INTDEV INTERNET TECHNOLOGIES FAX TO TERMS AND CONDITIONS

Transcription

1 LEGAL NOTICES INTDEV INTERNET TECHNOLOGIES FAX TO TERMS AND CONDITIONS This agreement, governs the terms and conditions of use of fax services, between the user as an authorized user of such services, and Intdev Internet Technologies. The service is known as Fax to (receiving faxes) and Fax Out (sending faxes). Users are requested to read this page carefully. If a user does not accept the terms and conditions stated herein, then the user is requested not to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the Intdev Internet Technologies webpage. Users should visit the Intdev Internet Technologies webpage periodically to review the terms and conditions, as they are deemed to be binding once the user commences using the services. This agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time, constitutes the entire agreement between Intdev and user regarding fax services, and supersedes all prior agreements between the parties regarding the subject matter of this agreement. By using fax services, users confirm acceptance of, and agree to be bound by, this agreement. If users begin the sign up process for fax services and accept the invitation but fail to complete the process, Intdev may contact the user from time to time via in an effort to help successfully guide the user through this process. Users hereby authorize Intdev to make such contact, even if the user ultimately decides not to sign up for the fax services. When a sending party sends a fax to a specific number within the Intdev allocated number ranges, the Intdev system shall, on receipt of the fax, transmit the fax/attachment (.tiff/.pdf) to the address assigned to the number; When using the Fax Out services, provided all conditions of payment have been met as contemplated in these Terms and Conditions, the Intdev system will receive an attachment via an /software application ( to fax or print to fax) and deliver the message via the internet, PSTN network or GSM network or a combination thereof to the number provided by user. The agreement shall commence upon the effective date and shall endure for as long as the user is subscribed to the service. Notwithstanding anything contrary to what is stated in this agreement, either party shall be entitled to terminate this agreement on not less than one month s notice to the other delivered via . This agreement shall endure indefinitely unless cancelled by either party. The user acknowledges that ICASA and/or Telkom reserves the right to withdraw the number allocated. Whilst it is not anticipated that this event will materialise, the user indemnifies Intdev and holds Intdev harmless against any claims that the user might have out of any special or incidental loss arising therefrom. The user shall not commit nor attempt to commit any act or omission which directly or indirectly: Damages in any way, Intdev technical infrastructure or any part thereof Impairs or precludes Intdev from being able to provide the Service/s in a reasonable and business like manner Constitutes an abuse or malicious misuse of the Service/s Or is calculated to have the abovementioned effect

2 In such an event, should Intdev incur expenses to remedy the situation, Intdev reserves the right to charge the user any amount necessary to cover Intdev s additional expenditure. Notwithstanding the above, Intdev reserves the right to take any other appropriate action it may deem necessary to remedy the situation. The user is prohibited from selling, reselling or otherwise dealing with the service/s in any manner whatsoever. Without limitation to the foregoing, any consideration, which the user may receive whilst acting in breach of this prohibition, shall be forfeited to Intdev. The user is prohibited from allowing any person other than its employees or other authorised parties, access to the service/s through any of user s equipment, personnel and/or mail address/s. The user may not use the services in any way that may be contrary to the telecommunications act(s) and/or the law of South Africa that may negatively affect the business of Intdev. The user acknowledges that Intdev has no obligation to assist the user in this regard. If Intdev interrupts or cancels the service to the user, as it would be entitled to do if the user is in default of any of his/her obligations in this agreement, under no circumstances may the user resile from this agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Intdev, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alter) under this agreement to Intdev. The user agrees to pay all charges for use of Fax Out services at the price stipulated on Intdev. All charges will be exclusive of value added tax ( VAT ). Intdev reserves the right to change prices or institute new charges for access to or use of Fax Out services. All changes will be posted by Intdev at Intdev website and the user is responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Intdev services or non termination of the users fax account after changes are posted constitutes user acceptance of the prices as modified by the posted changes. The user is responsible for and agrees to pay to Intdev all fees for the service/s specified in the cost schedule/s in South African currency, without deduction or set off of any amount of whatsoever nature or for whatsoever reason. Intdev shall be entitled from time to time on 30 (thirty) days prior notice thereof to the user to increase the monthly fees referred to in the Cost Schedules. Intdev reserves the right to suspend or terminate the service without notice upon rejection of any card charges or if the users card issuer (or its agent or affiliate) seeks return of payments previously made to Intdev when Intdev believes the user is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Intdev. Intdev does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the service and all warranties, which are implied or residual at common law, are hereby expressly excluded. Without limitation to the generality of the above, Intdev does not warrant or guarantee that the information transmitted by or available to the users by way of the service: will be preserved or sustained in its entirety; will be delivered to any or all of the intended recipients or will be delivered within a particular time; will be suitable for any purpose; will be free of inaccuracies or defects or bugs or viruses of any kind or, will be secured against intrusion by unauthorized third parties; Intdev assumes no liability, responsibility or obligations in this regard. The allocated number must be used in order to satisfy the Regulator (ICASA) that the number is not dormant. Intdev shall deem sufficient usage to mean an allocated number must receive at least one fax per month. Should a number so allocated not receive one fax per month, Intdev reserves the right to cancel such number and withdraw the number from the user and re allocate the number to a new user. The user accepts that from time to time, Intdev may advertise on the fax receipt or attachments in order to keep the fax receiving service free of charge to the user. Except as otherwise expressly provided herein to the contrary, Intdev shall not be liable to the user or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted

3 against Intdev or against the user by any party, arising directly or indirectly out of the service, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be. Notwithstanding anything to the contrary contained herein, Intdev shall not be liable and bears no responsibility for any loss, cost, expense or damages suffered pursuant to or as a result of the failure of any telephone network or by any Network provider including the PSTN provider. The user hereby indemnifies Intdev against and holds Intdev harmless from any claim by any third party arising directly or indirectly out of access to or use of the service or information obtained through the use thereof or in respect of any matter for which the liability of Intdev is excluded. Because of the need to conduct maintenance, repairs and/or improvement work from time to time on the technical infrastructure by means of which the service is provided, the provision of the services may be suspended from time to time, and all liability on the part of Intdev of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded, and the provisions of this clause shall apply mutatis mutandis to such exclusion. Intdev software and services are provided as is, and neither Intdev nor any of its licensors or service providers makes any express or implied representations or warranties to the user regarding the usability, condition or operation thereof. Intdev does not warrant that access to, or use of services will be uninterrupted or error free, or that Intdev software or services will meet any particular criteria of performance or quality. Intdev and each of its licensors and service providers expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non infringement, compatibility, security or accuracy. Use of fax and all other Intdev software and services is at users own risk. Users assume full responsibility and risk of loss resulting from users downloading and/or use of files or other material (including Intdev software) obtained either directly or indirectly from Intdev. Users agrees that neither Intdev nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of users use of or inability to use fax or any other Intdev software or services, and users hereby waive any claims with respect thereto, whether based on contractual, or other grounds, even if Intdev or any such licensors or service providers has been advised of the possibility of damages. Neither Intdev nor any of its licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of Intdev or any such licensor s or service provider s control which could lead to the interruption of data delivery services to the user s address, telephone or any other receiving devices or third party data storage and/or delivery services. Users will not rely on any representation or warranty, expressed or implied, made by any person other than an authorized officer of Intdev, in evaluating the fax service or any other services and/or products of Intdev. Users agree to indemnify Intdev and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys fees) and damages arising out of claims based upon the use of the users Intdev account, including any violation of this agreement by the user or any other person using the user account, any claim of defamation, violation of rights of privacy or publicity, any loss of service by other users, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting the transmission of unsolicited faxes. If the user breaches any of the terms or conditions of this agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from Intdev, then Intdev shall have the right, without prejudice to any other right, which it may have against the user to: Suspend or terminate the service; and/or treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement, and to claim such amounts as well as any other amounts in arrears including interest, and to cease performance of its obligations hereunder as well as under any other contract with the user until the user has remedied the breach. The user shall be liable for all costs incurred by Intdev in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution

4 of legal proceedings, or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment. Notwithstanding anything set out herein, all intellectual property (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the services provided under this agreement shall belong to Intdev. The user warrants that it shall at no time, have any right, title or interest in/to the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with any of Intdev proprietary information. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising Intdev service are wholly owned by Intdev and/or its licensors and service providers except where expressly stated otherwise. Users further understand and agree that the user is not the owner of any number assigned to the user by Intdev and or by the Intdev website. Ownership of any such number is vested solely in an Agreement between Telkom and ICASA, Intdev and NGN (which will assign such number to the user for the users use during the term of this agreement). Users understand and agree that following the termination of the users Intdev account for any reason, such number may be re assigned immediately to another user, and the user agrees that Intdev will not be liable for damages (including consequential or special damages) arising out of any such re assignment, and users hereby waive any claims with respect to any such re assignment, whether based in contract or other grounds, even if Intdev has been advised of the possibility of damages. Users further understand and agree that Intdev may from time to time need to change Intdev number assigned to the user (whether due to an area code split or any other reason whether outside or within Intdev s control). Users agree that Intdev will not be liable for damages (including consequential or special damages) arising out of any such change in Intdev number assigned to the user, and the user hereby waives any claims with respect to any such change, whether based in contract, or other grounds, even if Intdev has been advised of the possibility of damages. Intdev shall not be liable for non performance under this agreement to the extent to which the non performance is caused by events or conditions beyond the control of Intdev, provided that Intdev makes all reasonable efforts to perform. It is expressly recorded that for purposes of this clause the following shall be included in circumstances beyond the control of Intdev and the force majeure provisions shall apply: A PSTN provider fault that affects the service; and/or the non performance, inability to perform or delay in performance by the PSTN provider relating to the provisioning of equipment, services and/or facilities to Intdev that affects the service; and/or Acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire. Intdev may automatically amend this agreement at any time by (a) posting a revised user agreement on Intdev website, and/or (b) sending information regarding the amendment to the address the user provided to Intdev. The user is responsible for regularly reviewing Intdev website to obtain timely notice of such amendments. Users shall be deemed to have accepted such amendments by continuing to use Intdev services after such amendments have been posted, or information regarding such amendments having been sent to the user, otherwise, this agreement may not be amended except in writing and signed by both the user and Intdev. Intdev reserves the right to modify or discontinue any of the services with or without notice to user. Intdev shall not be liable to users or any third party should Intdev exercise its right to modify or discontinue the services. As part of the registration process, users will be required to provide an address, and a password will be generated and sent to the user. Once the user becomes a registered user, the users fax number will be automatically sent to the user by . The user may change the user s password and set a password to protect the user s faxes after logging in to Intdev website. The user is entirely responsible for failing to maintain the confidentiality of the user s password, fax number and account information. Furthermore, the user is entirely responsible for any and all activities that occur under the user s account. The user agrees to immediately notify Intdev of any unauthorized use of the user s account or any other breach of security known to the user. The parties acknowledge having read and understood this agreement and are not entering into this agreement on the basis of any representations not expressly set forth in it.

5 Payment Options All transactions will be processed in South African Rands (ZAR) Credit Card We accept Visa and MasterCard credit cards. Your credit card details (name on card, number, expiry date and last 3 digits of the number on the back of your card) will be requested by our acquirer, Virtual Card Services, in order to process your transaction. Intdev does not have access to this information. If you do not have a credit card, please utilize one of the other payment options to complete your order. Please note: You cannot use your debit card to pay on If your credit card authorization fails, you will be notified as to the reason. Kindly us or phone customer support on for assistance. Virtual Card Services 1. Virtual Card Services process all credit card transactions on behalf of Intdev. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information. 2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems. 3. The Merchant does not have access to credit details. 4. Virtual Card Services continually reviews and enhances its security in line with technological changes. Refunds Policy The successful completion of a payment for value added services on the Intdev system involves several steps, and it is therefore deemed unlikely that a payment for services will be made in error. It is therefore a standard policy of Intdev not to automatically process refunds for purchases of value added services. In the unlikely event that a payment has been deemed to be made in error, and at the sole discretion of Intdev, and an application for a refund may be made in writing to Intdev at the address listed on this website. Delivery policy There are no additional charges for delivery of our value added services. Once your order has been processed through the acquiring bank, the billing account against which the payment was made will be credited in order for you to utilise the available value added services on offer. Direct deposits and Electronic Funds Transfers can take between 1 to 5 working days to reflect on our system. Monitoring We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). Law The conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.