Important Info

Terms and Conditions

1.       Introduction

1.1    sasheriff.co.za sells access to its web site on a subscription basis.

1.2    When you subscribe for the service, sasheriff.co.za will issue a user name and password to you. By using the user name and password to access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and sasheriff.co.za.

2.       Interpretation of this Agreement

2.1    "the/this agreement" - means these terms and conditions of use, sasheriff.co.za’s web site terms and conditions of use, sasheriff.co.za’s copyright notice, sasheriff.co.za’s privacy policy, sasheriff.co.za’s other terms and conditions which sasheriff.co.za may, from time to time, impose in respect of the service, as amended and updated from time to time;

2.2    "effective date" - means the date on which sasheriff.co.za activates your subscription to the service;

2.3    "service(s)" - means the service described in 1.1 above and any other service that you may subscribe to or which may form part of sasheriff.co.za’s offering from time to time;

2.4    "membership fee" - means the fee provided for in 6.1 below, as set out in sasheriff.co.za’s standard price list from time to time.

3.       Conditions of access

3.1    sasheriff.co.za hereby, with effect from the effective date, grants you access to the service on the terms and conditions of this agreement.

3.2    You hereby acknowledge receipt of such access and agree that:

3.2.1           you will use your user name and password for your own personal use only;

3.2.2           you will not disclose your user name and password to any other person for any reason whatsoever and will maintain the confidentiality thereof;

3.2.3           in the event that your password is compromised, you will immediately notify sasheriff.co.za and change your password;

3.2.4           you are solely responsible for all payments charged via the service to your sasheriff.co.za account and the entire amount outstanding on your sasheriff.co.za account will be deemed to result from (or relate to) your use of the service;

3.2.5           you will not, at any time, permit and/or initiate a simultaneous network log-in; and

3.2.6           you will not attempt to circumvent sasheriff.co.za’s user authentication processes or engage in attempts to access sasheriff.co.za’s network where not expressly authorised to do so.

3.3    Should you fail to comply with any of the provisions of 3.2, you agree to pay to sasheriff.co.za immediately, on demand, all costs, loss and/or damages incurred or suffered by sasheriff.co.za as a result of your breach. This may include (without being limited to) the payment of an additional membership fee.

4.       Service Availability

4.1    sasheriff.co.za will use reasonable endeavours to make the service available to subscribers, and keep the service available to such subscribers at all times. However, you agree that sasheriff.co.za shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatever. This exclusion of liability of sasheriff.co.za for loss or damage will include (but is not limited to):

4.1.1           losses caused by negligent acts of  sasheriff.co.za and any acts of  sasheriff.co.za's employees;

4.1.2           any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;

4.1.3           any loss regardless of whether a claim for such loss is based on breach of contract, delict, breach of implied warranties or otherwise; and

4.1.4           any loss whether it could have been foreseen or not.

4.2    sasheriff.co.za will use its best endeavours to notify you of any maintenance and repairs, which may, result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.

5.       Communication

5.1    You hereby agree that sasheriff.co.za may from time to time send you communications regarding (without being limited to) special offers/discounts which sasheriff.co.za may negotiate for its members, operational changes that may affect the service and/or new services launched by sasheriff.co.za from time to time.

6.       Payment

6.1    You agree to pay all amounts due under this agreement, which may include (without being limited to) membership fee, and fees for other services you may subscribe to from time to time. Unless we specifically agree otherwise, the membership fee will be payable monthly in advance.

6.2    We do not issues invoices for the membership fee on a monthly basis, unless we specifically agree otherwise.

6.3    The membership fee and all other amounts payable in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against a current banking account nominated by you) in favour of sasheriff.co.za, or in such other manner as sasheriff.co.za may from time to time determine. You agree that by furnishing your bank details, you instruct and authorise sasheriff.co.za to draw all amounts payable in terms of this agreement from the account specified (or any other bank or branch to which it may be transferred), commencing on the effective date and continuing until termination of this agreement. Should we require you to, you agree to sign all such forms and do all such things as may be necessary to give effect hereto.

6.4    Should you fail to pay any amount on the due date for payment, then, without prejudice to any other rights sasheriff.co.za may have:

6.4.1           such amount shall bear interest at the rate of 2% above the prime overdraft rate of sasheriff.co.za's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalised monthly;

6.4.2           sasheriff.co.za shall be entitled to take all such further steps as may be necessary to recover the outstanding amount from you, in which event you agree to pay all costs associated with such recovery on an attorney and own client basis;

6.4.3           sasheriff.co.za shall be entitled to, without notice, suspend your access to the service until such time as the outstanding amount has been paid in full; and/or

6.4.4           sasheriff.co.za shall be entitled to terminate this agreement with immediate effect.

6.5    sasheriff.co.za shall, in its sole discretion, be entitled to increase or decrease the membership fee at any time. sasheriff.co.za undertakes to give you at least 30 days written notice of any such increase or decrease. Should the amended fee be unacceptable to you, you may terminate this agreement in accordance with 14 below, failing which the amended fee shall take effect on the date indicated in the written notice.

6.6    You may not withhold payment of any amount due to sasheriff.co.za in terms of this agreement by reason of any alleged breach of this agreement by sasheriff.co.za, nor will you be entitled to any discount, refund or other credit under any circumstances.

7.       Security

7.1    In order to ensure the security and reliable operation of the service to all sasheriff.co.za members, sasheriff.co.za hereby reserves the right to take whatever action sasheriff.co.za finds necessary to preserve the security and reliability of its network.

7.2    You may not utilise the service in any manner, which may compromise the security of sasheriff.co.za's network or tamper with the service or the network in any manner whatsoever.

8.       User Etiquette and Abusive Behaviour

8.1    You hereby agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

8.1.1           use the service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;

8.1.2           use the service in any manner which could damage, impair, overburden or disable the service or interfere with any other party's use or enjoyment of the service;

8.1.3           use the service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

8.1.4           gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent; and

8.1.5           violate the privacy of any person or attempt to gain unauthorised access to the service or any other network, including (without being limited to) through hacking, password mining or any other means; and/or

8.1.6           use the service to engage in any illegal or unlawful activity.

8.2    Should you engage in any one or more of the above practices, which shall be determined in sasheriff.co.za's sole discretion and which decision shall be final, then sasheriff.co.za shall be entitled, without prejudice to any other rights it may have, to:

8.2.1           without notice, suspend your access to the service;

8.2.2           terminate this agreement with immediate effect;

8.2.3           bill you for any costs incurred by sasheriff.co.za, including (without being limited to) bandwidth, administration costs, downtime, usage of sasheriff.co.za's name or registered domain names and CPU cycles; and/or

8.2.4           notwithstanding sasheriff.co.za's privacy policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

9.       Indemnity

9.1    You hereby unconditionally and irrevocably indemnify sasheriff.co.za and agree to hold sasheriff.co.za free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by sasheriff.co.za or instituted against sasheriff.co.za as a direct or indirect result of:

9.1.1           your use of the service;

9.1.2           your failure to comply with any provision of this agreement or any other requirements which sasheriff.co.za may impose from time to time; and

9.1.3           any unavailability of, or interruption in the service, as contemplated in 4.1 above.

10.    Breach

10.1 Should you be in breach of any provision of this agreement, then sasheriff.co.za shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith:

10.2 claim immediate payment of all outstanding amounts payable in terms of this agreement;

10.3 suspend your access to the services; and/or

10.4 terminate this agreement, retain all amounts already paid by you and recover all costs incurred by sasheriff.co.za, including (without being limited to) legal costs on an attorney and own client basis.

11.    Certificate of Indebtedness

11.1 The amount due and payable by you to sasheriff.co.za in terms of this agreement at any time shall be determined and proved by a certificate signed by one of sasheriff.co.za's directors, whose appointment, qualification and authority need not be proved.

11.2 Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you.

12.    Cession and Delegation

12.1 You may not cede any of your rights or delegate any of your obligations under this agreement without sasheriff.co.za’s express written consent.

12.2 sasheriff.co.za shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.

13.    Jurisdiction

13.1 You hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by sasheriff.co.za arising out of this agreement, provided that sasheriff.co.za shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court.

14.    Duration

14.1 This agreement will commence on the effective date and will endure for an indefinite period, subject to the right of either party to terminate this agreement at any time by means of 1 (one) calendar month prior written notice to such effect to the other party. Upon termination of this agreement, any outstanding amounts remain payable and have to be settled within 30 days of termination.

15.    Amendment of this agreement

15.1 sasheriff.co.za reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.

16.    General

16.1 The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.

16.2 The parties choose their respective domicilia citandi et executandi for the purposes of giving any notice, the serving of any process and for any other purposes arising from this agreement as follows:

16.2.1       sasheriff.co.za: 25 Farquaharson Road, Kenleaf, Brakpan, Gauteng, 1541; and

16.2.2       you: the address you provided to us when subscribing for the service.

16.3 You agree that any notices we send to you in terms of this agreement may be sent via e-mail.

16.4 No indulgence, leniency or extension of time which sasheriff.co.za may grant or show to you shall in any way prejudice sasheriff.co.za or preclude sasheriff.co.za from exercising any of its rights in the future.

16.5 You warrant that as at the effective date, all the details furnished by you to sasheriff.co.za are true and correct and that you will notify sasheriff.co.za forthwith in the event of any change to such details.