TERMS OF SERVICE
1.1 This document sets out the terms and conditions (“the Terms”) pertaining to access to and use of the information, products, services and/or functions provided on https://radiantweb.co.za (“the Website”). The Website is operated by Elastic Technology Solutions (Pty) Ltd. trading as radiantWEB (“we”, “us”, or “radiantWEB”),
1.2 All access to and use of any information, tools or services offered via the Website is subject to your acceptance of all the Terms. You (“you” or “the User”) are required to refrain from accessing the Website and/or using our services in the event that you disagree with any of the Terms. This applies to any user, including without limitation any browser, user, merchant or content contributor.
1.3 If you are below the age of eighteen (18) years, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms before accessing or using the Website.
1.4 You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
The headings of the clauses in the Terms are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the Terms nor any clause hereof. Unless a contrary intention appears–
2.1 Words importing–
2.1.1 any one gender includes the other gender;
2.1.2 the singular includes the plural and vice versa; and
2.1.3 a natural person includes juristic persons (corporate or unincorporated) and vice versa.
2.2 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
2.3 References to clauses are to the clauses of the Terms.
2.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Terms.
2.5 The expiration or termination of any User Subscription shall not affect such of the provisions of the Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
The definitions and rules of interpretation in this clause apply in this agreement.
3.1 “Business Day” means any day which is not a Saturday, Sunday or official South African public holiday;
3.2 “Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information by a Party, or information which the receiving Party knows or reasonably should have known is of a proprietary or confidential nature;
3.3 “User Data” means the data inputted by the User or by us on the User’s behalf for the purpose of using the Services or facilitating the User’s use of the Services, and includes (without limitation) Personal Information;
3.4 “Documentation” means any documents made available to the User by us online or by any other means from time to time which sets out a description of the Services and the user instructions for the Services;
3.5 “Initial Subscription Term” means the period selected by the User on the Website of one (1) month running from the date of a subscription until the immediately preceding date in the succeeding month, or one (1) year running from the date of a subscription until the immediately preceding date in the succeeding year;
3.6 “Intellectual Property Rights” means all the rights in and to Intellectual Property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including (without limitation) the rights in and to trademarks, service marks, trade names, domain names, logos, get-up, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyright, semi-conductor topography rights, database rights, rights in respect of any new or existing compilation of any data or information not covered under any existing copyright, any structured analysis, reports, application and any resulting know-how, use or any other results originating or following from or as a consequence of data being made available in respect of any of the aforementioned or part thereof, technology, source code/s, trade secrets, systems, methods, styles, insignia, designs and all similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, as well as any Confidential Information or processes relating to that subject matter;
3.7 “Party” means either Elastec Technology Solutions (Pty) trading as radiantWEB or the User, and “Parties” means both us and the User;
3.8 “Personal Information” has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPI”), and any applicable law in South Africa and/or in any other jurisdiction where the Services are provided and/or used;
3.9 “Renewal Period” means the period described in clause 19.1;
3.10 “Services” means the subscription services provided by us to the User under this Agreement via www.radiantWEB.co.za or any other website notified to the User by us from time to time, as more particularly described in the Documentation;
3.11 “Subscription Fees” means the subscription fees payable by the User to us for the User Subscriptions, as set out on the Website from time to time;
3.12 “Subscription Term” means the Initial Subscription Term together with any subsequent Renewal Periods;
3.13 “User Subscription” means the user subscription purchased by the User pursuant to clause 4.1, which entitles them to access and use the Services and the Documentation in accordance with this Agreement; and
3.14 “Virus” means a device or thing (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
4. User subscriptions
4.1 Subject to the User purchasing and paying for the User Subscriptions by means of the Website and in accordance with the Terms, we hereby grant to the User a non-exclusive, non-transferable right to permit the User to use the Services and the Documentation during the Subscription Term.
4.2 The User shall not:
4.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties:
22.214.171.124 and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, re-publish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
126.96.36.199 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software.
4.3 The User shall prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, shall promptly notify us.
5.1 We shall, during the Subscription Term, provide the Services and make available the Documentation to the User on and subject to the Terms.
5.2 We shall use commercially reasonable endeavours to make the Services available during standard business hours from 08h00 to 17h00 Monday to Friday.
6. Website accuracy and errors
We make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:
6.1 We do not warrant that the Website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including without limitation, warranties of merchantability, fit-ness for a particular purpose, non-infringement, compatibility, security and accuracy;
6.2 Whilst we have taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
6.3 We may use the services of third parties to provide information on the Website. We have no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that we and our online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
7. Third party providers
7.1 The User acknowledges that the Services may enable or assist it to access the tools and website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk.
7.2 We shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party tools or website, or any transactions completed, and any contract entered into by the User, with any such third party.
7.3 We do not endorse or approve any third-party website or tools nor the content of any third-party website made available via the Services.
8. Third party links
8.1 We may provide links to third party websites on the Website. These links are provided to the user for convenience purposes only and we do not endorse, nor does the inclusion of any link imply our endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations. While we try to provide links only to reputable websites or online partners, we cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, our control. We are not responsible for and give no warranties or make any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
8.2 You agree that we shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third party website.
9. Our obligations
9.1 We undertake that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
9.2 The undertaking at clause 9.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents.
9.3 If the Services do not conform with the undertaking in clause 9.1, we will use all reasonable commercial endeavours to correct any such non-conformance promptly.
9.4 Notwithstanding the foregoing, we:
9.4.1 do not warrant that the User’s use of the Services will be uninterrupted or error-free; and
9.4.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities.
10. User’s obligations
The User shall:
10.1 provide us with:
10.1.1 all necessary co-operation in relation to these Terms; and
10.1.2 all necessary access to such information as may be required by us;
10.2 comply with all applicable laws and regulations with respect to its activities under this Agreement; and
10.4 be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to our data centres.
11. Charges and payment
11.1 The User shall pay the Subscription Fees to us for the User Subscriptions in accordance with this clause 11 and the requirements of the Website.
11.2 The Supplier shall invoice the User for the Subscription Fees on a monthly or annual basis (in accordance with the User’s selection on the Website) on the date of subscription and on the anniversary thereof in each Renewal Period.
11.3 Payment is automated and set up by the User in the course of the subscription process. Payment shall be processed immediately when a subscription is taken up for the Initial Subscription Period and be charged automatically against the same source for a Renewal Period. Should any payment fail, then the subscription will fail (in the case of the Initial Subscription Period) or terminate forthwith (in the case of a Renewal Period).
11.4 All amounts and fees stated or referred to in this Agreement are exclusive of value added tax (VAT) unless otherwise stated.
12. Usage restrictions
The User hereby agrees that it shall not itself, nor through a third party:
a. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
b. decompile, disassemble or reverse engineer any portion of the Website;
c. write and/or develop any derivative of the Website or any other software program based on the Website;
d. modify or enhance the Website. In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be our property;
e. without our prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;
f. remove any identification, trademark, copyright or other notices from the Website;
g. use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; and/or
h. notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.
Without limiting any of the rights set forth elsewhere in this Agreement, we expressly reserve the right to deny, cancel, terminate, suspend, or limit future access to this Website or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any other applicable terms and conditions, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by us in our sole and absolute discretion).
13. Security and tampering
13.1 We reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of its network and back-office applications, to ensure the security and reliable operation of the services to all our users.
13.2 You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us against the user. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
14. Intellectual property and copyright
14.1 All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, us and as such are protected from infringement by local and international legislation and treaties.
14.2 All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
14.3 We authorise you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
14.4 It is your sole responsibility to ensure that any and all content provided to us by you to perform Services on your behalf does not infringe or violate the intellectual property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and/or to ensure that you have acquired any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or other proprietary information of third parties therein included in the User Content. We shall have no liability and you agree to defend and indemnify us against any actual or alleged claim that any User Content provided by you infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.
14.5 We support the protection of intellectual property. If you would like to submit (i) a trademark report for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright report for material on which you hold a bona fide copyright, please contact us with full particulars of your report.
15. Risk, limitation of liability and indemnity
15.1 Your use of this Website and the information contained on the Website is entirely at your own risk and the user assumes full responsibility and risk of loss resulting from the use thereof, or the inability to use same. All products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15.2 We do not guarantee continuous, uninterrupted or secure access to our services, as operation of our Website may be interfered with as a result of a number of factors which are outside of our control.
15.3 To the extent permissible by law:
15.3.1 Not we, our affiliates, shareholders, agents, consultants nor our employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if we know or should reasonably have known or are expressly advised thereof.
15.3.2 Our liability of for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to us rectifying the malfunction, within a reasonable time and free of charge, provided that we are notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without our prior written approval. However in no event shall we be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software
15.3.3 You hereby unconditionally and irrevocably indemnify us and agree to hold us free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of:
188.8.131.52 your use of the website;
184.108.40.206 software, programs and support services supplied by, obtained by or modified by you or any third party without our consent or knowledge;
220.127.116.11 your failure to comply with any of the terms or any other requirements which we may impose from time to time;
18.104.22.168 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software;
22.214.171.124 any unavailability of, or interruption in, the service which is beyond our control; or
126.96.36.199 your use or misuse of any third-party images, software or other content.
15.4 We make no warranty or representation as to the availability, accuracy or completeness of the content of the Website, or that your use of our service will be uninterrupted, timely, secure or error-free. You expressly waive and renounce all your rights of whatever nature that you may have against us for any loss suffered by you, as a result of information supplied by us being incorrect, incomplete or inaccurate.
a. Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
b. Your use of our services signifies your consent to us collecting and using your personal information as specified below.
c. How we collect information about you
16.2 When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
16.3 Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (excluding credit card numbers), email address, and phone number. We refer to this information as “Order Information.”
16.4 How we use your information
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our Users browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We further reserve the right to use your Personal Information if such use is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
16.5 How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
16.6 Sharing and disclosing your information with and to third parties
We reserve the right to disclose your personal information if such disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property, to protect the safety of any person or the general public, or to prevent a violation of the Terms.
Subject to the aforegoing, we will never disclose your personal information to any third party other than as set out below, without your express consent:
16.6.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, and to communicate with you properly and efficiently;
16.6.2 to our partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out of receiving marketing material from us);
16.6.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of the personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Terms;
17.6.4 to our service providers (under contract with us) who help with parts of our business operations, on the basis that they may only use your information in connection with the services they perform for us and not for their own benefit.
Our Website uses “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize our pages, or register with our Website or services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same website, the information you previously provided can be retrieved, so you can easily use our features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the services or websites you visit.
16.8 How you can access, update or delete your data.
To easily access, view, update or delete your personal data, or to update your subscription preferences, please sign into your Account and visit “Account Settings.”
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
16.9 Accuracy of information
You agree to keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us and providing us with updates as soon as reasonable possible after any change in your personal information.
16.10 Retention of information
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
17. Data protection
17.1 The User shall own all rights, title and interest in and to all of the User Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Data.
17.2 In the event of any loss or damage to User Data, the User’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged User Data from the latest back-up of such User Data maintained by the Supplier.
18.1 Each Party may be given access to Confidential Information from the other Party in order to perform its obligations under this Agreement. A Party’s Confidential Information shall not be deemed to include information that:
18.1.1 is or becomes publicly known other than through any act or omission of the receiving Party;
18.1.2 was in the other Party’s lawful possession before the disclosure;
18.1.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
18.1.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or
18.1.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
18.2 Each Party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
18.3 Each Party shall take all reasonable steps to ensure that the other Party’s Confidential Information to which it has access, is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
19. Term and termination
19.1 A User Subscription shall, unless otherwise terminated as provided in this clause 19, commence on acceptance by the User of our offer on the Website and shall continue for the Initial Subscription Term and thereafter this Agreement shall be automatically renewed for successive periods equal to the Initial Subscription Term reckoned from the anniversary of the date of the subscription (each a “Renewal Period”), unless:
19.1.1 the User cancels the subscription by means of the “cancel” option on the Website, in which case termination shall take effect on the date on which the relevant Initial Subscription Term or Renewal Period expires; or
19.1.2 otherwise terminated in accordance with the provisions of this Agreement.
19.2 If in our sole judgment you fail to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19.3 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. However on termination of this Agreement for any reason, all licences granted under this Agreement shall immediately terminate.
19.4 Breach of these Terms entitles us to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to us on an attorney and own client scale.
20. Force majeure
We shall have no liability to the User under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Service Providers or sub-contractors, provided that the User is notified of such an event and its expected duration.
21. ECTA compliance
In compliance with section 43(1) of the ECT Act, the following is provided:
Full name: Elastic Technology Solutions (Pty) Ltd trading as radiantWEB;
Registration number: 2012 / 002580 / 07;
Physical address: 1 Glynville Terrace, Gardens, Western Cape 8000, South Africa
Telephone number: 071 379 9701
Website address: www.radiantWEB.co.za;
E-mail address: hello@radiantWEB.co.za;
Names of office bearers: Charles Hugh Graham Page (director);
Registered at: 2nd floor, 105 Hope Street, Gardens 8000.
22. Compliance with laws
22.1 This Website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representation that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.
22.2 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
Except as explicitly stated otherwise, any notices shall be given by email to hello@radiantWEB.co.za (in our case) or to the e-mail address you have provided to us (in your case). Any notice shall be deemed to have been received forty eight (48) hours after the relevant email is sent, unless the sending party is notified that the email transmission was unsuccessful. Alternatively, we may give you notice by registered mail to the address which you have provided to us. In such case, notice shall be deemed to have been received on the fifth (5th) business day after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
24. General clauses
24.1 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
24.2 Our failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
24.3 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without our prior written consent.
24.4 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
24.5 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
24.6 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
24.7 These Terms, read together with the Documentation, set forth the entire understanding and agreement between us and you with respect to the subject matter hereof.
24.8 The User shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Agreement.
Last Updated 24 April 2019