Recordal

Dynacomm hereby sells the service to the User on the terms and conditions herein contained which terms and conditions the User is deemed to have familiarised himself/herself with and have irrevocably accepted.

 

Interpretation

In these terms and conditions:

"the user" means the party who has purchased the service and\or any person using the service;
"the service" means the internet service herein provided by Dynacomm Internet Services to the User in terms of the conditions herein contained;
"Dynacomm" means Ravenscoe trading 206 cc

 

Provision Of Service

• The User shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems, terminal adapters and the like, which is or may be necessary for the User to obtain and retain access to the required service(s).
• The User shall be liable for all telephone call charges and other third party costs incidental thereto.
  

 

Availability of Service

• Dynacomm shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period of time.
• The User accordingly indemnifies Dynacomm against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of Dynacomm being unable to make its service available to the User under the circumstances described in this clause.
• Dynacomm will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority.
  

 

User Etiquette

The user acknowledges and agrees that:

• Users are expected to abide generally accepted Usenet etiquette. ("Netiquette");

 

The User shall not use the service in a manner which:

• Constitutes a violation of any law, regulation or tariff that may be offensive to internet users in general, to the public at large or as same may be determined from time to time by Dynacomm in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
• is defamatory, fraudulent or deceptive;
• is intended to threaten, harass or intimidate;
• tends to damage the name or reputation of Dynacomm, its affiliates or subsidiaries; or interferes with the use and enjoyment of internet related services of Users of Dynacomm.
• The user undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the internet as specified or implied by Dynacomm or any of the local or Foreign Service providers or laws governing the provisions of the service and Internet.
  

 

Payment for service

Dynacomm shall bill the client in advance for the period 25^th of the month to the 24^th of the following month. Dynacomm will only issue invoice on request by the client. The user pays to Dynacomm such charges as levied by Dynacomm from time to time as follows:

• Monthly Subscriptions-the charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly in advance by the User to Dynacomm, including pro rata charge for the first month’ billing. Payment is rendered without deduction, free of exchange or set-off by way of debit order, or in such a manner as determined by Dynacomm. It is a condition of activation that details of a valid, unexpired Visa, Master or American express card, or a current bank account to be provided for debit order purposes. All amounts due to Dynacomm will be recovered from the banking source given. This amount is non-refundable.
• Bi-annual subscriptions-The charge for a subscription to the service on a bi-annual basis is payable in full in advance by the User to Dynacomm. Bi-annual subscriptions will be renewed automatically.
• Annual subscriptions-The charge for a subscription to the service on an annual basis is in full in advance by the User to Dynacomm. It is a condition of activation that details of a valid, unexpired Visa, Master or American Express card, or a current bank account to be provided for debit order purposes. All amounts due to Dynacomm will be recovered from the banking source given. This amount is non-refundable. Annual subscriptions will be renewed automatically.
• Usage fees, where applicable, will be billed in arrears. Dynacomm reserves the right to withhold access to overdue accounts, while the User shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

Without prejudice to rights granted to Dynacomm in terms hereof, any amount due by the User to Dynacomm not paid on due date thereof:

• Shall bear interest at a rate equal to the maximum, allowable in terms of the Usury Act, 1968, calculated daily in advance from the date payment was due until the date of actual payment thereof; and
• should the client fail to pay any amount owing to Dynacomm on the due date, Dynacomm shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
• In the instance where this agreement, in respect of any products applied for, specifies a minimum periods of one year’s duration and a client cancels or purports to cancel this agreement in respect of such products prior to expiration of such year, the remainder of all monthly payments payable during the year shall immediately become due and payable to Dynacomm.
• Dynacomm shall be entitled to take all such steps, without notice to the User, as may be necessary to recover such outstanding amounts.
• Dynacomm reserves the right to levy a charge handling fees at an amount determined by Dynacomm for monies due in the event of a User’s payment being returned or rejected by the User’s bankers.
• Dynacomm furthermore reserves the right to blacklist any or all credit bureau agencies within the Republic of South Africa, such User who fails to comply with the payment agreement for subscription to the service. In addition, Dynacomm will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
• Dynacomm reserves the right to amend Service subscription charges at its own discretion. Dynacomm will give the user 30 days (thirty) notice of any such amendment and the User shall be bound to any such adjustments.
  

 

Suspension/Disconnection of Service

Dynacomm may from time to time without notice, suspend and/or disconnect a User from the service in any of the following circumstances:

• During any technical failure, modification or maintenance of the service, and provided that Dynacomm will use its reasonable endeavours to resume the service as soon as possible;
• Should the User fail to comply with any of the terms and conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in Dynacomm’s opinion may have negatively affected the operation of the service.
• If the user fails to make the required payment of such monies due to Dynacomm for subscription to the service, and /or in the event of a user being in arrears on either a monthly, bi-annual, or annual payments, with no attempt from the user to resolve.
• Dynacomm reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of Dynacomm, payable by the User on invoice, for any request to be re-connected to the service, and irrespective of how the service was suspended or disconnected.
• Notwithstanding any suspension of the service in terms of hereof, the user shall remain liable for all charges due throughout the period of suspension unless Dynacomm in its sole discretion determines otherwise in writing.

 

Termination of Service

Under normal circumstances, 30 (thirty) days written notice from either party for any reason whatsoever is required to terminate the existing service.

 

Regulatory Compliance

The user undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The user furthermore acknowledges that the imposition of regulatory obligations by such a body may necessitate amendments to be effected to these terms and conditions and hereby consents to Dynacomm effecting such amendments without prior notice.

 

Indemnity

The User hereby indemnifies and holds Dynacomm, its employees, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.

Intellectual Property Rights

1. The Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the goods and services and any value-added work thereto do not pass to the Customer, unless otherwise specifically authorized.
   
   
2. The Customer agrees to indemnify Dynacomm against all claims, damages, costs (including legal costs calculated on an indemnity basis) made by any person or company Dynacomm may incur, either as a result of work done in accordance with the Customer's specifications or for the infringement of any intellectual property rights resulting from such customisation.
   
   
3. If an order includes software or other intellectual property, such software or other intellectual property is provided by Dynacomm to the Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or intellectual property.  Nothing herein shall be construed to grant any rights or license to use any software in any manner or for any purpose not expressly permitted by such license agreement.

Sub-Contracting

Dynacomm reserves the right to sub-contract any part of any work or supply of any goods or services.

Third Party Claims

The contract or contracts to which these T&C's may apply is between the Customer and Dynacomm only. No third party shall acquire any rights against Dynacomm and Dynacomm shall have no liability to any third party arising out of or in connection with any contract. Furthermore the Customer shall indemnify Dynacomm against all actions, claims or demands by third parties in tort or otherwise arising directly or indirectly in connection with the goods (or the use of the goods) or the services provided

Liability

The customer agrees that Dynacomm shall not be liable nor held liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise):

1. loss of data;
2. loss of revenue or anticipated profits;
3. loss of business;
4. loss of opportunity;
5. loss of goodwill or injury to reputation;
6. losses suffered by third parties; or
7. any indirect, consequential, special or exemplary damages arising from the use of Dynacomm's services or content regardless of the form of action.
   

 

Jurisdiction

The User hereby irrevocably consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the Magistrates’ Court Act of 1944, provided that Dynacomm shall, should it elect, be entitled to institute proceedings in the High Court of South Africa.

 

Cession and Delegation

The user shall not cede, assign or delegate or in manner whatsoever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior consent of Dynacomm. In the event of any change in controlling interest in the client, Dynacomm shall be entitled to terminate this agreement on notice to the client. The client shall notify Dynacomm of any change in its controlling interest within 14 days (fourteen) of such a change. Dynacomm shall be entitled to cede and transfer or delegate any third party, at its absolute discretion, all or any of its rights and obligations under these terms and conditions.

 

Domain Policies

• Should the user require any form of domain registration or use involving TLD's, the user must read and accept policy information as well as acceptance of the ICANN dispute resolution policy relating to the TLD extension as set out below.
  

 

General

• The User acknowledges and agrees that the terms and conditions that govern the User’s use of the service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
• The User shall not, without the express written permission of Dynacomm, re-sell or make available to any third party such services as they might receive from Dynacomm.
• These terms and conditions may change from time to time. The User may view updated terms and conditions at http://dynacomm.co.za and unless otherwise notified, Dynacomm shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected.