Terms And Conditions
Due to the wide scope of services PoSilCo Media (Pty) Ltd delivers we have various Terms and Conditions that govern our delivery and interaction with clients. When making use of our website or any of the PoSilCo services you confirm that you have read, are in agreement with and bound by all the Terms and Conditions that are relevant to you/your organization (should you be representing an organization).
These Terms and Conditions may be changed at any time without prior notice. We will make changes by modifying our website and updating it to https://www.PoSilCoMedia.com/terms/.
Below are our Terms and Conditions. Please note that they should all be read in conjunction with one another and the Agreement the client has signed.
- The Client: The company or individual requesting the services of PoSilCo Media.
- PoSilCo: PoSilCo Media (Pty) Ltd (Previously Trading as iLa Digital (Pty) Ltd), its owners, members, shareholders & employees or affiliates.
General Terms & Conditions
DIGITAL MEDIA PLAYER HARDWARE
- Each screen/TV requires its own Media Player.
- The purchase price of our Media Player is for our digital media player hardware only and does not include: a TV/Display; cables (other than noted in the Description); the SD card that is supplied with the player; installation; delivery; monthly service fee (player software licence and support); design work; onsite support and consultation.
- A turnaround time of ten business days is needed from hardware payment date to have the media players ready for delivery.
HARDWARE INSTALLATION ENVIRONMENT
Once the media players have been setup and configured, we will deliver them to your store. The media players are “plug and play” and no installation is required. Should the client require PoSilCo to connection the Media Player there will be an additional service charge per Media Player.
The client will provide the following:
- An installed TV/Display with an HDMI input;
- An electrical outlet within cable distance of 1 meter from where Media Player will be mounted;
- An available two-point plug;
- Easy access to the electrical outlet and enough space for the power supply to remain plugged in;
- Easy access to the back of the TV/Display;
- Fast and stable Wi-Fi in every location where a media player will be placed. We suggest a fibre installation as the media player requires quite a bit of data, but 4 Meg+ Uncapped ADSL will suffice.
MONTHLY SERVICE FEE
PoSilCo Media charges a service fee per Media Player/Screen per calendar month (Non-Prorated). Our monthly service fee includes the following:
- Media Player Licence
- Telephonic and Remote Support
Please note that the aforementioned only includes telephonic and remote support and the software licence per media player and does not include any design work, content scheduling, consultation or onsite support fees.
The service start date (Effective Date) will be on the day that the media player is delivered to the client and will last for a term of 12 months. The client agrees to these terms by signing our Digital Media Display Agreement or making payment on a quotation or invoice.
Digital Display Update
We charge an hourly rate in 15-minute slots for the design and upload of content to your media display. Design and scheduling fees are invoiced separately at the end of each month.
Process and Turnaround Time
We have a turnaround time of no more than 14 husiness hours. Our business hours are Monday to Friday from 8:00 to 17:00 (GMT+2)
Our rates are reviewed annually. Price increases are communicated via email providing our clients with 30 days’ notice of our new rate.
Neither party shall be responsible for any delay or failure in performance, at any time during the term of this agreement, caused by flood, riot, insurrection, fire, earthquake, strike, explosion, war, act of God, or any other force or cause beyond the reasonable control of the party claiming the protection of this section.
PoSilCo will carry out work only where an agreement is provided either by web application, email, telephone, mail or fax. PoSilCo will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between PoSilCo and the Client, this includes telephone and email agreements.
PoSilCo cannot take responsibility for any copyright infringements caused by materials supplied by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
PoSilCo will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
PoSilCo will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by PoSilCo or its agents.
Any image, video, document, process, scripts, applications or software (unless specifically agreed) written by PoSilCo remain the copyright of PoSilCo and may only be commercially reproduced or resold with the permission of PoSilCo.
PoSilCo reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
We will not share or sell any of your details to third party companies.
PoSilCo reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
These terms shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
The client gives PoSilCo permission to perform a credit check on the customer’s credit profile with one or more of the registered Credit Bureaus when assessing the customer’s application for services and record and transmit details of how the customer has performed, and how the account is (or was) conducted by the customer in meeting their obligations on the account.
- Informal procedure – Anyone who experiences a problem with a service provided by PoSilCo should raise the matter directly using to do so, giving sufficient information and clearly outlining the grounds for the complaint. PoSilCo will approach the individual responsible for the deliverables in question with a view to resolving the matter to the satisfaction of the complainant.
- Formal complaints procedure – The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to PoSilCo, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. Formal complaints should be sent to or faxed to 086 587 9208`
PoSilCo shall, as and when specifically requested to do so by the customer in writing via e-mail, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the PoSilCo services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
PoSilCo shall, as part of such service, identify the customer’s problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
The customer shall-
Supply all software, hardware and all related documentation required by PoSilCo to identify and solve any problem encountered by the customer. Failure to do so will result in PoSilCo not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all amounts;
Render to PoSilCo, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
Ensure the safety of all agents, representatives and employees of PoSilCo present at the customer’s premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by PoSilCo or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer’s premises, from whatsoever cause arising.
PoSilCo does and shall not accept any responsibility or liability for any existing data on the customer’s equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds PoSilCo harmless against any cost, liability, loss or damage incurred or suffered by the customer or by PoSilCo as a result of the loss of any such data, whether occasioned by any act or omission of PoSilCo, its representatives, agents or employees or otherwise.
Consultation time charged for will commence when the relevant PoSilCo agent, representative or employee leaves the PoSilCo office and will end when he returns to the PoSilCo office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer’s premises or equipment.
Payment Terms & Conditions
- 100% payment is due within 3 business days from invoice date.
- Payment to be made into our bank account. Our bank account details are at the bottom of our invoices and statements.
- Cash payments into our bank account carry a surcharge (an additional fee due by the client). We will invoice the client for the full cost as charged by our bank.
- We charge clients for our time. The price for each service is calculated according to the time that will be spent performing a set of work. The only services excluded from this is our monthly Licence and Support fee.
- PoSilCo does not provide refunds. Once work is commissioned and has commenced the full amount will be due as per our terms.
- Monthly Bill Run: Our monthly invoices are generally sent out between the 23rd and the 27th of each month. With the exception of our December invoices that are sent out between the 5th and the 15th of December. Payment of monthly invoices are due within 3 business days. This excludes December invoices, payment of which is due by the last business day of December.
- PoSilCo will be entitled to adjust any of its charges, including without limitation tariff increases as on the 1st of January, at any time by giving the customer a 30-day electronic notification of such adjustments.
- It is the PoSilCo policy that 100% payment is due within 3 business days from invoice date. There are no exceptionsto this, i.e. If the client decides they no longer want the product or service, as they have placed their order or commissioned the work they are obliged to pay the full outstanding amount or monthly fee whichever is relevant. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
- The risk of payment by cheque through the post rests with the Client.
- The Client has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Client and any such extension will not be applicable or enforceable unless agreed to by PoSilCo, reduced to writing and signed by the Client and a duly authorized representative of PoSilCo.
- The Client is not entitled to set off or deduct any amount due to the Client by PoSilCo against this debt.
- The Client agrees that a certificate signed by any Member of PoSilCo shall be prima facie evidence of the amount due and payable to PoSilCo by the Client including any interest, penalties and costs for the purposes of debt collection or judgment, including provisional sentence or summary judgment, and of claims against insolvent or deceased estates. Proof of the appointment or authority of the signatory shall not be required in such certificate.
- All our terms and conditions are to be read in conjunction with each other.
Penalties For Late Payment
1. The Client agrees that interest shall be payable at the maximum legal interest rate prescribed in terms of the Usury Act on any moneys past due date to PoSilCo and that interest shall be calculated daily and compounded monthly from the date of Invoice.
- Any discount or rebate offered by PoSilCo shall be forfeited if payment in full is not made on or before the due date.
- In the event of a breach of our payment terms and without restricting or revoking any other rights PoSilCo may have in law, PoSilCo shall have the right to claim from the Client the following costs:
- If payment has not been received in full by the payment due date a penalty fee of R100.00 per overdue invoice will we added for every 30 days (Calendar Days) that payment is late;
- If payment by cheque is referred to drawer for whatsoever reason, an amount of R90.00 per affected cheque;
- If the Client debit order is returned due to lack of funds, an amount of R60.00;
- If default necessitates the contact of the debtor by PoSilCo, an amount of R50.00 per call, email or SMS;
- If default necessitates a personal visit by PoSilCo, an amount of R100.00 per visit;
- Cost for issuing a Letter of Demand at R16.50;
- The Client agrees that if an account is not settled in full as per our Payment Terms or if the Client commits a breach of any of these conditions, or being an individual, is provisionally or finally sequestrated or surrenders his estate, or being a partnership, is being dissolved, or being a company or close corporation is placed under a provisional or final order of judicial management or liquidation, or compromises or attempts to compromise generally with its creditors or if an order in terms of section 65 of the Magistrates Court Act 32 of 1944, as amended is issued against the Client, or if he commits or permits any act that may prejudice the rights of PoSilCo; then in any of these events PoSilCo may in its sole discretion either; (i) be entitled to immediately institute action against the Client at the sole expense of the Client; or (ii) claim damages.
- PoSilCo shall be entitled to immediately suspend any service and withhold any work while the Client is in breach of any of the terms of any contract between it and PoSilCo.
- PoSilCo shall have the right to take any legal avenue available to us to pursue payment; non-payment can result in listing a client on the various credit bureaus an/or court judgments being added to the clients credit rating. These remedies are without prejudice to any other right PoSilCo may be entitled to in terms of this agreement or in law
The following words and phrases have these meanings in this document:
1.1. “Personal Information” has the meaning as defined in POPI.
1.2. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.3. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.4. Us”, “we” or “our” means PoSilCo Media (PTY) Ltd and also includes reference to our holding company and its subsidiaries or Trading As names.
1.5. “Site” means Internet World Wide website at URL www.posilcomedia.com
1.6. “You” or the “user” means any person who accesses the Site for any purpose.
- Status and Amendments
- Collection and Processing of Personal Information
3.1. Where you submit Personal Information via the Site the following principles are observed in the handling of that information:
3.1.1. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.1.2. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed.
3.1.3. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
3.1.4. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained or we are required to do so by law.
3.1.5. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
3.2. Note that, as permitted by POPI, we may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
- Collection of anonymous data
4.1. We may use standard technology to collect information about the use of this Site. This technology is not able to identify individual users but simply allows us to collect statistics.
4.2. We may utilise temporary or session cookies (a cookie is a small file that is placed on your hard drive) to keep track of users’ browsing habits. This allows us to track your use of this Site as well as your visits to other websites. Other websites may also use these cookies to track your browsing habits.
4.3. Cookies by themselves will not be used to identify users personally but we may use them to compile de-identified statistics relating to use of services offered or to provide us with feedback on the performance of this Site.
4.4. The following classes of information may be collected in respect of users who have enabled cookies:
4.4.1. The browser software used;
4.4.2. IP address;
4.4.3. Date and time of activities while visiting the Site;
4.4.4. URLs of internal pages visited; and
4.4.5. referring websites, search engines and the like.
4.5. If you do not wish cookies to be employed to customise your interaction with this Site it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Site may not be available to you.
5.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by this Site from loss, misuse, unauthorised disclosure, alteration or destruction.
- Links to other Websites