Terms of Service

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termsofserviceTHESE TERMS AND CONDITIONS OF SERVICE (HERE-IN-AFTER REFERRED TO AS THE “AGREEMENT”) IS A LEGALLY BINDING CONTRACTUAL AGREEMENT BETWEEN SOHO SYSTEMS CC (HERE-IN-AFTER REFERRED TO AS “SOHO”), TRADING AS SOHO COMPUTERS AND SOHOISP, CK REGISTRATION NUMBER 2003/046065/23, WITH ITS PRINCIPAL PLACE OF BUSINESS AS 24 GANNET CRESCENT, VERMONT, SOUTH AFRICA, AND ANY INDIVIDUAL, CLOSE CORPORATION, ASSOCIATION, AGENCY, COMPANY, TRUST, OR OTHER LEGAL ENTITY (HERE-IN-AFTER REFERRED TO AS THE “USER/CLIENT”) WHO MAY RENT, ACCESS AND/OR USE THE FACILITIES, SYSTEMS, PRODUCTS AND/OR SERVICES OF SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS A PREREQUISITE TO, AND IN CONSIDERATION FOR RECEIVING AND USING ANY PRODUCT OR SERVICE PROVIDED BY SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND THAT THE PRODUCTS AND SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY AND/OR ALL SERVICES, INFORMATION, MATERIALS AND SYSTEMS ACCESSED, USED, PURCHASED OR ACQUIRED THROUGH OR BY MEANS OF ANY OF SOHO’S FACILITIES, SYSTEMS, SERVICES, STORES, OR SHOP-FRONTS.

I/WE, THE UNDERSIGNED USER/CLIENT, AGREE THAT THIS CONTRACT IS FINAL AND BINDING AND IS NOT SUBJECT TO ANY SUSPENSIVE OR DISSOLVANT CONDITIONS.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THIS AGREEMENT AND ANY WRITTEN EXTENSIONS THEREOF REPRESENTS THE WHOLE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ANY AND ALL PRIOR WRITTEN OR ORAL NEGOTIATIONS, REPRESENTATIONS, GUARANTEES, WARRANTIES, PROMISES, ORDERS, STATEMENTS, OR AGREEMENTS BETWEEN THE PARTIES OR ANY STATEMENT OR REPRESENTATION MADE OR FURNISHED BY ANY THIRD PARTY REPRESENTING OR PURPORTING TO REPRESENT EITHER PARTY.

THE INVALIDITY OF ANY PART OR CLAUSE OF THIS CONTRACT WILL NOT AFFECT THE VALIDITY OF ANY OTHER PART OR CLAUSE WITHIN THIS CONTRACT.

NO VARIATION HEREOF SHALL BE BINDING AND HAVE EFFECT, UNLESS AGREED TO BY THE USER/CLIENT AND SOHO IN WRITING.

Debit Order Instruction

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY REQUEST AND AUTHORIZE SOHO TO DRAW AGAINST MY/OUR ACCOUNT WITH THE AFOREMENTIONED BANK [OR ANY OTHER BANK OR BRANCH TO WHICH I/WE MAY TRANSFER MY/OUR ACCOUNT] THE SUM OF [PLEASE STATE AMOUNT IN WORDS] OR ANY VARIABLE AMOUNT PERTAINING TO THIS AGREEMENT, SUBJECTED TO THE TERMS OF SERVICE OF SOHO, THEIR PARTNERS AND/OR MEMBER COMPANIES.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY REQUEST AND AUTHORIZE YOU TO DRAW ANY AMOUNTS DUE BEFORE OR ON THE LAST WORKING DAY OF EACH MONTH. ALL SUCH WITHDRAWALS FROM MY/OUR ACCOUNT BY SOHO SHALL BE TREATED AS THOUGH SIGNED BY ME/US PERSONALLY.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, INSTRUCT AND AUTHORIZE YOUR AGENT NETCASH (PTY) LTD, TO DRAW AGAINST MY/OUR ACCOUNT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT IF BANK DETAILS HAVE BEEN SUPPLIED THE WITHDRAWALS AUTHORIZED HERE WILL BE PROCESSED BY BANKSERV.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT DETAILS OF EACH WITHDRAWAL WILL BE PRINTED ON MY/OUR MONTHLY STATEMENT.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY AGREE TO PAY ANY BANKING CHARGES RELATING TO THIS DEBIT ORDER INSTRUCTION.

Intellectual Property Rights

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT MY/OUR ACCEPTANCE HEREOF, CERTIFIES THAT ANY MATERIALS SUPPLIED TO SOHO FOR PUBLICATION BY ELECTRONIC OR OTHER MEDIA AND/OR ARE PUBLISHED BY THE USER/CLIENT THROUGH THE USE OF SOHO’S INTERNET ACCESS SERVICES ARE NOT COPYRIGHTED.

I/WE, THE UNDERSIGNED USER/CLIENT, WARRANTS, THAT WHERE COPYRIGHT EXISTS ON SUCH MATERIALS, AUTHORITY HAS BEEN OBTAINED FROM SUCH COPYRIGHT HOLDER TO PUBLISH SUCH MATERIALS.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND ACKNOWLEDGE, THAT SOHO SYSTEMS, SOHO COMPUTERS, SOHOISP, AND THE SOHO LOGO ARE REGISTERED TRADEMARKS OR TRADEMARKS OF SOHO IN SOUTHERN AFRICA AND/OR OTHER COUNTRIES.

Jurisdiction

THE PARTIES HEREBY AGREE, THAT THIS AGREEMENT IS SUBJECT TO THE LAW OF THE REPUBLIC OF SOUTHERN AFRICA AND CONSENT TO THE JURISDICTION OF THE MAGISTRATE’S COURT SHOULD ANY DISPUTE OR CLAIM ARISE OUT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BE BEYOND THE JURISDICTION OF THE MAGISTRATE’S COURT.

NOTWITHSTANDING THE AFOREMENTIONED, SOHO SHALL HAVE THE RIGHT TO TAKE LEGAL ACTION AGAINST THE USER/CLIENT IN ANY COURT OF LAW OF COMPETENT JURISDICTION.

Limited Liability Disclaimer

I/WE, THE UNDERSIGNED USER/CLIENT, HEREWITH INDEMNIFIES SOHO AND AGREES TO CARRY ALL COSTS, INCLUDING LEGAL COSTS ON AN ATTORNEY-AND-CLIENT SCALE, SHOULD A COPYRIGHT DISPUTE ARISE AS A RESULT OF MATERIALS SUPPLIED BY THE USER/CLIENT.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREWITH ACKNOWLEDGE, THAT ACCESS TO THE WORLD WIDE WEB (INTERNET) IS DEPENDENT UPON VARIOUS FACTORS, TECHNOLOGIES AND SYSTEMS, WHICH ARE BEYOND SOHO’S AUTHORITY AND/OR CONTROL AND THAT ROUTINE MAINTENANCE AND PERIODIC SYSTEM REPAIRS, UPGRADES, AND RECONFIGURATIONS MAY RESULT IN TEMPORARY IMPAIRMENT OR INTERRUPTION OF SERVICE TO THE USER/CLIENT.

IN LIEU OF THE AFOREMENTIONED SOHO DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED SERVICE, AND RESERVES THE RIGHT, FROM TIME TO TIME, TO TEMPORARILY REDUCE AND/OR SUSPEND ITS SERVICES TO THE ME/US WITHOUT NOTICE.

SOHO WILL AS FAR AS REASONABLY POSSIBLE, BUT CANNOT GUARANTEE SUCH EFFORTS, NOTIFY THE USER/CLIENT IN ADVANCE OF ANY SUCH SERVICE REDUCTION AND/OR INTERRUPTION AND SCHEDULE ANY SUCH SERVICE REDUCTION AND/OR INTERRUPTION DURING OFF-PEAK PERIODS AND FOR AS BRIEF A DURATION AS POSSIBLE.

SOHO SHALL NOT BE LIABLE TO THE ME/US FOR ANY CONSEQUENTIAL LOSS OR DAMAGES SUSTAINED BY ME/US IN CONNECTION WITH THIS AGREEMENT OR FOR ANY CLAIMS MADE BY ANY OTHER LEGAL ENTITY WHATSOEVER.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY INDEMNIFIES AND HOLD HARMLESS SOHO, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, MANAGERS, EMPLOYEES AND OTHER USERS, FROM ANY AND ALL CLAIMS, COSTS, EXPENSES, JUDGEMENTS, CAUSES OF ACTIONS, ATTORNEYS FEES, LITIGATION, OR COURT COSTS RESULTING FROM THE USER/CLIENT’S USE OF SOHO’S FACILITIES, SYSTEMS, OR SERVICES IN ANY MANNER, WHETHER DIRECTLY, INDIRECTLY, OR BY ANY ACT OF OMISSION.

IT IS EXPRESSLY RECORDED THAT SOHO DOES NOT WARRANT OR GUARANTEE, WITHOUT LIMITATION THEREOF, THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH AND/OR IN CONNECTION WITH THE FACILITIES, SYSTEMS, OR SERVICES OF SOHO OR THE MERCHANTABILITY OR FITNESS THEREOF FOR A PARTICULAR PURPOSE.

SOHO DOES NOT ACCEPT ANY LIABILITY, INCLUDING WITHOUT LIMITATION, FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE, -DAMAGE, -INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, HARASSMENT, INTIMIDATION, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Acceptable Use

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE VIOLATION OF ANY OF SOHO’S RULES, POLICIES AND REGULATIONS SHALL CONSTITUTE A BREACH OF THIS AGREEMENT.

SOHO RESERVES THE RIGHT TO AMEND THESE RULES AND REGULATIONS FROM TIME TO TIME AND ANY SUCH AMENDMENTS SHALL BECOME EFFECTIVE UPON PROMULGATION THEREOF TO THE USER/CLIENT.

I/WE, THE UNDERSIGNED USER/CLIENT, NOMINATE THE STREET ADDRESS, AS AFOREMENTIONED, AS THE DOMICILIUM CITANDI ET EXECUTANDI FOR THE SERVICING OF ALL NOTICES AND LEGAL PROCESS PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE INTERNET ACCESS SERVICES PROVIDED BY SOHO MAY ONLY BE USED FOR LAWFUL PURPOSES AND IN ACCORDANCE WITH ALL APPLICABLE LAWS, STATUTES, RULES AND/OR REGULATIONS OF THE REPUBLIC OF SOUTHERN AFRICA.

THE USE OF SOHO’S FACILITIES FOR ANY UNLAWFUL ACTIVITY IN VIOLATION OF ANY LAW OF SOUTHERN AFRICA, OR INTERNATIONAL GOVERNING LAW, STATUTE, RULE, REGULATION OR ORDINANCE IS STRICTLY PROHIBITED AND CONSTITUTES A BREACH OF THIS AGREEMENT.

THE PROHIBITION OF UNLAWFUL USES AND ACTIVITIES BY THE USER/CLIENT INCLUDES, BUT ARE NOT LIMITED TO THE SENDING OF UNSOLICITED EMAIL (SPAM), TRANSMISSION, PROMULGATION, THEFT, PROCUREMENT, COMMUNICATION, ALTERATION, PUBLICATION, STORAGE, OR USE OF ANY INFORMATION, MATERIAL, PROPERTY, IMAGES, CODE, OR DATA IN VIOLATION OF ANY LAWS RELATING TO INTELLECTUAL PROPERTY, COPYRIGHT, PATENTS, TRADE MARKS, TRADE SECRETS, PRIVACY, INDECENCY, OBSCENITY, OR HARASSMENT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE ARE SOLELY RESPONSIBLE TO OBTAIN THE REQUIRED KNOWLEDGE OF AND/OR ADHERENCE TO ANY AND ALL APPLICABLE LAWS, STATUTES, RULES AND REGULATIONS PERTAINING TO THE USER/CLIENT’S USE OF ANY OF SOHO’S FACILITIES, SYSTEMS, OR SERVICES, AND TO THE COMMUNICATIONS MEANS BY WHICH THE USER/CLIENT CONNECTS ITS TERMINAL OR PC TO SOHO’S FACILITIES, SYSTEMS, OR SERVICES OR ANY OTHER SERVICE PROVIDED BY SOHO.

SUBLETTING. THE RESALE OF ANY SOHO SERVICE BY THE USER/CLIENT IS STRICTLY PROHIBITED.

CONCURRENT CONNECTIONS. NO MORE THAN ONE LOGIN SESSION MAY BE ACTIVE AT ANY GIVEN TIME FOR ANY SPECIFIC INTERNET ACCESS ACCOUNT.

Misrepresentation

I/WE, THE UNDERSIGNED USER/CLIENT, HEREWITH ACKNOWLEDGE THAT NO REPRESENTATIONS WERE MADE BY SOHO IN REGARD TO THE GOODS AND SERVICES OR ANY OF ITS QUALITIES OR FEATURES LEADING UP TO THIS CONTRACT OR ANY OTHER TRANSACTION OR CONTRACTUAL AGREEMENT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT NEITHER SOHO NOR ANY OF ITS EMPLOYEES WILL BE LIABLE FOR ANY NEGLIGENT OR INNOCENT MISREPRESENTATIONS MADE TO ME/US.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREWITH ACKNOWLEDGE, THAT IT IS MY/OUR RESPONSIBILITY TO CHECK WHETHER GOODS, SERVICES, FACILITIES, PRODUCT FEATURES, MEDIA FORMATS AND SYSTEM REQUIREMENTS ARE SATISFACTORY BEFORE PLACING AN ORDER, OR SIGNING AN AGREEMENT.

Orders and Quotations

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL QUOTES WILL REMAIN VALID FOR SEVEN (7) DAYS FROM THE DATE OF ISSUE.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL PRICES QUOTED ARE SUBJECT TO ANY INCREASES SOHO DEEMS NECESSARY AND THAT SOHO THEREFORE RESERVES THE RIGHT TO MAKE PRICE ALTERATIONS BEFORE DISPATCH OF GOODS.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL SIGNED QUOTATIONS THAT WERE RETURNED TO SOHO ARE ACKNOWLEDGED BY SOHO AS ACCEPTED FOR ALL GOODS AND SERVICES SPECIFIED THEREON, AT THE QUANTITIES SPECIFIED THEREON; EXCLUDING THOSE ITEMS CLEARLY RULED/DRAWN THROUGH AND SIGNED ALONGSIDE.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL GOODS ORDERED ARE SUBJECT TO AVAILABILITY UPON DISPATCH.

Deliveries and Transportation

BY SIGNING A COURIER WAY-BILL, SOHO DELIVERY NOTE OR SOHO INVOICE, I/WE CONFIRM:

(I) THAT THE GOODS AND SERVICES ON THE INVOICE ISSUED DULY REPRESENTS THE GOODS AND SERVICES ORDERED BY ME/US AT THE PRICES AGREED TO BY THE ME/US;

(II) THAT THE SERVICES AND GOODS WERE INSPECTED AND DEMONSTRATED TO BE SATISFACTORY BOTH ON QUANTITY ORDERED, AS WELL AS QUALITY OF MERCHANDISE / SERVICING AGREED UPON BY ME/US AND SOHO;

(III) THAT ANY OF THE ABOVE-MENTIONED PAPERWORK, IN ANY FORM (ORIGINAL OR COPY) AND SIGNED BY ME/US AND HELD BY SOHO SHALL BE CONCLUSIVE PROOF THAT DELIVERY WAS MADE TO ME/US OF THE GOODS OR SERVICES SPECIFIED.

SOHO SHALL BE ENTITLED, IN ITS SOLE DISCRETION, TO SPLIT THE DELIVERY OF THE GOODS ORDERED INTO QUANTITIES AND DATES DETERMINED BY SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT SOHO MAY UPON THEIR SOLE DISCRETION, ENGAGE A THIRD PARTY TO TRANSPORT THE GOODS, ON TERMS THAT SOHO DEEMS FIT.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY INDEMNIFY SOHO AGAINST ANY CLAIMS THAT MAY ARISE FROM SUCH AGREEMENTS (AS MENTIONED ABOVE) AGAINST SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT DELIVERY AND INSTALLATION TIMES GIVEN ARE MERELY ESTIMATES AND ARE NOT BINDING ON SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT DELIVERY CHARGES ARE NOT INCLUDED IN SERVICING OR WARRANTY REPAIRS. SOHO THEREFORE RESERVES THE RIGHT TO CHARGE TRAVEL FEES AT ITS SOLE DISCRETION.

Cancellations

Cancellation of Orders

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL ORDERS OR ACCEPTED QUOTATIONS, WHETHER IN WRITING OR VERBALLY, WILL BE BINDING AND SUBJECT TO THESE STANDARD TERMS OR CONDITIONS OF SERVICE; AND MAY NOT BE CANCELLED UNLESS DONE SO WITHIN SEVEN (7) DAYS OF THE ISSUING OF THUS-MENTIONED ORDER.

SOHO RESERVES THE RIGHT TO NOT ACCEPT ORDER CANCELLATIONS, IF SUCH CANCELLATIONS WILL CAUSE SOHO TO (I) LOOSE MONEY; (II) SIT WITH UNRETURNABLE STOCK OR (III) ANY OTHER COSTS, UNLESS I/WE CARRY THESE COSTS TO THE FULL EXTENT APPLICABLE.

SOHO RESERVES THE RIGHT TO CONTRACT A VALUATOR TO PERFORM AN EVALUATION OF THE RETURNED GOODS AT THE USER/CLIENT’S SOLE EXPENSE, SHOULD ANY DISAGREEMENT ARISE WITH RESPECT TO ANY CLAUSE REGARDING ORDER CANCELLATIONS.

THE VALUE OF THE REPOSSESSED GOODS WILL BE DEEMED TO BE THE VALUE PLACED ON THEM BY THUS MENTIONED VALUATOR AND WILL BE FINAL CONCLUSIVE PROOF OF IT’S VALUE.

ANY ORDER IS SUBJECT TO CANCELLATION BY SOHO DUE TO FORCE MAJEURE FROM ANY CAUSE BEYOND OUR CONTROL, INCLUDING (WITHOUT RESTRICTION OF THIS CLAUSE TO THESE CIRCUMSTANCES): INABILITY TO SECURE LABOUR, ELECTRICITY, MATERIALS, OR SUPPLIERS, OR BY REASON OF ANY ACT OF GOD, WAR, CIVIL UNREST, RIOT, STATE OF EMERGENCY, STRIKE, LOCKOUT, LABOUR DISPUTES, FIRE, FLOOD, DROUGHT AND LEGISLATION.

Termination

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT IN THE EVENT OF A BREACH OF THIS AGREEMENT BY MYSELF/US, ALL OUR SERVICES PROVIDED BY SOHO SHALL BE IMMEDIATELY TERMINATED AND UPON ANY SUCH TERMINATION ALL OUR FEES PAID, SHALL BE FORFEITED TO SOHO AS LIQUIDATED DAMAGES.

SOHO RESERVES AND WILL HAVE THE RIGHT TO DELETE ALL DATA, FILES AND/OR OTHER INFORMATION THAT IS STORED OR HELD IN MY/OUR ACCOUNT, IF MY/OUR ACCOUNT WITH SOHO IS TERMINATED, FOR ANY REASON, BY EITHER SOHO OR MYSELF/US.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT NO SERVICE WILL BE CANCELLED, WITHOUT PRIOR WRITTEN NOTICE OF NO LESS THAN SIXTY [60] DAYS, DELIVERED TO SOHO BY PREPAID REGISTERED POST.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE AFOREMENTIONED RIGHT OF TERMINATION SHALL BE EXERCISED IN SOHO’S SOLE DISCRETION, AND KNOWLEDGE OF AND/OR ACQUIESCENCE BY SOHO IN SIMILAR OR PRIOR BREACHES BY THE USER/CLIENT SHALL NOT PRECLUDE SOHO’S SUBSEQUENT EXERCISE OF THIS RIGHT OF TERMINATION.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT NO INDULGENCE WHATSOEVER BY SOHO WILL AFFECT THE TERMS OF THIS AGREEMENT OR ANY OF THE RIGHTS OF SOHO, AND SUCH INDULGENCE SHALL NOT CONSTITUTE A WAIVER BY SOHO IN RESPECT OF ANY OF ITS RIGHTS HEREIN. UNDER NO CIRCUMSTANCE WILL SOHO BE STOPPED FROM EXERCISING ANY OF ITS RIGHTS IN TERMS OF THIS AGREEMENT.

Termination of Website Rental

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE TERMINATION OF ANY WEBSITE LEASE AGREEMENT, WILL RESULT IN THE FORFEITURE OF THE DOMAIN NAME- AND/OR SUB-DOMAIN ADDRESS, AS WELL AS THE WEBSITE’S CONTENT AND SOCIAL NETWORKING INTEGRATION.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT UPON TERMINATION OF ANY WEBSITE LEASE AGREEMENT, THE USER/CLIENT WILL HAVE NO LESS THAN SIXTY DAYS, FROM THE DATE OF TERMINATION, DURING WHICH TO ACQUIRE THE SITE IN QUESTION, AT NO LESS THAN R2400.

Termination of Debit Order Mandate

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE DEBIT ORDER MANDATE MAY ONLY BE CANCELLED BY MEANS OF A SIXTY DAY WRITTEN NOTICE, DELIVERED TO SOHO BY PREPAID REGISTERED POST.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE SHALL NOT BE ENTITLED TO ANY REFUND OF AMOUNTS, WHICH SOHO HAVE WITHDRAWN WHILST THE DEBIT ORDER INSTRUCTION WAS IN FORCE, IF SUCH AMOUNTS WERE LEGALLY OWING TO SOHO.

Presentation

ANY DOCUMENT WILL BE DEEMED DULY PRESENTED TO ME/US WITH:

(I) 3 DAYS PREPAID REGISTERED MAIL TO MY/OUR CHOSEN DOMICILLUM CITANDI ET EXECUTANDI, OR ANY OFFICE ADDRESS, POSTAL ADDRESS, OR PERSONAL ADDRESS OF ANY MEMBER, OF MANAGEMENT, OR THE OWNER; OR

(II) WITHIN 24 HOURS OF BEING FAXED TO ANY USER/CLIENT’S FAX NUMBER OR ANY DIRECTOR, MEMBER’S OR OWNER’S FAX NUMBER; OR

(III) ON BEING DELIVERED BY HAND TO ME/US OR ANY DIRECTOR, MEMBER OR OWNER.

Indebtedness

I/WE THE DIRECTORS, MEMBERS, PARTNERS/PROPRIETORS FOR AND ON BEHALF OF THE USER/CLIENT HEREBY UNDERTAKES TO PERSONALLY HONOR ANY INDEBTEDNESS OF THE USER/CLIENT TOWARDS SOHO AND I/WE HEREBY BIND MYSELF/OURSELVES AS SURETY(IES) AND CO-PRINCIPAL DEBTOR(S) TO, AND IN FAVOUR OF, SOHO FOR ALL DEBTS OF OURS HEREINAFTER INCURRED PURSUANT TO THIS AGREEMENT.

ALL GOODS ORDERED OR SUPPLIED BY SOHO, REMAIN THE PROPERTY OF SOHO UNTIL SUCH GOODS HAVE BEEN FULLY PAID FOR BY THE USER/CLIENT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE ARE NOT ENTITLED TO DISPOSE OF ANY GOODS, NOT YET FULLY PAID FOR, EXCEPT WITH WRITTEN PRIOR AUTHORISATION FROM SOHO OR A DULY AUTHORISED REPRESENTATIVE OF SOHO.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, TO ALLOW A REPRESENTATIVE OF SOHO (AS AUTHORISED IN WRITING BY SOHO) ACCESS TO ALL EQUIPMENT, GOODS, PRODUCTS AND OR FACILITIES SUPPLIED BY SOHO OR ANY OF ITS SUBSIDIARIES FOR COLLECTION PURPOSES, SHOULD PAYMENT NOT BE MADE WITHIN THE DESIGNATED PAYMENT PERIOD.

I/WE, THE UNDERSIGNED USER/CLIENT, HEREBY INDEMNIFIES SOHO COMPLETELY AGAINST ANY DAMAGES WHATSOEVER RELATING TO THE REMOVAL OF REPOSSESSED GOODS.

SOHO RESERVES THE RIGHT TO ALTER/REVOKE ANY PAYMENT TERMS/PERIOD AT ANY TIME, UPON THE SOLE DISCRETION OF SOHO MANAGEMENT.

RETAIL PRICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTIFICATION. E.&O.E.

SOHO RESERVES THE RIGHT TO ESCALATE SUBSCRIPTION RATES, PROVIDED THAT I/WE ARE GIVEN AT LEAST 60 (SIXTY) DAYS NOTICE BY MEANS OF A MESSAGE PLACED IN A PROMINENT POSITION ON THE SERVICE.

ALL GOODS TAKEN ON EVALUATION OR CONSIGNMENT BASIS BY THE USER/CLIENT IS DEEMED SOLD IF NOT RETURNED WITHIN 7 DAYS OF ISSUE IN A PERFECT CONDITION, IN ORIGINAL PACKAGING AND WITH ALL ACCESSORIES AND DOCUMENTATION INTACT.

SOHO SHALL BE ENTITLED TO INVOICE EACH DELIVERY ACTUALLY MADE SEPARATELY.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ALL ORDERS FOR SERVICES AND GOODS ARE QUOTED ON A C.O.D. BASIS UNLESS (I) THE TERM IS STATED OTHERWISE ON THE QUOTATION/INVOICE; OR (II) A WRITTEN AGREEMENT EXISTS BETWEEN THE USER/CLIENT AND A DULY AUTHORISED REPRESENTATIVE OF SOHO.

SOHO ACCEPTS ONLY CASH NOTES AND DIRECT BANK TRANSFERS WITH PROOF OF PAYMENT AS CASH RECEIVED, ALL OTHER METHODS OF PAYMENT ARE SUBJECT TO VERIFICATION OF PAYMENT AND GOODS WILL ONLY BE RELEASED OR DELIVERED ONCE PROOF OF PAYMENT HAD BEEN RECEIVED FOR C.O.D. CLIENTS.

CHEQUES ARE SUBJECT TO CLEARANCE AND WILL ONLY BE ACCEPTED AS PAID ONCE IT HAS BEEN CLEARED AT THE BANK. THIS ALSO APPLIES FOR LIMITED BANK GUARANTEED CHEQUES AS WELL, WHERE PROOF OF APPROVED LIMIT CANNOT BE SUPPLIED.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, TO PAY THE AMOUNT ON THE TAX INVOICE AT THE OFFICES OF SOHO (I) CASH ON DELIVER (CASH PAYMENT BEING IN LINE WITH THE PAYMENT METHODS SPECIFIED IN CLAUSE (10.12), (II) WITHIN THE PERIOD AGREED TO IN WRITING BY SOHO FOR CREDIT APPROVED CUSTOMERS.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE HAVE NO RIGHT TO WITHHOLD PAYMENT FOR ANY REASON WHATSOEVER, OR TO SET OFF ANY AMOUNT DUE TO ME/US BY SOHO AGAINST THIS DEBT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT ANY NEGLIGENCE IN PAYMENT ON THE USER/CLIENT’S PART WILL:

(I) RENDER THE FULL AMOUNT IMMEDIATELY PAYABLE;
(II) ENTITLE THE ORGANIZATION TO INSTITUTE ACTIONS AGAINST THE CUSTOMER IMMEDIATELY, FOR THE SOLE EXPENSE OF THE CUSTOMER; AND
(III) ENTITLE THE ORGANIZATION TO CANCEL THE AGREEMENT AND TAKE POSSESSION OF ANY GOODS DELIVERED TO THE CUSTOMER AS WELL AS CLAIM DAMAGES FROM THE CUSTOMER.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT LATE PAYMENT WILL ALSO VOID ALL DISCOUNTS ALLOWED FOR DURING INITIAL QUOTATION, EVEN WHEN SUCH QUOTATIONS HAD BEEN MADE IN WRITING.

SOHO RESERVES THE RIGHT TO CHARGE INTEREST ON ALL OVERDUE AMOUNTS, STARTING FROM THE DATE THE GOODS WAS ORDERED, AT THE MAXIMUM LEGAL INTEREST RATE PRESCRIBED IN TERMS OF THE USURY ACT.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT THE AMOUNT DUE AND PAYABLE TO SOHO SHALL BE DETERMINED AND PROVEN BY A CERTIFICATE ISSUED BY SOHO AND SIGNED ON ITS BEHALF BY ANY DULY AUTHORISED PERSON, WHOSE AUTHORITY NEED NOT BE PROVEN AT ANY TIME BY SOHO.

SUCH CERTIFICATES SHALL BE BINDING AND SHALL BE PRIMA FACIE PROOF OF THE INDEBTNESS OF ME/US.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, TO THE STANDARD RATES OF SOHO FOR ANY GOODS OR SERVICES RENDERED, WHICH MAY BE OBTAINED ON REQUEST.

Litigation

SOHO SHALL HAVE THE RIGHT TO INSTITUTE ANY ACTION IN EITHER THE MAGISTRATE’S COURT OR THE SUPREME COURT AT ITS SOLE DISCRETION.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE SHALL BE RESPONSIBLE AND LIABLE FOR ALL AND/OR ANY LEGAL COSTS AND DISBURSEMENTS ON AN ATTORNEY-AND-CLIENT-SCALE, INCURRED BY SOHO TO RECOVER ANY PAYMENT OR GOODS DUE BY ME/US AND/OR OCCASIONED BY A BREACH OF ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN BY ME/US, WHICH LEGAL COSTS SHALL INCLUDE TRACING COSTS, COLLECTION OR TRAVEL COSTS, VALUATION FEES INCURRED, COMMISSION AND ANY RELATED COST OR EXPENSE.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE SHALL PAY TWO THOUSAND RAND INTO COURT OR FURNISH SUFFICIENT SECURITY IN LIEU OF COSTS IN ANY ACTION INSTITUTED BY OR AGAINST ME/US.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT SOHO WILL NOT BE REQUIRED TO FURNISH SECURITY IN TERMS OF RULE 62 OF THE RULES OF COURT OF THE MAGISTRATE’S COURTS.

Signatory

I/WE, THE UNDERSIGNED USER/CLIENT, WARRANTS THAT THE SIGNATORY HAS BEEN DULY AUTHORIZED TO CONTRACT ON THE CUSTOMER’S BEHALF.

I/WE, THE UNDERSIGNED USER/CLIENT, UNDERSTAND AND AGREE, THAT I/WE FULLY READ AND FULLY UNDERSTOOD EACH TERM OF THIS AGREEMENT AND ACCEPTS THEM AS BINDING.

On a more straightforward note…

Reinstallations

Third-Party Software Applications

We DO NOT and CAN NOT guarantee the functionality of Third-Party Software Applications. That is because we do NOT own Adobe, Google, Hewlett-Packard, Microsoft, Nvidia or Xerox *, meaning “we have no dog in the fight”.

What features they choose to add or remove from their software is NOT our fault.

That means that if you had a little blue button with pink sparkles that magically transported your documents from your scanner to your email – it may no longer be available.

This is only an “isssue” if you choose to “make it an issue”, since the Internet is filled with FREE tools with similar features – which we are more than happy to introduce you too.

Please be reasonable.

Customizations

Please NOTE that most Software Applications, and in particular Microsoft Windows, Microsoft Office, Microsoft Outlook, Adobe Reader and others, literally have 1000s of customizable settings.

» Within Microsoft Windows you can customize your Desktop’s Background, Screen Resolution, Digital Vibrancy, Font Type, Font Size, Font Colour, as well as the size and position of your Icons; your Start Menu’s Size, Position, and Structure, to name but a few.

To check, note, backup and restore each and every one of these customizations would literally take years to complete.

While we CAN, DO and WILL backup and restore all the basics, like your Internet Connection, Email Accounts, Documents, Photos and Music, it is SIMPLY IMPOSSIBLE to backup and restore each and every little tweak you ever performed.

Most of the time this is not a problem, since most users do not tweak their systems.

However, if you are one of those who did tune and tweak your system – you may have to reconfigure some of your preferences.

Only you will know what font you used. Where you used it. How large you want it, and what colour.

Please be reasonable.

Rates

There’s an old Afrikaans saying, “Goedkoop koop is duur koop”, which literally means that to buy cheaply often turns out to be more expensive, since most of the time “you get what you pay for”.

While, at SOHO, we always do our best to be the most affordable, we simply cannot, with a clear conscience, sell substandard or questionable goods.

In light of the above, we would highly recommend you to consider the following, before investing in any IT equipment.

All That Glitters Is NOT Gold

When it comes to Asthma, all Asthma Types Are NOT The Same. When it comes to meat, all flesh are NOT the same. (1 Cor. 15v39) When it comes to things like Radiant Barriers, All Radiant Barriers are NOT the Same.

Likewise, when it comes to IT equipment, all makes and models are NOT the same. No two brands are exactly alike. You have to compare apples with apples.

Careful With Those Hidden Costs

When we sell a Desktop or Laptop Computer they come pre-installed with a whole selection of Recommended Software Solutions.

When you buy a Desktop or Laptop Computer elsewhere they often arrive pre-loaded with trial applications, or in extreme cases, no software at all.

Payments

We do NOT sell ANY goods on credit.

Delivery

Desktop and Laptop Computers

Please take note that all new Desktop and Laptop Computers may take up-to three (3) days until delivery.

That is because, all machines are built, installed, updated and documented, before delivery.

If you want a “rush-job”, please take your business elsewhere.

Attitudes

Generally we have a VERY GOOD relationship with our clients, most of which have also become very good friends.

That is because we do our best to be efficient, decent, honest, reliable and trustworthy.

However, from time-to-time – three times in nine years – we would run into a self-important individual, who seems incapable of sound logic.

Somehow they cannot imagine, in their wildest dreams, that there could be anything outside our control, like breakdowns, the Exchange Rate, the reliability of our suppliers, the speed of our couriers, and the availability of electricity, to name but a few.

But, the customer is Not Always Right, as evidence by the ever-popular website, Clients From Hell.

If you are somewhat arrogant, impatient, obnoxious, rude, self-important or unreasonable, we kindly ask that you please take your business elsewhere.

We are extremely busy, and therefore, do NOT have the time to ‘raise kids’. We also ask that you please do NOT refer to our staff as ‘my boetie’ (my little brother) or ‘my pellie’ (my little friend), etc. We have names.

Footnotes

* Now wouldn’t that be nice.

The Small Office Home Office Internet Service Provider of choice!