ownership and intellectual property
Once you have paid in full, you own the custom designs, content and code we create specifically for your project. We keep ownership of our own tools, libraries and reusable components, and give you a permanent, non-exclusive licence to use them as part of your project. Open-source software, fonts, photos and other third-party materials remain under their own licences.
13Portfolio
We may show the finished work, your name and your logo in our portfolio and marketing, unless you ask us in writing not to. We never publish confidential information or private data.
14Confidentiality
We each keep the other's confidential information private and use it only for the project. This continues after the project ends.
15Data protection
When we handle personal data in systems we build or host for you, we act as your data processor under Tanzania's Personal Data Protection Act, 2022, as described in our privacy policy. You are responsible for having a lawful basis for the data you collect and for publishing your own privacy notice.
16Liability
We do our work with reasonable skill and care. Our total liability for any project is limited to the fees you paid for that project in the 12 months before the claim. We are not liable for indirect losses such as lost profits, data you did not back up, or business interruption. Nothing in these terms limits liability that the law does not allow us to limit.
17Ending a project
Either of us may end a project with 14 days' written notice. If that happens, you pay for the work completed up to the end date and we hand over everything you have paid for. The deposit covers the start of work and is not refundable once work has begun.
Either of us may end the project immediately if the other seriously breaches these terms and does not put it right within 14 days of being told.
18Law and disputes
These terms are governed by the laws of the United Republic of Tanzania. If a disagreement arises, we will first try to settle it through good-faith discussion. If that fails within 30 days, either of us may refer it to mediation, and then to the courts of Tanzania in Dar es Salaam.
19Changes to these terms
We may update these terms from time to time. The version in force when you accept a quote applies to that project.
20Questions
If anything in these terms is unclear, ask us before you accept a quote. We are happy to explain.
This page is available in English, Kiswahili, French and Chinese. If the versions differ, the English version applies.