The following terms and conditions apply to businesses that would like to apply to be listed on our website:
1. The agreement and provision of service, will only come into being between BizPages and a customer when the customer has agreed to the terms and conditions contained herein and the application for a new business listing has been accepted by BizPages (see A.4).
2. By signing the new business listing application, or by clicking on the submit button on the new business listing online application, the customer agrees to the terms and conditions contained herein.
3. The customer acknowledges that all the information provided is true and correct to the best of their knowledge.
4. BizPages retains the right to deny any application which it deems inappropriate for the website, for whatsoever reason, in which case this agreement does not come into being.
1. Commencing on the date on which a new business listing application has been accepted ("the commencement date") by BizPages and for the duration of the agreement thereafter, BizPages shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
2. Notwithstanding the provisions of B.1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In such circumstances, BizPages shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
3. The customer shall solely be responsible for provisioning, configuration and maintenance of all equipment on its premises, including (but without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
1. The customer shall pay to BizPages all applicable charges, tariffs, fees and other amounts as may be set out in this agreement or on our published pricelist, in respect of the provision of services to the customer.
2. BizPages will be entitled to adjust any of its charges, at any time by giving a customer a 30 day electronic notification of such adjustments.
3. Any payment due to BizPages not made on the due date thereof shall bear interest at a rate of 2% (two per centum) above the prime bank overdraft rate as charged by BizPages' bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.
4. The customer shall, on demand, pay to BizPages all costs and expenses incurred by BizPages in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
5. Should the bank dishonour any payment offered by the customer to BizPages, BizPages shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.
6. Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.
1. This clause D specifies the entire liability of BizPages, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions and warranties are excluded.
2. BizPages shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or a third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
3. Any service(s) provided herein is provided on an \"as-is\" basis and BizPages makes no express or implied warranties or representations of whatsoever nature with respect to any such service.
4. The customer shall and hereby does indemnify Bizpages
4.1 against any damage, loss or liability (excluding liability of BizPages wilful misconduct) arising from the provisioning of services to the customer, its employees, directors, agents and/or representatives,
4.2 against any damage, loss or liability of whatsoever nature arising from a breach of BizPages security measures, any misuse of BizPages’ facilities or services and/or any act or omission of any other customer of BizPages,
4.3 from any claim by any third party arising directly or indirectly out of or related to the customer’s access to or use of services rendered by BizPages or any information or data obtained through such access or use and
4.4 for all loss, damage, cost or liability that may be incurred in the event that the customer’s use of the service and/or product supplied hereunder
4.4.1 constitutes a violation of any law, regulation of tariff;
4.4.2 is defamatory, fraudulent or deceptive;
4.4.3 is intended to threaten, harass or intimidate; or
4.4.4 interferes with the use of enjoyment of other customers of the services and products provided by BizPages.
5. Under no circumstances whatsoever will BizPages’ liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts paid by the customer to BizPages.
The customer hereby agrees:
1. that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
2. that it shall make use of the services in a responsible, prudent, lawful and honest manner;
3. that it shall comply with any directions, instructions and limitations issued or notified by BizPages from time to time in connection with the services;
4. that it shall not use any service in a manner which
4.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by BizPages and/or the customer's access to or use thereof;
4.2 constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by BizPages from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking, unsolicited mailing etc.;
4.3 is defamatory, fraudulent or deceptive;
4.4 is intended to threaten, harass, nuke or intimidate;
4.5 tends to damage the name or reputation of BizPages, its affiliates and or subsidiaries or;
4.6 interferes with the use and enjoyment of Internet related services of customers of BizPages;
5. that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by BizPages.
6. that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of BizPages, its network providers and BizPages and that service may from time to time be adversely affected by a number of different causes.
1. BizPages may from time to time and without notice suspend the services in any of the following circumstances:
1.1 during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided.
1.2 if the customer
1.2.1 fails to comply with any of the terms and conditions of this agreement (including to pay any charges due) until the breach (if capable of remedy) is remedied; or
1.2.2 does or allows to be done anything which, in BizPages’ reasonable opinion, may have the effect of negatively affecting the operation of the BizPages website or the provision of services to the customer or to any other customer(s) of Bizpages; or
1.2.3 uses the service in contravention of any act or regulation.
2. Notwithstanding any suspension of service under clause F, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless BizPages, in its sole discretion, determines otherwise.
1. Notwithstanding anything to the contrary contained in this agreement, BizPages shall at any time be entitled to terminate this agreement on not less than 30 days notice to such effect to the customer, BizPages making due refunds.
2. In the case of a year to year agreement, the customer shall inform BizPages in writing that it wishes to terminate the agreement prior to the end of the current year period. BizPages will continue to provide the services/products until the end of the current year period and the customer will remain liable for any charges, fees or tariffs for the current year period.
3. Without prejudice to any other rights or remedies which BizPages may have in terms hereof or at law, BizPages shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between BizPages and the customer.
4. Upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of termination.
5. Upon termination due to any breach of this agreement by the customer, BizPages shall be entitled to claim damages.
1. In the case of a year to year agreement, the agreement will automatically be renewed for another year at the end of the current year period, unless the agreement has been terminated according to the stipulations described in clause G.
1. BizPages shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside BizPages' reasonable control, including without limitation, of technical problems relating to the network, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, BizPages shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
2. The terms and conditions as set out herein, constitute the entire agreement between BizPages and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between BizPages and the customer relating to the subject matter hereof.
3. BizPages reserves the right to amend these terms and conditions from time to time. BizPages will publish the latest version of the Terms and Conditions online at http://www.bizpages.co.za/terms.html.
4. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
5. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
6. If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
7. The customer shall protect all usernames and passwords for BizPages. BizPages accepts no liability whatsoever for any misuse or abuse of the customer's service as a result of disclosure of a customer's username and password. The customer will immediately notify BizPages when it becomes apparent that his/her username and password has been compromised, until such notification is received and accepted by BizPages, the customer remain liable for any usage charges incurred or outstanding on the customer's account. BizPages accepts no responsibility or liability for the breach of security in the distribution of a username and password in accordance with the customer's instructions.