Narcom Terms and Conditions of Services

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Services suppliers by Narcom are subject to the terms and conditions of use set out below. All clients are deemed to have agreed to observe all terms and conditions of use, including any privacy or other policies which may appear elsewhere on this site. 

 

Please take the time to read over our Acceptable Use Policy 

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Debit Order Authorisation

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The debit order authorisation given by customers may be cancelled by means of giving 1 (one) calendar months notice in writing, sent by email to [email protected]. The customer will not be entitled to any refund of amounts which are withdrawn whilst this authority was in force if such amounts were legally owing to Narcom.
 

Debit order Terms

Payment is via debit order and paid for in advance for the services that you receive. The debit order will be processed on the second working day of every month. Failed debit orders will carry a penalty of R50 which will be added to your account. All customers will be supplied with a tax invoice to keep on record for tax purposes even though subscriptions are collected via debit order.

In circumstances where a debit order fails, services will be disabled immediately and the customer will be required to pay their arrears and the R50 debit order penalty before your services are re-enabled. Narcom reserves the right to reprocess failed debit orders at any time for the outstanding fees or any part thereof. Should the customer not use the services supplied during the month, this does not entitle the customer to stop the debit order.
 

Billing Terms

Narcom will provide all customers with an invoice via email. Accounts are due within 30 days of invoice. (the "Due Date") All services are billed and payable in advance. An example: You will be invoiced on the 25th February for all your March services.
 

Non Payment

In the event of non-payment of an invoice by the stipulated Due Date, Narcom reserves the right to hold the customer liable for the total amount due pursuant to such invoice.
Narcom may stop the supply of new services to the customer and/or terminate current services held by the customer if payment of any invoice is not made by the Due Date, or if a petition for liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.
If the supply of new services is stopped or the existing services are terminated, the full outstanding balance becomes due and payable immediately.
If the customer pays the amount due in full, the customer may have their existing services re-activated and also purchase new services.
If the customer neglects to pay the amount due in full, Narcom will submit the full delinquent amount for collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for the customers' account.
Narcom will not be held liable for the loss or suspension of customer services due to non-payment.
If the preferred method of payment used by a customer is EFT, it will be the sole responsibility of the customer to ensure that payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of the customer payment which may cause service disruption as a result of the account being suspended due to non-payment.

Refunds
 

Narcom will only refund a customer in the event of their account having a credit balance.
 

Cancellations

When cancelling any service with Narcom, you are required to give 1 (one) calendar months written notice, unless otherwise specified in contract for certain SLA and other services. Examples are given: Should notice of cancellation be given on 1 October, the customer will be required to pay for both October and November months.

Notice of cancellation can only be given via email to [email protected]. On the cancellation letter, the customer must include the customer code (on any of our invoices) and a copy of the customers ID.

Use of this Site
 

The use of this site and the request for provision of all service constitutes acceptance of these terms and conditions which thereafter constitute a binding agreement between Narcom and the customer. Use of this website as well as the services supplied by Narcom are strictly at the sole risk of the customer. Narcom may at any time amend these terms and conditions and on notification of such amendment to customers via email, the amended terms will become binding on such customers.

Security

While Narcom take all reasonable security precautions and subject to the provisions of the Electronic Communications and Transactions Act ("ECT Act"), no liability will lie for damage caused by the malicious use of this site or destructive data or code that is massed on to the customer through the use of this site or any of the services supplied by Narcom.

The following acts in connection with this website are expressly prohibited:

 

• Gaining or attempting to gain unauthorized access to any web page or part of this website;

• Delivering or attempting to deliver any unauthorized or malicious code or content to this website;

• Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorized persons;

• Any other unlawful interference with the proper operation of this website

 

Narcom will peruse prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.
 

Backups and Data protection

It is at All Times, the customers responsibility to ensure that they have backups in place for all of the customers data. At no time can Narcom be held responsible for any loss of data. This includes and is not limited to - website content, email content, offsite/onsite server and desktop data, any proprietary data. Narcom advises customers to keep a secure offsite backups for all IT services. It is also suggested that these offsite backups are checked regularly.

Narcom strongly suggests that all customers make use of a specialized offsite backup protection company in the event of a disaster. It is also the customers responsibility to ensure that all login credentials are protected with strong, secure passwords which are not stored in plain text and are changed on a regular basis. At no time, can Narcom be held responsible for any data breech or loss of data as a result of weak or compromised login credentials. 
 

Termination of this agreement
 

Narcom reserves the right, in its sole and absolute discretion, and without prior notification, to terminate the provision of services and/or to terminate the access rights of any user where for example and without limitation:

 

• We regard the action or inaction of a user to constitute a breach of these Terms and Conditions;

• We regard the action or inaction of a user to constitute abuse of the services offered through Narcom;

• Events beyond our reasonable control, including technical failures, prevent the continuing provision of services.

 

Service Levels
 

Narcom does not guarantee the Services will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance.

Narcom will do all things reasonably necessary to provide and maintain a best-effort, continuous, internet access service and to the customer, but cannot guarantee a continuous uninterrupted service or any throughput of data, which include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure.

In no event, whatsoever, shall Narcom, its consultants, or employees, be liable to the customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, IT Support Services, Hardware, Firewalls, Software, Cloud Based & Web Hosting Services rendered by Narcom, in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.
 

Consumer Rights and Security
 

• Consumer rights in respect of online transactions are set out in Chapter 7 of the ECT Act. A copy of the Act is available from http://www.internet.org.za/ect_act.html.

• Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of services which began with the consumer’s consent before the end of the seven-day period referred to in section 44(1).

• Under section 42(1)(f) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply in respect of goods which are made to the consumer’s specifications or which are clearly personalized or which by reason of their nature cannot be returned.

• Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction.

• Where a transaction has been so cancelled then:

 

The consumer must return the performance of the supplier and/or immediately cease using the services performed; and
The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.

Under section 43(5) of the ECT Act, the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
 

This website does not store any user credit card information. At no stage is credit card information stored together with user personal information.
 

Copyright and Intellectual Property protection
 

Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to Narcom. Unless otherwise indicated, customers are not welcome to copy, download or print out any of the visible text or images on this website for personal or non-commercial use.
 

Customers wishing to utilise content for their own commercial purposes may only do so with Narcom's prior written permission.
Any use of the content or any other part of this website must be clearly accompanied by the following: "© Narcom + [insert year in which content is copied]. All rights reserved."

If a customer or user believes that this site in any way infringes a third party copyright or other intellectual property right, he or she may contact us, specifying the full details of the alleged infringement.