CYBER RETALIATOR SOLUTIONS (PTY) LTD STANDARD TERMS AND CONDITIONS
- In these terms and conditions:
- 1 “The goods” means any goods, hardware, including software delivered electronically, training, and services as indicated on any forms, price lists, quotations, orders or invoices of Cyber Retaliator Solutions (Pty) Limited (“CRS“) or supplied by CRS.
- 2 “Customer” means the legal or natural person purchasing any goods from CRS or supplied any goods by CRS.
- 3 “ESD” means Electronic Software Delivery.
Cyber Retaliator Solutions (Pty) Ltd reserves the right to change pricing, registration terms and conditions, to make changes to any of our products or programs described on this website, or to change a course location or cancel a course at any time without notice. Cyber Retaliator Solutions (Pty) Ltd’s sole liability will be limited to the refunding of any fees paid in respect of the course, and Cyber Retaliator Solutions (Pty) Ltd shall not be responsible for any incidental or consequential loss arising whatsoever.
Your payment for attendance of one of our courses gives you a personal nonexclusive, nontransferable license to attend one class. Substitutions are allowed with 7 (“seven”) days’ notice. Substitutions made after that are subject to Cyber Retaliator Solutions (Pty) Ltd’s ability to substitute student and subject to full forfeiture of training funds. To substitute a student please contact firstname.lastname@example.org
Your learning and certification path are important to us. If dissatisfied, students can repeat a class as a “standby registrant” up to six months following their initial class. If the student exercises this guarantee, Customer is responsible for lab fees and any updated versions of course materials. Contact your training specialist for additional details at email@example.com for further information.
These General Terms and Conditions only apply to companies involved in conducting training sessions booked with a Cyber Retaliator Solutions (Pty) Ltd company (hereinafter CRS or Cyber Retaliator Solutions (Pty) Ltd) and invoiced by the latter..
“Open Seminar” refers to a training session with a published date and for which attendees from any company can register. The date and the place of delivery are determined by us. The content depends on the guidelines provided by the respective manufacturer.
“Closed Seminar” is a training session held for a closed group of attendees. The date and the place of delivery are determined together with the contracting company.
Seminars can be booked in writing, via email or on the Cyber Retaliator Solutions (Pty) Ltd training website. Since the number of participants in any seminar is limited due to pedagogical reasons, registrations are taken on a first-come first-served basis. The seminar contract enters into effect on written confirmation of the booking from Cyber Retaliator Solutions (Pty) Ltd.
- Data protection
(1)With regard to the provisions of the Federal Data Protection Law, we hereby inform you that we store and use your personal data as part of the fulfilment of the contract. In addition, your personal data will be used for marketing purposes. By your booking you agree to the aforementioned storage and use of your personal data.
(2)Your business contact data is thus used for marketing purposes, in order for us to send you flyers, programmes, seminar information and discount offers, as well as the seminar content.
(3) Your name may appear in contributions that you have drafted for us which we use for reference purposes.
(4) You can refuse the use, processing/transfer of your personal data for marketing purposes and/or withdraw your approval in this respect in writing at any time. After the receipt of your refusal/withdrawal, the respective data will no longer be used for marketing purposes, and/or the dissemination of publicity materials shall cease without further delay.
- Cancellation of seminars/ postponement of seminars
(1)Cancellation of closed seminars by the customer.
If you cancel within 24 days or more before the planned beginning of the seminar, no cancellation fee applies provided that you cancel in writing. If you cancel between 24 and 18 days before the planned beginning of the training, the cancellation fee shall amount to 50% of the total training price. If you cancel 18 days before the planned beginning of the training, you shall be liable to pay the full price of the training.
(2) Cancellation of open seminars by the customer
If the cancellation notice is sent to Cyber Retaliator Solutions (Pty) Ltd within 21 days before the beginning of the seminar, no cancellation fee applies. For cancellations after this deadline or in the case of the customer’s absence, the full seminar fee shall be due. The customer is entitled to send a replacement to participate in the seminar they have booked. This right can be granted by Cyber Retaliator Solutions (Pty) Ltd only for seminars that are held by Cyber Retaliator Solutions (Pty) Ltd directly.
(3) Cancellation by Cyber Retaliator Solutions (Pty) Ltd.
Cyber Retaliator Solutions (Pty) Ltd reserves their right to cancel a seminar and/or to postpone it, especially in case of events that render the fulfilment of this service by Cyber Retaliator Solutions (Pty) Ltd unreasonable for technical or financial reasons. The affected participants shall be informed immediately. If Cyber Retaliator Solutions (Pty) Ltd cancels a training which has been paid for in advance, Cyber Retaliator Solutions (Pty) Ltd shall offer another deadline for your booking that should suit all participants or allow the refund of the amount you have paid
(4) Cancellation of seminars for which Cyber Retaliator Solutions (Pty) Ltd acts as an agent
If Cyber Retaliator Solutions (Pty) Ltd refers a participant to a cooperation partner, the General Terms and Conditions of Cyber Retaliator Solutions (Pty) Ltd shall not apply exclusively. In this case, the business terms of the partner shall apply in the case of cancellation by the customer as well as to the cancellation by the partner company.
- Payments and terms of payment
(1) The price of the seminar is due in full on the stated due date. The payment shall be made to the account of Cyber Retaliator Solutions (Pty) Ltd stated on the invoice, using the invoice number as a reference.
- Seminar content / Seminar instructors
(1) The seminar contents published on the internet site of Cyber Retaliator Solutions (Pty) Ltd are handled according to the level of knowledge of the participants.
(2) Our trainers may adapt the training contents to the needs of the group.
(3) Cyber Retaliator Solutions (Pty) Ltd reserve the right to change the instructors and/or to postpone and/or change a programme as long as these changes do not substantially alter the purpose of the seminar. It is not possible to request a specific seminar instructor.
(4) Cyber Retaliator Solutions (Pty) Ltd shall not grant any explicit nor any implicit guarantee that the training sessions will result in marketability or that they are suitable for a specific purpose targeted by the customer. There is also no guarantee of the results obtained by the customer through their participation in the training or the use of the training materials.
- Admission requirements
The Cyber Retaliator Solutions (Pty) Ltd seminars are open to all business customers who meet the requirements mentioned in the seminar description.
Each customer receives a certificate of attendance in their own name after the seminar.
- Seminar materials / Copyright
The materials, software provided to the participants for learning purposes during the seminar as well as other media offered for the purposes of the seminar, individually tailored training solutions and customised learning portals are protected by copyright. The reproduction, dissemination or other use of the provided materials – also partially – is only permitted with the prior written consent of Cyber Retaliator Solutions (Pty) Ltd.
- Compensation for losses / liability
The cancellation of a seminar due to trainer sickness, force majeure or other circumstances that are beyond the control of Cyber Retaliator Solutions (Pty) Ltd shall not result in entitlement to training performance. In such cases, Cyber Retaliator Solutions (Pty) Ltd shall not be liable for travel or accommodation costs, nor for costs due to absence from work. Generally, in case of a cancellation of a seminar, Cyber Retaliator Solutions (Pty) Ltd shall only be liable in the case of wilful intent and gross negligence.
- Severability clause
The invalidity of one of the aforementioned provisions in these General Terms of Business shall not affect the validity of the remaining provisions. If a provision is or becomes invalid, it shall be replaced with one that shall be as close as possible to the invalid provision from the point of view of the economic purpose attained.
- Jurisdiction/Applicable law
The jurisdiction for all current and future claims arising from and in relation to business contracts with registered traders is exclusively the competent court for the main office of the respective Cyber Retaliator Solutions (Pty) Ltd company. The entire contract is governed exclusively by the law of the state in which the respective Cyber Retaliator Solutions (Pty) Ltd company has its headquarters, to the exclusion of the UN Convention on Contract for the International Sale of Goods (CISG).
- Written form requirement
Amendments and addendums to these General Terms and Conditions must be made in writing in each case.
Prices and Quotations
- CRS reserves the right to change prices and price lists from time to time.
- Prices quoted are valid for a period of 24 hours from date and time of quote, and are subject to the conditions below:
- The terms and conditions as set out in this agreement shall apply, to the exclusion of all of the Customers’ terms, in respect of all transactions concluded between CRS and the Customer and shall apply to all quotations issued by and all orders processed by CRS and to the supply, sale and delivery of all goods or services by CRS, including delivery by ESD.
- Foreign Exchange: prices quoted are subject to foreign currency fluctuations. In the event that the Rand fluctuates against the applicable foreign currency from the date of the quotation and the date on which the Customer’s Purchase Order is accepted by CRS, CRS reserves the right to re-quote and CRS reserves the right to increase the price of such goods in accordance with the Exchange Rate increase.
- In the event of the shipping, airfreight or other transportation costs increasing between the date of the quotation and the date on which the Customer’s Purchase Order is accepted by CRS, CRS reserves the right to increase the price of such goods in accordance with the cost increase.
- In the event of a manufacturer’s price being increased between the date of the quotation and the date on which the Customer’s Purchase Order is accepted by CRS, CRS reserves the right to increase the price of such goods in accordance with the manufacturer’s price increase.
- A purchase order or order placed against a quotation is deemed to be and shall constitute acceptance of that quote. CRS may accept any orders received from the Customer or their duly appointed specified users on CRS’s online Portal in respect of goods constituting software and training.
- CRS reserves the right to invoice Customers for goods ordered on CRS’s online Portal and those which were procured upon written request either via a non-cancellable irrevocable order, official purchase order or an email instruction received.
- Orders for software and/ or Training placed on CRS’s online Portal by the Customers duly appointed specified users shall bind the Customer and be orders of the Customer.
- CRS reserves the right not to accept any order.
- Acceptance by CRS of any order and all delivery obligations are always subject to the availability of the goods.
- All goods shall remain the property of CRS until paid for in full and are sold only with the original equipment manufacturers warranty. CRS gives no additional warranty on goods save to the extent expressly provided in any South African law. The Customer shall be responsible for checking specifications of goods and that they are fit for purpose.
- Errors and Omissions are exempted and shall not bind CRS. CRS reserves the right, at any time, to correct any error or omission.
- Unless otherwise stated in the quote, prices exclude VAT.
Payment AND INVOICES
- The Customer shall pay the amount on the tax invoice. Payment is due immediately save for credit approved Customers, in which event payment is due within 30 calendar days of date of the statement.
- Where the Customer uses the postal (or any third party or delivery) service for any purpose, such service shall be deemed to be the agent of the Customer. Likewise, where the Customer uses Internet banking, the bank shall be deemed to be the agent of the Customer.
- The Customer hereby consents and agrees that CRS may issue tax invoices, credit notes and debit notes (collectively “Invoices”) to the Customer in electronic form (this includes Emails). CRS may issue separate invoices for each delivery. The Customer agrees to retain the invoices in encrypted and readable form for at least 5 years.
- The Customer shall not for any reason withhold payment or make set offs or deductions from any payment due by it. No extension of payment terms will be effective unless reduced to writing and signed by a director of CRS.
- CRS shall have the right to suspend deliveries and to exercise its rights in terms of clause 8 if any amount due by the Customer is unpaid.
- If any amount is not settled in full on due date CRS shall be entitled, without prejudice to any of its rights, to:
- immediately institute action against the Customer and/or
- cancel the sale and / or any outstanding orders or deliveries, and in all cases claim damages.
- Should any amount not be paid by the Customer on due date, the full outstanding amount in respect of all purchases by the Customer shall automatically become due and payable, and the Customer shall be liable to pay interest in respect of amounts unpaid at the compound rate of a 5% (five per cent) above the prime overdraft rate of First Rand Bank Limited on all overdue amounts from due date until date of payment, calculated and payable monthly in advance. A certificate from First Rand Bank Limited, signed by any manager of such bank, whose authority and capacity it shall not be necessary to prove, shall be prima facie proof of the interest rate charged.
- CRS will not give notice of a change of banking details other than by way of a letter, signed in manuscript (not electronically) by a director of CRS. The Customer is warned and agrees not to act on any other purported notice of a change of banking details and does so at its risk.
- CRS shall have an unfettered discretion to grant, increase, decrease or withdraw credit facilities to the Customer and to determine the nature and extent thereof from time to time without prior consultation with the customer.
- The Customer hereby confirms that the goods and services on the tax invoice issued duly represent the goods and services ordered by the Customer (or its duly appointed specified users in the case of software) at the prices agreed to by the Customer and where performance/delivery has already taken place that the services and goods were inspected and that the Customer is satisfied that these conform in all respects to the quantity ordered and were received in good order and condition.
- CRS is entitled to accept written or oral orders. All such orders and any variations to orders will be binding, subject to these standard terms and conditions and may not be varied or cancelled without prior written consent from CRS. CRS will not be responsible for any errors or misunderstandings occasioned by the Customer’s failure to make the order in writing.
- Orders shall constitute irrevocable offers to purchase the goods in question at the usual prices of CRS as at the date when the Customer places the order of the goods, subject to clause 2 above, and shall be capable of acceptance by CRS by the written acceptance of the purchase order or delivery of the goods.
- The Customer shall provide CRS with an order number when placing an order.
- Any order marked for “Collections” and not collected within 3 days of placing the order may at CRS’s election be cancelled and the goods put back into stock for re-sale.
- CRS shall not be obliged to accept any order and may cancel an order or resultant sale, at any time, without claim from the Customer, if the goods cannot be obtained at standard prices from the vendor for any reason.
- The Customer shall be solely responsible for ensuring that all goods ordered from and / or reflected in any quote issued by CRS is correct, meets the end users’ requirements and will be fit for purpose. CRS shall not be liable for errors by the Customer or their duly appointed specified users in selecting or ordering any goods.
- Terms added by CRS to any quote shall be additional to those contained herein and the terms herein shall, unless otherwise expressly stated in the quote, prevail to the extent of any conflict.
- CRS will not be held responsible for any misuse or fraud by the Customer or its duly appointed specified users of the CRS Portal or any software purchased and delivered.
- CRS may require the customer to register users on the CRS Portal as a condition of use. The Customer shall be liable for and bound by all orders placed using its log on credentials or account. The Customer shall be responsible for managing its users and for removing users that are no longer authorised by the Customer to place orders on the Customers behalf.
- Any delivery note (copy or original) signed by the Customer and/or its authorised representative and/or its nominated agent and held by CRS, shall be prima facie proof that delivery was made to the Customer.
- CRS shall be entitled where necessary or with the prior consent of the Customer, which consent shall not be unreasonably withheld, to split the delivery of the goods ordered in the quantities and on the dates it decides.
- In the event of the Customer choosing to engage its own third party to transport the goods, the Customer indemnifies CRS against any claims of any nature whatsoever that may arise from such an agreement with the third party or from any act or omission of the third party. Receipt of the goods by the third party shall constitute delivery to the Customer and the third party shall be the agent of the Customer.
- CRS is entitled to engage a third party(ies) on its behalf to attend to the logistics, storage and transport all goods purchased by the Customer to the delivery address stipulated by the Customer.
- Should the Customer wish to receive delivery of the goods by a more expensive method of transportation than that normally used by CRS, the Customer shall make such request in writing and, in the event that CRS agrees to arrange such special delivery the additional charges shall be debited to the Customer’s account and shall be payable by the Customer.
- CRS does not guarantee that the goods will be dispatched or delivered on any particular date and time, and the Customer shall have no claim against CRS in respect of any loss occasioned by any delay in dispatch or delivery of any goods ordered and/or services rendered, nor may the Customer cancel any order by reason of such delay.
- Short deliveries must not be accepted, the short delivery must be recorded by the Customer on the delivery note and all the goods must be given to the driver of the delivery vehicle for return to CRS.
- Goods received in a damaged condition must either be rejected or accepted and a note of the item and type of damage made on the front of the delivery note. Where the goods are rejected, the goods must be returned as per 6.7, above.
- All goods taken on an evaluation, approval, demonstration basis or all goods taken on consignment by the Customer are deemed sold to the Customer at CRS’s usual price if not returned to CRS in perfect condition in the original packaging and with all accessories and manuals intact within 5 (five) working days of delivery thereof to the Customer.
- CRS reserves the right to stipulate minimum quantities and values of goods that can be ordered and to charge delivery charges, as and when necessary.
- Goods constituting software may be delivered by way of ESD to the Customer. ESD may be by way of email, use of the CRS Portal, other electronic download or provision of a software activation code, any of which shall constitute valid delivery of the goods. CRS may monitor the ESD process. Acceptance of the vendors licence shall be a condition of any download or use or software.
OWNERSHIP AND RISK
- All risk in and to goods sold by CRS to the Customer shall pass to the Customer on delivery thereof.
- Ownership in all goods shall remain vested in CRS until the full purchase price has been paid.
- Goods in the possession of the Customer bearing CRS’s name, trademark, labels and/or serial no. are deemed to be those for which payment has not yet been made, and should any breach of these terms occur, may be re-possessed by CRS and the Customer consents in such circumstances to the grant of a Court order entitling CRS to take possession of such goods. The Customer shall fully insure the goods purchased from CRS against loss or damage until the Customer has paid the full purchase price for such goods. Pending payment to CRS for goods purchased, all benefits in terms of the insurance policy relating to the insurance of such goods shall be and is hereby ceded to CRS.
- The Customer shall inform the landlord of the premises at which the goods are kept that such goods are the sole and absolute property of CRS until such time as the Customer has paid the full purchase price to CRS.
BREACH OF CONTRACT AND LIMITATION
- In the event of a breach of these terms and conditions by the Customer, or if the Customer is sequestrated or placed into liquidation or judicial management or commits any act of insolvency or enters into any compromise with its creditors or fails to satisfy a judgment granted against it within 7 (seven) days of the date of judgment or changes the structure of its ownership, CRS shall, without prejudice to any further rights herein or at common law, be entitled to:
- Claim specific performance or cancel this agreement and claim immediate payment of all outstanding amounts and interest as well as any damages suffered; and
- Take possession of all goods that have not been paid for in full and the Customer consents in such circumstances to the grant of a Court order entitling CRS to take possession of such goods;
- All obligations of CRS shall be suspended without claim from the Customer where the Customer is in breach of any obligation to CRS.
- No claim, from Customer, under these terms and conditions will arise unless the Customer has, within 30 (thirty) days of the later of the date on which the alleged breach or defect occurred, or the date on which the Customer should reasonably have been aware of the alleged breach or defect, given CRS 30 (thirty) days written notice to rectify any defect or breach of contract.
- Neither party shall be liable to the other for any indirect, consequential or special damages howsoever caused or arising.
- The Customer agrees that neither CRS nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer, nor shall the Customer be entitled to resile from these terms and conditions on those grounds.
- These terms and conditions shall be governed and construed under and in accordance with the laws of the Republic of South Africa.
- CRS shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrate’s Court be entitled to institute action out of such court.
- A certificate issued and signed by any director or manager of CRS, whose authority need not be proved, in respect of any indebtedness of the Customer to CRS or in respect of any other fact, including but without limiting the generality of the aforegoing, the fact that such goods were sold and delivered, shall be prima facie proof of the Customer’s indebtedness to CRS and prima facie proof of delivery of the goods in terms of this contract.
- Any print out of computer evidence tendered by CRS shall be admissible evidence and the Customer shall not be entitled to object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
- The Customer’s chosen domicilium address and email address in the reseller application form shall be recognised as the Customer’s domicilium for all purposes in terms of this contract whether in respect of the serving of any court process, notices that payment of any amount is due or communications of whatever nature. Any service that comes to the attention of a director of a party shall be effective from such date regardless of the address or method of delivery.
- In the event of the Customer breaching any of its obligations and/or failing to timeously make payment of any amount to CRS, the Customer agrees to pay, and shall be liable to pay, all legal costs incurred by CRS in enforcing its rights in terms of these terms and conditions on the attorney/own client scale including collection charges, tracing agent’s fees, air fares and export fees.
- Any document will be deemed duly received by the Customer within:
- 24 (twenty-four) hours of being emailed to the Customer’s chosen domicilium email address; or
- on being delivered by hand to the Customer or any director or member of the Customer.
- CRS may elect at its sole discretion, to refer any dispute arising from or in connection with this contract to arbitration which arbitration award shall be final and binding on the Customer and CRS.
- The arbitrator will be a person agreed upon by the parties or failing agreement, appointed by the Arbitration Foundation of Southern Africa (AFSA), who shall then finally resolve the dispute or issue in accordance with the Commercial Rules of the Arbitration Foundation of SA. CRS may elect not to have the arbitration administered by AFSA.
- The arbitration shall be held at Sandton.
- The arbitrator shall give a reasoned written judgement and may award (and tax) costs on the High Court tariff.
- There shall be a right of appeal where the quantum exceeds two million rand.
- The provisions of this clause shall not preclude either party from access to an appropriate court of law for:
- interim relief in the form of an interdict, mandamus, or order for specific performance, pending the outcome of an arbitration in terms hereof; or
- any other form of relief on the basis of facts which are not disputed, provided that if a dispute arises in the course of the proceedings and CRS elects to refer the dispute to arbitration, they shall be stayed pending an arbitration on the dispute in terms hereof.
- Acceptance of a negotiable instrument from the Customer shall not be deemed to be a waiver of CRS’ rights under this contract. In relation to cheques furnished by the Customer to CRS, the Customer waives its right to insist on notice of dishonour or protest being given to it on the event that the cheque is dishonoured.
- Whilst CRS is under no obligation to accept the return of goods, the Customer may apply to CRS for permission to return goods and if written permission is given:
- the Customer may return any defective goods to the premises of CRS or its nominee at the Customer’s own cost;
- any item delivered to CRS will form the object of a pledge in favour of CRS for present and past debts of the Customer to CRS and CRS will be entitled to retain such pledge at a value determined as follows:
- the difference between the selling price and the value of the goods at the time that the debt became due;
- the value of any repossessed goods or retained pledge goods will be deemed to be the value placed on them by any sworn valuator after such repossession and such valuator will be prima facie proof of the value.
- the difference between the selling price and the value of the goods at the time that the debt became due;
- CRS reserves the right to charge a handling fee on goods returned.
- The credit control department must be notified of the relevant invoice, packing slip and batch numbers before any claim will be considered.
- CRS will follow the policies on any returned and/or faulty goods or goods which the vendor regards as “dead on arrival”, as prescribed by the vendor responsible for the brand of goods. Details of prescribed vendor policies are obtainable from CRS.
WARRANTIES AND INDEMNITY
- Goods are sold only with the manufacturer’s product specific warranties. All other guarantees and warranties, including common law guarantees and warranties in relation to goods and services, are hereby specifically excluded to the maximum extent permissible in law by CRS.
- All warranties are immediately null and void should any equipment be tampered with or should the “seals” on the equipment be broken by anyone other than CRS or its appointed nominee, or should the goods be operated outside the manufacturer’s specifications or warranty terms.
- To be valid, warranty claims must be supported by the original tax invoice and the goods must be in their original packaging and must be accompanied by all accessories and manuals. All items must be returned in “as new” condition.
- No warranties whether express or implied shall apply, other than those provided expressly in these Standard Terms and Conditions. CRS specifically disclaims the implied warranty of merchantability and fitness for a particular purpose. No representation or warranty, including but not limited to statements of capacity, suitability for use or performance made by employees of CRS shall be considered to be a warranty by CRS. Any such statements made shall not give rise to any liability or whatsoever nature on the part of CRS, its employees, subcontractors or subsidiaries. CRS will not be liable to the Customer for any loss, damage or expense of any nature, whether direct, special, indirect or consequential, including but not limited to loss of profits arising out of CRS’s performance or the use of the goods or services rendered.
- The Customer indemnifies and holds CRS (including its employees, subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be brought or threatened against CRS by any third party arising from or in connection with any act or omission of the Customer or its employees or any breach of any term of this Agreement by the Customer or arising out of any claim by the Customers duly appointed specified users.
- The Customer shall not duplicate copyrighted material. In the event of the Customer duplicating copyrighted material, each attempt to do so will immediately render the full prevailing price in respect thereof payable to CRS.
- CRS’s liability in terms of a manufacturer’s warranty is restricted to, in CRS or the manufacturer’s discretion, the cost of repair or replacement of faulty goods or services or the granting of credit. CRS assumes and shall have no liability at all for the preservation or loss of any data on any goods returned to CRS.
- In the case of repairs undertaken by CRS repair quotes given are merely estimates and are not binding on CRS.
- The Customer hereby agrees that any item returned for a repair may be sold by CRS to defray the cost of such repair if the item remains uncollected for a period of 30 (thirty) days after the repairs have been completed and the customer having been notified thereof.
- CRS reserves the right in its sole discretion to vary or amend any or all of these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the Customer from the time that the Customer is notified thereof. CRS may give notice of such changes on its website, in email signatures, on quotations or any other manner reasonably likely to come to the Customers attention. The standard terms and conditions are available on our website at https://cyberretaliatorsolutions.com/
- This contract represents the entire agreement between CRS and the Customer on the matters dealt with herein and shall govern all future contractual relationships between CRS and the Customer.
- No amendment and/or alteration and/or variation and/or deletion and/or addition and/or cancellation of these terms and conditions, including this clause, whether consensual or unilateral or bilateral shall be of any force and effect unless reduced to writing and signed by a director of CRS. No agreement, whether consensual or unilateral or bilateral, purporting or obligate CRS to sign a written agreement to amend, alter, vary, delete, add or cancel these terms and conditions shall be of any force and effect unless reduced to writing and signed by a director of CRS.
- No relaxation or indulgence with CRS may grant the Customer shall prejudice or be deemed to be a waiver of any CRS’ rights in terms of these terms and conditions.
- The Customer shall not cede its rights nor assign its rights or obligations under these terms and conditions.
- The Customer undertakes to notify CRS within 7 (seven) days of any change of address or change of director, shareholder, address or the information as set out in this contract.
- The headings in this document are included for convenience and are not to be taken into account for the purpose of interpreting this contract.
- Each of the terms herein shall be a separate and divisible terms and if any such term becomes unenforceable for any reason whatsoever, then that term shall be severable and shall not affect the validity of the other terms.
- The Customer undertakes to inform CRS in writing at least 14 (fourteen) days prior to the intended selling or alienating of the whole of or any part of the Customer’s business and failure to do so will constitute a material breach of this contract entitling CRS to cancel the contract without further notice to the Customer.
- Sales of certain goods are subject to the US Government enhanced proliferation control initiative (EPCI) which states that these goods may not be sold to or be used for the purpose of nuclear weapons/explosive devices, for chemical or biological weapons including key components for the production of such weapons, or for the purpose of missiles or missile systems which deliver weapons for mass destruction. The Customer undertakes to exercise due care to ensure that no such restrictions are breached by it.
- Goods are manufactured for standard commercial use, and are not intended for use in critical safety systems or nuclear facilities.
- CRS shall at any time, in its sole discretion, be entitled to cede, assign or subcontract all or any of its rights or obligations in terms of these terms and conditions, including the right to collect any payment, to any third party without prior notice to the Customer.
DISCLOSURE OF PERSONAL INFORMATION
- The Customer understands that the personal information given in this credit application form is to be used by CRS for the purposes of assessing credit worthiness. The Customer confirms that the information given in this credit application form is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which CRS will not be liable for inaccuracies. CRS may store (or back up) personal information on computer servers situated outside of South Africa provided that the host country has data privacy laws in place.
- CRS has the Customer’s consent at all times to contact and request information from any persons, credit bureau or businesses including those mentioned in the credit application form and to obtain any information relevant to the Customer’s credit assessment, including but not limited to information regarding the amounts purchased from suppliers per month, length of time Customer has dealt with each supplier, type of goods purchased and manner and time of payment. CRS may store data and personal information outside of South Africa provided that the country has reasonable data protection laws.
- The Customer agrees and understands that information given in confidence to CRS by a third party on the Customer will not be disclosed to the Customer.
- The Customer hereby consents to and authorises CRS at all times to furnish credit information concerning the Customer’s dealing with CRS and information provided by the customer, to a credit bureau or credit insurer and to any third party seeking a trade reference regarding the Customer in his dealings with CRS.
- In order to reschedule or cancel any registration for training with full refund, Cyber Retaliator Solutions (Pty) Ltd requires notice 14 business days prior to the session start date. If reschedule/cancellation notification is not received 14 business days prior, or learner does not show up for class, the result will be full forfeiture of the session payment. Cancellations or registrations made outside of the 14 business days prior to start date are accommodated.
- This policy is in effect unless exception is noted below.
- Cyber Retaliator Solutions (Pty) Ltd reserves the right to cancel any course 14 days prior to the scheduled start date. If such a cancellation is necessary, you will be notified at least 5 business days prior to the course start date either by email or phone.
- Full payment is required at least 15 days prior to the start date of the registered session. This payment includes credit cards, wire transfers and valid Training Vouchers. Purchase Orders, invoices or other non-monetary forms of payment are not considered full payment. Applicable taxes will be applied to your registration payment.
Competition running from 27.10.2020 to 31.12.2020 terms and conditions
- The promoter is: Cyber Retaliator Solutions (Pty) Ltd (Reg no. 2019/534459/07) whose registered office is at 6D Longdale Street, Midstream Estate, Centurion, South Africa, 1692
- The competition is open to residents of the The Republic of South Africa aged 18 years or over except employees of Cyber Retaliator Solutions (Pty) Ltd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
- Closing date for entry will be 31.12.2020. After this date the no further entries to the competition will be permitted. Cyber Retaliator Solutions (Pty) Ltd reserves the right to extend this competition date.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are as follows:
- Like and follow the Cyber Retaliator Solutions LinkedIn and Facebook pages; and
- Share at least one of our latest LinkedIn updates with the below wording (https://www.linkedin.com/company/30581347/) and share our Facebook (https://www.facebook.com/CyberRetaliatorSolutions) page with the below wording:
“WIN WIN WIN!!!!
Stand a chance to win IBM Training.
I have followed CRS and shared a CRS post with this wording and stand a chance to win free IBM Training. You could too
T’s and C’s available at https://cyberretaliatorsolutions.com/terms-and-conditions/”
“WIN WIN WIN!!!!
Stand a chance to win free IBM Training.
I have followed CRS and shared their Facebook page and stand a chance to win free IBM Training. You could too https://www.facebook.com/CyberRetaliatorSolutions
T’s and C’s available at https://cyberretaliatorsolutions.com/terms-and-conditions/”
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be posted via social media as soon as possible by the promoter.
11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
12. The prize is as follows:
The prize is one of the IBM WBT Courses listed below and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
13. Winners will be chosen as a result of most activity conducted via social media sites as measured and recorded and verified by Promoter and or its agents. There will only be one winner.
14. The winner will be notified via LinkedIn and/ or Facebook within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
15. The promoter will notify the winner when and where the prize can be collected / is delivered.
16. The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
18. The competition and these terms and conditions will be governed by South African law and any disputes will be subject to the exclusive jurisdiction of the courts of South Africa.
19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
20. The winner’s name will be available for 28 days after closing date by emailing the following address: firstname.lastname@example.org
21. Entry into the competition will be deemed as acceptance of these terms and conditions.
- Cyber Retaliator Solutions will judge the competition and decide on the winner, which will be picked at random from all complete entries.
- Cyber Retaliator Solutions‘ decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
- The entrant must be following Cyber Retaliator Solutions on LinkedIn and Facebook in order to enter.
- Cyber Retaliator Solutions shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
- Cyber Retaliator Solutions also reserves the right to cancel the competition if circumstances arise outside of its control.