Date of last revision: 15 March 2018
These terms and conditions are the contract between you and CusComIT (Pty) Ltd (“us”, “we”, etc.). By visiting or using the CusComIT Website, or signing up for our Customs & Excise Services (herein after referred to as C&E Services) you agree to be bound by them.
We are CusComIT, a company registered in South Africa, number 2012/031616/07.
Our address is 25 Riverside Drive, Colchester, South Africa, 6001.
VAT Registration Number: N/A
You are: Anyone who uses or buys C&E Services from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave the CusComIT Website and stop using the site or the C&E Services immediately.
Means any natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier, according to the Electronic Communications and Transactions Act number 25 of 2002.
Means the textual, visual or aural content that is encountered as part of your experience on the CusComIT Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
Means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
Means all of the Customs & Excise Services available from the CusComIT Website, whether supplied on or off the site, and whether free or charged.
Means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
Means place on or into the CusComIT Website any Content or material of any sort by any means.
Means anyone who has being assigned access to and who Visits the restricted area of the CusComIT Website.
Means anyone who visits the CusComIT Website.
In this agreement unless the context otherwise requires:
2.1. A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3. In the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4. The headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.6. Any obligation of any person arising from this agreement may be performed by any other person.
2.7. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.8. Apply to all supplies of C&E Services by us. They prevail over any terms proposed by you.
2.9 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the C&E Services given in these terms and conditions on the CusComIT Website.
3.2. Subject to these terms and conditions, we agree to provide to you some or all of the C&E Services described on the CusComIT Website at the prices we charge.
3.3. You acknowledge that you understand exactly what is included in the C&E Services and you are satisfied that the C&E Services are suitable and satisfactory for your requirements;
3.4. So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5. Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on the CusComIT Website. Your continued use of our C&E Services after that shall be deemed acceptance by you of the changed Service, system and / or terms.
3.6. The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the C&E Services you want, or when you Visit the restricted area of the CusComIT Website as a User for the first time. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to you.
3.7. We may change this agreement and / or the way we provide the C&E Services, at any time. If we do:
3.7.1. The change will take effect when we Post it on the CusComIT Website.
3.7.2. We will give you notice of the change. If you do not accept the change, we will refund the money you have paid from the date of the change of the Service to date. You agree to notify CusComIT of your non-acceptance of any change within a reasonable time period.
3.7.3. If you make any payment for C&E Services in the future, you will do so under the terms Posted on the CusComIT Website at that time.
4.1. When you visit the CusComIT Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3. You agree to notify us of any changes in your information immediately if it occurs. If you do not do so, we may terminate your account.
This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002 (“the Act”) , then the following terms apply to the contract.
5.1. For all purposes at law, the contract between us is not made until you have agreed to these terms, whether via the CusComIT Website or in hard copy, and we have agreed in writing to provide the C&E Services you want or alternatively when you Visit the restricted area of the CusComIT Website as a User for the first time.
5.2. Whether or not you have paid any money to us at that time is neither relevant to the start of the contract or your right to cancel.
5.3. The contract is not made automatically at the point when you have agreed to these contract terms. That is merely your offer. The contract is made later, when we accept and agree to provide the Service you want.
5.4. Most customers want us to supply a Service before the expiry of the 7 days cancellation period. Our business system therefore operates on the basis that we supply C&E Services as soon as we can, without waiting for the 7 days cancellation period to expire.
5.5. Before we agree to supply C&E Services, we therefore ask that you give up your right to cancel, as the law allow. If you do not agree, we shall not be able to supply you with C&E Services within 7 days of receiving your request.
5.6. So far as our C&E Services are continuing, you may cancel it at any time before we have completely provided it. If you do, we will return to you any money paid after deduction of an appropriate amount to cover any part of the Service we have supplied, including work we may not by then have told you about.
5.7. The Act does not remove other statutory rights you may have.
5.8. In the event of cancellation of C&E Services by you in compliance with these terms, we will refund any money due to you within 30 days.
6.1. The prices payable for C&E Services are clearly set out on the CusComIT Website.
6.2. The price charged for any C&E Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
6.3. Prices quoted exclude any applicable value added tax. VAT will be added when billed.
7.1. At least four weeks before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that your licence to use the C&E Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
7.2. At any time before expiry of your subscription, you may access the restricted area of the CusComIT Website and change your requirements for paid C&E Services which may have the effect of increasing, decreasing or terminating payment renewals. You may thereafter still have access to the Free C&E Services which are available on the CusComIT Website.
7.3. At any time before expiry of your subscription, you may cancel renewal for the paid And Free C&E Services completely by sending an email to the CusComIT Administrator with a request to terminate all C&E Services, and for all your company and / or third party User access to be terminated.
7.4. At expiry of your paid CusComIT subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your CusComIT subscription for a further period by sending you an email message.
8.2. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8.3. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
8.4. As a Trader, Importer or Exporter, you understand that User access permissions may be granted by you or your company to third party Users such as Customs Consultants and / or Customs Clearing Agents. In doing so, you grant third party Users with permission to post and / or manage content on your behalf. User read and / or write access permissions on the CusComIT Website must be managed by you responsibly;
8.5. As a Customs Consultant or Customs Clearing Agent for example, you understand that User access permissions granted to you by a Trader, Importer or Exporter whether directly or indirectly, enables you to post or manage content that is not your own. Such content must be managed responsibly. Any read and / or write access permissions managed by you on the CusComIT Website must be managed responsibly.
8.6. You agree to notify us of any security breach or unauthorised use of your account.
We invite you to Post Content to the CusComIT Website in several ways and for different purposes. We have to regulate your use of the CusComIT Website to protect our business and our staff, to protect other users of the CusComIT Website and to comply with the law. These provisions apply to all users of the CusComIT Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use the CusComIT Website to Post Content or undertake any activity which is or may:
9.1. be unlawful, or tend to incite another person to commit a crime
9.2. consist in commercial audio, video or music files;
9.3. be obscene, offensive, threatening, violent, malicious or defamatory;
9.5. be sexually explicit or pornographic;
9.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
9.6. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
9.7. be used to sell any goods or C&E Services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9.8. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
9.9. facilitate the provision of unauthorised copies of another person's copyright work;
9.10. link to any of the material specified in this paragraph;
9.11. Post excessive or repeated off-topic messages to any forum or group;
9.12. sending age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
10.1. hyperlinks, other than those specifically authorized by us;
10.2. keywords or words repeated, which are irrelevant to the Content Posted.
10.3. the name, logo or trademark of any organisation other than that of you or your client.
10.4. inaccurate, false, or misleading information;
11.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on the CusComIT Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1. your claim or complaint must be submitted to us in the form available on the CusComIT Website, or contain the same information as that requested in our form. It must be sent to us by email.
11.3.2. we shall remove the offending Content as soon as we are reasonably able;
11.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4. we may re-instate the Content about which you have complained or not.
11.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
If you violate the CusComIT Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
12.1. modify, copy, or cause damage or unintended effect to any portion of the CusComIT Website, or any software used within it.
12.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
12.3. download any part of the CusComIT Website, without our express written consent;
12.4. collect or use any product listings, descriptions, or prices;
12.5. collect or use any information obtained from or about the CusComIT Website or the Content except as intended by this agreement;
12.6. aggregate, copy or duplicate in any manner any of the Content or information available from the CusComIT Website, other than as permitted by this agreement or as is reasonably necessary for your use of the C&E Services;
12.7. share with a third party any login credentials to the CusComIT Website;
12.8. Despite the above terms, we now grant a licence to you to:
12.8.1. create a hyperlink to the CusComIT Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.8.2. you may copy the text of any page for your personal use in connection with the purpose of the CusComIT Website or a C&E Service we provide.
13.1. You must not upload to, or store on our servers any material or Content which you are not permitted by this agreement to Post to the CusComIT Website.
13.2. You may not share, let or sub-license space on the servers.
13.3. You may not upload to any shared server, any of the following pages, namely those:
13.3.1 pages with banners, graphics or CGI scripts running from their domain being used on other domains. (e.g., hot-linking, image-sucking, load-spreading);
13.3.2 pages with very large graphic archives or galleries;
13.3.3 pages offering download archives or large media distribution (5GB), such as .zip, .tar, .sit, .ra, .avi, .mov, .asf and .GZ;
13.3.4 pages running large or busy chat rooms;
13.3.5 pages using more than 8 % of system resources.
13.4. You may not send more than 100 email messages per hour.
This agreement may be terminated:
14.1. upon either of us giving the other 30 days’ notice by e-mail to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our addresses are on the CusComIT Website or in accordance with your application for our C&E Services. If your cancellation is to be effective, you must give us full information to enable us to identify:
14.1.1 who you are and;
14.1.2 that you have proper authority to cancel and;
14.1.3 the C&E Services you wish to cancel.
14.2. when we terminate it, without notice, on account of your failure to comply with these terms.
14.3. immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
14.4. Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
14.5. Termination by either party shall have the following effects:
14.5.1 your right to use the C&E Services immediately ceases;
14.5.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
14.6. In the event of such termination by us, we will within 30 days refund to you the balance of your cost outstanding for any C&E Services, pro rata with time not elapsed;
14.7. There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15.1. If it is necessary for us to interrupt the C&E Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
15.2. You acknowledge that the C&E Services may also be interrupted for many reasons beyond our control.
15.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the C&E Services.
You agree that at all times you will:
16.1. not to cause or permit anything which may damage or endanger our title to the Intellectual Property.
16.2. notify us of any suspected infringement of the Intellectual Property;
16.3. indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
16.4. on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
16.5. not use any name or mark similar to or capable of being confused with any name or mark of ours;
16.6. so far as concerns software provided or made accessible by us to you, you will not:
16.6.1. copy, or make any change to any part of its code;
16.6.2. use it in any way not anticipated by this agreement;
16.6.3. give access to it to any other person than you, the licensee in this agreement;
16.6.4. in any way provide any information about it to any other person or generally.
16.7. not use the Intellectual Property except directly in our interest.
17.1. You agree that bandwidth and storage requirement shall not exceed the amount ordered by you.
17.2. If your bandwidth and storage requirement exceeds the contractually ordered amount we may in our discretion:
17.2.1. charge the price currently charged by us for the additional usage you have used, such charges to be paid within 30 days of the invoice date or
17.2.2. if in our opinion your usage puts at risk the continued C&E Services provision to other customers, we may limit the C&E Services we provide to what we have agreed in our contract with you. We may not be able to give you notice of this.
17.3. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
17.4. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
17.5. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
17.6. We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
18.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
18.2. All implied conditions, warranties and terms are excluded from this agreement.
18.3. The CusComIT Website and our C&E Services are provided “as is”. We make no warranty that the C&E Services will be:
18.3.1. useful to you;
18.3.2. of satisfactory quality;
18.3.3. fit for a particular purpose;
18.3.4. available or accessible, without interruption, or without error;
18.4. The CusComIT Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
18.5. We disclaim any obligation or liability to you arising directly or indirectly from information you take from the CusComIT Website.
18.6. We accept no responsibility for:
18.6.1. malfunction in any hardware provided by you;
18.6.2. malfunction in any software provided by you;
18.6.3. malfunction in any software