SERVICE AGREEMENT

Disclaimer

Exclusions and Limitations

To the fullest extent permitted by law, the information on the PAWA platform:

• excludes any representations and warranties relating to the PAWA website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions on the PAWA website and/or the PAWA platform; and


• excludes any liability for damages arising out of or in connection with your use of this platform. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Payment

Direct deposits, electronic fund transfers, credit/debit cards, and Paypal are all acceptable methods of payment. All payments must be made within seven days of billing. Failure to pay will result in automatic suspension of your account and your inability to run your operations on the PAWA platform.

Cancellation Policy

A minimum cancellation notice of 24 hours is required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted. There are no cancellation charges.

Termination of Agreements and Refunds Policy

Both the Client and PAWA have the right to terminate any Service Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is, for intents and purposes, deemed used i.e., for any particular month, the Client has started using the service for that month. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this platform. Redistribution or republication of any part of the PAWA platform or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of PAWA. PAWA does not warrant that the service from the platform will be uninterrupted, timely or error free, although it is provided to our best ability. By using this service, you thereby indemnify PAWA, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

PAWA uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within PAWA on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive websites, the PAWA platform uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of the platform without our prior written consent. If you do create a link to a page of the PAWA website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. PAWA will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to PAWA’s services and the full content of the platform.

Communication

We have several different e-mail addresses for different queries. These and other contact information can be found on our Contact Us link on our website or via PAWA marketing material or via PAWA’s stated telephone, facsimile or mobile telephone numbers.

We do send daily/weekly report emails, support emails, account related emails, and billing related emails to your email address. You can choose in account settings whether to receive emails from us with the exception of billing related emails. If you do not wish to receive any email from us including billing related emails, please contact us and we will ensure no further emails are sent from us. However, if you do not contact us, and mark our emails as spam, this may cause the termination of this agreement at our discretion.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

This Agreement constitutes the entire agreement between the parties and no warranties, representations, or other terms and conditions of whatsoever nature not expressly recorded herein will be of any force or effect.

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Failure by PAWA to enforce any of the provisions set out in this Service Agreement and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this Service Agreement or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. This Agreement may not be altered, modified, amended or revoked except by an instrument in writing signed by a duly authorised representative of PAWA.

This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa. The Parties hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Local Division, (Johannesburg) in any dispute arising from or in connection with this Agreement.

Notification of Changes

PAWA reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our website. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking effect. You are therefore advised to re-read this statement on a regular basis.

These Terms and Conditions form part of the Service Agreement between the Client and PAWA. Your accessing of the PAWA platform and/or purchasing a service package indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within PAWA only access and use information collected from individual customers on a need-to-know basis. We constantly review our systems and data to ensure the best possible service to our customers, including ensuring that their personal information is not accessed by unauthorised persons or used for any purpose other than to provide the best possible service to our customers.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our technical partner Microlynxe Systems and if legally required to do so by the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, provided that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by PAWA will only be in connection with the provision of agreed services.

© PAWA 2024. All Rights Reserved.