LEGALNET TERMS AND CONDITIONS OF USE
A. Terms and Conditions of Use applying to Legalnet Subscribers who require access to the internet only
1. By choosing this subscription option, the subscriber acknowledges that Legalnet has agreed with M-Web that M-Web will provide the subscriber with use and enjoyment of the M-Web network in order to access the internet.
2. The subscriber accordingly agrees to be bound by all of M-Web's applicable online terms and conditions which can be found at http://www.mweb.co.za/policies/subscriber_terms.asp In the same manner as if the subscriber was subscribing directly to M-Web.
3. Notwithstanding the aforesaid, Legalnet will provide the subscriber with an @law.co.za email address for the duration of his/her subscription agreement with Legalnet whereafter the right to use the aforesaid email address will automatically terminate.
B.Terms and Conditions of Use applying to Legalnet Subscribers who require access to the Legalnet services only
1. Recordal
1.1 Legalnet sells access to its services on a subscription basis.
1.2 In order for the subscriber to be issued with a valid log-in ID, Legalnet requires the subscriber to agree to these subscriber terms and conditions by clicking on the "I Agree" or other similarly worded "button" or entry field with the subscriber's mouse, keyboard or other electronic device, thereby signifying the subscriber's acceptance of these subscriber terms and conditions.
1.3 In the event the subscriber is not given the option of agreeing to these subscriber Terms and Conditions in the manner as contemplated in 1.2 for any reason whatsoever, the subscriber will be deemed to have accepted these subscribers terms and conditions as amended from time to time by reason of the subscribers use of the service.
1.4 The subscriber is required to adhere to these subscriber terms and conditions of use as well as the privacy policy as outlined from the link on www.legalnet.co.za
2. Interpretation in this Agreement
2.1 "the/this agreement" - means these subscriber terms and conditions of use as amended and updated from time to time; "effective date" - means the date when the subscriber receives their log-in ID; "log-in ID" - means a valid log-in ID and password specifically granted to a subscriber; "password" - means the word or device or sign given by Legalnet to the subscriber that will entitle the subscriber to gain access to Legalnet's services; "service" or "services" - means any service, including but not limited to providing content, that may be provided by Legalnet from time to time; "subscription" - means any amount payable to Legalnet as stated in this agreement and, where applicable, includes the other fees that have been levied for any of the optional services for which the subscriber has registered, any interest outstanding, all current amounts due and amounts that must still become due. "Legalnet" means M-Web Connect (Pty) Ltd, trading as Legalnet.
3. Subscription Agreement
3.1 Legalnet, with effect from the effective date, hereby grants to the subscriber access to the services on the terms and conditions on this agreement.
3.2 The subscriber hereby acknowledges receipt of such access and agrees:
3.2.1 that the log-in ID will be used for his/her personal use only;
3.2.2 "not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use and undertakes to maintain the confidentiality of such log-in ID and password and at no time shall the subscriber permit and/or initiate a simultaneous network log-in at any time ("unauthorised use)";
3.2.3 not attempt to circumvent Legalnet's user authentication processes.
3.2.4 that in the event that the subscriber's password is compromised, the subscriber shall immediately notify Legalnet and change their password; and
3.2.5 that in the event that any unauthorised use takes place, to pay immediately, on demand made by Legalnet, all costs, loss and/or damage (including both direct and consequential loss or damage) incurred or suffered by Legalnet arising out of the use of such subscriber log-in ID.
4.Service Availability
4.1 Legalnet shall use reasonable endeavours to keep its service available at all times, however, the subscriber agrees that Legalnet shall not be liable to the subscriber or any other person or entity whatsoever in respect of (and the subscriber or any such person or entity shall have no claim against Legalnet and the subscriber hereby indemnifies and holds Legalnet free from liability in respect of) any loss or damage:
4.1.1 caused by or arising from any fact or circumstances beyond the reasonable control of Legalnet; or
4.1.2 which is as a result of any downtime, outage, interruption in or unavailability of the service attributable to any cause whatsoever, including but not limited to: repairs and maintenance, any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) as well as by any other external communications networks and by the networks of Internet service providers other than Legalnet. Legalnet shall use its best endeavours to notify the client of any maintenance and repairs which may result in the service being unavailable but does not warrant that notice shall be given to the client prior to such maintenance and repairs being undertaken.
4.2 The subscriber or any other person or entity shall have no claim against Legalnet if such loss or damage is consequential, incidental, indirect or special (including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss), regardless of whether such liability is based on breach of contract, delict, strict liability, breach of implied warranties, terms and conditions or otherwise and even if advised of the possibility of such damages, save in respect of a liability for death or personal injury arising from the negligence of either party, or their employees or agents.
4.3 Without limiting the generality of the above the subscriber indemnifies and holds Legalnet harmless against any and all losses, injury, damage, penalties, costs on the attorney and own client scale, or claims of whatever nature and howsoever arising from or in connection with the service hereby made available by Legalnet.
5. Payment of Charges
5.1 The subscriber shall pay the subscription, charges and charge rates applicable as at the effective date subject to any increases or decreases as may be effected from time to tome.
5.2 In order to gain access to the service, the subscriber's bank account shall be debited in advance at the beginning of each month.
5.3 The monthly fees for any additional services as may be offered from time to time on Legalnet to which the subscriber has subscribed will also be deducted at the beginning of each month.
5.4 In the event that the subscriber fails to pay any amount which may become due by the subscriber to Legalnet in terms hereof on the due date for such payment, then, without prejudice to any of the rights granted to Legalnet in terms hereof:
5.4.1 any such amount not paid on due date shall bear interest at the rate of 2% above the prime overdraft rate, calculated daily in advance as from the due date (both dates inclusive); and
5.4.2 Legalnet shall be entitled to take all such further steps, without notice, as may be necessary to recover such monies from the subscriber, and/or to suspend the service to the subscriber until such time that the subscriber has fulfilled his/her obligations in terms hereof, or to terminate this agreement. The subscriber agrees that he/she shall pay all costs associated with the recovery of monies including legal fees on an attorney and own client basis.
5.5 Legalnet shall give the subscriber 30 days' written notice of any increase or decrease in the rates set out in its standard price list should Legalnet in its sole discretion elect to increase or decrease such rates, and the subscriber shall be bound to such adjustments. The adjustments in such amended standard price list shall take effect on the date of expiry of the written notice.
5.6 The subscription charges set out herein and all other payments due in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against the subscriber's nominated current banking account) in favour of Legalnet's bankers, or in such other manner as Legalnet may from time to time determine and at such address as Legalnet may elect. If requested by Legalnet, the subscriber shall sign all such forms and do all such things as may be necessary to give effect to the foregoing.
5.7 The subscriber shall not be entitled during the currency of this agreement to withhold payment of any amount by reason of any alleged breach by Legalnet. In addition the subscriber shall not be entitled to any setoff, discount, refund or other credit in respect of any unavailability of the service.
6. Termination of Agreement
6.1 The agreement can be terminated upon prior written notice of 1 calendar month by either party. Written notice of termination by the subscriber to Legalnet shall be conveyed to Legalnet by ending cancellations@mweb.com. Termination will not result in any refund by Legalnet of pre-payments made to Legalnet. On account of termination, no refund will be made and outstanding balances remain valid and have to be settled within 30 days of termination.
7. Security
7.1 In order to ensure the security and reliable operation of Legalnet's network to all subscribers, Legalnet hereby reserves the right to take whatever action Legalnet finds necessary to preserve the security and reliability of its its network.
8. User Etiquette and Abusive Behaviour
8.1 The subscriber agrees not to violate the privacy of any person, which shall include but shall not be limited to, hacking. In the event that the subscriber should engage in any one or more of the above practices, which shall be determined in Legalnet's sole discretion and which decision shall be final, then Legalnet shall be entitled to:
8.1.1 terminate, without notice, the subscriber's account and/or access to Legalnet services, including but not limited to web hosting services and e-commerce services;
8.1.2 bill the subscriber for any costs incurred by Legalnet, including, but not limited to, bandwidth, administration costs, downtime, usage of Legalnet's name or registered domain names, and CPU cycles; and
8.1.3 notify all those persons who received the offending spam of the personal and public information of the subscriber.
9.Indemnity
9.1 The subscriber hereby indemnifies and holds Legalnet and any other person free from liability for loss or damage of whatever nature and howsoever arising from the subscriber's use of the service and/or failure to perform its obligations in terms of this agreement, including but not limited to its failure to comply with these subscriber terms and conditions of use, and with any other requirements of Legalnet as may be imposed from time to time.
10. Breach
10.1 Should the subscriber be in default of any payment due in terms of this agreement or fail to observe and perform any of the other terms, conditions or obligations of this agreement, then Legalnet shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, to do the following:
10.1.1 claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due; and/or
10.1.2 immediately suspend the services provided for in this agreement until such time that all such outstanding amounts have been paid; and/or
10.1.3 immediately terminate this agreement, retain all monies already paid by the subscriber and to recover all legal costs, including costs on the attorney and own client scale.
11. Certificate of Indebtedness
11.1 The amount of the subscriber's indebtedness to Legalnet and the fact that such indebtedness is due and payable shall be determined and proved by a certificate signed by Legalnet (or by one of Legalnet's directors, whose appointment, qualification and authority need not be proved).
11.2 The certificate shall be binding on the subscriber, be prima facie of the amount due, owing and payable by the subscriber to Legalnet and shall be deemed to be a liquid document for the purpose of obtaining provisional sentence and/or any other judgement against the subscriber.
12. Cession and Delegation
12.1 The subscriber shall not cede any of his/her rights nor delegate any of his/her obligations hereunder.
12.2 Legalnet shall be entitled to cede and transfer or delegate to any third party at its absolute discretion all or any of its rights or obligations under this agreement.
13. Jurisdiction
13.1 The subscriber hereby irrevocably consents to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Legalnet arising out of this agreement, provided that Legalnet shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, the subscriber consents to the jurisdiction of the said court.
14. Use of Proprietary Material
14.1 You are prohibited from using the network to obtain material protected by inter alia copyright (such as digital images, text and software for example) and trademark, unless you have obtained the written consent of the owner of the protected material. You are, however, entitled to download materials in the public domain (such as digitised images, text and software for example), provided that such material are clearly marked as available for download in this manner.
14.2 Should you breach any of the above terms and conditions, Legalnet shall be entitled, but not obliged to exercise any of its rights that it may have in law and to respond to any complaint lodged by you in one or more of the following manners:
14.2.1 to issue a warning;
14.2.2 if a subscriber, to suspend the subscriber's account;
14.2.3 to withdraw a subscriber 's access privileges;
14.2.4 to claim immediate payment of all costs incurred by Legalnet for responding to the complaint and taking corrective steps;
14.2.5 to institute legal proceedings against a subscriber or visitor for specific performance, or for any loss or damage sustained by Legalnet (irrespective of whether such loss or damage is consequential, incidental, indirect or special, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise); and
14.2.6 to respond to the compliant in any other manner deemed appropriate by Legalnet.
15. Alteration to Terms and Conditions
15.1 Legalnet reserves the right to alter its privacy policy any terms and conditions regulating the relationship between you and Legalnet at any time.
15.2 You acknowledge that by using the services from time to time, that you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version.
15.3 You shall be responsible for reviewing the then current version each time you make use of the service.
15.4 Without derogating from the aforegoing, and without imposing any obligation on Legalnet whatsoever, Legalnet reserves the right to give you notification of amendments of the relevant terms and conditions (which shall include changes in pricing) and its privacy policy either by electronic mail or by posting a notice on this legal section of the website. On notification of the existence of the amended terms and conditions and/or privacy policy, you shall be requested to view the then current version.
15.5 A certificate signed by Legalnet (or by one of Legalnet's directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions and privacy policy.
16. Disclaimers
16.1 By using the service, you understand (i) that you are using the the service entirely at your own risk, (ii) that Legalnet does not endorse any advice provided, (iii) that any information given to you on the service is not intended to be given as professional advice and that you accept that there is an obligation on you to seek professional advice before taking any action based on any information furnished to you, (iv) that Legalnet neither makes any representations nor gives any warranties about the suitability, reliability and accuracy of the content, (v) that Legalnet disclaims responsibility for any damage or loss of whatsoever nature that you may suffer as a result of your use of the service, (vi) that Legalnet does not warrant the truth or accuracy of the content.
16.2 You expressly agree that Legalnet will not be liable for any loss or damage, including direct, consequential, incidental, indirect, special or other damages resulting from your use of the services and you hereby agree to defend, indemnify and hold harmless Legalnet, its officers, directors, employees and agents from and against all claims, actions, damages, liabilities and costs, including attorneys costs on the attorney and own client scale and experts charges related to or arising from (i) any breach by you of these terms and conditions and (ii) any claim or contention that information submitted by you infringes any third party's trademark, copyright or other intellectual property rights or violates any third party's rights of privacy.
17. General
17.1 The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.
17.2 No variation of this agreement unless (i) carried out unilaterally by Legalnet under clause 2 above or (ii) recorded in writing and signed by the parties, shall be binding on Legalnet.
17.3 The subscriber agrees that by furnishing his/her bank details, he/she consents to Legalnet deducting the amount of his/her subscription and other charges from the account specified.
17.4 Each of the parties chooses their domicilia citandi et executandi for the purposes of giving any notice, the serving of any process and for any other purposes arising from this agreement as follows-
17.4.1 Legalnet: 100 Fairway Close, Parow, 7500, Cape Town; and
17.4.2 the Subscriber: the address provided in the application form when subscribing for the service.
17.5 No indulgence, leniency or extension of time which Legalnet may grant or show to the subscriber, shall in any way prejudice Legalnet or preclude Legalnet from exercising any of its rights in the future.
17.6 The subscriber acknowledges that as at the effective date, all the details furnished by it to Legalnet are true ` and correct.
17.7 The subscriber acknowledges that he/she has a duty to inform Legalnet of any changes to his/her contact details and the subscriber accepts any liability arising from his/her failure to comply with this provision.
C. Terms and Conditions applying to Legalnet subscribers who require access to the internet and Legalnet's services
1. By choosing this subscription option the subscriber agrees to be bound by the terms and conditions referred to in A herein above in respect of all matters pertaining to the subscriber obtaining access to the internet and by the terms and conditions referred to in B herein above in respect of all matters pertaining to obtaining access to the Legalnet services.