Effective: 17 September 2026
A retainer reserves a defined amount of NemesisNet service capacity for the Client during each billing period. The nature of that capacity — including development, support, maintenance, DevOps, infrastructure, consulting, or other services — is determined by the applicable retainer package and agreement.
Retainers purchase reserved capacity, not a prepaid bucket of hours. The capacity is made available during each billing period and belongs to that period.
Depending on the retainer package, inclusions may cover some or all of the following:
The exact inclusions, capacity, and response targets are specified in the applicable retainer agreement or proposal.
The following types of work are outside the included capacity unless expressly included in the applicable retainer agreement or otherwise approved as additional work:
The specific exclusions depend on the retainer type. The applicable retainer agreement, proposal, or statement of work defines what is included and what is not. All work outside the included scope requires separate quotation, written approval, and billing. See the Pricing Guide for current rates.
Retainer fees provide the Client with the defined service capacity specified in the applicable retainer package for each billing period. Where a package specifies a number of hours, those hours represent the maximum included service capacity available during that billing period.
Included capacity is not an accumulating credit balance or deposit against future services. Unused capacity expires at the end of the applicable billing period and does not roll over, convert to cash, or create an entitlement to equivalent work in a future period unless expressly agreed otherwise in writing.
A Client's failure to submit requests during a billing period does not transfer unused capacity to a subsequent billing period.
For example: a Development Retainer providing 6 hours per month means the Client has 6 hours of reserved development capacity available during each respective billing period. If unused in a given month, those hours do not accumulate. The Client cannot bank unused hours across multiple months and claim them later.
The retainer is valid regardless of whether the Client submits requests during a given billing period. The retainer fee pays for reserved capacity — the readiness and allocation of NemesisNet resources — not merely a counter that is decremented when work is performed.
Development work outside the included retainer scope is subject to separate quotation, approval, and billing at the applicable rate. See the Pricing Guide for current rates.
The Client may request a quote for out-of-scope work at any time. Work will not commence until the Client has provided written approval of the quoted scope and price.
Changes to the retainer scope, service level, or included capacity take effect only when agreed in writing by both parties. Changes may result in adjusted pricing, which will be confirmed before the change takes effect.
Either party may terminate a retainer agreement in writing with 30 days' notice. Outstanding invoices for services already rendered remain payable upon termination. Work in progress may be delivered in its current state or billed proportionally, depending on the agreement in place.
For clients covered by the Consumer Protection Act (CPA), additional statutory rights may apply to fixed-term agreements, including cancellation and pro-rata refunds. Nothing in these terms limits any rights the Client may have under applicable consumer protection legislation.
Retainer fees cover NemesisNet's services only. The following are Client costs and are not included in the retainer fee unless expressly stated otherwise:
These terms are governed by the laws of South Africa. Any dispute arising from these terms or a retainer agreement will be resolved in the courts of Cape Town, South Africa.
NemesisNet may update these terms from time to time. Continued payment or acceptance of retainer services after changes constitutes acceptance of the revised terms. Clients will be notified of material changes via email or direct communication.