Before you can send sms's from our platform, you are required to accept our Terms and Conditions below by clicking on the 'I Accept button'.
By accepting, you also agree to comply to the WASPA Code of Conduct. This can be viewed here: WASPA - Code Of Conduct
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1. The Customer agrees that (a) this agreement represents the entire agreement between the Customer and Dev Squared Designs (Pty) Ltd (thereinafter called the "Organisation") and that no alterations or additions to this agreement may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of the Organisation; (b) that his agreement will govern all debts between the parties and (c) is applicable to all existing debts between the parties and (d) this agreement is final and binding and is not subject to any suspensive or dissolutive conditions and (e) subject to the Code of Conduct imposed on us by the industry association WASPA.
2. The Customer hereby acknowledges that he/she has read and understood each term of this agreement and accepts them as binding.
3. The Customer acknowledges that no representations were made by the Organisation in regard to the goods or services or any of its qualities leading up to this agreement.
4. The Customer agrees that neither the Organisation nor any of its employees will be liable for any negligent or innocent misrepresentation made to the Customer.
5. It is the sole responsibility of the Customer to determine that the goods or the services ordered are suitable for the purpose of intended use.
6. All quotes will remain valid for a period of 7 days from the date of quote. The validity of any price quoted is subject to any increases in the cost price of the Organisation before delivery of the service and subject to the availability of connectivity (i) via the Internet; (ii) the GSM network; (iii) a link between the submitting GSM operator and the destination GSM network.
7. The Customer hereby confirms that the services on the invoice issued duly represent the services ordered by the Customer at the prices agreed to by the Customer and where performance/delivery has already taken place that the services were inspected and conform to the quality and quantity ordered.
8. All orders or variations to orders, whether oral or in writing, will be binding and subject to these standard conditions of agreement and may not be cancelled.
9. The Organisation shall be entitled in its sole discretion to split the delivery in the quantities and on dates it decides.
10. The Organisation shall be entitled to invoice each delivery actually made separately.
11. If the Organisation agrees to engage a third party to provide these services, the Organisation is hereby authorised to engage a third party on the Customer's behalf and on the terms deemed fit by the Organisation. The Customer agrees to indemnify the Organisation against any claims that may arise from such agreement against the Organisation.
12. Delivery and transmission times given are merely estimates and are not binding on the Organisation.
13. In the event of the transmission being ineffective, the rights of
the Customer are limited to the submitting GSM Network's guarantee of the
service. Services from the Organisation carry no guarantee.
a. Under no circumstances will the Organisation be
liable for any consequential damages or any liability of any nature
whatsoever.
b. Under no circumstances will the Organisation be
liable for any damage arising from any misuse of the services.
14. No claim under this agreement will arise unless the Customer has, within 7 days of the alleged breach or defect occurring, given the Organisation 30 days written notice by prepaid registered post to rectify any defect or breach of agreement.
15. The Customer agrees to pay the amount on the invoice at the
offices of the Organisation
(a) cash on order, or
(b) if the Customer is a Credit Approved Customer, within the granted credit
period as specified on the Dealer Application after an invoice is issued by the Organisation.
16. Services paid for in advance of delivery are not refundable, but may be used for delivery to any destination serviceable by the Organisation at the standard rate for that destination.
17. Service paid for in advance must be consumed within 12 months of the date of advance payment.
18. The Customer has no right to withhold payment for any reason
whatsoever.
a. The Customer is not entitled to set off any amount due to the
Customer by the Organisation against this debt.
19. The Customer agrees that the amount due and payable to the Organisation shall be determined and proven by a certificate issued by the Organisation and signed on its behalf by any duly authorised person, which authority need not be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
20. The Customer agrees that interest shall be payable on any monies due to the Organisation at the maximum legal interest rate prescribed in terms of the Usury Act, from the date they fall due. In the case of late payment interest shall be calculated from the date of order.
21. The Customer agrees that if an account is not settled in full (a) against order, or (b) within the period agreed in clause 10 above in the case of a Credit Approved Customer; the Organisation is (i) entitled to immediately institute action against the Customer at the sole expense of the Customer; or (ii) to cancel the agreement and take possession of any goods delivered to the Customer and claim damages.
22. The Customer shall be liable to the Organisation for all legal expenses (including collection fees) on the attorney-and-client scale of an attorney and counsel incurred by the Organisation in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this agreement. The Customer will also be liable for any collection or valuation fees incurred.
23. The Customer shall furnish sufficient security in lieu of costs in any action instituted by or against the Customer.
24. The Customer agrees that the Organisation will not be required to furnish security in terms of rule 62 of the Rules of Court of the Magistrate's Courts.
25. The Customer agrees that no indulgence whatsoever by the Organisation will affect the terms of this agreement or any rights of the Organisation and such indulgence shall not constitute a waiver by the Organisation in respect of any rights herein. Under no circumstances will the Organisation be stopped from exercising any of its rights in terms of this agreement.
26. The Organisation shall have the right to institute any action in either the Magistrate's Court or the Supreme Court at its sole discretion.
27. Any Document will be deemed to be duly presented to the Customer with (i) 3 days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer's fax numbers or any director or member or owner of the company.
28. The Customer chooses domicillium citandi et executandi the business address or the physical address of any director (in the case of a company), member (in the case of a close corporation), or of the owner(s) or partner(s).
29. The Customer agrees to the standard rates of the Organisation for any goods or services rendered, which may be obtained on request.
30. The invalidity of any part of this agreement will not affect the validity of any other part.
31. Any order is subject to cancellation by the Organisation due to force majeure from any cause beyond the control of the Organisation including (without restricting this clause to these instances): inability to secure labour, power, internet services, GSM network connectivity, materials or supplies, or by any act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation. This agreement becomes final and binding on acceptance of our Terms and Conditions.