Afridesign Terms & Conditions

1. COMMENCEMENT, DURATION AND TERMINATION

The agreement shall commence upon acceptance of the application form by the client and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other party to that effect.

2. PAYMENT

2.1.1. All fees payable in terms of this agreement shall be payable in advance. AFRIDESIGN shall at the beginning of every month withdraw any monthly fees and any other fees payable from the accounts as specified in this agreement and/or invoice the client in respect of the monthly fees and/or any other fees payable in terms of this agreement. In those cases where the relevant application form indicates otherwise, payment shall be made in terms of the application form.
2.2. There shall be no obligation on AFRIDESIGN to send invoices and/or statements to the client indicating what monthly amounts are due by the client to AFRIDESIGN. The client shall not be entitled to invoke the defense that the monthly fees payable for services in terms of this agreement have not been paid due to late or non-receipt of monthly invoices and/or statements.
2.3. No set-up fees paid by the client to AFRIDESIGN in terms of this agreement shall be refundable.
2.4. During the first month of the agreement, the client shall be charged on a pro rata basis for services provided during that month.
2.5. AFRIDESIGN shall be entitled to increase any charges payable by the client on thirty days notice, which may include e-mail notification.
2.6. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilised less than any minimum bandwidth specified.
2.7. Should the client fail to pay any amount owing to AFRIDESIGN on due date, AFRIDESIGN shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
2.8. In the event that the client's payment is stopped, unmet by its bank or returned unpaid, AFRIDESIGN shall be entitled to charge the client a processing fee of R150,00 per failed payment, along with all other fees outstanding and any legal costs incurred.
2.9. In addition to the foregoing, AFRIDESIGN shall be entitled to charge interest at a rate of 2% per month above the prime bank rate of interest quoted by Nedbank of South Africa on any amounts payable by the client to AFRIDESIGN and not paid within fourteen days of due date.
2.10. The client shall be liable for any and all expenses incurred by AFRIDESIGN on an attorney and client scale whether incurred prior to or during institution of legal proceedings or if judgement has been granted, in connection with the satisfaction of such judgement, in regards to the enforcement of this agreement.
2.11. The client agrees that in the event that any amounts are owing to AFRIDESIGN by the client and AFRIDESIGN being in possession of any of the client's property, AFRIDESIGN shall have a bona fide lien over such property and shall have the right to retain such property until all outstanding amounts have been paid to AFRIDESIGN.

3. MONITORING AND TERMINATION RIGHTS

3.1. The client acknowledges that AFRIDESIGN has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of, the client's content as hosted by AFRIDESIGN and/or published by the client on the client's web site and/or the client's web server (whether owned by the client or rented from AFRIDESIGN) and/or published otherwise through use of any of AFRIDESIGN's products or services and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on AFRIDESIGN, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of AFRIDESIGN, its affiliates, and its business partners.
3.2. Accordingly the client agrees, if AFRIDESIGN in the exercise of its sole discretion is of the opinion that the client's content is offensive, unlawful, or harmful, as set out above, that AFRIDESIGN, without derogating from any of its other rights in terms of this agreement, may:

3.2.1. request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
3.2.2. request the client forthwith to amend or modify the content; or
3.2.3. without notice terminate access to the client's web site and/or the client's server (whether owned by the client or rented from AFRIDESIGN) and/or suspend or terminate access to AFRIDESIGN's products or services; or
3.2.4. without notice delete the client's web site from the server; or
3.2.5. without notice remove the client from SMS CONSOLE, the AFRIMARKETER or any other web property owned or administered by AFRIDESIGN.

3.3. The client agrees that nothing that AFRIDESIGN does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by AFRIDESIGN for the client's content and the publication thereof, whether or not AFRIDESIGN had knowledge of such content and the client hereby indemnifies AFRIDESIGN and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client's content as well as any other data of the client.
3.4. AFRIDESIGN shall use all reasonable endeavours to notify the client of any action taken in terms of clause 3.2 above, but does not warrant that notice shall be given to the client prior to such action being taken.

4. DISCLAIMER FOR LIABILITY

4.1. The client shall have no claim against AFRIDESIGN and the client hereby indemnifies and holds AFRIDESIGN free from liability in respect of any loss, damage or cost caused by or arising from:

4.1.1. any fact or circumstances beyond the reasonable control of AFRIDESIGN; or
4.1.2. any downtime, outage, interruption in or unavailability of any of the services or the AFRIDESIGN network infrastructure as a result of or attributable to any of the following causes:

4.1.2.1. software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
4.1.2.2. the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
4.1.2.3. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client's server or the AFRIDESIGN network is connected;
4.1.2.4. the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client's services or any faults or defects of whatever nature in such hardware;

4.1.3. any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
4.1.4. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
4.1.5. the damage, contamination or corruption of any kind of the client's data, material, information and/or content howsoever occasioned;
4.1.6. any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client's hardware, software or systems by any party other AFRIDESIGN;
4.1.7. without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if AFRIDESIGN has substantially performed its obligations under this agreement.
4.2. Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against AFRIDESIGN and the client hereby indemnifies and holds AFRIDESIGN free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
4.3. AFRIDESIGN reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the AFRIDESIGN network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the AFRIDESIGN network.
4.4. Although AFRIDESIGN shall use reasonable endeavours to provide disaster recovery, AFRIDESIGN does not specify any recovery time, nor shall AFRIDESIGN be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of AFRIDESIGN's failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.

5. MAINTENANCE AND REPAIR

AFRIDESIGN may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of AFRIDESIGN's services. Where the circumstances permit, AFRIDESIGN shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond AFRIDESIGN's control.

6. INTELLECTUAL PROPERTY

6.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor's respectively.
6.2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as "marks") of AFRIDESIGN without the prior written approval of AFRIDESIGN. The client hereby grants AFRIDESIGN a non-exclusive licence to use the client's marks but only to the extent necessary or required by AFRIDESIGN to exercise its rights or fulfill its obligations under this agreement.
6.3. Other than specifically provided in this agreement, AFRIDESIGN shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the AFRIDESIGN network infrastructure, the AFRIDESIGN e-commerce network infrastructure, AFRIDESIGN's business and the provision of any of the services in terms of this agreement.

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Privacy Policy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:

• Name
• Address
• Email address
• Phone number
• Credit/Debit Card information
• etc.

The Way We Use Information:

We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.

Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)

We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.

We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.

This site contains links to other sites. AFRIDESIGN is not responsible for the privacy practices or the content of such Web sites.

Information provided via a form on the AFRIDESIGN web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.

Affiliated sites, linked sites and advertisements

AFRIDESIGN expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a Afridesign page, certain content that is actually created or hosted by a third party. Also, through Afridesign you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. AFRIDESIGN is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. AFRIDESIGN does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of AFRIDESIGN and this policy.

Children

AFRIDESIGN does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe AFRIDESIGN has any information from or about anyone under 13, please contact us at the address listed below.

Changes to this Policy

AFRIDESIGN reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

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Bulk SMS, SMS Competitions, & SMS Campaign Manager Terms

1. SMS CONSOLE SUBSCRIBER TERMS AND CONDITIONS AGREEMENT

By selecting the "I agree to the terms and conditions" checkbox on the website the subscriber hereby agrees to the following terms and conditions.

In this Agreement, unless the context indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings:

1.1. "Activation" means the enabling of a SMS CONSOLE Service by the Provider to the Subscriber to operate on the Network in terms of this Agreement;
1.2. "Agreement" means the terms and conditions and (where applicable) any schedule to this Agreement, agreed to by the selection of the terms and conditions checkbox on the registration website by the Provider and the Subscriber.
1.3. "Charges" means the charges calculated as per the pre-purchase selection on the control console
1.4. "Initial Period" means a period of 1 month commencing from the date of Activation of the SMS Console Service;
1.5. "Network" means the cellular telephony system operated by the Provider;
1.6. "Prime Rate" means the Nedbank published prime overdraft rate of interest per annum plus 3%;
1.7. "Renewal Period" means monthly after the service has been activated.

2. SUSPENSION AND REMOVAL OF DATA

2.1. AFRIDESIGN may at any time without notice to the Subscriber and in any manner whatsoever, suspend or remove data from the Subscriber's service in the event that:

2.1.1. Any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the Network;
2.1.2. The Subscriber fails to perform any of its obligations, or breaches any term of this Terms and Conditions and fails to remedy the breach within 7 days of receipt of notification from the Provider stating the nature of the breach.
2.1.3. The Subscriber fails to adhere to the SMS code of conduct as indicated at http://www.smscode.co.za
2.1.4. No competitions of an adult or explicit nature will be tolerated by Afridesign. Afridesign reserves the right to suspend any SMS CONSOLE account in the event of any such competitions being run on the SMS CONSOLE

3. COMMENCEMENT AND TERMINATION

3.1. This Terms and Conditions Agreement shall commence on the date of Activation of the SMS Console Service by the Provider and shall continue automatically for an unlimited number of Renewal Periods.

3.2. This agreement shall continue indefinitely, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other party to that effect.

4. INTELLECTUAL COPYRIGHT

4.1. All software and intellectual property remains the property of AFRIDESIGN.

5. LIMITATION OF LIABILITY

5.1. Without detracting from any of the other provisions of this Terms and Conditions Agreement, the Provider shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber, and whether same is direct or consequential in the event that the Network or the Cellular Service Providers, (being MTN, Vodacom and/or CELLC or any other), services are interrupted or terminated, for any reason, beyond the reasonable control of the Provider.

6. CHARGES

6.1. In consideration for the provision of the SMS Console Service supplied by the Provider to the Subscriber, the Subscriber shall effect prepayment to the Provider of the applicable charges as detailed in the SMS Costing Schedule. Should MTN, VODACOM and/or CELLC or any other carrier increase their rates, then and in that event the Provider shall have the option to increase its costing accordingly.
6.2. Unless otherwise agreed to by the Provider in writing, the Subscriber shall effect payment to the Provider for the supply of the SMS Console Service as per the electronic payment gateway provided in the SMS Console software.
6.3. No amounts remaining shall be refundable at any time.
6.4. An invoice / statement ("bill") shall be sent by the Provider to the Subscriber at the email address supplied by the Subscriber in this Agreement.

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