These terms and conditions are the contract between you and Interology Network Services (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are Interology Network Services a company registered in South Africa, number 2007/220678/23.
Our address is 11 North Road, Illovo, Sandton, South Africa
VAT Registration Number: 4090243462
You are: Anyone who uses Our Website or buys any service from us.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
These are the agreed terms
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, know-how, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Interology Network Services. It includes all of the hardware and software installations that enable our website to function.
“Post” means place on or into Our Website any Content or 3 © NL Document Library Ltd material of any sort by any means.
“Services” means all of the services available from Our Website, whether free or charged.
In this agreement unless the context otherwise requires:
2.1. the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.2. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to
do that same thing.
2.3. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this
agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Basis of Contract
3.1. In entering into this agreement you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we
charge from time to time.
3.3. You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and
satisfactory for your requirements.
3.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5. Our contract with you and licence to you last for [one year from the date of start / payment]. Any continuation by us or by you after the
expiry of one year is a new contract in the terms then shown on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.6. The contract between us comes into existence when we receive payment from you for a Backup as a Service.
3.7. We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.7.1 the change will take effect when we Post it on Our Website.
3.7.2 we will give you notice of the change. If you do not accept the change, we will refund the money you have paid for the Service to date.
3.7.3 if you make any payment for Services or goods in the future, you will do so under the terms Posted on Our Website at that time.
4. Your account and personal information
4.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5. The price
5.1. The prices payable for Services are clearly set out on Our Website.
5.2. The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside
in the qualifying country.
5.3. Prices are inclusive of any applicable value added tax or other sales tax.
5.4. If, by mistake, we have under-priced a Service, we will not be liable to supply that Service to you at the stated price, provided that we notify
you before we provide it to you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. All monies paid by you to us are non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
6. Security of your credit card
We take care to make Our Website safe for you to use.
6.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
7. If you buy as a consumer
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002 (“the Act”).
7.1. For all purposes at law, the contract between us is not made until you have agreed these terms, whether via Our Website or in hard copy,
and we have agreed in writing to provide the Service you want.
7.2. Whether or not you have paid any money to us at that time is neither relevant to the start of the contract or your right to cancel.
7.3. The contract is not made automatically at the point when you have agreed to these contract terms. That is merely your offer. The contract
is made later, when we accept and agree to provide the Service you want.
7.4. Most customers want us to supply a Service before the expiry of the 7 days cancellation period. Our business system therefore operates on the basis that we supply a Service as soon as we can, without waiting for the 7 days cancellation period to expire.
7.5. Before we agree to supply a Service, we therefore ask that you give up your right to cancel, as the law allow. If you do not agree, we shall not be able to Work for you within 7 days of receiving your order.
7.6. So far as our Service is continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you
any money paid after deduction of an appropriate amount to cover any part of the Service we have supplied, including work we may not by then have told you about.
8. How we handle your Content
undergone on Our Website will be managed confidentially , in accordance with our standard procedures and will be deleted from our system after 3 months.
8.2. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what
anyone does with it.
8.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
8.4. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and
licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
8.5. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable
period of time.
8.6. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1978.
8.7. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your
rights for you.
8.8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law,
which may occur as a result of any Content having been Posted by you;
8.9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
8.10. Please notify us of any security breach or unauthorised use of your account.
9. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
9.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
9.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
9.3. download any part of Our Website, without our express written consent;
9.4. collect or use any product listings, descriptions, or prices;
9.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
9.5.1 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
9.6. Despite the above terms, we now grant a licence to you to:
9.6.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
9.6.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
10. Interruption to Services
10.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down
time is such as to justify telling you.
10.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
10.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
11. Intellectual Property
You agree that at all times you will:
11.1. not to cause or permit anything which may damage or endanger our title to the Intellectual Property;
11.2. us of any suspected infringement of the Intellectual Property;
11.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
11.4. not use any name or mark similar to or capable of being confused with any name or mark of ours;
11.5. far as concerns software provided or made accessible by us to you, you will not:
11.5.1 copy, or make any change to any part of its code;
11.5.2 use it in any way not anticipated by this agreement;
11.5.3 give access to it to any other person than you, the licensee in this agreement;
11.5.4 in any way provide any information about it to any other person or generally.
11.6. not use the Intellectual Property except directly as anticipated by us in provision of the Services.
12. Disclaimers and limitation of liability
12.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3. Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
12.3.1 useful to you;
12.3.2 of satisfactory quality;
12.3.3 fit for a particular purpose;
12.3.4 available or accessible, without interruption, or without error.
12.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information
you take from Our Website.
12.5. We make no representation or warranty and accept no responsibility in law for:
12.5.1 accuracy of any Content or the impression or effect it gives;
12.5.2 delivery of Content, material or any message;
12.5.3 privacy of any transmission;
12.5.4 third party advertisements which are posted on Our Website or through the Services;
12.5.5 the conduct, whether online or offline, of any user of Our Website or the Services;
12.5.6 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
12.5.7 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
12.5.8 any aspect or characteristic of any goods or services advertised on Our Website;
12.6. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 3 months period for the Services concerned.
12.7. We shall not be liable to you for any loss or expense which is:
12.7.1 indirect or consequential loss; or
12.7.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
12.8. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
12.9. If you become aware of any breach of any term of this agreement by any person, please tell us by email firstname.lastname@example.org. We welcome your input but do not guarantee to agree with your judgement.
13. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
13.1. your failure to comply with the law of any country;
13.2. your breach of this agreement;
13.3. a contractual claim arising from your use of the Services
13.4. a breach of the intellectual property rights of any person;
13.5. and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at R 1150.00 per hour without further proof.
14. Miscellaneous matters
14.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated
as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
14.4. If you are in breach of any term of this agreement, we may:
14.4.1 publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
14.4.2 terminate your account and refuse access to Our Website;
14.4.3 remove or edit Content, or cancel any order at our discretion;
14.4.4 issue a claim in any court.
14.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
14.6. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
14.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has
last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
14.8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good
faith with the other in a process of mediation before commencing arbitration or litigation.
14.9. This agreement does not give any right to any third party.
14.10. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
14.11. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.