It is important to note that the use of this Website is subject to the Terms of Service as set out below. By using this Website, you agree to observe all Terms of Service, including any privacy or other policies which may appear elsewhere on this Website. If you do not agree with any term of these Terms of Service, you must cease your access to this Website immediately.
1. Definitions and Interpretation
2. Use Subject to these Terms of Service
3. Conduct on Website
4. Third-Party Websites
5. Intellectual Property
6. Security
7. Personal Information
8. Disclaimer and Indemnity
9. Commencement
10. Duration
11. Service Fees
12. Termination
13. User Account
14. Jurisdiction
15. General
The following words and phrases have these meanings in this document:
1.1. Baobab Web Services (Pty) Ltd ("BWS", "Us", "We" or "Our") is a company incorporated in terms of the company laws of the Republic of South Africa. Address: 35-38 Buena Vista Office Park, 1 Heuwelkruin Close, Eversdal, 7550, Western Cape, South Africa. Email: support@bwscloud.tech.
1.2. "You" or the "user" means any person who accesses this Website for any purpose.
1.3. "Website" or "Site" includes the web entity https://bwscloud.tech, as well as the various services provided by Baobab Web Services (Pty) Ltd to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between you and BWS.
2.1. When using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are now incorporated by reference into these Terms of Service. Agreement to the Terms of Service is deemed to have been provided upon the date of first Website access.
2.2. If you do not agree to these Terms of Service, you must cease your access to the Website immediately.
2.3. These Terms of Service include BWS' Privacy Policy and Acceptable Use Policy, which is contained herein by reference.
2.4. Please note that, due to legal and other developments, BWS may be required to amend these Terms of Service from time to time without notice. Therefore, BWS expressly reserves the right to change these Terms of Service without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Continued use of the Website after any amendments have been affected, constitutes your acceptance of the amended Terms of Service.
2.5. BWS reserves the right to modify or discontinue the Website, or Website's features, at any time with or without notice. BWS will not be liable to you or any third party should BWS exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.
3.1. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
3.2. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive services that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
3.2.1. Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates BWS' rules or policies;
3.2.2. Victimizes harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
3.2.3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
3.2.4. Constitutes unauthorized or unsolicited advertising, junk or bulk communication (also known as "spamming" and includes, but not limited to, emails, SMS (texts), WhatsApp or additional future communication channels), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
3.2.5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and
3.2.6. Impersonates any person or entity, including any of BWS' employees or representatives.
3.3. BWS neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. BWS generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, BWS has the right to remove any content that, does not comply with these Terms of Service and any other rules of user conduct for BWS' site, or is otherwise harmful, objectionable, or inaccurate. BWS is not responsible for any failure or delay in removing such content. You consent to such removal and waive any claims against BWS arising out of such content removal.
3.4. You agree that BWS may at any time, and at BWS' sole discretion, terminate your membership, account, or other affiliation with BWS without prior notice to you for violating any of the above provisions. Also, you acknowledge that BWS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4.1. This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials or services provided by other parties. BWS is not responsible for the content of such sites as these sites may contain information or material that some people may find inappropriate or offensive.
4.2. These other sites and parties are not under BWS' control. You acknowledge that BWS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is BWS accountable for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by BWS, or any warranty of any kind, either express or implied.
5.1. Except where expressly stated to the contrary BWS owns all copyright in the HTML, text, graphics, audio clips, video clips, source code, object code and all other works contained in this Website. BWS' rights in this regard are reserved. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by BWS or any other party. The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without prior written permission from us. However, BWS does permit you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on this Website provided that:
5.1.1. this is for your education, your own professional business concerning the practice of law or the provision of legal services;
5.1.2. you do not modify the content of this material;
5.1.3. our Website is the acknowledged source including the reference https://bwscloud.tech; and
5.1.4. BWS may revoke this permission at any time.
5.2. No other use of this Website is permitted. Without restricting the generality of the preceding, you may not make commercial use of the content of this Website, including the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own, or another's Website, unless as set out in these Terms of Service.
6.1. BWS will pursue prosecution of and compensation from any person who delivers or attempts to provide any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
6.2. Although BWS takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
7.1.Further information regarding how BWS respects the privacy of users' personal information can be found BWS' Privacy Policy.
8.1. BWS expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website. This includes the loss or damage (directly, indirectly or consequential) resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
8.2. You agree to indemnify and hold BWS, BWS' staff, subcontractors, subsidiaries and affiliates harmless from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
8.3. Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. BWS does not endorse, nor is BWS responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson of BWS speaking in his or her official capacity.
8.4. Although BWS will endeavour to limit these, you understand and agree that temporary interruptions of the services available through this Website may occur. You further understand and agree that BWS has no control over third party networks you may access in the course of the use of this Website. Therefore, delays and disruption of other network transmissions are completely beyond BWS' control.
8.5. You understand and agree that the services available on this Website are provided "AS IS" and that BWS assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications or personalization settings.
9.1.The agreement for any service will commence as soon as you have received confirmation. It is your responsibility to contact BWS should you not have received a confirmation within a reasonable period.
10.1.All services operate on a 30-day rolling cycle and will auto-renew until such a time that BWS has a received notice to terminate.
11.1.All fees are payable by you as soon as they become due and includes Value Added Tax (VAT). You will not withhold any payment due to BWS for any reason. You may not demand any discounts or refunds in respect of any outstanding service fees. BWS reserves the right to amend the service fees. Amendments to service fees will be communicated at least 30 days before the adjustment becomes applicable.
12.1. You agree that BWS may, in BWS' sole discretion, terminate or suspend your access to all or part of the Website. The termination or suspension can take place with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
12.2. Upon termination or suspension, regardless of the reasons, your right to use the services available on this Website immediately ceases. You acknowledge and agree that BWS may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Website. BWS shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by BWS in connection with such termination or suspension.
12.3. You may terminate any service with BWS on 30 days written notice. Termination can be done through the online control panel or by sending an email to accounts@bwscloud.tech . BWS will confirm the termination of service via email.
13.1.If you are an owner of an account on this Website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. BWS reserves all rights to terminate accounts, edit or remove content and cancel orders on BWS' sole discretion.
14.1.These Terms of Service are governed and construed under the laws of the Republic of South Africa. You and BWS both agree to submit any dispute, arising out of the use of this Website, to the exclusive jurisdiction of the courts of the Republic of South Africa.
15.1. These Terms of Service contain the record of the entire agreement between users and BWS in respect of access to and use of the Website.
15.2. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
15.3. Our omission to exercise any right under these Terms of Service will not constitute a waiver of any such right unless expressly accepted by BWS in writing.
15.4. Even though hyperlinks in this Terms of Service to certain documents should be deemed part of these Terms of Service, in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in the determination of the validity and interpretation of these Terms of Service.