TERMS AND CONDITIONS
This Letter of Agreement for Internet Directory listings Services (“Letter of Agreement”) is intended to set forth the general terms and conditions pursuant to which SEEKMESA, agrees to provide certain directory listings whose Internet Site is located at www.seekmesa.co.za to the Subscriber (hereafter referred to as the “Subscriber”),
SEEKMESA maintains an Internet Website at www.seekmesa.co.za (“Website”).
Subscriber agrees to list its products and services on the Website in accordance with the referenced terms and conditions set forth below.
PREPARATION OF BUSINESS ENTRY/S
The Directory Service Provider will post Subscriber’s business entry/s on the Website.
Subscriber agrees to make payment to SEEKMESA in advance, the amounts set by SEEKMESA. Unless otherwise provided, Subscriber must pay in advance for any contract extension(s) commencing immediately after expiration of the initial contract term. SEEKMESA reserves the right to charge Subscriber the maximum amount allowed under the law, in addition to collection costs, attorneys fees, court costs, late fees, returned check fees, or any other fees attributed to late or non-payment by the Subscriber. In addition, SEEKMESA reserves the right to remove from www.seekmesa.co.za website, any business entry/s for which payment is overdue.
SUBSCRIBER USE OF MATERIAL
Subscriber agrees and warrants that the material presented for display on the Website violates no patents, copyrights or trademarks. If any logo, phrase or expression attributable to another is used, then permission must have been granted for use of same. Upon request, Subscriber will present such evidence of permission.
RIGHT TO EDIT
All listings and content are subject to SEEKMESA ADMINISTRATORS approval.
Entries which have been edited may remain offline upto 7 hours from the time of submission pending SEEKMESA Administrators approval.
SEEKMESA reserves the right to edit, revise, or reject any listings or material presented for matters of legality, falsity, bigotry, slander, taste, or other matters which SEEKMESA at its sole discretion, may deem objectionable SEEKMESA reserves the right to designate categories and/or search criteria for Subscriber or Subscriber’s listing.
INFORMATION, MATERIAL AND CONTENT
Subscriber agrees to provide and authorizes SEEKMESA to collect all information, materials, photographs, images or other content necessary or desirable for the production and/or publication of the Subscribers entry/s
SEEKMESA may contract with multiple Subscribers for the same service or product. This contract shall in no way prohibit SEEKMESA from accepting directory listings from other same or similar Subscribers. At its sole discretion, SEEKMESA may choose or limit the number of Subscribers for the same service, product or category.
FREQUENCY OF DISPLAY
SEEKMESA will use reasonable efforts to make our Website available for display through the World Wide Web, twenty four hours per day, and seven days per week.
DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION
SEEKMESA makes no guarantees to Subscriber as to the level of reach, distribution, leads, revenues, or business to be derived from the placement of the Entry/s. SEEKMESA is not liable for any delayed delivery or non-delivery due to acts of God, network difficulty, action of any governmental or quasi-governmental agency, or other force-majeure, or other acts beyond the control of SEEKMESA ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT INCLUDING RESULTING FROM A PUBLICATION ERROR SHALL BE LIMITED TO THE AMOUNT OF THE FEE PAID BY SUBSCRIBER HEREUNDER. IN NO EVENT WILL SEEKMESA AND OR ITS WEBSITE BE LIABLE FOR ANY LOSS OR DAMAGE TO REVENUES, PROFITS, OTHER ECONOMIC LOSS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. SEEKMESA MAKES NO WARRANTIES THAT THE ENTRIES CONTAINED ON OUR WEBSITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT THE USE OF THE HYPERTEXT LINK OR ACCESS TO THE WEBSITE WILL BE INTERRUPTED. SEEKMESA SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY.
Subscriber may terminate this Letter of Agreement, with or without cause, by giving sixty (60) days advance notice of its intent to terminate. In the event of termination of this Agreement prior to the expiration of the period by the Subscriber, no amount paid shall be refundable. SEEKMESA reserves the right to terminate this Agreement with or without cause by giving (60) days written notice to the Subscriber.
In the event of termination of this Agreement prior to the expiration of the period by SEEKMESA the subscriber shall be refunded proportionately taking into consideration the remaining period of the agreement, which the Subscriber shall accept without making any further claim.
1. Any variation of this Agreement and the Schedules hereto, shall only be valid if it is in writing and is signed by or on behalf of each of the Parties.
2. If at any time any one or more provisions mentioned in this Agreement is or becomes invalid, illegal or unenforceable in any respect under the laws of South Africa such provision shall be ineffective to the extent necessary without affecting or impairing the validity, legality and enforceability of the remaining provisions hereof.
3. This Agreement and the Schedules hereto constitute the entire agreement and understanding between the Parties hereto with respect to all matters which are referred to and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of this Agreement.
4. Any notices under this Agreement shall be sent to the respective Party at his last known address, by registered post.
5. This Agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the Republic of South Africa and the South African courts shall have exclusive jurisdiction in adjudicating disputes under or in relation hereto.
6. This Agreement shall be executed in two counterparts, one for each Party and each such counterpart is deemed an original, but all of which shall constitute one and the same instrument.