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Legal
Teracomm is an IT Solutions provider and its services (The Services) are provided to the User subject to compliance with the following terms and conditions (the Agreement)
Between:
1. Bramley Trading 114 cc T/A Teracomm IT Solutions, registration number:2004/007105/23 (referred to as “Teracomm” in this agreement)
2. And any User of the Website for any reason or purpose
The Terms and Conditions set out hereunder, together with any terms and conditions referred to below or associated to this agreement by hyperlink shall bind the User of the Website and the consent of the User to the terms is automatic and arises by use of the website. Use of Teracomm’s Services indicates the User’s acknowledgement that they have read and understood this agreement, and that the User agrees to be bound by it.
Definitions and Interpretation
1. “Data” means electronic representations of information in any form
2. “The Website” shall mean the Website owned by Bramley Trading 114 T/A Teracomm IT solutions and located at: http://www.teracomm.co.za and any page additional thereto
3. “User” means any person entering or making use of the website for any reason
4. Any reference to a person in this agreement shall include a juristic or legal person as well as a natural person
5. Any references to the singular shall include the plural and reference to one gender shall include the other
6. Hyperlinks in this agreement referring to additional terms or conditions shall be deemed to be operational and the additional terms and conditions shall be read as included, even if at any specific point in time the relevant hyperlink was not in fact operational
Limitations on Rights of Use of the Website
1. No User shall be entitled to use any content whatsoever from the company’s website for a commercial purpose without the prior written consent of the company.
2. No User shall make use of the company website to publish material that is offensive, defamatory, illegal or unlawful, nor for the sending or dissemination or unsolicited commercial communications.
3. No User shall cache the website except to make more efficient the transmission of content from the website which is updated information (at least every 48 hours), unmodified, acknowledged and pursuant to the purpose for which the website was intended.
4. No person shall use or attempt to use any device or program (including web crawlers, robots or web spiders) to search, collect or copy any content whatsoever from the company website without the prior written consent of the company.
5. Any person who links to pages beyond the home page of the website shall do so entirely at their own risk and no liability howsoever incurred shall arise on the part of the company for any damages arising from such use.
6. The company’s logo’s, letterhead, domain name, graphic and text designs and other intellectual property of the company remains the sole property of the company notwithstanding its publication on the website and no implied right to make use of or copy such material shall arise from this publication or use.
7. Any use without the express written authorisation by the company of the company’s intellectual property INCLUDING METATAGS shall be or be deemed to be an infringement of the company’s copyright or trade mark and/or passing off as the case may be and the company shall take legal action to enforce such rights as it may be entitled to exercise.
8. The website contains hyperlinks to third party websites not controlled by the company from time to time and unless otherwise expressly states, such a hyperlink shall not imply any support of or agreement with the owner or content provider of such third party website.
User Security
1. The company does not warrant or guarantee the security of any use of the website, nor does it guarantee that any information placed on the website cannot be accessed by any unauthorised person. The company is under no legal obligation to digitally encrypt or authenticate any content on the website or any communication undertaken with a User.
2. The company shall and has taken all reasonable measures in order to secure any data whatsoever entered on or via the website from misuse by any third party.
Limitations on Liability
1. The company records that it shall not be liable for any loss, whether direct or consequential, arising from its failure to collect or collect timeously, any specific item or delivery ordered by way of the website.
2. The company records that it shall not incur any liabilities for damages suffered by a User, whether direct or consequential, arising from the User’s inability to access the website, download any data from the website or otherwise make use of the website and records that the website may from time to time be unavailable due to causes beyond the company’s control.
3. In the event of a dispute, the decision of Teracomm will be final and binding in all aspects of the competition and no correspondence will be entered into.
4. Under no circumstances shall Teracomm be liable to the User or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from the User’s use of or inability to use the Services, or for third parties' use of the Services, or the User’s or any third parties' reliance on or use of information, services, or products provided together with, on or through the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
5. Subject to the above clause, the entire liability of Teracomm, and the User’s exclusive remedy for damages related to or arising from this Agreement, whether in contract or in delict, will not exceed the average aggregate of the charges paid by the User to Teracomm during the 3 months directly preceding the claim.
6. Teracomm reserves the right from time to time to suspend access to or provision of the Services for maintenance and repair work to its systems and infrastructure. In such instances and where possible, Teracomm shall endeavour to provide due notice in advance of any restriction of or limitation to the Services. Any liability for any loss or damage arising from such restriction or limitation, whether direct or consequential, is hereby excluded, and the provisions of the fourth clause above shall apply with the necessary changes to such restriction or limitation.
7. Teracomm and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The Service is provided "as is" without warranty of any kind. Teracomm and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Indemnification
1. The User agrees, without limitation or exception, to indemnify, defend, and hold harmless Teracomm from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees (on an attorney-and-own-client costs scale basis), causes of action or claims caused by or otherwise resulting indirectly from the User’s use of the Services which causes damage, either to the User, Teracomm, or any other third party.
2. This indemnification extends to all issues associated with the User’s account, including but not limited to domain name(s) selection and web site content.
Client Information
1. The User warrants that all information provided by the User to Teracomm, including without limitation all the User‘s identification and contact information, is true and correct, and that should such information change, the User will notify Teracomm thereof within 30 days of such change.
2. The User further warrants that the User is the authorised user of any financial information provided (including without limitation any current account or credit card information) provided to Teracomm, and that Teracomm has the right to investigate and pursue any possible fraudulent use thereof.
Whole Agreement and Non-Variation
1. The terms and conditions of use of the website shall constitute the entire terms and conditions of use hereof and no variation thereof shall bind the company unless entered into in writing and signed by a Director(s) of the company.
2. No failure to enforce any right on the part of the company shall be construed as a Waiver of the company’s rights in terms of the agreement.
3. Any provision of this agreement that is held to be unenforceable or invalid for any reason shall be severable from the balance of the terms and conditions set out herein.
General
1. Choice of Law, Jurisdiction: This Agreement shall be governed in all respects by the laws of the Republic of South Africa. Both Parties consent to the non-exclusive jurisdiction of the Magistrates Court, with regard to any proceedings in connection with the Agreement, but the User acknowledges that Teracomm shall be entitled to institute proceedings in the High Court of South Africa.
2. Incorporation by Reference: This Agreement shall be interpreted as including by incorporation by reference the other legal documents as published from time to time by Teracomm.
3. Pre-Contractual Negotiations: This Agreement supersedes any written, electronic, or oral communication the User may have had prior to the conclusion of this Agreement with Teracomm, or any agent or representative thereof, and this Agreement constitutes the complete and total Agreement between the Parties.
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