CURRENT Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, SAQCC fire and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website)
  • Sell, rent or sub-license material from the website
  • Show any material from the website in public
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
  • Edit or otherwise modify any material on the website
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SAQCC fire’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without SAQCC fire’s express written consent.

Privacy

You may visit our website without disclosing any personal information about yourself. However, you should be aware that anonymous user information such as browser type, language preference, referring site, pages visited, and the date and time of each visitor request are automatically collected for statistical purposes. We also collect potentially personally-identifying information such as your Internet Protocol (IP) addresses. Most websites on the Internet automatically collect this information.

If you are registered with the SAQCC-Fire, your name, registration number, qualification level, and the name of the company for whom you work are available to anyone visiting the website. If you advertise on the employment section of the website, your name, qualifications and contact details will be displayed and are accessible to anyone visiting the website.

Details of registered technicians who have been found guilty of contravening the SAQCC-Fire Disciplinary Code are visible on the Complaints section of the website.

Cookie Policy

Last updated: 1 July 2019

The SAQCC Fire website uses cookies to provide, improve, protect, and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our website, and improving it based on that information. By using our website you consent to the use of cookies. Our Cookies Policy explains what cookies are, how we and third-parties we may partner with may use them on our website, and your choices regarding cookies and how to remove them.

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows our website or a third-party to recognise you and make your next visit easier. We use both “persistent” and “session” cookies. Persistant cookies may expire within a day or remain for up to two years. Session cookies expire when you navigate away from the website. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the website and so on.

You can delete cookies or instruct your web browser to delete or refuse cookies by adjusting the settings of your web browser. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Restricted access

SAQCC fire reserves the right to restrict access to areas of this website, or indeed this entire website, at SAQCC fire’s discretion.

If SAQCC fire provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

SAQCC fire may disable your user ID and password at SAQCC fire’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to SAQCC fire a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SAQCC fire the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SAQCC fire or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SAQCC fire reserves the right to edit or remove any material submitted to this website, or stored on SAQCC fire’s servers, or hosted or published upon this website.

Notwithstanding SAQCC fire’s rights under these terms and conditions in relation to user content, SAQCC fire does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. SAQCC fire makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, SAQCC fire does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

SAQCC fire will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SAQCC fire has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SAQCC fire’s liability in respect of any:

  • death or personal injury caused by SAQCC fire’s negligence;
  • fraud or fraudulent misrepresentation on the part of SAQCC fire; or
  • matter which it would be illegal or unlawful for SAQCC fire to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, SAQCC fire has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SAQCC fire’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SAQCC fire’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SAQCC fire.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify SAQCC fire and undertake to keep SAQCC fire indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SAQCC fire to a third party in settlement of a claim or dispute on the advice of SAQCC fire’s legal advisers) incurred or suffered by SAQCC fire arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to SAQCC fire’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SAQCC fire may take such action as SAQCC fire deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

SAQCC fire may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

SAQCC fire may transfer sub-contract or otherwise deal with SAQCC fire’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and SAQCC fire in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa. SAQCC Fire is registered with CIPRO – registration number 99/1937/08.

NEW SYNERGETIX VERSION – Privacy Policy – T&C

1. Detailed description of goods and/or services
Synergetix is a business in the Information Technology industry that provides I.T Products, Networking Solutions and Hosting Services. 

2. Delivery policy
Subject to availability and receipt of payment, requests will be processed within 1 day and delivery confirmed by way of email and telephonic confirmation, informing the user of delivery method, cost and date, as per the supplier’s method for the relevant product.

3. Export restriction
The offering on this website is available to South African clients only.

4. Return and Refunds policy
The provision of goods and services by Synergetix is subject to availability. In cases of unavailability, Synergetix will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15% administration fee.

5. Customer Privacy policy 
Synergetix shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569.

6. Payment options accepted
Payment may be made via Visa, MasterCard, or by bank transfer into the Synergetix bank account, the details of which will be provided on request.

7. Card acquiring and security
Card transactions will be acquired for Synergetix via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
 

8. Customer details separate from card details
Customer details will be stored by Synergetix separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

9. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
 

10. Responsibility 
Synergetix takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.

11. Country of domicile
This website is governed by the laws of South Africa and Synergetix chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 1104 Oulap Street, Wilgeheuwel, Roodepoort, 1724.

12. Variation 
Synergetix may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Company information
This website is run by Synergetix private company based in South Africa trading as
Synergetix and with registration number 2004/087165/23 and Marcel Vermeulen and Patrick Mullin as Members.

14. (Your Company) contact details
Company Physical Address: 1104 Oulap Street, Wilgeheuwel, Roodepoort, 1724
Email: management@synergetix.co.za Telephone:+27 10 500 0824 

Synergetix operates the  https://store.synergetix.co.za website, which provides the SERVICE.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the Synergetix website.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at https://store.synergetix.co.za, unless otherwise defined in this Privacy Policy. Our Privacy Policy was created with the help of the Privacy Policy Template and the Terms and Conditions Template.

Information Collection and Use

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

  • To facilitate our Service;
  • To provide the Service on our behalf;
  • To perform Service-related services; or
  • To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.

ACCEPTABLE USE POLICY (“AUP”)

1. Introduction

This AUP forms part of the Agreement applicable to all services and products offered by Synergetix and contracted for by customers and is designed to ensure compliance with the relevant laws of South Africa and protect Synergetix’s network, its services and products, customers and the internet community as a whole from improper and/or illegal activity over the internet. This AUP describes the conduct and practices that Synergetix regards as unacceptable on the part of the customer and/or visitor to our website and explains the rights that Synergetix has to respond to such unacceptable conduct and practices. Please take the time to review this AUP, as all service and product agreements will be subject to the provisions of this AUP. By accessing our website, or using our services and products, you agree to be bound without limitation or qualification to the rules, terms and conditions set out in this AUP.

2. Unacceptable Use and Prohibited Activities

2.1 Synergetix’s product and services may only be used for lawful purposes and activities. Synergetix prohibits any use of its services and products, including the transmission, distribution and storage of any material or content using Synergetix’s network that transgress, violate or are in non-compliance with any laws of South Africa, including, but not limited to:

2.1.1 any violation of with local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs), hate speech, speech designed to incite violence, intimidation or hatred and exchange control ;

2.1.2 any activity designed to defame, abuse, stalk, harass or physically threaten any individual in South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material;

2.1.3 any infringement on intellectual property rights and copyright laws including materials protected by local and international copyright, trademarks and trade secrets and furthermore including any sale, transmission or distribution of pirated or illegal software, video and/or voice content and recordings;

2.1.4 any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent or contrary to the applicable data privacy laws;

2.1.5 any fraudulent activity, including dubious financial practices, such as pyramid schemes; the impersonation of another customer without their consent; or any attempt to enter into a transaction or agreement with Synergetix on behalf of another customer without their consent; and

2.1.6 any activity which threatens the functioning, security or integrity of Synergetix’s network and services including, but not limited to:

2.1.6.1 any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Synergetix;

2.1.6.2 any effort to use Synergetix’s services, equipment and products to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

2.1.6.3 forging of any TCP/IP packet headers (“spoofing”) or any part of the headers of an email or a newsgroup posting;

2.1.6.4 any effort to breach or attempt to breach the security of another customer or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;

2.1.6.5 any activity which threatens to disrupt the services offered by Synergetix through “denial of service attacks” (“DOS”/“DDOS”), flooding of a network, overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;

2.1.6.6 any activity which in any way threatens the security of Synergetix’s network by knowingly posting, transmitting, linking to or otherwise distributing any information or software, which contains a virus, trojan horse, worm, lock, mailbom, cancelbot, malware, botnet or other harmful, destructive or disruptive component;

2.1.6.7 unauthorised access, use, probe, scan of monitoring of a systems security or authentication measures, data or traffic, without Synergetix’s explicit, written consent;

2.1.6.8 running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks and SMTP relay attacks; and

2.1.6.9 employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.

2.2 Spam and Unsolicited Electronic Mail
It is contrary to Synergetix’s policy for customers to use our servers to effect or participate in any of the following activities:

2.2.1 sending unsolicited bulk mail for marketing, commercial or any other purposes (political, religious or commercial) to persons (natural and juristic) who/which have not consented to receiving such mail;

2.2.2 using any part of Synergetix’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail;

2.2.3 operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Synergetix does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Synergetix may also monitor customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses, but removing addresses as complaints arise. Should Synergetix, at its discretion, believe that this is the case, it will be treated as SPAM.

2.2.4 failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated he/she wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out;

2.2.5 using Synergetix’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider;

2.2.6 advertising any facility on Synergetix’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam);

2.2.7 including Synergetix’s name in the header or by listing an IP address that belongs to Synergetix in any unsolicited email whether sent through Synergetix’s network or not; and

2.2.8 failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.

2.3 Public Space and Third Party Content and sites

2.3.1 Synergetix has no power to control the content of the information passing over the internet and its applications, including third party websites (whether accessible through the Synergetix network websites; contained within a directory of links on the Synergetix network or sites displayed as search results); e-mail; chat rooms; news groups; or other similar fora and our network is merely a conduit or means of access and transmission. Synergetix will not be held liable, whether directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the abovementioned content.

2.3.2 Access to public internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums, is entirely voluntary and at your own risk. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

2.3.3 Synergetix employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

2.4 Usenet Newsgroups
The customer is responsible for determining and familiarising himself with the written policies of a newsgroup before posting to it or participating in any discussions. The customer must abide by these rules at all times, which can be obtained from the group’s administrators/moderators, upon request. The following are prohibited practices with regard to Usenet newsgroups and Synergetix reserves the right to delete and/or cancel posts which violate the following conditions:

2.4.1 excessive cross-posting of the same article to multiple newsgroups;

2.4.2 posting of irrelevant or off-topic material to newsgroups (also known as USENET spam);

2.4.3 posting binaries to a non-binary newsgroup; and

2.4.4 posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

2.5 Protection of Minors
Synergetix prohibits customers from using Synergetix’s services to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

3. Determination of breach of this AUP

Synergetix reserve the right in its sole and unfettered discretion for determining what constitutes a violation of this AUP, provided that such decisions will be taken in line with the applicable legislation concerning the protection of consumer rights in force at the time, as applicable.

4. Notice and Take-down Procedures

4.1 Synergetix has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Synergetix’s designated agent for this process is the Internet Service Providers’ Association. ISPA can be reached at +27-10-500-1200 or takedown@ispa.org.za. The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.

4.2 Customers are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet service provider who fails to comply with the code of conduct.

5. Complaints and procedures

5.1 Synergetix cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control. It is the customer’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Synergetix’s designated complaints handling agent. In order for Synergetix to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, sent via fax or e-mail and contain as much information as possible, including, but not limited to:

5.1.1 the origin of abuse or offense, including the website, full mail headers, relevant log file extracts etc.;

5.1.2 any contact details for the source of the complaint;

5.1.3 a brief explanation why the incident is considered to be an offense.

5.2 Synergetix discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

6. Consequences of breach of the AUP

6.1 In order to enable Synergetix to monitor adherence to this AUP by customers and their users upon receipt of a complaint, or having become aware of an incident, Synergetix reserves the rights to take any of the following steps:

6.1.1 examine customers’ mail servers to confirm that mails are not being sent from such mail servers through public relay and the results of such checks can be made available to the customer;

6.1.2 examine the mail servers of any customers using Synergetix’s mail servers for “smarthosting” (when the user relays its mail via a Synergetix mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Synergetix’s Privacy Policy and the laws of South Africa;

6.1.3 intercept and/or block any incoming or outgoing electronic mail sent to or from Synergetix’s network or through the use of any services provided by Synergetix to the customer should such electronic mail be identified as possible spam or be in contravention of Synergetix’s General and/or applicable Specific Terms and Conditions;

6.1.4 suspend or terminate any and all services or limit portions thereof provided to the customer should it be determined that the customer has engaged in the transmission of spam, whether done so knowingly or otherwise and or has used the services and network of Synergetix for any purpose or activities in violation of this AUP;

6.1.5 pursue any civil legal remedies at its disposal in terms of the General Terms and Condition applicable Specific Terms and Conditions and in law, in addition to any of the remedies set-out hereunder;

6.1.6 if such violation is suspected to be a criminal offence, Synergetix may notify the appropriate law enforcement department of such violation and provide them with all such necessary information and records, as required by law;

6.1.7 in the case of a network, inform the user’s network administrator of the incident and request the network administrator or network owner to deal address the incident in terms of this AUP and the ISPA Code of Conduct;

6.1.8 in the case of individual users, warn the user; suspend the user’s account and/or revoke or cancel the user’s network access privileges completely;

6.1.9 assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

6.1.10 institute civil or criminal proceedings;

6.1.11 share information concerning the incident with other Internet access providers; and

6.1.12 in all cases, charge the offending parties for administrative and legal costs, including machine and human time lost due to the incident, attorney fees, costs resulting from Postmaster responses to complaints from and the clean-up of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations, cleanup and investigation fees.

7. Interception of Communications

Synergetix is required in terms of the Regulation of Interception and Provision of Communication-related Information Act 17 of 2003 to intercept communications. Any interception of communications shall be done strictly in accordance with the requirements of this Act, as and when required by this Act.

8. Amendment of Policy

Synergetix reserves the right to make changes to this AUP or update it from time to time. Where a major change is made, customers will be informed through a notice on our website. Customers and website visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.
If there are any questions regarding this Acceptable Use Policy you may contact us using the information below: