1. DEFINITIONS

• 1.1 ‘SMSEdge’ refers to the web site www.smsedge.co.za owned by SpyderNET cc
  1.1 ‘Provider’ refers to SMSEdge.
  1.2 ‘User’ refers to the legal person using the SMSedge web site.
  1.3 ‘Message’ refers to a SMS text message (maximum 160 characters), ring tone or image (or any combination), either 7  or 8 bit
  1.4 The parties refer to SMSEdge and the user.
  1.5 ‘Account’ means the user’s subscription for the Service including the user's personal information and Password by which the user receives the Services.
  1.6 'Pricing Structure' means the schedule that identifies the charges applicable for the Service or any part of the Service, as amended from time to time.
  1.7 'Password' means a password that will be provided by the Provider to the user after the user has accepted these Terms and Conditions.
  1.8 'Service' means the services outlined in clause 2.

2. THE SERVICE

• 2.1 The service offered by the provider to the user under these Terms and Conditions are provided by the provider’s SMS Gateway.
  2.2 The service will, amongst other things, enable the user to send messages and receive various content related messages via the SMS Gateway.

3. USE

• 3.1 Use of this web site is undertaken solely at the risk of the user.
   

4. CONTACT INFORMATION

• SMSEdge may be contacted in any of the following ways:
• E-mail : info@smsedge.co.za   Telephone : 0867 28 8000   Fax : +27 31 2627 403
• Postal Address:  P.O Box 119 Umgeni Park. 4098, Durban, KZN, South Africa

5. COPYRIGHT

• 5.1    Copyright 2005 © SMSEdge, e-mail info@smsedge.co.za
  5.2    Users may download, view and print content from this site for private and non-commercial purposes only.
  5.3    All moral rights of SMSEdge and its employees/agents are reserved.
  5.4    SMSEdge cannot screen or edit all the content available from the www.smsedge.co.za site and does not accept any liability for  i illegal, defamatory or obscene content. Users are encouraged to inform SMSEdge of any content that may be offensive or illegal.

6. INTELLECTUAL PROPERTY RIGHTS

• 6.1    All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to SMSEdge and as such are protected from infringement by local and international legislation and treaties.

7. ELECTRONIC COMMUNICATIONS

• 7.1    When a user visits www.smsedge.co.za or sends e-mails to SMSEdge, that user consents to receiving communications from SMSEdge electronically and agrees that all agreements, notices, disclosures and other communications sent by Spydernet satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

8. FRAMING

• 8.1    No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.

9. SPIDERS AND CRAWLERS

• 9.1    No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of SMSEdge. Such permission could be obtained from the person referred to in clause 5 hereof.

10. RIGHTS AND OBLIGATIONS

• 10.1 Notwithstanding any other rights or obligations that the provider may have in terms of this agreement, the provider may outsource any part its obligations provided that it should not be absolved from such obligations.
  10.2 Whilst every effort will be taken to ensure that the SMS messages are sent on time, the provider cannot be held responsible for and not limited to the network provider not being able to send SMS messages on time.
  10.2 Once a message has been sent (message will have a sent status) to the cellular network provider, The provider has no control over the message and cannot be held responsible for the message once handed over to the network provider
  10.3 While every effort will be made to ensure that the provider’s systems will be available 24 hours a day, 7 days a week, 365 days a year, there may be times where systems will be shut down in order to perform maintenance.
  10.4 The connection to the Internet and to the Cellular Network(s) is out of the control of the provider, and should there be a disruption in these services the provider cannot be held responsible.
  10.5 The provider can in no manner whatsoever be held responsible or accountable for any loss suffered by the user resulting in the use of the providers system including but not limited to the systems not being available from time to time.

11. DISCLAIMER

• 11.1    Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither SMSEdge nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, SMSEdge makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 5.
  11.2    This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with SMSEdge that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
  11.3    Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of SMSEdge and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
  11.4     Neither SMSEdge nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or service sold on this web site.
   

12. COSTS

• 12.1    PRICES:
  12.1.1    The price of each sms unit is displayed on the site. In the event of a sale or special offer, the discounted price is displayed.
• 12.2 VALUE ADDED TAX:
  12.2.1    All prices quoted are inclusive of any taxes. We do not supply vat invoices.
  12.2.2    VAT is not payable on international orders.
• 12.3 Bank Changes:
  12.3.1    Should SMSEdge incur banking charges of any nature whatsoever resulting from the user paying for services offered on www.smsedge.co.za, the costs will be for the user and will be deducted from any monies paid.
   

13. PAYMENT METHODS

• 13.1    Credit card payments.
  13.1.1    At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
  13.1.2    Payment is only collected when the order is completed and the user account is credited.                                   13.1.3    Note that to protect it's own and the interests of customers, SMSEdge scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if SMSEdge is not satisfied with it's legitimacy.
• 13.2    Bank deposit payments.
  13.2.1    If the buyer selects the 'pay via bank deposit' option, instructions will be given on how to deposit monies into the Spydernet cc bank account and would it be subject to the following rules:
  13.2.1.1    The exact amount must be paid
  13.2.1.2    The payment must be identified by supplying the username and organization code combination in the following format username in the reference section of the deposit slip or on the electronic transfer.
  13.2.1.3    No transfers must be made from ATM's
  13.2.1.4    Cheque deposits are subject to a clearing period.
  13.2.1.5    Bank deposits are accepted from outside the borders of South Africa. All bank changes will be for the depositor
  13.2.1.6    Unpaid bank deposit orders are cancelled after five business days.                                                            13.2.1.7  User accounts will only be credited once the monies have reflected in our bank account.

14. CODE OF CONDUCT

• 14.1 The provider is not responsible for the content of the messages sent by the users of the web site, however we perform regular content checks.
  14.2 The user is responsible for the content of the messages sent. The user may not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. The user agrees that the provider will not be liable or responsible for the content and nature of the Messages.
  14.3 Any complaints the provider receives regarding spam, unsolicited, offensive or defamatory messages will be passed on to the user and the provider reserves the right to suspend the user’s account.                                                                                                                                                                        14.2 The provider will reserves the right not release any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party
   

15. GOVERNING LAW

• 15.1    This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.

16. PRIVACY

• 16.1    Spydernet cc shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
• 16.2      SMSEdge may electronically collect, store and use the following personal information of Users:
  16.2.1    name and surname;
  16.2.2    birth date;
  16.2.3    gender;
  16.2.4    country of residence;
  16.2.5    closest city;
  16.2.6    non-personal browsing habits and click patterns;
  16.2.7    e-mail address; and
  16.2.8    IP address.
• 16.3    SMSEdge collects, stores and uses the abovementioned information for the following purposes:
  16.3.1    to greet the User when he/she accesses the setech web site;
  16.3.2    subject to the User's consent, inform the User of facts relating to his/her access and use of the
  setech website;
  16.3.3    subject to the User's consent, inform the User about competitions and special offers from setech and/or its partners / affiliates;
  16.3.4    to compile non-personal statistical information about browsing habits, click-patterns and access to the setech web site.
• 16.4    Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.                                                                                                                                                                                                     16.5    The User may elect not to receive any communications from setech web site and/or its partners / affiliates.                                                                                                                                                                         16.6       SMSEdge may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
  16.6.1    SMSEdge shall not disclose personal information from Users unless the User consents thereto;
  16.6.2    SMSEdge shall disclose information without the User's consent only through due legal process; and
  16.6.3    SMSEdge may compile, use and share any information that does not relate to any specific individual.
• 16.7    SMSEdge owns and retains all rights to non-personal statistical information collected and compiled by the setech web site.
• 17. SECURITY
• 17.1    Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that SMSEdge suffers any damage or loss.
  17.2    The user agrees and warrants that its log-in name and password shall:
  17.2.1    be used for personal use only; and
  17.2.2    not be disclosed to any third party.
  17.3    The user allows SMSEdge to take all reasonable steps to ensure the integrity and security of the setech web site and back-office applications.
  17.4    All credit card transactions are protected by Secure Socket Layer encrypted.
• 18. CHANGES TO AGREEMENT
• 18.1    SMSEdge may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. DISPUTES

• 19.1    In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of SMSEdge, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg South Africa in English.

20. SUSPENSION

• 20.1 The provider may at any time, without notice to the user and in any manner whatsoever suspend the performance of any of its obligations in terms of this agreement in the event that;
  20.1.1 any modifications, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the providers service enabling systems, including but not limited to its information systems and communication systems.
  20.1.3 the user fails to perform any obligations or breaches any term of this agreement.

21. TERM AND TERMINATION

• 21.1    This agreement shall commence when the user registers on the setech site and continues indefinitely until terminated by SMSEdge in terms of clause 22 hereto or for any other reason.                                                                                            21.2    No refunds will be given for unused credits.

22. ENFORCEABILITY OF THIS AGREEMENT

•  22.1 In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.                                                                                                                                                                                            22.2 These Terms and Conditions contain a record of the entire agreement between the user and the SMSEdge.                  22.3 Please note that failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of the provision or the right to enforce it.