Terms of Service - Smartweb

1. DEFINITIONS
Throughout this Terms of Service (“Agreement”), the following expressions will be deemed to have the following meanings, unless inconsistent with the context.

a. “Smartweb”, “smartweb.co.za”, “we”, “us”, “our”, means Smartweb Group (Pty) Ltd
b. “Our Website” means the Internet websites where we trade or conduct our business from, under the name of Smartweb. This includes but is not limited to www.smartweb.co.za
c. “You”, “Purchaser” and “Your” refer to you or any agent, employee, servant or person authorised to act on your behalf.
d. “Certificate” means the SSL certificate you have ordered or purchased through Smartweb.
e. “Certificate Authority” means the company who supplies the SSL certificate you have ordered.

2. CERTIFICATE ORDERS

a. You accept sole responsibility for your choice of certificate to order. Any advice or guidance given by Smartweb is based upon the information available at the time, which may be limited or restricted. Therefore we cannot offer any guarantee or warranty of any kind; this includes but is not limited to fitness for purpose.
b. All certificates are sold subject to your agreement to the issuing Certificate Authority’s Terms of Service for the certificate ordered.
c. All orders need to be paid in full to Smartweb before the order for the certificate will be initiated with the Certificate Authority.
d. We reserve the right to refuse any order and block customers from ordering from us in the future.
e. We reserve the right to put any order on hold to verify the identity of the purchaser.

3. CERTIFICATE ISSUANCE & USAGE

a. The validity period, type of certificate and domain/subdomain secured by the certificate cannot be altered once the certificate has been issued.
b. Unless installation service is purchased, you are responsible for the correct installation of the certificate. You acknowledge that incorrect installation of the certificate may cause browser warnings.
c. You acknowledge that if non-secure http:// resources using are called within the pages on your website being viewed under https:// that this will cause browser warnings relating to the security of your website and this has no association with the certificate.

4. CERTIFICATE RENEWALS

a. You consent to receiving email notification of your certificate renewal prior to certificate expiry. These emails will be sent to the contacts provided at the time of order placement.
If you choose to cancel, change or renew your certificate with another supplier you will still continue to receive these notifications until the final notification after certificate expiry.
b. Various factors may prevent you from receiving email notifications from Smartweb regarding your certificate expiry, and therefore you should not rely solely on these emails to track when your certificate is due to expire. These factors include, but are not limited to, your contact details with us being incorrect or out of date and emails from Smartweb being picked up by any anti-spam or junk mail filtering your have on your email service.
c. A tax invoice for your renewal will be issued within 30 days of the renewal date of your initial order placement.
d. You acknowledge renewal of your certificate does not only require payment for renewal but also requires re-issuance of your certificate by the Certificate Authority and your certificate renewal does not take effect on your website until you have updated the installation of the certificate on your web server with the new certificate.
e. You accept sole responsibility to ensure your certificate is renewed and installation updated prior to the expiry date, and acknowledge that failure to do so will result in visitors to your website experiencing browser warnings caused by the use of an expired certificate.

5. CERTIFICATE EXPIRATION / CANCELLATIONS

a. If you do not wish to renew your certificate please notify Smartweb at least 30 days prior to your certificate expiry date to ensure your order is cancelled before renewal order takes place.
b. Any refund for cancellation requested after renewal transaction has taken place is subject to the refund conditions below.

6. PRIVACY.
You can view Smartweb’s Privacy Policy, which is incorporated herein by reference, as it is applicable to all Smartweb products and services. The Privacy Policy sets out Your rights and Smartweb’s responsibilities with regard to Your personal information. Smartweb will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

7. PRICING

a. Prices for certificates advertised on our website, charged upon order placement, and only any Tax Invoice issued by Smartweb are in South African Rands (ZAR) when stated.
b. Prices for all certificates are subject to change at any time during the validity of your certificate, which will affect price charged for the renewal of the certificate.
c. Any promotional price or discount provided with initial order placement for the certificate will not apply to the price of certificate renewals, unless otherwise arranged and agreed to by Smartweb.
d. Retail prices are subject to change by the Certificate Authority without the knowing of Smartweb and therefore the retail price displayed on our website may not always be accurate.

8. PAYMENTS

a. Payments made through our website can be made by VISA, Mastercard or Bank Transfer.
b. All payments are invoiced and charged in South African Rands (ZAR) when stated.

9. REFUNDS

a. You can request a refund within 30 days of the transaction for the certificate purchase or renewal
b. Refunds can only be issued by Smartweb if the order has not been initiated with the Certificate Authority and the certificate ordered has not been issued, upgraded or renewed.
c. Refund requests for certificates that have been issued, renewed or the order for the certificate has been initiated with the Certificate Authority are subject to the approval by Smartweb, and if approved, will be provided as an account credit to your Smartweb account.
d. If your order is refused, or your request for refund is granted, we aim to refund the payment for the certificate within 7 working days.
e. All approved refunds will be the amount approved by Smartweb minus any fees or costs imposed on Smartweb, this may be up to 20% of the total amount invoiced.
f. Cryptocurrency payments can only be refunded to your Smartweb account balance for future purchases.

10. CERTIFICATE WARRANTY
All advertised warranties for certificates on our website are offered by the relevant Certificate Authority and are not offered directly from Smartweb. All warranty claims must be initiated by you directly with the Certificate Authority and have no involvement with Smartweb.
Smartweb makes no warranties of any kind, expressed or implied for the products we provide.
Warranty values are subject to change by the Certificate Authority without the knowing of Smartweb and therefore the warranty value displayed on our website may not always be accurate.

11. YOUR OBLIGATIONS

a. All products or services provided by Smartweb must not be used for any activity that, up to our discretion, may harm us or bring into disrepute.
b. Access to any area of our website requiring you to login is always protected with a secure password that is properly guarded and not disclosed to any third party.
c. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to derive source code from any product or area or our website except as permitted by law.
d. You have no claim to any intellectual property rights on any product or service purchase through Smartweb
e. You are solely responsible for the safe keeping of certificate and private key pair. Re-issuance of the certificate is solely up to the discretion of the Certificate Authority and may not be available, or may incur additional fees.

12. ACCOUNT SECURITY
Please safeguard your account login identifier and password from any unauthorised use. You agree that any person in possession of your account login identifier and password will have the ability and your authorisation to modify your account information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorised access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorised access to your account or services, you agree that we may charge you administrative fees of R900 (South African Rands) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account to you.

13. INDEMNIFICATION AND LIABILITY

a. You agree to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers and our employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by you, your agents, or your employees. This is on a full indemnity basis and this includes but is not limited to:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with us.
- Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party.
- Any defective products sold from an internet server secured by a certificate purchased through Smartweb.
- Your breach of any part of these Terms of Service.
- Any negligence, omission, misuse or error on your part.
- The operation, breakdown or malfunction of any equipment owned or used by you where a certificate purchased through Smartweb has been installed.
- Your use of a certificate purchased through Smartweb
b. We shall not be held liable for any of the following types of loss, whether direct, indirect or consequential. This includes cases where we have been notified that you will incur such losses:
- Financial loss, including loss of profits, earnings, business, goodwill and business interruption.
- Expected or incidental losses, loss of expected savings, loss of sales, failure to reduce a bad debt, reduction of the value of an asset.
c. You agree that we will not be held liable for any delay or failure in the performance of our obligations under these Terms of Service caused by event outside our reasonable control.
d. We will not be responsible for any damages that you or your business may suffer.
e. We disclaim any warranty or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us, our employees or any other party.

14. LEGAL AGE
You attest that you are of legal age to enter into this Agreement.

15. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without the prior express written consent of Smartweb.

16. GOVERNING LAW AND JURISDICTION
You agree that these terms are governed by the laws of the Republic of South Africa and the South African Courts have exclusive jurisdiction.

17. FORCE MAJEURE
Neither party shall be deemed in default here-under, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations here-under due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Smartweb, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Smartweb may immediately terminate this Agreement.

18. CHANGES TO OUR TERMS OF SERVICE
You agree that Smartweb may modify our Terms of Service and the services it offers to you from time to time without notice. We reserve the right to revise our Terms of Service and other policies at any time without notice.

19. HEADINGS
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.