Website Terms and Conditions of use
These Terms and Conditions oversee your (“the User” / “You”) use of the (B-Sure IT Solutions) website located at the domain name (www.bsureit.co.za) (“the Website”). By entry and use of this Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice; however, should the User not desire to be bound by these Terms and Conditions, the User may then not access, use, display, download, and/or otherwise duplicate or distribute any Content gained from the Website. These Terms and Conditions are effective upon access of the site for the first time and form a binding agreement between B-Sure IT Solutions and the User, which will always prevail. These Terms and Conditions oversee our respective rights and obligations each time the User gains admission into the site.
Privacy and Security
B-Sure IT Solutions receives a variety of information (“the Information”) from Users who access the Website. B-Sure IT Solutions makes every attempt to protect all Information received by it. Despite such efforts and taking, it is possible for Internet-based communications to be captured. Without the use of encryption, the Internet is not a secure medium and thus privacy cannot be guaranteed. Internet e-mail is susceptible to forging and interception, B-Sure IT Solutions will not be liable for any damages that the User deliberately authorizes B-Sure IT Solutions to receive or that the User or any third party may endure as a result of the transmission of personal or confidential information that the User submits to B-Sure IT Solutions through the Internet, or for any errors or changes made to any transmitted information. B-Sure IT Solutions highly recommends the User is to read and understand the Privacy and Security Policy, outlining B-Sure IT Solutions’ commitment to the User’s privacy and the security of their personal information.
By access and use of this Website you acknowledge and agree to this disclaimer. Use of this Website and the related products and/or services is governed in accordance with the laws of the Republic of South Africa, and subject to the exclusive jurisdiction of the South African courts. Use of this Website or the information, products and services presented on this Website is at the user’s own risk. Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, B-Sure IT Solutions accepts no liability whatsoever involving any loss, expense, claim or damage, whether direct, indirect or consequential which may occur from the information obtained from this Website. B-Sure IT Solutions makes no guarantee or representation whether implied or expressed, as to the integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information obtained from this Website. B-Sure IT Solutions also makes no guarantee or representation, whether implied or expressed, that the products, information or files available on this Website are without any viruses, destructive materials or any other data or code which is able to compromise, corrupt or put at risk the functioning or content of a computer system, computer network or your hardware or software. The User accepts all risk associated with any existence of such viruses, destructive materials or any other data or code which is able to compromise, corrupt, or put at risk the operation or content of a computer system, computer network or your hardware or software. B-Sure IT Solutions accepts no liability for any omission or errors on this Website. B-Sure IT Solutions may, at any time, in its own discretion, suspend, change the contents of or terminate the operation of this Website or any of the products or services provided in terms of this Website, without prior notice. All rights reserved.
General Terms & Conditions
- B-Sure IT will be your main point of contact. For any queries, support or billing issues, please contact B-Sure IT directly. With B-Sure IT as your single service provider there will be no need for you to contact any third parties such as Telkom, Fibrehoods, iConnect etc.
- Payment is strictly due within 7 days of invoice for recurring services. All other goods will be payable before delivery.
- Any order placed with B-Sure IT for goods and/or service implies acceptance of the following conditions which may be varied only in writing by B-Sure IT’s authorised representative. Descriptive and clerical errors are subject to correction.
- These conditions are in place of and exclude all other warranties and conditions, except those provided expressly by B-Sure IT in writing in respect of a particular Product or Service, whether implied by statute or otherwise and in particular the Purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by B-Sure IT.
- Any contract or order based on this or any other tender or quotation is only accepted upon and subject to B-Sure IT’s Standard Terms and Conditions as set out herein and these conditions are to have full force and effect as if incorporated into the Purchaser’s order. Unless expressly accepted in writing by iConnect any variations of or additions to these conditions in a Purchaser’s order or order form will be deemed to be inapplicable.
- All quotations are subject to withdrawal or variation by B-Sure IT at any time prior to acceptance of a firm order. No order given to B-Sure IT based upon a quotation shall be binding upon B-Sure IT until accepted by B-Sure IT in writing. B-Sure IT reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
- All prices are net and VAT exclusive unless otherwise stated.
- Prices for goods to be imported are based on prices quoted to B-Sure IT by the Principal and the rates of exchange, freight, insurance premiums, customs duties, and other relevant costs of importation known to B-Sure IT at the time of the quotation. In the event of any increase in any of these rates or in the prices of the goods quoted to B-Sure IT by the Principle before acceptance of an order or prior to the delivery of the goods to the Purchaser then the cost to B-Sure IT entailed by such increase/s shall be added to and form part of the purchase and or repair price and be payable by the Purchaser accordingly.
- Conversely any decrease in any such rates or the Principal’s price shall be deducted from the purchase and or repair price.
- This provision for variation of price shall also apply to goods and service required for the execution of an order purchased and obtained locally.
- B-Sure IT offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- Where it accepts your order, B-Sure IT will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment. We will notify you if we are unable to deliver the Goods. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- B-Sure IT’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.
- You have the right to cancel and return any order within 7 days after you receive the goods. The right may only be exercised if the packaging is not opened and the goods are returned unused.
- Should you cancel your order and return the goods, you will be held liable to ensure delivery of the goods to B-Sure IT at your own cost.
- Once the return has been assessed and accepted by us, we will refund you within 30 days for any sum paid to us by you.
- We reserve the right to deduct Distance Selling regulation costs and any other transit costs incurred through delivery from the refund paid to you.
- Any and all faulty goods returned will not carry any deductions for the return or refund.
- A minimum 20% handling fee will be charged on all returned items.
- You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods, which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered otherwise than unsealing the goods.
- B-Sure IT reserves the right to send any item returned to the manufacturer for an assessment should the item be damaged in any form or manner. Any item sent to a manufacturer for an assessment will have any refund put on hold until an outcome has been received from the manufacturer.
- Payment shall be due before the delivery date and/or before any order will be fulfilled by B-Sure IT.
- Payment can be made via EFT (Bank Transfer), Cash or Debit Order.
- There will be no delivery until cleared funds are received.
- Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
- Pro-rata billing will apply if;
- Your service is newly connected to us
- Your service is reactivated
- A change of ownership of the service occurs,
- Your service is cancelled.
- Pro-rata will apply to any and all services that are recurring on a monthly basis and when the service is activated throughout the month.
- Pro-rata fees will be payable immediately upon any clause as per 16.1 brought into effect. In most cases, pro-rata fees can be added to your first debit run at the end of the month when your first debit is actioned.
- All services change requests must be sent to firstname.lastname@example.org.
- All service changes that occur may carry a pro-rata fee should the service be an upgrade.
- In most cases, services changes take 24-48 hours to be effective from the time of agreement of upgrade/downgrade of service.
- Where the Purchaser is a consumer as defined by any relevant law such as the Consumer Protection Act in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified. In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the consumer warranties shall prevail;
- All other express or implied conditions or warranties in respect of the goods or any of them are excluded.
- Where goods are goods in respect of which the Purchaser is not a consumer, the following condition will apply: equipment is warranted to be free from defects in materials and workmanship, in accordance with the Principal’s warranty. This warranty does not cover the repair of any fault or replacement of any defective part resulting from an act of God, or the negligence or malpractice of the Purchaser or his servants.
- Unless stated to the contrary in writing, Products are warranted for a period of one year from date of delivery to the Purchaser.
- Should any of the equipment sold by B-Sure IT fail for any inherent electrical or mechanical defect within the warranty period, B-Sure IT undertakes to repair the same free of charge providing the defective goods are returned to B-Sure IT’s office freight/insurance prepaid and provided that no alteration or additions are made or repairs undertaken except by B-Sure IT or B-Sure IT’s authorised representatives.
- Should the Purchaser require B-Sure IT’s engineer to inspect the equipment instead of returning same to B-Sure IT, the Purchaser is to pay the cost of B-Sure IT’s engineer time and expenses.
- Warranty is likewise extended to repairs carried out by B-Sure IT or by the Principal but is limited to twelve months and is applicable to the repair work done and not to any subsequent failure of unrelated parts and or software.
- All complaints must be sent to email@example.com and addressed to “B-Sure IT Management”.
- All complaints will be addressed within 48 hours of being received.
- Should you as a Purchaser feel that further escalation is required, you are to contact the following persons in order;
- Mondre Gous – IT Operations
- Auret Van Zyl – Group IT Manager
- Stephen Williams – Group Chief Executive Officer
- B-Sure IT reserves the right to establish and impose reasonable policies, rules and limitations (hereinafter referred to as “fair usage provisions”) in respect of the utilization of the Internet Protocol services (“IP services”) offered, which may be amended from time-to-time.
- The purpose of the Fair Usage Policy is to:
- ensure compliance with the relevant laws of South Africa;
- declare to the Purchaser what activities and online behaviours are reasonably considered to be an unacceptable use of the IP services;
- protect the integrity of the iConnect network;
- specify the consequences that may flow from participating in prohibited activities.
- B-Sure IT’s IP services shall only be used for lawful purposes and activities. B-Sure IT prohibits the use of its IP services for any use, including transmission, storage and distribution, of any material or content that violates any law or regulation of South Africa, including but not limited to:
- laws prohibiting child pornography, obscenity, discrimination and hate speech, or speech designed to incite violence or hatred, or threats to cause harm;
- any activity designed to defame, abuse, stalk, harass or physically threaten an individual, or in any other way to post, transmit, or otherwise distribute inappropriate or defamatory material;
- any violation of any intellectual property rights protected by local of international copyright or trade secrets;
- any violation of any other person’s right to privacy, including any attempt to retrieve personal data of any person without consent;
- any fraudulent activity whatsoever, including questionable financial practices, pyramid scheme etc;
- any violation of the exchange control and gambling laws of South Africa;
- any activity that results in the sale, transmission or distribution of pirated or illegal software, audio or video material.
- Any activity which threatens the functioning, security and/or integrity of B-Sure IT’s network and their partners is unacceptable.
- B-Sure IT prohibits the use of its IP services for any activity designed to harm, or attempt to harm, a minor, which shall include but not be limited to any activity designed to host, possess, disseminate, distribute or transmit material that is unlawful, such as child pornography and cyber bullying.
- B-Sure IT respects the privacy and confidentiality of all Purchasers and users of B-Sure IT’s IP services.
- B-Sure IT shall make all reasonable endeavours to manage the bandwidth usage during peak periods, but make no guarantees, other than what may be contained in a separate written and executed agreement between the parties, as to the bandwidth available to the Purchaser at any given time.
- This policy shall apply in respect of all intended and unintended prohibited usage, which may include but not be limited to viruses, worms, malicious or otherwise unknown causes.
- B-Sure IT reserve the right to manage the network, for the optimal benefit of all purchasers or subscribers to the IP services, including but not limited to:
- rate (speed) limiting;
- rejection or removal of spam or otherwise unsolicited bulk e-mail,
- anti-virus mechanisms;
- protocol filtering;
- imposing restrictions on use of the IP services;
- any other action which B-Sure IT reasonably deem necessary to ensure the integrity of the network.
- B-Sure IT may implement restrictions or limitations on IP services from time-to-time, and the Purchaser shall comply with any bandwidth, data storage or other limitations that may reasonably be imposed, failing which B-Sure IT shall have the right to restrict, suspend or terminate such IP services, in its reasonable discretion
- The fair usage provisions include, but are not limited to:
- Limitations on the number of emails that may be sent in any given period, or to limit the total data volume sent per hour;
- Personal Use packages may not be primarily utilized for business purposes;
- Unless otherwise specifically agreed to in terms of a written and executed agreement between the parties, the Purchaser may not:
- resell any IP services provided by |B-Sure IT to the Purchaser;
- provide, for charge or benefit, any internet access or other feature of the IP services provided to any third party;
- in any other way exploit the IP service provided by B-Sure IT for any undisclosed commercial purpose, which includes but is not limited to providing internet access to third parties; hosting of shell accounts over the internet; provide email or news services, running a server/game server in connection with the services; provide network services to third parties via the IP services;
- run servers for mail, http, ftp, irc and other multi-user interactive forums;
- share the IP services.
- The Purchaser may not engage in the utilization of the IP services to the extent that such utilization restricts, inhibits or interferes with such utilization of the IP services by any other purchaser thereof;
- The Purchaser shall refrain from any activities which may create an unusually large burden on the B-Sure IT and their partners networks, which may include but not be limited to continuous uploading, downloading or streaming of data, video or audio, continuous FTP uploading or downloading, or in any other way generating levels of traffic sufficient to impede the use of the IP services by other purchasers;
- The Purchaser shall refrain from utilizing the IP services purchased on an unlimited package, option or promotion, in an otherwise abusive manner;
- The Purchaser shall refrain from utilizing the IP services for any unattended operations, unless otherwise expressly agreed to in writing and executed between the parties;
- The Purchaser shall refrain from using internet applications to simulate network activity in order to avoid session inactivity disconnection.
- In the event that the Purchaser fails to comply with the fair usage provisions, B-Sure IT reserves the right to exercise its reasonable discretion to restrict, suspend or terminate the Purchaser’s services.
- Complaints relating to the violation of this Fair Usage Policy should be submitted in writing to B-Sure IT by email addressed to firstname.lastname@example.org , which complaints must be substantiated and unambiguously state the nature of the problem in respect of the use of the IP services.
- B-Sure IT reserves the right to:
- amend or alter this Fair Use Policy at any time, and without notice to the Purchaser;
- take action against any individuals, companies or organisations that violate any of the provisions of this policy;
- act, in its sole discretion, against any other type of abuse not set out hereinabove, and to investigate and/or report and/or prevent any illegal activities being committed over the B-Sure IT network;
- share and/or make the breaching Purchasers details with any relevant authority, including the South African Police Services;
- B-Sure IT does not waive its right to enforcement or action in respect of this Fair Usage Policy at any time, or prejudice its right to take subsequent action, should B-Sure IT have failed to take any such action at the time of the breach of the Fair Usage Policy.
- B-Sure IT respects your privacy and will take reasonable measures to protect any information disclosed by the Purchaser.
- Should you decide to register as a user on the Website and/or place an order with us, we may require you to provide us with personal information which includes but is not limited to –
- your name and surname;
- your email address;
- your physical address;
- your gender;
- your mobile number;
- your date of birth;
- your company information such as;
- VAT Number
- Company Registration Number; and
- Owner or Director details.
- Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
- You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
- We will not, without your express consent use your personal information for any purpose other than as set out below:
- in relation to the ordering, sale and delivery of Goods;
- to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
- to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website;
- We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, B-Sure IT is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
- We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
- B-Sure IT undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
- Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
- This agreement shall be governed by the laws of the Republic of South Africa.
- The customer, by its signature hereto and in terms of the provisions of Section 45 of the Magistrates Court Act. No 32 of 1944, as amended, consents to the jurisdiction of the Magistrate’s Courts in relation to any actions or proceedings instituted against the customer in terms of, or arising out of the provisions of this agreement and/or terms, provided that either party in its sole and absolute discretion shall be entitled to institute any such actions or proceedings, in any division of the High Court of South Africa possessed of the requisite jurisdiction.
- In the event of either party instituting legal proceedings against the other (“defaulting party”) to recover amounts due to or take any other legal steps arising out of this agreement, the defaulting party shall be liable for legal costs on the scale as between attorney and own client.
- B-Sure IT Solutions has partnered with multiple providers to ensure quality services are delivered to the Purchaser. Therefore, all the below listed partner’s terms and conditions apply to any Purchaser or client of B-Sure IT Solutions;
- iConnect Telecoms (www.iconnectsa.co.za)
- Axxess (Pty) LTD (www.axxess.co.za)
- Hetzner (Pty) LTD (www.hetzner.co.za)
- Ignite (www.ignite.co.za)
- Synaq (www.synaq.com)
- Redstor (www.redstor.com)
- Cloudgroup (www.cloudgroup.co.za)
- VOX Telecoms (www.vox.co.za)
- Sizwe Connect (www.sizwegroup.co.za)
- Centracom (www.centracom.co.za)
- Any client and/or Purchaser hereby accepts that they have read, understood and agree to all terms and conditions listed by B-Sure IT’s partners as per point 70.
- Remote Access – Please email email@example.com for more information
- Call Out – Please email firstname.lastname@example.org for more information
- Capped ADSL – Please email email@example.com for more information
- Uncapped ADSL – Please email firstname.lastname@example.org for more information
- Business Fibre – Please email email@example.com for more information
- FTTH – Please email firstname.lastname@example.org for more information
- LTE – Please email email@example.com for more information
- Mobile Data – Please email firstname.lastname@example.org for more information
- Microwave & Wireless – Please email email@example.com for more information
- Domain Hosting – Please email firstname.lastname@example.org for more information
- CloudMail – Please email email@example.com for more information
- Backups – Please email firstname.lastname@example.org for more information
- Cloud Servers – Please email email@example.com for more information
- Hosted PBX – Please email firstname.lastname@example.org for more information
- Office 365 – Please email email@example.com for more information
- iShield NG5 – Please email firstname.lastname@example.org for more information
Cancellations, Refunds & Returns
Fair Usage Policy
Privacy & Confidential Policy
Governing Law & Arbitration
Partner Terms & Conditions