1.1. In these Terms, unless the context otherwise requires; ‘CUSTOMER NUMBER’ means the number provided by THE SOUTH AFRICAN MUSLIIM 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; ‘THE SOUTH AFRICAN MUSLIIM DIRECTORY CC’ means THE SOUTH AFRICAN MUSLIIM DIRECTORY CC of 66 Nicolai Crescent, Glenmore, Durban, 4001; ‘SERVICES’ means the Services as described in clause 2.5; ‘SERVICE DATE’ means the 1st day after publication; ‘SERVICE USER’means the Service User as registered in THE SOUTH AFRICAN MUSLIIM DIRECTORY CC’s database; ‘SERVICE PERIOD’ means the period for which the Service will be provided.; 'REGISTRATION DATE' means the date the Service User registers the Customer Number in THE SOUTH AFRICAN MUSLIIM DIRECTORY CC’s database; 'WEBSITE' means the http://www.samd.co.za website. THE SOUTH AFRICAN MUSLIIM DIRECTORY means the publication MUSLIM DIRECTORY AND GUIDE. 'DEADLINE DATE' means the 31 November of each year preceeding the New Year.'Advert or Sponsorship' means the images supplied by the customer or their graphic designers.
2. THE SERVICES
2.1. THE SOUTH AFRICAN MUSLIIM 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. THE SOUTH AFRICAN MUSLIIM 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. THE SOUTH AFRICAN MUSLIIM 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.samd.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, THE SOUTH AFRICAN MUSLIIM DIRECTORY CC will use all reasonable endeavours to respond within 48hrs.
2.7. THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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. THE SOUTH AFRICAN MUSLIIM DIRECTORY CC agrees to design the Customers advert if required at a fee of 10% of the price of the advert. THE SOUTH AFRICAN MUSLIIM DIRECTORY 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.
2.8.1 All adverts designed or supplied will be in accordance with the rules and specifications as set out by the THE SOUTH AFRICAN MUSLIIM DIRECTORY CC.
2.9. Ownership of the Advert or Sponsorship shall remain with the THE SOUTH AFRICAN MUSLIIM DIRECTORY CC if designed by THE SOUTH AFRICAN MUSLIIM DIRECTORY CC
2.10. The parties acknowledge that the Advert or Sponsorship only relate to advertising in the THE SOUTH AFRICAN MUSLIIM DIRECTORY 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 THE SOUTH AFRICAN MUSLIIM DIRECTORY CC’s’ database shall be covered by the Contract.
2.13. The Customer acknowledges that any Advert or Sponsorship designed by THE SOUTH AFRICAN MUSLIIM DIRECTORY is supplied for the Customer’s exclusive use in the THE SOUTH AFRICAN MUSLIIM DIRECTORY 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 THE SOUTH AFRICAN MUSLIIM DIRECTORY CC.
2.16 The Customer will get permission from THE SOUTH AFRICAN MUSLIIM DIRECTORY if the Advert or Sponsorship is to be used by third parties
2.17. The Customer will Support THE SOUTH AFRICAN MUSLIIM DIRECTORY CC’ decisions regarding the Services.
2.18.1.The Customer shall to THE SOUTH AFRICAN MUSLIIM DIRECTORY CC pay the Charges applicable to such unauthorised use.
2.18.2. THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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, THE SOUTH AFRICAN MUSLIIM DIRECTORY CC shall Invoice the customer for the Services 10 month prior to the Services commencing.
2.22. THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM DIRECTORY CC' liability for fraud or for death or personal injury resulting from its negligence.
2.24. The Customer acknowledges that THE SOUTH AFRICAN MUSLIIM DIRECTORY CC will be relying upon information supplied by the Customer to THE SOUTH AFRICAN MUSLIIM DIRECTORY CC in relation to the provision of Services and that such information may be incomplete or inaccurate. THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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, THE SOUTH AFRICAN MUSLIIM 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, THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM DIRECTORY CC shall exclude its liability as set out in the Terms.
2.29. THE SOUTH AFRICAN MUSLIIM 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, THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM 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 THE SOUTH AFRICAN MUSLIIM DIRECTORY CC documentation or on the THE SOUTH AFRICAN MUSLIIM 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 South African law and the parties agree to submit to the exclusive jurisdiction of the South African courts.