Debit Order
This document describes the terms and conditions of service applicable to you as a VXC Connect Internet subscriber. By accessing the Internet via a VXC Connect Internet account (or via any server hosted on any VXC Connect Internet network), you are agreeing to the terms and conditions of this agreement. If you do not agree to these conditions, your only recourse is to terminate your account.
Acceptable Use:
The VXC Connect Internet service may only be used for lawful purposes. The Subscriber is prohibited from transmitting unlawful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind. The Subscriber may not engage in conduct that would constitute a criminal offense, infringe on third party rights, give rise to civil liability, or violate any local or international statute, rule, regulation, or treaty. The Service may not be used to upload, post, reproduce or distribute any material protected by copyright or any other intellectual property right without first obtaining the written permission of such right holder. The Subscriber shall be prohibited from engaging in the transmission of unsolicited advertising, chain letters, and junk mail — “spamming”. Users undertake not to attempt to degrade the service provided by VXC Connect or any other Internet Service Provider by means of software, hardware, or other means. Participation in any of the aforementioned prohibited activities by the Subscriber shall be cause for locking and/or cancellation of The Subscriber’s account at the discretion of VXC Connect Internet without notice to The Subscriber.
Misuse of Internet Connections:
Where VXC Connect Internet becomes aware that the service is being misused, including but not limited to the malicious degradation of other networks or network devices, baseless, negative, or unflattering reviews or comments on any online platforms, any comments that directly or indirectly cause VXC Connect Internet reputational damage and/or transmission of content contrary to applicable law (“Service Misuse”), VXC Connect Internet reserves the right to immediately cancel The Subscriber’s account and service without liability.
Content:
The Subscriber acknowledges and agrees that VXC Connect Internet does not maintain or control the content of the information residing in or transmitted through its service. VXC Connect Internet does not endorse the accuracy or reliability of any opinion, advice, or statement however transmitted using any VXC Connect Internet accounts. VXC Connect Internet does not assume any liability for any harassing, offensive, or obscene material distributed through any VXC Connect Internet account, nor does VXC Connect Internet assume liability for information which may be in violation of a third party’s intellectual property or other rights.
Privacy:
VXC Connect Internet will not intentionally monitor or disclose any private e-mail messages unless required by law, regulation, or Court Order. VXC Connect Internet will use reasonable diligence to maintain the confidentiality of e-mail, but The Subscriber acknowledges that third parties may attempt to breach the confidentiality of email which is out of the control of VXC Connect Internet. The Subscriber agrees to respect the privacy and confidentiality of others’ e-mail by refraining from the use of applications intended to breach the privacy of another user. The Subscriber agrees to keep confidential The Subscriber’s access password and not to share the account with others and The Subscriber acknowledges responsibility for all use and liability resulting from access to the Services with the Subscriber’s password.
Limitation on Liability:
The Subscriber recognizes that the Internet consists of multiple participating networks which are separately owned and therefore not in the control of VXC Connect Internet. Additionally, access to the Internet or other services may be available only through hardware or software not provided by VXC Connect Internet. Malfunction of any such networks, software or hardware may make access to the Internet, or other services, temporarily or permanently unavailable to the Subscriber. The Subscriber agrees that VXC Connect Internet shall not be liable for damages incurred or sums paid when the Service is temporarily or permanently unavailable due to the malfunction of networks, software or hardware out of the control of VXC Connect Internet, or due to any accident, abuse, misapplication by The Subscriber or person, entity, or firm other than VXC Connect Internet. In the event of a malfunction of the service, the Subscriber agrees that its sole and exclusive remedy and VXC Connect Internet’s entire liability shall be the pro rata return of fees paid by the Subscriber to VXC Connect Internet for service in the month the malfunction occurred.
Disclaimer:
VXC Connect Internet disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. In no event shall VXC Connect Internet or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of, or inability to use the services provided by VXC Connect Internet, even if VXC Connect Internet has been advised of the possibility of such damages.
Indemnification:
The Subscriber agrees to defend, indemnify and hold harmless VXC Connect Internet, its directors, officers, successors and assigns from and against any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) caused by or arising out of the actions of the Subscriber, its employees or agents in connection with these terms of acceptable use. The Subscriber further agrees to provide prompt notice to VXC Connect Internet of any complaints, claims, or other actions made, threatened or initiated against the Subscriber in connection with or as a result of its receipt of the Service under this agreement.
Miscellaneous:
The Terms and Conditions may not be assigned by the Subscriber hereto without the written consent of VXC Connect Internet. A failure to enforce, for whatever reason, any Term or Condition or part thereof by either party shall not operate or be construed as a waiver to enforce the same or any other provision herein. The parties agree reasonable attorney’s fees, cost, and expenses incurred in enforcing the Terms and Conditions of or defending against a claim brought under the Terms and Conditions shall be paid to the prevailing party by the non-winning party. The Terms and Conditions herein shall be governed by and construed in accordance with the Laws of South Africa. The venue for all disputed matters and performance under the Terms and Conditions shall be the Magistrates Court of South Africa for the Western Cape Province held at Somerset West.
Termination:
This agreement shall be deemed ongoing unless terminated in writing by either party. Either party may terminate the Service with or without cause at any time giving one calendar month written notice. Termination shall be effective immediately upon completion of the notice period. VXC Connect Internet may not be responsible for rerouting or transferring mail after the notification period has expired. VXC Connect Internet shall not be liable for any damages, losses, cost or expenses caused by or arising out of termination of service, to the Subscriber or to any other entity or individual. The subscriber undertakes to pay all documents submitted by VXC Connect Internet on presentation without procrastination. The Subscriber shall forfeit all amounts paid to VXC Connect Internet for the Service as a result of cancellation.
CANCELLATION:
I/we agree that although this authority and mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/we also understand that I/we cannot reclaim amounts which have been withdrawn from my/our account (paid) in terms of this authority and mandate if such amounts were legally owing to VXC Connect managed by VXC Express (Pty) Ltd.
ASSIGNMENT:
I/we acknowledge that this authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party.