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1.1. In these Terms, unless
the context otherwise requires; ‘CUSTOMER NUMBER’ means the
number provided by Islam 4 U Directory CC to the Customer; ‘INTELLECTUAL PROPERTY RIGHTS’ means patents, trade marks, service
marks, registered designs, applications for
any of the foregoing, copyright (including,
without limitation, rights in computer software),
rights in databases, design right, trade and
business names and any other similar protected
rights in any country; ‘CUSTOMER’ means the
Advertiser; ‘Islam 4 U’ means Islam 4 U Directory CC of 48 Fountain Court, Overport, Durban, 4091; ‘SERVICES’ means the Services as described in
clause 2.5; ‘SERVICE
DATE’ means the 1st of January of the New Year; ‘SERVICE USER’ means the Service User as registered in Islam 4 U Directory CC’s
database; ‘SERVICE PERIOD’ means the period for which the Service will
be provided which will be 12 Months.; 'REGISTRATION
DATE' means the date the Service
User registers the Customer Number in Islam 4 U Directory CC’s
database; 'WEBSITE' means the http://www.Islam4u.co.za website. 'BOOK' means the publication MUSLIM DIRECTORY AND GUIDE. 'DEADLINE DATE' means the 31 October of each year preceeding the New Year.'Advert or Sponsorship' means the image supplied by the customer or their graphic designers.
2.1. Islam 4 U Directory CC shall
provide the Services from the Service Date
for the Service Period.
2.2. Unless these Terms and Conditions are
terminated by either party giving not less
than 2 (two) months notice in writing to the
other the Contract shall stand for the service period.
2.3. Islam 4 U Directory CC reserves the right to make
such amendments to the Services as it deems
necessary at any time on giving notice to
the Customer provided that no amendments will
be made that will materially decrease the
level of Service given.
2.4. Islam 4 U Directory CC will provide access to it’s
directory via the following channels:
2.4.1. Yearly publication Distributed nationally to most major cities in South Africa
2.4.2. Internet via http://www.islam4u.co.za
2.5. The following Services will be given:
2.5.1.Access to Website: This entails helping users
find information in the website for any organisation or business listed in the website.
2.5.2 Access to the Book: This entails helping users
find information in the Book for any organisation or business listed in the Book.
2.6. Where a query is logged, Islam 4 U Directory CC will use all reasonable
endeavours to respond within 48hrs.
2.7. Islam 4 U Directory CC agrees to provide Advertisng in the Book and Website. However, although any faults or errors
in such Advert or Sponsorships is not the responsibility of Islam 4 U Directory CC for remedying
these faults or errors. The Customer is responsible
for ensuring that the Advert or Sponsorships used is appropriate
for their requirements and used
in accordance with their requirements. The
Customer will need to revert back to their
Advert or Sponsorship suppliers to remedy any faults
or errors that may occur in the Advert or Sponsorship.
2.8. Islam 4 U Directory CC agrees to design the Customers advert if required at a fee of 10% of the price of the advert. Islam 4 U will proof the Advert or Sponsorship with the customer and it is the customers responsibility to recommend changes prior to the deadline date. Any errors in the Advert or Sponsorships will be the responsibility of the customer.
2.9. Ownership of the Advert or Sponsorship shall remain
with the Islam 4 U Directory CC if designed by Islam 4 U Directory CC
2.10. The parties acknowledge that the Advert or Sponsorship
only relate to advertising in the Muslim Directory and Guide and do not include any obligations
to resolve errors that may be found in other publications.
2.11. The Services shall be provided solely
for the benefit of the Customer.
2.12. Only the Customer as registered in Islam 4 U Directory CC’s’
database shall be covered by the Contract.
2.13. The Customer acknowledges that any Advert or Sponsorship designed by Islam 4 U is supplied for the Customer’s
exclusive use in the Muslim Directory and Guide and shall not be passed on to
or used by any other party without prior permission.
2.14. The Customer undertakes that it will
at all time take reasonable care to ensure
that the Advert or Sponsorship is not utilised by
a Third Party without prior permission.
2.15. Should the Advert or Sponsorship be used by
a Third Party, the Customer acknowledges that
they will be liable to pay the amounts set
out in clause 2.18 to Islam 4 U Directory CC.
2.16 The Customer will get permission from Islam 4 U if the Advert or Sponsorship is to be used by third parties
2.17. The Customer will Support Islam 4 U Directory CC’
decisions regarding the Services.
2.18.1.The Customer shall to Islam 4 U Directory CC pay
the Charges applicable to such unauthorised
use.
2.18.2. Islam 4 U Directory CC shall have the right to
terminate the Services immediately, without
any recourse whatsoever by the Customer.
2.19. The Customer agrees to provide Islam 4 U Directory CC with all assistance, material
and accurate information for the
purposes of providing the Services.
2.20. The Customer shall pay the charges (in
rands), including value added tax,
in advance of the Services commencing.
2.21. Upon renewal as envisaged
in clause 2.2, Islam 4 U Directory CC shall Invoice the
customer for the Services 10 month prior to
the Services commencing.
2.22. Islam 4 U Directory CC reserves the right to suspend
the Services where the charges are not paid
in advance of the Deadline Date.
2.23. Notwithstanding any provisions to the
contrary in the Contract, nothing in the Contract
shall be construed as limiting or excluding
Islam 4 U Directory CC' liability for fraud or for death
or personal injury resulting from its negligence.
2.24. The Customer acknowledges that Islam 4 U Directory CC
will be relying upon information supplied
by the Customer to Islam 4 U Directory CC in relation
to the provision of Services and that such
information may be incomplete or inaccurate.
Islam 4 U Directory CC shall not be liable to achieve
the required service levels to the extent
that such failure results from:
2.24.1. Incomplete or inaccurate information
supplied by the Customer to Islam 4 U Directory CC;
2.24.2. A breach by the Customer of any of
its obligations under the Contract;
2.24.3. Failure attributable to the use of
telecommunications, satellite or other form
of voice or data connectivity between the
Customer and Islam 4 U Directory CC; and
2.24.4. An event of Force Majeure within clause
2.29.
2.25. Except for fraud or for death or personal
injury caused by its negligence, Islam 4 U Directory CC'
entire liability in contract, tort (including
negligence) or otherwise (including any liability
for the acts and omissions of its employees,
agents or sub-contractors) to the Customer
in respect of all breaches of the Contract
and all negligent acts or omissions arising
in connection with the Contract in aggregate
in any shall not exceed R1,000.
2.26. For the avoidance of doubt, Islam 4 U Directory CC
(including its employees, agents and sub-contractors)
shall not be liable to the Customer for:
2.26.1. Any loss of business, profits or contracts,
damage to goodwill, loss of data, increased
production costs or any other costs; or
2.26.2. Any indirect or consequential loss
(including loss or damage suffered as a result
of an action brought by a third party)
even if such loss was reasonably foreseeable
or Islam 4 U Directory CC had been advised of the possibility
of such loss being incurred.
2.27. The Customer’s internal network
remain their respective responsibilities and
accordingly Islam 4 U Directory CC will not be liable
for any interruptions to the Services which
occur as a result of any fault in such internal
network which is not attributable to any negligent
act or omission of Islam 4 U Directory CC.
2.28. The Customer acknowledges that it is
in a better position to foresee and evaluate
any potential damage or loss that it may suffer
in connection with the Services and that the
Charges have been calculated on the basis
that Islam 4 U Directory CC shall exclude its liability
as set out in the Terms.
2.29. Islam 4 U Directory CC shall not be liable for any
breach of its obligations under the Contract
resulting from causes beyond its reasonable
control, including but not limited to fires,
strikes (of its own or other employees), trade
dispute, insurrection, terrorism or riots,
requirements or regulations of any civil or
military authority, acts of God, breakdown
of any third party connection or equipment,
any act or omission of the Customer, and any
malicious software attacks including viruses,
worms and computer hacking.
2.30. In the event of such circumstances arising,
Islam 4 U Directory CC shall be entitled to cancel or
suspend the Contract and/or the provision
of the Services without incurring any liability
of any nature, but without prejudice to rights
accrued to Islam 4 U Directory CC in respect of Services
already provided.
2.31. The failure by either party to exercise
any of its rights under the Contract shall
not amount to a waiver of any such right,
nor operate so as to prevent any future enforcement.
2.32. The parties confirm their intent not
to confer any rights on any third parties
by virtue of these Terms and Conditions and
accordingly the Contracts (Rights of Third
Parties) Act 1999 shall not apply to these
Terms and Conditions.
2.33. The Terms shall not be amended or varied
in any way without the prior written agreement
of both parties.
2.34. All registered trademarks and trade
names which appear in these Terms and Conditions
or in any other Islam 4 U Directory CC documentation or
on the Islam 4 U Directory CC website are acknowledged
as those of their respective proprietors.
2.35. If any provision of these Terms and
Conditions is or becomes illegal, invalid
or unenforceable that shall not affect the
other provisions of these Terms and Conditions
or remainder of the affected provision, which
shall remain in full force and effect.
2.36. Any reference in these Terms and Conditions
to singular includes plural and any references
to plural includes singular.
2.37. These Terms and Conditions shall be
governed by and construed in accordance with
English law and the parties agree to submit
to the exclusive jurisdiction of the English
courts.
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