Terms and Conditions

Terms And Conditions

1. GENERAL TERMS

Data is for all intents and purposes accurate at the time of being provided. Validation and verification of data is carried out by third parties and All Things SA.co.za does not take any responsibility for errors, ommissions &/or duplicates.
All data provided is publicly available. For all intents and purposes no private / personal information has been obtained or merged with the existing database at any stage by All Things SA.co.za.
Clients are required to maintain their own unsubscribe list should contacts request for their details to be removed at any stage. For any communications (telephone, fax, email, physical, postal) carried out by the client using the All Things SA database the client agrees they will adhere to all relevant legislation relating to Electronic Communications (as outlined in the Electronic Communications and Transactions Act - Act 25 of 2002) and Protection of Private Information (where and/if applicable). Clients accept that should any legal action arise against the client from the use/misuse of the data provided by All Things SA (for whatever reason including breaching the terms and conditions set out here) that no claim for damages / compensation shall be brought, either directly or indirectly, against All Things SA.
With regard to the African Database - different telephone / dialling formats are present within the database - to verify the correct dialling codes for each country visit: http://www.countrycallingcodes.com/ or http://www.countrycode.org/
Clients agree to not re-sell the data at any stage either in part or as a whole.
All Things SA reserves the right to change prices for datasets at any stage and also to exclude certain contact fields for whatever reason
Due to the digital nature of the products offered by All Things SA, refunds will not be issued for any reason.
In order to compensate for ordinary data inaccuracy All Things SA typically provides an oversupply of contact fields, or discounts the invoice value upon receipt of order.
Clients accept that they have read and accepted the terms and conditions for All Things SA upon payment of an invoice from All Things SA.

2. ALL THINGS SA DATABASES

All database information is and remains the property of All Things SA, unless purchased outright (see point 2.7).
Payment is prior to delivery of any database purchases or rental
Payment for E-mail campaigns and digital marketing is strictly COD until an approved line of credit (if requested and approved) has been established with All Things SA.
Database rentals are intended for one marketing/communication distribution only. This means one piece of post, or one fax, per member of the database only.
Database purchases allow the purchaser complete access to the purchased data for a 12 month period after purchase.
All database purchases and rental include only those contact fields requested.
Any other distributions to the database, other than those specifically paid for, will be deemed not to be in accordance of these terms and conditions, and will require payment as deemed appropriate by All Things SA, or will lead to criminal charges.
Database purchases / rentals are undertaken at the risk of the user. No guarantees are offered in terms of the accuracy of the data, and no refunds will be awarded accordingly.
Should the client make use of e-mail campaigns to any database purchased / rented an 'unsubscribe' option will be made available on each message, in accordance with prevailing legislation..

3. DISCLAIMER

Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither All Things SA nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site.
Furthermore, All Things SA makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions. Users are encouraged to report any possible malfunctions and errors to info@allthingssa.co.za

4. TERMS OF SUBSCRIPTION &/OR OUTRIGHT PURCHASE AGREEMENT

Ads on Fax cc (“All Things SA”) shall provide to the User the facility for provision of business contact information based on the quantity and relevant service (as selected when registering to use the website).
The term “Entries” as referred to in this agreement relating to the different Subscription Service options and Outright Purchases, refers to a row of data and all available contact fields within that row.
The term "Contact Field" refers to contact details including but not limited to: company name, business classification, telephone number, fax number, physical address, postal address, email, cell phone number, website address, province, broad area, town, suburb, and contact person.
The term "agreement" will include both the Subscription and Outright Purchase services and both services will be governed by ALL terms included in this agreement.
The term "Subscriber" will include users that utilise the Subscription AND Outright Purchase Services.
The term "User" includes both Subscription and Outright Purchase clients.
The effective date of this Agreement is the date of acceptance hereof by the User - which will typically be linked to the date the account is registered.
The Subscription Agreement shall endure for a period of 6 months commencing on the effective date and, shall be automatically renewed for further periods of 6 months, in perpetuity, unless cancelled in writing by either party giving the other at least one calendar month’s notice prior to the expiry of any subscription period.
Subscription fees are due and payable monthly in advance by the 3rd of each month and shall be paid by the subscriber by electronic funds transfer directly into the bank account of Ads on Fax cc. These details will be supplied to the Authorised Signatory on this agreement.
It is the responsibility of the subscriber to ensure that they allow adequate time for payments to clear by the 3rd of each month considering factors that may delay payments from clearing such as holidays, weekends, inter-bank payments and any other possible reasons for payments being delayed. Should payments not be received by the 3rd of each month, subscribers requests for data queries and/or delivery will be delayed until such time as payment is received.
Subscribers who require manual data requests will be charged for according to the level of work required to complete the request to be disclosed and accepted by the User before the work is undertaken.
Should a subscriber not use or request their full allocation of available credits for a month/period of few months, which will depend on the subscription service requested when registering, or as changed by the client at a later stage, these unused credits will carry over to the next available month.
Ads on Fax cc reserves the right to terminate and clear credits on accounts where the terms of use have been contravened, or where clients accounts are dormant for a prolonged period – typically 6 months, or for whatever other reason as is reasonably anticipated.
Subscribers will be provided with all available contact fields sortable by geographic fields, however, no priority will being given to individual contact fields such as telephone, fax, address, cell, website and / or email.
Ads on Fax cc reserves the right to exclude any contact fields from data provided without notice as required.
Subscribers are able to purchase data sets over and above their subscription service selection at the prices outlined as per the prevailing prices disclosed and active on the All Things SA website prices page.
All Things SA reserves the right to at any time exclude certain contact fields from being made available, either with respect to a specific data request and/or with regards to the overall provision of data within the Subscription Agreement as a whole.
All enquiries relating to new campaign requests and contact field counts will be sent to: info@allthingssa.co.za.
All prices in this Subscription Agreement are exclusive of Value-Added-Tax ("VAT") and VAT must be included in all payments made towards the Subscription Service.
All Things SA reserves the right to increase its fees at the beginning of each subscription period or as and when necessary. It will give the subscriber 1 month’s written notice of such increase and the increased fees will come into effect on the expiration of such notice.
All Things SA shall not be liable for any loss or damage of whatever kind, whether arising in contract, delict or otherwise, including and without being limited to, indirect, special or consequential damages or loss, suffered by the User relating to the activation, implementation or use of the subscription or outright purchase service or any other services provided by All Things SA to the user.
All Things SA gives no warranties or representations, express of implied, statutory or otherwise, with regard to the subscription and outright purchase service and the data provided.
All Things SA has no obligation to produce improvements or upgrades to the subscription services however if it does make such upgrades or improvements commercially available, it reserves the right to charge for the use by the subscriber of these improvements or upgrades.
If the subscriber fails to pay any fees to All Things SA by the 3rd of the month on which the payment is due, or breaches any of the provisions of the Subscription Agreement, or is placed into liquidation, sequestration or under judicial management, whether provisional or final, or commits an act of insolvency, All Things SA has the right, without prejudice to any other rights that it has in law to:

a) Claim specific performance of the subscriber’s obligations under this Subscription Agreement whether or not same are due for performance; or
b) Immediately terminate this Subscription Agreement, and in both cases All Things SA shall be entitled to claim from the Subscriber whatever damages or loss it has suffered.

In the event that the Subscriber terminates this Subscription Agreement prior to the expiry of any subscription period, All Things SA shall furthermore be entitled to the subscription fees that would have been payable in respect of the remaining period of the subscription period at the date of such termination.
The parties choose as their domicilia citandi et executandi for all purposes under this Subscription Agreement, the addresses set out on the first page here of.
This subscription and outright purchase agreement shall be governed by the laws of the Republic of South Africa.
This subscription and outright purchase agreement constitutes the whole agreement between the parties and no amendment or consensual cancellation hereof or waiver or relaxation or suspension of any of the provisions hereof shall be binding unless reduced to writing and signed by the parties. Any relaxation or indulgence granted by one party to the other will not prevent the first party from exercising its rights under this subscription and/or outright purchase agreement at a later stage.
Should any of the provisions of this Subscription and/or Outright Purchase Agreement be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions, which will continue to be valid and enforceable.
In the event that All Things SA institutes legal proceedings against the user to enforce or defend its rights in terms of this Subscription and Outright Purchase Agreement, the user undertakes to pay All Things SA’s legal fees on the attorney and own client scale, including fees of counsel on brief, tracing agents fees and collection charges.
The User may not cede its rights or assign its obligations under this Agreement without the prior written consent of All Things SA.
All Things SA reserves the right to cede its rights and assign its obligations under this Agreement without prior written consent or confirmation or acceptance from the user.
Users agree to all the Terms and Conditions relating to the usage of data through All Things SA as outlined in the General Terms and Use outlined at the beginning of the document.

with specific regards to (but not limited to):
- point 1.5 – Clients agree to not re-sell the data at any stage either in part or as a whole;
- point 2.5 – Usage of data is limited to "a period of 12 months"
- Disclaimer – points 3.1 & 3.2.

Outright Purchase users will only be provided access to download their data or receive their data once payment has cleared into the Ads on Fax cc bank account outlined on the relevant invoice sent to the user. Payments can take up to 3 to 5 working days to clear and as such payments are recommended through express clearing to speed up the delivery of data.
Ads on Fax cc reserves the right to with-hold data delivery to clients for whatever reason whether disclosed and/or undisclosed with a refund being applied where applicable.