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Terms of Service

Terms of Service


By using the *.SendFile.co.za and all related services (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

SendFile (PTY) Ltd. (“Company”) reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the immediate termination of your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Do not give your account details to any third parties.
  2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws). You are responsible for all uploads under your account, including uploads from your clients.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your administrator login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate receiver logins for as many employees as you’d like. Each employee will get their own login details created in administrator panel.
  6. All new clients are subject to a no obligation 30 day trial period. During this time, the only limitation will be the amount sender profiles you can create. The amount of sender profiles will be limited to a maximum of 10 concurrent profiles.
  7. To continue the service after your 30 day trial period, you will have to select a paid package. You can cancel your trail or paid account anytime without prior notification.
  8. Once the trial period expires, all access to the Service will cease. Please ensure you download all outstanding documents to any offsite location before account deactivation.
  9. The Service will be limited to one company per account. You may not use the same service for multiple companies.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. 30 Day Trial Period accounts are not required to provide a credit card number. For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
  3. Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss. Most notably, the amount of sender profiles you can create. In some cases, downgrading may result in loss of active profiles. Please downgrade packages with extreme caution.
  4. All fees are inclusive of all taxes. The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  5. Refunds are processed according to our fair refund policy.
  6. Accounts can be upgraded or downgraded at any time during a billing cycle.
  7. The Company reserves the right to remove the “30 Day Trial Period” and / or charge for the “30 Day Trial Period”. In such cases, The Company will provide 60 days’ notice via email to all “30 Day Trial Period” users.
  8. In case of non-payment for any reason or any violation of these terms, The Company shall be entitled – without liability – to immediately bar Customer’s access to the Service.
  9. You reserve the right to setup recurring billing. Please use this feature responsibly. Automatic billing duration are determined by the client.
  10. The “Auto Upgrade” feature will upgrade your account to a paid account once the trial expires. You are responsible for the actions of this feature. It is disabled by default. Once enabled, your service will renew automatically.
  11. You reserve the right to deactivate or cancel your account at any time.
  12. All payments are made using the payment gateway system PayFast.co.za. All security and data protection is done by this third party payment system. We do not store and credit card information. All data is handled securely by PayFast.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the deactivate account link located under “Subscription Settings” The Account screen provides a simple no-questions-asked cancellation link called “Deactivate”.
  2. All of your content will be immediately inaccessible from the Service upon cancellation. All content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted. If you decide to deactivate or delete your account, please download and backup all documents from your account.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating or refund of unused profiles in the last billing cycle.
  4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes on the www.SendFile.co.za website or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service or features thereof.

Copyright and Content Ownership

  1. All content posted on the Service must comply with South African copyright laws.
  2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright © SendFile (PTY) Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  5. You agree that you will not reproduce, conceal, alter or remove any copyright, trade mark or other intellectual property right notices contained in the Software.
  6. You may not reverse engineer, decompile or disassemble the service or software.
  7. You may not create derivative works based on the service.
  8. You may not resell, retransfer, rent or otherwise redistribute the Software to any third parties, without consent from the Company.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. You understand that the Company uses third party developers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Some downtime will be beyond our control. The Company accepts no liability for any loss resulting from any form of downtime.
  3. You must not modify, adapt or hack the Service in any way.
  4. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  6. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  10. You need to have an active internet connection for the Service to function.
  11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to: support@sendfile.co.za

Proprietary Rights

  1. You acknowledge and agree that the Service and its related services and website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and you agree not to disclose such information to any third party without the Company’s prior permission.

Confidentiality.

  1. Each party who accesses and uses the Service (together the “parties”) shall keep in confidence all of the information maintained by the Service or the Exchange, as well as any trade secrets, know-how, software, product and technology-related information; customer lists, financial information, sales, marketing and business plans, personal identifiable information such as the names of a party’s customers, source code, product roadmap and cost and pricing data, whether or not so marked or identified as confidential or proprietary (“Confidential Information”).

Service Customer Support

  1. All support requests will be handled on a first in first out basis.
  2. We endeavor to respond to all tickets within a couple of hours. Depending on the severity of the issue, this may take longer. Our priority will be to resolve issues within 24 – 48 hours.
  3. You understand that the Company uses third party developers and hosting partners for certain functionality. This may cause delays in certain support requests.
  4. To get the most effective support, please use our official support platform on the following link: http://www.sendfile.co.za/support/
  5. For basic questions, feel free to use the live chat function on www.SendFile.co.za

Privacy

  1. We respect your privacy, the privacy of your data and the privacy of all users and visitors. All information and data entered by you into the system is treated as confidential. We will not sell, rent, lease, or give away your data, our user list, email addresses or any other personal information unless required by law to do so.  We will not contact you unless you opt-in to a user email list or have requested to be notified of bug-fixes or new features.
  2. We may, from time to time, gather specific data from user browsers as they enter and exit the site. This information is standard, and contains data such as referring URL, pages viewed, and amount of time spent on the site. This data is used for internal calculations of traffic, platform, and download counts.
  3. Any information collected may be used to investigate any possible breach of these Terms of Use or illegality.
  4. We will endeavor to keep your information safe and secure. Unfortunately, due to the very nature and environment of the internet, we cannot ensure that all communications and personally identifiable information will never be disclosed.

Domicilium

  1. SendFile (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 at 48 Elkie St, Wilro Park Ext 6, Gauteng, 1724.

Force Majeure

  1. The Company shall not be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of SendFile (PTY) Ltd. and shall be entitled to a reasonable extension of time for the performance of such obligations.
  2. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

BY USING THIS SERVICE, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT, THAT YOU KNOW AND UNDERSTAND THE MEANING AND INTENT OF THIS AGREEMENT AND THAT YOU ARE ENTERING THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.