TERMS AND CONDITIONS

TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE AND SERVICE

Netsurit strives to make every user interaction a professional one by ensuring that it fulfil its duties and obligations to all its valued Users. Netsurit values transparency in all its operations and would like to take this opportunity to share its Terms and Conditions of Use and Service.

By accessing or using www.netsurit.com or any of its associated blogs or online platforms (“the Website”), owned and operated by Netsurit (Pty) Ltd (Registration Number 2000/016547/07) (“Netsurit”), the User agrees that (s)he has read, understood and consent to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Netsurit.

These Terms were last updated on 1 August 2020.

Please read these terms carefully before accessing or using the Website.

Definitions – we explain the terms we use in this document
Company Information – our company details
The Website – we explain our purpose for operating the site
User Interaction – what we expect from you when you provide your details
Relationship between the parties – we set expectations around third party advertising
Services information provided by Netsurit – we set expectations about how we manage updates to our advertised services
User responsibilities – we explain your responsibilities when you use the site
Communication – we set expectations around communications on the internet
Privacy Policy – we explain what personal information we use, and how we will manage it to keep it safe
Security breach – we explain how we will manage any potential breach of security that affects the site and your data
Access to and accuracy of your information – we explain how you can exercise your data subject rights
Intellectual property – we explain how we protect our intellection property against unfair use
Disclaimer and indemnities – we explain the risks of using the site
Dispute resolution – we explain how we will handle any disputes that may arise
Notices and service address – we clarify how we will communicate with the user
General – we clarify any issues not addressed by the sections above

INTERPRETATION
1. In these terms and conditions, unless inconsistent with or otherwise indicated by the context –
  1. “Content” means, but not limited to text, graphics, icons, pictures, videos, links and other similar material on the Website;
  2. ″Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa.
  3. “Intellectual Property” means rights in and in relation to any patent, design, trade mark, trade or business name (including all goodwill associated with any trade mark, or any trade or business name), rights in get-up, copyright (including rights to derivative works), database, domain name, circuit, design, and/or utility model, and including in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world, registered or unregistered;
  4. “Personal Information” means information relating to the User, including but not limited to (i) views or opinions of the User or of another individual about the User and (ii) information relating to the User’s race, sex, gender, sexual orientation, pregnancy, marital status, nationality, ethnic or social origin, colour, age, physical or mental health, well-being, disability, religion, conscience, belief, cultural affiliation, language and birth; education, medical, financial, criminal or employment history; names, identity number and/or any other personal identifier, including any number(s), which may uniquely identify a User, account or client number, password, pin code, numeric, alpha, or alpha-numeric design or configuration of any nature, symbol, e-mail address, domain name or IP address, physical address, cellular phone number, telephone number or other particular assignment; blood type, fingerprint or any other biometric information; personal opinions, views or preferences; correspondence that is implicitly or expressly of a personal, private or confidential nature (or further correspondence that would reveal the contents of the original correspondence); and corporate structure, composition and business operations (in circumstances where the User is a juristic person) irrespective of whether such information is in the public domain or not;
  5. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, testing of, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or merging, linking, blocking, degradation, erasure or destruction; and “Process” has a corresponding meaning;
  6. “User” means the person using the Website;
  7. words importing the singular shall include the plural and vice versa;
  8. words importing natural persons includes legal persons and partnerships and vice versa;
  9. any reference to an enactment is to that enactment as at the date hereof and as amended or re-enacted from time to time;
  10. where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
2. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, effect shall be given to it as if it were a substantive clause in the body of these Terms, notwithstanding that it is only contained in this interpretation clause.
3. If any period is referred to in these Terms by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which case the day shall be the next succeeding Business Day.
4. The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these Terms, shall not apply.
COMPANY INFORMATION
1. Site owner: Netsurit (Pty) Ltd
2. Legal Status: Netsurit (Pty) Ltd is a Private Company
3. Directors: Brian Cooper, Eugene Perumal
4. Description of main business: IT Managed services and consulting
5. Telephone number: +27 11 555 7000
6. Email address: info@netsurit.com
7. Website address: www.netsurit.com
8. Physical address: 21 14th Street Marlboro North, Johannesburg, 2196
9. Postal address: PO Box 705, Rivonia, 2128
10. Registered address: 21 14th Street Marlboro North, Johannesburg, 2196
THE WEBSITE
1. Netsurit, via the Website, provides an online information platform which enable the User to access information about Netsurit’s branding, graphic design, marketing and design services, including contact methods to reach Netsurit.
2. The User’s continued access to or use of the Website, in any capacity, constitutes acceptance to be bound by the Terms, as amended. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Netsurit uploading the amended Terms to the Website. It is the User’s responsibility to read these Terms periodically to ensure (s)he are aware of and understands the provisions of these Terms and any changes thereto. Please contact Netsurit at info@netsurit.com for further information on any provision of the Terms.
3. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. The User must not use this Website for any illegal activity or if (s)he does not agree to the Terms.
4. By using the Website, the User warrants that (s)he is 18 years of age or older and of full legal capacity. If the User is under the age of 18 not legally permitted to enter into a binding agreement, then the User may use the Website only with the involvement and supervision of his/her parent or legal guardian. If the User’s parent or legal guardian supervises him/her and gives their consent, then such person agrees to be bound to the Terms and to be liable and responsible for the minor and all of his/her obligations under the Terms.
USER INTERACTION
1. Should the User enter Personal Information on the Website, Netsurit is entitled to assume that the information provided by the User pertains to the User and not to a third party and the User accordingly warrants that any Personal Information submitted to Netsurit is either that of the User or that the person who that Personal Information pertains to has consented to the submission thereof to Netsurit.
2. The User agrees to notify Netsurit immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the User’s Personal Information and to take steps to mitigate any resultant loss or harm.
3. Netsurit may require the User, for certain functions of the website, to submit Personal Information. By submitting Personal Information to the Website, the User expressly consent to Netsurit using such information as per the Privacy Policy terms.
RELATIONSHIP BETWEEN THE PARTIES
1. YOU ACKNOWLEDGE AND AGREE THAT NETSURIT MERELY PROVIDES A SOFTWARE AND ONLINE PLATFORM FOR USERS TO DISCOVER MORE INFORMATION ABOUT NETSURIT AND/OR ITS AFFILIATES, VIA THE WEBSITE.
2. Although Netsurit may allow third party service providers to advertise themselves, or provide information about themselves via/on the Website, anything posted or created by such third parties and posted on the Website is entirely the responsibility of such a third party. Although Netsurit carefully curates each third party’s input prior to being placed on the Website, Netsurit is not responsible for the nature, format, quality or standard of any service, information or product advertised or provided by a third party on the Website.
SERVICES INFORMATION PROVIDED BY NETSURIT ON THE WEBSITE
1. The User acknowledges that the information relating to any and all Netsurit services on offer at any time via the Website may change at any time without notice to you. Netsurit will take all reasonable efforts to monitor its advertised services on the Website and ensure that when a service is no longer available, that offers thereof are discontinued on the Website. However, Netsurit cannot guarantee the availability of any particular service when contacted. When a service is no longer available after Netsurit has made an enquiry related thereto, Netsurit will notify the User thereof as soon as reasonably possible.
2. Netsurit shall take all reasonable efforts to accurately reflect the description, availability, price and/or other pertinent information of a service on the Website. However, should there be any error of whatsoever nature on the Website (which is not due to its gross negligence or fraud), Netsurit shall not be liable for any loss, claim or expense relating to an engagement based on any such error.
USER RESPONSIBILITIES AND WARRANTIES
1. By using the Website, the User warrants and agrees that (s)he:
  1. has read and agreed to these Terms and will use the Website in accordance with them;
  2. has not made any misrepresentations and the information provided via/to the Website is true, accurate and complete;
  3. has the legal capacity to understand and be bound by the Terms and is the age of majority in his/her country of residence and/or have permission from his/her legal guardian to use the Website, if such permission is required;
  4. will not post, upload, replicate or transmit any abusive content on or through the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
  5. will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end “look and feel” of the Website or the underlying software code;
  6. will not infringe any third party or Netsurit’s Intellectual Property rights or other rights or transmit content that the User does not own or does not have the right to publish or distribute (see the Intellectual Property terms for more information);
  7. will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances or devices; and/or
  8. will not facilitate or assist any third party to do any of the above.
2. Without prejudice to any of Netsurit’s other rights (whether in law or otherwise), Netsurit reserves the right to deny the User access to the Website in its sole and unfettered discretion.
3. Netsurit does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
PERSONAL INFORMATION
1. Data messages sent by Netsurit to the User will be regarded as received when the complete data message enters an information system designated or used for that purpose by the User and is capable of being retrieved and processed by the recipient.
2. Netsurit reserves the right not to respond to any communication, email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
3. Whilst all reasonable care is always used by Netsurit, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Netsurit is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Netsurit to a User or from a User to Netsurit.
PRIVACY POLICY – USE OF PERSONAL INFORMATION AND PRIVACY
1. Netsurit values the confidential nature of the User’s Personal Information when using the Website or engaging with Netsurit. As such, Netsurit has created this specific and detailed privacy policy terms for the User to read and appreciate exactly how Netsurit safeguards the User’s Personal Information and respect his/her privacy. For more information regarding the Personal Information stored or used by the Website or Netsurit, please contact info@netsurit.com who will gladly assist.
2. Information provided by the user. Netsurit collects Personal Information which the User voluntarily provides to Netsurit and/or the Website; and
3. Information that is collected automatically. Netsurit receives and stores information which is transmitted automatically from the User’s computer when the User browses the internet. This information includes information from cookies (which are described in clause 9.18 below), the User’s Internet Protocol (“IP”) address, browser type, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that the User’s browser sends to the Website such as your browser type and language, access times, and the address from which the User arrived at the Website.
4. Should the User’s Personal Information change, the User should inform Netsurit and provide updates to the User’s Personal Information as soon as reasonably possible to enable Netsurit to update it. Netsurit is however under no obligation to ensure that the User’s Personal Information or other information supplied by him/her is correct.
5. The User warrants that the Personal Information disclosed to Netsurit is directly from the User and further that the User may lawfully provide all such Personal Information.
6. The User may choose to provide additional Personal Information to Netsurit, in which event the User agrees to provide accurate and current information and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent his/her affiliation with anyone or anything.
7. Any Processing of the User’s Personal Information will be used for Netsurit’s legitimate business purposes and as a necessary function of the User’s engagement with the Website and/or Netsurit’s services, and the User hereby consents to such use.
8. Netsurit shall not, without the User’s express consent:
  1. use the Personal Information for any purpose other than as set out below:
    1. in relation to the effective use of the Website;
    2. to contact the User regarding current or new products or services or any other products or services offered by Netsurit or any of its divisions and/or partners (unless the User has opted out from receiving marketing material from us, possible through same such correspondence);
    3. to inform the User of new features, special offers and promotional competitions offered by Netsurit or any of its divisions and/or partners (unless the User has opted out from receiving marketing material from us, possible through same such correspondence); and
    4. to improve Netsurit’s services descriptions and the User’s experience on the Website by, for example, monitoring the User’s browsing habits, or tracking his/her use of the Website; or
  2. disclose Personal Information to any third-party other than as set out below:
    1. to its employees and/or third-party service providers who assist Netsurit to interact with the User via the Website, email or any other method, in order to assist it to communicate with the User efficiently;
    2. to its divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with the User via email or any other method for the purposes of sending the User marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless the User has opted out from receiving marketing material, possible through same such correspondence);
    3. to law enforcement, government officials, fraud detection agencies or other third parties when Netsurit believes in good faith that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
    4. to Netsurit’s service providers who help with parts of its business operations. However, Netsurit has obligated such service providers to limit their use of the Personal Information in connection with the services they perform for Netsurit, not for their own benefit and according to the similar standards as those of Netsurit.
9. The User hereby expressly consents to the use of the Personal Information in accordance with the provisions of these Terms.
10. Netsurit is entitled to use or disclose Personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process, or to protect and defend its rights or property. In the event of a
11. Netsurit hereby agrees to ensure that all of its employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to the User’s Personal Information are bound by appropriate and legally binding confidentiality obligations and process the Personal Information at standards equal to or higher to that of Netsurit.
12. Circumstances may arise where, whether for strategic or other business reasons, Netsurit decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of Personal Information to prospective or actual purchasers, or the receipt of it from sellers. The User expressly consents to the disclosure of its Personal Information in this manner.
13. Netsurit agrees to:
  1. treat the User’s Personal Information as strictly confidential, save where it is entitled to share it as set out in these Terms;
  2. take appropriate technical and organisational measures to ensure that the Personal Information is kept secure and is protected against unauthorised or unlawful Processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. provide the User with reasonable access to the Personal Information to view and/or update personal details;
  4. promptly notify the User if it becomes aware of any unauthorised use, disclosure or Processing of the Personal Information;
  5. provide the User with reasonable evidence of its compliance with its obligations under these Terms and with the Protection of Personal Information Act No. 4 of 2013 on reasonable notice and request; and
  6. upon the User’s request, promptly correct, return or destroy any and all of the Personal Information in our possession or control, save for that which Netsurit is legally obliged or entitled to retain (acknowledging that some Website functionality might be lost if certain Personal Information is amended or destroyed).
14. Netsurit shall not retain the Personal Information for longer than the period for which it is required, unless required by law to do so, or the User consents to Netsurit retaining such information for a longer period.
15. Netsurit undertakes never to sell or make the Personal Information available to any third-party other than as provided for in these Terms.
16. Whilst Netsurit will do all things reasonably necessary to protect the User’s right to privacy, Netsurit cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s Personal Information made by third parties who are not subject to its control, unless such disclosure is as a result of its gross negligence.
17. If the User discloses his/her Personal Information to a third party, such as an entity which operates a website linked to this Website or anyone other than Netsurit, Netsurit shall not be liable for any loss or damage, howsoever arising, suffered by the User as a result of the disclosure of such information to the third party.
18. This Website may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify the User. If the User does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the User to deny or accept the cookie feature. Please note that cookies may be necessary to provide the User with certain features available on the Website, and thus if the User disables the cookies (s)he may not be able to use those features, and his/her access to the Website will therefore be limited. If the User does not disable “cookies”, (s)he is deemed to consent to Netsurit’s use of any Personal Information (and other information) collected using those cookies, subject to the provisions of these Terms and the Website’s other Policies.
19. The User is entitled to request access to any relevant Personal Information held by Netsurit.
20. This privacy policy and our operations are all interpreted, applied and/or are in accordance with, the privacy and data protection laws of the Republic of South Africa. Should you be a citizen of a territory other than the Republic of South Africa with the result that additional privacy laws apply to the Processing of your Personal Information, please contact us so that we may gladly assist you in manifesting those rights, and ensuring that you are fully protected as required. You can contact us at 011 482 7380 or info@netsurit.com for any such assistance.
SECURITY BREACH
1. Netsurit shall –
  1. notify the User in writing, immediately it becomes aware or has reasonable grounds to believe that the Personal Information of a User has been accessed or acquired by an unauthorised person and take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible;
  2. as soon as reasonably possible thereafter, Netsurit shall engage with any persons who may be appointed by it to discuss the security breach, to report all relevant facts relating to the compromise and steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise; and
  3. provide the User with details of the Personal Information affected by the compromise, including but not limited to, the identity of the User, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorised person/s who are known to or who may reasonably be suspected of, having accessed or acquired the Personal Information.
2. Immediately upon notifying the User as set forth in clause 10.1, Netsurit shall –
  1. at its own cost, take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of the Personal Information;
  2. implement all measures reasonably necessary to restore the integrity of Netsurit’s information system; and
  3. notify all affected Users.
ACCESS TO AND ACCURACY OF YOUR INFORMATION
1. Netsurit strives to keep the User’s Personal Information accurately recorded. Netsurit shall provide the User with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please engage Netsurit on such actions or requests by following the procedure documented in our Promotion of Access to Information (PAIA) Manual located here .
2. The User is entitled to request access to any relevant Personal Information held by Netsurit and where such access is necessary for you to exercise and/or protect any of the User’s rights.
3. The User may request Netsurit to review the Personal Information which it holds and may request for Netsurit to delete such information. The deletion of any information may result in certain Website services being unavailable.
INTELLECTUAL PROPERTY
1. The Intellectual Property available on the Website or to be made available by Netsurit or any of its selected service providers or agents are the property of or licensed to Netsurit and may not be used other than as set out herein.
2. Any uploads by the User to the Website will be dealt with as your property. The User hereby indemnifies Netsurit against any claim whatsoever for the infringement of Intellectual Property of a third party or breach of any agreement between the User and any third party as a result of an upload or submission to the Website.
3. The names, images and logos identifying Netsurit, its partners, or third parties and their services and products are subject to copyright, design right and trademark protection. Unless specifically agreed to under these terms and conditions, nothing contained herein shall be construed as conferring any licence or right to use any trade mark, design right or copyright by Netsurit or any other third party.
4. E-mail addresses, names, telephone numbers and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is not permission from Netsurit to utilise same.
5. The User may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any Intellectual Property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Netsurit first being granted, which consent may be refused at the discretion of Netsurit. No modification of any Intellectual Property or editorial content or graphics is permitted.
6. Netsurit reserves the right to make improvements or changes to the Intellectual Property, information, artwork, graphics and other materials on the Website, or to suspend or terminate the Website, at any time without notice.
7. Any enquiries regarding any of the above relating to Intellectual Property must be directed to Netsurit at info@netsurit.com
ADVERTISING AND SPONSORSHIP
1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
2. The User hereby indemnifies Netsurit, its members, employees, suppliers, partners, affiliates and agents and holds the harmless to the maximum extent permitted in law, from any claim, responsibility, damage, harm, or liability for any error or inaccuracy appearing in advertising or sponsorship material.
DISCLAIMERS AND INDEMNITIES
1. Disclaimers
2. The Website, including any Intellectual Property appearing therein, is provided “as is” and “as available”. Netsurit makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
3. All information or opinions of Users or third parties made available on the Website in relation to any of the services are those of the authors and not Netsurit. While Netsurit makes every reasonable effort to present such information accurately and reliably on the Website, Netsurit does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
4. Netsurit, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom, and the User accordingly indemnifies Netsurit and holds it harmless against any claims, harm, loss, or damage suffered by the User.
5. Netsurit, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from your access to, or use of, the Website in any manner, and the User accordingly indemnifies Netsurit and holds it harmless against any claims, harm, loss, or damage suffered by the User.
6. Netsurit takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Netsurit does not warrant or represent that the User’s access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The User’s access to and use of the Website remains solely at the User’s own risk and the User agrees to take his/her own precautions accordingly.
7. This clause will survive termination of this agreement.
DISPUTE RESOLUTION
1. Should any dispute, disagreement or claim (“dispute”) arise between the parties concerning the use of the Website or the Personal Information, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
2. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, then they shall use the services and assistance of any applicable regulator and/or ombud, or finally, by confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa (“AFSA”), by a practising advocate with more than 10 years post-qualification experience agreed between the parties. In the event that the parties cannot agree to an arbitrator within 7 days of a request by either party to so agree, the arbitrator shall be appointed by AFSA.
3. The arbitration proceedings shall be conducted in Johannesburg in English. Subject to the above, both parties consent to the non-exclusive jurisdiction of the Magistrate’s Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court.
4. The parties both agree to keep the dispute and the arbitration confidential. The parties understand that any publicity of the dispute of this nature can cause serious damage to the other party, which damage may result in a financial claim.
TERMINATION
1. Netsurit reserves the right to terminate and cancel the User’s access and/or use of the Website if the User breach any of the Terms, or for any other reason provided that Netsurit gives 10 days written notice thereof to the User.
2. The User may terminate its future agreement with the Terms and with Netsurit, by discontinuing his/her use of the Website.
NOTICES AND SERVICE ADDRESS
1. Each of the parties choose their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
  1. in the case of Netsurit, at info@netsurit.com; and
  2. in the case of the User, at the email and addresses provided by the User to Netsurit via the Website, or otherwise.
2. Any notices to any party will be sent via email. Unless the contrary is proved, any notice transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the first Business Day following the day of transmission.
3. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 days after service of the notice in question.
4. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
GENERAL
1. Netsurit may update these terms and conditions from time-to-time by posting a new version on the Website. Netsurit shall inform the User of any such changes, and ensure that the latest version is uploaded to the Website at all times.
2. No indulgence, leniency or extension of time granted by Netsurit shall constitute a waiver of any of Netsurit’s rights under these Terms and, accordingly, Netsurit shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. The User’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
6. Should you have any complaints or queries, kindly address an email to info@netsurit.com advising Netsurit of any complaint or query.
7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Netsurit in relation to the breach.
8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
9. No term or condition of these Terms is intended to breach any peremptory provisions of any national legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 18.8 mutatis mutandis.

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