Below are the Terms and Conditions of Use for all agreements between Ndende Technologies, in which they provide goods and/or services to a customer, business or corporate entity. These terms and conditions also incorporate any use of or by an outside party of the www.ndende.co.za website or any localized derivatives of that URL’s owned by Ndende Technologies.
1.1 These terms regulate the (i) agreement between Ndende Technologies and customer when Ndende Technologies supplies goods or services to customer and (ii) use of the website by any user, whether a customer or not. By using the goods or services or visiting the website, you agree to be bound by these terms.
Terms & Conditions Definitions
Unless the context otherwise indicated, the following expressions shall have the meanings given to them hereunder:
2.1 “Act” means the Electronic Communications Act No. 36 of 2005
2.2 “agreement” means these general terms and conditions, including all schedules and annexures hereto, together with the terms of any orders and the acceptable use policy which are incorporated herein by reference;
2.3 “business day” means Monday to Friday, excluding public holidays published as such in the government gazette;
2.4 “business hours” means from 08h00 to 17h00 South African time, on business days;
2.5 “charges” means MRC, NRC, usage fees and any other charges payable under this agreement;
2.6 “contract term” means the term of the applicable services as set out in the applicable service order or on the website;
2.7 “customer” means the person that has entered into an agreement with Ndende Technologies for the provision of goods or services or the user of the website, whichever applies in the circumstances;
2.8 “effective date” means the date of signature of the agreement;
2.9 “goods” means the any IT goods, including but not limited to hardware and software that Ndende Technologies provides to customer in terms of an order;
2.10 “intellectual property” means all intellectual property rights, including but not limited to any domain names, know-how (not in the public domain); invention (whether or not patented); design, trademark, copyright material (whether or not registered), material eligible for copyright in terms of applicable legislation trade or business names, trade secrets or any similar rights to any of the above rights that may subsist in South Africa or elsewhere, whether or not such rights are registered or capable of being registered;
2.11 “order” means a goods or services order, which ever applies, that sets out the commercial terms for the provision of goods or services by Ndende Technologies to the customer;
2.12 “party” means either Ndende Technologies or the customer and “parties” means both of them collectively and shall be deemed to mean and include their respective successors and permitted assigns’;
2.13 “personnel” means any director, employee, agent, consultant, contractor or other representative of a party;
2.14 “premises” means the premises where Ndende Technologies provides the services;
2.15 “services” means any services that Ndende Technologies provides to the customer in terms of the agreement;
2.16 “services commencement date” means the commencement date specified in the order and if no commencement date is specified, the first day on which the service is activated or provided;
2.17 “service levels” means the levels according to which Ndende Technologies will provide the service as agreed by the parties in the order or as specified on the website;
2.18 “site” means the customer’s site, the Ndende Technologies system or any other system being used by Ndende Technologies for purposes of fulfilling its obligations in terms of the agreement;
2.19 “system” means the data center and equipment including without limitation servers, peripherals, routers, switches, software, databases, cables, generators, and uninterruptible power supplies which are operated together as a system by Ndende Technologies in providing a service;
2.20 “third party contractor” means the contractor, supplier, or licensor (which ever applies) of any goods or services, but which is not a party to this agreement;
2.21 “website” means www.ndende.co.za or any localized URL derivative owned by Ndende Technologies.
3.1 Any reference to days shall be interpreted to be a reference to a calendar day unless qualified as a business day.
3.2 When any number of days is prescribed, the number of days shall be calculated on the basis that the first day is excluded and the last day is included, provided that if the last day is not a business day, the last day shall be the ensuing business day.
3.3 Inclusion of the words “including” or “excluding” followed by examples or items following the term be illustrative only and will not limit its ambit or application.
3.4 Terms other than those defined will be given their plain English meaning, and those terms, acronyms, and phrases known in the information and communication technology industry will be interpreted in accordance with their generally accepted meanings.
3.5 Each order shall constitute the subject of a separate agreement between the parties. In the event of any conflict between the terms of these terms, the acceptable use policy and the service order, the agreement will be interpreted in the following order:
3.5.1 The general terms and conditions;
3.5.2 The acceptable use policy;
3.5.3 The order.
GOODS AND SERVICES
The customer appoints Ndende Technologies to provide the services, subject to the terms and conditions contained in this agreement, which appointment Ndende Technologies accepts.
Commencement and duration
5.1 This agreement shall commence on the effective date and shall thereafter remain in force indefinitely, subject to the remaining provisions of this agreement.
5.2 If applicable, the commencement of the services to be provided shall be in terms of each individual service order that is completed by the customer and will be effective from the service commencement date for the contract term in the service order.
5.3 Upon the expiration of the initial period, the applicable services will continue indefinitely, subject to either party providing 90 (ninety) calendar day’s written notice of termination to the other party, unless otherwise agreed in the order.
Goods and services
6.1 Ndende Technologies will sell the goods and provide the services to customer in terms of the agreed order, alternatively if no order is agreed, as described and specified on the website.
6.2 If Ndende Technologies supplies goods that are accompanied with software, the use of the software will be regulated by a license agreement between the customer and the owner or licensor of the software, which agreement will constitute a separate agreement between the customer and the owner or licensor of the software. Ndende Technologies will not be a party to this license agreement.
6.3 In order to provide certain services, Ndende Technologies makes use of third party contractors and service providers. The customer expressly agrees to this. The relationship between the third party contractor and Ndende Technologies in these instances will be regulated contractually and the customer shall not be a party to these agreements. These third party contractors will have the same rights that Ndende Technologies has in terms of this agreement in order to deliver the service.
6.4 The customer expressly gives its permission and authorizes Ndende Technologies to remotely access its data, network, system, software, hardware or do whatever is required to fulfil its obligations and render the services in terms of the agreement.
Provision of Services
7.1 Ndende Technologies agrees that it will from the effective date, and thereafter continue throughout the duration of this agreement, supply the services as requested by the customer from time to time, in accordance with the agreement.
7.2 For the duration of this agreement, the customer shall obtain the services as it requires from Ndende Technologies in terms of this agreement, the services schedule and the service order concluded from time to time.
7.3 Unless otherwise agreed, Ndende Technologies shall not be under any obligation to supply any services to the customer until a service order in respect of the required services has been agreed by signing the order.
7.4 In order to provide the services, Ndende Technologies reserves the right to utilize any technology available and which it considers at its discretion as the most suitable and responsible to provide services.
7.5 The services shall be used by the customer in accordance with the agreement.
7.6 Each service order shall constitute an agreement between the parties subject to and regulated by this agreement.
8.1 No terms or conditions of a customer’s order that conflict with this agreement will be binding.
8.2 Depending on the service in question, a customer must either place an order online or request a quote from, Ndende Technologies.
8.3 If the particular service requires from Ndende Technologies to provide a quote to the customer first, the customer needs to confirm acceptance of the quote either in writing to email@example.com, or by ticking the confirmation button online, whichever one applies, where after the customer needs to place an order in the prescribed manner stipulated on the quote.
8.4 Any order placed by a consumer, whether it is online or otherwise, is an offer to Ndende Technologies to enter into the agreement with the customer.
Ownership and risk
9.1 Risk in the goods will pass on delivery.
9.2 Ownership in the goods will only pass once the full payment for the goods have been received.
9.3 The customer will bear the risk in all goods supplied by Ndende Technologies, as well as any customer hardware or equipment that will come under the control of Ndende Technologies, whether at Ndende Technologies’ premises or otherwise. It is the customer’s responsibility to ensure that these goods, hardware and equipment are adequately insured at all times.
9.4 The customer will be responsible for the maintenance of all the data passing over the Ndende Technologies infrastructure and must ensure that adequate and systematic backups are made regularly. Ndende Technologies will accordingly not be liable for loss of the customer’s data, restoration of lost data or any other as a result of the customer not complying with this clause 9.4.
Delivery and installation
10.1 Any delivery date provided to a customer is an estimate date only and Ndende Technologies shall make all reasonable efforts to deliver on the estimate date.
10.2 If Ndende Technologies not able to deliver on the estimate date, Ndende Technologies will take all reasonable measures to inform the customer timeously of the delay in delivery.
10.3 Should the customer assist with the installation of any goods or services, including software, Ndende Technologies will not be liable for any damage caused or losses suffered as a result of the customer’s assistance with the installation.
10.4 Should Ndende Technologies Ndende Technologies charge the customer any delivery charges, Ndende Technologies will quote for this upfront and all deliveries will be payable in full as specified on the quote, before delivery of the goods.
Fees and payment
11.1 The customer shall be liable for and shall pay the fees in respect of the goods or services as set out in this clause or in the applicable orders for the term of the agreement.
11.2 Fees are payable in South African Rand (ZAR) without deduction or set-off for any reason and each order will constitute a separate agreement between the parties.
11.3 Unless otherwise agreed in the order, the customer shall have the option to pay via EFT or debit order authorization. Should the customer choose to pay by EFT, Ndende Technologies shall have the right to request the customer to sign a debit order authorization in the event of a customer failing two or more times to pay within 3 days after the due date. Should the customer refuse to sign this debit order authorization, Ndende Technologies will be entitled to cancel the agreement without any prejudice to any other rights in law or contractually.
11.4 The customer agrees to Ndende Technologies rendering electronic invoices.
11.5 Unless otherwise agreed in the order, all monthly fees payable for services shall be invoiced by Ndende Technologies monthly in advance and are due on or around the 1st day of each month.
11.6 Monthly fees are required to be paid within 5 days from date of invoice via EFT or direct debit. Should the customer fail to do so, a reminder will be sent via text message or email. Payment will need to be received within 48 hours or services will be suspended until payment is received.
11.7 Any services supplied on a times and materials basis, as indicated in the order, shall be billed monthly in arrears and shall be payable upon invoice.
11.8 The customer may not withhold payment of any amount due to Ndende Technologies for any reason, including an alleged breach of contract by Ndende Technologies.
11.9 Should any amount invoiced be disputed, the customer shall not be entitled to withhold any such amount pending resolution of the dispute and any dispute will be referred to arbitration in accordance with clause 25.
11.10 Fees and charges not settled in terms of the agreement will bear interest at the prime rate of First National Bank Limited, such interest to be calculated from the due date of payment to the date of actual payment, both days inclusive, calculated daily and compounded monthly in arrears.
11.11 The prime rate as certified by any manager of First National Bank Limited will apply and the manager’s appointment and authority shall not need to be proved.
11.12 The customer shall reimburse all reasonable expenses authorized by customer and as are properly incurred by Ndende Technologies and Ndende Technologies’ personal in fulfilling Ndende Technologies’ obligations in terms of the agreement, including but not limited to goods and services purchased on the customer’s behalf, communications, stationery, report and presentation material, travelling and subsistence expenses as invoiced. Customer will not withhold authorization unreasonably.
12.1 Subject to clauses 12.2and 12.3, the monthly fees and charges set out in each of the applicable service orders shall be fixed for the duration of the contract term.
12.2 Ndende Technologies shall be entitled to adjust the monthly fees and charges in the event of any regulatory, or government-imposed factors impact on such fees and charges.
12.3 Ndende Technologies shall be entitled to review the monthly fees and charges for Session Initial Protocol (SIP), and other Telco voice carrier-class services from time to time and will provide the customer with thirty-day (30) days written notice to effect any fee adjustments as may be applicable.
13.1 Ndende Technologies shall institute all reasonable security measures to safeguard the premises and system.
13.2 The customer must follow all Ndende Technologies’ security instructions, including but not limited to advise Ndende Technologies in writing of any security violation or imminent violation and indemnifies Ndende Technologies against any loss, harm or damage suffered by Ndende Technologies, including third party claims, arising out of any breach of security caused by the acts or omissions of the customer or its personnel.
13.3 In the event of a security violation, or If Ndende Technologies, in its sole discretion, determines that a security violation is imminent, Ndende Technologies may take whatever steps it deems necessary to protect its system and/or the premises, including without limitation:
13.3.1 changing the customers’ access codes and passwords;
13.3.2 temporarily preventing access to the customer’s account or system;
13.3.3 preventing access to the system and/or premises;
13.3.4 relocating the customer’s site.
13.4 The customer shall give reasonable cooperation in any investigation that may be carried out by Ndende Technologies relating to a security violation.
13.5 It is the customer’s responsibility to ensure that it keeps all information relating to its account secure. Ndende Technologies will respond to all customer activity until such time as a customer has informed Ndende Technologies of a security violation and Ndende Technologies will not be liable for any damages caused to the customer in this regard.
Access to premises
14.1 Depending on the service, Ndende Technologies may grant the customer and its personnel access to the premises for purposes of the service.
14.2 The customer shall take all reasonable steps to ensure that no unlawful access is granted to the premises.
14.3 Ndende Technologies shall be entitled to search any person entering or leaving the premises and to inspect any accompanying goods.
14.4 When accessing the premises or site, the customer shall keep and maintain the premises and site tidy and return it in the same state received.
Intellectual Property Rights
15.1 Unless otherwise agreed, nothing in the agreement will be construed as assignment of any copyright or other transfer of any intellectual property rights.
15.2 The customer agrees to defend and hold Ndende Technologies harmless from all losses, or liability arising in any way from the customer infringing the intellectual property rights of third-party contractors.
15.3 The customer agrees to comply with all license or other terms of third-party contractors that supply goods or services for use in conjunction with the goods or services provided by Ndende Technologies.
Suspension of services
16.1 Ndende Technologies will be entitled to suspend the service with immediate effect and without notice if:
16.1.1 the customer has failed to make payment in terms of the agreement after receiving 5 (five) days’ written notice from Ndende Technologies;
16.1.2 the customer has committed any other material breach and failed to rectify it (if it is possible to rectify) within 14 (fourteen) days of receiving written notice from Ndende Technologies;
16.1.3 there is a security violation or imminent security violation of the system or website;
16.1.4 emergency maintenance, as determined by Ndende Technologies in its sole discretion is required;
16.1.5 it is necessary to comply with the law;
16.1.6 it receives a take-down notification from ISPA and the alleged conduct is in contravention of the Ndende Technologies Acceptable Use policy.
16.2 Ndende Technologies will be entitled to suspend the service and will endeavour to provide reasonable notice if routine maintenance, repair or the like is required, which maintenance Ndende Technologies shall endeavour to perform at times of low traffic volume.
17.1 Except as specifically provided for in the agreement, Ndende Technologies excludes all warranties, subject always to applicable law.
17.2 Ndende Technologies warrants that it has the infrastructure, capacity and personnel to provide the service in a workmanlike manner and in accordance with acceptable industry standards.
17.3 The services are provided “as is” and “as available” and without any further express or implied warranty of any kind, including warranties of fitness for purpose, non-infringement, non-compliance with legislation in the applicable jurisdiction.
18.1 Subject to clause 19 Ndende Technologies will not be liable for any loss or damage whatsoever and the customer indemnifies Ndende Technologies against such loss or damage that the customer may suffer as a result of the customer’s use of the services, fault, down-time, or outages of the goods or services or viruses, or security violations, howsoever arising and whether arising out of any problems with the services attributable to Ndende Technologies or any electronic communications network services or another third party contractor of electronic communications services, or for any other reason.
18.2 The customer further indemnifies Ndende Technologies against any claim resulting from:
18.2.1 the use of the customer’s data by a third party;
18.2.2 the loss of the customer’s data;
18.2.3 any non-compliance or breach with the agreement.
18.3 Notwithstanding the above, nothing in this agreement and/or any order, service order or acceptable use policy shall exclude or in any way limit Ndende Technologies’ liability for gross negligence or wilful misconduct.
Exclusion and limitation of liability
19.1 Ndende Technologies excludes all liability howsoever caused as a result of any use of third party contractor’s goods or services.
19.2 Unless the law provides otherwise, Ndende Technologies shall under no circumstances be liable for any special, indirect, consequential, economic or like damages which may arise pursuant to this agreement (or any act or omission arising during the course and scope of fulfilling its obligations in terms of this agreement), including, without limitation, any damages arising due to any loss of profits or loss of business.
19.3 Subject to applicable law, Ndende Technologies will only be liable for direct damages and the maximum total liability for direct damages as a result of breach of this agreement will in all circumstances be the monthly service fee (if any) paid by the customer for the last 2 months as set out in the relevant service order, prior to cancellation of the agreement. This maximum amount shall be an aggregate amount for all claims arising out of the causes mentioned.
The parties agree to treat all confidential information of the other party that is normally regarded as confidential information or not ordinarily available to the public as confidential for the period of the agreement as well as after termination of the agreement.
Termination and breach
21.1 Unless a fixed term is specified in the order, either party may cancel the agreement on 3 months’ notice.
21.2 If the customer commits a material breach of the agreement, Ndende Technologies may without any prejudice to any other rights afforded in terms of the law:
21.2.1 terminate and/or suspend the customer’s access or use of the service with immediate effect;
21.2.2 claim immediate payment of all outstanding fees and charges and future fees and charges due in terms of the agreement which fees and charged will become due and payable on demand.
21.3 Customer may without any prejudice to any other rights afforded in terms of the law and with no penalties terminate the agreement with immediate effect if;
21.3.1 Ndende Technologies does not supply the services despite 14-days written notice from the customer to supply the service.
21.3.2 Ndende Technologies commits any material breach of the agreement and fails to rectify it on 14 days written notice.
21.4 Subject to clause 21.2 should either party fail to comply with any of its obligations or commit a breach of the agreement and fail to remedy such default or breach within 14 (fourteen) days after having received a written notice to do so, or be placed in provisional or final liquidation, or judicial management, or enter into any compromise or scheme of arrangement with its creditors, or fail to satisfy a judgment taken against it within 10 (ten) days, the other party shall be entitled to terminate this agreement on written notice to the defaulting party.
Subject to no outstanding payments being due to Ndende Technologies, Ndende Technologies will upon termination of the agreement render such reasonable assistance to the customer to enable the customer to migrate any services affected by such termination to a service provider of the customer’s choice.
23.1 Neither party shall be liable for any delay in performing or any failure to perform any obligations under this agreement due to any cause beyond their reasonable control, including but without being limited to any of the following: strikes, lock outs or other industrial action, sabotage, terrorism, civil commotion, riot ,invasion, war, threat of or preparation for war, fire, explosion, storm, flood, subsidence, epidemic or other natural physical disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; any act or policy of any state or government or other authority having jurisdiction over either party, sanctions, boycott or embargo, failure of any supplier of electricity, including ESKOM, telecommunication infrastructure or services, including TELKOM or any similar circumstances beyond the reasonable control of Ndende Technologies.
23.2 Upon the occurrence of any delay or failure referred to in this clause the provisions of this agreement affected shall be suspended for as long as the cause in question continues to operate, provided that if that cause has not ceased to operate within 2 (two) months from when it first arose, this agreement may be terminated by either party on written notice to the other.
24.1 The parties will make every effort to cooperate and agree on matters covered by or arising from this agreement, and to resolve any disputes fairly and quickly between them arising from this agreement.
24.2 Any dispute regarding the calculation of quantum of any payment shall be referred to an independent accountant to be agreed upon, failing which the South African Institute of Chartered Accountants will appoint someone. The accountant shall act as an expert and not as an arbitrator and will be requested to give his decision as soon as reasonably possible, alternatively within 10 business days after the dispute has been referred. The accountant’s finding shall be final and binding and the relevant party will pay the amounts due within 7 days of the decision being made.
24.3 If any other dispute cannot be resolved by the parties themselves within 14 (fourteen) days of being declared by one of the parties in writing that dispute be submitted to and decided by arbitration.
24.4 Such arbitration shall be held:
24.4.1 at Cape Town or at such other place as the parties may agree;
24.4.2 subject to any direction by the arbitrator, in an informal manner without any pleadings or discovery of documents and without it being necessary to observe the strict rules of evidence;
24.4.3 as soon as possible with a view to it being completed within 1 (one) month of the date on which the dispute is referred to arbitration; and
24.4.4 subject to anything contrary in this clause 24, in accordance with the provisions of the Arbitration Act 42 of 1965.
24.5 The arbitrator shall be agreed upon between the parties in writing. In the event of the parties failing to reach agreement as to the arbitrator within 5 (five) days after the arbitration has been demanded, the arbitrator shall be appointed by the Arbitration Foundation of Southern Africa.
24.6 The arbitrator:
24.6.1 shall decide the dispute submitted to him expeditiously and, if possible, within 1 (one) month after the submission thereof to him;
24.6.2 may call for whatever representations, evidence or arguments from the parties which he may consider appropriate in the circumstances;
24.6.3 may consult with other professionals or experts in any relevant field as he in his sole discretion may deem necessary to enable him to arrive at a just decision, although nothing in this clause shall preclude him from relying on his own expertise and/or experience;
24.6.4 shall decide in his sole discretion on what proportions in which the parties are responsible for all charges, costs and expenses incurred in resolving the dispute and as to whether, at what rate, and to what period a party may be entitled to interest. In this regard, the arbitrator may take into account any travel and other expenses incurred by any party who is required to travel to the arbitration hearing; and
24.6.5 shall give his decision in writing.
24.7 The parties hereby irrevocably agree that the decision of the arbitrator in any such arbitration shall be final and binding upon them. In the event of a party failing to comply with such decision the other party shall be entitled to institute legal proceedings for the enforcement of that decision.
24.8 This clause is separate from the rest of the agreement and will remain effective between the parties if this agreement is terminated.
24.9 The aforegoing shall not restrict the right of either party to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Western Cape High Court of South Africa for such purposes.
25.1 Nothing in this agreement will constitute any relationship of employment, subcontract or partnership and neither party will be able to bind the other party contractually.
25.2 The parties choose as domicilium citandi et executandi the address stipulated in the order.
25.3 This agreement will be regulated and interpreted in accordance with the laws of South Africa.
25.4 A party may only assign its rights and obligations under this agreement to a third party with the written consent of the other party.
25.5 This agreement constitutes the entire agreement between the parties and no variation will be of any effect unless agreed to in writing and signed by both parties. Signature for purposes of this clause does not include an electronic signature as provided for in the ECT Act.
Privacy and monitoring
26.1 Ndende Technologies recognizes the right to privacy.
26.2 The customer agrees that Ndende Technologies will have no duty to monitor the data transmitted through the system, but may monitor the system and site for operational purposes and to comply with applicable legislation, including but not limited to:
26.2.1 the Regulation of Interception of Communications and Provision of Communication-related Information Act (Act 70 of 2003);
26.2.2 the Film and Publications Act (Act 65 of 1996);
26.2.3 The Electronic Communications and Transactions Act (Act 25 of 2002).
26.3 Ndende Technologies is committed to conduct business in compliance with the applicable legislation.
26.4 If Ndende Technologies in its sole discretion determines any customer data or content available on the system to be in violation of the Acceptable use policy, or if Ndende Technologies receives a take-down notice from ISPA, Ndende Technologies may terminate or suspend the service in accordance with clause 16.
Profile information collected from you
27.1 When you register for the Ndende Technologies service we collect your company name, your name and both sets of contact details.
27.2 Further information may be collected from you throughout the course of the relationship with us.
27.3 This information is used by us to support your interaction with our site and to ensure that only the authorized user is instructing us via the web portal.
27.4 Your e-mail address or mobile phone number may be used to send you communication regarding the progress of your matter, to notify you of any changes or updates to the Ndende Technologies service, and to send you relevant news and data from time to time. We will not share your e-mail address with any third parties.
28.1 By using, accessing or viewing this website you agree to these terms and conditions, including any document that may be incorporated by reference thereto.
28.2 You may only use this website and its content in order to view, refer to, utilize or print information for lawful purposes.
28.3 The use of this website does not extend to its’ source code or to the source code of any software or computer program that forms part of the website.
28.4 You are not allowed to republish any information obtained on this website or distribute it in any manner.
28.5 Use of this website is strictly at your sole risk.
28.6 We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of this website or withdraw any of the content; or your right to use this website.
28.7 We reserve the right to make amendments to the content and information on this website, including, but not limited to, amendments to pricing and rates. You acknowledge that each time you use the website it is your duty to familiarize yourself with any amendments that may have been made since you last used the website.
28.8 Automated transactions and searches are subject to these terms and conditions.
28.9 The use of malicious search technology is prohibited.
28.10 The use of search technology in an unlawful manner or for the collecting or harvesting of data for commercial gain is prohibited.
Limitation of Liability
29.1 Ndende Technologies will not be liable for any unavailability, interruption, downtime, malfunction, or failure of this website or the disappearance of content from the website for any reason whatsoever.
29.2 Ndende Technologies will not be liable for any viruses, destructive materials or any other data or code (‘harmful material’) which is able to harm or otherwise impede in any manner the operation of a computer system, network, handset or mobile device and the user accepts the risk associated with the existence of such harmful material.
29.3 Ndende Technologies strictly agrees to adhere to the guidelines relating to consumer protection, as specified in Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, and other relevant pieces of legislation.
Copyright and Intellectual Property Rights
30.1 Copyright in all information, images, icons, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to Ndende Technologies.
30.2 All intellectual property rights (whether existing before or after the agreement commences) that each party owns remains the sole and exclusive property of that party.
Exclusion of Representations
31.1 We reserve the right to change the website and content without notice.
31.2 This website is provided without any representation or warranty whatsoever.
31.3 We do not accept any responsibility for any errors or omissions on this website.
32.1 You warrant that all information that you provide to us is:
32.1.1 correct, accurate and as recent as possible; and
32.1.2 obtained via means, not in contravention of any law or legislation.
32.2 You warrant to us that the authorized representative, as identified in the application form, has the necessary authority to instruct us and bind you, to proceed with all and any instructions made by said authorized representative to us.
Restrictions on Use
33.1 You may not use this website to obtain or distribute:
33.1.1 copyrighted material or material protected by laws relating to intellectual property rights without our permission;
33.1.2 harmful materials which are able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
33.1.3 material which is defamatory, unlawful or contains hate speech in our discretion; or
33.1.4 bulk e-mail, whether solicited or unsolicited.
33.2 You must not interfere or attempt to interfere with or jeopardize the functionality or the operation of any part of this website or any part thereof.
33.3 You shall not use this website for ‘spoofing’, ‘hacking’, ‘flaming’, ‘cracking’, ‘phishing’ or ‘spamming’ or any other activity designed or aimed at achieving similar purposes.
33.4 You may not intercept any information transmitted to or from us.
34.1 From time to time we may place cookies on your hard drive; a cookie is a small piece of information stored by your browser, typically used to identify returning visitors, and to collect aggregate information on the number of visitors to a site and the number of pages viewed.
34.2 When you register and log in we will place a unique identifier cookie on your hard drive; this cookie will be used to maintain logged-in status for the duration of your visit, and to log you in automatically on subsequent visits.
34.3 You can choose to prevent the site from storing cookies on your hard drive by disabling cookies in your browser options, but this will mean that you will have to log in manually each time you visit the site.
34.5 Cookie information is used only by us and our agents and is not provided to any other organization.
35.1 From time to time we may collect information such as click data and page-view statistics, the name of the Internet service provider and the IP address through which you access our site, the date and time you access the site, the pages that you access while at the site, and the Internet address of the website from which you navigated to our site.
35.2 This information is not personally identifiable and is used in aggregate for website and system administration, traffic and trend analysis and business decision-making.
36.1 The terms and conditions contained herein shall be deemed to be exclusive and applicable to each and every contract entered into between us. Any variation hereof shall not be binding unless reduced to writing and signed by Ndende Technologies.
36.2 The address stated on the invoice will be that supplied to us by you and shall be deemed to be your chosen domicilium citandi et executandi, and any letter, notice or process shall be validly served if sent to such domicilium
Uncapped Internet Services
- Internet bandwidth supplied by Ndende Technologies will be shaped or prioritised such that protocols deemed as non-business usage will be deprioritised, these include but are not limited to Torrent (BitTorrent), News servers (NNTP) and Peer to Peer traffic. VOIP and other real-time protocols will receive preference, as long as no other demands exists.
- Should the customer directly or indirectly be found to originate SPAM, be suspected of hacking activities of Ndende Technologies’ or other networks, attempt to subvert the management or QOS mechanisms on Ndende Technologies’ network or any other activity which may be reasonably viewed at abusive, and will be dealt with as such.
Reservation and Non-Waiver of Rights
- Ndende Technologies reserves the right to amend or alter this policy at any time, and without notice to you, however will make reasonable efforts to make this policy available in document or online format via a supplied URL
- Ndende Technologies reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.
- Ndende Technologies reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.
- Ndende Technologies reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.
- Ndende Technologies does not undertake to guarantee the security of any data passing through its networks.
- Ndende Technologies will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Ndende Technologies cannot be held liable for any loss or damage arising as result of the failure to do so.
- Ndende Technologies does not waive its right to enforcement of these Terms and Conditions at any time, or prejudice its right to take subsequent action, should Ndende Technologies fail, neglect or elect not to enforce a breach of the Terms and Conditions at any time.
ISPA is the appointed agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200