TERMS & CONDITIONS

The provider of this service:

The Digital Message Network (Pty) Ltd
P.O. Box 5403
Weltevreden Park
Gauteng
South Africa
Tel: +27(0)11.4750300 or +27(0)11.4751438
Fax: +27.(0)11.5076600
Email Sales: sales@dmnet.co.za
Email Support: support@dmnet.co.za
 

Hence forth formally referred to as THE SERVICE PROVIDER, hereby offers this product or service to customers based upon the following agreed terms and conditions:

 

1. Limited Risk

Due to the nature of the products and services offered on this web site, THE SERVICE PROVIDER cannot be held responsible for risks incurred through the use of any of these products or services, as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the said product (s) or service(s).

 

2. Access to the Service

THE SERVICE PROVIDER shall use all reasonable endeavors to ensure that the products and services are available on a 24 hour, 7 days a week basis.

 

3. Confidentiality

THE SERVICE PROVIDER shall endeavor to keep confidential any information provided by the customer, it shall not sell, trade or exchange such information with any other entity.  The customer shall be required to provide a verifiable first name, last name and physical address. THE SERVICE PROVIDER reserve the right to terminate access on any account where such information, on request, cannot be irrevocably verified or where a reasonable suspicions exits that such information is invalid.

 

4. Limitation of Liability

These services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) provided by, included in or accessible from this web site. In no event shall THE SERVICE PROVIDER be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of these products or services, even if THE SERVICE PROVIDER has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.

 

5. Pre-payment

The customer agrees to pre-pay for products and services. All transactions are final, no refunds shall be provided. The SERVICE PROVIDER reserves the right to, at its discretion a) Revoke all or portions of the unallocated/unused pre-paid credit balance, 30-days from date of purchase or of free allocation; b) Refuse to accept any transaction; c) Terminate client access to the products and services without prior notice.

 

6. Customer Responsibilities

The customer agrees to use the product and services provided in a mature, responsible manner in keeping with acceptable social norms. Any complaints to the contrary shall be investigated and if found to contain merit shall result in termination of service, without prior notice, at which time all remaining pre-paid credits will be forfeited. The decision of the SERVICE PROVIDER is final and no correspondence will be entered into.

 

7. Intellectual Property Rights

The information, media, systems, content, Products and Services provided by THE SERVICE PROVIDER through the THE SERVICE PROVIDER product range for the customer's use, including all intellectual property rights therein, is the sole property The Digital Message Network (Pty) Ltd.

 

8. Applicable Law

The laws of the Republic of South Africa govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Republic of South Africa and that the applicable laws of the Republic of South Africa shall prevail.

 

9. Interpretation and Nullification of Clauses

The customer accepts to agree to all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. THE SERVICE PROVIDER shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).

Technology by The Digital Message Network (Pty) Ltd. All rights reserved.

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