Cape Connect Terms & Conditions
This document covers the terms and conditions that apply to the Services Cape Connect offers to you our customer.
If you buy a Cape-Connect service, you are the customer, along with anyone using our service, with or without your consent.
If you buy a Cape-Connect router, phone, ATA, PABX or other equipment from us, you are the customer, along with anyone using the equipment, with or without your consent.
If you download software from any of our websites and use said software, you are the customer, along with anyone using the software, with or without your consent.
If you browse our classfied adverts site, list items on our classified adverts site or reply to adverts on our classified adverts site, you are the customer.
As a customer, you agree to these terms and conditions.
We may modify or cancel any service provided to you or take corrective action at anytime without prior notice as a result of your violation of any of these terms and conditions. Terms and conditions may change from time to time, so please check the Cape-Connect website http://cape-connect.com, to stay up-to-date.
You may not alter any of the hardware or software on any equipment you have purchased from Cape Connect.
You may not reverse engineer any software supplied to you by Cape Connect.
All such hardware and software is connected and must be used in accordance with any and all applicable instructions, safety and security procedures.
You agree not to use or allow the use of Cape Connect services in any way that is illegal, fraudulent, abusive, a nuisance, indecent, racist, obscene, defamatory, objectionable, inconsiderate, inconvenient or annoying as determined by Cape Connect. The Cape Connect service may only be used for lawful purposes. The Subscriber is prohibited from transmitting unlawful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind. The Subscriber may not engage in conduct that would constitute a criminal offense, infringe on third party rights, give rise to civil liability or violate any local, or international statute, rule, regulation, or treaty. The Service may not be used to upload, post, reproduce or distribute, any material protected by copyright or any other intellectual property right without first obtaining the written permission of such right holder. The Subscriber shall be prohibited from engaging in the transmission of unsolicited advertising, chain letters and junk mail — "spamming". Users undertake not to attempt to degrade the service provided by Cape Connect or any other Internet Service Provider by means of software, hardware or other means. Participation in any of the aforementioned prohibited activities by the Subscriber shall be cause for locking of and/or cancellation of The Subscriber’s account at the discretion of Cape Connect without notice to The Subscriber.
You may not alter or do anything or allow anything to be done which may damage or affect the operation of the Cape Connect service.
Equipment purchased direct from Cape Connect may be returned for a full refund within 30 days of purchase. You must have the original receipt, packaging materials and all components. Please contact Cape Connect at 021-300-1000 for instructions.
If your equipment is lost or stolen, you are responsible for charges incurred until you notify us of the loss of your equipment. Once you call us, your account will be suspended. Once you purchase new equipment, any money left in your old account will be transferred to your new account.
The service and equipment and any firmware or software used to provide the service or provided to you in conjunction with providing the service, or embedded in the equipment, and all services, information, documents and materials on Cape Connect 's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Cape Connect are and shall remain the exclusive property of Cape Connect and nothing in this agreement shall grant you the right or licence to use any of such marks. You acknowledge that you are not given any licence to use the firmware or software used to provide the service or provided to you in conjunction with providing the service, or embedded in the equipment, other than a nontransferable, revocable licence to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this agreement. You expressly agree that the equipment is exclusively for use in connection with the service and that Cape Connect will not provide any passwords, codes or other information or assistance that would enable you to use the equipment for any other purpose. If you decide to use the service through an interface device not provided by Cape Connect, which Cape Connect reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licences, to use that interface device with the service and you will indemnify and hold harmless Cape Connect against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
OUR SUPPLIERS AND Cape Connect SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY ACT OR OMISSION IN OUR PROVISION OF PRODUCTS OR SERVICES. WE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY OTHER COMPANY FURNISHING A PART OF OUR SERVICE OR ANY EQUIPMENT PROVIDED FOR SUCH SERVICE - INCLUDING FOR ERRORS OR OMISSIONS OF ANY VENDORS PARTICIPATING IN OFFERS MADE THROUGH OTHER COUNTRIES - OR FOR ANY DAMAGES THAT RESULT FROM ANY PRODUCT OR SERVICE PROVIDED BY OR MANUFACTURED BY THIRD PARTIES. IN NO EVENT SHALL Cape Connect OR OUR US SUPPLIERS BE LIABLE FOR AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE EQUIPMENT AND SERVICE. SOME STATES PROHIBIT LIMITATION OF DAMAGES RESULTING FROM PHYSICAL INJURY OR DAMAGE AND YOU MAY HAVE ADDITIONAL RIGHTS THAN AS SET FORTH ABOVE.
You agree to indemnify and hold harmless Cape Connect and our suppliers from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof resulting from your use of the Cape Connect and suppliers products and services) whether based in contract or tort (including strict liability) and regardless of the form of action.
You agree to indemnify and hold harmless Cape Connect and our suppliers from any and all liabilities, penalties, claims, causes of action and demands in the event of any equipment on the Cape-Connect network failing. This includes, but is not limited to, our prepaid accounting servers, our pay monthly accounting servers, our SMS2Email notification services, our mail relay servers, our mail and website hosting servers, our routers, our wireless network and our cable and fibre network, whether owned by ourselves, or owned by a third party.
We may remove any content hosted by us on behalf of a subscriber which we consider illegal, or for which we have received a take-down notice.
We have the right to suspend or terminate any service of any customer that does not comply with the terms and conditions, Acceptable Use Policy, or any other contractual obligations.
EXCEPT AS EXPRESSLY SET FORTH HERE, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THE MATERIALS ACCOMPANYING Cape Connect EQUIPMENT, OR POSTED ON OUR WEBSITES WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO EMPLOYEES, REPRESENTATIVES OR AGENTS OF Cape Connect, TO MAKE ANY WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
You may notify us by mail at: Cape Connect Internet (Pty) Ltd (P.O. Box 2823, Somerset West, 7129), VOIP phone (021-300-1000), email to firstname.lastname@example.org, or electronic means (via our website at http://cape-connect.com ). Such notices will be considered effective after we receive them. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your email address of record.
We may, from time to time, use the information you provide us with to market services to you that may be related to our service offerings. We will always handle your information in a manner consistent with the Republic of South Africa data protection act and the privacy laws and the Cape Connect privacy policies. You will have the opportunity to choose whether you would like to receive text messages, email, direct mail and other updates from Cape Connect.
Any complaint, arbitration or other legal action concerning these terms and conditions shall be interpreted under the laws of the Republic of South Africa and the parties hereby submit to the non-exclusive jurisdiction of the South African courts. Any dispute arising from the purchase or use of Cape Connect products and services shall be brought exclusively in the South African courts.
If any part of these terms and conditions is legally declared invalid or unenforceable, all other parts of these terms and conditions are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these terms and conditions.
No provision of these terms and conditions provides any person or entity not a party to these terms and conditions with any remedy, claim, liability, reimbursement, or cause of action or create any other third party beneficiary rights.
Our Proatia Manual is here.
Wireless Broadband subscribers, please also read this.
Pay Monthly VOIP services are provided in conjunction with Switch Telecom. Pay Monthly VOIP subscribers, please also read this.
Fax2Email services are provided in conjunction with FaxFX. Fax2Email subscribers, please also read this.