Who we are

At RC IT Services, we are a dedicated team of technology professionals committed to delivering exceptional IT solutions tailored to meet the unique needs of our clients. With years of industry expertise, we specialize in providing comprehensive IT services encompassing network management, cybersecurity, cloud solutions, and beyond. Our mission is to empower businesses with reliable, efficient, and innovative technology solutions, enabling them to thrive in an ever-evolving digital landscape. At RC IT Services, we prioritize client satisfaction, integrity, and continuous improvement, ensuring that we remain a trusted partner in our clients’ success stories.

Our website address is: https://www.rcitservices.co.za.

Tracking

We currently do not store any client data on our site, all application data is stored in an encrypted database with our accounting software

Media

Media used is provided by our suppliers or from opensource platforms to ensure limited or no conflict of interest

Cookies

If you visit our page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with and Where your data is sent

We only share the necessary data with backbone providers or courier companies to have you service installed and packages delivered

How long we retain your data

Your data is retained for as long as you are a customer with us, if you do a once off purchase your data will be kept until the next finical year unless requested to delete it sooner

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

 If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes

1. INTERPRETATION AND PRELIMINARY:

Unless a contrary intention clearly appears from the context, the following terms shall have the meanings ascribed hereunder –
1.1. “Activations” means the enabling of a Service at the Supplier’s premises to operate on one or more networks;

1.2 “Addendum” means a supplementary agreement signed by both the Supplier and the Customer that expands or modifies this Agreement and which endures for the duration of the current Agreement;

1.3 “Agreement” means the general terms and conditions contained here in, the Product specific terms and conditions, the Proposal, the Subscriber Agreement and all addenda, if applicable, concluded by the Customer and executed in terms here of, including, in the case of Hosted Exchange Services, a written instruction to the Supplier to commence or cancel additional Services;

1.4 “Charges” or “Rates”, which terms may be used interchangeably, means the installation charges, monthly services charges, usage charges and any other charges pertaining to the provision of Services by the Supplier to the Customer;

1.5 “Commissioned Date” means the date on which the Services are operational;

1.6 “CPA” means the Consumer Protection Act, No. 68 of 2008, as amended from time to time;

1.7 “CPA Regulations” means regulations promulgated pursuant to the CPA from time to time;

1.8 “Customer“ means any person, whether natural or juristic, who has entered into an agreement with the Supplier for the provision of Services and/or the use of the Equipment, or who has applied to the Supplier for the provision of Services and/or the use of the, Equipment, and is used interchangeably with the term “Subscriber”;

1.9 “Equipment” means all devices including software provided by the Supplier to the Customer in order to enable the Supplier to provide the Services;

1.10 “General Terms and Conditions” means this document excluding all proposals executed in terms here of;

1.11 “Initial Period” means the duration of the first Agreement signed by the Customer in respect of the Services as reflected in the Subscriber Agreement which period shall commence on the Commissioned Date;

1.12 “Initial Services” means the first Services that are provided by the Supplier to the Customer in terms of the first Agreement signed by the Customer in respect of the Services;

1.13 “Installation” means the installation of Equipment at the Customer’s premises or at such other location as may be specified by the Customer and agreed to by the Supplier;

1.14 “Managed Services” means the on-going management and provision of Services by the Supplier in return for a monthly payment by the Customer;

1.15 “Month” shall mean a calendar month commencing at 0h00 on the relevant day of the relevant calendar month;

1.16 “Monthly Service Charge” means the monthly fees levied by the Supplier in consideration for the Customer’s access to and use of the Network Services or other Services provided by the Supplier;

1.17 “Network Provider” means any authorized supplier of telecommunications facilities;

1.18 “Network Services” means any services provided by any of the Network Providers including but not limited to fixed line operators, cellular operators, wireless operators or any other operator that provides access and  network services (including value added services) made accessible to the Customer by the Supplier in terms of this Agreement;

1.19 “Party” means either the Supplier or the Customer, as the context may require, and the term “Pares” means both the Supplier and the Customer collectively.

1.20“Product” means any combination of Equipment and Services provided by the Supplier to the Customer;

1.21. “Product Specific Terms and Conditions” means the specific terms and conditions applicable to the specific Product or Services as reflected in the Proposal;

1.22 “Proposal” means the order form or proposal document submitted by the Supplier to the Customer and signed by the Customer in respect of the provision of the Services and which incorporates the Subscriber Agreement, the Product Specific Terms and Conditions and the provisions of this Agreement;

1.23.1 if the Customer is a juristic person, a period of 24 (Twenty-Four) successive months commencing on the day immediately following the expiration of the Initial Period or each successive Renewal Period;

1.23.2 if the Customer is a natural person, the period specified in clause 3.3.3;

1.24 “Republic” means the Republic of South Africa;

1.25 “Services” means the services, managed or otherwise, and/or Products provided by the Supplier to the Customer as set out in the Proposal;

1.26 “Service Provider” means any Electronic Communications Networks Licensee or Electronics Communications Licensee licensed under the Electronic Communications Act, 2005, or any service provider of an Electronic Communications Networks Licensee or Electronics Communications Licensee;

1.27 “Software” means any computer program that is either embedded or provided as a stand-alone application, or accessed via the internet or other web browsing method;
1.28 “Subscriber Agreement” means the summary of the Agreement signed by the Customer for the provision of Services by the Supplier to the Customer;
1.29 “Supplier” means Tech5 Group (Proprietary) Limited;
1.30 “Traffic Type” means any specific type of calls carried by the Supplier over the networks;
1.31 “Usage Charges” means the charges charged by the Supplier to the Customer for recorded usage of the Network Services;
1.32. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday,
in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
1.33. the terms of the Agreement shall prevail in the event of a conflict between the Proposal and this Agreement; and
1.34. in circumstances of the CPA being applicable to the Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of the Agreement and the provisions of the
CPA

2. APPOINTMENT AND AUTHORITY

2.1. The Customer appoints the Supplier to supply the Services to the Customer for the Initial Period in accordance with the terms and conditions set out in the Agreement, although the Pares will be bound by the terms and conditions of this Agreement with effect from the date of signature hereof.
2.2. The Customer hereby authorizes the Supplier to:
2.2.1. communicate with other service providers to enable the Supplier to obtain all information which may be necessary in order for the Supplier to render the Services. Should the Supplier so require, the Customer shall sign a separate leer authorizing the Supplier to approach the Service Providers to request such information as aforesaid which can be furnished as proof that the Supplier has been mandated by the Customer to approach the Service Providers for the purposes set out in clause 2.2; and/or
2.2.2. to enter into agreements and arrangements with third pares as may be necessary for the Supplier to render the Services.

3. Term:

3.1. The Supplier undertakes to supply the Services to the Customer subject to the succeeding terms of this Agreement, for the duration of the Initial Period; provided that in the event that the Initial Services do not become commissioned as a result of the actions or omissions of Customer, the Supplier shall have the right to recover from the Customer, the minimum Monthly Service Charge stipulated in the proposal (or pro rata portion there of) payable by the Customer for the period of the delay together with any reasonable wasted costs incurred by the Supplier, and the Customer hereby indemnifies the Supplier accordingly.
3.2. If the Customer is a juristic person, at the expiry of the Initial Period, unless otherwise notified in wring to the Supplier, the Services and the Agreement shall continue automatically on the terms contained in this Agreement for an unlimited number of Renewal Periods, unless terminated by the Customer, on expiration of the Initial Period or a Renewal Period, as the case may be, by giving the Supplier a written notice of termination of not less than 1 (one) Calendar Month before 30th or 31st , and not more than 90 days before the expiration of the Initial Period or Renewal Period, as the case may be.

3.2.1. Any written cancellation notice should be emailed to support@rcitservices.co.za
3.3. If the Customer is a natural person:
3.3.1. the customer may terminate the Agreement:
3.3.1.1. on the expiry of the Initial Period, on written notice to the Supplier;
3.3.1.2. during the Initial Period, on 1 (one) Calendar Month’s written notice to the Supplier, subject however to the provisions of clause 3.6;
3.3.2. the Supplier may, during the Initial Period, terminate the Agreement 1 (one) Calendar Month’s after giving the Customer written notice to remedy a breach of this Agreement and the Customer failing to remedy such breach within such period;
3.3.3. and the Agreement is not terminated by either Party in accordance with the foregoing during the Initial Period, unless the Customer agrees to a renewal of the Agreement for a further fixed term, Initial the Agreement will continue, after the Initial Period, on a month to month basis (terminable by either the Supplier or the Customer on 1 (One) calendar month’s written notice to the other), subject to any material changes of which the Supplier has given written notice pursuant to clause 3.3.4;

3.3.4. not more than 80 (Eighty), nor less than 40 (Forty) business days before the expiry of the Initial Period, the Supplier shall notify the Customer in wring of the impending expiry of the Agreement,
which notice will include any material changes that would apply if the Agreement were to be renewed and the Customer’s right to terminate or continue with the Agreement on the expiry of the Initial Period.
3.4. Not with standing the foregoing, during any automatic renewal period the discounts applicable to the Services provided for in the Agreement shall not be available to the Customer until the Customer concludes a new written Agreement with the Supplier in respect of the Services provided by the Supplier for the term of the Renewal Period. initial
3.5. Unless the CPA applies to this Agreement, the Supplier shall furthermore be entitled to terminate this Agreement at any me by giving 3 (Three) months’ written notice to this effect to the Customer. Should the provision of any of the Products or Services by the supplier on the basis provided for in this Agreement be finally declared illegal by an Act of Parliament, any regulatory body or court of law, the Supplier shall be entitled to cancel this Agreement without fault on written notice to the Customer.
3.6. Should the Customer terminate this Agreement prior to the expiry of the Initial Period or any Renewal Period for any reason other than expressly provided for in this Agreement, the Customer shall remain liable for all amounts owing to the Supplier up until the date of termination and the Supplier shall be entitled (unless the Customer is entitled to terminate the Agreement without penalty in accordance with the provisions of the CPA, if applicable) to levy a cancellation/early settlement fee provided for in the Proposal, provided that where the Customer is a natural person, such cancellation fee shall be limited to a reasonable fee determined in accordance with the guidelines set out in the CPA and, if applicable, the CPA Regulations.
3.7. Unless otherwise expressly stated in the Agreement, upon expiry of the Initial Period or any Renewal Period, the Supplier, in its sole discretion, but subject to clause 3.3.4, may remove or change any discounts that were applicable during the Initial Period or Renewal Period, as the case may be.
3.8. Any new or additional Services or expansion of the Initial Services to be provided by the Supplier to the Customer from me to me shall be subject to the terms contained in the Proposal or required to be agreed upon by the Pares in wring in a new agreement (or in an Addendum to the existing Proposal) and such new Services shall commence on the date on which such new Services are Commissioned.
3.9. The Supplier may in its sole and absolute discretion alter the routing of any traffic at any me in pursuit of the provision of Services, such routing changes having no effect on the validity of the Agreement. 3.10. The Services provided by the Supplier are subject to government or relevant authority regulated limitations and transmission limitations, and may be temporarily and/or
permanently interrupted or curtailed as necessary or appropriate, and without fault, for the proper operation of the Services.
3.11. If the conclusion of the Agreement is the result of direct marketing and the provisions of the CPA are applicable hereto, the Customer has the right to cancel the Agreement without reason or penalty by written notice to the Supplier within 5 (Five) business days after the later of the date on which the Agreement was concluded or the Services or Equipment were delivered to the Customer. Should the Customer have opened the original packaging of the Products prior to returning same to the Supplier on cancellation of this Agreement, the Supplier shall be entitled to deduct from any reimbursement or refund which may be payable to the Customer on cancellation, a reasonable amount for the use and/or depletion of the Products.

4. SERVICES AND EQUIPMENT: DELIVERY AND INSTALLATION

4.1. The Supplier shall deliver the Equipment and the Services to the Customer at the address nominated by the Customer in the Subscriber Agreement. The Customer shall be obliged to pay the reasonable costs incurred by the Supplier in delivering the Equipment. If the Supplier cannot deliver the Equipment to such address through no fault of the Supplier, the Customer shall be obliged to pay all reasonable costs incurred by the Supplier in making the attempted delivery. Subject always to the provisions of clause 11, the Supplier shall use its reasonable endeavours to meet the stipulated dates and times for delivery of the Equipment and the Services. The Supplier shall not be liable in any manner whatsoever he Customer for any loss arising from any failure or delay in performance or providing Services and/or Equipment resulting from any of the force majeure events referred to in clause 11 nor for any other reason unless such failure or delay is directly attributable to the gross negligence or fraudulent intent of the Supplier.
4.2. Unless the Customer proves otherwise and without liming the rights of the Customer pursuant to the CPA, if applicable, signature by the Customer on any acceptance certificate provided by the Supplier and/or its Service Providers upon the installation of the Equipment or at the instance of a Commissioned Service, shall be deemed to be an acknowledgement by the Customer that it has fully inspected and approved the Equipment and all of its components and that the Equipment and components have been received to the full satisfaction of the Customer. Subject to the Customer’s rights to have defective Products returned, repaired or monies paid in respect thereof refunded pursuant to the CPA, insofar as the CPA is applicable to the Agreement, the Customer shall have no claim against the Supplier of whatsoever nature should, after such acceptance by the Customer, it transpire that the Equipment and/or any component thereof is unacceptable to the Customer for any reason.
4.3. The Customer shall, at its own cost and expense, be responsible for:
4.3.1. ensuring that the communication services and facilities, including without limitation, telephone facilities and lines, installation area/s, electrical outlet/s, connection requirements and access way/s are suitable for the installation, passage and electrical connection of the Equipment and Services when they are delivered for installation and there after; and

4.3.2. obtaining all necessary approvals and authorities imposed by any competent authority and required for the purpose of the supply, delivery and/or installation of the Equipment and the Services, including landowners’ consent, where the Customer is not the landowner. The Customer hereby indemnifies the Supplier against any claim or liability suffered by the Supplier by reason of such approval and authorities not having been obtained.
4.4. The installation of last mile access solutions may be subject to feasibility to be confirmed by a physical site survey, such survey only to be conducted after signature of the Agreement.
4.4.1. Additional installation charges may apply, subject to the results of the physical site survey. In such an instance the Customer will be notified before the Service is installed.
4.4.2. Should a last mile access medium not be feasible to supply, the Supplier will endeavor to supply a similar and/or equal service, subject to the Customers consent.
4.5. Once installation has been completed, any subsequent callouts of engineers shall be billed at the engineer’s charge out rate, with a minimum charge out of 1 (one) hour plus travel expenses.

5. USE AND STORAGE OF INFORMATION

5.1. The Customer acknowledges that the Supplier may establish general practices and limits concerning the use of the Services (which it shall be entitled to modify from me to me in accordance with industry standards), including, the period of me that the Customer’s email messages and other content uploaded on to the Supplier’s server is retained, the quantity and size of content that may be sent from or received by the Customer and that available disk space that will be allocated to the Supplier’s servers on the Customer’s behalf.
5.2. The Supplier shall not be obliged in any way to delete or store any messages and/or other electronic communications or exchanges that the Supplier maintains or transmits.
5.3. The Supplier shall furthermore be entitled on written notice to the Customer to terminate the provision of the Services should the Customer fail to use the Services for a continuous period exceeding 12 (Twelve) months, or on termination of the Agreement.

6. CUSTOMER’S OBLIGATIONS IN RESPECT OF THE EQUIPMENT

6.1. The Customer undertakes to use the Equipment only for the purpose for which it is intended and to ensure that its employees, agents and/or sub-contractors comply with the instructions and recommendations of the Supplier.
6.2. Upon delivery or collection of the Equipment as the case may be, risk in the Equipment shall pass to the Customer who shall then be responsible for:
6.2.1. keeping the Equipment in its possession and control, protected against loss and damage from whatsoever cause; free from any judicial attachment, hypothec or any other legal charge or process and shall not encumber the Equipment;
6.2.2. providing clean power to the Equipment;
6.2.3. exercising due care and diligence in respect of the Equipment;
6.2.4. protecting all Equipment against any form of lightning by means of installing a lightning protector, unless expressly provided by the Supplier to the Customer, and
6.2.5. obtaining adequate insurance for the Equipment for the full replacement value thereof.
6.3. The Customer furthermore agrees to ensure that the Equipment is maintained in clean, serviceable and good working order. Upon the expiry of this Agreement, the Customer shall return all Equipment in good working order and in the same condition as at the date of installation, fair wear and tear excepted.
6.4. The Customer agrees that any Equipment supplied by the Supplier and/or its service providers pursuant to this Agreement is movable property and that notwithstanding any installation thereof at the Customer’s premises, unless the Customer has purchased the Equipment outright and has paid in full for such Equipment, the Equipment shall at all times remain the property of the Supplier and/or its service providers, as the case may be, who shall have the right to inspect the Equipment at all reasonable times during the currency of this Agreement and to remove the Equipment on termination of the Agreement for any reason. Accordingly, the Customer undertakes forthwith upon the installation of the Equipment, to notify the landlord of the premises where the Equipment is to be installed of the Supplier’s and/or its service provider’s ownership of the Equipment.
6.5. The Customer shall provide:
6.5.1. the Supplier with access to its premises, the Equipment, Software, telephone ports and/or network for the purposes of monitoring and correcting the Equipment and/or Software and monitoring the performance of the Customer’s obligations hereunder;
6.5.2. the Supplier with plans, organograms, structural, architectural and block diagrams, user lists, company procedures and any other form of information that the Supplier deems necessary for the proper provision of the Services;
6.5.3. its own security procedures so as to ensure the integrity of its systems, it being specifically recorded that, notwithstanding the provisions of 6. 6 and 6.7, that the Supplier shall not be liable for any loss suffered by the Customer attributable to loss of integrity of its systems unless such loss is directly attributable to the gross negligence or fraudulent intent of the Supplier.
6.6. In respect of any Equipment provided to the Customer by the Supplier under a managed services agreement and in respect of Equipment provided by the Supplier at the Supplier’s cost to the Customer, where such Equipment is covered by the Supplier’s insurance:
6.6.1. the Customer undertakes to comply fully with the terms and conditions of the insurance cover procured by the Supplier, for all the Equipment supplied to it by the Supplier;

6.6.2. if the Equipment or any part thereof is lost, stolen or damaged for any reason whatsoever and howsoever arising, the Customer shall immediately notify the Supplier in wring of such loss, the or damage;
6.6.3. In the case of Equipment that is damaged, and until such notification has been received by the Supplier, the Customer shall remain fully liable for all costs and charges pertaining to such Equipment and to the Services.
6.7. The Supplier shall, as soon as reasonably possible after receipt of written notification of such the, loss or damage for Equipment supplied under a managed services agreement:
6.7.1. repair or replace Equipment (other than Equipment that has not been supplied by the Supplier, the repair and/or replacement of which shall be for the Customer’s entire responsibility);
6.7.2. bear the costs of such repair or replacement except where such repair or replacement is necessary as a result of an accident or force majeure event (as contemplated in clause 10) or through improper, malicious or negligent use by the Customer of the Equipment or use in breach of the terms and conditions hereof. The Supplier shall in its sole discretion, using reasonable testing methods,
determine whether such Equipment has been subjected to improper, malicious or negligent use.
6.8. In respect of any the, loss or damage of Equipment that has been purchased outright by the Customer from the Supplier, and notwithstanding the provisions of clause 7.10, the Customer shall be fully liable for all costs and charges pertaining to the replacement of such Equipment. Such loss, the of, or damage to and/ or the issue of replacement Equipment shall in no way be deemed to constitute a termination of the Agreement which shall continue to be of full force and effect.
6.9. The Customer shall be obliged to ensure that the Equipment and all components thereof at all times remain at the site of installation thereof. Should the Customer wish to relocate any fixed or movable component(s) of the Equipment to alternative premises, the Customer shall be precluded from doing so unless it has made written application on no less than 4 (Four) months’ notice to the Supplier to such effect and the Supplier has approved such relocation in wring. The Customer will be charged for any site- relocation requirement (whether within the Customer’s existing premises or to alternative premises) at the relevant rates stipulated by the Supplier and/or its service providers at the me of such site re-location.
6.10. The Supplier may at any me re-configure, upgrade, and/or exchange any Equipment at its sole and absolute discretion, to meet its obligations required to provide the Services. The Supplier shall not be obliged to effect any other upgrades or improvements unless it determines to do so in its sole and absolute discretion.
6.11. The Customer shall not itself be entitled to, nor permit any other party, to repair, maintain, modify, alter or add to the Equipment in any manner whatsoever without the Supplier’s prior written consent.
6.12. Unless the prior written approval of the Supplier is obtained, the Customer shall ensure that only Equipment and Services marketed and sold by the Supplier may be installed on or connected to the Equipment. Any component or accessory affixed or addition made to the Equipment during the currency of this Agreement shall become the sole property of the Supplier without reimbursement or compensation to the Customer.

7. CHARGES AND PAYMENT

7.1. Unless otherwise agreed to by the Supplier in wring or provided for in the Proposal or in the Product Specific Terms and Conditions, in consideration of the provision of the Services and Equipment by the Supplier to the Customer, the Customer shall effect payment to the Supplier, in full, without deduction or set off and free of bank charges, on date of invoice:
7.1.1. for the supply and delivery of Services, Equipment and installation;
7.1.2. for the Monthly Service Charge and/or all other maintenance charges and insurance charges, if applicable, and of all other relevant periodic charges (including monthly and annual charges) in advance, as specified in the proposal;
7.1.3. for the Usage Charges, in arrears, as specified in the Proposal;
7.1.4. at the Supplier’s premises or at the Supplier’s banker’s premises.
7.2. It is expressly recorded and agreed that the Supplier shall be entitled, on 30 (Thirty) days’ written notice to the Customer, to increase the charges payable by the Customer in circumstances of either such increases being specifically provided for in the Proposal or the direct costs to the Supplier in providing the Services (including, without limitation, the charges charged by the Network Provider(s) in respect of such Services) being increased. In such event the increases to the charges shall be commensurate with the increased costs of providing the Services. Furthermore, the Supplier shall be entitled to vary any savings and/or rates guaranteed or implied to the Customer in the event of a change in network tariffs or the regulatory environment which impacts on the Services on the giving of 30 (Thirty) days’ written notice thereof to the Customer.
7.3. Unless the Customer notifies the Supplier in wring within 3 (Three) days of receipt of an invoice to the contrary, the contents of such invoice shall be deemed to be correct.
7.4. Unless otherwise stipulated, all amounts payable by the Customer to the Supplier in terms of this Agreement are exclusive of VAT and any other statutory levies, taxes and imposts as may be levied thereon from me to me. The Customer shall accordingly be liable for VAT and all rates, taxes, government or statutory levies as may be imposed in respect of the Services from me to me.
7.5. The Supplier shall be entitled to insist that all amounts payable by the Customer are made through a debit order on the terms and conditions stated in the Proposal and the Customer  shall be obliged to execute and deliver such further instruments, contracts, forms and other documents (“Additional Documentation”) or perform such further acts as may be required by the Supplier for the purposes of securing such debit order/s in favorite of the Supplier, copies of which Additional Documentation shall have been made available to the Customer prior to the date of signature hereof. Where payment is made by the Customer through a debit order, other electronic means or any other intermediary, the Customer’s bankers or other intermediaries shall act as Customer agents and the Customer shall have discharged its obligations only upon payment being received by the Supplier at the Supplier’s premises or by the bankers of the Supplier.

7.6. In terms of the debit order, the Customer is aware of the non-refundable setup fee, outright purchases and pro-rata amounts applicable to the Services applied for, and accepts that these amounts will be debited from their account immediately when the service is activated.
7.7. Any cancellation of such a debit order without the prior written consent of the Supplier shall constitute a breach by the Customer of this Agreement.
7.8. The Supplier shall be entitled to charge the Customer the greater of a monthly administration fee of R35 a month (escalated on an annual basis in accordance with annual increases in CPIX) and interest at an amount equal to prime plus 5% of any overdue sums from date of invoice.
7.9. A certificate by a director of the Supplier as to the amount owing by the Customer to the Supplier at any me shall be sufficient proof thereof for provisional sentence or summary judgment.
7.10. In the event of an outright purchase of Equipment, if such Equipment has been delivered to the Customer’s premises and is subsequently lost or stolen from the Customer’s premises prior to it having been paid for either in part or in full, the Customer shall be responsible for the full payment of such Equipment to the Supplier.
7.11. Unless otherwise specified in the Agreement, in the case of an outright purchase of Equipment, the Customer shall pay the full amount of the total deal value upon delivery of the Equipment to the Customer’s premises.
7.12. Unless otherwise specified in the Agreement, in the case of an outright purchase of the Equipment by the Customer, where the Customer cancels the order after the Supplier has ordered the Equipment from its suppliers, the Supplier shall be entitled to charge the Customer an amount equal to 7% (Seven Percent) of the value of such ordered Equipment to the Supplier, which the Pares acknowledge and agree constitutes a reasonable charge within the meaning of section 17 of the CPA.
7.13. Where it is the Customer’s responsibility to install lightning protection equipment, and the Equipment has been damaged by lightning, it is the Customer’s responsibility for the full payment of such repair or replacement to the Supplier.
7.14 No refunds or credits shall be provided by the Supplier unless otherwise agreed thereto by the Supplier in its sole discretion, in which case such refunds or credits shall only become applicable once the Service has been in-operational for a continuous period of not less than 21 (Twenty-One) days from the day that a fault is logged by the Customer with the Supplier. 

8. SUSPENSION

8.1. The Supplier may upon 5 (Five) days’ written notice to the Customer, suspend, without fault, the Customer’s use of the Services in the event that –
8.1.1. any modification, maintenance or remedial work is required to be undertaken pertaining to the Services; and/or
8.1.2. the Customer fails to perform any of its obligations or breaches any term/s of this Agreement; and/or
8.1.3. the Customer at any me exceeds the credit limit which the Supplier, in its absolute discretion, shall set and notify the Customer of from me to me.
8.2. Should payment not reflect by the 10th of each month, services will be automatically suspended and a reconnection fee of R80 will be charged per suspended service.
8.3. The Customer remains liable for the applicable charges payable by it in terms of this Agreement during any period of suspension in the circumstances contemplated in clauses 8.1.

9. DEFAULT

9.1. Save where otherwise provided for in the Proposal or elsewhere herein, should either Party (“Defaulting Party”) –
9.1.1. fail to pay any amount payable under this Agreement within 7 (Seven) days after receipt of written demand requiring such payment;
9.1.2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within 14 (Fourteen) days after receipt of written demand from the other Party requiring it to do so;
9.1.3. becomes the subject of business rescue proceedings, is placed under liquidation, judicial management or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;
9.1.4. commit any act which if committed by a natural person would constitute an act of insolvency or become insolvent;
9.1.5. compromise or attempt to compromise generally with any of its creditors;
9.1.6. have a final judgment taken against it which is not satisfied within 30 (Thirty) days after the granting of such judgment, then the other Party (“Aggrieved Party”) shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of the defaulting party’s obligations whether or not due for performance, in either event without prejudice to the Aggrieved Party’s right to claim damages. Furthermore, and without prejudice to the Supplier’s rights pursuant to the foregoing, should the Supplier have suffered any damages as a result of interconnect bypass, the Supplier shall be entitled to recover from the Customer an amount equal to the interconnect rate applicable to the Supplier plus 10% (Ten Percent) thereof. 

10. FORCE MAJEURE
If either Party is prevented or restricted from carrying out all or any of its obligations under this Agreement by reason of any event constituting force majeure (being any cause beyond the reasonable control of either Party, including without limitation adverse weather conditions, unpredictable delays caused by traffic congestion, diversion or road works, the unavailability of raw materials, strikes, power outages, industrial disputes, regulatory interference or the unavailability of any communications lines and/or network operator facilities), then that Party shall be relieved of its obligations under this Agreement during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of such obligations during such period, provided that if the force majeure event continues for a period longer than 14 (Fourteen) days, either Party may cancel
this Agreement on written notice.

11. ABUSE OF SERVICES

The Customer hereby warrants and undertakes in favorite of the Supplier that the Customer –
11.1. shall not use nor allow the Services to be used for any improper, immoral or unlawful purpose, including, without limitation, attempting to utilize the Services to route (or assist another Party to route) transit traffic from other networks to the Supplier, nor in any way which may cause injury or damage to persons or property or an impairment or interruption of the Services;
11.2. shall comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by the Supplier relating to the Services including its Acceptable Use Policy available on the Supplier’s website, and hereby indemnifies the Supplier for any losses, expenses, damages, harm or amount for which the Supplier may become liable arising from or relating to the use of the Services in any manner whatsoever which violates the terms of this Agreement, the Supplier’s Acceptable Use Policy or any law, legislation or regulations; and/or any claims made by any third party arising from the Customer’s use of the Services unless such losses, expenses, damages, harm or liability were directly attributable to the gross negligence or fraudulent intent of the Supplier.

12. OBLIGATIONS ON TERMINATION AND/OR SUSPENSION

12.1. The Customer is liable for any obligation accrued at the date of termination or suspension of the Services, including the payment of any costs or charges that may arise in connection with such termination (including, without limitation, the cancellation fees referred to in clause 3.6) or suspension, and the payment of all outstanding fees for the use of the Services prior to said termination or suspension.
12.2. The payment obligations of the Customer in terms of this Agreement are not suspended, stayed, delayed or otherwise affected by any suspension of access to the Services where such suspension arises from the Customer’s failure to comply with, or violation of, the terms and conditions of this Agreement or any law or legal obligation of the Customer.
12.3. The Supplier shall be entitled to immediately deactivate the Service on the date of termination or cancellation and further, has no obligation to the Customer after any termination or cancellation of this Agreement and/or the Service.

13. WARRANTIES, EXCLUSION AND LIMITATION OF LIABILITY

13.1. The Supplier shall use all reasonable endeavors to ensure that the Equipment supplied by it and/or its Service Providers is in accordance with the Agreement and is otherwise correct in terms of the Customer’s requirements. Subject to any warrens that may be implied by the CPA, to the extent that the CPA is applicable to the Agreement, the Supplier does not, however, make any representations nor, unless expressly given in wring, give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the Services or the Equipment, including but not limited to, implied warrens of merchantability and fitness or suitability for any intended purpose.
13.2. Subject to the provisions of the CPA, to the extent that the CPA is applicable to the Agreement, the Supplier shall not be liable to the Customer or any third party for any loss or damage which the
Customer or such third party may suffer or incur as a consequence of utilizing the Services and/or Software and/or Equipment, irrespective of whether such loss or damage is direct, special, incidental, consequently or otherwise unless such loss or damage was directly attributable to the gross negligence or fraudulent intent of the Supplier.

13.3. Without liming the generality of the foregoing, the Supplier shall not (other than in circumstances of the Supplier’s gross negligence or fraudulent intent) be liable for any damage or loss suffered by the Customer caused by and/or attributable to –
13.3.1. the Services being interrupted, suspended or terminated, for whatsoever reason; and/or
13.3.2. the Supplier’s failure to suspend the provision of the Services to the Customer in terms of an arrangement between the Supplier and the Customer or after the Customer has specifically requested the Supplier to do so in order to limit the applicable charges; and/or
13.3.3. communications not being sent and/or received and/or transmitted timeously or at all for any reason whatsoever; and/or
13.3.4. circumstances that constitute a force majeure event (as contemplated in clause 10); and/or
13.3.5. the Customer’s failure to perform its obligations under this Agreement; and/or

13.3.6. changes made to the Customer’s operating environment which were not communicated to the Supplier; and/or
13.3.7. a power failure or power interruptions at any site from where the Services or any component of the Services are rendered; and/or
13.3.8. any failure or delay by the Customer to report problems or queries to the Supplier’s call centre; and/or
13.3.9. the server and/or Equipment of any recipient party being non- functioning for any reason whatsoever; and/or

13.3.7. a power failure or power interruptions at any site from where the Services or any component of the Services are rendered; and/or
13.3.8. any failure or delay by the Customer to report problems or queries to the Supplier’s call centre; and/or
13.3.9. the server and/or Equipment of any recipient party being non- functioning for any reason whatsoever; and/or
13.3.10. the failure of any hardware, software programme, operating system, application/s, networks, telecommunication lines and/or any  other computer system (or any component thereof) of any third party on whom the Supplier and/or the Customer relies (whether directly or indirectly) to supply and/or receive, as the case may be the Services;

 13.3.11. the unavailability of the Supplier’s website for any reason whatever; and/or

 13.3.12. the Customer using the Service for any unlawful, improper or immoral purpose; and/or

 13.3.13. the unlawful or fraudulent accessing by a third party of the Customer’s telecommunicyiaon  lines, PBX or other telecommunicayion equipment. In such circumstances, the Customer shall remain liable for all

charges incurred pursuant to such unlawful or fraudulent access and hereby indemnifies the Supplier against all loss, liability, damage or expense which the Supplier may suffer as a result thereof.

 13.4. Notwithstanding any other provisions of this Agreement, the Supplier’s liability to the Subscriber and/or any third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by the negligence (but excluding gross negligence) of the Supplier or the Customer, as the case may be, or that of its servants, agents and sub-contractors, shall in any event  and under all circumstances be limited to an amount equal to the fixed monthly charges payable by the Subscriber during the Initial Period.

14. UNSOLICITED COMMERCIAL COMMUNICATIONS

 14.1. The Customer indemnifies the Supplier and its directors, employees, agents and sub-contractors against all loss, liability, damage or expense (whether actual, contingent or otherwise and whether or not in the contemplation of the Pares and including but not limited to loss of data, profits or goodwill) which the Supplier or its directors, employees, agent and/or sub-contractors may suffer as a result of, or which may be attributable to, the sending of unsolicited commercial communications (“SPAM”).

 14.2. The Customer is solely responsible for compliance with all laws and regulations from me to me regulating SPAM, including but not limited to, the Electronic Communications and Transactions Act of 2002 (“ECTA”), the Independent Communications Authority of South Africa (ICASA) Code of Conduct, the Internet Service Providers Association of South Africa (“ISPA) Code of Conduct and the Wireless Application Service Providers Association of South Africa (“WASPA”) Code of Conduct.

 15. ASSIGNMENT, SUB-CONTRACTING AND CONTRACTING ON BEHALF OF THE CUSTOMER

 15.1. The Customer may not assign any of its rights or obligations in terms of this Agreement, nor pass any Equipment to any third party, nor allow any third party to use the Equipment, without the Supplier’s prior written consent. 

 15.2. The Supplier shall be entitled at any me during the currency of the Agreement to cede and/or assign and/or sub-contract any or all of its rights and obligations in terms of the Agreement to any other party provided that if the Customer is a consumer as contemplated in regulation 44(1) of the CPA Regulations such assignment of obligations is not to the Customer’s detriment. 

 15.3. Subject to the restriction in clause 15.1 this Agreement shall be binding on the successors-in-title of the respective Pares. 

 16. NOTICES
16.1. The Customer and the Supplier choose the addresses set out in the Agreement as their chosen address (“domicilium”) for all purposes, in respect of court process, notices or other documents or
communications.
16.2. All cancellation notices are to be sent in wring to support@rcitservices.co.za
16.3. Either Party may change its domicilium on written notice to the other.
16.4. Any notice required or permitted to be given in terms of this Agreement shall be valid and effective only if given in wring, excluding notice in the form, either wholly or partly, of a data message as defined in the ECTA.

17. GOVERNING LAW AND JURISDICTION

17.1. This Agreement shall be governed by the laws of the Republic.
17.2. The Customer, by its signature hereto and in terms of the provisions of Section 45 of the Magistrates Court Act. No 32 of 1944, as amended, consents to the jurisdiction of the Magistrate’s Courts in relation to any actions or proceedings instituted against the Customer in terms of, or arising out of the provisions of this Agreement, provided that either Party in its sole and absolute discretion shall be entitled to institute any such actions or proceedings, in any division of the High Court of South Africa possessed of the requisite jurisdiction.
17.3. In the event of either Party instituting legal proceedings against the other (“Defaulting Party”) to recover amounts due to or take any other legal steps arising out of this Agreement, the Defaulting Party shall be liable for legal costs on the scale as between attorney and own client.

 18. DISCLOSURE

 18.1. The Supplier undertakes not to disclose to any third-party details of the Customer’s name, address or any third party (“Customer Details”) except as set out in this clause 18.
18.2. The Customer hereby authorizes the Supplier to disclose Customer’s details to a third party wherever the Supplier deems this reasonably necessary to enable it to properly perform its functions or protect its interests (including, without limitation, for the purposes of credit venting the Customer), for the purpose of enabling the provision of emergency services or directory or repair services to the Customer. 

 18.3. In addition, the Supplier may disclose the Customer’s details if required to do so to any regulatory authorities or any court of law. 

 19. AUTHORITY AND ACKNOWLEDGEMENTS

19.1. The Customer warrants that it has the necessary legal capacity and authority to conclude this Agreement.
19.2. The signatory of the Customer warrants that he/she is authorized to sign on behalf of the Customer.
19.3. The Customer confirms that:
19.3.1. it has been given an adequate opportunity to read and has read and understood the Agreement together with the Supplier’s Acceptable Use Policy, and any Product Specific Terms and Conditions, where applicable; 
19.3.2. it has read and is aware of all the terms and conditions contained herein that are printed in bold and which have been initialed by the Customer as confirmation hereof.
19.4 Where the physical installation of Equipment is required, the Customer warrants that it has obtained all the necessary consents from the landlord or landowner, as the case may be.

 20. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

 20.1. This Agreement, and any Product Specific Terms and Conditions where applicable, constitutes the whole agreement between the Parties relating to the subject matter hereof, and shall not be modified except as expressly set out in this clause 20. 

 20.2. Subject always to the right of the Customer to terminate this Agreement in accordance with the provisions of clause 3, the Supplier frequently modifies and seeks to improve the Services which it provides to its Customers, and such changes may from me to me require that the Supplier amends the Agreement. The Supplier shall in its sole discretion have the right to amend the Agreement and to change and/or discontinue any feature or component of the Services, as it may deem necessary. Any use by the Customer of the Services after any such amendment has been implemented and notified to
the Customer in wring by the Supplier, shall be deemed to constitute acceptance by the Customer of such amendment.

 21. NON-SOLICITATION 

 21.1. For the duration of this agreement, and for a period of 12 months there after, the customer may not, without the prior written permission of the supplier, directly or indirectly, employ, induce or solicit the employment of any employee of the supplier’s personnel nor shall it solicit, entice, encourage or persuade any such employee to terminate his/ her employment with the supplier. 

 21.2. As a penalty, if the customer breaches clause 21.1, it will pay to the supplier an amount equal to the remuneration paid to that employee in the previous 24 months as a recruitment fee. Such amount shall be payable on 3 days’ notice from the supplier. 

 22. GENERAL 

 22.1. Subject to clause 20 and any other provision herein to the contrary, no cancellation of this agreement and no settlement of disputes arising under this agreement and no extension of me, waiver or relaxation or suspension of any of the provisions of this agreement shall be binding unless recorded in wring and signed by the pares. Any such extension, waiver, relaxation or suspension, which is so given, shall be strictly construed as relating only to the matter in respect of which it was made or given. 

 22.2. To the extent permissible by law and subject always to the provisions of the CPA, if the CPA applies to the Agreement, no Party shall be bound by any express or implied term, representations, warranty, promise or the like not recorded herein. 

 22.3. Should any part of this Agreement be found invalid, the balance of the provisions shall remain enforceable. The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting thereof, shall not apply. 

 23. Additional Notes 

 ● All maintenance and the installation of internal reticulation, wireless boosters, range extenders etc.is the responsibility of the Customer/home owner at all Times. 

 ● Once your fibre and router are installed, you may need more than one additional router and cabling infrastructure, we recommend contacting your IT company to
assist with these requirements. 

 ● Please ensure you are happy with the fibre and ONT placement within your property 

 ● Fibre ONT remains the property of Tech5, or its duly appointed service provider, where applicable, and will be required to be returned should you cancel the
Service. Should the ONT be removed from site, a fee will be charged to the client. 

 ● Billing for a Service shall commence when the Service goes live and is not necessarily dependent upon the delivery and/or installation of Equipment.
● Router will be shipped to the client
● FIbre services cannot be transferred / Migrated / Moved

By ordering, installing, connecting or making use of RC IT Services goods or services from our website  https://rcitservices.co.za/, or by indicating your acceptance of this Agreement in any other way, you agree to be bound by RC IT Services Standard Terms as well as RC IT Services, Acceptable Use Policy and the specific Service Terms applicable to the good or service concerned.
Your attention is drawn in particular to clauses rendered in bold capitals in the RC IT Services Standard Terms. What follows is a summary for your convenience and does not form part of the agreement between you and RC IT Services. It is your responsibility to read the clauses referred to.

• You consent to a credit check and to credit record reporting (clause 7.1), if required.
• You are responsible for your own actions using the services provided by RC IT Services (clause 9.1).
• You are responsible for all hardware and software required to make use of the services provided by RC IT Services unless otherwise agreed (clause 9.2).
• You agree to comply with RC IT Services Acceptable Use Policy (clause 9.4).
• You warrant that you have the right to use any material transmitted, accessed, stored, displayed or reproduced using the service provided by RC It Services (clause 11.7).
• You consent to RC IT Services monitoring your traffic data for accounting purposes and to ensure that the RC IT Services system is operating properly (clause 14.1).
• You consent to RC IT Services using personal information that you provide to RC IT Services only for the purpose of providing the service/s, and you warrant that if you provide a third party’s personal information to RC IT Services you have the consent of that third party (clause 14.3).
• As soon as equipment provided by RC IT Services leaves RC IT Services possession, risk passes to you (clause 16).
• If any equipment owned by RC IT Services is located on premises you do not own, you must reimburse RC IT Services if the landlord attaches the equipment as part of a rental dispute (clause 18).
• RC IT Services will not be liable to you if you suffer loss as a result of your use of the services provided by RC IT Services or which arises from the agreement between you and RC IT Services (clause 19).
• You indemnify RC IT Services against any claim made against RC IT Services as a result of any unlawful act that you may commit, or your use of the goods or services provided by RC IT Services other than as allowed in the agreement (clause 20).

Content:

1.      Parties
2.      Definitions
3.      How the Agreement Works
4.      Service Orders
5.      Term of Agreement and Renewal
6.      Amendment of Terms
7.      Initiation
8.      Fees and Payment
9.      Use of Services
10.         Email accounts
11.         Intellectual Property
12.         Security
13.         Suspension of Service
14.         Data & Content
15.         Statutory Compliance
16.         Loss of License
17.         Risk and Ownership in Equipment
18.         Use and Maintenance of Equipment
19.         Limitation of Liability
20.         Indemnity
21.         Warranties
22.         Assignment, Subcontracting and Reselling
23.         Relationship between the Parties
24.         No Solicitation
25.         Application of the Consumer Protection Act
26.         Breach and Termination
27.         Notices
28.         Disputes
29.         Force Majeure
30.         Interpretation
31.         General
32.         Domain Registration, Renewal, Redemption, Deletion & Domain Parking

1. Parties
   1. RC IT Services is RC IT Services (PTY) LTD a company incorporated in terms of the company laws of the Republic of South Africa.

Address:  17 Ingwe Road, Milnerton, Sanddrift, CAPE TOWN, 7441

Telephone: 0875502103

• The Customer or “You” is the party described as such on any Service Order executed between you and RC IT Services with contact details as entered on the Service Order.

2. Definitions
   The terms listed below will have the following meanings in this Agreement:

1. Definitions
   The terms listed below will have the following meanings in this Agreement:

2.1.  “Acceptable Use Policy” or AUP means the document with that heading available on the RC IT Services Website, as amended from time to time.
2.2. “Agreement” means these Standard Terms, as well as the relevant Service Order(s), Service Terms and any schedules or annexures relating to them or to this document, which all form part of the Agreement.
2.3. “Affiliate” means, in relation to a Party, the Party’s holding company, its subsidiaries, the subsidiaries of its holding company and any other companies which, directly or indirectly, is controlled by the Party, controls the Party or is under common control with the Party.

2.4. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.

2.5. “Business Hour” means a period of 60 minutes between the hours of 08h30 and 17h00 South African Time, on a Business Day.
2.6. “Charges” means the rates to be paid by the Customer for the Services as set out in the Charges Schedule

2.8. “Customer Data” means information collected for the purpose of identifying customers as well as photographs, websites, videos, data and e-mail messages that are transmitted via the RC IT Service System.
2.9. “Customer Equipment” means any equipment owned by the Customer, including without limitation servers, peripherals, routers, switches, Software, Databases, data cables, hard drives and uninterruptible power supplies.
2.10. “Customer System” means the Customer Equipment and Software operated together by the Customer as a system.
2.11. “Customer Support Ticket Area” means the online account administration facility provided to Customers at the RC IT Services Website .

2.12. “CPA” means the Consumer Protection Act, 68 of 2008.
2.13. “Data” means electronic representations of information in any form.
2.14. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.

2.15. RC IT Services Equipment” means any equipment supplied to the Customer by RC IT Services in terms of this Agreement but which the Customer does not own, or any equipment possessed by RC IT Services.

2.16. “RC IT Services Premises” means any premises where equipment used by RC IT Services to provide the Services is located, and which is not owned or occupied by the Customer, and includes reference to data centres both in South Africa and elsewhere.

2.17. “RC IT Services System” means equipment operated together as a system by RC IT Services to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
2.18. “RC IT Services Website” means the Internet website published at the URL https://rcitservices.co.za/ or another URL that RC IT Services notifies the Customer of from time to time.
2.19. “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
2.20. “Emergency Maintenance” means maintenance to the RC IT Services System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Services, or substantial loss to RC IT Services, the Customer or any third party.
2.21. “Fees” means the fees and / or charges due to RC IT Services by the Customer in respect of Goods or Services provided by RC IT Services to the Customer in terms of this Agreement.

2.22. “Goods” means any and all goods to be provided by RC IT Services to the Customer in terms of this Agreement, including without limitation equipment, hardware and third party software.
2.23. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
2.24. “Hosting Service” means the type of hosting service selected by the Customer, either Website Hosting or Cloud Server Hosting as described in the Schedule and the Service Order.
2.25. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.

2.26. “Malicious Code” means anything that contains any computer software routine or code intended to:
2.26.1. allow unauthorised access or use of a computer system by any party, or
2.26.2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
2.27. “Party” means either of RC IT Services or the Customer and “Parties” means both of them collectively. The term also includes their successors and anyone to whom their rights have been assigned (if this is permitted).

2.28. “Personnel” means any director, employee, agent, consultant, contractor or other representative of a Party.
2.29. “Personal Information” has the meaning set out in POPI.
2.30. “POPI” means the Protection of Personal Information Act, 4 of 2013.
2.31. “Privacy Policy” means the document with that heading available on the RC IT Services Website, as amended from time to time.
2.32. “Provider” means RC IT Services

2.33. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2003.
2.34. “Service” means a service provided by RC IT Services to the Customer in terms of this Agreement.
2.35. “Service Level Availability” means a Service Schedule with that heading defining levels of service to be met by RC IT Services under the Agreement.
2.36. “SLA Ticket” means the reporting of a service outage or complaint regarding a Service or the Service Level Availability either via the service provider’s online portal.
2.37. “Service Order / Order” means a goods, license, services and / or work order agreed to in writing or by subscription on website (which includes reference to email or via the RC IT Services Website) by both the Parties in terms of this Agreement and relevant Service Terms listing the specific Goods or Services to be provided by RC IT Services to the particular Customer.
2.38. “Service Terms” means a schedule describing the terms on which RC IT Services will provide a particular Good or Service, as amended from time to time, read with the General terms, such as the Hosting terms , Domains, Connectivity, AUP.
2.39. “Standard Terms” or “RC IT Services Standard Terms” means this document.
2.40. “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
2.41. “Supplier” means a supplier of goods and / or services to RC IT Services
2.42. “Time and Materials Rate” means RC IT Services standard time and materials

fees and charges applicable from time to time, including all expenses reasonably and actually incurred by RC IT Services, including for travel, accommodation and subsistence.

3. How the Agreement Works
   3.1. The Goods and Services that RC IT Services will provide to the Customer will be described in Service Orders and specific Service Term(s) schedules.
   3.2. These Standard Terms apply to all Service Orders.
   3.3. More details of particular Goods or Services may be contained in Service Term(s) Schedules.
   3.4. The Service Order(s), Service Terms, and this document together form the Agreement between RC IT Services and the Customer. If the Parties enter into a Service Level Availability or agree to an annexure to any of these documents, these will also form part of the Agreement.
   3.5. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: Standard Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Availability, unless otherwise expressly stated in writing.
   4. Service Orders / Orders
   4.1. RC IT Services will provide the Services to the Customer as described in Service Orders in terms of the Agreement.
   4.2. A Service Order may be signed in hard copy (in counterparts or not), entered into via the RC IT Services Website, per email or by another method if confirmed by RC IT Services.
   4.3. Each Service Order (read with the other documents mentioned above) will be a separate contract between the Customer and RC IT Services (unless the Service Order is amended or renewed by another Service Order).
   4.4. The terms of one Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing Service Order.

5. Term of Agreement and Renewal
5.1. The Agreement will be in force from the date on which the Customer signs or indicates acceptance of a Service Order in some other way, and will continue in force for the period stated on the Service Order, where after it will automatically renew for further periods equal to the initial period until terminated as described in clause 5.3. If the Service Order does not specify a time period, the Agreement will operate on a month-to-month basis.
5.2. Where the commencement of a Service is delayed, the termination date of the Agreement will be calculated from the date that the Service commenced.
5.3. Unless otherwise stated in the Service Order, the Customer may terminate the Agreement on 1 (one) calendar months’ notice in writing to the other. Cancellations by the Customer must be confirmed by RC IT Services to have effect.
6. Amendment of Terms
6.1. RC IT Services may amend the Standard Terms and Service Terms at any time.  The amended versions will be posted on the RC IT Services Website, and RC IT Services will as soon as possible after posting the amendments make reasonable efforts to advise the Customer of them by email and via the Customer Support Ticket Area.
6.2. RC IT Services must give at least 14 days or immediate notice under extreme conditions written notice of the amendments.
6.2.1. In the case of a fixed-term Agreement (which includes services renewed monthly), the amendments will become effective at the end of the then current contractual period.
6.2.2. In the case of an indefinite period, the amendments will become effective at the beginning of the first calendar month after the notice period has expired, and the Customer may terminate the Agreement before the end of the notice period if it objects to the amendments. The termination will take effect at the end of the notice period.
6.3. If RC IT Services increases its Fees, notice of the change must take place as described in clause 6.2
7. Initiation
7.1. If the Customer is a juristic person, RC IT Services may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, RC IT Services may withhold providing the Services until the surety has been signed.
7.2. Depending upon the Service provided to the Customer, RC IT Services may be obliged under RICA to obtain certain information from the Customer, and RC IT Services may withhold or suspend provision of Services until the Customer has provided the necessary information to RC IT Services.
7.3. If the Customer has not complied with a requirement of this clause 7, RC IT Services may delay providing the Services until the Customer has complied. If the Customer does not comply within a reasonable period, RC IT Services may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result.
8. Fees and Payment
8.1. The Customer will be liable for and will pay the Fees in respect of Services supplied in terms of this Agreement on the basis set out in the Service Orders, without deduction or set-off.
8.2. RC IT Services may at its sole instance require the Customer to make payment by way of debit order.
8.3. Unless otherwise agreed:
8.3.1. Billing will commence on the date that Service provision commences.
8.3.2. Partial months (if applicable) will be charged pro rata, and this Fee may be included in the following month’s charge for convenience’ sake.
8.3.3. All other invoices must be paid by the Customer within ten (10) calendar days of the date of RC IT Services invoice.
8.3.4. Pre-paid Fees must be paid by the 7th day of the relevant month.
8.3.5. All Fees and other amounts payable are quoted exclusive of VAT.
8.3.6. All transactions are processed in South African Rands (ZAR) unless otherwise agreed upon in writing from the Accounts department or Management.
8.3.7. Should the Customer elect to pay via Cash or Cheque payments, services shall only be activated once the proof of payment has been faxed through to the Provider and said amounts are cleared by the bank. The Provider is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.
8.3.8. All cash / ATM and / Teller deposits will be subject to the bank fees as set out by the bank.
8.4. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
8.4.1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
8.4.2. The prime overdraft rate will be as charged by RC IT Services bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
8.4.3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
8.5. RC IT Services may at its sole discretion suspend the provision of Services in respect of which any amount is outstanding:
8.5.1. immediately where a debit order fails due to incorrect information or insufficient funds (with a delay in reconnection of up to 72 hours in the case of multiple bounces), or
8.5.2. on 5 (five) Business Days written notice to the Customer in any other case,
8.5.3 unless the amount is the subject of a legitimate billing complaint by the Customer. Such suspension will not relieve the duty upon the Customer to make payment of subsequent Fees for that service or any other amounts due to RC IT Services.
8.6. Reconnection of any Service suspended in terms of clause 8.4 will be subject to a reasonable reconnection fee which will be published on the RC IT Services Website from time to time.
8.7. Termination of any annual or bi-annual account before its pre-paid term ends will be subject to a reasonable administration fee which will be published on the RC IT Services Website from time to time.
8.8. Should any amount be outstanding by more than 60 Business Days, RC IT Services may refer the matter to a debt collection agency or attorney for collection. Should it do so, the Customer will be liable for a reasonable administration fee which will be published on the RC IT Services Website from time to time, as well as any legal costs arising from collection of the debt.
8.9. If a particular Service is provided by calendar month, and the commencement date for that Service is not the beginning of a calendar month, the Fee for that first

month will be reduced proportionately.
8.10. RC IT Services may increase or decrease the Fee for any Service from time to time, and this will be done in the same way as an amendment of this Agreement (see clause 6).
8.11. The Customer will reimburse all reasonable expenses that are necessarily and actually incurred by RC IT Services and RC IT Services Personnel in fulfilling RC IT Services obligations in terms of this Agreement. Such expenses include, but are not limited to, travelling, subsistence, goods and services purchased on the Customer’s behalf, communications, stationery, reports and presentation material. Travelling and subsistence expenses will be agreed between the parties from time to time.
8.12. The Parties agree that in the event of any dispute in respect of monies owing to RC IT Services which have not been paid by the due date; RC IT Services:
8.12.1. may retain any Customer Equipment which is in its possession in pursuance of any Service Order as security for payment of any disputed amount, and
8.12.2. will be entitled, but not obliged, to dispose of such Customer Equipment in order to recover any amounts so owing should such amounts have been outstanding for a period of more than 60 (sixty) days from due date.
8.13. If a Customer has been given a discount as a result of referring a third party to RC IT Services, the discount will be forfeited if the referee terminates its agreement with RC IT Services within three (3) months of commencement.

9. Use of Services
9.1. THE CUSTOMER ACCEPTS THAT IT IS RESPONSIBLE FOR ALL OF THE CONSEQUENCES OF ITS OWN ACTIVITIES AND THOSE OF ITS EMPLOYEES, OFFICERS, AGENTS, INDEPENDENT CONTRACTORS AND ALL OTHERS UNDER ITS CONTROL WHEN USING THE SERVICES.
9.2. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING, INSTALLING AND MAINTAINING ALL HARDWARE AND SOFTWARE REQUIRED TO ACCESS THE SYSTEM AND MAKE USE OF THE SERVICES, UNLESS OTHERWISE AGREED IN WRITING.
9.3. The Customer must make use of the Services in a considerate and lawful way, and RC IT Services has developed an Acceptable Use Policy that contains reasonable rules of conduct for the use of the Service. The Acceptable Use Policy, as amended, is available for viewing on the RC IT Services Website.
9.4. THE CUSTOMER MUST COMPLY WITH THE ACCEPTABLE USE POLICY AND ENSURE THAT ANYONE UNDER ITS CONTROL THAT USES THE SERVICES ALSO DOES SO. A BREACH OF THE ACCEPTABLE USE POLICY IS A BREACH OF THE CUSTOMER’S DUTY TO ACT IN A CONSIDERATE AND LAWFUL WAY.
9.5. Network security threats evolve quickly and behaviours change as technology changes. As a result, RC IT Servies must be able to amend the Acceptable Use Policy at any time, and reserves the right to do so. The Customer has a general duty to act in a considerate and lawful way; an amendment to the Acceptable Use Policy does not constitute an amendment of this Agreement.
9.6. RC IT Services may use upstream Suppliers in providing certain Services, which

may maintain their own acceptable use policies. RC IT Services will inform the Customer if this is the case. The Customer agrees to abide by these policies in using the relevant Services. RC IT Services may treat a breach of a Supplier’s acceptable use policy as if it were a breach of RC IT Services Acceptable Use Policy.
10. Email accounts
If email accounts are made available to the Customer, they will be provided on the following terms:
10.1. RC IT Services may filter incoming email for unsolicited bulk email (Spam), Virus and Malicious Code. This filtering will be done on a best effort basis without any warranty of any kind.
10.2. The servers used to provide an email Service will be subject to the same level of security as the rest of the RC IT Services System.
10.3. The Customer may send bulk email, but may not send unsolicited bulk email, as described in the Acceptable Use Policy.
10.4. RC IT Services will be entitled to take whatever steps it deems necessary to prevent the sending of unsolicited bulk email using the RC IT Services System.
10.5. RC IT Services will be entitled to take whatever steps it deems necessary to prevent an IP address allocated to RC IT Services from being blocked as result of the transmission of bulk unsolicited email, and may amongst other measures:
10.5.1. suspend the Customer’s email account, and
10.5.2. suspend access to a domain name hosted on the RC IT Services System.
10.6. If RC IT Services incurs costs in unblocking any of its IP addresses as a result of a Customer sending bulk unsolicited email using the RC IT Services System, the Customer will be liable for those costs, including time and materials at RC IT Services standard rates.
10.7. If email accounts are held on RC IT Services servers:
10.7.1. RC IT Services may delete emails received or sent more than 90 days before a given date;
10.7.2. If the mailbox size specified in the relevant Service Order is exceeded, no further emails will be received into the Customer’s account;
10.7.3. No emails larger than 20 Mb will be sent or received;
10.7.4. Upon termination of the Service all email will be deleted and email addresses associated with the Customer’s account will cease to function;
10.7.5. RC IT Services has no responsibility for backing up emails stored on its servers; and
10.7.6. “Webmail” is provided as a complimentary service and RC IT Services gives no warranty that it will be accessible by the Customer at any given time.
10.7.7. Individual mail sent to the Customer’s POP3/IMAP box or forwarded to the Customer’s existing email address may be limited to 5MB in size each.
10.8. RC IT Services reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers and at our sole discretion.

11. Intellectual Property
11.1. Nothing in this Agreement will be interpreted as granting either RC IT Services or the Customer a license to deal in any way with any Intellectual Property owned by the other, nor will anything be construed as an assignment of Intellectual Property to the other, unless otherwise agreed in writing.
11.2. If RC IT Services provides the Customer with Software as part of providing a Service, and it holds Intellectual Property rights to the Software, it grants the Customer a non-exclusive, non-transferable licence to use that Software:
11.2.1. only for the Customer’s own purposes;
11.2.2. for making use of the Services; and
11.2.3. for the duration of this Agreement and subject to its terms.
11.3. If RC IT Services provides the Customer with Software owned by a third party, the Customer must comply with all license terms imposed by the third party when it uses the Software. These terms include any terms appended to a Service Order.
11.4. Copyright in any Software or other works created by RC IT Services in terms of this Agreement will vest in RC IT Services.
11.5. The Customer is specifically prohibited from reverse engineering, disassembling, decompiling or using any method to discover the source code of any Software provided in terms of this Agreement (or attempting to do so), where the Intellectual Property is not owned by the Customer.
11.6. The Customer undertakes to comply with all intellectual property laws, and to do nothing related to or connected with this Agreement or its use of the RC IT Services System which may infringe the Intellectual Property rights of RC IT Services or any third party.
11.7. THE CUSTOMER WARRANTS THAT IT EITHER OWNS THE INTELLECTUAL PROPERTY RIGHTS TO ALL MATERIAL TRANSMITTED, ACCESSED, STORED, DISPLAYED OR REPRODUCED USING RC IT SERVICES OR THAT IT HAS THE PERMISSION OF THE OWNER OF THE MATERIAL TO MAKE USE OF THAT MATERIAL IN THAT WAY.
11.8. RC IT Services will have the right to make copies of the Customer Data if this is necessary to provide a Service.
11.9. While providing the Services, RC IT Services may have one or more Internet Protocol (“IP”) addresses allocated to the Customer.
11.9.1. The Customer must put the assigned IPs to the use specified or implied in the Service Order, and will not put them to another use without the express written consent of RC IT Services
11.9.2. The Customer acknowledges that IP addresses are not property and cannot be owned. As a result, the Customer has no right or expectation of a right to ownership of any IP address assigned to it.
11.9.3. On termination of this Agreement or the relevant Service Order, any IP Addresses assigned to the Customer may be removed from the Customer, and the Customer will have no recourse against RC IT Services or any third party as a result of any loss sustained as a result.
12. Security
12.1. RC IT Services will implement measures in line with Good Industry Practice

and its Acceptable Use Policy to ensure the security of the RC IT Servies and the physical security of the RC IT Services Premises and or Data Centres, but gives no warranty that breaches of security will not take place.
12.2. If the Customer discovers a security violation, or thinks that a security violation is imminent, it must immediately notify RC IT Services
12.3. If the Customer suffers damage as a result of loss or corruption of Customer Data through a security violation or breach of the Acceptable Use Policy, the Customer will be liable for the damage if the violation was the Customer’s fault.
12.4. The Customer must not do anything that may prejudice the security of RC IT Services, and must take all reasonable measures necessary to ensure that:
12.4.1. no unlawful access is gained to the RC IT Services Premises, the RC IT Services System, or the Customer System;
12.4.2. no Malicious Code is introduced into the RC IT Services System;
12.4.3. the Customer Data is safeguarded; and
12.4.4. any Internet Protocol (“IP”) address range assigned to the Customer cannot be attacked by third parties;
12.4.5. all use of the Services occurs in compliance with the Acceptable Use Policy.
12.5. If a security violation occurs, or RC IT Services is of the view that a security violation is imminent, RC IT Services may take whatever steps it considers necessary to maintain the proper functioning of the RC IT Services System including without limitation:
12.5.1. changing the Customer’s access codes and passwords (or those of any user of the RC IT Services System),
12.5.2. preventing access to the Customer System, and
12.5.3. preventing access to the RC IT Services System.
12.6. RC IT Services takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
12.7. The Customer must give its full cooperation to RC IT Services in any investigation that may be carried out by RC IT Servies regarding a security violation. If it is found that the Customer has violated the Acceptable Use Policy, the Customer shall pay Investigation fees to recover the costs per hour that the Provider’s personnel must spend to investigate any violations as set out in the Fee Schedule.
12.8. If the Customer is providing any service to third parties that makes use of the RC IT Services System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 12

 Suspension of Service
13.1. RC IT Services is entitled to suspend provision of the Service(s) to the Customer where:
13.1.1. the Customer is found to be in breach of the Acceptable Use Policy,
13.1.2. the Customer has not made payment of monies owing to Service Provider by due date, subject to clause 8.4,
13.1.3. such suspension is necessary to maintain security as set out in clause 12, 13.1.4. RC IT Services or its contractors need to carry out Emergency Maintenance,
13.1.5. the Customer has failed to co-operate in an investigation as set out in clause 12.7 or otherwise has breached its duties set out in clause 12 such that its continued access to the Service Provider System constitutes a threat to security, and / or
13.1.6. where so ordered by a court having jurisdiction over Service Provider.
13.2. RC IT Services is entitled to suspend Service as set out in clause 13.1 immediately and without notice. In the case of grounds set out in clauses 13.1.1 to 13.1.3. RC IT Services must provide the Customer with at least seven (7) days’ notice of such suspension, unless the circumstances are such that immediate suspension is necessary to avoid loss to RC IT Services, the Customer or any third party.
13.3. Should the Customer’s account be suspended for non-payment, the Provider reserves the right to place a non-payment page on the Customer’s domain.
13.4. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
13.5. Reconnection of any Service suspended in terms of clauses 13.1.1 to 13.1.6 will be subject to a reasonable reconnection Fee.
14. Data & Content
14.1. WHILE RC IT SERVICES RECOGNISES THE CUSTOMER’S RIGHT TO PRIVACY OF ITS DATA, THE CUSTOMER CONSENTS TO RC IT SERVICES MONITORING THE CUSTOMER’S TRAFFIC DATA USING RC IT SERVICES FOR ACCOUNTING PURPOSES AND TO ENSURE THAT RC IT SERVICES IS OPERATING PROPERLY.
14.2. The Customer must not upload to, store on or transmit any data or content via the RC IT Services System that is unlawful, harmful, or in breach of the Acceptable Use Policy.
14.3. THE CUSTOMER CONSENTS TO DIAMATRIX PROCESSING PERSONAL INFORMATION TRANSMITTED TO THE DIAMATRIX SYSTEM IN A WAY WHICH IS CONSISTENT WITH THE SERVICE BEING PROVIDED. WHERE THE CUSTOMER’S USE OF A SERVICE LEADS TO THE TRANSMISSION OF PERSONAL INFORMATION TO OR FROM THE REPUBLIC OF SOUTH AFRICA, THE CUSTOMER ACKNOWLEDGES THAT IT HAS A DUTY TO COMPLY WITH ANY RELEVANT STATUTORY PROVISIONS DEALING WITH DATA PRIVACY EITHER IN THE REPUBLIC OF SOUTH AFRICA OR IN ANY FOREIGN COUNTRY TO WHICH THE PERSONAL INFORMATION IS TRANSMITTED. THE CUSTOMER WARRANTS THAT IT HAS OBTAINED THE CONSENT OF ANY THIRD PARTY FOR THE USE OF THAT PARTY’S PERSONAL INFORMATION IN THIS WAY.
14.4. RC IT Services has no knowledge of or interest in data that the Customer may transmit via, store on or access from the RC IT services System. RC IT services also has no duty to monitor any content made available or published through the System, unless required under clause 15 (Statutory Compliance).
15. Statutory Compliance

15.1. RC IT Services is obliged to comply with certain statutory provisions including, but not limited to, those set out in the following Acts (and their associated regulations):
15.1.1. the Films and Publications Act 65 of 1996;
15.1.2. the Electronic Communications and Transactions Act 25 of 2002;
15.1.3. the Regulation of Interception of Communications and Provision of Communication-related Information Act (Act 70 of 2002), and
15.1.4. the Electronic Communications Act 36 of 2005 and
15.1.5. the Protection of Personal Information Act 4 of 2013.
15.2. RC IT Services compliance with these statutory provisions may require measures that would otherwise be infringements of the Customer’s privacy, such as interception of the Customer’s communications or the examination of Customer Data. No action will lie against RC IT Services for any damages that it may suffer as a result of these measures.

16. Loss of License
16.1. If RC IT Services cannot continue with provision of any Service because any license, permit, certificate consent, exemption or other necessary legal requirement is withdrawn, RC IT Services must make best endeavours to provide an alternative service to the Customer within 10 (ten) Business Days. It may do this either by utilising another of its own services, or by having a Supplier or third party provide the Service in its place.
16.2. If the Customer is not satisfied with the steps taken by RC IT Services in clause 16.1, RC IT Services must cease provision of the Service in question and reduce the Fee accordingly.
16.3. If RC IT Services cannot provide the other Services provided under this Agreement because they depend upon a Service that has been terminated in terms of clause 16.2, the Customer may terminate this Agreement.
16.4. RC IT Services must provide the Customer with timely notice of the circumstances described in clause 16, if reasonably possible.
17. Risk and Ownership in Equipment
17.1. Ownership. Ownership of all Equipment is retained by RC IT Services (or the supplier of the Equipment as the case may be) and nothing in this Agreement must be interpreted as creating any expectation with regard to the transfer of ownership to the Customer.
17.2. Purchase of Equipment. The Customer may purchase Equipment only by agreeing to do so in writing in a Service Order or by way of a separate agreement, in which case ownership in the Equipment will pass to the Customer only once payment has been made for it in full.
17.3. Delivery. Delivery of Equipment, if any, will take place when RC IT Services passes possession of the Equipment to the Customer, its Freight Forwarder, or a third party nominated by the Customer, or when RC IT services delivers it to any location indicated in writing by the Customer where the Equipment is not under the control of RC IT Services.
17.4. RISK. RISK IN THE EQUIPMENT (IF ANY) WILL PASS TO THE CUSTOMER ON DELIVERY, FROM WHICH MOMENT ALL RISK OF DAMAGE AND LOSS IN THE EQUIPMENT WILL FALL ON THE CUSTOMER, WHICH MUST TAKE RELEVANT STEPS TO ENSURE THE EQUIPMENT AND OTHERWISE MITIGATE ITS RISK OF LOSS THEREIN.
17.5. Delivery to 3rd Parties. If the Customer requires that the Equipment set out in a Purchase Order be delivered directly to a Customer or third party as the case may be, the Customer must procure the services of an appropriate Freight Forwarder for the purpose, and risk of loss or damage to the Equipment will pass to the Customer upon RC IT Services delivery of such Equipment to the nominated Freight Forwarder.
18. Use and Maintenance of Equipment
18.1. Only Applicable if Customer not the Owner. This clause 18 applies only where Customer is not the owner of the Equipment but risk has passed to the Customer as described in clause 17.4, for example where RC IT Services has leased the Equipment to the Customer, or the Customer is paying for the Equipment in instalments.
18.2. Customer’s Duties. The Customer must:
18.2.1. ensure that the Equipment remains in a safe environment that is conducive to its continued operation;
18.2.2. ensure that the Equipment is used with care and that reasonable precautions are taken to avoid accidents and to safeguard it from loss or damage and excessive wear and tear;
18.2.3. notify RC IT Services immediately of any loss of, or damage to, the Equipment or part thereof or any failure of the Equipment to function;
18.2.4. ensure that no part or component for the Equipment is used which has not been supplied by RC IT Services or its authorised subcontractors;
18.2.5. ensure that the Equipment is insured at a reasonable value against any damage or loss;
18.2.6. not rent, sell, mortgage or otherwise encumber the Equipment without the prior written consent of RC IT Services;
18.2.7. provide RC IT Services with all such information as it may reasonably require to protect its right of ownership in the Equipment;
18.2.8. ensure that the Equipment does not leave the Customer’s possession, and no person other than its Personnel is permitted to use the Equipment without RC IT Services prior written consent;
18.2.9. provide reasonable access to the Equipment by RC IT Services or its agents (upon request) for maintenance and/or repairs; and
18.2.10. reimburse RC IT Services for any repairs and/or maintenance needed to the Equipment at the Time and Materials Rate, provided that the Customer authorises the cost of such repairs and/or maintenance prior to implementation.
18.3. Third Party Premises. Where Equipment is installed or stored on or at a premises which is leased from a third party or otherwise not owned by the Customer then the Customer undertakes to:
18.3.1. obtain all such consents and permissions as may be necessary so as to allow the installation and maintenance of the Equipment; and
18.3.2. in the case of a dispute with the landlord or owner of the premises, inform the landlord or owner of the premises in writing of the fact that the Equipment is the property of RC IT Services and does not belong to the Customer. The Customer specifically indemnifies and holds harmless RC IT Services in respect of any breach of this clause.
18.4. Maintenance of Equipment. Under no circumstances is the Customer permitted to authorise or carry out technical maintenance on any Equipment without the prior written permission of RC IT Services. Any modification or re-configuration carried out or attempted by the Customer or any third party authorised to do so by the Customer without the express prior written approval of RC IT Services is strictly prohibited and RC IT Services specifically reserves its right to claim damages should this clause be breached.
19. LIMITATION OF LIABILITY
19.1. RC IT SERVICES WILL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS THAT RELATES TO OR ARISES FROM THE SERVICES OR THIS AGREEMENT, WHETHER EITHER PARTY SHOULD HAVE FORESEEN IT OR NOT. LOSS INCLUDES DAMAGES AND LEGAL OR OTHER COSTS. DIRECT DAMAGES ARE EXCLUDED, AS ARE INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, AND RC IT SERVICES WILL NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN RC IT SERVICES EMPLOYEE, BREACH OF CONTRACT, VICARIOUS OR STRICT LIABILITY.
19.2. IN PARTICULAR, RC IT SERVICES WILL NOT BE LIABLE FOR LOSS ARISING FROM ANY OF THE FOLLOWING:
19.2.1. TERMINATION OF THE AGREEMENT BEFORE COMMENCEMENT OF A SERVICE, DUE TO TECHNICAL INFEASIBILITY;
19.2.2. THE CUSTOMER’S FAILURE TO TAKE ADEQUATE SECURITY MEASURES;
19.2.3. ANY ACT OR OMISSION RELATING TO THE TRANSMISSION OF DATA TO AND FROMRC IT SERVICES, ITS STORAGE ON THE RC IT SERVICES SYSTEM OR ITS PUBLICATION USING THE RC IT SERVICES SYSTEM TO THIRD PARTIES, INCLUDING FALSE POSITIVES IN SPAM FILTERING;
19.2.4. ANY ACTION TAKEN BY RC IT SERVICES IN TERMS OF CLAUSE 12 (SECURITY) OR CLAUSE 13.1 (SUSPENSION OF SERVICE);
19.2.5. COMPLIANCE WITH ANY STATUTE DESCRIBED IN CLAUSE 15 (STATUTORY COMPLIANCE);
19.2.6. THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES THROUGH NO FAULT OF RC IT SERVICES
19.2.7. LOSS OF DATA (INCLUDING FAILURE IN BACKUP OR DISASTER RECOVERY), DAMAGED OR CORRUPTED DATA OR A DELAY OR FAILURE IN TRANSMISSIONS; AND/OR
19.2.8. CUSTOMER’S BREACH OF THIS AGREEMENT OR OTHER UNLAWFUL ACT

OR OMISSION.
19.3. IF RC IT SERVICES IS NONETHELESS FOUND TO BE LIABLE FOR LOSS SUFFERED BY THE CUSTOMER, THE TOTAL AMOUNT OF RC IT SERVICES LIABILITY RELATING TO OR ARISING FROM THE SERVICES OR THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY THE CUSTOMER FOR THE SERVICE FROM WHICH THE DAMAGE AROSE IN THE 3 (THREE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT CAUSED THE DAMAGE.
19.4. NOTHING CONTAINED IN THIS CLAUSE 19 WILL LIMIT THE CUSTOMER’S LIABILITY IN RESPECT OF CHARGES INCURRED FOR ONGOING SERVICES.
19.5. If the CPA is applicable to this Agreement, and any provision of this clause 19 is found by a court or tribunal with jurisdiction over RC IT Services to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 19 will have full force and effect.
19.6. In the case of ambiguity, this clause 19 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

20. INDEMNITY
20.1. THE CUSTOMER WILL INDEMNIFY, DEFEND, AND HOLD RC IT SERVICES HARMLESS FROM ALL CLAIMS BROUGHT AGAINST RC IT SERVICES BY THIRD PARTIES AS A RESULT OF:
20.1.1. THE CUSTOMER’S USE OF THE GOODS OR SERVICES OTHER THAN AS ALLOWED IN THIS AGREEMENT OR ACCEPTABLE USE POLICY;
20.1.2. BREACH OF PRIVACY RIGHTS, OR INFRINGEMENT OF ANY LAW (WHETHER SOUTH AFRICAN OR FOREIGN) GOVERNING DATA PROTECTION OR THE CROSS-BORDER DATA FLOWS BY THE CUSTOMER;
20.1.3. THE INFRINGEMENT OF ANY RIGHT IN INTELLECTUAL PROPERTY BY THE CUSTOMER, INCLUDING WITHOUT LIMITATION THOSE SET OUT IN CLAUSE 10; OR
20.1.4. ANY OTHER WRONGFUL ACT OR OMISSION BY THE CUSTOMER.
20.2. THE INDEMNIFIED CLAIMS WILL INCLUDE LEGAL COSTS ON THE SCALE AS BETWEEN ATTORNEY AND OWN CUSTOMER AND ANY ADDITIONAL LEGAL COSTS.
20.3. If the CPA is applicable to this Agreement, and any provision of this clause 20 is found by a court or tribunal with jurisdiction over RC IT Services to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 20 will have full force and effect.
21. Warranties
21.1. RC IT Services warrants that:
21.1.1. it has the facilities, infrastructure, capacity and capability to provide the Services;
21.1.2. it will employ a sufficient number of suitably trained staff to provide the Services;
21.1.3. it will provide the Services:
21.1.3.1. with promptness and diligence and in a workmanlike manner and in accordance with the practices and professional standards of well-managed companies performing services similar to the Services; and
21.1.3.2. in accordance with all applicable laws and regulations.
21.2. Equipment is guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Equipment are hereby specifically excluded by RC IT Services
21.3. Unless expressly set out in this clause and elsewhere in this Agreement or in any Service Level Availability and to the maximum extent permitted by law, RC IT Services does not make any representations nor does it give any warranties or guarantees of any nature whatsoever in respect of the RC IT Services Equipment or Services, which are provided on a “reasonable effort” basis, and all warranties which are implied or residual at common law are hereby expressly excluded.
21.4. For the avoidance of doubt, RC IT Services does not warrant any of the following:
21.4.1. connection quality (including throughput, availability, jitter, latency and packet loss);
21.4.2. the confidentiality, integrity and / or availability of any Customer Data;
21.4.3. the correctness of the identification of any email as spam; or
21.4.4. the success of any backup or disaster recovery service offered.
21.5. If the CPA applies to this Agreement, the provisions of this Agreement or of this clause 21 will not be interpreted in such a way as to exclude the Customer’s rights under sections 54 (Right to quality service), 55 (Right to safe, good quality goods), or 56 (Implied warranty of quality) of the CPA. These sections however apply only to the minimum possible extent. Unless the contrary is stated elsewhere in this Agreement, the Customer will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in those sections.
22. Assignment, Subcontracting and Reselling
22.1. Neither Party will be entitled to cede, assign, delegate or otherwise transfer the benefit or burden of all or any part of this Agreement without the prior written consent of the other Party, which consent will not be unreasonably withheld or delayed.
22.2. RC IT Services may sub-contract its obligations in terms of this Agreement to a third party, provided that:
22.2.1. such sub-contracting will not absolve RC IT Services from responsibility for the provision of the Service or complying with its obligations in terms of this Agreement; and
22.2.2. RC IT Services will at all times remain the sole point of contact for the Customer.
22.3. The Customer may not resell any Service, or otherwise provide any Service to a third party for consideration, unless otherwise specified in a Service Order.
23. Relationship between the Parties
23.1. The Parties agree that the relationship between them is one of commissioner and independent contractor, and nothing in this Agreement will be construed as giving rise to a relationship of employer and employee, whether between Customer and RC IT Services or between Customer and any officer, employee or agent of RC IT Services.
23.2. This Agreement does not give rise to a relationship of principal and agent. Neither Party will not be entitled to conclude any agreement on behalf of the other, nor to sign any document on behalf of the other, unless this is specifically authorised in writing by the other.
23.3. RC IT Services right to terminate this Agreement will be regulated by the law of contract alone and neither RC IT Services or its employees, officers or agents is “an employee” of the Customer as defined in the Labour Relations Act 66 of 1995, s1 of the Basic Conditions of Employment Act 75 of 1997 or any similar statute.
23.4. The relationship between the Parties will not be an exclusive one and both Parties will be free to enter into agreements similar to this one with third parties.
23.5. Both Parties to this Agreement (including the employees, officers and agents of the Parties) undertake to use their best endeavours and exercise good faith in implementing the provisions of this Agreement according to its intent and purpose and they further undertake to pass such resolutions and do all such acts and deeds as may be necessary, to this end.
23.6. In order to facilitate the effective provision of the Services, the Customer will:
23.6.1. allow RC IT Services reasonable access to its premises in order for RC IT Services to provide the Services, and the Customer will procure that its employees, officers and agents co-operate with and give RC IT Services any necessary assistance in the provision of the Services;
23.6.2. comply with any reasonable instructions given by RC IT Services relating to the provision of the Services, as well as RC IT Services relevant policies and procedures, which will be made available to the Customer on request;
23.6.3. enter into any agreement with a supplier necessary to allow RC IT Services to provide the Services; and
23.6.4. respond to any request for information, access or authorisation as soon as reasonably possible, having regard to the circumstances of the request,
and RC IT Services may suspend or withhold provision of the Services should the Customer fail to comply with the above.
24. No Solicitation
24.1. Both Parties undertake that they will not employ any employee of the other, or any person who was an employee of the other during the previous 12 (twelve) months. This restriction applies during the term of this Agreement and for a period of 6 (six) months after its termination for any reason. “Employ” includes persuading, encouraging or procuring the employee to be employed by or through the guilty

Party or any of its subsidiaries, and by doing so directly or indirectly. The restriction also applies to inducing an employee to terminate his or her employment.
24.2. The provisions of clause 24 do not prohibit either of the Parties from considering any application for employment submitted on an unsolicited basis or in response to a general advertisement of employment opportunities.

25. Application of the Consumer Protection Act
25.1. If the Customer is a juristic person, then the CPA applies to this Agreement only if both the Customer’s asset value and annual turnover (the “Business Values”) are less than R 2 000 000 (two million Rand) (the “Threshold Value”) on the date the applicable Service Order is executed. Both the Business Values and the Threshold Value may be amended in terms of the CPA.
25.2. RC IT Services duties under this Agreement may vary depending upon whether the CPA applies to this Agreement, and RC IT Services will act upon the information given by the Customer in this regard. Consequently:
25.2.1. the Customer warrants that any statement made to RC IT Services in respect of its Business Values is accurate.
25.2.2. If the Customer claims that all the Business Values are below the Threshold Value, or otherwise that the CPA applies to this Agreement, RC IT Services may at its instance require the Customer to provide it with financial statements as proof thereof.
25.2.3. If the Customer misstates the Business Values (whether negligently or otherwise) in such a way that RC IT Services believes that this Agreement is subject to the CPA when it is not, then RC IT Services may retroactively apply any provisions of this Agreement that were not applied as a result of this belief.
25.2.4. The Customer will be liable for any costs or damage sustained by RC IT Services resulting from such misstatement.
25.3. If the CPA is applicable to this Agreement, the provisions of the CPA will be applied and take precedence where they contradict any provision of this Agreement.
26. Breach and Termination
26.1. If the either Party:
26.1.1. fails to comply with any of its obligations or commits a breach of this Agreement and fails to remedy the default or breach within 5 (five) Business Days after having received a written notice to do so,
26.1.2. resolves to begin business rescue proceedings as contemplated in chapter 6 of the Companies’ Act 71 of 2008,
26.1.3. is placed in provisional or final liquidation or sequestration, or judicial management,
26.1.4. enters into any compromise arrangements with its creditors,
26.1.5. fails to satisfy a judgment taken against it within ten (10) Business Days, or
26.1.6. falls under the controlling interest or ownership of a competitor of the other Party (for the purpose of this clause, the Party which makes this allegation will carry the burden to prove it),
the other Party will be entitled either:
26.1.7. to hold the Party in breach to the Agreement; or
26.1.8. to cancel the Agreement.
26.2. The provisions of this clause will not affect the rights of either Party to claim damages in respect of a breach of any of the provisions of this Agreement.
27. Notices
27.1. The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):
27.1.1. in the case of RC IT Services as set out in clause 1.1 of this document, and
27.1.2. in the case of the Customer the addresses set out in the most recent Service Order agreed between the Parties.
27.2. Either Party may vary its given postal address or other contact details by notifying the other Party in writing. Postal addresses must be located within the Republic of South Africa.
27.3. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
27.3.1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
27.3.2. if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
27.3.3. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
27.3.4. is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
27.4. Despite the above:
27.4.1. any notice that RC IT Services sends by email to an email account hosted on the RC IT Services System by the Customer will be deemed to have been received by the Customer on the date of transmission; and
27.4.2. if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
28. Disputes
28.1. In the event of any dispute arising between the Parties regarding this Agreement or any Service, the Parties will act in good faith to attempt to settle the dispute through discussions between the relevant representatives of the Parties within 30 (thirty) days of a Party giving the other Party notice of the issue in dispute. The Parties will follow any dispute or complaints resolution process that RC IT Services may have in place.
28.2. Any dispute which cannot be resolved by the Parties within the 30 (thirty) days period, as provided in this clause 28, will be resolved by arbitration in the English language by a single arbitrator appointed by the Arbitration Foundation of South Africa and in accordance with the Rules of the Arbitration Foundation of South Africa.
28.3. Notwithstanding the provisions of this clause 28, either Party will have the right to seek relief by way of interim relief from any court of competent jurisdiction.
28.4. Pending final settlement or determination of a dispute, the Parties will continue to perform their subsisting obligations hereunder.
28.5. Notwithstanding the above, the Customer consents to the jurisdiction of the Magistrate’s Court in respect of any action initiated for the recovery of overdue payments, notwithstanding that the amount summonsed for exceeds such jurisdiction, the decision on which Court to proceed being in the sole discretion of RC IT Services
28.6. Nothing in this clause 28 must be interpreted so as to restrict the Customer’s right to approach the tribunal of its choice in terms of the CPA, if it is applicable.
28.7. This clause is separate from the rest of the Agreement and will remain effective between the parties if this Agreement is terminated.
29. Force Majeure
29.1. Neither Party will be liable for any delay or failure in performing any obligation under this Agreement due to any cause beyond its reasonable control, including without limitation: industrial action, sabotage, terrorism, civil commotion, riot, war, fire, explosion, storm, flood, or other natural physical disaster, any act or policy of any state or government or other authority having jurisdiction over either Party, sanctions, boycott or embargo, termination or suspension of upstream service.
29.2. If a delay or failure referred to in clause 29.1 occurs, this Agreement will be suspended for as long as the cause of the delay or failure lasts. If the suspension is longer than three months, either Party may terminate this Agreement by written notice to the other.
30. Interpretation
30.1. This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa.
30.2. In this Agreement, unless the context requires otherwise: – words importing any one gender will include the other gender; the singular will include the plural and vice versa; a reference to natural persons will include created entities (corporate or unincorporate) and vice versa.
30.3. Words and expressions defined in any clause will, for the purposes of that clause, bear the meanings assigned to such words and expressions in such clause.
30.4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in a definitions clause, effect will be given to it as if it were a substantive provision in the body of the agreement.
30.5. Clause headings have been inserted for convenience only and will not be used for nor assist or affect its interpretation; where a clause number is cited, it will be deemed to include reference to all subclauses of that numbered clause.
30.6. The rule of construction that an agreement will be interpreted against the Party responsible for its drafting or preparation will not apply.
31. General
31.1. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to and signed by both parties will be of any effect.
31.2. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
31.3. The signatories / parties hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
31.4. In the event that any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of this Agreement.
31.5. By using the Products and Services, you are consenting to receive communications from the Provider. The Provider may send the Customer newsletters concerning new features, specials, promotions and other related services that the Provider may offer.
32. Domain Registration, Renewal, Redemption, Deletion & Domain Parking
32.1. The Registered Name Holder agrees to enter into a Registrar Registrant Agreement with the Provider when registering or transferring a domain with/to the Provider.
32.2. Ownership of the domain is the Customer’s, only after full payment has been received.
32.3. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Payment will NOT be credited back.
32.4. Domain Parking does NOT include Web Space, Virtual Hosting, or e-Mail facilities.
32.5. The Provider shall be indemnified and held harmless by the Customer if the Customer uses any Domain Name that infringes on any rights of any person, or company.
32.6. The Provider does not guarantee that a Domain Name requested by a customer will be available. Provider’s systems may reflect that the Domain Name requested is available; however, this domain may have been already taken, as the Provider’s system is reliant on server updates from both local and international WHOIS servers.
32.7. As the Provider is a reseller of various domains, the Customer agrees to abide by the terms and conditions of the various domain registries / registrars worldwide, when registering a domain with the Provider.
32.8. As Domain registries / registrars charge a Registration Fee, Renewal Fee and Redemption Fee (This is the period after suspension by the Registry), the Customer agrees to pay the Provider the fees that relate to the registration, renewal, redemption, maintenance, or administration, of the Domain Name. These fees are not refundable.
32.9. The Registrant Name Holder has up to 10 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
32.10. Once the Domain has entered the Redemption Grace Period, The Domain will be suspended at the Registry and have a status of RGP (Redemption Grace Period). The registrant’s name holder has 20 days restore their domain at a fee of R 750 ZAR.
32.11. Once the Redemption Grace Period has passed, the domain will be deleted from the Registry and is available to anyone to register as a brand-new name.
32.12. Should the Registered Name Holder activate auto-renewal on their domain name, the Registered Name Holder will be invoiced 30 days prior to the expiry of the domain. Once the Invoice has been paid, the domain will automatically be renewed for an additional year at the Registry.
32.13. Should the Customer misspell a Domain Name and the misspelt domain is registered, the Customer will be held liable for payment of the misspelt domain. No domain registration fee will be credited, and the Customer will then have to register the correctly spelled domain name at the cost of a new domain registration.
32.14. The Provider, through RC IT Services, is an official accredited Registrar of UniForum SA and as such all .co.za domains names are registered via the new accredited EPP system. Any domain registrations registered with the Provider, on the EPP system, cannot be transferred back to the legacy system, or be transferred to any other company that uses the legacy system; domains can only be transferred between Registrars.
32.15. Should a Customer request the Provider register a new .co.za domain on their behalf, and do not want to use the EPP system, the Customer must notify the Provider of this prior to registration.
32.16. Should a Domain Name be registered on the EPP system and a customer request to move their hosting, the Provider can point all DNSs (name servers) elsewhere, allowing the Customer, in effect, to host their domain elsewhere. Should the name servers point to another ISP that is not accredited, or whom does not have EPP, the domain can/will be released at a later date, by written instruction from the client to the ISP/hosting provider, once they are EPP enabled.
32.17. Front-end consumer clients will receive email-based domain renewal notifications 90, 60, 30, 14, 7 and 1 day prior expiry
32.18. Resellers or clients of resellers will receive email based domain renewal notifications 60, 30, 14 and 7 days prior expiry
32.19. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the client have paid for domain which will marked / reflected as premium a full refund of the regular price will be given. 

32.20. Domain Availability: While the provider makes every effort to display accurate domain availability data and every attempt to secure or renew a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another client. The provider shall not be held responsible in the event of a client registering / paying for a domain while the WHOIS reflects different information. The provider shall remit a full refund to the client in cases where this happens. The Provider does not guarantee the renewal or restoration of a domain name which has expired and entered the redemption period. Should the domain fail restoration, the Provide shall not be held responsible.
32.21. Time lapse between domain availability search and payment: As there is a time delays between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant. The Provider does not guarantee the successfully renewal or restoration of a domain name once it has expired and entered the redemption period. Should this event occur, the Provider shall not be held responsible.

33. Reservation and Non Waiver of Rights
    33.1. RC IT Services reserves the right to amend or alter this policy at any time, and without notice to the Customer.
    33.2. RC IT Services reserves the right to take action against any individuals, companies or organizations that violate the terms and conditions, or engage in any illegal or unlawful activity while accessing RC IT Services services, to the fullest extent of the law.
    33.3. RC IT Services reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over RC IT Services network.
    33.4. RC IT Services does not waive its right to enforcement of these terms and conditions at any time, or prejudice its right to take subsequent action, should RC IT Services fail, neglect or elect not to enforce a breach of the terms and conditions at any time.
    33.5. RC IT Services reserves the right, at its sole discretion to cancel a customer’s services or account with immediate effect.
    
    

In visiting this website, the Customer and / or End User is / are required to provide information (a) to register a domain name, (b) to update information about a domain name previously registered, or (c) to submit questions about the Provider’s products and / or services.

To register a domain name, the Customer and / or End User are required to provide the following:

• the name they are registering,
• their name and address (or those of the person for whom the Customer and / or End User are registering the domain name),
• technical information with which the domain name will be associated,
• the name, address, e-mail address, telephone number, and where available, a fax number for the technical, administrative, billing, and zone contact information for the domain name.

Once the domain name has been registered, the Customer and / or End User maybe be asked to correct and / or update said information periodically, in order to ensure the WHOIS information is correct. Any administration, billing, and technical contact information that is added to a domain name may be available on the WHOIS server for public viewing.

In terms of the Provider’s ICANN accreditation, the Provider will provide information the Customer and / or End User submitted in registering a domain name, or updating related information, to the Provider’s own employees and consultants, to the administrator of the registries, to operators and users of the Internet, whom may request Whois information related to the Customer and / or End User’s domain-name registration. This information may be provided to the Internet Corporation for Assigned Names and Numbers (ICANN), which provides technical coordination for the Internet, and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate.

Information the Customer and / or End User provides, in asking questions related to the Provider’s service, may be given to the Provider’s employees and consultants and, upon its request, to ICANN.

Coming Soon!!