These Terms and conditions apply as between ABC of Internet Marketing and you (“Customer”) who subscribe for the Services of ABC of Internet Marketing and together with the Order form the Agreement between the Parties.
- Definitions and Interpretation
1.1. In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” means the binding agreement that shall come into effect between the Customer and ABC of Internet Marketing following ABC of Internet Marketing’s acceptance of the Order and which shall incorporate the Order and these terms and conditions;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Service;
“Intellectual Property Rights” means all copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Order” means the Customer’s order for Services as set out in the Customer’s purchase order form;
“Parties” means both ABC of Internet Marketing and the Customer who have entered into this Agreement;
“Services” means collectively the online facilities, tools, services or information that ABC of Internet Marketing makes available to the Customer either now or in the future as set out on the Website and as amended from time to time;
“Subscription Fee” means the sum of money paid for access to the Services by the Customer to ABC of Internet Marketing as set out in the Order;
“Subscription Period” means the period for which the Services have been purchased as set out in the Order and the period of one year for subsequent renewals;
“Subscription” means both the Subscription Fee and the Subscription Period; and
“Website” means (ABC of Internet Marketing) http://abcofinternetmarkteing.co.za
1.2. Unless the context otherwise requires, each reference in these terms and conditions to:
1.2.1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2. a Clause or paragraph is a reference to a Clause of these terms and conditions.
1.3. The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
1.4. Words imparting the singular number shall include the plural and vice versa.
1.5. References to any gender shall include the other gender.
- Access to Service
2.1. The Customer represents and warrants that they act in a business capacity and that they have the authority to enter into the Agreement, to use the Service, and to perform any and all acts as may be necessary under these terms and conditions.
2.2. The Customer confirms that the terms of the Order and any information in it are complete and accurate in all respects.
- Subscription and Fees
3.1. The Subscription Fee is payable in accordance with the terms of the Order in full without any deduction or withholding save as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against ABC of Internet Marketing in order to justify withholding payment of any such amount in whole or in part.
3.2. All amounts payable by the Customer under the Agreement are exclusive of value added tax chargeable for the time being (“VAT”). Where a taxable supply for VAT purposes is made to the Customer by ABC of Internet Marketing under the Agreement ABC of Internet Marketing shall provide a VAT invoice and the Customer shall forthwith pay to ABC of Internet Marketing such additional amounts in respect of VAT as are chargeable on the supply of the Services.
3.3. If the Customer terminates the Agreement ABC of Internet Marketing will continue to provide the Services for the remainder of the prevailing Subscription Period. ABC of Internet Marketing shall not be obliged to refund any Subscription Fee already paid.
- Use of Service
4.1. Customers are permitted to use the Services only in accordance with:
4.1.1. these terms and conditions; and
4.1.2. any relevant law, regulation or other applicable instrument in their particular jurisdiction.
4.2. Subject to any express agreement to the contrary, Customers may only access the Services through the normal means provided by ABC of Internet Marketing. Customers shall not attempt to decompile, convert or otherwise reverse-engineer any part of the Service.
4.3. Customer may not engage in any conduct that may disrupt provision of the Services by ABC of Internet Marketing.
4.4. Subject to any express agreement to the contrary, the Customer may not reproduce, copy, duplicate, trade or resell the Services or the data provided from the Services.
- Intellectual Property
5.1. Unless otherwise provided, all Intellectual Property Rights in all Content included on the Website, unless submitted or created by Customers, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and all Intellectual Property Rights in or arising out of or in connection with the Services is and shall be the property of ABC of Internet Marketing and its affiliates.
5.2. Subject to Clause 9, and with the exception of downloadable data and/or reports made available as part of the Services, the Customer shall not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by ABC of Internet Marketing.
5.3. Downloadable data and/or reports made available as part of the Services are for the sole use of the Customer and the Customer shall not resell, distribute, or in any other fashion disclose such material to any other party unless otherwise indicated on the Website or unless given express written permission to do so by ABC of Internet Marketing.
- Use of Website
Use of the Website is also governed by ABC of Internet Marketing’s policies which are set out or to which links are provided on the Website
- Disclaimer of Warranties
7.1. ABC of Internet Marketing makes no warranty or representation that the Website or the Services will meet Customers’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.
7.2. ABC of Internet Marketing shall use its reasonable endeavours to ensure that all information provided on the Website and in the provision of the Services is accurate and up to date; however ABC of Internet Marketing makes no warranty or representation that this will always be the case. ABC of Internet Marketing makes no guarantee of any specific results from the use of the Website or the Services.
7.3. No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind.
7.4. Whilst every effort has been made to ensure that all descriptions of Services available from ABC of Internet Marketing correspond to the actual Services available, ABC of Internet Marketing is not responsible for any variations from these descriptions.
- Availability of Service
8.1. The Website and the Services are provided “as is” and on an “as available” basis. ABC of Internet Marketing gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law ABC of Internet Marketing provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality.
8.2. ABC of Internet Marketing accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
9.1. ABC of Internet Marketing’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of breach of the Agreement shall be limited to an amount equivalent to the Subscription Fee paid or committed to be paid by the Customer at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein, to the maximum extent permitted by law, ABC of Internet Marketing accepts no liability. Customers should be aware that they use the Website, the Services and all relevant Content at their own risk.
9.2. Nothing in these terms and conditions excludes or restricts ABC of Internet Marketing’s liability for death or personal injury resulting from any negligence, or liability for fraud or fraudulent misrepresentation on the part of ABC of Internet Marketing.
9.3. This clause 9 shall survive termination of the Agreement.
- Term and Termination
10.1. The term of the Agreement shall commence upon ABC of Internet Marketing’s acceptance of the Order and shall continue for the Subscription Period and thereafter with subsequent Subscription Periods unless and until terminated either by the Customer or by ABC of Internet Marketing in accordance with this Clause 10.
10.2. The Customer may terminate this Agreement giving no less than 30 days’ advance written notice to ABC of Internet Marketing, to expire on the last day of the then current Subscription Period.
10.3. ABC of Internet Marketing reserves the right to terminate the Agreement and the provision of the Services at any time without notice (save in relation to clause 10.3.4) for the following reasons:
10.3.1. ABC of Internet Marketing is required to do so by law;
10.3.2. It has become, in the reasonable opinion of ABC of Internet Marketing, its affiliates or advisers, no longer commercially viable to continue providing the Services;
10.3.3. ABC of Internet Marketing is no longer providing the Services in the Customer’s country of residence;
10.3.4. The Customer has, in the reasonable opinion of ABC of Internet Marketing, its affiliates or advisers, breached the terms of this Agreement, which breach has not been remedied within 72 hours of ABC of Internet Marketing giving written notice to the Customer.
10.4 If there is no Notice from either party of termination under the above terms, this Agreement will remain in force for a further one year period after the then current Subscription Period.
10.5 If ABC of Internet Marketing terminates this Agreement as a result of the Customer’s breach of these terms and conditions the Customer will not be entitled to any refund.
10.6 If ABC of Internet Marketing terminates this Agreement for any other reason, the Customer will be refunded any remaining balance of their Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
10.7 The Client also agrees that should the Client want to move a website and have it hosted with another Internet Service Provider, a minimum cost of R3 990 will be invoiced for backup and supplying of a website. ABC of Internet Marketing will not be responsible from this point onward for installation, setup etc.
- No Waiver
In the event that ABC of Internet Marketing fails to exercise, or delays exercising, any right or remedy under the Agreement or in law, this shall not be construed as a waiver of that right or remedy.
The Customer may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement without the prior written consent of ABC of Internet Marketing.
If a court or other competent authority finds that any provision of the Agreement (or part of any provision) is unlawful, invalid or otherwise unenforceable, that provision or part provision shall, to the extent required, be deemed deleted and shall not affect the validity and enforceability of the remaining terms and conditions.
- Entire Agreement
The Agreement constitutes the entire agreement and understanding between the Parties. The Customer and ABC of Internet Marketing acknowledge that they have not relied on any statement, promise or representation which is not set out in the Agreement.
All notices / communications shall be sent to ABC of Internet Marketing either by post to our ABC Marketing, Att: Johnny Da Silva, P.O. Box 29252, Danhof, 9310 or by email email@example.com. Such notice will be deemed received only once an acknowledgement email from ABC of Internet Marketing has been received by the Customer in response.
- Third Parties
A person who is not a party to the Agreement shall not have any rights under or in connection with it.
- Law and Jurisdiction
17.1. The Agreement and all other aspects of the relationship between the Customer and ABC of Internet Marketing shall be governed by and construed in accordance with the Laws of South Africa.
17.2. Any dispute between the Customer and ABC of Internet Marketing relating to the Agreement and all other aspects of the relationship shall fall within the exclusive jurisdiction of the courts of Bloemfontein, South Africa.
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