"We", "Us", or "Our" refers to the Company as defined above.

"Customer" refers to any individual, business, or entity anywhere in the world that accesses, uses, or purchases our Services or Products, whether directly or through an authorised representative.

"You" or "Your" refers to the Customer as defined above.

"Supplier" refers to any third-party vendor, service provider, contractor, or licensor that provides products, services, software, or infrastructure used in or integrated with the Company’s Services or Products.

"Third Party" refers to any entity other than the Company, Customer, or their respective affiliates. This may include partners, external service providers, licensors, or users who interact with the Services but are not direct parties to these Terms.

NebularStack (SaaS, PaaS, and IaaS)

Software Development

Professional Services Consulting

Any other products, software, or solutions we offer

We do not accept liability for any loss, damage, or business disruption arising from service downtime, data loss, or security breaches.

We do not provide any warranties beyond those explicitly stated in our Service Level Agreement (SLA).

Under our SLA, we will respond within one (1) hour for Priority 1 cases (service-impacting incidents).

Any unauthorised access, misuse, or violation of our security policies may result in immediate suspension or termination of your access.

Your use of NebularStack must not interfere with or degrade the performance of our infrastructure or impact other customers.

All consulting services are provided on a best-effort basis and do not guarantee specific results unless explicitly agreed upon in writing.

You are accountable for implementing any recommendations or advice given during the engagement.

Unless stated otherwise in a separate agreement, any deliverables provided as part of the consulting services remain our intellectual property.

If consulting services are retained under a separate Service Level Agreement (SLA), the terms of that agreement will dictate response times and deliverables.

Unless explicitly agreed in a separate contract, we provide these products as is, without any guarantees regarding uptime, availability, or redundancy.

We will not be liable for any loss, damage, or disruption caused by the use or failure of these products, including but not limited to software defects, integration failures, or security vulnerabilities.

Usage-based services will be billed in arrears according to the applicable service pricing.

You agree to pay for any usage-based services when you use our Services.

If payments exceed their terms beyond the due date specified on the invoice, we reserve the right to suspend or terminate services. However, we will provide at least 20 days’ written notice before suspending services due to non-payment, except in cases of fraud, abuse, or material breach of these Terms.

A deposit may be required before project commencement. The deposit amount will vary based on project size.

We will not commence work on a project if the required deposit is not paid.

You are required to adhere to our Acceptable Use Policy and Privacy Policy while using our Services.

Any breach of these policies may lead to the suspension or termination of access to the Services.

All support requests must be logged initially via email before contacting us through any other channels, including our Operations Centre.

For Priority 1 (P1) cases, defined as service-impacting incidents, we will respond within one (1) hour of the logged issue.

Although we implement substantial measures to protect user data, the user is ultimately responsible for securing access credentials.

We strongly recommend activating Multi-Factor Authentication (MFA).

We accept no liability for unauthorised access resulting from weak or compromised authentication data.

We process personal data on behalf of our customers in accordance with POPIA, GDPR, and other applicable data protection laws.

Our Data Processing Agreement (DPA) governs how we collect, store, process, and secure customer data.

The DPA forms an integral part of these Terms and Conditions and applies automatically to all users of our services.

By using our services, customers acknowledge and agree to the terms of the DPA.

The entire Data Processing Agreement (DPA) is available at: https://www.interstellio.io/legal/dpa.

Users have the right to access, correct, delete, or object to processing their personal data as outlined in our Data Subject Access Request (DSAR) Procedure.

The DSAR Procedure, which forms part of these Terms and Conditions, can be accessed at: https://www.interstellio.io/legal/dsar.

To the fullest extent permitted by applicable law, we disclaim any liability for direct, indirect, incidental, consequential, or special damages, including, but not limited to, lost profits, lost data, or business interruption. Nevertheless, nothing in this clause shall exclude or limit our liability for gross negligence, wilful misconduct, fraud, or any other liability that cannot be lawfully excluded or limited under applicable laws.

If applicable, our total aggregate liability shall not exceed the sum you have paid for the services within the past three (3) months.

You violate these Terms, our Acceptable Use Policy, or Privacy Policy.

Your use of our Services negatively impacts our infrastructure and the performance, security, or availability of services for other customers.

We reasonably believe that your use of the Services presents a security, legal, or fraud risk.

You fail to make payments as per the agreed billing terms.

We may terminate or suspend Services at our sole discretion, with or without cause, by providing 60 days' notice.

If we terminate Services for convenience, we will provide a pro-rata refund for any prepaid but unused services, unless the termination is due to a breach of these Terms by the Customer. One-time fees, non-refundable charges, or costs incurred before termination may not be eligible for refunds.

Customers terminating their subscriptions voluntarily remain responsible for all payments due before the termination date.

We shall not be held liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to natural disasters, cyberattacks, or governmental actions.

If a prolonged service disruption exceeds 30 consecutive days, affected customers may request a pro-rata refund for any prepaid but unused service fees. Refunds will be granted at our reasonable discretion, depending on the nature of the force majeure event and our capacity to restore services.

Unless stated otherwise in a separate agreement, all pre-existing intellectual property, proprietary software, frameworks, and methodologies used in consulting services remain our intellectual property.

However, the Customer shall own any custom software, source code, or deliverables explicitly developed for a customer as a standalone solution upon full payment unless otherwise agreed in writing.

The parties shall first attempt to resolve any dispute, controversy, or claim arising from or relating to these Terms, including but not limited to their formation, interpretation, performance, breach, or termination, through good-faith negotiations.

Either party may initiate such negotiations by providing written notice to the other party, outlining the nature of the dispute and the desired resolution.

If the dispute remains unresolved within 30 days of written notice, the matter shall be escalated to arbitration.

If the dispute cannot be resolved through negotiations, it shall be settled by binding arbitration in the jurisdiction where the relevant entity of the Company is servicing the Customer, unless consumer protection laws in the Customer’s jurisdiction grant them the right to litigate in their home jurisdiction.

The arbitration shall be conducted in accordance with the rules of a recognised arbitration body in that jurisdiction (such as the Arbitration Foundation of Southern Africa (AFSA) for South African customers or the relevant arbitration institution in other jurisdictions where the Company operates).

The arbitration proceedings shall be conducted in English, unless otherwise agreed by both parties.

The arbitrator's decision (s) shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

Each party shall bear its own arbitration costs, except as otherwise determined by the arbitrator.

These Terms shall be governed by and construed in accordance with the laws of the country in which the relevant Company entity providing the service to the Customer is incorporated.

However, where mandatory consumer protection laws grant customers the right to apply their local laws, those protections shall apply.

To the fullest extent permitted by applicable law, all claims must be brought in each party’s individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Where such waivers are not enforceable under local law, customers retain any non-waivable rights granted by such laws.