AdMix tracks your business phone calls as part of the digital sales journey to improve revenue and delight your clients.
The following words or phrases have the meanings given to them below:
- “Affiliate” in relation to any one of us means:
- our holding company, the holding company(ies) of our holding company, and all of their direct and indirect subsidiaries; and
- any other entities or persons over which any of those companies has direct or indirect control; and
- any other entities or persons which have direct or indirect control over any of those companies,
- and for the purposes of this definition “control” shall include de facto control, the ability to substantially influence the affairs of another person, and joint control with other persons;
- “Agreement” means the agreement embodied in this document, these Terms of Service and the SLA;
- “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
- “Commencement Date” means the date upon which this Agreement comes into effect, being the date of registration on the AdMix website;
- “Confidential Information” means any information of a confidential nature, or which a reasonable person would consider to be of a confidential nature, which has been or may be disclosed to, or obtained by, either of us to or from the other, whether before or after the Commencement Date and whether in writing or in electronic form or pursuant to discussions between us (or which can be obtained by examination, testing, visual inspection or analysis using otherwise confidential information), including without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions, ideas analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition;
- “Customer” means the person (whether natural or juristic) that registered on the website, together with its Affiliates from time to time;
- “Customer Data” means any data and information made available to us or otherwise coming into our possession through the use by you of AdMix, the performance by us of our obligations under this Agreement, or otherwise arising under or in connection with this Agreement, including (without limitation) call records, audio recordings, SMS records and SMS message content;
- “Data Protection Legislation” means all data protection laws and regulations applicable in the Territory from time to time, including without limitation the Protection of Personal Information Act 4 of 2013, the Promotion of Access to Information Act 2 of 2000, and the Regulation of Interception of Communications and Provision of Communication-Related Information Act no 70 of 2002 (”RICA”);
“Documentation” means all of the instructions, code samples, on-line help files and technical documentation made available by us to enable you to use AdMix;
- “End User” means any end user of a AdMix;
- “ICASA” means the Independent Communications Regulator of South Africa (or its successor body from time to time);
- “Intellectual Property” means all intellectual property rights, howsoever arising and in whatever tangible or intangible form including (without limitation) patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill, rights in designs, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in Confidential Information (including trade secrets and know-how) and any other intellectual property or proprietary rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
- “Parties” means the parties to this Agreement, being you (the Customer) and us (AdMix) and “Party” means either one of us, as the context may indicate; “Personal Information” means information relating to an identifiable, living, natural person, and/or where it is applicable, an identifiable, existing juristic person, which is subject to protection under Data Protection Legislation from time to time;
- “Prime Rate” means the prime overdraft-lending rate charged by First National Bank Limited to its best grade corporate customers on unsecured facilities from time to time. In the event of a dispute arising between us as to the aforesaid rate of interest, a certificate issued by any branch manager of the said bank confirming the rate, shall be prima facie evidence of such rate;
- “AdMix” means the entity specified as AdMix, together with its Affiliates from time to time.
- “AdMix Properties” means, collectively, the AdMix website, Documentation and technical support made available by us to you in connection with AdMix;
- “AdMix Services” means the services provided by us to you in terms of this Agreement, including programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by us, the Documentation and any software provided to you in connection with your use of AdMix;
- “Territory” means the Republic of South Africa; and
- "Written Notice/In writing" means communication via email.
- “Usage Fees” means the fees payable by you to us in consideration for the provision of Admix.
2. Use of site
You may only use this site to browse the content, 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. Unauthorised 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.
3. Commencement and Duration
This Agreement will take effect on the Commencement Date and shall continue indefinitely, unless:
- it is terminated in accordance with the provisions of clause 12 (Breach); or
- a customer stops paying for the Admix Services and the subscription expires at the end of the billing cycle.
- Admix terminates the Agreement by giving at least 30 (thirty) days notice of termination to the Customer.
4. AdMix Services
You acknowledge that the features and functions of Admix, may change over time.
5. Undertakings by you
- You acknowledge that it is your responsibility to keep your AdMix account username and password secret and secure, and by signing this Agreement you undertake to do so. You may not share your AdMix account username and password with anyone else.
- You are responsible for all numbers under your account and where they are used.
- You must ensure that we are entitled to use your Customer Data, including the content of communications, as is necessary in the provision of Admix and/or as otherwise contemplated in this Agreement.
- By agreeing to this Agreement, you agree not to use Admix:
You acknowledge that your rights in terms of this Agreement are personal.
- in contravention of any applicable law; and/or
- for purposes of Least Cost Routing, SIM boxes, forwarding calls to international numbers, WASP services or forwarding calls to any premium rated numbers. If you do any of these things, you will be in material breach of this Agreement, and we shall have the right (without prejudice to any other rights we may have) immediately to suspend provision of Admix to you.
6. Underutilised Numbers
- We reserve the right to reclaim any phone number which we have allocated to you and return that number to the relevant numbering pool if we consider the amount of traffic that you send over that phone number to be too low (“Insufficient Traffic”), so that the phone number is underutilised, as that term is used by ICASA from time to time.
- We will only reclaim a phone number on the basis of Insufficient Traffic where we have received notice by ICASA to do so, and we will use our best efforts to provide at least 14 (fourteen) days’ prior written notice to you (via e-mail) that we intend reclaiming one or more phone numbers, taking into account that we may be prevented from doing so by ICASA.
- You agree that you shall have no claim against us of any kind arising out of us reclaiming any phone number which we have allocated to you, in terms of this clause 5, irrespective of whether we have given you notice of our intention to reclaim, or the period of such notice.
7. Payment options and pricing
All transactions will be processed in South African Rands (ZAR).
AdMix endeavours to offer you competitive prices; you're total order price will include the price of the purchase plus any applicable
AdMix reserves the right to change pricing at any time without prior notice.
7.1 Monthly Subscription
- In consideration for the rights to use the Service under the terms herein, you will pay non-refundable subscription fees in the amount and payment terms as displayed under your account and/or as per invoices issued.
- Your subscription fees are inclusive of taxes.
- Should you not be able to pay for the services in a timely manner, AdMix will suspend service delivery of all services that rely on payments.
- Subscription fees are payable in ADVANCE ON the 1st BUSINESS DAY of the month.
7.2 Top up
- The option to purchase additional credit is made available within AdMix.
- Some of the usage services rely on Top up credit being available in your account.
- These usage services rely on a top up balance that is positive. In the case the balance is no longer positive, the usage services will no longer be provided.
- Top up credit can only be used for usage charges, not for monthly subscription fee.
- Top up credit does not expire, but does require an active subscription.
- If you dispute any portion of any Usage Fees payable by you under this Agreement, you:
- must notify us of the dispute within 30 (thirty) days after receipt of the invoice in question;
- and are nevertheless obliged to make payment of the disputed invoice in full on due date, pending resolution of the dispute.
- If the dispute is eventually resolved in your favour, we will issue you with a credit for the amount that you have overpaid.
- Where you notify us of a disputed amount within the time period referred to above, we will consult with you to resolve the dispute as soon as possible, it being agreed that where the disputed amount exceeds 5% of the total invoice value, the dispute may be referred to dispute resolution as provided for in clause 17.
- Once a 30 (thirty) day period has expired, you will no longer be entitled to dispute any part of the invoice concerned.
8. CHANGES TO THIS AGREEMENT
- You acknowledge and agree that the terms and conditions contained in this Agreement, may be subject to change by us. These changes could include increases in the Usage Fees.
- We reserve the right to 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.
- If we are going to make any change to any part of this Agreement, we will give you 30 (thirty) days’ prior written notice of the change. If you are not happy with the change you may, within 30 (thirty) days after receipt of such notice:
- cancel this entire Agreement; or
- cancel the particular Admix Service(s) to which the change relates,
by giving us written notice to that effect, failing which you will be deemed to have consented to such change and will be bound thereby.
9. SUSPENSION OF SERVICES
- We are entitled, without prejudice to any other rights we may have, to suspend the provision of Admix to you:
- if you are in breach of any of the terms of this Agreement (other than clause 4.4 and/or clause 9), and/or any other of our policies applicable to your use of Admix and incorporated by reference into this Agreement, and you have not rectified your breach within 14 (fourteen) days of us calling upon you in writing to do so;
- immediately, if you are in breach of your obligations in terms of clause 4.4 and/or clause 9;
- immediately if we have reason to believe that your use of Admix, or the traffic created from your use thereof, is fraudulent or negatively impacting the operating capability of Admix;
- immediately if we determine, in our sole discretion, that providing Admix is prohibited by law; or
- non-payment of fees for the AdMix services as described in clause 6.
- on 7 (seven) days written notice to you, if we determine in our sole discretion that it has become impractical or unfeasible for any legal or regulatory reason to continue to provide Admix; and/or if you have not paid any amount due by you in terms of this Agreement on its due date, and have not rectified such non-payment within 14 (fourteen) days after receipt of a notice from us requiring you to do so, in which case the provision of Admix may be suspended until the outstanding Usage Fees have been paid.
- We are further entitled to suspend the provision of Admix for upgrading or maintenance (“Planned Maintenance”). If we need to do this, we will give you reasonable advance notice of the planned suspension. We will use our best efforts to undertake Planned Maintenance outside of business hours and will use reasonable efforts to ensure that any disruption to Admix, to your use thereof, and/or to your business activities, is kept to a minimum.
10. WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS
- By signing this Agreement, you warrant, represent and undertake that:
- you are fully authorised to enter into this Agreement;
- you shall not do anything illegal or engage in any illegal or fraudulent business practice;
- you shall exercise good faith in all of your dealings with us; and
- you shall not do anything, and you shall use reasonable commercial endeavours not to allow any act to be done, which does or is likely to prejudice the good name, reputation and business practice of Admix.
- Any breach of the warranties given by you in this clause 9 and/or elsewhere in this Agreement shall be deemed to be a material breach of this Agreement entitling us, in addition to and without prejudice to any other rights we may have in law or under this Agreement, to cancel this Agreement.
- You hereby indemnify and hold us harmless against claim, loss or damage arising out of or relating to your activities under this Agreement or your acts or omissions in connection with the provision of Customer Applications, including, without limitation, any intellectual property claims relating to Customer Applications and/or any violation by you or your End Users of the terms of clause 3.
11. DATA PROTECTION
- Each of us understands that in the performance of our obligations under this Agreement, Admix may be exposed to the Customer Data, and you (the Customer) may be exposed to data belonging to or possessed by us or our Affiliates (“Admix Data”).
- Admix Data shall at all times remain our property, and Customer Data shall at all times remain your property.
- Neither of us shall disclose the data of the other to any third party (unless otherwise provided for in this Agreement). However, you acknowledge and agree that we may access or disclose Customer Data, including the content of communications:
- to protect the security or integrity of our services and products;
- to protect ourselves, our other customers, or the public from harm or illegal activities; or
- if we are required to do so by an order of court or in terms of any applicable law;
- to respond to an emergency which we believe in good faith requires us to disclose Customer Data so as to help prevent a death or serious bodily injury.
- We shall use the Customer Data, and you shall use the Admix Data, only for the purposes of and in compliance with the terms of this Agreement, and for no other purpose whatsoever.
- Neither of us shall have or claim any lien or other right against or to the other Party’s data. Neither of us shall divulge, sell, assign, lease, licence or otherwise dispose of the other Party’s data, or any part thereof, to any third party. Each of us shall take whatever steps are reasonably required to procure that our respective employees, agents, sub-contractors and their employees and agents, comply with the provisions of this clause.
- Each of us specifically records that all Customer Data and all Admix Data shall constitute Confidential Information and as such, each of us shall comply with the provisions of clause 11 with regard to such data.
- Admix gives no guarantee and makes no representation that, in the event of any deletion, loss or damage of or to Customer Data, such Customer Data will be recovered and/or restored. We will use reasonable commercial efforts to restore lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us, but we will have no liability to you if this cannot be achieved.
- You agree that, if so required in terms of the Protection of Personal Information Act 4 of 2013, you will enter into a separate operator agreement with us, regulating the processing of Personal Information.
- Each of us (“the Recipient”) shall keep all Confidential Information of the other (“the Discloser”), strictly confidential and shall not disclose the Confidential Information to any person, including any of the Recipient’s employees, agents, contractors or advisors (“Personnel”) unless those Personnel:
- are directly involved with the implementation of this Agreement; and
- need to know the Confidential Information to facilitate the implementation of this Agreement; and
- undertake to be bound by confidentiality provisions no less stringent than those contained in this Agreement.
- The Recipient shall use its best endeavours to prevent disclosure of the Confidential Information, except as may be required:
- for the purposes of this Agreement;
- in accordance with the requirements of any recognised stock exchange, or the order of a court of competent jurisdiction, or by law, in which case the Recipient shall notify the Discloser as soon as reasonably possible in writing of the nature and extent of the disclosure that Recipient is required to make.
- Each of us shall, within 30 (thirty) days after the termination of this Agreement, return or, at the discretion of the Discloser, destroy such Confidential Information of the Discloser as we may have in our possession, and neither of us shall retain copies, samples or excerpts thereof.
- The following information will, for the purpose of this Agreement, not be considered to be Confidential Information:
- information known to the Recipient before the date that it was received from the Discloser; or
- information known to the public or generally available to the public prior to the date that it was disclosed by the Discloser to the Recipient; or
- information which becomes known to the public or becomes generally available to the public subsequent to the date that it was disclosed by the Discloser to the Recipient, through no act or failure to act on the part of the Recipient; or
- information which the Discloser authorises the Recipient in writing to disclose; or
- information independently developed by one Party without reference to or reliance on any disclosure by the other Party.
- The onus for proving that any information falls within the scope of clause 11 shall be on the Party seeking to rely thereon.
- If either of us (“the Defaulting Party”):
- commits a material breach of any provision of this Agreement, (where such breach is capable of being remedied) and fails to rectify the breach within 14 (fourteen) days after receipt of written notice from the other Party (“the Aggrieved Party”) calling upon it to do so; or
- commits the same material breach more than once during any consecutive 6 (six) months; or
- commits a material breach of any provision of this Agreement which is not capable of being remedied; or
- is sequestrated, provisionally or finally wound-up, and/or commences business rescue proceedings,
then the Aggrieved Party shall, without prejudice to any other remedies available to it under this Agreement or at law, be entitled to demand the immediate performance of any of the Defaulting Party's obligations under this Agreement, whether or not any such obligation is then due, or to cancel this Agreement, as the case may be, which cancellation shall take effect on the giving of the notice of cancellation to the Defaulting Party.
14. Disclaimers and Limitation of Liability
- THE ADMIX FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT SPECIFICALLY STATED IN THIS AGREEMENT, OR AS REQUIRED BY APPLICABLE LAW, Admix DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING Admix, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS OF USE, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY WARRANTY WILL BE THE MINIMUM PERMITTED UNDER THAT LAW.
- Neither Party shall be liable to the other for any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), or any special, indirect or consequential loss or damage, whether or not such loss or damage was or should have been in the contemplation of the Parties at the commencement of this Agreement.
- In the event that a court of competent jurisdiction finds that Admix is liable to you (the Customer) for any direct damages, you agree that the total aggregate liability of Admix, its employees, officers, agents and/or sub-contractors, to you, whether under this Agreement or in law, shall be limited to a maximum amount equal to:
- the amount in Usage Fees actually paid by you to us during the 12 (twelve) months immediately preceding the date on which the cause of action arose; or
- R 100,000.00 (one hundred thousand Rand),
whichever is the lesser.
15. Force Majeure
- Neither of us shall be liable to the other for a failure to perform any of our obligations under this Agreement insofar as we can prove that:
- the failure was due to an impediment beyond our reasonable control;
- we could not reasonably be expected to have taken the impediment and its effects upon our ability to perform into account at the time of the conclusion of this Agreement; and
- we could not reasonably have avoided or overcome the impediment or at least its effects, namely, a “Force Majeure Event”.
- For the purposes of this clause “impediment” does not include lack of authorisations, of licences, of permits or of approvals necessary for the performance of this Agreement and to be issued by the appropriate public authority, but is understood to be what is commonly referred to as an Act of God.
- Relief from liability for non-performance by reason of a Force Majeure Event shall commence on the date upon which the Party seeking relief gives notice of the impediment relied upon to the other Party, and shall terminate upon the date upon which such Force Majeure Event ceases to exist; provided that if such Force Majeure Event continues for a period of more than 60 (sixty) consecutive days, either of us shall be entitled to terminate this Agreement on written notice to the other.
- Your rights and obligations under this Agreement are personal to you, and for that reason you may not cede, assign or delegate any rights and/or obligations which you may have in terms of this Agreement to any third party, without our prior written consent.
17. NOTICES AND DOMICILIUM
- For the purposes of the giving of notices and the serving of legal process in terms of this Agreement, each of us chooses our domicilium citandi et executandi (“Domicilium"). Either of us may at any time, by notice changing details on the system, change our Domicilium to any other address in the Republic of South Africa which is not a post office box or post restante.
- Any notice given in connection with this Agreement shall, except where a particular form of notice is stipulated, be:
- delivered by hand; or
- sent by electronic mail,
to the Domicilium chosen by the Party concerned.
- A notice given as set out above shall be deemed to have been duly given (unless the disputing Party proves the contrary):
- if delivered by hand, on the date of delivery; or
- if sent by electronic mail, on the first Business Day after the date of transmission.
- Any written notice actually received by a Party shall be valid, even if it may not have been given in accordance with the preceding provisions of this clause 15.
18. DISPUTE RESOLUTION
- Unless this Agreement specifically provides otherwise, any dispute arising out of or pursuant to this Agreement, its termination or cancellation shall first be referred for resolution by the chief executive officer (“CEO”) of Admix and the Customer (or, if the Customer is not a natural person, the CEO of the Customer).
- Where the CEOs cannot resolve the dispute within 14 (fourteen) days of it being referred to them, either one of us may request that the dispute be referred for final resolution by arbitration to be held in Pretoria, in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”), by an arbitrator or arbitrators agreed to between us.
- If we cannot reach agreement on the arbitrator/s within 3 (three) days of a request for arbitration, the dispute will be resolved by an arbitrator appointed by AFSA.
- Nothing in this clause 17 shall preclude either of us from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator, or from bringing any action or application seeking to enforce a liquidated claim.
The provisions in this clause are general points relating to our relationship with each other and the Agreement as a whole.
We are independent contractors to each other. Our rights and obligations in this Agreement will bind our successors in title. If any clause contains a benefit for a third party (like an Affiliate), the Affiliate will be entitled to that benefit as if it had signed this Agreement itself.
South African law applies, and if we have to go to court, it’ll be the North Gauteng High Court. Certain provisions of the Agreement (it will be obvious from their wording) will continue to apply, even after the Agreement as a whole terminates; the confidentiality provisions are a good example.
If you do something wrong, but we choose not to take action against you, that doesn’t mean we can’t take similar action against you in the future if the same thing happens again. In general, changes to, or a mutually agreed termination of, this Agreement must be in writing and signed by us both, otherwise they don’t count.
This document embodies the whole agreement between us – if it’s not written down in here, it doesn’t count. A court might find that a particular provision of this Agreement cannot be enforced – in that case, the rest of the Agreement will continue to stand, and we’ll try to negotiate an alternative to the problem clause.
Each of us will pay our own costs of negotiating and signing this Agreement. We don’t both have to sign the exact same hardcopy of this Agreement – if we each sign a copy and send it to the other (even electronically), that will be fine.
- This Agreement does not constitute either of us as an agent, an employee or a legal representative of the other for any purposes whatsoever. Neither of us shall be entitled to act on behalf of, or to represent the other, unless duly authorised thereto in writing. We agree that we shall at all times act as independent contractors to one another.
- Subject to clause 15, this Agreement will be for the benefit of each of our respective successors and assigns.
- To the extent that any provision contained in this Agreement is an agreement (stipulatio alteri) in favour of an Affiliate of either of us, they shall be capable of acceptance by such Affiliate at any time, and shall be deemed, until otherwise proven, to be accepted by that us on behalf of our Affiliates, which Affiliates may then enforce the relevant provisions of this Agreement as though they had concluded this Agreement in the first instance.
- This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. We both irrevocably agree, subject always to clause 17, that the North Gauteng High Court has exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
- The termination of this Agreement shall not affect those of its provisions as expressly provide that they will continue to apply after such termination, or which of necessity must continue to apply after such termination.
- No latitude, extension of time or other indulgence which may be given or allowed by either of us (“the Grantor”) to the other in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of either of the Grantor arising from this Agreement, and no single or partial exercise of any right by the Grantor under this Agreement, shall in any circumstances be construed to be an implied consent or election by the Grantor, nor operate as a waiver or a novation of or otherwise affect any of the Grantor’s rights in terms of or arising from this Agreement or estop or preclude the Grantor from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
- Save in terms of clauses 2 and 7, no addition to or variation of, consensual cancellation of or novation of this Agreement, and no waiver of any right arising from this Agreement shall be of any force or effect unless reduced to writing and signed or electronically accepted (as contemplated by sections 12 and 24 of the Electronic Communications and Transactions Act, No. 25 of 2002) by each of us or our duly authorised representatives.
- This Agreement constitutes the entire agreement between us as to its subject matter. No agreements, representations or warranties (excluding fraudulent representations) regarding the subject matter of this Agreement will be binding on us, except for those set out in the Agreement.
- Each provision of this Agreement is severable from the other provisions. If any provision is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, we each agree to consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of this Agreement. The remaining provisions of this Agreement shall nevertheless remain binding on us, and continue in full force and effect. Each of us will pay our own costs and expenses incurred in connection with the negotiation, entering into and completion of the Agreement.
- This Agreement may be executed in a number of counterparts and by each of us in different counterparts, but shall only be deemed to have been concluded when each of us has executed at least one counterpart. Each counterpart of this Agreement in fax or electronic form shall be evidence of the original signature and shall be as effective in law as the counterparts in original form showing the original signatures.
- Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
- Expressions defined in this Agreement shall bear the same meanings in schedules or annexures to this Agreement which do not themselves contain their own definitions.
- Words importing the singular shall include the plural and vice versa, words including any gender shall include the other genders and words importing persons shall include partnerships and bodies corporate.
- If any provision in clause 1 or this clause 18 is a substantive provision conferring rights or imposing obligations on any party, then notwithstanding that such provision is contained in such clauses, effect shall be given thereto as if such provision were a substantive provision in the body of the Agreement.
- Whenever a number of days is prescribed in this Agreement, such number shall be calculated excluding the first and including the last day, unless the last day is not a Business Day, in which event the last day shall be the next day which is a Business Day.
- Whenever performance is required to be made in this Agreement on any date and such date is not a Business Day, such performance shall be required to be made on the next date, which is a Business Day.
- The contra proferentem rule shall not apply and accordingly none of the provisions hereof shall be construed against or interpreted to the disadvantage of the Party responsible for the drafting or preparation of such provision.
- The eiusdem generis rule shall not apply and whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
- A reference to any statutory enactment shall be construed as a reference to that enactment as at the Commencement Date and as amended or re-enacted from time to time thereafter.
- Any communication which is required to be “in writing” shall include a communication which is written or produced by any substitute for writing, and shall include printing, typewriting, lithography, fax or electronic mail or any form of electronic communication or other process.
- To the extent that value-added tax may be applicable, the amounts stated in this Agreement shall be regarded as exclusive of value-added tax and/or any other similar tax, which may be applicable in the Territory, unless expressly stated otherwise.
21. 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.
22. Security Policy
- Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- The Merchant does not have access to credit details.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
24. Disclosure of outlet country at time of payment
- South Africa
- First National Bank
25. Credit Card
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.
I understand that all the designs and trademarks are registered to AdMix and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by AdMix for any civil action or any legal action deemed necessary against me.
How to contact us
If you have any questions about these Terms & Conditions or would like to learn more about us, please email us at firstname.lastname@example.org.