Terms & Conditions

1. Agreement & Scope

These Terms and Conditions (the "Terms") form a binding agreement between NEI SHOT WEBX SOLUTIONS CC ("Nei Shot", "we", "us") and the person or entity accessing or using any of our websites, applications, or services ("you" or "Customer"). By creating an account, clicking "I accept", placing an order, or otherwise using the Service, you agree to these Terms. If you accept on behalf of an organisation, you confirm that you have authority to bind it.

If we have signed a separate written agreement with you that conflicts with these Terms, that agreement prevails for the matters it covers.

2. Definitions

• Service — the websites, applications, APIs, and services we operate, including Tuma SMS, LendCore, PropFlow Namibia, eVoting, BookLovers Namibia, and any successor or related offering.
• Customer Data — any data, content, or information you submit to or generate within the Service.
• Subscription — a recurring fee for continued access to a Service.
• Order — a purchase made through the Service for a Subscription, credits, an event, or goods.
• Beta — any feature, product, or service identified by us as alpha, beta, preview, early-access, or experimental.

3. The Service

We grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business or personal purposes during the term of your Subscription or Order, subject to these Terms.

We may add, modify, or remove features at our discretion. Where a change materially reduces functionality you have paid for, we will give reasonable notice and, if you are not satisfied, allow you to cancel and receive a pro-rata refund of pre-paid unused fees.

Beta features are provided "as-is", may be unstable or discontinued, and are not subject to any service level commitment.

4. Accounts & Eligibility

• You must be at least 18 years old, or have parental or legal guardian consent, to create an account or transact.
• You are responsible for the security of your credentials and for all activity under your account. Notify us immediately of any suspected unauthorised access.
• You agree to provide accurate, complete, and current information, and to keep it up to date.
• One account per person/entity unless otherwise agreed in writing.

5. Acceptable Use

You may not, and may not permit any third party to:

• use the Service for any unlawful, harmful, deceptive, defamatory, infringing, or fraudulent purpose;
• send unsolicited messages (spam) or violate any applicable communications, anti-spam, or data-protection laws (this applies in particular to Tuma SMS — you confirm your recipients have opted in);
• upload malicious code, attempt to probe, scan, or test the vulnerability of the Service, or interfere with its operation;
• access the Service to build a competing product or to copy its features;
• reverse engineer, decompile, or disassemble any part of the Service except to the extent permitted by mandatory law;
• resell, sublicense, or make the Service available to third parties without our written consent.

We may suspend access where we reasonably believe these rules have been breached.

6. Customer Data & Confidentiality

As between you and us, you own all Customer Data. You grant us a limited licence to host, copy, transmit, and display Customer Data solely as needed to provide and improve the Service, comply with law, and enforce these Terms.

You are responsible for the lawfulness of Customer Data and for obtaining all consents required for us to process it. Where we process personal information on your behalf, we do so as your processor in accordance with our Privacy Policy.

Each party will keep the other's non-public information confidential and use it only as needed for the relationship. This obligation survives termination.

7. Fees, Taxes & Payment

• Fees are displayed within the relevant Service or in your written agreement. Prices are in Namibian Dollars (NAD) and exclude VAT unless stated.
• Card payments are processed by PCI DSS Level 1 certified providers. We do not store full card numbers on our systems.
• You authorise us and our payment provider to charge your selected payment method for all fees due, including recurring subscription charges.
• If a payment fails, we may suspend the Service until amounts due are settled. Overdue amounts may attract interest at the prevailing prime rate plus 2% per annum from the due date.
• You are responsible for all taxes, duties, and similar charges except those based on our net income.

8. Refund & Cancellation Policy

This section forms part of these Terms and applies to all payments made to us.

8.1 General

• Refund requests must be made in writing to hello@neishot.com within the timeframes below.
• Refunds are paid back to the original payment method.
• Approved refunds are processed within 10 business days of approval, subject to the settlement cycle of our payment provider.
• Refunds exclude non-refundable third-party costs already incurred (e.g. SMS gateway fees, KYC fees, shipping for dispatched goods).

8.2 Subscriptions (Tuma SMS, LendCore, PropFlow)

• Subscriptions are billed in advance monthly or annually, as selected.
• You may cancel at any time from your account or by contacting support. Cancellation takes effect at the end of the current billing period.
• We do not offer pro-rata refunds for partially used billing periods, except where required by Section 3 or applicable law.
• Duplicate or accidental charges are refunded in full on request, after verification.

8.3 Credit top-ups (Tuma SMS)

• Delivered SMS or email credits are non-refundable.
• If no credits have been consumed, a refund request made within 7 days of purchase will be considered case-by-case.
• Credits expire as stated at purchase.

8.4 Event-based services (eVoting)

• Setup fees are non-refundable once configuration has commenced.
• Cancellation more than 7 days before voting opens may qualify for a partial refund of the setup fee, less work performed.
• Per-voter fees are billed on actual usage; no refund applies to consumed ballots.

8.5 E-commerce orders (BookLovers Namibia)

• Free cancellation any time before dispatch.
• Physical books may be returned within 7 days of delivery if in original, unused, resalable condition. Return shipping is at the customer's cost unless the item is defective or incorrect.
• Defective or incorrect items: replacement or full refund (including delivery) at the customer's election.
• Digital books are non-refundable once accessed or downloaded.

8.6 Fraud & chargebacks

We may reject or reverse transactions that appear fraudulent or are disputed. Abusive chargeback behaviour may result in suspension. Where a chargeback is reversed, access may be restored subject to administrative fees.

9. Suspension & Termination

• Either party may terminate a Subscription at the end of the current term by written notice.
• We may suspend or terminate access immediately for material breach (including non-payment, breach of acceptable use, or fraud) and for legal or security reasons.
• On termination, your right to access the Service ends. You may export Customer Data for up to 30 days after termination, after which we may delete it from active systems.
• Sections that by their nature should survive termination (including IP, confidentiality, liability, and dispute resolution) will survive.

10. Intellectual Property

We and our licensors retain all right, title, and interest in the Service, including all software, designs, trademarks, logos, and content. No rights are granted to you except as expressly stated in these Terms.

If you provide feedback or suggestions, we may use them without restriction or compensation.

11. Service Levels & Support

• We target 99% monthly uptime across the Service, measured excluding announced maintenance, Beta features, and force majeure.
• Support is provided by email at hello@neishot.com Monday to Friday, 08:00–17:00 Namibian time.
• Enterprise customers may have separate SLAs; where signed, those override the targets in this section.

12. Warranties & Disclaimers

We warrant that we provide the Service with reasonable skill and care.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted operation. LendCore is a management tool and not a lender; we do not warrant any specific business or regulatory outcome.

13. Limitation of Liability

To the maximum extent permitted by law, our aggregate liability for any claim arising out of or related to these Terms or the Service is limited to the amount paid by you to Nei Shot in the twelve (12) months immediately before the event giving rise to the claim, or N$10,000, whichever is greater.

In no event will we be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility.

The exclusions above do not apply to liability that cannot be excluded by law (such as for death, personal injury caused by negligence, or fraud).

14. Indemnification

You will defend and indemnify Nei Shot from and against any third-party claim, loss, or expense arising out of (a) your breach of these Terms, (b) Customer Data, or (c) your use of the Service in violation of law or third-party rights, except to the extent caused by our breach of these Terms.

15. Force Majeure

Neither party is liable for failure to perform caused by events beyond reasonable control, including acts of God, natural disasters, government action, war, terrorism, civil unrest, labour disputes, internet or power outages, or third-party service failures.

16. Changes to these Terms

We may update these Terms from time to time. Material changes take effect 30 days after notice (by email or in-product). Continued use after the effective date constitutes acceptance. If you do not accept material changes, you may cancel under Section 9 and receive a pro-rata refund of pre-paid unused fees.

17. Assignment & Subcontractors

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets. We may use subcontractors and sub-processors (such as cloud, payment, SMS, or email providers) and remain responsible for their performance.

18. Notices

Notices to us must be sent to hello@neishot.com. Notices to you may be sent to the email on your account or posted within the Service. Notices are deemed received on dispatch.

19. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Namibia. The courts of Windhoek, Namibia have exclusive jurisdiction. Before commencing any proceeding, the parties will attempt to resolve the dispute through good-faith negotiation for at least 30 days from written notice.

20. General

• Entire agreement. These Terms (together with any signed agreement, Order, and the Privacy Policy) are the entire agreement between the parties on this subject and supersede all prior discussions.
• Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is reformed to the minimum extent necessary.
• No waiver. Failure to enforce a provision is not a waiver of it.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
• Order of precedence. A signed written agreement > an Order > these Terms.