SolMatrix Terms and Conditions of Use.

The details provided by you on registration or when opening an account with us must be true, correct and complete. You agree to notify us immediately of any changes which are relevant to your registration by informing us at billing@solmatrix.co.za or by updating your details in the customer area of our website.

2. Your Personal Information

2.1 We will respect your personal information and undertake to comply with all applicable South African Data Protection legislation currently in force.

2.2 In relation to the personal information provided by you on registration (your registration details) you agree that SolMatrix may use such information in accordance with the purposes for which your permission has been obtained on registration. Your email address will automatically be subscribed to our mailing list. You may opt out of this at any time by logging into the customer area of our website and changing the mailing list status.

2.2a Some of your personal information (eg name, address, telephone number, email address) may be passed to domain name registries for the purposes of registering a domain name. This is a requirement of the domain name registration process.

2.3 Other than as required by law, or as permitted under these user conditions, we will not disclose your registration details to any third party without your permission.

3. Our Obligations to You

3.1 We agree to use our reasonable endeavors to maintain our services in a fully operational condition and error free. As we cannot guarantee that this will always be the case we do not accept responsibility for any defects that may exists, or for any costs, loss of profits or loss of data arising from your use of, or inability to access any services provided by us.

3.2 Our services are provided without any warranties or guarantees unless specifically stated.

3.3 We may provide – or our contractual partners may provide – links to other web sites or resources. We are unable to accept responsibility for these, neither can we be deemed to have endorsed their content.

3.4 We reserve the right to suspend, restrict or terminate your access to any of our services for any reason at any time.

4.1 You agree that you will only use our services in a manner that is consistent with these user conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use any of our services to transmit or post any material with is defamatory, offensive or of an obscene or menacing character.

4.2 To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example as the parent or guardian of a child) causes loss or damage to any person, you agree to indemnify SolMatrix immediately on demand in relation to any such losses or damages attributable to SolMatrix, including where necessary any legal and administrative, or technical charges that may arise from such use.

4.3 Where applicable, you are responsible for maintaining the confidentiality of your username and the password assigned to you on registration. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use to which you become aware.

4.4 You are responsible for obtaining the equipment and paying all telephone charges necessary to access and use any of our services. Should you no longer require the services we provide, you must inform us by the 25th day of the month before the next subscription period commences. You are also responsible for making your own back-up arrangements.

4.5 You agree that the material and content contained within or provided by SolMatrix is for your personal use only and may not be used for commercial purposes or distributed commercially without our permission. Your use of any SolMatrix services carries with it no rights in relation to copyright, trade marks or other intellectual property rights in SolMatrix.

4.6 You agree not to use any of the services made available to you such that you cause the whole or part of our services to be interrupted, damaged, rendered less efficient or in any way impaired.

5. Service Provision

5.1 Hosting accounts have a monthly data traffic allowance. If your hosting account uses more data transfer than you account allows, we may, at our discretion, charge for excess bandwidth usage at the current per megabyte rate.

5.2 SolMatrix will at no charge release a domain name registered to you, as long as all invoices due are paid in full beforehand.

5.3 ADSL Data Rollover is provided at our discretion on certain ADSL packages and may be limited to a predetermined maximum. SolMatrix reserves the right to modify, limit, suspend or terminate provision of data rollover at any time. Due to the nature of the service any unused or accumulated ADSL data will be lost upon termination of the service.

5.4 Our services are billed in advance, and should you wish to terminate a service, you must inform us in writing by the 25th day of the month before the next subscription period commences. Subscriptions remain due irrespective of your usage or non-usage of the service until such time as officially terminated..

5.5 In the event of non payment of your service, we reserve the right to suspend your service until your account has been brought up to date. Subscriptions remain due in the event of your account being suspended.

5.6 No subscriptions or part subscriptions are refundable.

6. Provision of ADSL Access Circuit or Line

6.1 The provision of ADSL Access Circuits (or Lines) or of any Combined ADSL access service is subject to the provision of upstream services by Telkom SA Limited.

6.2 Before subscribing to any combined ADSL service please ensure that you have a valid and active Telkom telephone service as this is a prerequisite for provision of the service.

6.3 We advise potential subscribers to confirm the availability of ADSL service in their particular desired location prior to purchasing or ordering an ADSL modem or other hardware.

6.4 Due to the fact that Telkom cannot guarantee the bandwidth throughput achieved when subscribers access the Internet utilizing an ADSL access line, SolMatrix can likewise also not offer such a guarantee.

6.5 SolMatrix can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the ADSL access service can be provided.

6.6 Subscribers electing to acquire the ADSL access circuit (or line) from us will qualify for the Self-Install Option, subject to the restrictions placed thereon from time to time by Telkom. Self-Install allows the subscriber to affect the portion of the installation required at their premises, rather than wait for a Telkom technician.

6.7 The provision of any combined ADSL service is subject to

• Telkom provision of upstream and network services
• Network availability
• Distance of the applicant from the local exchange
• Copper quality as provided by Telkom
• Line sync speed limitations as may be applied or incurred through Telkom

6.8 Telkom has committed to enabling a self-install option (SIO) for the ADSL service within thirty (30) working days of receipt of an application if the applicant qualifies, resides within an ADSL-enabled exchange area and has met any pre-conditions.

6.9 SolMatrix will be entitled to assume that a combined ADSL service provision to a subscriber is in good working order until such time as the subscriber advises our Support Desk of any problems or service breaks.

7. Orders

All contracts of sale made by SolMatrix shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom SolMatrix is dealing.

8. Prices

All goods and services provided by SolMatrix are priced in South African Rands, including VAT, and are invoiced at the price prevailing at the time of invoice. We reserve the right to modify prices from time to time.

9. Payment

9.1 Payment is due by the due date stated on your invoice.

9.2 If payment is overdue, we may charge interest on the outstanding balance.

9.3 Where payment is made by credit card and you later contact your card issuer to perform a "chargeback", we reserve the right to pass any charges incurred on to you. Where we suspect the chargeback may be an attempted card fraud, we may report the transaction to the relevant authorities.

10.1 SolMatrix shall not under any circumstances be liable for any consequential or indirect damages or losses however caused.

10.2 SolMatrix's liability in respect of breach of the terms of any order shall be limited to the invoiced value of such order.

11. If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions (as long as the other items are valid and enforceable).

12. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

13. Use of any services provided by SolMatrix constitutes acceptance of these Terms and Conditions.

14. This Agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. SolMatrix reserves the right to add, delete, or modify any provision of this Agreement at any time without notice. This agreement may not be modified except by the written consent of SolMatrix.

15. The headings are for convenience only and shall not affect the interpretation of this Agreement

16. This Agreement shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.