Xpedia Online Services General Terms and Conditions
The terms and conditions below set out your rights and obligations when you register for, or use any of Xpedia’s online services.
The terms and conditions below set out your rights and obligations when you register for, or use any of Xpedia’s online services.
By registering for or using any of our services you agree that you have read, understand and are bound by these terms regardless of the manner in which you registered for, or use, the services.
If you do not want to be bound by the terms, you must not register for, or use, a service.
If you have concluded a written contract with us, you will also be bound by these terms. However, to the extent that there is a conflict between such a written contract and these terms, the stipulations of the written contract will prevail.
In these terms:
We may change any or all of the terms including (without limitation) the charges at any time without notice to you. Any changes will become effective when we publish them on the Xpedia website.
You must check the Xpedia website and the terms regularly for changes. By continuing to use our services after we make changes, you agree to be bound by the changed terms and charges. If you do not accept the changed terms or charges, you must stop using the services (see the section headed “Ending this agreement or a service” below).
Some of our websites or documents may contain additional rules, guidelines, charges or terms and conditions. By subscribing to or using our services relating to those websites or documents, you agree to be bound by, and comply with those additional terms. To the extent that there is a conflict between these terms and additional terms, the additional terms will take precedence.
We always try to provide the services to the best of our ability.
We may suspend, interrupt, change or end any service for any reason without notice, in our sole discretion. We will however attempt to widely publicize changes to the services which apply generally, in line with good business practices.
We may also give you advance notice of any interruption of a service due to maintenance.
In this section:
You subscribe to and use any service at your own risk. Subject to the ECT Act, neither we nor our affiliates, employees, shareholders, agents or service providers are liable to you or any third party for any damages suffered by you or a third party howsoever arising, including (without limitation) any damages suffered by you due to:
If you suffer damages or are dissatisfied with a service your only remedy is to end the agreement or stop using the service (see the section headed “Ending this agreement or a service” below).
You indemnify us and our affiliates, employees, shareholders, agents and service providers against all third party claims, damages and legal costs howsoever arising from or relating to:
Despite anything to the contrary in these terms, we:
Without limiting the generality of the above, no service is fault-tolerant or is designed, manufactured or intended for use or resale as online control equipment in high risk activities. In addition to other disclaimers and limitations contained within this agreement, we and our affiliates, shareholders, employees, agents and service providers specifically disclaim any express or implied warranty of fitness for high risk activities including emergency notification services.
You should not regard any information, ideas and opinions expressed on the Xpedia website, or any of our other websites or documents, as professional advice or as our official opinion, unless specifically stated otherwise. Please get professional advice before you take any course of action related to the information ideas or opinions expressed on the Xpedia website, or any of our other websites or documents.
Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitation may not apply. In such jurisdictions, our liability (and the liability of our affiliates, employees, shareholders, agents and service providers) shall be limited to the greatest extent permitted by applicable law.
In any cases where we provide the services of third parties or our services are provided in conjunction with those of third parties, including (without limitation) network providers, the following conditions apply:
You must at your own cost acquire and maintain equipment and services as may be necessary to use our service, including (without limitation) computers, telephones, other communications equipment or software, network or internet access.
You must ensure that equipment and services that you purchase for use with our services are compatible with the service concerned before you register for or use the service.
Sometimes to register for, or use, a service you must give us information about yourself as prompted. You warrant that all information you give is current, complete and accurate. We may suspect or stop any service if you give information that is not current, complete and accurate. You must promptly notify us if any of the information you provided changes.
You must choose a password and account name. You:
We respect your privacy. We won’t monitor, edit or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law. We will try our best to protect your privacy on systems and websites that we control.
However, we are not liable for any unauthorized or unlawful disclosures of your personal information by third parties who are not subject to our control (for example, advertisers and websites that have links to the any of our websites).
Please note that the information and privacy practices of our business partners, advertisers, sponsors, or other sites to which we provide hyperlinks, may be different from ours.
You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communication shall not constitute spam. You may ask us to stop providing you with such communications.
You must only use the services:
When you use our services you must not:
You may end a service at any time for any reason by following the procedure set out in the service’s additional terms or on the website associated with the service. If no such procedure is described in the service’s additional terms nor on the website associated with the service please send an email to firstname.lastname@example.org to determine the correct procedure to end the service.
When you end a service, the relevant provisions of these terms will apply including (without limitation) the provisions set out under the “Charges, payment and credits” section below.
If you wish to terminate this agreement, please send an e-mail to email@example.com to enquire about the termination procedure. Terminating this agreement will result in suspension of all services associated with your account.
From time to time, Xpedia may offer free trial credits to new users. We expect users to use these trial credits to test the functionality of our products. We regard multiple registrations to make use of multiple free credits as an abuse of our trial service. Registration of more than one trial account by a single user is prohibited, unless specifically authorized by Xpedia in writing.
In consideration for using our services, you must pay us our charges, at the applicable rate then in effect, in the manner we specify.
We may fom time to time for limited periods offer “free trial” or similar promotions during which no charges or reduced charges shall apply. Such promotions are intended for you to test the capabilities of the service and/or for casual/personal use only. During such promotions, all these terms apply.
All charges are payable upfront. You must pay all charges upfront by buying service credits. If you have no credits, you cannot use the service. Once you have paid the upfront charges, you will only be able to use the service after a reasonable time as we need to confirm payment and allocate credits to your account.
If you choose to pay for a service by credit card, you authorise us or our payment gateway service provider to charge the credit card submitted by you as the manner/mode of payment for the services described herein. You warrant that you are an authorised user of such credit card. We take reasonable precautions to secure the processing of your credit card. However, we or our payment gateway service provider shall not be liable for any security breaches attributable to you including (without limitation), your failure to ensure that your electronic devices used to access our services are secure.
If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer or payment gateway service provider, but service credits are allocated to your account, you must pay all amounts due in respect of such credits, on demand.
Unless stated otherwise, all charges exclude taxes, including (without limitation) sales, use, personal property, value-added, withholding, excise, or other taxes and duties including penalties and interest. You are liable for, and must reimburse us for all taxes imposed in connection with or arising from the provision of any service (other than those assessed on our net income or capital gains). You will provide us with sufficient information to enable the timely payment of any applicable taxes. The sum payable by you upon which any taxes are based shall be increased to the extent necessary to ensure that, after the deduction or withholding of any taxes, we actually receive and retain, free from liability for such taxes, a net amount equal to the amount we would have received and retained in the absence of such taxes.
We may increase our charges at any time by notice to you. If we increase our charges after you have bought credits from us, we will give you 14 days’ notice of the increase. The increase will then apply to the credits that you have in your account. Within the 14 day period you may choose to either:
Credits not used more than 1 calendar year after purchase may be expired at our sole discretion. We will notify you at least 14 days before credits expire.
You may only use credits rightfully allocated to your account. We may remove credits wrongfully allocated to your account, and which you have not used, from your account without notice. You will be liable to pay us for credits wrongfully allocated to your account and that you have used.
You may request a refund on unused service credits only:
If you request a refund, we will determine the validity of the refund claim at our sole discretion and we will:
We may levy interest on any amount that are not paid when due at a rate of 2% above the prime rate, calculated from due date to date of payment, both days inclusive. The prime rate is the publicly quoted basic rate of interest (expressed as a nominal annual compounded monthly in arrear rate) as quoted by ABSA Bank of South Africa.
If you breach any of these terms, then we may immediately, without prejudice to any of our other rights and without notice to you:
If, as part of a service, you earn a revenue share from us, or from a third party, and you are in breach of these terms, we may, without prejudice to our rights, retain any of your revenue share held by us at the time of the breach as a genuine pre-estimate of the damages suffered by us as a result of your breach.
In all cases, we may keep all amounts already paid by you and recover all our costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.
If this agreement ends or a service is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use or credit purchases before the ending or suspension. Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension of access to, or use of, a service (in whole or in part) where the suspension arises from your failure to comply with the terms.
Upon ending and/or cancellation of a service or this agreement, for any reason, you must immediately stop using the service and remove all downloads related to the service from any computer, database or server in your possession or under your control.
We have no obligation to you after any termination or cancellation of this agreement. We have no obligation to you in respect of any service after suspension of the service.
We (or the appropriate third party) retain all intellectual property to our services, systems that provide the services and downloads related to the services. You may not, without our prior written consent, directly or indirectly:
You must comply with all national and international laws pertaining to intellectual property rights.
You retain ownership of any original content that you provide when you use a service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when using the service.
We may provide hyperlinks to websites that we do not control (target sites). We don’t necessarily endorse, agree with or support the content, products and/or services of target sites.
By subscribing to or using a service, you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems. For the purposed of this clause, “intercept” and “monitor” bear the meanings ascribed to these words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No. 70 of 2002.
The following represents the information that must be provided by Xpedia in compliance of section 43 of the Electronic Communications and Transactions Act. This information applies to Xpedia’s online services and any electronic transactions or services available through any of the Xpedia websites. For detailed info relating to other services provided by Xpedia, which may not be covered by this agreement, request information by e-mail to firstname.lastname@example.org.
In this section, “data messages” means data messages as defined by the ECT Act.
The information, goods and/or services advertised on our websites are not an offer, but merely an invitation to do business.
We are deemed to have received any message you sent only if and when we respond to your message, or when we acknowledge receipt. Notwithstanding section 23(b) of the ECT Act, we are not deemed to have received a data message if that message was blocked, filtered and/or destroyed by a content filtering or anti-virus system.
Any data message we address to you is deemed to be:
Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us.
Subject to the provisions of section 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, we are under no legal duty to encrypt any content or communications from and to you and are also under no legal duty to provide digital authentication of any pages on any of our websites.
Xpedia provides IT solutions that are professional, cost-effective and built around your specific needs. We have the experience, and the right combination of technical know-how to effectively ensure long-term value.
Falcon Crest Office Park
142 South Street
+27 12 667 2970