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Terms & Conditions:
An Agreement Between: Clan MacFarlane Enterprises (PTY) LTD (“The Provider”) And ( The “User”)
This agreement is between Clan MacFarlane Enterprises (PTY) LTD that shall hereafter be referred to as (“The Provider”), and the authorized person/ company/ entity mentioned above. The Duly Authorized Person/ Company/entity/signatory mentioned above shall hereafter be referred to as the “User”. By using “The Provider's” website, services and payment facility, you agree to the following terms and conditions.
The Terms & Conditions listed below are intended as guidelines and are not meant to be definitive. Conduct that violates South African Law, regulatory conditions and / or the accepted netiquette on internet is expressly prohibited.
PAYMENT FOR SERVICES :
- Fees for services rendered are payable prior to the service being offered.
- The “User” hereby agrees to pay any and all legal fees, and related expenses incurred by “The Provider” in the collection of any outstanding amount due;
- Any account whose payment status is not current by the 7th of each calendar month is deemed late;
- Generally, customers are given a 7-day grace period (Until the 14th of each month).
- If the amount due for services charged is declined or dishonoured, “The Provider” has the right to immediately suspend / cancel the “User's” application and withdraw the offer of service;
- Payments may be made by either of the following methods: Credit Card, Direct Transfer (Once proof of payment is received will you recieve confirmation of services).
- “The Provider” reserves the right to adjust service charges at their sole discretion;
- In the event of a dispute between “The Provider” and “The User”, “The User” is obliged to continue paying the charges as they become due and payable in terms of this Agreement. “The User” may not withhold payment for any reason.
- “The Provider” reserves the right to provide services to any client, should “The Provider” not wish for any reason to provide said services, “The Provider” may ask the client to seek said services from another provider immediately.
- All transactions processed in South African Rands (ZAR).
- Payments via cash or bank guaranteed cheque: Payments using these methods are welcome.
- Should “The User” choose to use cash or cheque payments, only once proof of payment has been faxed through to “The Provider” and the said amounts cleared by the bank will services be offered.
- Costs incurred by “The Provider” that are either directly or indirectly related to services used by “The User” shall not be refunded.
- If “The Users” account has not been paid in full, the account and all information will be handed over to an external collection agency. Any fees / expenses incurred in the collection of these funds will be for the expense of “The User”
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“The User” warrants that any and all information (Eg: Banking Details / Credit Card details / Contact people) supplied to “The Provider” is correct and that “The Provider” has the right to use said information. Should “The User” use information illegally, “The Provider” has the right to take appropriate action against “The User”
DISCLAIMER :
- The “User” agrees to use all “The Provider's” services at the “User's” own risk.
- “The Provider” specifically disclaims all warranties of merchantability and fitness for a particular purpose of quality accuracy & privacy.
- The services, products and information you obtain on or find, through or in conjunction with, the website are provided “voetstoets (as is)”, without warranty of any kind, either express or implied.
- Use of any information obtained via “The Provider's” Facilities / Services is at your own risk. “The Provider” specifically denies any responsibility for the accuracy or quality of information obtained through its services;
- In no event shall “The Provider” be liable for any loss, or loss of property, or any other damages;
- “The User” shall hold “The Provider” harmless against any claims that “The User” may have against “The Provider” for any services that “The Provider” may provide.
- Should “The User” have any domain related issues for services that “The Provider” provides to another “User”, “The Provider” will abide by the decisions made by the South African court of Law
USE OF SERVICES :
- The “User” agrees to protect and indemnify “The Provider” against any and all liability, loss, or expenses arising from claims of liability, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from “The Provider's” or any “User's" use of “The Providers” services;
- The “User” is prohibited from allowing any other party access to any services through the subscriber's unique internet address, “User Name” and / or “Password”.
- The "user" may not at any time use the service in contravention of any South African law & consents to the jurisdiction of the High Court of South Africa sitting in Pretoria;
- The use of the email system by the “User” to send unsolicited email is not permitted;
- All complaints shall be investigated & “User's” abusing these services shall have their contracts suspended or terminated immediately.
- The “User” specifically agrees not to use “The Provider's” services in any manner that is illegal, libellous, or against any “The Provider's” policies;
- “The Provider” will not be responsible for any damage the “User” may suffer. This includes loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or your errors or omissions;
- “The Provider” does not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site.
- The “User” is NOT permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal or offensive according to the laws of South Africa.
- “The Provider” reserves the right to decline requests for services or to cancel any account at our discretion.
- Use of any information obtained via “The Provider's” services is at your own risk. “The Provider” specifically denies any responsibility for the accuracy or quality of information obtained through its services;
- The “User” agrees not to post or transmit any file that contains a virus, worm, “Trojan Horse” or any other destructive feature, regardless of whether damage is intended or unintended by the “User”;
- “The Provider's” servers / services may be used for lawful purposes only.
- Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- “The Provider” will be the sole arbiter as to what constitutes a violation of this provision.
Should any dispute between the “User” and a 3rd party result over a domain name, website, website content or anything else related to the “User”, “The Provider” shall either at its own discretion or that of an Court Order, suspend, remove or cancel the “User's” services and or account.
SECURITY :
- Any person that delivers or attempts to deliver any damaging code to the “The Providers” websites or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that “The Provider” suffers any damage or loss.
- All credit card transactions are Secure Socket Layers encrypted.
- “User's” may click on the SSL or Credit Card Merchant logo to view their security certificate.
- Issuing of password / user login information, unless “The Provider” knows the party, NO user login or email or any passwords will be given out.
Should an employee of a company require such information this will only be provided once this request has been received in writing from a contact person that we have on record or somebody suitably authorised within the company.
GOVERNING LAW :
- “The Providers” sites are controlled and operated from the Republic of South Africa and therefore governed by South African Law.
- The subscriber may not at any time use the service in contravention of any South African law & consents to the jurisdiction of the High Court of South Africa sitting in Pretoria;
GENERAL CONDITIONS :
- “The User” agrees to abide by the generally accepted terms of Netiquette
- These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted;
- Use of “The Provider's” services constitutes acceptance of these Terms and Conditions;
- “The Provider” owns the content, graphics, trade marks, meta tags, domain names, hyperlinks, patents and source code for their websites. The content may not be copied, modified, redistributed or republished from this website without the express written consent of an authorized person from “The Provider”.
- No person may use, reproduce or distribute the intellectual property of the website or “the Provider” in any manner whatsoever without the prior written consent;
- Should “The Provider” fail to enforce any condition of this agreement, all other conditions of this agreement shall remain in force within the provisions of South African law.
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. “The Provider” reserves the right to add, delete, or modify any provision of this Policy at any time without notice. This agreement may not be modified except by the written consent of “The Provider”.
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