"Company" means Bluetwo IT Solutions (Pty) Ltd.

"Customer" means the individual or corporate entity or organization subscribing to services provided by the Company.

"Services" means access to and usage of the Company's network, computer resources, and data storage facilities, and third party facilities, including communication equipment, computer resources and stored data.

"Service Fees" means the charges payable by the Customer for the Services rendered by the Company and published by the Company in its Schedule of Fees from time to time.

Scope of the Agreement

This agreement constitutes the full and entire understanding and agreement between the Customer and the Company with regards to the supply of the service.

Terms of the Agreement

This agreement shall commence on the earliest event either the acceptance by the Company of the Customer's Application Form or the Customer first usage of the service.

Variations of the Agreement

The Company reserves the rights to vary this agreement by giving to the Customer not less than seven (7) days notice.

Service Disclaimer

The Company makes no warranties what so ever, either expressed or implied as to the services it provides, its quality or performance, nor to the fitness of its services for a particular purpose.


Web & Graphic Design Services

All Web & Graphic Design Services performed by or through Bluetwo IT Solutions are subject to a non-negotiable fee. This fee is NON-REFUNDABLE in any way due to the labour intensive nature of this service. Upon the job's completion or in the event that a project is terminated by Bluetwo IT Solutions or the Client, any outstanding balances must be paid for in full before Bluetwo will upload/release the project to the internet or client unless otherwise arranged and signed into writing by both parties. The client agrees that they are solely responsible for payment and acknowledge that BlueTwo will take legal recourse against them to reclaim the outstanding amount due on their account.

Hardware and Software

All hardware and software remains the exclusive property of Bluetwo until fully paid for by the client. Bluetwo also reserves the right to not order or install any hardware or software on the clients machines or networks until paid for in full. Should the client request software or hardware to be installed before payment is received and Bluetwo agrees (Under Special Circumstances Only) the client agrees that they are solely responsible for payment and acknowledge that BlueTwo will take legal recourse against them to reclaim the hardware or the full amount due in the case of software products ( which cannot be resold due to the nature of the product ).

Returns

Hardware Returns:
A 10% handling charge at the current price will be issued for goods being returned after 48 hours and up to a maximum of 14 days after original purchase date provided that ALL goods are in reasonable condition and ALL cables/manuals/clips are included.

Software:
Unfortunately we DO NOT accept any software returns or pass credit if the product has been opened or the serial number has been released according the the International Piracy Act. We apologise for any inconvenience this may cause. Returns will only be accepted if there was visible physical damage to the disc upon opening the product.

Piracy

Bluetwo does NOT support piracy in any way be it in the means of hardware or software, including but not limited to, ALL operating systems ( Windows 98,ME,2000,XP,Vista, OSX, Linux). Bluetwo will NOT format, service or repair a machine which does not have a valid licence code for its operating system. The client acknowledges that Bluetwo will not perform any services should this be the case. It is the clients sole responsibility to ensure that their machine is running legitimate and valid software.

Provision of Service

Subject to due compliance by the Customer of its obligations under this agreement, the Company will supply the Services to the Customer to the best of its ability and by those means as the Company deems appropriate from time to time.

Service availability

The Company shall endeavor to make available its services 24 hours a day, seven days a week except for network maintenance, that when possible, the Company will notify in advance. There is no guarantee explicit or implicit that the Customer will gain instant access to the service at any particular time.

Exclusion of Liability

The Company accepts no responsibility and will not be liable for any delay or failure to perform its obligations under this agreement and the Company will not be held responsible for any damages suffered by the Customer under events including but not limited to an act of God, insurrection, industrial disputes, mechanical or software malfunction, electronic equipment failure, service interruptions loss or corruption of data or information, errors or omissions.

Customer Responsibility

The Customer agrees to provide telephone line, cables, computer, modem software and any other equipment as is necessary to access the service.

The Customer will retain a backup of data or software as is necessary to maintain or replace the Customer data stored on the Company's data storage facilities.

The Customer will not reveal to others its account access password, nor will assign, transfer or delegate the Customers responsibilities and obligations to any other person. Furthermore the Customer is responsible for any charges incurred under access gained by the production of its account access password.

The Customer agrees to use of the Company's services for legal purposes only and the transfer or storage of any material through the services that breach any law or regulation is strictly prohibited. This includes but not limited to, data, material and information that is protected by copyrights, obscene, slanderous, discriminatory, threatening or in breach of any law or regulation. Furthermore the Customer agrees to be liable for any fines, fees or damages charged to the Company or any other party because of the Customer actions.

Service Fees

All accounts are payable in advance. The Company reserves the rights to modify its rates and pricing structure for the Customer by notifying the Customer fourteen (14) days in advance.

Invoices

All invoices are payable within 21 (TWENTY-ONE) days of invoice date or before the 7th of the following month, whichever arises first.

Attorney Costs

Should it be necessary for Bluetwo IT Solutions (Pty) Ltd. to employ the services of an Attorney for the recovery of outstanding debts owed to Bluetwo or any litigation by a client against the terms found in the Bluetwo Terms and Conditions reference, then the client acknowledges that it will be liable for any/all costs on an Attorney and its own client scale. All collection commission and interest thereon also to be for the clients account.

Termination

This agreement shall remain in force until terminated by either party by giving thirty (30) days written notice. The Company reserves the right to terminate the Services without notice if the Customer breaches this agreement, or abuses or misuses the services. The Company reserves the rights to define what constitutes abuses or misuses.
 
The Company also reserves the right to suspend ALL services of the Customer should the customer fail to pay their account in any way by the final due date (currently the 20th of each month). Be it by cost incurred through technical services, design services or hardware/software, ANY amount not paid by The Customer by the due date, shall give The Company the right to suspend any and/or all services held by The Customer.
 
The Customer must pay the Service Fee for any minimum period of service specified (if any) on the application form. If Customer terminates this agreement before the expiry of any minimum period, it must immediately pay the Service Fee for the remaining part of that minimum period.
 
By order of the Board of Directors of BlueTwo IT Solutions (Pty) Ltd.