ZSD (Zomerlust Systems Design, 1997/001/363/23, trading as "ZSD)
All services and goods supplied by ZSD will be supplied
on the basis of the following terms and conditions, unless
an alternate written contract is entered into by ZSD.
|
|
Acceptable Usage Policy:
|
|
Users of ZSD's services are expected to abide by ZSD's
"Acceptable Usage Policy" as posted on ZSD's web site at
http://www.zsd.co.za/legal/aup.html
This policy may be amended from time to time and such
amendments published on this website. It is incumbent on
Users to read the policy and to monitor it for such
changes. ZSD reserves the right to discontinue service at
ZSD's sole discretion, with or without warning, if ZSD
believes this policy has been violated.
|
|
Termination of Services:
|
|
Services paid on a monthly basis must be cancelled with 14
days notice prior to invoice date to avoid charges for the
following month. Services paid quarterly, half yearly or
annually, may be cancelled at any time. ZSD will refund, any
portion of fees paid in advance of the termination date. The
fees payable will be calculated by applying half yearly,
quarterly, monthly and pro-rata monthly tariffs to the
completed portion of the contract. ZSD reserves the right to
unilaterally terminate the provision of services without
furnishing reasons.
|
|
Limitation of Liability:
|
|
ZSD's liability to any customer is limited to the refund of any fees paid
in advance of the termination date. No other liability is accepted
by ZSD for any reason whatsoever. In particular no liability will
be accepted for consequential losses suffered as a result of the use
of this service. No guarantees are given with regards to service
availability. No guarantees are given with regards to the security of
information stored transmitted or made accessible via ZSD's systems. No
liability is accepted for any damage to customers hardware or software
as a result of using ZSD's services, work performed by ZSD, or work
performed on the basis of ZSD's advice. No liability is accepted for
loss or damage to customers hardware or software which is transported by
ZSD or stored on ZSD's premises for any reason.
|
|
Registration of Domains:
|
|
When requesting ZSD
to register any domain name, customers agree that ZSD may act as their
agent on their behalf and may enter into necessary agreements with
domain registrar's on their behalf. Customers further agree to comply
with all terms and conditions which may apply to the domain name requested.
Details of registration requirements of common domains may be found
on
http://www.zsd.co.za/legal/domains.html
|
|
Tarrifs:
|
|
Details
of tariffs and services are subject to change without advanced notice.
The tariffs quoted in this document are based on a "normal" system
usage. Certain maximum data volumes or connection times may be stipulated.
If the system usage differs from that anticipated at the time of the
quote, ZSD reserves the right to renegotiate the tariff for future
services. "Single user" accounts are for use by the applicant, his/her
immediate dependents and or his/her employees, from a single computer
and modem, only.
|
|
Commercial Terms:
|
|
All rates are quoted exclusive of VAT, unless specifically
stated otherwise. Provision of hardware and software licenses
is payable strictly C.O.D. Software set up fees are payable 7
days net. Internet access fees are payable in advance. Monthly
fees will be charged for on a single invoice, payable on the
1st day of every month. Services set up in mid-month will be
charged pro-rata for the first month.
Late payments may lead to the suspension of services. If
services are suspended, a re-connection fee equal to one
month's subscription of all the services you are subscribed
to, will be payable to get reconnected. Interest, at a rate
equal to that payable by ZSD to their bank for short term
loans + 3% will be charged on overdue accounts. If ZSD choses
to waiver these charges or any other condition of this
contract it will not constitute a waiver of ZSD's rights in
terms of this contract, or any other of their rights.
Users are liable for supplying all hardware and software (including licence fees)
required to connect to ZSD, except where the supply of these is explicitly contracted
for by ZSD. Users are liable for all telecommunication costs required to connect with
ZSD. No web page development, or user training is included, unless
explicitly contracted for by ZSD.
All goods supplied by ZSD shall remain the property of ZSD
until paid in full. Unpaid goods may not be sold or disposed of
without written consent from ZSD. Payments received from customers
shall be credited to outstanding amounts in the following
order: first, oustanding interest charges, then outstanding
subscription charges, outstanding once off consulting and
setup fees and finally the payment of goods supplied.
|
|
Electronic Banking:
|
|
By Supplying your bank details, you hereby authorise ZSD to
draw against your accounts detailed (or any other bank or
branch to which you may transfer your account) all amounts
deemed owing by ZSD.
|
|
Foreign Currency Fluctuations and Bank Charges:
|
|
Foreign
domain registrations and other services specified as such, are subject
to foreign currency fluctuations. The Rand amount invoiced will be
adjusted to reflect the exchange rate prevailing at the time ZSD makes
these foreign payments. Application of these adjustments may be waived,
at ZSD's discretion, if the adjustment is less than 10%. All bank
charges associated with foreign currency transactions and payments
from foreign banks be for the clients costs.
|