Softkings IT Solutions (Pty) Ltd....... Subscription Terms and Conditions
Here's the "small print"! We dislike 'Terms and Conditions' as much as you do. Unfortunately they are a reality and a part of business though so we'll try and keep them as straightforward as possible.
The purpose of these terms is to protect both you and us. It's our best attempt to clear up any issues that may cause problems later. If you have any questions regarding these terms please email us at corporate[at]softkings.co.za and we will clarify the situation for you!
We have tried to include everything that we think is appropriate here. Occasionally there are some things that we add to this page. Please be sure to visit this page on a regular basis if you wish to see the latest Terms and Conditions.
You will receive computer generated invoices for all services rendered by Softkings IT Solutions. All computer generated invoices and credit notes will be sent to you via electronic means.
Agreement Schedule for Corporate Identity Design Subscribers
1. This schedule must be read together with the Terms and Conditions governing subscriptions schedule by company director, manager’s or Representative I (“the Terms and Conditions “ ), as amended from time to time. The Terms and Conditions are set out on this schedule and are freely available for print
2. You may download this schedule to request access to the service. Alternatively you may submit your request telephonically, email or via the website application interface
3. Softkings IT Solutions (Pty) Ltd is an authorized financial service provider. FSP License number 11512
Agreement governing subscription to Softkings IT Solutions service for Entities (Companies) or Individuals on design and development of their Solutions (South Africa, Botswana, Lesotho, Swaziland and Zimbabwe)
1. In the Terms and Conditions the following terms will have the following meanings
1.1 “Agreement” means the agreement concluded between you and Softkings IT Solutions when Softkings IT Solutions accepts your request, which Agreement is governed exclusively by the Terms and Conditions, as amended time to time.
1.2 “Applicable laws” means the applicable provisions of any applicable laws
1.2.1 "Black Fox Credit Management" A debt collection company specialising in high volume debt collection
1.2.2."FSP" "Financial Service Provider" Softkings IT Solutions (Pty) Ltd is an authorized financial service provider. FSP License number 11512
1.3 “Applicable laws” means the monthly period –
1.3.1 Beginning on the date corresponding with the commencement date; and
1.3.2 Ending on the day before the same date in the next month, which is also the monthly due date;
1.4 “Commencement date” means the day/date on which we activate your solution
1.4.1 "Completion date" mean the date we publish your solutions, from day 1 - 14th day. It takes minimum of 14 days to complete one solution, depending on content delivery
1.5 “Your fees” means the fees payable by you in respect of your solution including subscription fees, administrative fees and fees for optional extras as well as any VAT and other taxes, duties, levies, or charges thereon that may be levied by any government authority directly or indirectly in relations to the services
1.6 “General Amendment” means an amendment of these Terms and Conditions by us from time to time on notice to you
1.7 “Payment instruction” means the instruction by you to your bank to pay your fees by way of a debit order or similar payment method
1.8 “Softkings IT Solutions”, ”we” or ”us” means Softkings IT Solutions (Pty) Ltd Registration number 2012/198874/07
1.9 “Reactive fee” means the fee payable by you, following suspension of your access to the service, for reactivation of such access by us, the fixed amount of R50
1.9.1. "Website Transfer" Transfering Website from one server to Another, Client is allowed to transfer / Pay ONLY hosting after SIX months of the solution
1.10 “VAT” means Value Added Tax as provided for in the value added Tax act, 87 of 1991 or any similar consumption based tax which we may be obliged to levy or/and collect
1.11 “Website” means website located at www.softkings.co.za or www.tenderhub.co.za or www.softhost.co.za or any other unified resource locator (URL) by us from time to time
1.12 “You” or “Your” refer to a person, representatives or entity which or who has made a request to access to the service solution on these terms and conditions.
1.13 “CIDB” Construction Industry Development Board, Softkings IT Solutions IS NOT a member nor affiliated with the CIDB
1.14 Any reference in these Terms and Conditions to-
1.14.1 The singular includes the pleural, and vice versa and
1.14.2 One gender includes the other gender
1.15 Please note that you may be entitled to certain rights in terms of applicable laws. For the avoidance of any doubt, no term or provision contained in the agreement is to be interpreted or construed so as to directly or indirectly
1.15.1 Exclude, limit, waive or deprive you of any right which you may have no Terms of applicable laws
1.15.2 Authorize us to do anything that is unlawful in terms of applicable laws or fail to do anything that is requested in terms of applicable laws, to the extent that it is impermissible to do so.
1.16. "Monthly Subscription Due" Payment are due on the last day of each month, failure will result in your solution suspension and reactive fees added
Place of Agreement, Commencement and Duration
2. The Agreement is deemed to be concluded at our principal place of business in Dennilton, South Africa, and Commences on the date on which we accept your request by activating your solutions
3. Subject to the breach provisions in these Terms and Conditions, the Agreement is binding on and until terminated by us or by you as follows:-
4.1 We notify you (in any manner, whether telephonically, electronically, in writing or in person) that we are terminating the Agreement with effect from a specified future date, which we may do at any time subject to clause; or
4.2 You notify us (in any manner, whether telephonically, electronically, in writing or in person) that you are terminating the Agreement.
5. The service is provided on a pre-paid basis
6. In order to have continued services you must make, and we must receive, payment of your Fees in advance on or before the fifth (5th) of each month
7. If we do not receive payments of your fees as contemplated in clause above, we may suspend your access to the service and you will be liable for R50 reactivation fee
8. If your service is suspended, we will not reactivate your access to the service until we receive payments of your fees and the reactivation fee
9. We may from time to time amend the fees payable in respect of access to the service. We will notify you of such an amendment as soon as practicable prior to implementing it, so that if you wish to terminate the Agreement you may do so. We may alter the payment instruction to correspond with any change in your fees
10. We may use payment systems owned and operated by third parties to facilitate the collection of fees and other amounts payable in respect of your service.
Breach of Agreement
11. If any party (“the Defaulting”) breaches any provision of the agreement and fails to remedy such breach within 10 business days of receipt of written notice from the other party (“the Aggrieved Party”) requiring it to do so, then the Aggrieved Party will be entitled, at its option-
11.1. To claim immediate specific performance of any of the Defaulting party’s obligation under the Agreement, whether or not such obligation is then due; or
11.2 In the event of the breach of a material provision of the Agreement in circumstances where the remedy of specific performance or damages would not adequately prevent the Aggrieved Party from being prejudiced, to cancel the Agreement, in which case the Aggrieved Party must give the Defaulting Party notice in writing of the cancellation, and the cancellation will take effect on the giving of the notice.
12. The breach provision in these Terms and Conditions are without prejudice to any other remedies to which a party maybe entitled at law, including the right to claim damages.
13 In addition to our rights under clause, if you materially breach the Agreement we may, without any prejudice to any other remedy that we may have, immediately and without notice to you, suspend your access to the services
14. These Terms and Conditions, read with your Request Record –
14.1 Constitutes the sole and complete record of the Agreement between your company, you and us in respect of your access to the service; and
14.2 Supersede any previous agreement between you and us, or between you and any other company, in terms of which you were authorized to have access to the service.
15. Neither you, your company norwe are bound by any express or implied representation, warranty (Except any warranty implied by law), undertaking, promise or the like not recorded in the Agreement.
16. The agreement is subject to, and will be interpreted, implemented and enforced in terms of the laws of South Africa.
Signature of Subscriber
By requesting the design and development of your solutions, you agree to bond by our terms and conditions