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terms_of_enduser_signup_debitorder [2024/12/30 21:00] – thesaintterms_of_enduser_signup_debitorder [2024/12/30 21:12] (current) – thesaint
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     * **1.1.4** “Customer Support Schedule” means the schedule containing customer support information which may be obtained from SupportCALL on request;     * **1.1.4** “Customer Support Schedule” means the schedule containing customer support information which may be obtained from SupportCALL on request;
     * **1.1.5** “Effective Date” means, notwithstanding the date of signature of this Agreement, the date when the Service/s is commissioned by SupportCALL for use by the Customer irrespective of whether or not the Customer uses the Service/s;     * **1.1.5** “Effective Date” means, notwithstanding the date of signature of this Agreement, the date when the Service/s is commissioned by SupportCALL for use by the Customer irrespective of whether or not the Customer uses the Service/s;
-    * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with registration number 2018/324778/07;+    * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with CIPC registration number 2013/102719/07; 
 +    * **1.1.6** “SupportCALL” means SupportCALL (Pty) Ltd, with ABN registration number TBA;
     * **1.1.7** “Initial Period” means the initial contract term of the Service/s, as set out in the Service Schedule (Schedule 1) hereto;     * **1.1.7** “Initial Period” means the initial contract term of the Service/s, as set out in the Service Schedule (Schedule 1) hereto;
     * **1.1.8** “Proprietary Information” means any and all trade secrets and data/information of a proprietary and/or confidential nature, including data/information that the parties should reasonably have known to be proprietary or confidential;     * **1.1.8** “Proprietary Information” means any and all trade secrets and data/information of a proprietary and/or confidential nature, including data/information that the parties should reasonably have known to be proprietary or confidential;
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   * **4.4** Customer shall at all times adhere to and ensure compliance with the Customer Support Schedule.   * **4.4** Customer shall at all times adhere to and ensure compliance with the Customer Support Schedule.
   * **4.5** Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against SupportCALL, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alteri) if SupportCALL interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to SupportCALL or in the circumstances contemplated in clause 6.4 below.   * **4.5** Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against SupportCALL, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alteri) if SupportCALL interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to SupportCALL or in the circumstances contemplated in clause 6.4 below.
-  * **4.6** Customer may not at any time use the Service in contravention of any South African law. In particular, Customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. Customer acknowledges that SupportCALL has no obligation to assist Customer in this regard.+  * **4.6** Customer may not at any time use the Service in contravention of any South African or Australian law. In particular, Customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African or Australian law in force from time to time which has any bearing on the Service and/or its use. Customer acknowledges that SupportCALL has no obligation to assist Customer in this regard.
  
 ==== 5. Warranties ==== ==== 5. Warranties ====
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 ==== 14. Governing Law And Jurisdiction ==== ==== 14. Governing Law And Jurisdiction ====
-  * **14.1** This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa, and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction.+  * **14.1** This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa or Australia, and all disputes, actions and other matters relating thereto will be determined in accordance with South African or Australian law by a South African or Australian court having jurisdiction.
  
 ==== 15. Domicilium Citandi Et Executandi ==== ==== 15. Domicilium Citandi Et Executandi ====
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   * **16.7** In the event of any expiration, termination, or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall so continue and survive. In particular, termination or cancellation of this Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set out in Clause **10** above.   * **16.7** In the event of any expiration, termination, or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall so continue and survive. In particular, termination or cancellation of this Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set out in Clause **10** above.
   * **16.8** The terms and conditions appearing in the Schedule(s) hereto are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail.   * **16.8** The terms and conditions appearing in the Schedule(s) hereto are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail.
-  * **16.9** By purchasing this service, you agree to our Acceptable Use Policy below or [[http://www.jenny.co.za/?q=Acceptable_Use_Policy]].+  * **16.9** By purchasing this service, you agree to our Acceptable Use Policy below or [[http://www.supportcall.co.za/]].
   * **16.10** These terms and conditions, together with the Schedule(s), Annexures, and attachments hereto, constitute the whole of the agreement between SupportCALL and Customer relating to the subject matter hereof, notwithstanding anything in Customer’s inquiry, specification, acceptance, order, or other documentation or discussion to the contrary.   * **16.10** These terms and conditions, together with the Schedule(s), Annexures, and attachments hereto, constitute the whole of the agreement between SupportCALL and Customer relating to the subject matter hereof, notwithstanding anything in Customer’s inquiry, specification, acceptance, order, or other documentation or discussion to the contrary.
  
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     SupportCALL is committed to complying with legislation and ensuring all its customers have the ability to use its network and the Internet without interference or harassment from other users. SupportCALL’s Acceptable Use Policy is designed to help achieve these goals.\\     SupportCALL is committed to complying with legislation and ensuring all its customers have the ability to use its network and the Internet without interference or harassment from other users. SupportCALL’s Acceptable Use Policy is designed to help achieve these goals.\\
 \\ \\
-By using any of SupportCALL’s services, customers agree to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. SupportCALL reserves the right to change or modify the terms of the Acceptable Use Policy at any time, by posting an updated version on its website at [[http://www.jenny.co.za/legaldocs/]]. Customer’s use of SupportCALL’s services after changes to the Acceptable Use Policy are posted shall constitute acceptance of any changed or additional terms.+By using any of SupportCALL’s services, customers agree to comply with this Acceptable Use Policy and to remain responsible for its users, where applicable. SupportCALL reserves the right to change or modify the terms of the Acceptable Use Policy at any time, by posting an updated version on its website at [[http://www.supportcall.co.za/]]. Customer’s use of SupportCALL’s services after changes to the Acceptable Use Policy are posted shall constitute acceptance of any changed or additional terms.
  
   * **17.2 Scope of the Acceptable Use Policy**     * **17.2 Scope of the Acceptable Use Policy**  
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   * **17.4 Spam/E-mail Abuse:**     * **17.4 Spam/E-mail Abuse:**  
-    Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but is not limited to, the following activities:+  * Spam/E-mail abuse is prohibited using IP Services. Spam/E-mail abuse shall include, but is not limited to, the following activities:
   * Sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipients.   * Sending multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipients.
   * Sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services.   * Sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services.
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   * **17.6 Security Violations:**     * **17.6 Security Violations:**  
-    Customers are responsible for ensuring and maintaining the security of their systems and the machines that connect to and use IP Service(s), including the implementation of necessary patches and operating system updates.   +  * Customers are responsible for ensuring and maintaining the security of their systems and the machines that connect to and use IP Service(s), including the implementation of necessary patches and operating system updates.   
-    IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of SupportCALL’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:   +  * IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of SupportCALL’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to:   
-    * Unauthorized monitoring, scanning, or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses.   +  * Unauthorized monitoring, scanning, or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses.   
-    * Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without express authorization of the owner of the system or network.   +  * Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software, or data without express authorization of the owner of the system or network.   
-    * Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.).   +  * Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.).   
-    * Using any program, file, script, command, or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet, or any other means of communication.   +  * Using any program, file, script, command, or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet, or any other means of communication.   
-    * Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers, or network probing tools (except in the case of authorized legitimate network security operations).   +  * Distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers, or network probing tools (except in the case of authorized legitimate network security operations).   
-    * Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or any other similar software or programs that may damage the operation of another’s computer, network system, or other property, or be used to engage in modem or system hijacking.   +  * Knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits, or any other similar software or programs that may damage the operation of another’s computer, network system, or other property, or be used to engage in modem or system hijacking.   
-    * Engaging in the transmission of pirated software.   +  * Engaging in the transmission of pirated software.   
-    * Using manual or automated means to avoid any use limitations placed on the IP Services.   +  * Using manual or automated means to avoid any use limitations placed on the IP Services.   
-    * Providing guidance, information, or assistance with respect to causing damage or security breach to SupportCALL’s network or systems, or to the network of any other IP Service provider.   +  * Providing guidance, information, or assistance with respect to causing damage or security breach to SupportCALL’s network or systems, or to the network of any other IP Service provider.   
-    * Failure to take reasonable security precautions to help prevent violation(s) of this Acceptable Use Policy.+  * Failure to take reasonable security precautions to help prevent violation(s) of this Acceptable Use Policy.
  
   * **17.7 Customer Responsibilities:**     * **17.7 Customer Responsibilities:**  
-    Customers remain solely responsible for the content posted, hosted, or transmitted using IP Services. SupportCALL assumes no responsibility for any material accessible via IP Services. Customers must take corrective action to address violations of the Acceptable Use Policy.+  * Customers remain solely responsible for the content posted, hosted, or transmitted using IP Services. SupportCALL assumes no responsibility for any material accessible via IP Services. Customers must take corrective action to address violations of the Acceptable Use Policy.
  
   * **Enforcement and Incident Reporting:**     * **Enforcement and Incident Reporting:**  
-    SupportCALL reserves the right to take necessary actions against violations, including but not limited to: +  * SupportCALL reserves the right to take necessary actions against violations, including but not limited to: 
-    * Limitation, restriction, or suspension of services without notice. +  * Limitation, restriction, or suspension of services without notice. 
-    * Immediate termination of agreements. +  * Immediate termination of agreements. 
-    * Billing for costs incurred by SupportCALL as a result of violations. +  * Billing for costs incurred by SupportCALL as a result of violations. 
-    * Disclosing information related to violations when legally required or appropriate. +  * Disclosing information related to violations when legally required or appropriate. 
-    * Customers are encouraged to report violations of this Acceptable Use Policy to abuse@jenny.co.za. Reports should include sufficient detail to enable investigation and resolution.+  * Customers are encouraged to report violations of this Acceptable Use Policy to abuse@supportcall.co.za Reports should include sufficient detail to enable investigation and resolution.
  
   * **17.7 Customer Responsibilities:**     * **17.7 Customer Responsibilities:**  
-    Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted using the IP Services. SupportCALL has no responsibility for any material created on the SupportCALL network or accessible using IP Services, including content provided on third-party websites linked to the SupportCALL network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by SupportCALL of the content(s) of such sites.   +  * Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted using the IP Services. SupportCALL has no responsibility for any material created on the SupportCALL network or accessible using IP Services, including content provided on third-party websites linked to the SupportCALL network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by SupportCALL of the content(s) of such sites.   
-    Customers are responsible for taking prompt corrective action(s) to remedy a violation of the Acceptable Use Policy and to help prevent similar future violations.  +  * Customers are responsible for taking prompt corrective action(s) to remedy a violation of the Acceptable Use Policy and to help prevent similar future violations.  
  
   * **Acceptable Use Policy Enforcement and Notice:**     * **Acceptable Use Policy Enforcement and Notice:**  
terms_of_enduser_signup_debitorder.1735592435.txt.gz · Last modified: by thesaint