Terms and Conditions

TERMS & CONDITIONS

1.1. Detailed description of goods and services

ProsperoSA (Pty) Ltd is a business in the information communication technology industry that markets various services. Prospero is our in-house developed modular-based intranet system which allows small businesses to only pay for what they use, over and above the intranet system. ProsperoSA (Pty) Ltd provides other services such as system development, website development, hosting, email accounts, and consulting services.


1.2. Delivery policy intranet system

Subject to availability and receipt of payment, requests will be processed within 3 work days (If EFT) and activation of a module will be confirmed by way of email. This is an online hosted system and as such, no physical product is delivered to the client. Activation is immediate upon receipt of proof of payment. ProsperoSA (Pty) Ltd retains the right to switch-off or disable the modules if the account is in arrears by more than 14 days. ProsperoSA also retains the right to charge interest on all overdue accounts at 2% per month, calculated daily.


SMS credits will only be activated once the proof of payment has been submitted to the following email address: info@prosperosa.co.za

 

Other service hosting and email services are invoiced a month in advance and all services will be discontinued if payment has not been received by the 7th of the month. Billing is calculated according to the usage/bandwidth per month on the entire domain. This includes web traffic, up and down, as well as email traffic.


1.3. Export restriction

The offering on this website is available internationally as it is a hosted online solution. (No restrictions apply, as this website is available internationally and hosted online.)

 

1.4. Return and refunds policy

The provision of goods and services by ProsperoSA (Pty) Ltd is subject to payment of an activation fee as well as monthly payments. As this service is online, it will always be available. However in the case where the servers are off-line for more than 48 hours the client will be refunded for those hours, pro-rata to the monthly payment. ProsperoSA (Pty) Ltd will refund or credit the client's account accordingly within 30 days. Cancellation of orders by the client will attract a fee to the value of the work and time spent until the time of cancellation which will be deducted from the deposit. No credit will be granted on SMS’es sent.


1.5. Customer privacy policy

ProsperoSA (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information: Act 2 of 2000 (PAIA).


1.6. Payment options accepted

Payments can be made by bank transfer or cheque deposits into the ProsperoSA (Pty) Ltd bank account, the details of which will be provided on the invoice generated by the system. Once payment is made, the client agrees to our terms & conditions.

 

1.7. Debit orders

As all services are charged a month in advance, debit orders will run on the 26th of the month. The client will be liable for any costs associated with reversals or non-payments of debit orders. The client will then have until the 7th of the next month to settle the account, including additional costs, to avoid discontinuation of services.

 

1.8. Credit card acquiring and security

Credit card transactions will be acquired for ProsperoSA (Pty) Ltd via PayGate (Pty) Ltd which is the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za, to view their security certificate and security policy.

 

1.9. Ownership

Only applicable to websites with less than 20 content pages and where ProsperoSA was commissioned to develop a system on behalf of the client. The ownership and copyright will reside in ProsperoSA and will not be supplied under any circumstances to the client or the client’s clients. Where ProsperoSA will only charged a customization fee to customize existing Prospero systems or IP, or when a license fee is charged, or where a reduced price is charged to the client, specifically related to the Prospero application suite or portal CMS systems. ProsperoSA retains full ownership of all source codes, systems, websites, and projects until fully paid and retains the right to sell the mentioned source code to recoup costs.

 

ProsperoSA retains the right to encrypt our core system (foundation of any website or system built by ProsperoSA), source code and or any website. The client is not authorised to make source code changes, copy, modify, reverse engineer, or de-encrypt any source code created by ProsperoSA. Any changes to the source code undertaken by or on behalf of the client without ProsperoSA’s express permission will void any warranty and support on offer and may invoke legal action for breach of copyright. It is a strong condition that the client understands and agrees that the content management system always remains the property of ProsperoSA and is non-transferable in any manner for use on external hosting platforms or for use with any other website than the website ProsperoSA has developed it for.


1.10. Monthly retainers

Monthly retainers are prepaid. Payment for retainer packages is required in advance by the first day of the month to which the hours apply. ProsperoSA maintains a detailed log of all services rendered to be produce on request. Any hours in excess of the contracted monthly retainer level will be billed at the discounted rate as indicated for the contracted level. Unused retainer hours will carry over one calendar month, according to the weighting, after which it will expire. No refunds on hours not spent will be given. Hours may be used in any increment throughout the current month.

 

1.11. Resellers

Clients will not be allowed to sell any of the ProspeorSA products without the consent of ProsperoSA. ProsperoSA retains the right to discontinue service specifically related to the Prospero application suite or website or system if in dispute or if fees have not been received. A reseller will be treated as a whole, and thus all service will be discontinued to all the reseller’s clients if one is in default. Resellers will have no claim whatsoever on the IP or systems developed for them or their clients.

 

1.12. Customer details separate from card details

Customer details will be stored by ProsperoSA (Pty) Ltd separately from card details which are entered by the client on MyGate’s secure site. For further details on MyGate refer to www.mygate.co.za. ProsperoSA (Pty) Ltd stores the bank details of the client only for refund and debit order purposes.


1.13. Merchant outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

 

1.14. Responsibility

ProsperoSA (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

 

1.15. Country of domicile

This website is governed by the laws of South Africa and ProsperoSA (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, its registered physical address.

 

1.16. Variation

ProsperoSA (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice. The latest terms and conditions will then take effect.

                              
1.17. Company information

ProsperoSA (Pty) Ltd based in South Africa trading as ProsperoSA (Pty) Ltd, registration number 2007/018910/07 /. VAT 4840250262. ProsperoSA (Pty) Ltd contact details info@prosperosa.co.za Support Number 073 509 2104 / 086 133 5551