Dark Nuvens – Terms & Conditions of Service

These Terms and Conditions (“Agreement”) govern the use of all cybersecurity, advisory, and managed services (“Services”) provided by Dark Nuvens, a company in the Republic of South Africa, to its clients (“Client”).

1. Definitions and Scope of Engagement

1.1. Scope: This Agreement applies to all services provided by Dark Nuvens, including but not limited to vulnerability assessments, penetration testing, risk assessments and mitigation recommendations.

1.2. Engagement Confirmation: Each engagement will be confirmed through a written proposal, quotation or service-level agreement that outlines the scope, deliverables, timelines, fees and any special conditions.

1.3. Acceptance: By accepting a proposal or commencing an engagement, the Client agrees to be bound by these Terms.

2. Fees, Billing and Payment Terms

2.1. Currency: All fees are quoted and payable in South African Rand (ZAR), unless otherwise specified.

2.2. Payment Schedule:

• 50% of the total fee is payable upfront upon acceptance of the proposal and to activate the agreed service.
• The remaining 50% is due before final deliverables (e.g., reports, findings, recommendations) are released to the client.

2.3. Additional Costs: Clients are responsible for any third-party costs, foreign exchange differences and cross-border transaction fees.

3. Cancellations and Refunds

3.1. Cancellation Window:

• Full refund: If cancelled 48 hours or more before scheduled service commencement.
• Partial refund (subject to up to 25% cancellation fee): If cancelled within 48 hours.
• No refund: Once services have commenced or deliverables have been transferred.

3.2. Refund Requests: All refund requests must be submitted in writing to support@darknuvens.com. Dark Nuvens will respond within 5 business days.

4. Confidentiality and Data Protection

4.1. Data Confidentiality: Dark Nuvens adheres strictly to the Protection of Personal Information Act (PoPIA) and international data protection frameworks (e.g., GPA). All client data is treated as confidential and will not be disclosed without written consent unless legally required.

4.2. Data Deletion:

• Data will be securely deleted from our systems within 7 calendar days of report delivery.
• If full payment is not received within 7 days of the due date, client data will be permanently deleted on the 8th day.

4.3. Security Measures: All data is stored using secure, encrypted systems. Access is restricted to authorised personnel only.

5. Intellectual Property

5.1. Ownership: Deliverables, such as assessment reports and recommendations, become the property of the Client upon receipt of full payment.

5.2. Retained Rights: Dark Nuvens retains the right to reuse non-identifiable components (e.g., templates, methodologies) in other engagements.

6. Service Delivery

6.1. Remote Engagement: All services are delivered remotely unless otherwise agreed in writing.

6.2. Permission-based Access: Vulnerability scanning and any system access shall only proceed once written client consent is received.

6.3. Delivery Method: Reports and digital assets will be delivered via secure email or secure portals.

6.4. Client Responsibilities:

• Provide accurate and timely access to systems and personnel.
• Ensure necessary internal approvals are obtained before commencement.

7. Limitations of Liability

7.1. Cap on Liability: Dark Nuvens’ total liability is limited to the amount paid by the Client for the specific service giving rise to the claim.

7.2. No Consequential Damages: Dark Nuvens is not liable for any indirect, incidental, or consequential losses, including but not limited to data loss, business interruption, or reputational harm.

7.3. Client Indemnity: The Client agrees to indemnify Dark Nuvens against any claims resulting from data misuse, security breaches resulting from client-side misconfiguration, or delays caused by the Client.

8. Warranties and Disclaimers

8.1. Service Warranty: Dark Nuvens warrants that it will deliver services using reasonable skill and care in accordance with professional standards.

8.2. No Guarantee of Security: Vulnerability assessment services are advisory in nature. Dark Nuvens does not warrant that all vulnerabilities will be identified or that systems will be entirely secure following mitigation.

9. Amendments and Updates

These Terms may be amended from time to time. The latest version will be made available on the Dark Nuvens website. Continued engagement following updates constitutes acceptance of revised Terms.

10. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of South African courts.

11. Contact Information

For all queries or support matters, please contact:
support@darknuvens.com