R-Technologies

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Terms and Conditions

Use of Site

Terms and Conditions:

You may only use this site to browse the content, use the advertised functionality and make legitimate purchases, and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents.>/p>

The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

  • Cancel any order placed on the Website, via telephone or via email, for reasons including but not limited to: suspicion of fraud, stock unavailability, incorrect product information, incorrect product price, incorrect shipping cost, incorrect customer personal information, incorrect customer billing address, incorrect customer shipping address and others.
  • Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  • We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

QUOTATIONS

Quotations submitted according to project specifications will remain valid for a period of 7 days from quote date. If this 7 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, R-Technologies may amend the quote according to our current rates.

All quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to R-Technologies, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceding quote.

As all quotations are carefully considered in light of each projects specific technical requirements, R Technologies reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications where not communicated in a reasonably clear and correct manner by the client to R-Technologies at the outset of the project.

In the event that a client is unable to provide a detailed project specifications document, R-Technologies reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.

R-Technologies reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.

To formally accept a quotation by R-Technologies, the quote must be signed and dated by the client and returned to R-Technologies via email. No project will commence unless it’s formal acceptance of the quote is received by R-Technologies within the 30 day period as specified in point 1.

DEPOSIT AND PLACEMENT OF ORDER

The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. R-Technologies accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon. R-Technologies does not accept payment by cheque.

No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, R-Technologies accepts no responsibility should the deadline of the project not be met.

PROJECT PHASES

Each phase of a project requires formal written approval, or sign off, by the client. R-Technologies will not proceed with a project phase unless such written approval has been received by the client for the preceding phase. R-Technologies reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.

Alterations, and additions may be requested at any time, during any phase of the development of a project. R-Technologies will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, R-Technologies reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, R-Technologies will need to receive approval from the client, before any development commences.

It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. R-Technologies accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, R-Technologies reserves the right to charged additionally for any extra development time incurred as a result.

DISCLAIMER FOR LIABILITY

The client shall have no claim against R-Technologies and the client hereby indemnifies and holds R-Technologies free from liability in respect of any loss, damage or cost caused by or arising from:

  • any fact or circumstances beyond the reasonable control of R-Technologies; or
  • any downtime, outage, interruption in or unavailability of any of the services or the R-Technologies network infrastructure as a result of or attributable to any of the following causes:
    • software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
    • the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mailservers;
    • the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the R-Technologies network is connected;
  • the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
  • any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
  • any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client’s information, data or content;
  • the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
  • any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other R-Technologies;
  • without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if R-Technologies has substantially performed its obligations under this agreement.

Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against R-Technologies and the client hereby indemnifies and holds R-Technologies free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.

R-Technologies reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the R-Technologies network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the R-Technologies network.

Although R-Technologies shall use reasonable endeavours to provide disaster recovery, R-Technologies does not specify any recovery time, nor shall R-Technologies be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of R-Technologies failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.

MAINTENANCE AND REPAIR

R-Technologies may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of R-Technologies’ services. Where the circumstances permit, R-Technologies shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond R-Technologies’ control.

INTELLECTUAL PROPERTY

All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.

The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of R-Technologies without the prior written approval of R-Technologies. The client hereby grants R-Technologies a non-exclusive licence to use the client’s marks but only to the extent necessary or required by R-Technologies to exercise its rights or fulfil its obligations under this agreement.

Other than specifically provided in this agreement, R-Technologies shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the R-Technologies network infrastructure, the R-Technologies e-commerce network infrastructure, R-Technologies’ business and the provision of any of the services in terms of this agreement.

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