Terms & Conditions of Service

All the legal bits and bobs

Terms And Conditions

Due to the wide scope of services Posilco Online (Pty) Ltd (PoSillCo) (Previously Operating as Posil Consulting CC) delivers we have various Terms and Conditions that govern our delivery and interaction with clients. When making use of our website or any of the PoSilCo services you confirm that you have read, are in agreement with and bound by all the Terms and Conditions that are relevant to you/your organization (should you be representing an organization).

These Terms and Conditions may be changed at any time without prior notice. We will make changes by modifying our web site and updating it to https://www.posilco.com/terms-and-conditions/.

Below are our Terms and Conditions. Please note that they should all be read in conjunction with one another as some clients will make use of various services each with its own additional set of Terms and Conditions

General Terms & Conditions

Due to the wide scope of services PoSilCo delivers we have various Terms and Conditions that govern our delivery and interaction with clients. When making use of our website or any of the PoSilCo services you confirm that you have read, are in agreement with and bound by all the Terms and Conditions that are relevant to you/your organization (should you be representing an organization).

By placing an order with Posilco Online (Pty) Ltd, you confirm that you have read, are in agreement with and bound by all our applicable Terms and Conditions found at https://www.posilco.com/terms-and-conditions/

These Terms and Conditions may be changed at any time without prior notice. Our latest Terms and Conditions will be published to our web site and updated to https://www.posilco.com/terms-and-conditions/.

  1. Definitions:
    1. The Client: The company or individual requesting the services of PoSilCo.
    2. PoSilCo: Posilco Online (Pty) Ltd Reg: 2019/506470/07 Previously trading as PoSil Consulting CC Reg: 2009/081 041/23, its owners, members, directors, shareholders and employees.
  2. General
    1. PoSilCo will carry out work only where an agreement is provided either by web application, email, telephone, mail or fax. PoSilCo will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between PoSilCo and the Client, this includes telephone and email agreements.
    2. PoSilCo cannot take responsibility for any copyright infringements caused by materials supplied by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    3. PoSilCo will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
    4. PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
    5. PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by PoSilCo or its agents.
    6. Any document, process, scripts, applications or software (unless specifically agreed) written by PoSilCo remain the copyright of PoSilCo and may only be commercially reproduced or resold with the permission of PoSilCo.
    7. PoSilCo reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
    8. We will not share or sell any of your details to third party companies. Please read our full Privacy Policy on our Terms and Conditions Page.
  3. Complaints Procedure
    1. Informal procedure – Anyone who experiences a problem with a service provided by PoSilCo should raise the matter directly using askus@PoSilco.com to do so, giving sufficient information and clearly outlining the grounds for the complaint.  PoSilCo will approach the individual responsible for the deliverables in question with a view to resolving the matter to the satisfaction of the complainant.
    2. Formal complaints procedure – The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.  A formal complaint should be made in writing to PoSilCo, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. Formal complaints should be sent to management@posilco.com or faxed to 086 587 9208

E&OE

Payment Terms & Conditions

General Payment Terms

  1. 100% payment is due within 3 business days from invoice date.
  2. Payment to be made into our bank account. Our bank account details are at the bottom of our invoices and statements.
  3. Cash payments into our bank account carry a surcharge (an additional fee due by the client) of ZAR25 per cash deposit.
  4. We charge clients for our time. The price for each service is calculated according to the time that will be spent performing a set of work. The only services excluded from this is our monthly hosting services.
  5. PoSilCo does not provide refunds. Once work is commissioned and has commenced the full amount will be due as per our terms.
  6. Monthly Bill Run: Our monthly invoices are generally sent out between the 23rd and the 27th of each month. With the exception of our December invoices that are sent out between the 5th and the 15th of December. Payment of monthly invoices are due within 3 business days. This excludes December invoices, payment of which is due by the last business day of December.

Payment Policy

  1. It is the PoSilCo policy that 100% payment is due within 3 business days from invoice date. There are no exceptions to this, i.e. If the client decides they no longer want the service, as they have commissioned the work they are obliged to pay the full outstanding amount or monthly fee whichever is relevant. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
  2. The risk of payment by cheque through the post rests with the Client.
  3. The Client has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Client and any such extension will not be applicable or enforceable unless agreed to by PoSilCo, reduced to writing and signed by the Client and a duly authorized representative of PoSilCo.
  4. The Client is not entitled to set off or deduct any amount due to the Client by PoSilCo against this debt.
  5. The Client agrees that a certificate signed by any Member of PoSilCo shall be prima facie evidence of the amount due and payable to PoSilCo by the Client including any interest, penalties and costs for the purposes of debt collection or judgement, including provisional sentence or summary judgement, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate.
  6. All our terms and conditions are to be read in conjunction with each other.

Penalties for late payment

  1. The Client agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any moneys past due date to PoSilCo and that interest shall be calculated daily and compounded monthly from the date of Invoice.
  2. Any discount or rebate offered by PoSilCo shall be forfeited if payment in full is not made on or before the due date.
  3. In the event of a breach of our payment terms and without restricting or revoking any other rights PoSilCo may have in law, PoSilCo shall have the right to claim from the Client the following costs:
    1. If payment has not been received in full by the payment due date a penalty fee of R50.00 per overdue invoice;
    2. If payment by cheque is referred to drawer for whatsoever reason, an amount of R90.00 per affected cheque;
    3. If the Client debit order is returned due to lack of funds, an amount of R60.00;
    4. If default necessitates the contact of the debtor by PoSilCo, an amount of R50.00 per call, email or SMS;
    5. If default necessitates a personal visit by PoSilCo, an amount of R100.00 per visit;
    6. Cost for issuing a Letter of Demand at R16.50;
  4. The Client agrees that if an account is not settled in full as per our Payment Terms or if the Client commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Client, or if he commits or permits any act that may prejudice the rights of PoSilCo; then in any of these events PoSilCo may in its sole discretion either; (i) be entitled to immediately institute action against the Client at the sole expense of the Client; or (ii) claim damages.
  5. PoSilCo shall be entitled to immediately suspend any service and withhold any work while the Client is in breach of any of the terms of any contract between it and PoSilCo.
  6. PoSilCo shall have the right to pass any claim to the Small Claims Court or any other legal avenue available to us to pursue payment; non-payment can result in court judgements being added to the clients credit rating. These remedies are without prejudice to any other right PoSilCo may be entitled to in terms of this agreement or in law

Web Design, Database, E-Commerce and Application Development Work

  1. 70% deposit is required upon acceptance of quotation. If a quotation includes discount on the terms that no split payments will be made, 100% payment will be due on acceptance of quotation. Payment of these invoices will be as per our General Payment Terms.
  2. Remaining amount once the website has been completed and approved on our test space. Completed work will only be loaded on client domain once full payment has been received.
  3. Should PoSilCo wait for content and/or feedback from the client, the client will have 5 business days to provide such content and/or feedback. Should all outstanding content and/or feedback not be supplied within the 5 business days the full outstanding amount owed to PoSilCo will become payable immediately and PoSilCo will complete the work once the client has supplied PoSilCo with the relevant content and/or feedback.
  4. Should the site exceed 15 pages or be an E-Commerce (Online Shop) site the full outstanding amount will become due when the client approves the site design or application framework.
  5. Should PoSilCo wait for content and/or feedback from the client that is in anyway holding up the project, the client will have 2 months to provide such content and/or feedback. Should all outstanding content and/or feedback not be supplied by the client within the 2 months PoSilCo will charge a “Project Reboot” fee at 10% of the total project cost quoted. This Project Reboot Fee will be charged and become due on invoice once the client has provided the outstanding content and/or feedback. PoSilCo may refuse to continue working on the project until the Project Reboot Fee has been paid in full.
  6. Once any work has been completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the Site, Database, E-Commerce or Application as they have commissioned the work and paid a deposit they are still obliged to pay the full outstanding amount. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

Design Work

  1. As per our General Payment Terms

Monthly Maintenance/Management Fees

  1. As per our General Payment Terms

Shared Web Hosting

  1. The customer shall pay to PoSilCo all applicable charges, tariffs, fees and other amounts (“charges”) as may be set out in this agreement or on our price list, in respect of the provision of the services to the customer.
  2. PoSilCo will be entitled to adjust any of its charges, including without limitation tariff increases as on the 1st of January, at any time by giving the customer a 30-day electronic notification of such adjustments.
  3. Minimum rental period is the amount of months that a customer decides to pay for services upfront i.e. Should a customer pay for 6 months upfront the minimum rental period will be six months or should a customer elect to be billed annually the minimum rental period will be 12 months.
  4. All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as Rental charges: levied periodically, usually on a monthly or annual basis and subject to a minimum rental period or as determined by PoSilCo from time to time for each Service or service promotion. Rental charges are payable in advance for the first and any subsequent rental period, as from the date on which the Service is established. Where the Customer requests the termination of a Service the rental amount, if any, paid for a period after the official date of termination will be credited to the Customer. If the Customer requests that a Service be terminated prior to the expiry of the minimum rental period, the non-expired part of the rental period will stay in force. In such cases the Customer shall remain liable for the rental for the non-expired part of the rental period.
  5. Annual domain renewal fees will be billed in our monthly bill run the month preceding the month in which the fees are due to be paid to the registrar.
  6. Hosting fees billed quarterly, bi-annually or annually will be billed in our monthly bill run the month preceding the month in which the customer signed up for the service.
  7. The customer shall, on demand, pay to PoSilCo all costs and expenses incurred by PoSilCo in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
  8. Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.
  9. Penalties for late payment
    1. If accounts are not settled access to the related website and email may be denied and web pages removed
    2. All other terms as per our General Payment Terms above

All Other Service Fees

  1. As per our General Payment Terms above

E&OE

Web Design & Development Terms & Conditions

By placing an order with PoSilCo Online (Pty) Ltd, you confirm that you are in agreement with and bound by all our Terms and Conditions found at https://www.posilco.com/terms-and-conditions/

These Terms and Conditions may be changed at any time without prior notice. We will make changes by modifying our web site and updating it to https://www.posilco.com/terms-and-conditions/.

  1. Website Design
    1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, PoSilCo cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
    2. The website, graphics and any programming code remain the property of PoSilCo until all outstanding accounts are paid in full.
    3. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by PoSilCo remain the copyright of PoSilCo and may only be commercially reproduced or resold with the permission of PoSilCo.
    4. PoSilCo cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    5. Any additions to briefs provided will be carried out at the discretion of PoSilCo and where no charge is made by PoSilCo for such additions, PoSilCo accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
    6. The client agrees to make available as soon as is reasonably possible to PoSilCo all information, materials, content and graphics required to complete the site to the agreed standard and within the set deadline.
    7. Should PoSilCo wait for content and/or feedback from the client for more than 5 business days the commissioned work will loose its planned time slots. Once the client provides the content and/or feedback, work will be completed as soon as possible taking into account that planned work will first be completed.
    8. No content including text and images will be supplied by PoSilCo unless expressly indicated on the Quotation and Invoice. The client is responsible for all content and will supply to PoSilCo.
    9. PoSilCo will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
    10. PoSilCo will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
    11. PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
    12. PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
    13. PoSilCo reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
    14. Unless expressly indicated on the Quotation and Invoice the client will not be able to administrate and make changes to the website. All changes will have to be made by PoSilCo and additional fees will apply.
    15. Should PoSilCo wait for content and/or feedback from the client that is in anyway holding up the project, the client will have 2 months to provide such content and/or feedback. Should all outstanding content and/or feedback not be supplied by the client within the 2 months PoSilCo will charge a “Project Reboot” fee at 10% of the total project cost quoted. This Project Reboot Fee will be charged and become due on invoice once the client has provided the outstanding content and/or feedback. PoSilCo may refuse to continue working on the project until the Project Reboot Fee has been paid in full.
  2. Database, Application and E-Commerce Development
    1. PoSilCo cannot take responsibility for any losses incurred by the use of any software created or sourced for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
    2. Any scripts, applications or software unless specifically agreed in writing by PoSilCo remain the copyright of PoSilCo and may only be commercially reproduced or resold with the written permission of PoSilCo.
    3. Where applications or sites are developed on servers not recommended by PoSilCo, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment, which is identical to the final production environment.
    4. The client is expected to test fully any application or programming relating to a site developed by PoSilCo before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, PoSilCo will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
    5. No data will be migrated or captured in any system developed or changed by PoSilCo unless expressly indicated on the Quotation and Invoice.
    6. Should PoSilCo wait for content and/or feedback from the client that is in anyway holding up the project, the client will have 2 months to provide such content and/or feedback. Should all outstanding content and/or feedback not be supplied by the client within the 2 months PoSilCo will charge a “Project Reboot” fee at 10% of the total project cost quoted. This Project Reboot Fee will be charged and become due on invoice once the client has provided the outstanding content and/or feedback. PoSilCo may refuse to continue working on the project until the Project Reboot Fee has been paid in full.
  3. Compatibility
    1. PoSilCo will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Google Chrome (Latest Version) and Mozilla Firefox (Latest Version) browsers. PoSilCo can offer no guarantees of correct function with all browser software and all versions including Mobile Devices (Our websites do however operate without any issues on most mobile device browsers).
    2. Not all sites are built on a responsive layout. Small sites are often built on static HTML that will display exactly the same way on a mobile device as on a computer screen. The client needs to specify in writing that they want their site built on a responsive layout before work is to commence.
  4. Website Optimization
    1. Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
    2. We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
    3. PoSilCo reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
  1. Payment Terms
    1. Once a website design or project has started the final balance of payment is due in accordance with our Payment Terms and Conditions. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay the full outstanding amount. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
    2. The rest of the payment terms are as per our Payment Terms and Conditions
  2. Refund Policy
    1. No refunds are offered.

E&OE

Shared Hosting and Domain Terms & Conditions

The terms and conditions set out in this document, read together with the customer details, as set out or provided in the customer’s application which was accepted by PoSilCo govern the relationship between PoSilCo and the customer of PoSilCo.

  1. ACCEPTANCE OF ORDER
    1. The agreement and the provision of service, will only come into being between PoSilCo and a customer when the customer has agreed to the terms and conditions contained herein.
    2. If the credit status of the customer was not accepted by PoSilCo on activation of the service, subject thereto the service may be terminated.
    3. The customer agrees to an online, paperless subscription.
    4. The customer acknowledges that all the information that is submitted online is true and correct to the best of their knowledge.
    5. The customer agrees that the act of submitting the subscription form online or acceptance of a quotation from PoSilCo for Web Hosting is in lieu of their signature.
  2. PROVISION OF THE SERVICE
    1. Commencing on the date of this application (“the commencement date”) and for the duration of this agreement thereafter, PoSilCo shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
    2. Notwithstanding the provisions of B1, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, PoSilCo shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
    3. The customer shall solely be responsible for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
  3. INSTALLATION AND CONNECTION
    1. The customer acknowledges that any installation date or connection date furnished by PoSilCo is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date-
      1. PoSilCo shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.
  4. LIABILITY
    1. This clause E specifies the entire liability of PoSilCo, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.
    2. PoSilCo shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
    3. Any service(s) provided herein is provided on an “as-is” basis and PoSilCo makes no express or implied warranties or representations of whatsoever nature with respect to any such service.
    4. The customer shall and hereby does indemnify PoSilCo-
      1. Against any damage, loss or liability arising from the provision of services to the customer, its employees, directors, agents and / or representatives.
      2. Against any damage, loss or liability of whatsoever nature arising from a breach of PoSilCo security measures, any misuse of PoSilCo’s facilities or services and / or any act or omission of any other customer of PoSilCo.
      3. From any claim by any third party arising directly or indirectly out of or related to the customer’s access to or use of services rendered by PoSilCo or any information or data obtained through such access or use and
      4. Its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer’s use of the service and/or the products supplied here-under –
        1. Constitutes a violation of any law, regulation or tariff;
        2. Is defamatory, fraudulent or deceptive;
        3. Is intended to threaten, harass or intimidate; or
        4. Interferes with the use or enjoyment of other customers of the services and products provided by PoSilCo.
      5. Under no circumstances whatsoever will PoSilCo’s liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to PoSilCo.
  5. USE LIMITATIONS
    1. The customer hereby agrees –
      1. That it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
      2. That it shall make use of the services in a responsible, prudent, lawful and honest manner;
      3. That it shall comply with any directions, instructions and limitations issued or notified by PoSilCo from time to time in connection with the services;
      4. That it shall not use any service in a manner which –
        1. Constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by PoSilCo and/or the customer’s access to or use thereof;
        2. Constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by PoSilCo from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking, unsolicited mailing etc.;
        3. Contravenes any PoSilCo Terms, as such document may be published, updated and amended by PoSilCo from time to time;
        4. Is defamatory, fraudulent or deceptive;
        5. Is intended to threaten, harass, nuke or intimidate;
        6. Tends to damage the name or reputation of PoSilCo, its holding company, affiliates and or subsidiaries or;
        7. Interferes with the use and enjoyment of Internet related services of customers of PoSilCo;
      5. PoSilCo may notify that the services to be rendered to the customer shall be as defined and subject to such limitations as from time to time.
      6. That the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of PoSilCo, its network providers and PoSilCo and that service may from time to time be adversely affected by a number of different causes:
      7. That it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of PoSilCo or that provided or made available to the customer by or through PoSilCo. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from PoSilCo, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which PoSilCo shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
      8. That unless otherwise agreed by PoSilCo in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by PoSilCo;
      9. That it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by PoSilCo for use by the customer and shall specifically not disclose it to any third party without PoSilCo’s prior written consent.
      10. To comply with the rules and regulations applicable to any network that is accessed through PoSilCo;
      11. That where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider (“GSP”). The customer has been informed of and acknowledges that the GSP is not affiliated to PoSilCo.
  6. SUSPENSION OF SERVICE
    1. PoSilCo may from time to time and without notice suspend the services in any of the following circumstances-
      1. During any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
      2. If the customer –
        1. Fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
        2. Does or allows to be done anything which, in PoSilCo’s reasonable opinion, may have the effect of negatively affecting the operation of the PoSilCo network or the provision of services to the customer or to any other customer(s) of PoSilCo.
        3. Uses the service in contravention of any act or regulation.
        4. Exceeds the set monthly traffic usage (measured in megabytes); the amount of megabytes depends on the product chosen.
    2. Notwithstanding any suspension of service under this clause G, the customer shall remain liable for all charges due here-under throughout the period of suspension unless PoSilCo, in its sole discretion, determines otherwise.
  7. TERMINATION
    1. Notwithstanding anything to the contrary contained in this agreement, PoSilCo shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, PoSilCo making due refunds. In the case of a month-to-month agreement the customer shall give PoSilCo one calendar month notice of termination.
    2. Without prejudice to any other rights or remedies which PoSilCo may have in terms hereof or at law, PoSilCo shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between PoSilCo and the customer.
    3. Upon termination of this agreement PoSilCo shall disconnect the customer from the networks of PoSilCo and all its network providers.
    4. After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection or termination fee, which may be charged by PoSilCo.
    5. Upon termination due to any breach of this agreement by the customer, PoSilCo shall be entitled to claim damages.
  8. EXCUSABLE EVENTS
    1. PoSilCo shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside PoSilCo’s reasonable control, including without limitation, of technical problems relating to the network, or any one of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
  9. ALTERATION PoSilCo reserves the right and shall be entitled-
    1. To alter any name, code or number allocated by PoSilCo for use in connection with the services and the customer hereby indemnifies PoSilCo against any cost to the customer, loss or liability arising from such alteration.
  10. SUPPORT SERVICE
    1. PoSilCo shall, as and when specifically requested to do so by the customer in writing via e-mail, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the PoSilCo services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
    2. PoSilCo shall, as part of such service, identify the customer’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
    3. The customer shall-
      1. Supply all software, hardware and all related documentation required by PoSilCo to identify and solve any problem encountered by the customer. Failure to do so will result in PoSilCo not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts referred to in K1;
      2. Render to PoSilCo, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
      3. Ensure the safety of all agents, representatives and employees of PoSilCo present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by PoSilCo or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.
    4. PoSilCo does and shall not accept any responsibility or liability for any existing data on the customer’s equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds PoSilCo harmless against any cost, liability, loss or damage incurred or suffered by the customer or by PoSilCo as a result of the loss of any such data, whether occasioned by any act or omission of PoSilCo, its representatives, agents or employees or otherwise.
    5. Consultation time charged for will commence when the relevant PoSilCo agent, representative or employee leaves the PoSilCo office and will end when he returns to the PoSilCo office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment.
  11. GENERAL
    1. The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, PoSilCo shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
    2. The terms and conditions as set out herein, constitute the entire agreement between PoSilCo and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between PoSilCo and the customer relating to the subject matter hereof.
    3. The customer chooses, as his domicilium citandi et executandi, the physical address set out in “Customer Details” in this agreement.
    4. PoSilCo reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
    5. This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
    6. The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
    7. If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
    8. The customer shall protect all username & passwords for PoSilCo. PoSilCo accepts no liability whatsoever for any misuse or abuse of the customer’s service as a result of disclosure of a customer’s username & password. The customer will immediately notify PoSilCo, when it becomes apparent that his/her username & password has been compromised, until such notification is received & accepted by PoSilCo, the customer remain liable for any usage charges incurred or outstanding on the customer’s account. PoSilCo accepts no responsibility or liability for the breach of security in the distribution of a username & password in accordance with the customer’s instructions.
    9. The customer hereby gives PoSilCo permission to perform a credit check on the customer’s credit profile with one or more of the registered Credit Bureaus when assessing the customer’s application for services and record and transmit details of how the customer has performed, and how the account is (or was) conducted by the customer in meeting their obligations on the account.
  12. INTELLECTUAL PROPERTY
    1. The intellectual property rights including (without limitation) copyrights and the trade and service marks utilized by PoSilCo during the term of this Agreement, shall remain the property of PoSilCo, save as provided herein, nothing contained in this Agreement shall be construed to confer on the customer any rights or licenses in such intellectual property rights.
    2. Should PoSilCo be required to develop any computer code, data, documents, presentations, solutions design, web site or any application (“the work”), then all intellectual property rights in and to such work shall vest exclusively in PoSilCo. To the extent that intellectual property rights in the work vests, for whatever reason, in the customer, the customer hereby agrees to assign all such intellectual property rights to PoSilCo, which hereby accepts such assignment.
    3. Save as provided for in this agreement, any license granted to the customer in terms of this agreement shall be for singular user only. The customer shall be obliged to pay a license fee for multiple uses.
    4. The customer shall not modify or use any software, computer code, data, documents, presentations, solutions design, web site or any application licensed to it in terms of this agreement, to create a derivative work.
  13. PRODUCT SPECIFIC: SHARED WEB HOSTING
    1. PoSilCo shall:
      1. Provide a service in accordance with choices set out in the order form.
      2. Host the client’s website on a server, the type of server (either Linux, Unix or Windows) depends on the product chosen from the order form.
      3. Allow Internet users to access the website and send and receive emails, there is a set amount of monthly traffic usage (measured in megabytes); the amount of megabytes depends on the product chosen from the order form.
      4. Adhere to the Electronic Communications and Transactions Act 25 of 2002.
  14. REGISTRANT EDUCATION AND DOMAIN NAME REGISTRANTS RIGHTS
    For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
    For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits
  15. REPORT ABUSE
    Reports abuse involving Domain Names sold by PoSilCo in terms of this Agreement, illegal activity like 419 or other scams. Send email to abuse@posilco.com
  16. PAYMENT TERMS AND PENALTIES
    1. As found on our Payment Terms and Conditions https://www.posilco.com/terms-and-conditions/payment-terms-and-conditions/

E&OE

Maintenance Agreement Terms & Conditions

The below terms and conditions are an extract of the Monthly Maintenance Agreement terms and conditions.

Additional Fees

Additional time needed per month in excess of Maintenance Time Allowed (hereinafter referred to as “MTA”) to complete Maintenance work as requested by the Client will be billed at the rate per hour or part thereof as per the Monthly Maintenance Agreement (hereinafter referred to as “MMA”) of the client. Work resulting in additional fees will first be quoted to the client and work will only commence once the client has agreed to the additional costs.

Term of Agreement

The MMA will begin on the Effective Date and remain in effect for 12 months. The MMA may be terminated earlier pursuant to the below. The period from the Effective Date until termination will sometimes be referred to as the “Term.”

Termination and Automatic Renewal

Either party, upon giving written notice to the other party, may suspend or terminate the Agreement: (i) if the other party or its employees, consultants or other agents violates any provision of the Agreement and the violation is not remedied within thirty (30) days of the party’s receipt of written notice of the violation; (ii) at any time in the event the other party terminates or suspends its business, becomes insolvent, files for bankruptcy, is dissolved, goes into liquidation, or has a receiver appointed over any material portion of its assets.

If the Agreement is terminated for reasons other than breach by PoSilCo, the Client shall be liable to PoSilCo for all sums owing for Services contracted.

Should the client not indicate in writing 30 days before the end date that the agreement must not be renewed automatically, the agreement will automatically renew for a further term of 12 months.

Invoicing and Payment

PoSilCo shall produce invoices monthly in advance for its Monthly Maintenance fees. PoSilCo shall produce invoices for Additional Work in accordance with our terms. Payment is due in full upon presentation of invoice. Late payment will be dealt with as per our “Payment Terms and Conditions” found on our website at www.posilco.co.za/terms-and-conditions/

Additional Terms

MTA not used in a month will be carried over to the next month. No refund will be paid back to the Client for MTA not used and will expire once the agreement is terminated.

The MMA can be modified only by a written document signed by both parties or by email if accepted by both parties.

Neither party shall be responsible for any delay or failure in performance, at any time during the term of this MMA, caused by flood, riot, insurrection, fire, earthquake, strike, explosion, war, act of God, or any other force or cause beyond the reasonable control of the party claiming the protection of this section.

By accepting the MMA it is understood that the agreement is to be read and agreed upon in conjunction with our other Terms And Conditions found on our website at www.posilco.co.za/terms-and-conditions/

E&OE

Email Disclaimer & Confidentiality Note

Everything in this e-mail and any attachments relating to the official business of PoSilCo Online (Pty) Ltd is proprietary to the group. It is confidential, legally privileged and protected by law.  This message contains information intended for the perusal, and/or use (if so stated), by the stated addressee(s) only. If you are not an intended recipient, do not peruse, use, disseminate, distribute, copy or in any manner rely upon the information contained in this message (directly or indirectly). The sender and/or the entity represented by the sender shall not be held accountable in the event that this prohibition is disregarded. If you receive this message in error, notify the sender immediately by e-mail, fax or telephone and return and/or destroy the original message.

The views or representations contained in this message, whether express or implied, are those of the sender only, unless that sender expressly states them to be the views or representations of an entity or person, who shall be named by the sender and who the sender shall state to represent. No liability shall otherwise attach to any other entity or person.

Should the recipient use any of the content in this email or any of its attachments the recipient agrees to all our terms and conditions and agrees to be charged (our fees) for the content that is used.

PoSilCo Online (Pty) Ltd cannot assure that the integrity of this communication has been maintained or that it is free of errors, virus, interception or interference

Refer & Be Rewarded Program

Program Overview

This program is open to all active PoSilCo Online (Pty) Ltd clients.

The PoSilCo Online (Pty) Ltd (“PoSilCo”) Refer & Be Rewarded Programme has been created to reward you, our loyal clients for doing what you would already do – recommending us to other companies who then purchase from PoSilCo.

Terms & Conditions 

  • The PoSilCo Refer & Be Rewarded Programme is available to all existing clients.
  • Number of referrals is unlimited.
  • To be eligible for the PoSilCo Refer & Be Rewarded Programme you must refer a company who is not an existing client of PoSilCo, or currently in negotiations with PoSilCo about becoming a client.
  • For a referral to be successful your name or company name must be quoted, or you must refer the company to PoSilCo via our Refer & Be Rewarded Form.
  • For each successful referral, whereby the referred company agrees to our terms, purchases a website and pay PoSilCo in full for the work, you will receive an account credit (Reward) of ZAR350 (Three Hundred And Fifty South African Rand).
  • PoSilCo will let you know once the referral has been successful and the credit to your account has been applied.
  • The credit to your account has no official monetary value and can’t be exchanged, transferred, redeemed, replaced or refunded for cash.
  • Credit can be used towards any future PoSilCo invoices and will be automatically applied.
  • There’s no limit on the number of referrals you can make and the rewards you can earn.
  • PoSilCo reserves the right to alter or cancel the Programme without notice.

PAIA Manual

SECTION 51 MANUAL for POSILCO ONLINE (PTY) LTD ALSO TRADING AS POSILCO

Prepared in terms of the requirements of the PROMOTION OF ACCESS TO INFORMATION ACT No 2 of 2000 (hereinafter referred to as “the Act”)

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA.

The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown and on its website at www. sahrc.org.za.

Any enquires relating to this guide should be directed to the CEO of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone (011) 484 8300 or Fax (011) 484 1360

PART 1 – INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

Name of Company
PosilCo Online (Pty) Ltd – Reg: 2019 / 506470 / 07 (Previously Trading as Posil Consulting CC)

Email Address
askus@posilco.com

Information Officer
Mr. S Pothas

Postal Address
PostNet Suite #246
Private Bag X19
Durbanville
7551
Telephone Number
+27 (0) 71 890 5550

Telefax Number
+27 (0) 86 587 9208

Note: Public information on the company is available on the company’s web site (www.posilco.com).

PART 2 – THE LATEST NOTICE IN TERMS OF SECTION 52(2) (IF ANY):

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

PART 3 – SUBJECTS AND CATEGORIES OF RECORDS HELD BY POSILCO ONLINE (PTY) LTD: SECTION 51(1)(E)

Records that are held by the Information Officer of the Private Company.

  1. PRIVATE COMPANY ACT RECORDS
  • Documents of registration
  • Minutes of Director meetings
  • Records relating to the appointment/amendment of directors/ auditor/ secretary/ public officer and other officers
  • Statutory registers
  1. FINANCIAL RECORDS
  • Annual Financial Statements
  • Tax Returns
  • Accounting Records
  • Banking Records
    • Bank Statements
    • Paid Cheques
    • Electronic banking records
  • Asset Register
  • Rental Agreements
  • Invoices
  1. INCOME TAX RECORDS
  • PAYE Records
  • Documents issued to employees for income tax purposes
  • Records of payments made to SARS on behalf of employees
  • All other statutory compliances:
    • VAT
    • UIF
    • Workmen’s Compensation
  1. PERSONNEL DOCUMENTS AND RECORDS
  • Employment contracts
  • Disciplinary records
  • Salary records
  • Disciplinary code
  • Leave records
  • Training records
  • Training Manuals

PART 4 – DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS – SECTION 51(E)

The requester must complete Form C and submit this form together with a request fee, to the head of the private body.

  • The form must be submitted to the head of the private body at his/ her address, fax number, or electronic mail address
  • The form must:
  • provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester,
  • indicate which form of access is required,
  • specify a postal address or fax number of the requester in the Republic,
  • identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right,
  • if in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner,
  • if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.

PART 5 – MANUAL AVAILABILITY.

In addition to the availability of this Manual at the South African Human Rights Commission, this Manual is available from the Information Officer of PoSilCo Online (Pty) Ltd.

In respect of hard copies, any transmission costs/postage will be for the account of the requester.

Privacy Policy

THIS PRIVACY POLICY FORMS PART OF OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY TERM OF THIS PRIVACY POLICY, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE IMMEDIATELY.

1. Definitions

The following words and phrases have these meanings in this document:
1.1. “Personal Information” has the meaning as defined in POPI.
1.2. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.3. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.4. Us”, “we” or “our” means PoSilCo Online (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa, and also includes reference to our holding company and its subsidiaries.
1.5. “Site” means Internet World Wide website at URL www.posilco.com, www.posilco.co.za, www.posilcoonline.com, www.posilcovoip.co.za and www.thehostspot.com.
1.6. “You” or the “user” means any person who accesses the Site for any purpose.

2. Status and Amendments

2.1. We respect and recognise the importance of protecting your privacy. This privacy policy statement sets out our information gathering and dissemination practices in respect of the Site.
2.2. This Website Privacy Policy forms part of the Website Terms of Use of this Site. If you do not agree with this Website Privacy Policy and the Website Terms of Use, then you may not use this Site and are required to cease doing so immediately.
2.3. We reserve the right to amend the terms and conditions of this Website Privacy Policy at any time without notice. It is your duty to be aware of the current version of this Website Privacy Policy. Please refer to the last revision number and date at the top of this document. Continued use of the Site subsequent to any amendments having been effected constitutes your acceptance of the Website Privacy Policy as amended.

3. Collection and Processing of Personal Information

3.1. Where you submit Personal Information via the Site the following principles are observed in the handling of that information:
3.1.1. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.1.2. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed.
3.1.3. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
3.1.4. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained or we are required to do so by law.
3.1.5. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
3.2. Note that, as permitted by POPI, we may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.

4. Collection of anonymous data

4.1. We may use standard technology to collect information about the use of this Site. This technology is not able to identify individual users but simply allows us to collect statistics.
4.2. We may utilise temporary or session cookies (a cookie is a small file that is placed on your hard drive) to keep track of users’ browsing habits. This allows us to track your use of this Site as well as your visits to other websites. Other websites may also use these cookies to track your browsing habits.
4.3. Cookies by themselves will not be used to identify users personally but we may use them to compile de-identified statistics relating to use of services offered or to provide us with feedback on the performance of this Site.
4.4. The following classes of information may be collected in respect of users who have enabled cookies:
4.4.1. The browser software used;
4.4.2. IP address;
4.4.3. Date and time of activities while visiting the Site;
4.4.4. URLs of internal pages visited; and
4.4.5. referring websites, search engines and the like.
4.5. If you do not wish cookies to be employed to customise your interaction with this Site it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Site may not be available to you.

5. Security

5.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by this Site from loss, misuse, unauthorised disclosure, alteration or destruction.

6. Links to other Websites

6.1. We have no control over and accept no responsibility for the privacy practices of any third party websites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any website you visit before using it further.

7. Queries

7.1. If you have any queries about this Privacy Policy please contact us by emailing us at management@posilco.com.