Terms & Conditions
Ace-Tech DS provides services to clients locally , and we have a responsibility to protect each client and to provide the best services available. All clients of Ace-Tech DS are subject to the following terms & conditions
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Ace Tech DS. It is your responsibility to read the clauses referred to:
1. You agree to provide Ace Tech DS with true and correct information in order to provide service to you and give Ace Tech DS. permission to process your personal information (clause 4, 14)
2. You agree that these terms may change and that you will check regularly for changes on the Ace Tech DS website (clause 5)
3. You agree that abusive behaviour towards Ace Tech DS staff or brand will not be tolerated (clause 6).
4. You agree that you will ensure that you choose and be responsible for the products/service that suit your needs (clause 8)
5. You agree that failing to pay your Ace Tech DS. account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).
6. You agree that either yourself or Ace Tech DS may cancel this contract by giving the other notice (clause 12.1)
7. You limit Ace Tech DS liability and indemnify Ace Tech DS for various acts or omissions (clause 17).
You agree that Ace-Tech Digital Solutions may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Ace-Tech Digital Solutions on a periodic basis on the announcement pages.
8. Choice of Services and Products
8.1 Ace Tech DS offers online and offline application and signup for all products and Services. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Ace Tech DS will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
8.2 Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act ("the ECT Act"). If done via Electronic.
8.3 Ace Tech DS provides Services on the basis of information provided by the Client, and Ace Tech DS offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
8.4 Ace Tech DS reserves the right to stop offering particular Services if it deems it necessary. Ace Tech DS will then either provide the service for the remainder of the time.
9.1 Quotations shall expire and shall be void seven (7) days from date of the Quotation, unless otherwise specified in the Quotation. The Quotation may be modified or withdrawn by Seller at any time before Seller’s receipt of Buyer’s conforming acceptance.
10. Payment and Penalties
10.1 Ace Tech DS reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
10.2 Ace Tech DS only accepts Debit Order and Visa/Mastercard and EFT payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Ace Tech DS's discretion.
10.3 The Client’s monthly invoices will be sent out on a monthly basis which the payment time frame indicated on the invoice.
10.4 Ace Tech DS will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
10.5 If the Client’s debit order bounces for any reason, Ace Tech DS reserves the right to resubmit the debit order at any time.
10.6 Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). Ace Tech DS retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
10.7 Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service will commence as described below. The Client will not be credited for Services that would otherwise have been available to the Client during the period of suspension.
10.8 If the Client remains in default of a monthly Fee for two consecutive calendar months, Ace Tech DS may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
10.9 Should the Client settle the unpaid Fee they will be reconnected as described below.
10.10 Ace Tech DS may charge an Admin Fee for failed or returned payments, regardless of method of payment or the reason for non-payment. Such Admin Fees are payable immediately and in conjunction with the outstanding fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client's payment record. Non-payment of Admin Fees will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
10.11 Reconnection of Services may be subject to a waiting period of up to 72 hours, at Ace Tech DS’s discretion, regardless of when payment is received or cleared. 10.12 In cases of suspension of Services due to non-payment, Ace Tech DS reserves the right to levy Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
10.12 Admin and Penalty fees will not exceed R400 (charged on a sliding scale based on the number of incidents of non-payment), and this amount is based on (but not limited to) a reasonable estimation of accumulated administrative costs (such as labour), bank penalties and resubmission charges levied by payment carriers.
10.13 In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Ace Tech DS’s discretion.
10.14 Ace Tech DS reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Ace Tech DS’s discretion and may vary. The means and terms of termination will be determined at Ace Tech DS’s discretion. Notice of termination will be provided to the best of Ace Tech DS’s ability, but Ace Tech DS will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
10.15 Unless otherwise agreed:
10.15.1 Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
10.15.2 Services are billed in advance and all invoices must be paid by the Client in advance.
10.15.3 Any Services invoiced in arrears are payable on presentation of invoice.
10.15.4 All Fees and other amounts payable are quoted exclusive of VAT.
11. TERMS OF PAYMENT AND PLACEMENT OF ORDER
11.1 A 50% deposit of the total amount stipulated on the quotation becomes payable immediately on acceptance of the quotation.
11.2 Ace-Tech Digital Solutions accepts all payment methods: cash and electronic transfers payments will be accepted.
11.3 The 50% deposit payment will count as acceptance of the quote by the client, and will mean they wish to move forward with their specific needs and that they find the quote to be sufficient.
11.4 Please note the deposit is non-refundable.
11.5 Deposit payments received will not attract interest under any circumstances, and are not refundable.
12. Term and Termination
12.1 Ace Tech DS operates Month-to-Month contracts. Either the Client or Ace Tech DS may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
12.2 The Client must give notice of termination to Ace Tech DS via email to firstname.lastname@example.org or email@example.com. Cancellation of any Service is the Client’s responsibility. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Ace Tech DS will not be liable for any additional costs or compensation due to the error.
12.3 Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
12.4 Ace Tech DS reserves the right to terminate agreements based on a breach of this agreement
12.5 The Client acknowledges that Ace Tech DS may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any Service.
12.6 Ace Tech DS reserves the right to deactivate or terminate selected Products, such as Google Postmaster, Bing Postmaster, Google Postmaster Listing and Bing Webmaster without any prior notice.
12.7 Should the Client have SEO as a monthly service then the above services will be given a calendar months notice as per 12.1
13. COPYRIGHTS AND TRADEMARKS
13.1 The client warrants and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Ace-Tech Digital Solutions for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Ace-Tech Digital Solutions from any claim or suit arising from the use of such elements furnished by the client.
13.2 Any digital design that has been created by Ace-Tech Digital Solutions shall remain the property of Ace-Tech until agreement has been made between the buyer and seller.
14. Client Information and Privacy
14.1 Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
14.2 Ace Tech DS will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
14.3 The Client consents to Ace Tech DS processing Personal Information transmitted to the Ace Tech DS System in a way which is consistent with the Service being provided. Where the Client's use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies Ace Tech DS from any claim brought by such third party as a result of its failure to do so.
14.4 Ace Tech DS may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However Ace Tech DS gives no warranty in respect of the effectiveness of such backups (if any).
15. Indemnification Policy
You agree to use all Ace-Tech Digital Solutions services and facilities at your own risk. Ace-Tech Digital Solutions specifically disclaims all warranties of services or software and fitness for a particular purpose.
In no event shall Ace-Tech Digital Solutions be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Ace-Tech DS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Ace-Tech Digital Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Ace-Tech Digital Solutions against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Ace-Tech Digital Solutions.
Ace-Tech Digital Solutions shall be the sole judge of what violates this Policy.
You exempt and indemnify the registry / registrar from all loss relating to your registration of a domain name.
16. Suspension or Terminations of Service
16.1 Ace Tech DS may, subject to this Agreement suspend or terminate services of a Client in its absolute discretion by providing email notice if:
16.1.1 the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Ace Tech DS’s opinion would have a negative impact on Ace Tech DS, other clients or Ace Tech DS’s staff or is detrimental to the welfare, good order or character of Ace Tech DS; or
16.1.2 Any part of the Client’s Fees are not paid in full when due; or
16.1.3 The information the Client supplied to Ace Tech DS is found to be incorrect or false;
16.1.4 Ace Tech DS reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
16.2 Ace Tech DS reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
16.2.1 Will not be eligible for reimbursement / compensation, unless at Ace Tech DS’s discretion
16.2.2 May be further barred from signing up for any services with Ace Tech DS in the future
16.2.3 May be listed with applicable authorities and credit bureaus.
16.3 The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
17. Limitation of Liability and Indemnity
17.1 Ace-Tech Digital Solutions reserves the right to not take on a new project under certain circumstances, based on our discretion. We therefore reserve the right not to engage in business should we choose not to.
17.2 ACE TECH DS WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND Ace Tech DS WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN Ace Tech DS EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
17.3 In the event that Ace Tech DS is nonetheless held liable, the quantum of Ace Tech DS’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Ace Tech DS or any other cause.
17.4 These limitations on liability and indemnities apply to the benefit of Ace Tech DS and Ace Tech DS's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Ace Tech DS System.
17.5 Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.
17.6 If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over Ace Tech DS to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 will have full force and effect.
17.7 In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.