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Terms and Conditions |
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Parties |
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1. |
This is an agreement between
Develec CC (CK1994/39133/23,
Member S.M. Short) trading
as develec.com (Develec)
and a customer (you) who
subscribes to any of Develec's
Hosting Plans. |
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Subscription |
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2. |
By subscribing to any and
/ or all of the abovementioned
services, you agree to be
bound by the terms and conditions
contained herein. |
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Acceptable Use |
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3. |
3.1 |
You agree that Develec may,
without any notice whatsoever,
at its sole and unfettered
discretion, (but Develec
is neither required nor
compelled to do so, nor
is Develec deemed to have
done so) edit, delete and
/ or review, any and / or
all of the information contained
in any web site, email or
other stored or forwarded
data, whether generated
programmatically and / or
retrieved from a database
or otherwise, where such
data is hosted by, or on
behalf of, Develec. |
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Use of Services |
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3.2 |
You agree that you will
not, in any way, whatsoever,
use and / or access, and
/ or facilitate the use
and / or access to, any
and / or all services including
but not limited to email,
Usenet, web site hosting,
and the like supplied by
Develec for any of the following
purposes: |
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Spam |
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3.2.1 |
The sending of unsolicited
or bulk email and / or commercial
messages (also known as
spamming). Genuine messages
sent to current or potential
clients who have specifically
agreed (by means of an opt-in
list) to receive such messages
are excluded. Develec has
the discretion to decide
whether any practice or
mail is deemed to be spam
and you agree to abide by
Develec's determination
and to cease such practice
forthwith, on demand; |
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Hacking |
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3.2.2 |
Any attempt whatsoever to
circumvent any security
device including but not
limited to passwords and
the like in order to gain
access to, including but
not limited to viewing,
disseminating, modifying
and / or deleting any data
or programme whatsoever
which is not intended to
be accessed in such fashion
by you. This includes but
is not limited to hacking,
precursor attempts to penetrate
systems including but not
limited to port scans, stealth
scans and / or other information
gathering activities; |
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Pornography |
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3.2.3 |
The dissemination and /
or storage of data including,
but not limited to text,
images, whether moving or
otherwise which are, in
the sole and unfettered
discretion of Develec deemed
to be lewd, obscene or pornographic.
You further specifically
agree to remove same forthwith
on demand; |
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Intellectual Property |
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3.2.4 |
Engaging in any activity
that infringes on or misappropriates
the intellectual property
of others including but
not limited to copyright,
trademarks, trade secrets,
patents and / or software
or music piracy; |
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Abuse |
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3.2.5 |
Engaging in defamatory,
abusive, slanderous, threatening
and / or libellous language
and / or activities; |
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Forging |
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3.2.6 |
The forging or misrepresentation
of any message header whether
in whole or in part in order
to conceal or mask the originator
of such message; |
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Viruses |
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3.2.7 |
Knowingly distribute any
virus, worm and / or Trojan
Horse. You specifically
agree to take all reasonable
steps to prevent such distribution
or infection; |
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Denial of Service |
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3.2.8 |
Attempt to or facilitate
any disruption and / or
reduction in the efficacy,
operation and / or speed
of any communication and
/ or the operation of any
network device, including
but not limited to any server
and / or computer, connected
to the Internet by means
of pinging, flooding, mail-bombing,
denial of service attacks
and the like; |
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Lawfulness |
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3.2.9 |
Use any service or facility
supplied by Develec to commit
any act that is contrary
to international law and
/ or the law of South Africa
and / or Great Britain. |
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Disclaimer |
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3.3 |
You agree that notwithstanding
anything to the contrary
contained herein, to hold
Develec harmless for any
loss and / or damages, whether
delictual (tort), vicarious,
based upon any contract,
negligence, gross negligence
or otherwise, arising from
any use and / or misuse
of the services as contemplated
herein or any other cause
whatsoever or howsoever
arising, which cause relates
to your use in any way,
whatsoever, of any of the
services supplied by Develec. |
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Suspension |
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3.4 |
You specifically agree that
Develec may, at its sole
and unfettered discretion,
suspend any service and
/ or delete and / or edit
any data, in part or in
its entirety, which is,
or is in the sole and unfettered
discretion of Develec, amounts
to an abuse in any way whatsoever
of the service provided
by Develec, forthwith and
without notice. |
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Payments |
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4. |
You agree that you will
pay Develec, monthly in
advance, the full amount,
including VAT and free of
deduction, for the service/s
you have ordered from Develec.
Payment in full and in advance
is cleared payment, available
as cash, received by Develec,
or deposited into a bank
account nominated by Develec
on or before the first day
of the month during which
such services are to be
provided, the one paying
the other to be absolved. |
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Failure to make payment |
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4.1 |
Should you neglect, refuse
and / or fail to make any
payment as aforesaid, Develec
may, without notice, in
its sole and unfettered
discretion, suspend any
and or all of the service/s
it supplies to you in whole
or in part, until such amount
is received. You specifically
agree that should any service/s
be suspended, you are and
remain liable for payment
for such service as if such
service/s was supplied during
the period of such suspension
until such service/s is
/ are terminated in accordance
herewith. Develec may institute
proceedings in any court
of competent jurisdiction
to recover any and / all
amounts outstanding. |
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Banking Details |
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4.2 |
Develec shall inform you
of its banking details and
your account number, which
details and / or account
number may change from time
to time. The abovementioned
account number must be inserted
into the "depositor's note
field" on the deposit slip
or Internet transfer so
that it reflects on Develec's
bank statement. Your failure
to properly identify your
payment as aforesaid may
result in the inadvertent
suspension of your service/s
as provided for above as
your payment may not be
credited to your account. |
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Usage |
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4.3 |
Any failure by you to make
use of all and / or any
portion of the services
requested by you and supplied
and / or made available
to you by Develec shall
not entitle you to any reduction
in the amount to be paid
for such facility. |
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Copies and Backups |
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5 |
You agree that you will
keep a copy of any web site,
data, information and the
like hosted by Develec on
your behalf and should any
data, information, web site
be lost for any reason whatsoever,
you stand prepared to restore
such data, information and
the like. You acknowledge
that whilst backups are
made of the data on the
server from time to time,
Develec assumes no responsibility,
and you hold Develec harmless
from any data loss, loss
of service, losses or damages
flowing therefrom or from
any cause, howsoever arising. |
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Severability |
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6. |
Should any clause herein
be finally declared invalid
in law, such clause shall
be invalid and shall be
severed from this agreement
in such way as to affect
the intention of the parties
to the least extent possible
whilst leaving this agreement
in a state that is valid
in law. The remainder of
the agreement shall remain
and continue in full force
and effect. |
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Governing Law |
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7. |
This agreement shall be
governed in all respects
by the laws of South Africa
and the parties agree to
submit to the jurisdiction
of the Magistrates' Court
having jurisdiction regardless
of the amount in dispute
provided that such jurisdiction
is not specifically excluded
by law, in which event,
the parties may approach
any Court of competent jurisdiction. |
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Variation |
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8. |
Notwithstanding anything
to the contrary contained
herein, Develec reserves
the right to change these
terms and conditions, including
but not limited to the services
and / or facilities provided
under any plan, from time
to time, without notice
other than to publish such
amended terms and conditions
on Develec's web site whereupon,
you agree to be bound by
such amended terms and conditions.
Should you be materially
affected by and having good
cause to dispute such amendment/s,
you may withdraw from making
use of Develec's hosting
plans on one calendar month's
notice to Develec, given
within two calendar months
of the publication as aforesaid
of such amendment/s in which
event, you shall not be
bound by such amendments
but shall remain bound by
the terms and conditions
that were in effect immediately
prior to such amendment/s. |
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Pricing |
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9. |
Develec may, from time to
time, vary the prices of
the services that it offers,
without notice other than
to publish such variation
in prices on Develec's web
site. Should you dispute
such variation in prices,
you may withdraw from making
use of Develec's hosting
plans on one calendar month's
notice to Develec, given
within two calendar months
of the publication as aforesaid
of such variation in which
event, you shall not be
bound to pay such variation
but shall remain bound to
pay such costs that were
in effect immediately prior
to such amendment/s. |
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VAT |
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10. |
Develec is a registered
VAT Vendor and you acknowledge
that you are aware that
all prices on this web site
are exclusive of VAT and
that you will pay Develec
the price and the VAT thereon
at the applicable rate (currently
14%) for any service/s that
you may purchase from Develec.
Should you be a VAT Vendor,
you agree to supply Develec
with your VAT Number so
that it can be included
on your tax invoices. Develec's
VAT Registration Number
is 4790166088. |
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Termination |
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11. |
Either party may, by the
giving of one calendar month's
notice to the other, terminate
any and / or all service/s.
Develec shall continue to
provide the service/s and
you agree to pay all fees
until the end of the notice
period regardless of whether
the services are actually
used or not unless the contrary
is agreed to, by both parties,
in writing. |
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Interruption of Service |
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12. |
Should it be impossible
for Develec to provide the
service/s for any reason
whatsoever including but
not limited to force
majeur, failure of equipment,
software, virus or other
attack and the like, your
exclusive remedy shall consist
of a rebate or refund of
the costs of the service/s
pro rata for the
period such service/s were
interrupted. You acknowledge
that you are able to procure
alternative hosting and
thus shall suffer no damage
whatsoever or howsoever
caused or arising and hold
Develec harmless against
any such claim/s. |
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Right of Refusal |
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13. |
Develec may at its sole
and unfettered discretion
refuse to provide the service/s
contemplated herein to any
person. |
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Location of Service |
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14. |
Develec may, in its sole
and unfettered discretion
provide the services contemplated
herein on any computer/s
or server/s situate in any
country or place, and /
or under the control of
any person/s it sees fit
and reserves the right to
change any and / or all
such computer/s, server/s,
country and / or person/s,
whenever it, in its sole
and unfettered discretion,
deems necessary. |
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General |
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15. |
15.1 |
Words importing the singular
shall include the plural
and vice versa. |
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15.2 |
Words importing the masculine
shall include the feminine
and vice versa. |
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15.3 |
Reference to persons shall
include natural persons
and bodies corporate. |
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15.4 |
Notice may be given by email
provided that such notice
is acknowledged by the recipient.
Alternatively notice shall
be given to you by pre-paid
registered post, addressed
to the last given postal
address or to Develec by
pre-paid registered post
to P.O. Box 46994, Glosderry,
7702. Any such notice posted
shall be deemed, unless
the contrary is proved,
to have been received fourteen
consecutive days after posting. |
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15.5 |
You agree that your Physical
Address as supplied in your
electronic application shall
serve as your domicillium
citandi et executandi
for all process. |
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15.6 |
These terms and conditions
shall be deemed to have
been agreed to within the
jurisdiction of the Wynberg Magistrates' Courts
and the Cape Provincial
Division of the High Court
situate in Cape Town. |
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