STANDARD TERMS AND CONDITIONS

THE CUSTOMER HEREBY AGREES THAT ALL SERVICE/S PROVIDED PURSUANT TO IDS's ACCEPTANCE OF AN APPLICATION FORM WILL BE SUBJECT TO THESE TERMS AND CONDITIONS, WHICH TERMS AND CONDITIONS ARE EXPLICITLY INCORPORATED INTO AND FORM AN INTEGRAL PART OF THE AGREEMENT BETWEEN IDS AND THE CUSTOMER.

IDS operates under the management of SISHA. Where IDS is stated below SISHI can be inserted, IDS & SISHA can be used interchangeably in the Terms & Conditions stated on this page only.

STANDARD TERMS AND CONDITIONS

1.         DESCRIPTION OF SERVICE
1.1    IDS undertake to provide the Customer with value-added IDS Services.
1.2    The provision of the IDS Service/s by IDS is subject to the Terms and Conditions set out in this Schedule.  

2.         DURATION AND EFFECTIVE DATE
2.1    This agreement will start on the commencement date, i.e. the approval date by IDS and shall continue until cancelled by either of the parties on written notice to the other party.
2.2    The Customer agrees to utilize IDS’s Service on a regular basis and if not utilized for a period of two continuous months, the user’s Fax2Email number will be cancelled.

3.     CHARGES AND PAYMENTS
3.1    All Services, relating to the Inbound Service, including installation, connection to the terminal equipment, set-up, utilization of the Service, training and support is provided at no cost to the Customer.
3.2    All costs related to the Outbound Service are subject to the applicable cost structures stipulated within the Outbound Rate Sheet.
3.3    Outbound activation is subject to pre-paid billing, baring extraordinary circumstances.
3.4    Only electronic transfers and cash deposit slips will be accepted as payment for the Outbound Service.
3.5    Upon receipt of payment in relation to pre-paid billing, the Outbound Service will be activated.

4.         INTELLECTUAL PROPERTY
4.1    All intellectual property relating to or used in connection with the Services referred to in this agreement shall belong to IDS, its suppliers, its Customers and/or its business partners and/or the relevant service providers that provide Customer numbers as utilized in terms of this Agreement.
4.2    The Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person's intellectual property rights, and in particular warrants that it shall recognize and use any content in accordance with IDS 's intellectual property rights.

5.         CUSTOMER'S OBLIGATIONS
5.1    The Customer shall not commit or attempt to commit any act which directly or indirectly:
5.1.1         damages IDS's technical infrastructure or any part thereof;
5.1.2     impairs IDS from being able to provide the Service/s in a reasonable and business like manner.

6.         PROTECTION OF PROPRIETARY INFORMATION
6.1    Each party will keep in confidence and protect Proprietary Information from disclosure to third parties and restrict its use to that which is provided for in this agreement.

7.     CESSION
7.1    The Customer shall not be entitled to cede or assign any rights and/or obligations, which it may have in terms of this agreement to any third party unless, consented to it in writing by IDS.

8.     BREACH
8.1    In the event of a breach, IDS shall have the right, without prejudice to any other right, which it may have against the Customer, to:
a)      suspend or terminate the Service/s;
b) cancel this Agreement in any event without prejudice to IDS’s right to claim damages.

9.         EXCLUSION OF LIABILITY
9.1    Except as otherwise expressly provided herein to the contrary, IDS shall not be liable to the Customer or any third party for any loss or damage of whatever nature and/or howsoever arising or for any costs, claims or demands of any nature whether asserted against IDS or against the Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
9.2    The Customer hereby indemnifies IDS against and holds IDS harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of IDS is excluded in terms of clause 9.1 above.
9.3    Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of IDS of any loss or damage thereby incurred or for any costs, claims or demands of any nature arising there from, is excluded, and the provision of clauses 9.1 above shall apply mutandis to such exclusion.
9.4    This Section 9 shall survive the termination of this agreement.

10.         WARRANTIES
10.1 IDS provides no warranties or guarantees of any nature in respect to the Service.
10.2 Without limitation to the generality of 8.1 above, IDS does not warrant or guarantee that the information transmitted by or available to the Customer by way of the Service/s:
10.2.1   will be preserved or sustained in its entirety;
10.2.2   will be delivered to any or all of the intended recipients;
10.2.3   will be suitable for any purpose;
10.2.4   will be free of inaccuracies or defects or bugs or viruses of any kind; or
10.2.5   will be secured against intrusion by unauthorized third parties;
and IDS assumes no liability or obligation in regard to any of the exclusions set forth in this clause 10.

11.         SUSPENSION OF SERVICES
IDS reserves the right to suspend the provision of the Services for the purpose of maintenance, modification or remedial work. In the event of any such suspension, IDS shall provide the Customer with five days prior written notice.

12.   FORCE MAJEURE
IDS shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of IDS, provided that IDS makes all reasonable efforts to perform.

13.         DOMICILIUM CITANCI ET EXECUTANDI
For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, the Customer chooses its domicilium citandi et executandi as the physical address appearing on first page of the these Terms and Conditions.

14.   GENERAL
14.1 The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any presentations not expressly set forth in it.
14.2 Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the Agreement between the Customer and IDS or not.
14.3 All equipment provided by IDS to the Customer, shall remain the property of IDS and be clearly marked as such. Such equipment must however be insured by the Customer for the benefit of IDS, by way of cession.
14.4 The Customer hereby agrees to accept any information that IDS may send the Customer regarding future value-added Services via the Customer’s email address.
14.5 In the event that any provision of this Agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the statue, ruling or order.
14.6 Should any of the Terms and Conditions of this Agreement be held to be invalid, unlawful or unenforceable, such Terms and Conditions will be severable from the remaining Terms and Conditions, which will continue to be valid and enforceable.