Terms and conditions - Universal Information Technologies

STANDARD CONDITIONS OF AGREEMENT

1.	The customer agrees that
	a.	this contract represents the entire agreement between the Customer and Universal Information Technologies (thereinafter called 'UIT');
	b.	that this agreement will govern all future contractual relationships, between the parties; and
	c.	is applicable to all existing debts between the parties

2.	The Customer hereby acknowledges that he has read and understands each term of this agreement and accepts it as binding

3.	The customer hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to UIT and agrees that these Standard Conditions will apply mutatis mutandis to him/her

4.
	a.	The Customer acknowledges that no representations were made by UIT in regard to the goods or services or any of its qualities leading up to this contract
	b.	The Customer agrees that neither UIT nor any of its employees will be liable for any negligent or innocent misrepresentation made to the Customer

5.
	a.	All quotes will remain valid for a period of 7 days from the date of the quote. The validity of any price quoted is subject to any increases in the cost price of UIT before the dispatch of goods

	b.	Any delivery note (copy or original) signed by the Customer and held by UIT shall be conclusive proof that delivery was made to the Customer
	c.	All orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be canceled
	d.	UIT shall be entitled in its sole discretion to split the delivery of the goods ordered in the quantities and on the dates it decides
	e.	UIT shall be entitled to invoice each delivery actually made separately
	f.	The risk of damage to or destruction of goods passes on the Customer on conclusion of the agreement of sale
	g.	In the case of repairs undertaken by UIT, repair times given are merely estimates and are not binding
	h.	All goods taken on an approval basis by the Customer is deemed sold if not returned within 7 days of issue
	i.	If UIT agrees to engage a third party to transport the goods, UIT is hereby authorized to engage a third party on the Customer's behalf and on the terms deemed fit by UIT
	j.	The Customer agrees to indemnify UIT against any claims that may arise from such agreement against UIT

6.
	a.	In the event of goods that are defective, the rights of the Customer are limited to the factory guarantee of the goods supplied. To be valid, guarantee claims must be supported by the original Tax Invoice and the undamaged packaging of the goods. All guarantees are immediately null and void should any equipment be tampered with or should the seals on the equipment be broken by anyone other than UIT. Under no circumstances will UIT be liable for damage arising from misuse or abuse of the goods
	b.	Liability under Clause 6a is restricted to the cost of repair or replacement of faulty goods or services or granting of a credit at the sole discretion of UIT. It is the duty of the Customer to return any defective goods to the premises of UIT at his own cost
	c.	Any item delivered to UIT will form the object of a pledge in favor of UIT at present and past debts

7.	Under no circumstances will UIT be liable for consequential damages.

8.	No claim under this contract will arise unless the Customer has given UIT thirty days written notice by prepaid registered post to rectify any defect or breach of contract

9.	The Customer agrees to pay the amount on the invoice at the offices of UIT
	a.	cash on order; or
	b.	if the Customer is an Approved Customer;
	within 7 days after an invoice is issued by UIT

10.
	a.	The Customer has no right to withhold payment for any reason whatsoever
	b.	The Customer is not entitled to set of any amount due to the Customer by UIT against this debt
	c.	The Customer hereby agrees that any item handed in for repair may be sold by UIT to defray the cost of such repairs if the item remains uncollected within thirty days of the repairs being completed

11.	The Customer agrees that if an account is not settled in full
	a.	against order; or
	b.	within the period agreed to according to clause 9 above in the case of Approved Customers;
	c.	UIT is entitled to immediately institute action against the Customer at the sole expense of the Customer and claim damages

12.
	The Customer agrees that the amount payable on any moneys due and payable to UIT shall be determined and proven by a certificate issued by UIT and signed on its behalf by any duly authorized person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer

13.
	The Customer agrees that interest shall be payable on any moneys due to UIT at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be concluded from the date of order

14.
	a.	In the event of cancellation, the Customer shall be liable to pay
		i.	the difference between the selling price and the value of the goods at the time of repossession and
		ii.	all other costs incurred in the repossession of the goods.
		The value of repossessed goods will be deemed to be the value placed on them by any sworn valuator after such valuation will be conclusive proof of the value
	b.	The Customer indemnifies UIT completely against any damage whatsoever relating to the removed or repossessed goods

15.	All goods supplied by UIT remain the property of UIT until such goods have been fully paid for. The Customer is not entitled to sell any goods unpaid for without the prior written consent of UIT

16.
	a.	The Customer shall be liable to UIT for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney a counsel incurred UIT in the event of
		i.	any default by the Customer or
		ii.	any litigation in regard to the validity and enforceability of this agreement.
		The Customer will also be liable for any collection or valuation fees incurred
	b.	The Customer shall pay one thousand five hundred Rand in to court or furnish sufficient security in lieu of costs in any action instituted by or against the Customer
	c.	The Customer agrees that UIT will not be required to furnish security in terms of Rule 62 of the Rules of Court of the Magistrate's Courts

17.
	The Customer agrees that no indulgence whatsoever by UIT will affect the terms of this agreement or any of the rights of UIT and such indulgence shall not constitute a waiver by UIT in respect of any of its rights herein. Under no circumstances will UIT be stopped from exercising any of its rights in terms of this contract

18.	UIT shall have the right to institute any action in either the Magistrate's Court or the Supreme Court at its sole discretion

19.
	a.	Any document will be deemed duly presented to the Customer within
		i.	three days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or
		ii.	within 24 hours of being faxed and or e-mailed; or
		iii.	on being delivered by hand to the Customer or any director, member or owner of the Customer
	b.	The Customer chooses as its domicillium citandi et executandi its business address or the physical address of any director (in the case of a company), member (in the case of close corporations) or of the owner(s) or partners
20.
	All Copyright and source code of software and systems developed by UIT remains the sole property of UIT unless otherwise agreed in writing. Support and Maintenance of software and systems developed by UIT is calculated as a percentage (%) of the value of the App development/investment cost spread monthly over a 12-month period. This % will default to 15% unless otherwise agreed in writing.
21.	The Customer agrees to the standard rates of UIT for any goods or services rendered, which rates may be obtained on request

22.	The invalidity of any part of this contract will not affect the validity of any other part

23.
	Any order is subject to cancellation by UIT due to force mojeure from any cause beyond the control of UIT, including (without restricting this clause to these instances): inability to secure labor, power materials or supplies, or by reason of an act of God, war, civil disturbance, riot, state or emergency, strike, lockout, or other labor disputes, fire, flood, drought or legislation

Internet, Domain and Hosting Services

I/We hereby understand that the services rendered will be subject to Universal Information Technologies use policy.

Interest is payable on all areas payments at a rate determent by Universal Information

Technologies from time to time.

An administration service fee of R10 will be levied on all non-payments

via debit order.

I/We acknowledge that termination of this contract is not possible within the

first three months and agree to give three calendar month's written notice to terminate this service.

Should I/we fail to pay my/our account I/we shall be liable for any collection, tracing and/or legal fees.

I/We indemnify Universal Information Technologies against any damage, loss, claims or cost that may

result from work being done in connection with the service being rendered, removal of the service and/or

my/our computer equipment not being compatible.

I/We acknowledge that I/we will be charge additional fees for work being done by Universal Information

Technologies on any computer equipment to be able to access the network.

Use Policy

This Acceptable Use Policy specifies the actions prohibited by Universal Information

Technologies (Pty) Ltd, to users of the Universal Information Technologies Network.

Universal Information Technologies reserves the right to modify the Policy at any

time.

ILLEGAL USE.

The Universal Information Technologies Network may be used only for lawful

purposes. Transmission, distribution or storage of any material in violation of any

applicable law or regulation is prohibited. This includes, without limitation, material

protected by copyright, trademark, trade secret or other intellectual property right

used without proper authorisation, and material that is obscene, defamatory,

constitutes an illegal threat, or violates export control laws.

SYSTEM AND NETWORK SECURITY.

Violations of system or network security are prohibited, and may result in criminal

and civil liability. Universal Information Technologies will investigate incidents

involving such violations and may involve and will co-operate with law enforcement if

a criminal violation is suspected. Examples of system or network security violations

include, without limitation, the following:

Unauthorised access to or use of data, systems or networks, including any attempt

to probe, scan or test the vulnerability of a system or network or to breach security

or authentication measures without express authorisation of the owner of the system

or network. Unauthorised monitoring of data or traffic on any network or system

without express authorisation of the owner of the system or network. Interference

with service to any user, host or network including, without limitation, mailbombing,

flooding, deliberate attempts to overload a system and broadcast attacks. Forging of

any TCP-IP packet header or any part of the header information in an email or a

newsgroup posting.

EMAIL.

Sending unsolicited mail messages, including, without limitation, Make-Money-Fast

(MMF) schemes, chain letters, commercial advertising and informational

announcements, is explicitly prohibited. A user shall not use another site's mail

server to relay mail without the express permission of the site.

USENET.

Posting the same or similar message to one or more newsgroups (excessive cross

posting or multiple posting, also known as 'SPAM') is explicitly prohibited. A

seemingly accepted number of simultaneous postings are a maximum of five (5).

The posting of Make-Money-Fast (MMF) schemes is explicitly prohibited.

SIMULTANEOUS LOGINS.

Username/Password combinations supplied by our Universal Information

Technologies are not transferable. It is the sole responsibility of the end-user to keep

his Username/Password confidential. Although we have the mechanism to prevent

simultaneous logins violating this agreement constitutes an illegal action.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR

ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN UNIVERSAL

INFORMATION TECHNOLOGIES CUSTOMER OR A CUSTOMER'S END USER, SHALL BE

CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Universal Information Technologies does not in any way support SPAM or any form

of NETWORK ABUSE and enforces the Universal Information Technologies Terms and

Conditions and Acceptable Use Guidelines on a stringent basis when complaints are

made. Enforcement of Universal Information Technologies Terms and Conditions as

well as its Acceptable Use Guidelines for reasons of SPAM or NETWORK ABUSE will

result in suspension or termination of account access privileges.

These policies are directly inline with those provided by our downstream ISP (IS).

DISPUTES

In the event of a dispute around any Internet, Domain and Hosting Service

between Universal Information Technologies (PTY) Ltd customer (including

partners, shareholders, trustees, employees) or someone else (including his

agent) regarding control of the services or Universal Information Technologies

(PTY) Ltd account to which the services are linked, we will only act, if we receive written instructions from:

The liquidator of an incorporated or unincorporated business, where the
business has been wound up,whether provisionally or finally, whether compulsory or voluntary.
A letter from the executor, nominated and appointed by the Master of the High Courtby virtue of the late Registrant’s estate, requesting that the Domain Name be transferred to a named entity.
An order of Court in relation to any of the above or
An order of an Arbitration Tribunal of competent jurisdiction requiring actionin any administrative proceeding, conducted under theUniform Dispute Resolution Policy adopted by ICANN,Alternate Dispute Resolution Regulations in South Africaor any similar proceedings in another ccTLD or gTLD to which you are a party.