Terms and Conditions of Use
The terms and conditions of this Agreement govern your use of Sage One Accounting
and the Website are binding and enforceable against all persons that access
Sage One Accounting and the Website or any part thereof in terms of section
11(3) of the ECT Act.
If you do not agree to the terms and conditions of this Agreement, you must stop
using Sage One Accounting and the Website now, as further use will automatically
bind you to this Agreement. If at any time you do not accept this Agreement in full,
you are not permitted to use Sage One Accounting or the Website or any part
If you access Sage One Accounting and / or the Website via a third party Business
Partner, then you will be bound to terms of such third party Business Partner and
to this Agreement. On termination of any contract with such third party Business
Partner, should you continue to use Sage One Accounting and / or the Website,
then you will be bound to the whole of this Agreement, which is then applicable.
We may at any time amend this Agreement without notice. You are responsible for
reviewing this Agreement on each occasion that you revisit Sage One Accounting
and the Website and, if you continue to use Sage One Accounting and the Website after
changes are made, you are deemed to have accepted the amended Agreement.
This Agreement is concluded by:
Sage Pastel, a division of Sage South Africa (Pty) Ltd (Registration Number 2003/015693/07, VAT number 4350212660)
whose registered office is at Sage Technology Park, 102 Western Services Road, Gallo Manor Ext. 6, Johannesburg, 2191,
South Africa ("Sage Pastel", "we" or "us") and you, the person, business entity or sole trader, using Sage One Accounting
or the Website and shall to the extent relevant, include any of your employees or Subscriber Business Partners using the Website or
Sage One Accounting ("you").
Authority to Act
If you are registering to access and use Sage One Accounting for the first time in the capacity of an employee or contractor
of a separate corporate entity, partnership or similar business entity, you must have the authority of that business entity to:
- Use Sage One Accounting and the Website for that entity's business; and
- Accept this Agreement on behalf of that entity.
If you are an accountant or Business Partner authorised by Sage Pastel to order subscriptions on behalf of your clients and customers, you agree to inform them of this Agreement.
Accordingly, you confirm and warrant to Sage Pastel that:
- You are authorised to accept this Agreement on behalf of the business entity which
- This Agreement governs the use by you and / or your business of Sage One Accounting and the Website;
- You, and the business entity which you represent together with its employees, will
comply with all its terms.
You and Sage Pastel agree as follows:
The following capitalised words shall have the following meanings:
"Agreement" means these terms and conditions of use, as published
and amended from time to time on the Website;
"Affiliate" means, in relation to a legal entity, any person which Controls
that entity, is under that entity's Control or is Controlled by the same person who Controls
that entity, where "Control" means possessing, directly or indirectly, the ability to direct
or cause the direction of the management, policies or operations of an entity, whether through
ownership of voting securities, by contract or otherwise, and "Controlled" shall have a corresponding meaning;
"Access Fee" means the fees payable by you in accordance with the
fee schedule set out on the Website or Sage One Accounting as the case may
be (which Sage Pastel may change from time to time);
"Business Partner" means a business, independent of Sage Pastel, which
is an authorised provider of Sage One Accounting;
"Company Data" means any financial data inputted by Business Partner or Subscriber Business Partners into Sage One Accounting;
"Confidential Information" includes all information exchanged between the parties to
this Agreement, whether in writing, electronically or orally, including on Sage One Accounting
and the Website but does not include information which is, or becomes, publicly available other than
through unauthorised disclosure by the other party or is received from a third party who lawfully
acquired it and who is under no obligation restricting its disclosure or is in the possession of
the receiving party without restriction in relation to disclosure before the date of receipt from
the disclosing party or is independently developed or received without access to the Subscriber Business Partner;
"Contractors" means any third parties appointed by Sage Pastel to perform our
obligations on our behalf in respect of this Agreement;
"ECT Act" means the Electronic Communications and Transactions Act, 25 of
2002 (as amended from time to time), a copy of which is accessible on http://www.polity.org.za;
"Subscriber Business Partner" means any individual permitted by you to use
Sage One Accounting or the Website;
"Intellectual Property" means any content, domain names, patent,
trademark, service mark, copyright, moral right, right in a design, know-how, software,
database, text, graphics, icons and hyperlinks and any other intellectual or industrial
property, anywhere in the world whether or not registered;
"Page" means a website page of Sage One Accounting or the
Website, unless specified otherwise;
"Sage One Accounting" means our accounting and business software
accessed through the Website;
"RIC Act" means the Regulation of Interception of Communications
and Provision of Communication-Related Information Act, 70 of 2002 (as amended from
time to time), a copy of which is accessible on http://www.polity.org.za;
"User Details" means the contact, personal and similar information of the Subscriber Business Partner; and
"Website" means the website pages relating to Sage One Accounting
accessible at http://accounting.sageone.co.za
(and such other URLs as may be publicised from time to time), permitting the remote
access and use of Sage One Accounting.
In this Agreement, references to a "person" includes an individual, sole trader,
partnership, body corporate, an unincorporated association of persons and any other
legal entity; technical expressions shall have the relevant meaning commonly attributed
to them in the computer software business sector in South Africa; the use of the word
"including" and similar expressions will be construed as illustrative and not exhaustive;
notwithstanding the fact that hyperlinks in this Agreement to copyright notices and legislation
should be deemed part of this Agreement in terms of section 11 of the ECT Act, the fact that
some or all of the hyperlinks may be non-operational from time to time shall not play a role
in determination of the validity and interpretation of this Agreement.
2. Subscription and use of Sage One Accounting
||Sage One Accounting and the Website are only intended for business use. You
warrant that you will only use Sage One Accounting and the Website for business
||We may require you to register before we supply any services via this Website. When
you register, you agree to provide, true, accurate, up-to-date and complete User
Details as required by the relevant registration made available to you via this
||You can purchase a subscription to access and use Sage One Accounting by following
the relevant process on the Website. Should you subscribe to use Sage One Accounting
(whether prior to or after the expiry of any free trial period) you shall
be bound for the full duration of the subscription period selected.
||Subscription fees and rates
||In consideration for the license to use Sage One Accounting granted hereunder, you will pay us the annual or monthly Access Fees (depending on your payment option) which shall, for the sake of clarity, be payable in respect of each month/year from the date of subscription and you shall be liable in respect thereof regardless of the extent to which you have used Sage One Accounting.
||We have the right to revoke your license to use Sage One Accounting or withhold the renewal code for the license to Sage One Accounting should you fail to pay the agreed Access Fees within the time periods stipulated herein, in which event you will be unable to use Sage One Accounting.
||In the event that you fail to pay any Access Fees and as a consequence thereof your license to use Sage One Accounting is revoked in accordance with clause 1.2 above, and at a later stage you elect to reinstate your Sage One Accounting subscription, you shall be liable for the following:
||payment of the Access Fees for the period between the date on which you stopped paying the applicable Access Fees until the date on which your subscription was reinstated; and
||the monthly/annual Access Fee for the ensuing periods from the date of reinstatement.
||We will not keep a separate record of the contract relating to your specific subscription
for Sage One Accounting, so it will not be available from us. We therefore strongly
recommend you print a copy of this Agreement, both before and after you submit your payment details.
Sage Pastel will supply you with a tax invoice, either directly or through appointed Business Partner,
transmitted via email. The transmitted electronic document will constitute the original tax invoice. No
other tax invoice, credit or debit note will be issued in respect of the specific supply, unless as a copy
of the original document.
||Sage Pastel grants you a non-exclusive and non-assignable licence to access and use Sage One Accounting
strictly via the Website with the user roles according to your subscription type and in accordance with this Agreement.
||For so long as you pay the Access Fee and any other applicable charges, you may
permit the agreed number of Subscriber Business Partners to access and use the
relevant subscription for Sage One Accounting. You agree to ensure that
those Subscriber Business Partners comply with this Agreement. Those Subscriber Business Partners
must only use the relevant subscription for Sage One Accounting as follows for their own
(or their employer's) accounting and finance and related purposes:
||as permitted by and subject to the terms and conditions of this Agreement;
||in the course of their (or their employer's) own business; and
||with their own (or their employer's) Company Data only.
||From time to time, you may change the identity of the individuals who
are Subscriber Business Partners. We reserve the right to limit the number of times,
or the frequency with which you can do this. We may consult with you before exercising this right.
||If a Subscriber Business Partner is not the employee of a subscriber to Sage One Accounting,
the subscriber must ensure that such Subscriber Business Partner:
||complies with this Agreement; and
||uses the relevant Company Data in Sage One Accounting in accordance with that
||Notwithstanding anything to the contrary in this Agreement, where the Business Partner
is utilising Sage One Accounting to provide accounting, consulting or other similar services on
behalf of a business entity, then in such circumstances, where the Company Data relates to that
of a business entity other than that of the Business Partner, Sage Pastel reserves the right, in
its sole and absolute discretion, to transfer such Company Data to an alternate subscription, and
the Business Partner shall have no recourse against Sage Pastel in this regard.
||You agree to:
||ensure that your User Details and other information given in relation to your use
of Sage One Accounting and the Website are, and are maintained to be, true
||use Sage One Accounting and the Website for your own lawful internal business
purposes, in accordance with this Agreement and any notice sent by Sage Pastel or condition
posted on the Website;
||comply with your contractual obligations to the Business Partner through which you
have been granted access to the Website and / or Sage One Accounting, if applicable;
||ensure that all account credentials required to access the Sage One Accounting
and the Website are kept secure and confidential and to immediately notify Sage Pastel
of any unauthorised use of your account credentials or any other breach of security.
In such instances it shall be your obligation to immediately reset your password
and to maintain security. In any event, it is deemed good practice to regularly
reset your password to maintain data security;
||notify us, if, at any time you become aware of any unauthorised use
of the account credentials of your Subscriber Business Partners, or any other
security-related matter with Sage One Accounting and the Website,
and to co-operate with us to the extent reasonably necessary to rectify the security breach;
||ensure that the Subscriber Business Partners who access Sage One Accounting on your account comply with the terms of this Agreement;
||only store the maximum amount of data, if any, as may be prescribed from time to
time on Sage One Accounting or on the Website. If at any time you exceed the
amount of any specified limit, for so long as you do so, Sage Pastel may charge you at
its then-standard rates for additional storage.
||Except as expressly permitted by another clause of this Agreement or by
separate written arrangement with us, you agree not to and agree to ensure that no Subscriber Business Partners:
||permit any other person, directly or indirectly, to access, use or otherwise exploit
the right and ability to use Sage One Accounting in any way, including by
permitting Sage One Accounting to be either
||re-sold, distributed, sublicensed, loaned, transferred or provided to others in
a similar way; or
||used as a hosted, bureau, outsourcing, or similar service;
||use or copy (irrespective of the extent of copying) the whole or any part of the
graphic user interface of Sage One Accounting or the Website for incorporation
into or the development of any software or other product or technology.
||When accessing and using Sage One Accounting or the Website, you must:
||not attempt to undermine the security or integrity of Sage Pastel's computing systems
or networks or, where Sage One Accounting or the Website is hosted by a third
party, that third party's computing systems and networks;
||not use, or misuse Sage One Accounting or the Website in any way which may
impair the functionality of Sage One Accounting or Website, or impair the
ability of any other user to use Sage One Accounting or Website;
||not attempt to gain unauthorised access to any materials other than those to which
you have been given express permission to access or to the computer system on which
Sage One Accounting or Website is hosted;
||not transmit, or input into Sage One Accounting, any files that may damage
any other person's computing devices or software, content that may be offensive,
or material or User Details or Company Data in violation of any law (including data
or other material protected by copyright or trade secrets which you do not have
the right to use);
||not modify, translate, or create derivative works based on Sage One Accounting
or the Website, nor reproduce, reverse assemble, decompile or reverse engineer Sage One Accounting
or the Website, whether in whole or in part, or otherwise attempt
to derive the source code, underlying ideas, algorithms, file formats, programming
of Sage One Accounting or the Website or any files contained in or generated
by Sage One Accounting or the Website, nor shall you permit any third party
to do so; and
||not merge or combine the whole or any part of Sage One Accounting or the Website
with any other software or documentation without the prior written consent of Sage Pastel.
||Sage Pastel's obligations shall be to provide you with access to Sage One Accounting
(which access may not necessarily be uninterrupted), including technical support
by email as described on the Website.
4. Payment of Charges
||Payment shall be made in accordance with the payment section on the Website.
||If you pay your Access Fee or any other subscription charges to an entity separate
from Sage Pastel (e.g. if you obtained access via an accountant or Business Partner),
you agree to nonetheless remain to be bound by the terms of this Agreement.
5. Confidentiality, Privacy of Company Data and User Information and Interception
||We undertake to take all reasonable steps to protect the personal information of
Business Partners and to comply with all applicable legislation.
||In respect of access to Company Data and User Details:
||The Company Data entered, or imported on instruction, by you, remains your property
and we will not use nor make available for use any of this information without your
||We do not have access to your password and are therefore unable to access your account
or Company Data, except where we have received your consent in this regard.
||We will never access the details of any Company Data entered and stored by you.
We will never access system usage history for a specific identifiable user, except
where granted permission by that person to assist with resolution of a system issue
||We electronically collect, store and use, and you supply to us, Company Data and
User Details as we request from you via the Website and Sage One Accounting,
and such other information as we may from time to time reasonably request. You warrant
that this information is true and accurate.
||You agree to our use, storage and disclosure of information, Company Data and User
Details for the following purposes:
||We will use your User Details, for exercising our rights and for performing our
legal obligations under this Agreement. We may use it to contact you, via your relevant or
nominated personnel or our Business Partners, about our other relevant products and services,
to conduct research about our customers and to track and record the manner in which you and your
Subscriber Business Partners use Sage One Accounting and the Website. Contact may be
made via our third party Contractors, Business Partners or Affiliates. You acknowledge that there
is certain information that we must use in order to be able to provide Sage One Accounting,
including names and email addresses of your Subscriber Business Partners. If for any reason we are
not permitted to use such information, we may not be able to perform our obligations in this Agreement.
You acknowledge that in such circumstances you will still be obliged to pay our charges, in accordance with clause 4.
||We will only use your Company Data stored via Sage One Accounting or the Website to the extent
necessary for us to provide Sage One Accounting for performing our rights and obligations in this Agreement
and for performing our legal obligations and in accordance with this clause 5. We acknowledge that your Company Data
is your proprietary and confidential data and that under no circumstances may we exploit that data for our own
purposes not specifically relating to providing you Sage One Accounting, save where you have consented to the contrary.
||The information, which you submit and store via Sage One Accounting, may be stored on Sage Pastel's
computer servers which servers may be controlled, hosted and managed by our Affiliate or third party Contractors who shall
be bound to these confidentiality and privacy provisions.
||We will disclose your User Details and other relevant information (including User Details of your
Subscriber Business Partners, if necessary) to our Affiliates and third party Contractors who assist us
(and our Affiliates) to provide Sage One Accounting and the Website, who shall be bound to these
confidentiality and privacy provisions.
||You agree to bring this Agreement to the attention of your Subscriber Business Partners,
to help ensure that they understand and consent to our use of their information, including User Details.
This is so that we may provide Sage One Accounting to them on your behalf.
||We may access and use non-identifying and aggregated usage information and transaction
volumes in order to better understand how our customers are using Sage One Accounting
so we can improve the system design and where appropriate have the system
prompt users with suggestions on ways to improve their own use of the system.
you to enter your password less frequently during a session, to help analyse our
web page flow, measure promotional effectiveness, and promote trust and safety,
to offer certain features that are only available through the use of a cookie and
to allow us to provide information that is targeted to your interests. You hereby
||All other information not dealt with in this clause shall constitute Confidential
Information and shall not be disclosed to any other party without the prior written
consent of the owner of such information first being obtained.
||Sage Pastel owns and retains all rights to non-personal statistical information collected
and compiled by Sage Pastel.
||Subject to the provisions of the RIC Act you agree to Sage Pastel's right to intercept,
block, filter, read, delete, disclose and use all communications which you send or post to the
Website and Sage Pastel and its employees. You acknowledge that this consent and your use of
the Website satisfy the "writing" requirement as required in the RIC Act.
6. Intellectual Property Rights
||All right, title, ownership, benefit and interest in and to, and all Intellectual Property
in Sage One Accounting and the Website, the design and content of Sage One Accounting
and the Website and any documentation relating thereto remain the property of Sage Pastel. All rights to
Intellectual Property in respect of Sage One Accounting and the Website are reserved. The
exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction
of the Intellectual Property by any means and in any form, in whole or in part, and to make the
Intellectual Property available to the public, and to distribute any copyright protected material
in Sage One Accounting and the Website shall remain with Sage Pastel.
||You may not use the Intellectual Property and any third-party trademarks that appear
on Sage One Accounting or the Website, other than as permitted by express
written licence from Sage Pastel or by law. In particular, you may not use the marks
as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate
use of the marks shall accrue to Sage Pastel. You are required to notify us immediately
if you become aware of any infringement of the Intellectual Property and rights
||Sage One Accounting and the Website may incorporate technical and other protective
measures designed to prevent unauthorised and / or illegal use of Sage One Accounting.
You agree to the incorporation of any such measures in Sage One Accounting.
||If, in our reasonable opinion, Sage One Accounting or the Website are likely
to become or do become the subject of a claim of infringement of a third party's
intellectual property rights, we may elect to either:
||obtain the right for you to continue using Sage One Accounting or the Website
as permitted under this Agreement; or
||modify or replace the infringing part of Sage One Accounting or the Website
so as to avoid the infringement or alleged infringement, without materially reducing
the functionality or performance of Sage One Accounting or the Website
||In the circumstances per clause 6.4 above you must:
||promptly notify us of any claim or threatened claim concerning the use of Sage One Accounting or the Website;
||not independently defend or respond to such claim or threatened claim; and
||co-operate with us in the defence of any such claim or threatened claim, subject
to our payment of your third party costs incurred in providing such cooperation.
||Clauses 6.4 and 6.5 state your exclusive remedy in connection with any claim or
threatened claim in relation to the Intellectual Property rights of a third party.
||"Sage", "Sage Pastel", "Sage One Accounting" and "Sage PLC" are registered trademarks
and you agree not to use any such trademarks as an element of a domain name or sub-domain
name, notwithstanding the fact that such domain name use and registration may be
permitted in terms of any law. Upon request, you shall immediately cease to use
such domain name and transfer it to Sage Pastel at your cost.
7. Disclaimers and Liabilities
||We will use reasonable endeavours to ensure that Sage One Accounting will
give the functionality and levels of service as described on the Website, when used
in accordance with it and this Agreement. If you believe our provision of the Sage One Accounting
or the Website does not conform to this undertaking, you should
notify us by email at email@example.com.
||We do not warrant:
||that Sage One Accounting or the Website will be continuously available, or
that your use thereof will be uninterrupted or error or bug free, or that the Website,
Sage One Accounting and server will be free from attack;
||that all the information we provide on Sage One Accounting and the Website
is correct and complete, but we nevertheless undertake to use our reasonable endeavours
to ensure that all the information we provide on Sage One Accounting and the
Website is correct and complete at the time of the last update to the relevant page;
||that Sage One Accounting or the Website will meet your requirements and, for
this purpose, it is specifically recorded that Sage One Accounting is provided
"as is" and it is your responsibility to satisfy yourself that it meets your requirements
and is compatible with your hardware and software prior to making use thereof;
||that Sage One Accounting or the Website results of use will be correct, accurate
||that any defects in the Sage One Accounting or the Website can or will be
||Subject to the provisions of any applicable legislation and save as otherwise provided
in this Agreement, Sage Pastel (including its directors, employees, affiliates, third-party Contractors,
business partners, Internet service providers and agents) shall not be liable for any damage, loss or
liability of any nature incurred by whomever and you agree to indemnify us and keep us indemnified
against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability),
injuries, direct, indirect or consequential loss (all three of which terms include, but are not limited to,
pure economic loss, loss of income, loss of profits, loss of data, anticipated savings, loss of business,
loss or depletion of goodwill, interruption of business and loss similar to all the preceding types of loss),
damages, claims, demands, proceedings and judgments which we incur or suffer in any way arising from the following:
||access to the Sage One Accounting or the Website;
||access to websites linked (including hyperlinked) to the Website;
||inability to access the Website;
||inability to access websites linked to the Website;
||services or software available from the Website (including Sage One Accounting);
||content available on the Website;
||downloads and use of content on the Website;
||any failure to perform our obligations in this Agreement due to causes beyond our
reasonable control including any interruption to or failure of any website, your
computer, associated supporting system not provided by us and used by you, telecommunications
services, third-party and / or electricity supply service not provided by us, including
||your breach of any of the terms of this Agreement;
||use of Sage One Accounting or the Website other than in accordance with this
||any other reason not directly related to Sage Pastel's gross negligence.
||To the maximum extent permitted by law all undertakings and warranties given by
us under this Agreement are exclusive and all other terms, warranties, representations,
undertakings and conditions, express or implied, statutory or otherwise are excluded.
||To the extent we are liable, our total liability (and that of any Affiliate,
Business Partner or third-party Contractor) shall not exceed the amount of charges actually
paid by you to use Sage One Accounting or the Website in the year prior to the
date the circumstances causing such liability first arose. The limitation of liability in
this clause 7 has been calculated to be proportionate to the charges paid by you to use
Sage One Accounting and takes into account the fact that it is not within our
control how and for what purposes you use Sage One Accounting.
||We may terminate this Agreement at any time by written notice, effective immediately,
||materially breach any term of this Agreement and either that breach is incapable
of remedy or you have not remedied that breach within 7 (seven) days after receiving
written notice requiring you to remedy it;
||fail to pay when due any charges payable to us or stop paying for use of Sage One Accounting; or
||are liquidated provisionally or finally, placed under judicial management, commit
an act of insolvency or enter into, or attempt to enter into compromise with your
||Subject to clause 8.3, upon termination of this Agreement however caused, we will
stop your ability to access Sage One Accounting, so that you will no longer
be able to access and use Sage One Accounting. You acknowledge that you may
no longer be able to access your Company Data via Sage One Accounting from
||If this Agreement is terminated and you notify us at the time of notice of termination
that you require further access to your Company Data, we may provide you with access
to Sage One Accounting for a period of 5 (five) calendar days in order that
you may print out your Company Data, subject to the following:
||it is possible that we may have deleted your Company Data, and not be able to provide
it to you; and
||we may charge you for providing you with access to your Company Data; and
||if your account remains in arrears for 90 (ninety) days, we may delete your Company
||If we terminate this Agreement in accordance with clause 8.1 we may irretrievably
delete your Company Data from the effective date of termination.
||Any termination of this Agreement will not affect any accrued rights or liabilities
of either party, nor shall it affect the coming into force, or the continuance in
force, of any provision of this Agreement which is expressly or by implication intended
to come into force or continue in force on or after termination.
9. Notices and Address
||Your communication with us must be by email to our email address contained on the
||Our communication with you shall be via those details provided on registration.
||All legal notices given under this Agreement shall be in writing to the physical
address of such party delivered by hand. Legal notices under this Agreement addressed
specifically to either of us will be effective on actual receipt by the intended
||As a condition of this Agreement, if you use any communication tools available through
Sage One Accounting or the Website, you agree only to use such communication tools
for lawful and legitimate purposes in accordance with the acceptable use provisions
of this Agreement.
10. Acceptable use of Sage One Accounting and the website
||It is impossible to provide an exhaustive list of exactly what constitutes acceptable
and unacceptable use of Sage One Accounting and the Website. In general, we
will not tolerate any use of Sage One Accounting and the Website which damages
or is likely to damage our reputation, the availability or integrity of Sage One Accounting
and the Website or which causes us or threatens to cause us to incur
any legal, tax or regulatory liability.
||We therefore require you to treat the Website and Sage One Accounting with
respect, and not to use same for any illegal purpose, or in such a way as to infringe
or breach other's rights or to cause or threaten to cause us damage. We require
you to comply with any relevant notices, policies and terms imposed by third parties
whose website, products or services you access through the Website.
||You must not use the Website or any communication tool for posting or disseminating
any material unrelated to the use of Sage One Accounting or the Website including:
offers of goods or services for sale, files that may damage any other person's computing
devices or software, content that may be offensive to any of our other users, or
material in violation of any law (including material that is protected by copyright
or trade secrets which you do not have the right to use).
||When you make any communication on the Website, you represent that you own the content
of the communication.
||We reserve the right to remove any communication posted on the Website, suspend
the use of Sage One Accounting and the Website and generally or block your
access to any part thereof and / or to suspend or terminate your rights to use same
or any part of it if we suspect misuse at any time in our sole discretion. We shall
then report any misuse of Sage One Accounting and the Website to the relevant
enforcement or other authorities and to our advisers. We further reserve the right
to disclose any evidence we have which relates directly or indirectly to misuse.
||Links to the Website are permitted, subject to first obtaining our prior written
consent although we reserve the right to withdraw such consent at any time.
||You are not entitled (nor shall you assist others) to set up links from your own
website to the Website by deep-linking, framing or otherwise, without our prior
written consent, which consent may be withheld at our absolute discretion, and without
the need to provide a reason.
||The Website may include hyperlinks to third party sites. We have no control over
and are not responsible for the content, use by you or availability of those third
party websites, for any products or services you buy through those sites or for
the treatment of any personal information, you provide to the third party. The products,
services and websites of third party providers made available via this website may
be owned and operated by independent suppliers. While we may co-brand these products
or services with our own, we do not endorse those products or services or warrant
the products, services or accuracy or reliability of any information provided to
you by such third parties.
12. General Terms
||You agree that you are bound to the terms and conditions of this Agreement, which
is concluded in Johannesburg, South Africa at the time you enter the Website for
the first time or after you have accepted this Agreement as required on the Website.
||This Agreement constitutes the entire agreement between you and Sage Pastel and supersedes
all other documentation, information and other communication.
||Any failure by Sage Pastel to exercise or enforce any right or provision of this Agreement
shall in no way constitute a waiver of such right or provision.
||In the event that any term or condition detailed herein is found to be unenforceable
or invalid for any reason, such term(s) or condition(s) shall be severable from
the remaining terms and conditions of this Agreement. The remaining terms and conditions
shall remain enforceable and applicable.
||The Website is hosted, controlled and operated from the Republic of South Africa
and therefore the South African law enforced by the South African courts governs
the use of the Website, its content, services, software and this Agreement.
||We do not recommend or endorse any other entity, including any third parties who
make Sage One Accounting available to you - if you wish to engage with such
an organisation, you should investigate its experience, skills and qualifications.
No third party is appointed or authorised by us as our servant or agent, nor has
any authority, either express or implied, to amend this Agreement, or to enter into
any contract, provide any representation, warranty or guarantee with or to you on
our behalf, or otherwise make commitments for us in any way whatsoever. You agree
that we will not be responsible for any act or omission of any third party including
any services provided by it in relation to the Sage One Accounting, including
any administration of it.
13. Disclosures required by Section 43 of the ECT Act
Access to the services, content, software and content downloads available from the
Website is classified as "electronic transactions" in terms of the ECT Act and therefore
you have the rights detailed in Chapter 7 of the ECT Act and Sage Pastel has the duty
to disclose the following information:
||Full name and legal status of website owner: Sage Pastel, a division of
Sage South Africa (Pty) Ltd.
||Street Address: Sage Technology Park, 102 Western Services Road, Gallo Manor
Ext. 6, Johannesburg, 2191, South Africa.
||Postal address: PO Box 781893, Sandton, 2146, South Africa.
||Physical address for the receipt of legal notices: Sage Technology Park, 102
Western Services Road, Gallo Manor Ext. 6, Johannesburg, 2191, South Africa.
||Official email address of the Website: firstname.lastname@example.org.
||Manual published in terms of section 51 of the Promotion of Access to Information
Act 2 of 2000 may be viewed at: http://www.pastel.co.za/Downloads/PromotionofAccesstoInformationAct200.pdf
||The costs associated with the access and use of Sage One Accounting is available
from the Website.
||Alternative Dispute Resolution: Subject to urgent and / or interim relief, all disputes
||access to the Website;
||the inability to access the Website;
||the services and content available from the Website; or
||Shall be referred to arbitration in terms of the expedited rules of the Arbitration
Foundation of South Africa and such arbitration proceedings shall be conducted in
Johannesburg in English. The arbitration ruling shall be final and the unsuccessful
party shall pay the costs of the successful party on a scale as between attorney
and own client.
||Cooling off period:
||Under section 42(1)(g) of the ECT Act the cooling-off period set out in section
44 of the Act does not apply to an electronic transaction where audio or video recordings
or computer software were unsealed by the consumer.
||Under section 42(1)(d) of the ECT Act the cooling-off period set out in section
44 of the Act does not apply in respect of services, which began with the consumer's
consent before the end of the seven-day period referred to in section 44(1).
||Under section 42(1)(f) of the ECT Act the cooling-off period set out in section
44 of the Act does not apply where the goods:
||are made to the consumer's specifications;
||are clearly personalised;
||by reason of their nature cannot be returned; or
||are likely to deteriorate or expire rapidly.
||Users may lodge complaints in respect of the Website via email to email@example.com.