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TERMS OF SERVICE

Effective Date: 1 December 2021

Read these Terms carefully before accessing the Protocol website. Your continued use of this website indicates that you have read and accepted these Terms. You cannot use this website if you do not accept these Terms.

1. Introduction

Website: www.protosoft.co.za (“Website”) is operated by Protocol Software Development (Registration Number: 2002/065278/23) (“we”, “our”, or “us”).

The Terms apply to any user (“User”, “you”, or “your”) who accesses the Website, uses our services, or downloads any information or material. By using the Website, you agree to be bound by these Terms.

We may update these Terms at any time. Continued use of the Website after changes constitutes acceptance of the revised Terms.

2. Terminology

  • Website: Any person visiting the Website.

  • Business Days: Days excluding Saturday, Sunday, or South African public holidays.

  • Party/Parties: Protocol Software Development and/or the User.

  • Personal Information: Information provided by the User to register or access services.

  • Services: Services provided through the Website.

  • Terms: These Terms of Service.

  • User: A person who completes the Contact Us form to make use of services.

3. Agreement to Terms

We grant you a limited, revocable, non-transferable license to access and use the Website in accordance with our policies.

4. Description of Services

The Website enables Users to communicate with Protocol Software Development and access our services.

5. Registration Process

N/A

6. Payment

Payments may be made only if payment functionality is enabled:

  • Credit Card: We may require additional verification before access is granted.

  • Electronic Funds Transfer (EFT) / Bank Transfer

  • Certain Cryptocurrencies

Access may be withheld until verification or authorization is complete.

7. Delivery of Goods

N/A

8. Warranties by the User

The User warrants that:

  • Personal information provided is accurate and updated when necessary.

  • User is not impersonating another person or violating any applicable law.

  • Login details are for personal use only and not shared with third parties.

  • User will be liable for services purchased once login details are used, even if unauthorized.

9. Warranties by Protocol Software Development

We make no representations or warranties that the Website or Services will:

  • Meet a User’s needs

  • Be accessible at all times

  • Be accurate, complete, or current

  • Be free from viruses

Services are provided “as is,” without warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Unauthorized Use

Users may not:

  • Use the Website for unlawful purposes

  • Send spam or unsolicited emails

  • Introduce viruses or malicious code

  • Redistribute or sell information from the Website without consent

  • Remove or alter copyright notices or watermarks

Users are responsible for compliance with all applicable laws while using the Website.

11. Links to Other Websites

The Website may contain links to third-party websites. We are not responsible for their content or privacy practices.

12. Limitation of Liability and Indemnity

  • Use of the Website is at the User’s own risk.

  • We are not liable for any indirect, punitive, or consequential damages.

  • Users indemnify us against any claims, losses, or damages arising from misuse or breach of these Terms.

13. Copyright and Intellectual Property

  • The Website and its content are our property and protected under South African and international copyright laws.

  • Users may not copy, reproduce, redistribute, or display content without permission.

  • Users may not reverse engineer, decompile, or misuse any part of the Website.

14. Breach

If either Party breaches the Terms and fails to remedy it within 7 days, the other Party may cancel the Terms, claim damages, or demand specific performance.

15. Arbitration

  • Disputes should first be attempted to resolve informally within 7 days.

  • If unresolved, a mediator may be appointed within 10 days.

  • If mediation fails, disputes are referred to arbitration under the Arbitration Foundation of South Africa (AFSA).

  • Arbitration shall take place in Gauteng, in English, and with a view to complete within 21 days.

  • Decisions are final, binding, and enforceable by a court of competent jurisdiction.

16. Assignment and Novation

  • We may assign or novate our rights or obligations without the User’s consent.

  • Users may not assign or novate their rights.

17. Force Majeure

  • Neither Party is liable for failure to perform obligations due to Force Majeure events.

  • If the event continues for more than 14 days, either Party may cancel services by written notice.

18. General

  • Terms are governed by South African law.

  • Disputes will be submitted to competent South African courts.

  • Severable provisions do not affect remaining Terms.

19. Contact Information

Protocol Software Development

User: The address provided when registering on the Contact Us page.

Notices are valid if delivered in writing, by email, and are presumed received on the date of delivery.

Download Terms of Service