Last updated: September 13, 2025
This Agreement (“Agreement”) is a legal contract between you (“Client,” “you,” or “your”) and Origin Digital Trading (PTY) LTD (“Origin Digital,” “we,” “us,” or “our”) for the provision of services as described below. By subscribing to or using our services, you agree to be bound by these Terms and Conditions.
1. Services Provided
Origin Digital provides the following services:
a. Nextcloud Hosting: Provision of a hosted Nextcloud instance, including storage space, access to Nextcloud features, and basic technical support. b. Website Maintenance: Ongoing technical maintenance for websites, including updates, security monitoring, and backups as specified in the service agreement.
2. Client Responsibilities
a. Data Responsibility and Backups: Origin Digital performs routine backups of your data as part of our service. However, you are and remain solely responsible for all of your data, including all content, files, and information stored on your Nextcloud instance or website. It is your ultimate responsibility to maintain independent copies of your data by performing your own regular and frequent backups. Origin Digital is not responsible for any data loss, corruption, or unavailability, including any failure of our backup processes, regardless of the cause.
b. Acceptable Use Policy: You agree not to use the services for any illegal or unauthorized purpose. This includes, but is not limited to, distributing malware, engaging in phishing, or infringing upon the intellectual property rights of others.
3. Limitation of Liability
a. Service “As Is”: Our services are provided “as is” and “as available” without any guarantees, warranties, or conditions of any kind. While we strive for high service availability and security, we do not guarantee uninterrupted, secure, or error-free service.
b. No Liability for Downtime: Origin Digital shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from or in connection with any service downtime or unavailability.
c. Maximum Liability: In no event shall Origin Digital’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) exceed the amount paid by you for the services during the six (6) months prior to the event giving rise to the claim.
4. Termination
a. Termination by Client: You may terminate this Agreement at any time by providing written notice to Origin Digital.
b. Termination by Origin Digital: We reserve the right to suspend or terminate your service immediately and without prior notice for any breach of this Agreement, including non-payment.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from this Agreement shall be resolved in the courts of the Republic of South Africa.
6. General Provisions
a. Entire Agreement: This Agreement constitutes the entire agreement between you and Origin Digital and supersedes all prior agreements, oral or written, concerning the services.
b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
