Terms and Conditions

This agreement sets out the standard Consultant (Datavest Technologies CC – Company registration number 2007/248602/23; hereinafter referred to as ”Consultant”) Service Agreement, which is designed to maximize the efficiency and quality of service for all its clients.

INTRODUCTION

Datavest Technologies is an Information Technology services provider, and its services (the Services) are provided to its clients (You; Your) subject to compliance with the following terms and conditions (this Agreement).  Use of Datavest Technologies’ Services indicates your acknowledgement that you have read and understood this Agreement, and that you agree to be bound by it.

PURPOSE AND OBJECTIVE

The purpose of this agreement is to set out and outline the:

    1. Information and Communication support services that Datavest Technologies will provide to the Customer;
    2. General levels of response, availability and maintenance associated with the support services;
    3. Responsibilities associated with this agreement of Datavest Technologies as a service provider;
    4. Responsibilities associated with this agreement of the Customer as the party receiving the services;
    5. Process for requesting the services in terms of this agreement by the Customer; and
    6. Fees payable for the services rendered in terms of this agreement.

COMMENCEMENT, TERM AND TERMINATION

    1. This agreement shall commence on the date that the services are first made available to you, and shall endure for an indefinite period thereafter, on the same terms and conditions set out int his agreement, until terminated by either party giving the other party one calendar month prior written notice.
    2. This Agreement shall be deemed to have been concluded in Pretoria, South Africa, by Datavest Technologies’ acceptance of your offer on the terms and conditions as provided in this agreement.
    3. By making use of the services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

SCOPE AND STANDARD OF SERVICES

A detailed scope of standard service is outlined below:

Services to be rendered to the Customer by Datavest Technologies in terms of this agreement will include:

    1. Retainer Maintenance Services (per device)
      • Local and Wireless Network infra structure support and maintenance – network configuration, network protocols, router configuration, network switch maintenance, firewalls, access to internet services;
      • Core IT systems Support – Email configuration, access to files on storage devices, network printing and local printing;
      • Basic support services – Hardware and software installation, ICT equipment rental, hardware and software re-installation, specific ICT training, data capturing;
      • Fault finding and troubleshooting;
      • Support with onsite backup solutions.
    2. Adhoc Support Services (per call out and per hour)
      • Local and Wireless Network infra structure support and maintenance – network configuration, network protocols, router configuration, network switch maintenance, firewalls, access to internet services
      • Core IT systems Support – Email configuration, access to files on storage devices, network printing and local printing;
      • Basic support services – Hardware and software installation, ICT equipment rental, hardware and software re-installation, specific ICT training, data capturing;
      • Fault finding and troubleshooting;
      • Support with onsite backup solutions.
    3. Remote Support Services (Retainer and Ad hoc per connection and per hour)
      • Remote support via Teamviewer, Remote Desktop, AnyDesk and Atera – Email configuration, software installation, software updates, backup monitoring.
    4. Domain Registration and Hosting Services
      • Registrations;
      •  Hosting;
      • Renewals;
      • cPanel;
      • maintenance;
      • Mailbox support;
      • Domain SQL server support;
      • DNS entry Management;
      • cPanel backups.
    5. Online Subscription Services
      • Online Exchange;
      • Office 365 Software Subscriptions – Office 365 Premium, Sharepoint Online, Office 365 Professional, Microsoft Projects;
      • Remote Monitor Management;
      • Webroot Online Antivirus.
    6. Internet Connectivity Services
      • DSL Line Management;
      • Fibre Line Management;
      • Wireless Internet via Radio Frequency;
      • Data Packages;
      • LTE Subscriptions.
    7. Cloud Backup Services
      • Atera Cloud Backup;
      • Microsoft OneDrive (Limited);
      • Dropbox (Limited);
      • Google Drive (Limited).

SERVICE AVAILABILITY AND SUPPORT

  1. Business Hours include the following:
    • Monday to Thursday 08h00 – 17h00
    • Friday 08h00 – 15h00

 2. After Hours include the following:

    • Monday to Thursday 17h00 onwards
    • Friday 15h00 onwards
    • Saturday
    • Sunday and Public Holiday

CHARGES

    1. Service charges are provided either on a monthly, quarterly, bi-annual or an annual basis, and are calculated in accordance with the billing agreement.
    2. Datavest Technologies charges for Services on a monthly, quarterly, bi-annual or annual basis with fees payable in advance by you to Datavest Technologies. A valid debit order mandate must be submitted to Datavest Technologies within seven days of your placing an order for the services. A rejected debit order will accrue an additional handling fee of R40 per rejection.
    3. Should you choose not to make use of a debit order, the only method of payment available would be in advance by EFT into Datavest Technologies’ nominated bank account within seven (7) days upon delivery of the invoice.
    4. All internet connectivity services are charged based on the selected package and does not include any call outs or labour unless otherwise specified. Should any support be required in terms of configuration or troubleshooting, a service fee will be applicable.
    5. Datavest Technologies shall be entitled (without obligation) to suspend the services on non-payment of applicable charges which are due and payable by you until due amounts are paid. A reconnection fee of R175-00 will be charged upon reconnection of the services.
    6. In the event of a legal dispute between the parties, you will be obliged to continue paying the charges as they become due and payable in terms of this agreement.
    7. Notwithstanding anything to the contrary, ownership of any goods or facilities installed or otherwise provided by Datavest Technologies to you will vest in Datavest Technologies or the supplier thereof, until the full purchase price has been paid, without any form of deduction or set off.
    8. Datavest Technologies reserves the right to adjust service charges at their sole discretion. A change in charges will be effective immediately and will be recovered from you as soon as possible thereafter.
    9. All charges are based upon South African Rand United States Dollar exchange rate.

RETAINER MAINTENANCE ADDITIONAL CHARGES

  1. Additional charges will apply but not limited to the following:
      • Server reloads;
      • New server installations;
      • Offsite repairs;
      • Hardware and software installation;
      • Network installation;
      • Data recovery;
      • Services provided on any infrastructure not covered or specified within the retainer;
      • Support exceeding retainer hours in a month;
      • Remove support exceeding retainer hours in a month.
      • Call outs exceeding the retainer call out quantity in a month.

REQUESTING SUPPORT

    1. The client can request support at the Datavest Technologies admin department by any of the following means:
    2. The admin department will then forward the request to the specific technician required to complete the task.
    3. If the client wishes to escalate any of the abovementioned requests, the following person(s) should be contacted in the following order:
    4. IT Consultant Hein Sander (hein@datavest.co.za / +27 72 598 3265).
    5. All requests as mentioned above will be considered as a support request, whereby an appointment will be scheduled.
    6. Datavest Technologies reserves the right to charge a service fee upon any advice via telephone, email or similar communication of any kind.
    7. The client will make his employees familiar with the terms, availability and charges of this agreement.

REFUND POLICY

HARDWARE WARRANTY

    1. All hardware supplied by Datavest Technologies carry a twelve (12) month carry in warranty from the manufacturer or distributor, unless otherwise indicated.
    2. Datavest Technologies carries no responsibility regarding issuing of the warranty.
    3. Should any hardware be faulty within seven (7) days upon installation, the hardware should be returned to Datavest Technologies in its original packaging. Should any of the package content be missing, a 15% handling fee will be applicable.
    4. In the event of purchased warranty extension, the supplier of the warranty should be contacted according to the warranty extension Terms and Conditions.
    5. Should you request Datavest Technologies to return the hardware on your behalf, a Call Out fee will be applicable.
    6. All consumables (printer cartridges, printer toners, etc) are non-refundable and should be verified before purchased.

ONLINE AND SYSTEMS SERVICE GUARANTEE 

    1. Datavest Technologies offers you a seven (7) day guarantee of satisfaction on all work done on Operating Systems and Software Applications but exclude changes made by updates from the software vendor or any incompatibility of other Service Providers.
    2. Datavest Technologies offers you a thirty (30) day guarantee of satisfaction on all online related services (Hosting Solutions, Internet Connectivity, Cloud Solutions).
    3. If you choose to discontinue any online related service with us during the first 30 days of service due to our failure to comply with our predetermined, high standards, a full refund will be made of the fees paid by the customer for those services up to the date of termination. Direct costs incurred by Datavest Technologies will, however, not be refunded (by way of example, the costs incurred in obtaining a domain name registration on your behalf).
    4. Datavest Technologies will offer a refund for the services if your written request for termination is received within seven (7) days of its receipt of your initial order. The onus is on you to ensure that Datavest Technologies receives your termination request.
    5. Any cost(s), which Datavest Technologies may have incurred directly or indirectly as a result of the initial order are non-refundable. Such items include without limitation domain name(s) registrations, cloud services configuration, man-hours, and traffic volume.
    6. Refunds will be made by electronic bank transfer to a legitimate bank account (include a bank letter and copy of ID document).
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USE AND SECURITY OF YOUR ACCOUNT

    1. You recognise and understand that the security of your account is your sole responsibility. You confirm by this agreement that Datavest Technologies shall be entitled to rely on the fact that any person that has access to the services via your account shall be deemed to do so in your name and with your consent.
    2. You undertake to notify Datavest Technologies immediately in writing if you have cause to believe the security of your account has been compromised.
    3. You shall be held fully responsible for any misuse of or compromise to your account of which Datavest Technologies is not notified in writing.
    4. Datavest Technologies reserves the right to suspend access to your account, pending a full investigation and resolution thereof, if any security violations are reasonably believed to have occurred in association with your account.
    5. Datavest Technologies further reserves the right to cooperate with any lawful investigation regarding any aspect of your use of the services.
    6. Any use of the Services to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

USER CODE OF CONDUCT AND PROHIBITED ACTIVITY

    1. The Services may only be used in accordance with this agreement, and for lawful purposes. Use of the Services which violates this agreement, or any applicable laws, is strictly prohibited.
    2. You undertake to adhere to systems and acceptable use policies as published online by Datavest Technologies (which may be amended from time to time), including restrictions on aspects of the services associated with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of the Services at Datavest Technologies. You undertake to abide by all current and future Datavest Technologies policy decisions.
    3. You understand and acknowledge that by using the services to make information available via the Internet or any of its protocols, such information may become available to all Internet users, and that Datavest Technologies assumes no obligation or liability in limiting or restricting access to such information, or protecting such information from infringement.
    4. You assume total responsibility and risk for your use of the services and the Internet. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, products and services, and any other information, and the quality of all merchandise provided through Datavest Technologies or on the Internet generally.
    5. While using the Services, you may not (nor may you authorise or permit any third party to) knowingly and intentionally:
      • Use the Services in any manner prohibited by relevant legislation, including the Electronic Communications and Transactions Act 25 of 2002;
      • Post, access or transmit any unlawful information (including without limitation abusive, defamatory, obscene, or like infringing information of any kind; any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws);
      • Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
      • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
      • Cause damage to or otherwise interfere with the proper operation of Datavest Technologies’ systems, including without limitation the fraudulent use, falsification or other circumvention of identification procedures, the obtaining access beyond that which you are authorised for, or impairing the availability, reliability, or quality of Datavest Technologies’ services to other clients;
      • Cause damage to or otherwise interfere with the proper operation of any other information systems accessible via the Internet, including any attempt at unauthorised access of restricted forums or resources;
      • Avoid or contravene the Acceptable Use Policy of any network or service you connect to via the Internet; or
      • Make use of the services for the transmission or facilitation of spam (which may be declared so by Datavest Technologies in its sole and unfettered discretion, following an investigation into your use of the services for qualities including the transmission or facilitation of the transmission of information which is characterised as being unsolicited (whether of not being of a commercial or promotional nature), or where a single or similar message is transmitted or facilitated in bulk, and considered to be an annoyance or hindrance to others), whether by email, or any other communication mechanism relying on the Services.

Any breach of this clause will constitute a material breach of this Agreement, and shall, without derogating from any other right of recourse available to it, entitle Datavest Technologies to immediately suspend the services.

YOUR WARRANTIES

    1. You undertake to only use the services, any hardware and any associated software (where applicable) in accordance with Datavest Technologies or supplier instructions and/or software license in effect from time to time.
    2. You undertake to indemnify and keep Datavest Technologies indemnified from any claim howsoever arising (lawful or otherwise), brought by any third party resulting from your use of the services. You undertake to pay all costs, damages, awards, fees (legal fees on an attorney-and-own-client scale, whether incurred prior to, during or after the institution of legal proceedings) and judgments finally awarded against Datavest Technologies arising from such claims.
    3. You undertake at all times to acquaint Yourself with and abide by applicable legislation and regulation, and accordingly indemnify Datavest Technologies against any and all damages or loss occasioned by your non-compliance hereof.

DOMAIN NAMES

    1. You hereby confirm and warrant that you are the owner of, or are otherwise authorised or entitled to use a trade or service mark associated with any domain name(s) used or applied for and used in conjunction with the services.
    2. You warrant that your application for, and where applicable, use, of a domain name(s), in connection with the services, will not infringe the rights of any other person(s), whether in statute or at common law.
    3. You indemnify Datavest Technologies and hold it harmless against any and all claims or losses arising out of any action brought by a third party whose rights in respect of a logo, business name or trade mark have been infringed by you.
    4. If you request that Datavest Technologies registers domain name(s) for and on your behalf, you acknowledge that:
      • Datavest Technologies does not guarantee that the domain name(s) you request is/are available for registration, or that the use of such domain name(s) will not infringe any third party rights;
      • Datavest Technologies is not a domain name provider, but a mere third-party agent acting on your instructions, to the extent that those instructions are possible and lawful;
      • The registration of the domain name(s) and its/their future availability and use is subject to the terms and conditions of use of the domain name(s) provider;
      • Datavest Technologies charges an additional service fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a domain name(s) on your behalf;
      • The registration and maintenance of the use of the domain name(s) may be subject to Alternate Dispute Resolution procedures here and internationally, and you acknowledge that your rights in and use of the domain name(s) may be subject to the determinations of juristic panels constituted in accordance with the terms and conditions of such procedures, and
      • Any fees and associated charges incurred in the process of applying for, renewal and maintenance of registration of the domain name(s), including any administrative work performed by Datavest Technologies following a dispute to the domain name(s) are for your account, and are non-refundable.
      • Any Internet Protocol (IP) address allocated by Datavest Technologies to you shall at all times remain the sole property of Datavest Technologies, and you will have a non-exclusive, non-transferable license to use such IP address for the duration of this agreement.
      • If this Agreement is terminated, for whatever reason, your license to use the IP address shall immediately, automatically, and without prejudice, terminate.

DISCONTINUANCE OF SERVICES, MONITORING, NOTIFICATION

    1. Datavest Technologies reserves the right to refuse or discontinue all or part of the services at its sole discretion if you engage in any conduct or activity that Datavest Technologies in its sole discretion believes violates any of the terms and conditions in this agreement, or is detrimental to its interests hereunder.
    2. You acknowledge that Datavest Technologies has the right to monitor your use of the services from time to time in accordance with applicable legislation, and to disclose any information as is necessary in compliance with the law.
    3. Datavest Technologies assumes no obligation to act as an information content monitor, but reserves the right to refuse to post, or to remove from publication, any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of law or of this agreement.
    4. Datavest Technologies shall have no obligation, on discontinuation of provision of the services, to notify any third-party providers of services, merchandise or information, nor shall it be liable for any consequences resulting from such discontinuance or lack of notification.

NO WARRANTIES

    1. Other than as set out in this agreement, Datavest Technologies, its employees and agents may neither express nor implied warranties or representations of any kind in respect of the services, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for any particular purpose. The services are provided on an “as is” and “as available” basis. All warranties that are implied or residual in common law are hereby expressly excluded.
    2. Without limitation to the generality of the above clause, Datavest Technologies does not warrant that the services available to You:
      • will be preserved or sustained in their entirety;
      • will be suitable for any purposes;
      • will be free of errors, defects, bugs or viruses of any kind;
      • and Datavest Technologies assumes no liability, responsibility or obligation with regard to any of the exclusions as set out in this clause.

EXCLUSION OF LIABILITY

    1. Under no circumstances shall Datavest Technologies be liable to you or any third party for any direct, indirect, special, punitive, consequential or incidental loss or damage (including without limitation damage to property, business, or goodwill, or loss of profit, revenue or anticipated savings) that result directly or indirectly from your use of or inability to use the services, or for third parties’ use of the services, or your or any third parties’ reliance on or use of information, services, or products provided together with, on or through the services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
    2. Subject to the above clause, the entire liability of Datavest Technologies, and your exclusive remedy for damages related to or arising from this agreement, whether in contract or in delict, will not exceed the average aggregate of the charges paid by you to Datavest Technologies during the 3 months directly preceding the claim.
    3. Datavest Technologies reserves the right from time to time to suspend access to or provision of the services for maintenance and repair work to its systems and infrastructure. In such instances and where possible, Datavest Technologies shall endeavour to provide due notice in advance of any restriction of or limitation to the services. Any liability for any loss or damage arising from such restriction or limitation, whether direct or consequential, is hereby excluded, and the provisions of the first Exclusion of Liability clause above shall apply with the necessary changes to such restriction or limitation.

INDEMNIFICATION

    1. You agree, without limitation or exception, to indemnify, defend, and hold harmless Datavest Technologies from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees (on an attorney-and-own-client costs scale basis), causes of action or claims caused by or otherwise resulting indirectly from your use of the services which causes damage, either to you, Datavest Technologies, or any other third party.
    2. This indemnification extends to all issues associated with your account, including but not limited to domain name(s) selection and web site content.

CLIENT INFORMATION, FINANCIAL INFORMATION, RIGHT OF USE

    1. You warrant that all information provided by you to Datavest Technologies, including without limitation all your identification and contact information, is true and correct, and that should such information change, you will notify Datavest Technologies thereof within thirty (30) days of such change.
    2. You further warrant that you are the authorised user of any financial information provided (including without limitation any current account or credit card information) provided to Datavest Technologies, and that Datavest Technologies has the right to investigate and pursue any possible fraudulent use thereof.

VIRUS SCANNING, SPAM FILTERING, PERMANENT DELETION AND BACKUP OF DATA

    1. Your use of the services is at your sole risk. Datavest Technologies is not responsible for the security or integrity of any information stored with Datavest Technologies and associated with your account.
    2. You undertake full responsibility for the integrity of all files and information communicated via the services, and you will ensure and maintain appropriate backup facilities of files and information stored on Datavest Technologies servers.
    3. You acknowledge that, upon the termination of this agreement for whatsoever purpose, Datavest Technologies shall be entitled to permanently remove your information from its servers within a reasonable period, following notice to you. If You have not made alternative arrangements acceptable to Datavest Technologies for the safe transfer or further storage of your information, Datavest Technologies accepts no liability for the permanent deletion thereof.
    4. As a responsible party facilitating access to the Internet and associated protocols, Datavest Technologies has a virus scanning and spam filter activated by default. In the unlikely event that ‘false positives’ (a legitimate message mistakenly marked as spam) occur, Datavest Technologies will not be held liable for any direct, indirect or consequential loss, should legitimate information incorrectly be identified as spam or a virus, and filtered out, and the provisions set out in clause 1 of the Exclusion of Liability provision above will apply, with the necessary changes.
    5. Datavest Technologies provides an online storage as part of a cloud backup solution for locally stored content (on local hard disk drive, NAS devices or any type of storage) and will not be held responsible for any loss or damages due to backup failures. Full reporting of the backup status can be made available upon your written request.
    6. Datavest Technologies manages all local backup solutions as part of a maintenance service and will not be held responsible for any loss or damage due to backup failures. The success of these backups remain your sole responsibility and the status thereof can be made available upon your written request.
    7. Any form of data which is stored on a server, laptop, personal computer, tablet, mobile phone or electronic equipment of any kind remains your responsibility in any event that any work be done off site on any of the above-mentioned devices.
    8. Insurance and any excess payable, upon loss, theft or damage, on any equipment or devices remain your responsibility in any event that any work be done off site.

STORAGE AND DISPOSAL OF ELECTRONIC EQUIPMENT

    1. Any repairable equipment sent to Datavest Technologies for assessment will be stored for a maximum of seven (7) days after the assessment has been completed.
    2. The repair quote should either be paid in full within seven (7) days or instructed for the items to be collected or delivered.
    3. Courier or delivery fees will apply should the client request Datavest Technologies to deliver the equipment.
    4. Any equipment which is not repairable is classified as electronic waste and will be disposed seven (7) days after the assessment has been completed unless otherwise indicated by the client in writing.
    5. Datavest Technologies will not be held responsible for any loss or damage of any equipment which is not claimed within the said period of this agreement.

SOFTWARE LEGALITY

    1. Datavest Technologies will only supply legal proprietary computer software packages and adhere strictly to all license conditions;
    2. The client must ensure that they own legal copies of all software installed on all equipment;
    3. Should any of the computer software not be legally owned by the client, Datavest Technologies supply a proposal to rectify such situation as Datavest Technologies cannot condone the fraudulent use of proprietary computer software;
    4. Datavest Technologies will not be held responsible for any loss or damages associated with the fraudulent use of proprietary computer software packages by the client;
    5. It is the sole discretion of Datavest Technologies to provide any type of support on the above-mentioned systems. The client agrees they can therefore not claim any warranty of service due to failure to comply with the software requirements set out in this agreement.

INTELLECTUAL PROPERTY

    1. You acknowledge that, by virtue of this agreement, you acquire no interest or any other right in the intellectual property of Datavest Technologies or its affiliates, and that all such intellectual property is and shall remain the exclusive property of the party to which it belongs.
    2. If you become aware of any actual, threatened or suspected infringement of such intellectual property, you undertake to immediately notify Datavest Technologies thereupon in writing.
    3. Datavest Technologies reserves the right to remove any device of application, which belongs to Datavest Technologies, upon termination of this agreement.
    4. Datavest Technologies takes no responsibility for any loss or damages upon the removal of the intellectual property of Datavest Technologies.

BREACH

    1. In the event of either party committing any breach of this contract the aggrieved party shall be entitled to give the defaulting party written notice, which notice is either to be handed to the defaulting party or sent to him by email or prepaid registered post to the address referred to in this agreement, describing the obligation the defaulted has failed to fulfill, demanding that such obligation be fulfilled within not less than 7 (SEVEN) days from the date on which such notice was handed to the defaulted or sent to him as above stated, as the case may be, and indicating the steps the aggrieved party intends taking if the obligation in question is not fulfilled. In the event of the defaulter failing to comply with such demand the aggrieved party shall be entitled, without prejudice to any other rights to which he may, in law, be entitled, should the aggrieved party be the supplier:
      • To sue for the immediate payment of all monies then remaining owing in terms of this contract, whether then due or not, or;
      • To terminate this contract, to recover possession any equipment and to recover such damages as he may have suffered and, in either event;
      • To recover all legal costs incurred by him, including collection commission, on the Attorney and Client scale.
      • To institute proceedings for the enforcement of its rights in terms hereof, or;
      • To recover such damages as it may have suffered and to recover all legal costs incurred by him, including any collection commission, on the Attorney and Client scale.

DOMICILIUM AND NOTICES

    1. The Parties choose as their respective domicilium citandi et executandi (“domicilium”) the address as mentioned in Annexure A attached hereto.
    2. Any notice, order, acceptance, demand or other communication addressed by any party to any of the other parties at their domicilium in terms hereof for the time being and:
      • sent by prepaid registered post or via email, shall be deemed, in the absence of proof to the contrary, to have been received by the addressee on the eighth day following the date of posting thereof;
      • sent by telefax, shall be deemed, in the absence of proof to the contrary, to have been received by the addressee on the date appearing on the transmission sheet;
      • delivered by hand, shall be deemed, in the absence of proof to the contrary, to have been received by the addressee on the date of delivery;
      • communications will be deemed to have been delivered on the 7th working day following despatch if sent by post or the first working day after despatch if sent by telefax, email or SMS.
    3. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by an addressee shall be regarded as an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at the chosen domicilium.
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GENERAL

    1. Choice of Law, Jurisdiction: This agreement shall be governed in all respects by the laws of the Republic of South Africa. Both Parties consent to the non-exclusive jurisdiction of the Magistrates Court, with regard to any proceedings in connection with the agreement, but you acknowledge that Datavest Technologies shall be entitled to institute proceedings in the High Court of South Africa.
    2. In the event of a registered Company, Close Corporation or Trust being the client, the signatory on behalf of such Company, Close Corporation or Trust by virtue of his signature hereto binds himself as surety and co-principal debtor, jointly and severally with the Company, Close Corporation or Trust for the fulfilment of all the terms and conditions of this Contract.
    3. Incorporation by Reference: This agreement shall be interpreted as including by incorporation by reference the Acceptable Use Policy and Privacy Policy as published from time to time on the Datavest Technologies website.
    4. Pre-Contractual Negotiations: This agreement supersedes any written, electronic, or oral communication you may have had prior to the conclusion of this agreement with Datavest Technologies or any agent or representative thereof, and this agreement constitutes the complete and total agreement between the parties.
    5. Acting as Principal: Each party warrants that, in entering into this agreement, it acts as a principal and not as an agent for any undisclosed principal.
    6. Unilateral Amendment: Datavest Technologies shall be entitled to unilaterally amend the terms of this agreement insofar as they relate to the applicable charges from time to time, which shall then become effective as from the date Datavest Technologies notifies you thereof. Further, Datavest Technologies shall be entitled to unilaterally vary the terms of this agreement upon a change in the law as it applies to the telecommunications sector in general, in order to continue to offer its services to all then current clients.
    7. No Variation: Subject to the aforegoing provision, no acceptance by you of information offered by Datavest Technologies, its agents or employees, shall constitute an agreement expanding or diluting the terms and conditions of this agreement, unless such offer and acceptance is explicitly intended to vary this agreement in an addendum, and is signed by an authorised representative of Datavest Technologies.
    8. Indulgence: An indulgence granted by either party shall not constitute a waiver or abandonment of any of that party’s rights in this agreement, and that party shall not be precluded from exercising any right against the other party which may have arisen in the past, or which may arise in the future.
    9. Waiver: A waiver by either party of any provision of this agreement shall not be binding against that party unless expressed in writing and signed by the party giving it, and in that event such waiver will only be effective in that specific instance and for that specific purpose.
    10. Severability: If any provision of this agreement is determined by a Court of competent jurisdiction to be invalid or unenforceable, all remaining provisions of this agreement shall remain in full force and effect, said provision shall be performed to the maximum extent possible so as to obtain the intended result, and Datavest Technologies shall be entitled to review, correct and communicate a reformed provision only to the extent necessary to give intended effect to the original provision.
    11. Surviving Clauses: Upon the termination or cancellation of this agreement or any clauses hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation (including without limitation, the clause describing Intellectual Property provisions) shall so continue and survive.
    12. Assignment: You will not be entitled to cede or assign this agreement or any part thereof without the prior written consent of Datavest Technologies, and this agreement shall be binding on your respective successors and assigns. Datavest Technologies shall be entitled to assign its rights and obligations without your consent to an entity which acquires all or substantially all of the assets of Datavest Technologies, provided that such assignment does not relieve such assignee of its obligations under this agreement.
    13. Representations: Neither party shall without the prior written consent of the other party refer to itself as an authorised representative of the other party, nor use the other party’s logos, trade or service marks. Notwithstanding the foregoing, Datavest Technologies is hereby authorised to identify you as it’s customer for reasonable marketing and/or publicity announcements.
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