Terms and Conditions:

Terms and Conditions

Natural Solutions PE ("NSPE") is a South African IT, Hardware, software and web+email hosting service provider which provides a range of IT Services to its Customers. NSPE provides the Services to its Customers subject to the terms and conditions of the NSPE Hosting Terms, which include these Specific Terms, the General Terms as well as the Acceptable Use Policy which are published at AUP under their respective headings.

Interpretation and Definitions
1. Unless the context clearly indicates to the contrary, any term defined in the General Terms shall, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
2. Unless the context clearly indicates to the contrary, the following words will have the meanings assigned to them in this clause:
  1. "Abusive Content" means content which NSPE considers to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hate speech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
  2. "Application Form" means the application form completed by the Customer for the initiation of the individual Service/s as may be amended from time to time in terms of the Agreement and specifically includes any web-based interactive version as well as non-interactive electronic and paper versions of the Application Form;
  3. "Domain Name/s" means the domain name or names that is/are the subject of the Domain Services;
  4. "Domain Services" means the Services NSPE renders to the Customer in respect of the Domain Name/s as set out in these Special Terms;
  5. "Email" means the Services NSPE renders to the Customer of (i) an email box provided by NSPE to the Customer on NSPE's systems, which includes an email address and/or aliases to such email address from time to time and (ii) best endeavours virus protection and filtering for unsolicited commercial email (SPAM);
  6. "General Terms" mean the terms and conditions governing the contractual relationship between the Parties, duly supplemented by the Specific Terms;
  7. "Harmful Code" means any computer code which (i) is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms"), (ii) would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code), (iii) would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes) and (iv) any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
  8. "Location" means the NSPE situated in Port Elizabeth, while their data centre are located in Cape Town & Johannesburg as well as in Germany and/or any other address indicated by NSPE from time to time;
  9. "Misrepresentation" by a Customer includes (without limitation) (i) actions designed to deceive, mislead, defraud or otherwise make incorrect representations to any person regarding any fact or circumstance, (ii) impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose, (iii) altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations and (iv) forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
  10. "Party" and "Parties" mean NSPE and the Customer;
  11. "Registrar" means the entities referred to in clause 5 or any replacement thereof and/or any other entity who attends to the administration of Domain Names;
  12. "Server" means the computer hardware, machinery and equipment on which the software operates;
  13. "Server Hosting" means the Services as contemplated hereunder which NSPE renders to the Customer;
  14. "Software" means the operating system and applications provided by NSPE;
  15. "System Abuse" means any conduct which does or may (i) damage, impair, overburden or disable any system of any person (including us) using the Server or NSPE's hardware, software and network, (ii) interfere with any other person's use of the Internet or of the Server or NSPE's hardware, software or network, (iii) compromise or tamper with the security of NSPE's or any other person's software, hardware, systems, networks or the Server including (without limitation) spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").
Undertakings and Acknowledgements
1. NSPE undertakes to use its reasonable endeavours to provide the Services to the Customer on a continuous basis and for the duration of the Customer's agreement with NSPE.
2. Although NSPE uses reasonable care and diligence to ensure that the Services are available, accurate, complete, correct, error free, secure, up to date and/or reliable, the Customer agrees that the Services are rendered "as is" and "as available" and is used at the Customer's own discretion and risk.
Terms and Conditions Specific to Servers and Hosting
1. NSPE provides Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
  1. The Customer shall not:
  2. make any Misrepresentation;
  3. post, upload or transmit any Abusive Content by means of the Server or through NSPE's information and communications facilities;
  4. replicate or store Abusive Content on the Server;
  5. perform System Abuse;
  6. propagate, distribute or transmit Harmful Code, whether or not damage is actually caused thereby;
  7. access any of the NSPE or any third party hardware, software or network without authorisation or through hacking, password mining or any other means; or
  8. help any third party to do any of the above.
2. The Customer agrees that if NSPE, in its sole and unfettered discretion determines that the Customer has breached any of 2.1 to 3.2.7 above, NSPE shall be entitled to exercise any rights it may have available to it in law, including without notice terminate access to any Services and/or suspend or terminate any Services.
  
  Content
3. The Customer acknowledges that NSPE has no knowledge of, nor interest in Customer content hosted by NSPE or published by NSPE on the Customer's behalf on a Server or a shared hosting account and further that NSPE does not in any way contribute or approve such content.
4. Notwithstanding this, the Customer agrees that if NSPE, in its sole and unfettered discretion determines that the Customer's content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the Acceptable Use Policy, it may (i) forthwith request the Customer to remove such content; and/or (ii) forthwith require the Customer to amend or modify such content; and/or (iii) without notice terminate access to any Services and/or suspend or terminate any Services; and/or (iv) without notice, delete the offending content; and/or (v) notify the relevant authorities of the existence of such content (if required by law or otherwise), make any back-up, archive or other copies of such material as may be required by such authorities, disclose such elements of the Customer data as may be requested by such authorities and take such further steps as may be required by such authorities.
5. The Customer further acknowledges and agrees that nothing that NSPE does in the performance of its obligations in terms of the Service shall be construed as an assumption of responsibility or liability by NSPE arising from or in connection with any content as aforesaid. In particular, the limitation of liability in the General Terms shall apply specifically to any loss, destruction or corruption of the Customer's data, irrespective of the cause thereof, including NSPE's negligence and any system error or failure, whether foreseen or unforeseen.
  
  Managed Shared Hosting (Web Hosting)
6. NSPE will make an account available on a Server, where the Server is shared with other Customers. The Server will at all times remain the property of NSPE. NSPE shall be responsible for the setup, as per the standard managed hosting server configuration, of the Server at the Location on behalf of the Customer. NSPE shall not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.9 that may result from the use of such software). Such software is accordingly used by the Customer at its own risk.
7. In this environment, Customers do impact negatively on other Customers at times. Should NSPE deem a Customer's actions or activity on the Customer's account to be negatively affecting other Customers, NSPE reserves the right to relocate or disable such account or accounts without any prior notice. If the account is found to be in violation of NSPE's Acceptable Use Policy, it may result in termination of the account should corrective measures not be taken by the Customer.
8. Where appropriate, NSPE will in its sole discretion, maintain the software on its managed servers.
9. The Customer shall remain solely responsible for all bandwidth and traffic related to his hosting account. This includes regularly monitoring usage via Virtualmin and the Customer shall be liable for any over-usage charges. Any traffic management and reporting tools provided by NSPE are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any such responsibility on NSPE. Should the Customer elect to make use of any such traffic management and reporting tools, the Customer acknowledges and accepts (i) that all information will not be real time information and that there will always be a one (1) day delay in the furnishing of such information and (ii) that NSPE accordingly will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage sustained by the Customer resulting from the information not being provided in real time. NSPE is not entitled to provide the Customer with further information on traffic usage other than what it reported via Virtualmin.
10. NSPE is not responsible for any licensing of any software used by the Customer.
  
  Managed Dedicated Hosting
11. NSPE shall make a Server available to the Customer for its own exclusive use. The Server will at all times remain the property of NSPE. NSPE shall be responsible for the setup and management of the Server at the Location on behalf of the Customer.
12. All server log files remain the property of NSPE. Should the Customer request to be furnished with any server log files, a copy of the relevant log file(s) will be provided to the Customer.
13. The Customer shall under no circumstances be entitled to remove the Server from a Location.
14. NSPE will be responsible for the management of the Server, both the hardware and the software, this includes upgrades at NSPE's sole discretion.
15. The Customer shall remain solely responsible for all bandwidth and traffic management of the Server. This includes regularly monitoring usage via Virtualmin and the Customer shall be liable for any over-usage charges. Any traffic management and reporting tools provided by NSPE are provided solely to assist the Customer in this process, but do not absolve the Customer of responsibility, nor place any such responsibility on NSPE. Should the Customer elect to make use of any such traffic management and reporting tools, the Customer acknowledges and accepts (i) that all information will not be real time information and that there will always be a one (1) day delay in the furnishing of such information and (ii) that NSPE accordingly will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage sustained by the Customer resulting from the information not being provided in real time. NSPE is not entitled to provide the Customer with further information on traffic usage other than what it reported via Virtualmin.
16. Should the Server become the target or source of any form of denial of Service attack, NSPE reserves the right to disconnect the Server from the network should it deem that no other solution is possible at that stage.
17. NSPE shall not be responsible for the use by the Customer of any software that it may install (and any vulnerabilities including traffic generated as per clause 3.16 that may result from the use of such software). Such software is accordingly used by the Customer at its own risk.
18. NSPE is not responsible for any licensing of any software used by the Customer.
  
  Managed Hosting (Shared and Dedicated) Service Availability and Service Level Guarantee
  Network Uptime Guarantee
19. 1. NSPE guarantees that its network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that the Customer should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month. Network uptime includes functioning of all network infrastructure including routers, switches, firewall and cabling. Network downtime exists when a Customer is unable to transmit and receive data to and from NSPE's Managed Service and is measured according to NSPE's monitoring system.
  2. If network uptime is less than 99.9% (i.e. downtime exceeds 43 minutes in a given month), NSPE will credit the Customer 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of the Customers' monthly fee for the affected hosting account or server).
  3. The Customer shall not be entitled to the aforesaid credit (i) in the event of there being a degradation of the Service outside NSPE's control, (ii) during scheduled maintenance windows, (iii) on the happening of a force majeure event, (iv) where the downtime is attributable to failure of access circuits to the NSPE network, Domain Name Server issues outside the direct control of NSPE, DNS propagation, negligent Customer acts or omissions or outages elsewhere on the Internet that hinder access to the Customer's hosting account. NSPE is furthermore not responsible for browser or DNS caching that may make the Customer's website appear inaccessible when others can still access it. The aforesaid exclusions shall not apply where the problems arise from NSPE server links to the Internet or NSPE routers.
  4. Should the Customer wish to exercise its rights as aforesaid, the Customer shall request the same by forwarding an e-mail to NSPE at info@nspe.co.za. The e-mail shall include the domain / server name associated with the Customer's account in the "subject" line. Each request must include the Customer's account number as well as the dates and times of the network unavailability. The request must be received within 48 hours of the aforementioned downtime. Only once NSPE confirms the network unavailability according to its monitoring system, will the credits be supplied to the Customer within two billing cycles after NSPE's receipt of the aforesaid requests, in accordance with NSPE's Refund Policy Notwithstanding anything to the contrary herein contained, the total amount credited to the Customer in a particular month shall not exceed the total hosting fee paid by the Customer for the month in question.
20. Terms and Conditions Specific to email
  1. NSPE shall provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
    1. Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (e.g. SpamAssassin which is the most widely used open source filtering software and sqlgrey);
    2. Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (e.g. Clam which is a very popular open source solution).
    3. An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
    4. A POP3 (post office protocol) server for the downloading of incoming mail.
    5. A IMAP (post office protocol) server for the downloading of incoming mail.
21. NSPE shall endeavour to make the Customer's email environment secure and reliable.
22. The Customer acknowledges that NSPE shall (i) use its reasonable endeavours to support the setup and configuration and (ii) not be held responsible should there be any incompatibility between the NSPE Systems and any other third party application.
23. The Customer shall not use the NSPE Email Service to (i) send messages or communications which are unsolicited, offensive, abusive, indecent or obscene, (ii) send messages causing annoyance, inconvenience or anxiety to other users of the Internet, (iii) send messages for the purposes of fraud and/or with the intention of committing a criminal offence and (iv) use the Email Service in a way which breaches the provisions of the Acceptable Use Policy.
24. NSPE shall be entitled to prevent the sending of bulk unsolicited Email, to and/or from a Server where (i) NSPE identifies a Server that has an open mail relay, (ii) a significant volume of Email is sent from a Domain in a defined time scale and (iii) NSPE has received any complaints concerning unsolicited Email originating from a NSPE hosted Domain.
25. NSPE shall be entitled to disable a Domain held on NSPE's Servers to prevent NSPE's IP addresses being blocked by IP address blocking technologies or services, where NSPE has any complaints concerning unsolicited Email originating from or unsolicited Email being sent to promote sites being hosted on a NSPE Server. The Customer of the offending Domain will be obliged to pay any third party costs required to unblock NSPE's IP address. Refusal to do so may result in termination of NSPE's hosting services.
  
  Terms and Conditions Specific to Domain Names
26. Registration
  1. The Customer acknowledges that:
    1. 1. all Domain Names registered by NSPE on behalf of the Customer within the .ZA domain name space, or registered by the Customer directly or through third parties are subject to the terms and conditions of the relevant domain name Registry, as such terms and conditions may be amended from time to time,
      2. NSPE utilises the Services of various Registrars to register generic Top Level Domains (gTLDs such as .COM and .ORG) as well as names in non-South African country code Top Level Domains (ccTLDs such as .uk and .eu) which registration is subject to the terms and conditions of the relevant Registrar and Registry, as amended from time to time,
      3. registration, maintenance, transfer of a Domain Name is subject to the terms and conditions of the relevant Registry operator who allocates and governs such Domain Name and that NSPE cannot guarantee the registration of the Domain Name/s selected by the Customer,
      4. Registrars used by NSPE may change or be replaced from time to time.
  2. NSPE shall use its best efforts to attend to the registration of a Domain Name or, where applicable, the transfer of an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. NSPE shall insert its details as the billing and technical contact of the relevant Domain Name/s, unless the Customer registers the domain itself and / or manages the domain record with the Registrar directly.
  3. For the avoidance of doubt it is recorded that the Domain Name shall not become the property of NSPE and NSPE shall not insert its details as the registrant of such Domain Name/s.
  4. The Customer agrees (i) to pay NSPE in addition to any Service Fees, all reasonable expenses and/or charges relating to the registration, transfer or renewal of a Domain Name and (ii) that NSPE shall, as part of the Domain Services, host the Domain Name.
  5. The Customer warrants in favour of NSPE that (i) it is the lawful registrant of the Domain Name/s or it has the consent of the registrant to use such Domain Name/s or it is not prohibited by law or otherwise from registering such Domain Name/s and (ii) in using the Domain Name, it has not violated any Intellectual Property Rights of whatever nature of any person who may lawfully claim title of whatever nature to such Domain Name or to any word or name forming a constituent part of such Domain Name/s.
  6. The Customer acknowledges and agrees that NSPE has no interest in the Domain Name/s and agrees that nothing that NSPE does in the performance of its obligations in terms of the Domain Services shall be construed as an assumption of responsibility or liability by NSPE for attending to the Domain Services.
  7. The Customer further acknowledges that:
    1. 1. NSPE does not guarantee that the Domain Name/s requested by the Customer is/are available for registration or that the use of such Domain Name/s will not infringe any third party rights. Domains are available on a first come, first serve basis and are available either through NSPE or directly with a Registrar. Should the Customer register a domain through NSPE , and provide incomplete or inaccurate information which will lead to a delay in the registration process, and the domain is subsequently taken by someone else, NSPE shall not be held responsible.
      2. NSPE is not a Domain Name provider, but merely a third party agent acting on the Customer's instructions, to the extent that those instructions are possible and lawful,
      3. the registration of the Domain Name/s and its/their future availability and use are subject to the terms and conditions of use of the relevant Domain Name Registry,
      4. NSPE charges an additional fee for the administrative processes involved in applying for, and where applicable, maintaining the registration of a Domain Name/s on behalf of the Customer and
      5. any Service Fees incurred in the process of applying for, renewal and maintenance of registration of the Domain Name/s shall be borne exclusively by the Customer and are not refundable.
  8. The Customer further acknowledges that any Internet Protocol (IP) address allocated by NSPE to the Customer, shall at all times remain the sole property of NSPE who grants the Customer a non-exclusive, non-transferable licence to use such Internet Protocol address for the duration of the NSPE Hosting Terms.
  9. Without limiting the generality of the NSPE Hosting Terms and the Acceptable Use Policy, the Customer hereby indemnifies NSPE and holds it harmless against any liability and/or claim of whatever nature made by any person for any loss or damages suffered or arising directly or indirectly from the use, display and/or publication of the Domain Name/s.
    
    Changes to the Domain Name
  10. The Customer agrees that NSPE shall not be entitled to cancel, transfer or otherwise make changes to the Domain Name/s, including transferring registration of the Domain Name/s from the registered holder to another person or entity without being in receipt of:
    1. written instructions from the Customer or its authorised agent to take such action;
    2. written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;
    3. a written and valid resolution of the members/shareholders/trustees of a close corporation/company/trust authorising the transfer of the domain name from the close corporation/company/trust to the new registrant;
    4. a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to him/her/it;
    5. a letter from the executor where the registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
    6. an order of Court in relation to any of 5.10.1 to 5.10.5; or
    7. being in receipt of an order of an Arbitration Tribunal of competent jurisdiction requiring such action in any administrative proceeding to which the Customer is a party and which was conducted under the Uniform Dispute Resolution Policy adopted by ICANN, the Alternate Dispute Resolution Regulations applicable in South Africa or any similar proceedings in any other ccTLD or gTLD (see clause below).

Default in respect of the Domain Service

1. 1. Should a Customer fail to pay NSPE for the registration of any Domain Name/s, renewals, updates or changes thereto or any other charges relating to the administration of the domain, NSPE shall be entitled, in its sole and absolute discretion to (i) exercise a lien over such Domain Name/s until such time as the relevant costs or charges have been paid, (ii) procure or allow the suspension, termination or deletion of the Domain Name/s; and/or (iii) transfer the Domain Name/s.

Termination of the Domain Service

1. 1. Should the Domain Service be terminated for any reason whatsoever, NSPE shall, without incurring any liability of whatever nature and without limiting the generality of the NSPE Hosting Terms, be entitled to notify the relevant Registrar and/or Registry of such termination and to instruct such Registrar and/or Registry to remove NSPE and/or any of its systems as the host of the Domain Name/s even if no replacement is available.
  2. In the event that any of the Registrars and/or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which NSPE depends for the provision of the Domain Service to the Customer, NSPE will use reasonable endeavours to ensure the continuance of the Domain Service. In the event that NSPE is unable to ensure the continuance under any circumstances, NSPE will not be liable to the Customer or any other third party for any loss or damages (as contemplated in the NSPE Hosting Terms) incurred by the Customer or by any third party arising from, or in any way relating to, the termination of the Domain Services.

Domain Name Disputes

1. 1. Various alternate dispute resolution mechanisms apply in respect of domain names registered globally, including the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs, the Alternate Dispute Resolution Regulations applicable in South Africa and similar proceedings in other ccTLDs. Such mechanisms allow for the resolution of disputes concerning the registration and/or use of a domain name.
  2. Disputes between the Customer and any third party regarding the registration and/or use of the Domain Name/s registration may be brought in terms of such alternate dispute resolution mechanisms and/or a Court or Arbitration Tribunal that may be available to the Customer and such third party.
  3. NSPE will not participate in any way in any dispute between the Customer and any third party. In the event of the Customer involving NSPE in any dispute, the Customer hereby furnishes NSPE with the indemnity as provided for in clause 12 of the General Terms. It is specifically recorded that the Customer shall be responsible for all legal costs incurred by NSPE or the attorney and own Customer scale.

Terms of Use

This web site is currently developed and maintained by Natural Solutions PE aka NSPE (hereafter referred to as NSPE, we, us, or any other reference that refers to the company in the first person) .

Privacy policy: Our privacy policy forms part of these terms.

By accessing, using any functionality or making a purchase through this website ("the site"), or by making any purchase from NSPE, you, the user of this site, enters into the following agreement with Natural Solutions PE. ("NSPE", "we" or "us", "ourselves").

We offer this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (the "Website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices.

As a condition to your continued use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties

USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Neither we nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of us.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Featured Links and Linking

The Website may contain hyperlinks to websites offered by parties other than ourselves. Such hyperlinks are provided for your reference only. We do not control such other websites and are not responsible for their content; nor do the inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators.

Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website.

We reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 30 days. Under no circumstances may you "frame" the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

Copyright

Except for material in the public domain under South African copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by South African and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.

You may make single copies of materials displayed on the Website, but not source codes, for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from us, or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to: info@NSPE.co.za

Source code

You agree not to view the source code or to disassemble any code in the Website.

Using our name on your own site

This includes, but is not limited to, using our web site's name, company name or logo on your own Internet web site's meta tags, content or source code to confuse or to divert users to your own web site based on our reputation and name, or to display your web site on search engines when users are doing a search for our site or company.

You agree that we may request your web site to be removed immediately and without notice from any directory or search engine if you have used our web site's name, company name or logo on your own site without our written permission.

Malicious intent and compensation for damages to our business

If you are viewing or retrieving any part of our site with malicious intent, or if you intend on using any code or content to criticise our business in any way to any third party, or to hamper, cause damage or to attempt to stop the business from running in it's normal day to day dealings, you agree that you will fully compensate us any revenue that has been lost as a result from such action, and that you will pay the maximum interest allowed by law. You further agree to pay all the legal and investigative costs arising from any action that will be taken.

By viewing this site, you agree that we have been given your full permission to retrieve your details from any other party without the requirement for any legal documents or formalities, and that if it is suspected that your intent is to cause harm to our business, that any terms and conditions applied by any third party to protect your identity or privacy, will immediately become null and void.

Public Posting Area

You agree not to use the Website to send or submit for public posting any libelous, slanderous, defamatory, abusive, obscene, profane, sexually explicit, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law, or other material of any kind that we find objectionable.

The public posting areas are for discussion and debate only. You may not use the public posting areas to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. We shall have the right, but not the obligation, to monitor the posting areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that may be established by us from time to time.

By posting messages or other material in the public posting areas of the Website, you are granting to us and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Termination of Privileges

We reserve the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If we receive notice or otherwise discover that you have posted material that infringes another party's copyright rights or violates another party's rights of privacy or publicity, we may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.

Copyright Infringement

We do not monitor user-submitted materials for copyright infringement. If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending us a notice that includes all of the following information:

your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for us to locate the material
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to info@NSPE.co.za

Upon receipt of notice complying with the above requirements, we will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.

If we remove materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying our designated agent in writing and including the following information:

your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
your physical or electronic signature

Upon receipt of a notice meeting the above requirements, we will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, we will replace or enable access to the removed material unless we receive notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to ourselves and/or the copyright owner or Website user.

General

These Terms and Conditions constitute the entire agreement and understanding between you and ourselves with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. We reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by us. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Website is controlled and operated by NSPE from its office in the province of Gauteng, South Africa. NSPE makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject NSPE to the laws or jurisdiction of any province, country or territory other than the Province of Gauteng and South Africa.

Terms of Sale

You agree that Quotes and Invoices are not valid without these terms of sale, and that you have read and understood these terms in full.
Our online stores do not reflect credit card prices. If a credit card facility is provided, it will be provided by a secure and established third party payment gateway that guarantees your online security, and additional third party fees may apply.
All information and prices on the site, and on the price guides, should be treated as an invitation for you to make an offer to purchase and we remain entitled to reject any offer to purchase without giving reasons. The purchase contract will only be concluded once the order has been accepted by NSPE.
A quote is required in order to make payment and to complete a purchase. Incorrect or incomplete payments may be refunded back to a South African bank account, or may be used as credit towards a new purchase.
We resell products and/or services on behalf of our suppliers. The warranty is fully covered by the official local suppliers.
Suitability of goods: Since the use of the product is outside our control, we do not warrant the suitability of goods. Kindly check the suitability of products before making a purchase. The user agrees that by purchasing a DSP license (of any software), that the user is (a) a system builder and (b) that the software will be used for new computers. The user agrees to return such (unused) software immediately if a license is incorrect for a refund or replacement of the correct license.
Payment: All payments are in advance, by bank transfer or by cash.
Cheques: Due to cheque fraud, we regrettably do not accept cheques.
Credit card payments: We do offer credit card facilities directly via our website or through a speed point. All card payments are done through a secure online payment gateway, who is a third party. You must accept their terms and conditions, which is in addition to our own terms and conditions of sale.
Collections and cash on delivery (COD): Regrettably we are not able to do COD as courier companies do not accept cash on our behalf.
Warranties: All warranties are fully covered by the official South African supplier. The warranty may not always be the same as the International manufacturers' warranty and may differ. Software and consumables, such as ink, paper and media, are not covered by a warranty. All warranties, unless stated otherwise, are carry-in: products are to be sent to us at the customer's expense, and the product is to be collected at the customer's expense. Batteries and LCD / LED screens are covered for 3 months, irrespective of the products' warranty, unless stated differently. Defective pixels on screens are not covered by a warranty if it falls within an acceptable range as set by the supplier. This is an industry standard with all LCD / LED screens.
Warranty periods: The official South African supplier covers the warranty on their products. In the highly unlikely event that the official South African supplier is no longer able to cover a warranty, we will do our best to find a supplier who will cover the balance of warranty. Our suppliers may change their warranty. The suppliers' warranty overrides the warranty indicated on our own invoices. It is the customer's responsibility to ensure that the product is returned to us well before the warranty expires. We need to receive the product at least 5 days before the warranty expires, so that we may return it to the supplier before the warranty expires.
On-site warranties: On-site warranties are covered by the official South African supplier.
Extended warranty: Extended warranties are covered by the official South African supplier.
Warranty exceptions: The warranty does not cover physical damage. Damage that is not covered by a warranty includes, but is not limited to, physical damage, burnt components, lightning and surge damage. Kindly ensure that your product is insured, that the insurance company has the correct serial number, and that the product is protected by a lighting and surge protector.
Any device or hardware that has been used for any purpose other than for which it was made for, voids the warranty. This includes, but is not limited to, using the device or hardware for "crypto currency mining". Unless the device or hardware has been specifically manufactured for that specific purpose, the device or hardware will not be replaced, repaired or refunded as the device was never intended to be used for such purpose. If the supplier agrees to a refund, then the client will be entitled to the refund offered by the supplier, which will be less than the price which was originally paid for the hardware.
Dead on arrival (DOA): Several suppliers offer DOA replacements at their discretion, and reserve the right not to replace a product. DOA will not be honoured when :
- Units that are incomplete or have missing items or components
- Units received that are incorrectly configured by Manufacturer or a partner
- Software issues that can be corrected by a reload
- Outdated firmware that can be corrected with updating of firmware levels
Prices and specifications: The prices displayed on our site and on our downloadable price guides are for reference purposes, and are subject to change without notice.
Stock availability: Stock availability is not guaranteed and needs to be confirmed before payment is made. Due to the nature of our business, stock cannot be held and will continue to be sold on a first come, first serve basis. Stock will not be reserved.
If no stock is available: Stock availability is not guaranteed. If stock is not available, then the quote becomes void since the product on which the quote was based on is no longer available. A credit will be issued, and the credit may be used for a different purchase, or may be refunded.
Order on request products: "Order on request products" are products that need to be ordered at suppliers on special request. "Order on request" products that are specially ordered are not returnable and are non-refundable once they have been received. Unfortunately, prices for "order on request" products are not guaranteed and may change. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer.
Specials, promotions and open box promotions. Products that are on special, are on promotion or that is sold as "open box" are available for a limited period of time, and are only valid while stocks last.
Any promotion product returned within 7 days will be entitled for credit, subject to our other terms, and no replacement will be made available. Please note that no credit or refunds are issued after 7 days.
Open box products are products where the box has been unsealed and opened, or where the product has been removed from the original box, and may be a demo unit or are a customer return. These products are discounted, or are bundled with other products. A reduced warranty period might apply to the open box product.
Courier and delivery charges: Courier and delivery charges for the transport of goods to the customer, or for the return of goods to us, becomes payable by the customer. Delivery charges are not refundable. Should a customer return a product using our account, the amount becomes payable by the customer. Delivery charges will be deducted from the refund due to the customer.
Sending orders and confirmation of receipt - All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase ("the order") and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto.

Although our site is set up to confirm receipt of your order ("confirmation"), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. Please do not re-submit your order as this may lead to a duplicate transactions. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. To protect you from possible fraud, we may need to verify your identity and to conduct credit checks.
Trial - No Goods are sold on a trial basis.
Cash refunds - We do not issue cash refunds under certain circumstances.
Errors on our website and/or other communication from our company (E&OE): You may be entitled to a credit on the product, subject to our approval and subject to the rest of our terms of sale. Please inform us immediately of errors.
Errors in advertised prices (E&OE). Should an inadvertent and obvious error occur in an advertised price, then the price is invalid and any quote or invoice based on the incorrect price will be null and void in accordance to Section 23 of the Consumer Protection Act.
Credit and returns - Credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice. All items returned attract a minimum of 15% re-stocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%. All goods returned are to be correctly packaged. Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact (sealed and re-saleable). Items that are not correctly packaged will attract a minimum 20% handling charge.
We may refuse to give a refund on products that have been opened, used, installed, damaged or that are not correctly packaged.
Products that have been physically opened will not be refunded. This includes, but is not limited to, printers, computers and laptops that have been opened to change, or upgrade, components. The warranty will be voided in cases where we believe electrical static discharge precautions were not taken.
Software cannot be returned.
If the customer has used the product, installed or activated any software on the product, we reserve the right to charge rent for its use.
No credits will be issued after 7 (seven) days.
Returns are accepted and full refunds are offered for products that are incorrectly displayed / described on our website, on condition that the product is returned immediately, undamaged and in its original packaging. Although every effort has been made to ensure accuracy, our suppliers or manufacturers do, on rare occasions, change specifications without notice, and this affects the accuracy of the data on our site.
The price remains valid for the Product Code only and not for the described product. We will correct the error on our database and inform the supplier immediately.
Exclusions for credit- No credits will be issued on Printer Cartridges, Software and CD's.
Quotation validity - A quotation is only valid if it has been received by you in an unchangeable, secure format, and has not been altered in any way. Quotes are only valid while stocks lasts, and all prices, special offers and promotions will not be extended once stock has been sold out.
When a quote is issued, discounted pricing may have been applied to bundled products. The quote is only valid when all the items on the quote are purchased as a whole unit in one consignment.
Delivery charges - Delivery charges apply for deliveries. When "Free delivery" appears on your quote, then free delivery applies to your order.
Delivery will take place during work days during the day. If a customer is not at their premises when a delivery is attempted, then we reserve the right to charge the customer for delivery. Please help us by ensuring that we have your correct (and complete) address. Once goods have been signed for at the delivery address, the order will be considered delivered. Please note that deliveries to plots, farms and construction sites are not possible. If delivery is to be made inside a security estate, or at a company, please inform your receptionists and/or security about the delivery. Also note that courier companies do not always call before delivering.
Delivery charges paid by the customer on delivery - If the words "delivery" appears on your quote, but a delivery charge is omitted, or is given as 0 (Zero), then this means that the customer requires delivery but that the customer is directly responsible for the delivery charges directly with the courier company. The customer will pay the courier company directly upon receiving the goods.
Collection - If the words "delivery" does not appear on your quote, then this means that the goods will be collected from us in Centurion.
Returning of goods - If you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, depending on the condition of the returned products and subject to our other terms, we reserve the right to reject the return.
Waiting period on warranty returns - The average turn-around time on some products is 3 weeks. However, this may be as little as 48 hours, or may take longer than 3 weeks when the supplier experiences stock shortages or unforeseen delays. We will do our best to speed the process up as much as possible.
Repair warranty - Repairs carry a 90-day warranty. The warranty period will commence from Invoice date.
Failure to collect repaired goods - Repairs that are not collected after a reasonable time will be sold to defray costs.
Damage and defects on returns - Damage and defects which are, in our suppliers' opinion, directly caused by incorrect or improper use, neglect, power surges, lightening damage, or mishandling by the customer are specifically excluded from any warranty or guarantee given or implied. Removal or damage (including tampering) to any bar code or serial number voids the warranty.
Completion of work - Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as chargeable and will form a new contract.
Classified data - We cannot guarantee safety of any classified Data. Please create regular backups and keep classified information in an encrypted drive.
Software support - We will only support the Operating System supplied by us, we cannot offer support for any other software packages.
Manufacturer's extended warranties - The manufacturer honours their extended warranties directly.
Goods supplied as gifts or for free - If the words "free", "gift" or a currency value of zero (0) appears next to an item, then these items do not carry warranties.
In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for carriage and/or labour.
In the event that a system or hardware is sent to us under guarantee and it is discovered that the system is functioning as intended, we may, at our discretion, charge for carriage and/or labour.
In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen as a result of a software issue, we may, at our discretion, charge for carriage and/or labour.
New components installed as the result of an upgrade will have a one-year warranty from the date of their purchase.
If, during the course of an upgrade and/or repair, it is necessary to reinstall the customer's software or operating system, the customer may have to supply us with software installation disks and/or serial numbers. Failure to provide installation disk and/or serial numbers may make it impossible to install such software and/or operating systems.
Hardware and software bugs are corrected by the hardware or software manufacturers with updates, please keep your system updated.
If you have any queries regarding a purchase, please contact us on within 24 hours of receiving the product. This includes errors, missing components (hardware, software, manuals, etc.), invoices, charges or payment queries.
We reserve the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means.
Late payments on credit purchases - All purchases made on credit, or on a credit account must be paid within 7 days from the date on your invoice, bill or statement, whichever is first, or whichever applies. Upon failure to pay within 7 days, the full outstanding amount will attract interest at 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
Debt collection -If a customer fails to pay after 60 days, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. There is no maximum fee. You agree that all hardware and software remains the property of NSPE. until full payment has been received by us, that we reserve the right to recover unpaid goods and that we may charge rent for their use. In addition, you agree to pay any additional expenses that our company has suffered in order to recover and resell these goods.
No representations or warranties - The site and the information on the site are provided "as is" and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ("the current version"). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.

Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

Notices and address for service: For purposes of these online terms NSPE will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.

All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with the company.

Check us out on anyone of the below review sites for honest reviews of clients.

ZA.LOCALE.ONLINE

AFRICABZ.COM

What to give us a review?

Just click on anyone of the above and choose 'write review'. We would love your input on how we have been of service to you.

Designed and Copyright to Natural Solutions PE 1999-2023
Terms & Conditions Apply | Privacy Policy | POPPI |