Website Terms & Conditions


 

1. These terms and conditions
1.1 represent the entire agreement between the parties and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by the Client and a duly authorized representative of Tenacity Computer Services (hereinafter referred to as “the Company”);
1.2 are final and binding and are not subject to an suspensive or dissolutive condition;
1.3 expressly exclude any conflicting conditions stipulated by the Client;
1.4 apply to all employees, servants and agents of The Company.
2. Payment Options & Terms
2.1 The Company accepts the following payment methods:
2.1.1. Credit Cards – Visa & MasterCard
2.1.2. Electronic Funds Transfer
2.2 The Company Payment terms are as follows:
2.2.1. No order will be binding on The Company until it has been accepted by its management.
2.2.2. The Client is required to attend to payment prior to the business accepting the order.
3. Credit Card Acquiring and Security
3.1 Card transactions will be acquired for Tenacity Computer Services (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring
Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.
3.2 Users may go to www.paygate.co.za to view their security certificate and security policy.
4. Pricing
4.1 Price, specifications and terms are subject to change without prior notice. The Client must therefore determine prices, specifications and terms prior to placing an order.
5. Orders
5.1 All orders and variations to orders are subject to these terms and conditions. Only written orders and variations to orders will be accepted by the Company.
6. Cancellation of Orders
6.1 The Client may request the cancellation of an order, prior to delivery, by contacting our offices during business hours.
6.2 Any order is subject to cancellation by the Company should the goods ordered become unavailable or due to force majeure from any cause beyond the Company’s reasonable control.
7. Processing Times
7.1 The Client can expect an order to be processed within approximately 5 business days, provided the items are in stock and there and the payment has been verified.
7.2 The Company does not guarantee same day shipping.
7.3 Clients should also note that no orders will be processed on weekends and official public holidays.
7.4 The Company will notify the Client should there be any delay in obtaining/delivering any goods ordered.
7.5 Should any order remain undelivered within 14 days from the date the order was placed, the Client may cancel the agreement by giving the Company 7 (seven days) written notice.
7.6 Any order is subject to cancellation by the Company should the goods ordered become unavailable or due to force majeure from any cause beyond the Company’s reasonable control.
8. Delivery
8.1 Any delivery note or waybill (copy or original) signed by the Client and held by the Company shall be sufficient proof that delivery was made to the Client and are in accordance with the quantity reflected thereon.
8.2 The risk of damage to or destruction of goods is passed to the Client on signature of the delivery receipt upon delivery to the Client or the Client’s nominated representative and the Client undertakes to insure the goods fully, until paid for in full.
8.3 If the Client chooses to engage in its own third party to transport the goods, the Client indemnifies The Company against any claims of whatsoever nature that may arise from such an agreement.
8.4 The Company warrants that it will use its best endeavor’s to meet such delivery times. To the extent allowed by law, the Company shall not be liable for any loss or damage, of whatsoever nature, which the Client may suffer as a result of any incorrect or delayed delivery, tampering of installation, commencement or performance, unless the aforesaid has regard to circumstances within its reasonable control.
9. Warranties
9.1 The Company warrants that the goods which have been supplied by the Company and delivered to the client shall be free from defects and subject to the statutory and supplier’s warranties.
9.2 The warranty shall immediately be rendered null and void in the event of any of the following:

  1. Failure to use the goods in accordance with instructions and specifications provided;
  2. If the goods have been subjected to physical damage, abuse, misuse, alteration, neglect, tampering, improper maintenance, or has been serviced, repaired, installed by persons not possessing the necessary qualifications required to do so;
  3. The goods are not accompanied by original Tax Invoice
10. Returns
10.1 A Client may return goods in the following instances:

  1. within seven days of date of the receipt of the goods, except for those goods contemplated by Section 42(2) of the Electronic Communications and Transmissions Act, but the Client will be responsible for applicable shipping; or
  2. within the aforementioned warranty periods if the goods are defective; or
  3. within 10 business days, if the Company has made an error in delivery.
10.2 The Company will however not accept the return of goods contemplated by 10.1.1 and 10.1.3 above, if the goods have been:

  1. partially or entirely disassembled;
  2. physically altered;
  3. permanently installed, affixed or attached;
  4. joined or added to or blended or combined or embedded within other goods or property.
11. Return Procedure
Stipulate the Company’s return procedure
12. Repairs
12.1 In the case of repairs undertaken by the Company, repair times given are merely estimates unless expressly agreed upon in writing by the Company.
12.2 The Company shall not be liable for any loss or damage of whatsoever nature which the Client may suffer as a result of any unforeseen costs and/or delayed repairs.
13. Limitation of Liability
To the extent allowed by law, the Company shall not be liable for any loss or damage of whatsoever nature, including loss of profit arising out of delays or failure to deliver due to fire, explosion, unavoidable breakdown of machinery, government acts and/or regulations, strikes, war (declared or not) or by any other Act of God or similar circumstances, unless the aforementioned is attributed to circumstances within the Company’s reasonable control.
14. Service Address and Notices
For all purposes under this agreement including giving of any notice, the payment of any amount, the service of any process and for all other purposes arising from this agreement the Client hereby choose the delivery address furnished by the Client.
15. Waiver and Cession
Neither party shall be entitled to cede and/or delegate any of its rights and obligations arising from or in connection with this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.
16. Jurisdiction
Any dispute arising out of or related to these Terms and Conditions shall be governed by the laws of the Republic of South Africa. The Client consents to the jurisdiction of the Magistrate’s Court of the district of Cape Town.
17. Privacy
POPI (PROTECTION OF PERSONAL INFORMATION)

What is the POPI Act

We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.

Why do we collect Personal Information

We collect personal information in order to liaise with you telephonically, via our website or email so that we may:

  1. respond to any query or comment received from you;
  2. inform you of new services;
  3. enable us to process, validate and verify information and requests for the supply of goods and/or services;
  4. for the purposes for which you specifically provided the information; and
  5. generally to improve your experience on our website.

Minors

If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.

Processing of Information

We will share your personal information:

  1. in order to comply with applicable law or with legal process served on our company;
  2. in order to protect and defend the rights or property of our company; and
  3. with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.

Collection of Information by “Cookies”

You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

Security Measures

We will:

  1. treat your personal information as strictly confidential;
  2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
  5. We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.

Your rights

You have the right at any time to:

  1. rectify the Personal Information collected by us;
  2. object to the processing of Personal Information (subject to legislation);
  3. request the return or destruction of Personal Information (subject to legislation);
  4. lodge a complaint with the company.

All enquiries must be addressed to the information officer: Alastair Sproul who can be contacted via email at a@tenacityit.co.za or via on 087 550 1732.