Terms of Service
weloveIT services and support (Pty) Ltd provides the following terms of service. This document outlines the terms and conditions of weloveIT services and support (Pty) Ltd’s services and the obligation of you (the Client) and weloveIT services and support (Pty) Ltd . Please review this document carefully before requesting weloveIT services and support (Pty) Ltd’s services. In addition to this document, please see our Billing and Payment Terms and Follow-up Policy.
weloveIT services and support (Pty) Ltd provides its computer consulting services (Service) to you, subject to the following Terms of Service (“TOS”). The TOS may be updated at any time without notice to you. You understand and agree that the Service is provided “AS-IS” and that weloveIT services and support (Pty) Ltd assumes no responsibility for the errors, omissions, or other problems related to the Service. You agree that weloveIT services and support (Pty) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through weloveIT services and support (Pty) Ltd’s website or services.
Duties of Client
Client must supply to weloveIT services and support (Pty) Ltd at the time of entering this Agreement information required to access and complete the services in this Agreement. This includes but is not limited to, Internet Protocol (IP) address of server, completion of authorization statement, password and other information required to complete services. Client shall inform weloveIT services and support (Pty) Ltd of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with services to be performed by weloveIT services and support (Pty) Ltd .
Refusal of Service
weloveIT services and support (Pty) Ltd reserves the right to refuse service for any reason. At any time, weloveIT services and support (Pty) Ltd reserves the right to restrict access to any company-owned resources, including email systems, help desk, web site or other property.
weloveIT services and support (Pty) Ltd will not use or disclose to others without Client’s written consent Client’s confidential information, except when reasonably necessary to perform the services under this Agreement. “Confidential information” includes, but is not limited to:
- The written, printed, graphic or electronically recorded materials furnished by Client for use by weloveIT services and support (Pty) Ltd
- Client’s business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind
- Any written or tangible information stamped “confidential,” “proprietary” or with a similar legend, and
- Any written or tangible information not marked with a confidentiality legend, or information disclosed orally to weloveIT services and support (Pty) Ltd , that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked “confidential” and delivered to weloveIT services and support (Pty) Ltd within 30 days after the disclosure.
weloveIT services and support (Pty) Ltd shall not be restricted in the use of any material which is publicly available, already in weloveIT services and support (Pty) Ltd’s possession or known to weloveIT services and support (Pty) Ltd without restriction, or which is rightfully obtained by weloveIT services and support (Pty) Ltd from sources other than Client.
weloveIT services and support (Pty) Ltd’s obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom weloveIT services and support (Pty) Ltd may have gained knowledge as a result of weloveIT services and support (Pty) Ltd’s services to Client.
weloveIT services and support (Pty) Ltd will not disclose to Client information or material that is a trade secret of any third party.
The provisions of this clause shall survive any termination of this Agreement.
Feedback and Marketing Information
weloveIT services and support (Pty) Ltd may contact you with regards to our products and services, company news or other items relating ot your services. We try to limit such communications to within 90 days of your service date. weloveIT services and support (Pty) Ltd may contract third parties to solicit feedback or information on our behalf. Your information will not be sold to these parties and they cannot contact you without our permission. By using our services, you agree to receive these emails, telephone or mail notifications.
YOU UNDERSTAND AND AGREE THAT weloveIT services and support (Pty) Ltd SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF weloveIT services and support (Pty) Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Copyright, Trademarks Servicemarks
weloveIT services and support (Pty) Ltd , the weloveIT services and support (Pty) Ltd logo, other weloveIT services and support (Pty) Ltd logos and product and service names are trademarks/service marks of weloveIT services and support (Pty) Ltd . weloveIT services and support (Pty) Ltd does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. weloveIT services and support (Pty) Ltd reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
weloveIT services and support (Pty) Ltd reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that weloveIT services and support (Pty) Ltd shall retain any and all rights weloveIT services and support (Pty) Ltd may have in the work product. Work product includes all postings in our help desk system. All content of the help desk, including client postings, are the work product of weloveIT services and support (Pty) Ltd .
The use of the weloveIT services and support (Pty) Ltd name, logo, or other identifying features is prohibited. If you wish to use the weloveIT services and support (Pty) Ltd name or logo, please contact weloveIT services and support (Pty) Ltd for permission.
THE SERVICE PROVIDED BY weloveIT services and support (Pty) Ltd IS ON AN “AS IS” BASIS, AND weloveIT services and support (Pty) Ltd EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL weloveIT services and support (Pty) Ltd BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
Scope of Agreement
The TOS constitute the entire agreement between you and weloveIT services and support (Pty) Ltd and governs your use of the Service, superseding any prior agreements between you and weloveIT services and support (Pty) Ltd . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and weloveIT services and support (Pty) Ltd shall be governed by the laws of South Africa without regard to its conflict of law provisions. The failure of weloveIT services and support (Pty) Ltd to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
By requesting the services of weloveIT services and support (Pty) Ltd, you agree to abide by the billing policies outlined below. If you have questions about these policies, please contact billing (at) accounts@weloveIT.co.za.
Current Labour Rates
- Remote Support R380.00 exVAT per hour
- Onsite-Support R495.00 exVAT per hour
- Emergency Support 1.5 x Onsite-Support ot Remote Support Labour Rate
- Server Support R544.50 exVAT per hour
- Offsite Backup Rotaion R313.50 exVAT per hour
- Backup Health Check R418.00 exVAT per hour
We prefer payment by EFT with the invoice number as the reference. We currently accept Visa or MasterCard derivatives of those brands. We are also equipped via Netcash (Pty) Ltd to accept payment via Debit order, please note this is subject to a credit check. We do not accept cash without prior authorization from weloveIT services and support (Pty) Ltd. All accounts with less than R25,000.00 in annual expenditures must pay by EFT or debit order. All monthly subscription services less than R1000.00/month must by debit order. If you need to make alternative arrangements, please notify weloveIT services and support (Pty) Ltd prior to ordering services. Credit card statements will show the charge as weloveIT services and support (Pty) Ltd.
Payment by Cheque or Cash must be pre-approved. Only established clients may use a paper check as a form of payment. Your Cheque or Cash must be received within 7 days of invoicing to avoid late payment charges. If your check is returned for insufficient funds, closed account, or any other reason, you will be charged a R150.00 processing fee per failed transaction. weloveIT services and support (Pty) Ltd reserves the right to refuse acceptance of checks from any client. All cash deposits are subject to a 5% banking fee.
weloveIT services and support (Pty) Ltd uses an electronic invoicing system. You will receive your invoice either by email as a PDF attachment, by email as a text message, or by email with a link to our online billing system. Typically, invoices are sent within two business days after your work is completed. weloveIT problem solved (Pty) Ltd assumes you have received the invoice unless you indicate otherwise.
You should notify weloveIT services and support (Pty) Ltd immediately if you fail to receive an invoice and have been informed that services are complete. Our billing systems use email tracking to confirm that an invoice has been delivered. We are notified upon successful delivery and viewing of the invoice. Upon request, weloveIT services and support (Pty) Ltd will mail or fax you a copy of an invoice. Your payment terms will be noted on the invoice.
INVOICES ARE DUE IN FULL UPON RECEIPT
Generally, invoices are sent by email upon completion of our services. Unless other terms have been pre-approved, your invoice is due in full upon receipt. Failure to pay outstanding invoices may result in late payment penalties, collection action and/or suspension of services. weloveIT services and support (Pty) Ltd provides a fourteen (14) day grace period for all invoices. Invoices must be paid on by the fourteenth day after the date of the invoice to avoid possible late charges. For case-based support, we require that a credit card be placed on file before the work begins. Should your invoice become more than fourteen (14) days past due, we will automatically charge the card on file.
weloveIT services and support (Pty) Ltd reserves the right to request pre-payment or retainer fees for any services. For work request exceeding R5000.00, we may require signed work order agreement. For work request exceeding R10000.00, weloveIT services and support (Pty) Ltd may require a retainer fee of 30-100% depending upon your past billing history and/or credit history. If past billing or credit history does not meet our approval criteria, we reserve the right to require that all services be paid for in advance or may refuse services. For ongoing case-based support, we will charge your card on file when you reach 5 or 10 hours of service.
Prepayment (New Clients)
weloveIT services and support (Pty) Ltd reserves the right to request prepayment from any client for any reason. Typically, weloveIT services and support (Pty) Ltd will simply invoice you upon completion of our services; however, if you are a new client, we may require prepayment. Generally, prepayment by new clients is required if services requested are expected to exceed a total of R500.00 or include emergency support, security incident investigations or disaster recovery services.
Other Payment Options
Under special circumstances longer terms, payment plans and other payment arrangements can be provided upon request. All such agreements will be established in writing and may incur additional interest, processing or other fees as established in the plan. Acceptance of an alternate payment method or plan is solely the discretion of weloveIT services and support (Pty) Ltd.
Extended Payment Terms
Preferred clients can arrange Net 30 and Net 45 day terms upon request. To qualify, you must have been in business for a minimum of three years, have completed three prior transactions with weloveIT services and support (Pty) Ltd with no delinquency, have used weloveIT services and support (Pty) Ltd for more than three months, and have estimated annual expenditures exceeding R15000.00. weloveIT services and support (Pty) Ltd reserves the right to reject a request for Net 30 and Net 45 day terms for any reason. If weloveIT services and support (Pty) Ltd approves you for extended payment terms, such changes will be noted on each invoice. Extended payment terms can be revoke at our discretion at any time. Failure to remit invoices on time may result in suspension of your extended payment terms and services.
weloveIT services and support (Pty) Ltd offers a number of recurring services that are automatically billed each month. These include items such as Service level support, monthly backup monitoring, monthly system administration, server monitoring, server and equipment rental, Internet Services, Email Services and other agreements.
Clients who enroll in recurring services will be automatically charged upon the renewal date of their account. Account renewals periods will be established at the time of subscription and may be monthly, quarterly or annually. The charge will appear on your Invoice and identified as weloveIT services and support (Pty) Ltd. Generally, but not always, recurring services are billed on the 1st and 25th of each month. If you need a receipt, you may request one sending an email to accounts@weloveIT.co.za.
To cancel service, you must contact weloveIT services and support (Pty) Ltd thirty (90) business days in advance of your next billing date. You will need to provide the name of the service to cancel, the name of the Account holder, and the verification ID we have on file. We will not cancel services if you do not have this information or you have signed a long term contract (Cancellation fee’s may apply). Refunds will not be granted if you do not notify weloveIT services and support (Pty) Ltd within thirty (90) business days of your billing date.
If your credit card or Debit Oder is declined or has expired, you will receive an email notice stating so. Your account will be placed on a service hold until you contact us regarding the payment. If your payment is not made within fourteen (14) days after your billing date, your account will be suspended. If your account is suspended due to non-payment, there may be a minimum re-instatement fee of R500.00. If you are paying by credit card or Debit Order please ensure we have updated information.
weloveIT services and support (Pty) Ltd offers a number of adhoc, fixed priced services, recurring services, and hourly support options. We also provide support by email, telephone and remote or online chat. Please review the information for additional details on our pricing guidelines.
weloveIT services and support (Pty) Ltd provides fixed prices for a variety of services. These prices will be honoured provided that the client, knowingly or unknowingly, does not misrepresent or omit details about the server, software or other issues relating to the service to be performed. If weloveIT services and support (Pty) Ltd discovers that a server is not as described, we reserve the right to not honour the fixed fee and provide alternative pricing arrangement. Please fully describe all server modifications, updates, errors or other information that may impact our ability to complete the requested services. Common issues included non-standard third party software on your system, upgrading components independently of the vendor’s authorized updates, server security handling, interface customization and other updates/modifications that alter a base system. Please advise weloveIT services and support (Pty) Ltd to these changes prior to ordering service. In many occasions such modifications will not impact our fixed-price services, but you should notify us in advance to make sure that your server meets our fixed-price service guidelines. Please note: Additional terms and conditions associated with a fixed-price contract will be stated in your Service Level Agreement.
Many of our services are performed based on the stated hourly rate. Support will be billed in hourly (1 Hour) increments at the prevailing rate for the specified level of support. Unless otherwise noted, all custom support requests have a one (1) hour minimum fee regardless of actual time worked. For most tasks, we will provide an estimate and ask that you pre-authorize a specific amount of time at the stated rate. Once service has started all communications via online chat, telephone, and email may be considered hourly support and will be billed accordingly.
weloveIT services and support (Pty) Ltd defines emergency support as any work that must be addressed immediately or that is outside our normal business hours or on weekends or holidays. Emergency support rates may be double our regular hourly support rate. weloveIT services and support (Pty) Ltd will inform you if emergency rates apply prior to initiating services. Emergency support hours are currently 5PM-8AM Monday to Friday. Saturdays and Sundays are considered Emergency Support Hours. Monthly clients receive a discount on emergency support that is not part of their package.
Online Chat Support
We may need to chat with you online about your service request. Generally, any online chat sessions relating to a support request will be treated as billable time and billed as hourly support. These sessions do not include general pre-sale inquiries, questions relating to billed amounts, or as part of our follow-up policy. Case-based support clients will need to schedule all chat and phone support. If you miss your assigned appointment, there is a 15 minute minimum charge at our normal hourly rate.
We may need to speak with you about your service request. Generally, any telephone calls relating to a support request will be treated as billable time and billed as hourly support. Clients should assume that any telephone call related specifically to support issues, server deployment, capacity planning or other items is considered billable hours. Required third party consultations on behalf of the client will be billed as hourly support. Telephone consultations regarding pre-sale inquiries or billing issues are provided at no charge. Case-based support clients will need to schedule a telephone consultation. If the appointment is missed, there is a minimum 15 minute charge at the prevailing support rate.
We may need to initiate remote support. Generally, any remote support relating to a support request will be treated as billable time and billed as hourly support. Clients should assume that any remote support related specifically to support issues, server deployment, capacity planning or other items is considered billable hours. Required third party consultations on behalf of the client will be billed as hourly support. Remote support consultations regarding pre-sale inquiries or billing issues are provided at no charge. Case-based support clients will need to schedule a Remote support consultation. If the appointment is missed, there is a minimum 15 minute charge at the prevailing support rate.
We may need to exchange emails several times about your service request. Email support is difficult to manage and some jobs may require dozens of emails to resolve. In terms of billable support, we generally include a limited amount of email support built into the hourly support rates. Please limit emails to the current support request and use appropriate channels to request new support, follow-up on prior service, or obtain billing information. Technical questions or request submitted by email that requires research by our staff will be billed at our hourly rate.
Written Documentation and Meetings
For routine system administration, the technician will provide a brief summary of work performed. We do not provide line by line logs, how-to’s or similar documentation with case-based support work. A summary of the work will be provided such that a qualified Microsoft, Linux or Mac System administrator can review the work. Should you require specialized or custom documentation as part of your project, please specify this at the time of your order. Written documentation is billed at our normal hourly rate.
Often we are required to come out and consult or for meetings, the technician will provide a brief summary of the meeting. Should you require specialized or custom documentation as part of your consulatation, please specify this at the time of your meeting. Meetings are billed at our normal hourly rate.
For hourly support, weloveIT services and support (Pty) Ltd will provide you with an estimate by email. Estimates are non-binding and will generally include a range of time. While we try to honor our estimated fees, there are several conditions under which charges may exceed the estimated amount. Unforeseen, unknown or new issues may arise that require additional time. Also note that the estimates are based upon the information provided by you at the time of the estimate. If critical information is misrepresented or omitted, then services may require longer than estimated. For common issues, we derive estimates from completed service requests, thus providing a good level of accuracy. For estimates exceeding R5000.00, a written proposal can be provided.
If for some reason, we suspect that costs may exceed the initial estimate by the lesser of one half hour service fee or 10% of the initial estimate, then we will notify you as soon as possible to discuss the pricing. Typically, we can identify whether or not our initial estimate is correct within a few minutes of working on your system.
In our experience, our estimates are within 10% of stated amounts more than 94% of the time. Exceptions have included primarily instances where secondary problems were discovered or the initial problem was not properly represented.
weloveIT services and support (Pty) Ltd reserves the right to refuse refunds for any reason. Generally, refunds are granted only for billing errors. SSL certificate purchases, software license purchases, hardware purchase and any fees associated with setting up a service are non-refundable.
If you discover an error on your invoice, please notify weloveIT services and support (Pty) Ltd as soon as possible. For billing errors, please submit your refund request to weloveIT services and support (Pty) Ltd within 7 days from the date of the invoice. If more than 7 days have elapsed, weloveIT services and support (Pty) Ltd may issue only a partial refund or decline the refund request. Please allow 15-30 working days to process your refund request. Please submit all billing enquiries via email to accounts@weloveIT.co.za
Refunds for reasons other than billing errors typically are not granted unless there are clear omissions on the part of our service technicians. If you feel an error or problem with your server is due to errors made by weloveIT services and support (Pty) Ltd, please notify us immediately on accounts@weloveIT.co.za. We will review your system to determine what actions may have caused the error. Note that updating and upgrading software may introduce new errors caused by older scripts, software or other systems not directly modified by weloveIT services and support (Pty) Ltd. The latter is not the fault of weloveIT services and support (Pty) Ltd but the applications vendor and is not the basis for a refund. Example errors include installation of a version of a program other than requested, failure to install a requested program component, and other clear omissions on the part of the technician.
To request a refund due to errors or omissions, please do so within fifteen days (15) of your invoice date. Refunds requested after 15 days will not be granted. Many companies have an issue with clients requesting refunds directly from their credit card companies. Before requesting such a refund, please contact weloveIT services and support (Pty) Ltd about your issue. We will make every effort to resolve the issue in a fair matter.
weloveIT services and support (Pty) Ltd may request a credit history for you and/or your company. Such information will only be used by weloveIT services and support (Pty) Ltd and not disclosed to third parties unless require by law. Poor credit history may result in cancellation of services or strict payment terms.
The terms of your account are noted on your invoice. You must pay the amount in full by the due date. If you cannot make payment by the due date, please notify weloveIT services and support (Pty) Ltd as soon as possible. Once an account is more than fourteen (14) days past due it is considered delinquent. You will be sent payment reminders until your account is paid in full. If within the past twelve (12) months, your account has entered delinquency weloveIT services and support (Pty) Ltd may refuse to provide services or request pre-payment for all services.
If your account is 30 days past due date, weloveIT services and support (Pty) Ltd may charge your invoice to the credit card on file. You will be sent a paid invoice.
Clients with delinquent accounts must pay outstanding balances before requesting new services. Clients who also subscribe to recurring services may have those services terminated if their account becomes delinquent. If your account becomes 30 days past due, weloveIT services and support (Pty) Ltd may suspend your services. For subscription-based services, a R500.00 re-instatement fee may be applied to your account. If your account becomes 60 days past due, late fees will be accessed.
Clients whom have had two or more delinquent invoices within the past twelve (12) months may be subject to a two hour (2), pre-paid minimum fee for all service requests.
weloveIT services and support (Pty) Ltd reserves the right to charge a late fee for any account that is 45 days or more past due. If your account is 45 days past due, weloveIT services and support (Pty) Ltd will charge a late fee of the greater of 5.0% of the balance due or a minimum of R500.00 a month. Late fees are assessed every 30 days until the outstanding balance is paid in full.
If your account becomes 60 days past due, weloveIT services and support (Pty) Ltd may begin collection procedures. weloveIT services and support (Pty) Ltd uses a third party collection agency. To avoid collection, please pay your invoices in a timely manner. If your account goes to collection, you will be responsible for all collection fees, which will be added to your outstanding balance. If your account is not settled after the third collection attempt, we will notify our collection agency to file a non-payment report with the major credit agencies.
weloveIT services and support (Pty) Ltd reserves the right to change this billing policy at any time. Please review this policy from time to time to note changes.
weloveIT services and support (Pty) Ltd is aware that for significant installations, updates and other services problems may not arise immediately. Though we provide no explicitly warranty, we do extend a period of courtesy follow-up service. We want you to be satisfied with our services and return for future requests, so we are diligent about the quality and professionalism of our work.
Unfortunately, the actions of a few former clients have required us to be very strict about this policy. Some former clients have made repeated request for us to resolve issues that were unrelated to the initial services rendered. These unrelated requests consume valuable time and resources, thus increasing costs for everyone. Please note, that follow-up service is a courtesy — all services are provided as-is as established in our terms of services, which you have accepted by placing an order with us. weloveIT services and support (Pty) Ltd retains the final decision regarding whether or not problems are related to our services.
If you believe that there is an server error that is caused directly by our services, please notify us immediately. We provide you with a 14 day follow-up period to send us reports of omissions, errors or related problems. Please submit these queries to support@weloveIT.co.za. You must include your original invoice number will all follow-up support requests. In addition, you must grant weloveIT services and support (Pty) Ltd access to the server to resolve the issue. Additionally, your account must be in good standing for us to follow-up.
If you have modified our installation, installed additional system software, or otherwise modified the server, then weloveIT services and support (Pty) Ltd will not provide follow-up services under any circumstances.
If we determine that the problem is unrelated to our initial services, we will require that you open a new paid-support request if you wish for us to resolve the issue.
Please note that our services are provided AS-IS. The extension of follow-up service is a courtesy that weloveIT services and support (Pty) Ltd extends at its sole discretion and can discontinued at any time. If you have concerns about this policy, please review our customer feedback. We have many satisfied and returning clients. For complete details on our operating procedures, please see our Terms of Service and Billing and Payment Terms.
As part of weloveIT services and support (Pty) Ltd’s continued commitment to providing high quality, cost-effective services we abide by the following non-disclosure agreement for all service requests. This agreement assures that weloveIT services and support (Pty) Ltd maintains, in the strictest confidence, your client lists, email data, modes of operations, infrastructure, and other such matters.
The document below is weloveIT services and support (Pty) Ltd’s standing non-disclosure policy for all work conducted between weloveIT services and support (Pty) Ltd and you and/or your business (the Client). This governs all confidential information transmitted to weloveIT services and support (Pty) Ltd by the Client.
I. The Purpose.
The Client and weloveIT services and support (Pty) Ltd wish to explore a potential business relationship in connection with which the Client may disclose its Confidential Information (as defined below) to weloveIT services and support (Pty) Ltd for the purpose of completing requested computer consulting services (Relationship).
II. Definition of Confidential Information.
Confidential Information means any information, technical data, or know-how, including but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances of the Client, which all shall be deemed as Confidential Information. Confidential Information does not include information, technical data or know how which (I) is in the possession of weloveIT services and support (Pty) Ltd at the time of disclosure as shown by the weloveIT services and support (Pty) Ltd ‘s files and records immediately prior to the time of disclosure, or (ii) prior to or after the time of disclosure becomes part of the public knowledge or literature other than as a result of any improper inaction or action of weloveIT services and support (Pty) Ltd or, (iii) is approved by the Client, in writing or email, for release.
III. Non-disclosure of Confidential Information.
weloveIT services and support (Pty) Ltd agrees not to use any Confidential Information disclosed to it by the Client for its own use or for any purpose other than to carry out discussions concerning, and the undertaking of the Relationship. weloveIT services and support (Pty) Ltd will not disclose any Confidential Information of the Client to parties outside the Relationship or to employees of the weloveIT services and support (Pty) Ltd other than employees or agents under appropriate burden of confidentiality and who are required to have the information in order to carry our the discussions regarding the Relationship. weloveIT services and support (Pty) Ltd agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the Client in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. Such measures shall include the highest degree of care that weloveIT services and support (Pty) Ltd utilizes to protect its own Confidential Information of a similar nature. weloveIT services and support (Pty) Ltd agrees to notify the Client in writing or email of any misuse or misappropriation of Confidential Information of the disclosing party, if known, which may come to the weloveIT services and support (Pty) Ltd ‘s attention.
weloveIT services and support (Pty) Ltd will not, without prior consent of the Client, disclose to any other person, the fact that Confidential Information of the Client has been disclosed under this agreement, that discussions or negotiations are taking place between the parties, or any of the terms conditions, status or other facts with respect thereto, except as required by law and then only with prior notice as soon as possible to the Client.
V. Return of Materials.
Any materials or documents that have been furnished by the Client to weloveIT services and support (Pty) Ltd in connection with the Relationship will be promptly returned by weloveIT services and support (Pty) Ltd , accompanied by all copies of such documentation or certification of destruction, within (60) days after (i) the Relationship has been terminated or (ii) the written request of the Client. Note that weloveIT services and support (Pty) Ltd may retain passwords and server access information on file for an indefinite period of time if (i) we have legally compelling reasons to do so, (ii) outstanding billing issues, or (iii) the Client uses weloveIT services and support (Pty) Ltd’s services for more than three service requests per quarter. The Client may request to have such data removed from our records at any time provided that there are not pending billing or legal issues.
VI. Patent or Copyright Infringement.
Nothing in this agreement is intended to grant any rights to weloveIT services and support (Pty) Ltd with regard to any and all rights of the Client’s rights to patents or copyrights.
The forgoing commitments of each party shall survive any termination of the Relationship between the parties for a period of one year after application of Section 5 above.
VIII. Successors and Assigns.
This agreement shall be binding upon and for the benefits of the undersigned parties, their successors and assigns, provided that Confidential Information of The Client may not be assigned without the prior written consent of weloveIT services and support (Pty) Ltd . Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.
IX. Governing Law.
This agreement shall be governed by and enforced in accordance with the laws of South Africa and shall be binding upon weloveIT services and support (Pty) Ltd and the Client.
weloveIT services and support (Pty) Ltd agrees that any violation or threatened violation will cause irreparable injury, both financial and strategic, to The Client and in addition to any and all remedies that may be available, in law, in equity or otherwise.
weloveIT services and support (Pty) Ltd recognizes the above Non-disclosure Agreement as a standing policy for all services requested by the Client.
Any electronic mail you receive from a director, employee or representative of weloveIT services and support (Pty) Ltd or any other person using a weloveIT services and support (Pty) Ltd’ e-mail address, luding any attachments thereto (“the e-mail”), is subject to the weloveIT services and support (Pty) Ltd e-mail disclaimer (“disclaimer”) set out herein.
The e-mail may contain information which is confidential, private, subject to legal privilege or otherwise protected by law. If you are not the stated addressee (or such person’s authorised representative) you must –
- · notify the sender of this fact immediately by return e-mail, fax or telephone and delete the e-mail from your system;
- · refrain from printing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof; and
- · refrain from reading, storing, selling or otherwise using any information contained in the e-mail or any part thereof for any purpose luding, without limitation, orporating any information contained in the e-mail into any database or mailing list for whatever reason, luding for purposes of spamming or marketing.Failure to do so may amount to the unlawful interception of a communication, the infringement of copyright and/or the infringement of the right to privacy, thus exposing you to criminal and/or civil liability.
Notwithstanding any other provision of this disclaimer, neither weloveIT services and support (Pty) Ltd, the sender of the e-mail, or any other weloveIT services and support (Pty) Ltd representative will be liable for any loss, damage or expense of whatever nature (luding without limitation that caused by the corruption or loss of data, damage to software programmes and interruption of business operations) resulting directly or indirectly from the transmission of the e-mail (luding without limitation any malicious software code or viruses transmitted together with the e-mail, or any corruption to or loss of data contained in the e-mail).
The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of weloveIT services and support (Pty) Ltd. In particular, no weloveIT services and support (Pty) Ltd representative or employee may send –
- · unsolicited commercial messages (“spam”);
- · messages that infringe any third party’s intellectual property rights (luding copyright trademarks) or other rights (“infringing content”); or
- · messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful (“offensive content”).
If the e-mail constitutes spam, contains infringing content or offensive content, or was otherwise sent for purposes unrelated to the official business of weloveIT services and support (Pty) Ltd, that e-mail is contrary to weloveIT services and support (Pty) Ltd electronic communications policy and falls outside the scope of employment of the individual concerned and weloveIT services and support (Pty) Ltd will not be liable for any loss, damage or expense of whatever nature resulting therefrom.
weloveIT services and support (Pty) Ltd reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail transmitted to or from the weloveIT services and support (Pty) Ltd mail servers.
Where the time or date on which the e-mail was transmitted is in issue, unless the content thereof expressly provides otherwise, weloveIT services and support (Pty) Ltd will be deemed to have –
- · sent the e-mail once reflected in our log files as “sent” on our mail servers; and
- · received, but not deemed to have read, an e-mail once reflected in our log files as “received” on our mail servers
Our corporate information and the names of our directors are as follows –
- · weloveIT services and support (Pty) Ltd . Registration Number 2013/028156/07
- · Jared Kallie – Managing Director – jared@weloveIT.co.za
The disclaimer is governed by the laws of the Republic of South Africa and will be deemed to supersede any terms contained in any e-mail received by weloveIT services and support (Pty) Ltd, insofar as these conflict with this disclaimer.
Please contact our Information Technology Department on (011) 486 4151 or send them a message support@weloveIT.co.za should you have any queries or concerns regarding the disclaimer or e-mail.
Acceptable Use Policy (AUP)
1. The purpose of this document is to provide an understanding of weloveIT services and support (Pty) Ltd’s Acceptable Use Policy. This policy serves to define the accepted behaviour of users on weloveIT’s (weloveIT) network. This allows weloveIT to:
Maintain the integrity and quality of their services,
Protect their customers and infrastructure from abuse,
Adhere to the current laws and regulations governing organisations and service providers in the countries that they operate in,
Co-exist within the global internet community as a responsible service provider.
1. The user acknowledges that weloveIT is unable to exercise control over the data passing over the infrastructure and the Internet, including but not limited to any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, weloveIT is not responsible for data transmitted over its infrastructure.
2. IS’ infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks.
3. Users of the weloveIT network include not only the weloveIT customers, but in the case of resellers of the weloveIT ’ services, the customers of the resellers too. Resellers of weloveIT ’ services are responsible for the activities of their customers.
4. The user may obtain and download any materials marked as available for download off the Internet, but is not permitted to use their Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials.
5. The user is prohibited from obtaining, disseminating or facilitating over weloveIT ’ network any unlawful materials, including but not limited to:
Copying or dealing in intellectual property without authorization,
Child pornography, and/or
Any unlawful hate-speech materials.
6. To help ensure that all customers have fair and equal use of the service and to protect the integrity of the network, weloveIT services and support (Pty) Ltd reserves the right, and will take necessary steps, to prevent improper or excessive usage thereof.
7. The action that weloveIT services and support (Pty) Ltd may take includes, but is not limited to:
Preventing or limiting service through specific ports or communication protocols; and/or
Complete termination of service to customers who grossly abuse the network through improper or excessive usage.
8. This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
9. Online activity will be subject to the available bandwidth, data storage and other limitations of the service provided, which weloveIT services and support (Pty) Ltd may, from time to time, revise at its own discretion and without prior notice to the customer.
System and Network Security
1. All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through weloveIT ) and includes but is not limited to the infrastructure of weloveIT itself.
2. The user may not circumvent user authentication or security of any host, device, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, device, or network (referred to as “denial of service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including phishing.
3. Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. weloveIT will investigate incidents involving such violations and will involve and co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of weloveIT .
Unauthorised monitoring of data or traffic on the network or systems without express authorisation of weloveIT . Interference with service to any user, device, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
1. It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc). This is strongly objected to by most Internet users and the repercussions against the offending party and IS can often result in disruption of service to other users connected to IS. In addition, spam is unlawful in terms of the Electronic Communications and Transaction Act 2002, and IS is entitled to take appropriate steps against the User in contravention of these provisions of the Act.
2. Maintaining of mailing lists by users of weloveIT is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
3. Users may not forward or propagate chain letters nor malicious e-mail.
4. Public relay occurs when a mail server is accessed by a third party and utilize to deliver mails, without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
5. weloveIT reserves the right to examine users’ mail servers to confirm that their server is not a public relay and the results of such checks can be made available to the user. weloveIT also reserves the right to examine the mail servers of any users using weloveIT mail servers for “smarthosting”, content filtering or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with weloveIT ‘ policy of preserving customer privacy.
1. The User acknowledges that weloveIT is lawfully required to intercept communications in accordance with the provisions of the Regulation of Interception and Provision of Communication-related Information Act 70 of 2003 (“the Act”). Any interception of communications shall be strictly in accordance with the requirements of the Act, as and when required under the Act.
1. Upon receipt of a complaint, or having become aware of an incident, weloveIT reserves the right to:
Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP. In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely. Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident. In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means. Take such action as may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code. Implement appropriate technical mechanisms in order to prevent usage patterns that violate this AUP. Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
2. Any one or more of the steps listed above, insofar as they are deemed necessary by IS in its absolute and sole discretion, may be taken by IS against the offending party.
Laws and Legislation
1. weloveIT ‘ infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
2. Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
3. The User undertakes to use weloveIT ’ services in accordance with any restrictions imposed under the following legislation:
1. Nothing contained in this policy shall be construed to limit weloveIT services and support (Pty) Ltd’s rights or remedies in any way with respect to any of the aforementioned activities, and weloveIT services and support (Pty) Ltd reserves the right to take any action that it may deem appropriate with respect to such activities, including without limitation:
Investigating suspected violations of this AUP,
Taking action to recover costs and expenses incurred in identifying and resolving abuse,
Terminating users’ access to and use of the weloveIT services and support (Pty) Ltd service;
Levying cancellation charges to cover weloveIT services and support (Pty) Ltd’s costs in the event of termination of the weloveIT services and support (Pty) Ltd service.
2. In addition, weloveIT services and support (Pty) Ltd reserves all available rights and remedies with respect to such activities at law or in equity.
3. This AUP may be clarified or modified periodically and weloveIT services and support (Pty) Ltd reserves the right to modify this policy at any time, any such changes coming into effect as soon as they are published on the weloveIT website (www.weloveIT.co.za).
4. This policy forms part of weloveIT services and support (Pty) Ltd’s standard terms and conditions of service.
All cases of violation of the above Acceptable Use Policy should be reported to support@weloveIT.co.za.
I (Full Name of Authorized Company Representative), ______________________________,
ID Number: ___________________________,
Do hereby acknowledge that i have read, and that i understant, and accpt the Terms of Service of weloveIT services and support (Pty) Ltd.
Signed at ______________________ this _________ day of ________________ 2017.