Terms Of Service

PCE Automation (Pty) Ltd Terms Of Service

The use of services from PCE Automation (Pty) Ltd, constitutes agreement to these terms. You may view our Privacy Policy.

This agreement governs your purchase and use of any of the PCE Automation (Pty) Ltd products (collectively called “services” or “account/s”), ordered by you, the customer. This Agreement explains the terms and conditions that apply to your purchase and the use of your account with PCE Automation (Pty) Ltd  on the server space allocated to you. Before you may use PCE Automation (Pty) Ltd’ services and create an account with us you must register and accept this Agreement by clicking the Acceptance Checkbox at the end of this Agreement. This Agreement exists to define the agreement between you and PCE Automation (Pty) Ltd and to ensure that our customers are using our Services with regard to the rights of other internet users and in conformity with the requirements of our network environment.

Acceptable Use

You are required to use your account responsibly. This includes respecting the other customers of PCE Automation (Pty) Ltd. Subject to the terms and conditions of this agreement, PCE Automation (Pty) Ltd grants you a non-exclusive, non-transferable, limited license to access, display and use our services, web site, and forum. You shall comply with all copyright laws worldwide in your use of your account prevent unauthorized copying of its contents. Except as provided in this Agreement, PCE Automation (Pty) Ltd does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

Prohibited Use

PCE Automation (Pty) Ltd servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited.

Examples of prohibited use include, but are not limited to:

1. Materials subject to trademark, copyright or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. Links to other providers and falsely claiming automation services being provided;
2. Material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws;
3. Unauthorized use or disclosure of private, personally identifiable information, or proprietary information of others;
4. Adult-oriented sites, pornography and sex-related merchandising , including sites that may infer sexual content of any kind or provide links to adult content elsewhere. PCE Automation (Pty) Ltd also prohibits sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or is otherwise objectionable;
5. And storage, posting, display, transmission, advertising of or otherwise making available child pornography.

In leasing a automation services, all PCE Automation (Pty) Ltd customers certify that they and/or the organization they represent in procuring services from PCE Automation (Pty) Ltd are not, nor have been designated, a suspected terrorist as defined in the laws of South Africa and your country; are not owned or controlled by a ‘suspected terrorist’ as defined in in the laws of South Africa and your country; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the laws of South Africa and your country and all updates thereto.

Usage of Allotted Resources

Customer agrees that bandwidth and account usage shall not exceed the number of megabytes agreed to in the stipulated measurements outlined on the web site at the time of sign-up (or other measurements of services in the form of gigabytes, terabytes, etc.) per month for the services ordered by customer. PCE Automation (Pty) Ltd will monitor customer’s bandwidth and automation service usage. Customer agrees that bandwidth allowances represent the sum of the incoming and outgoing allowances. Once a plan reaches the bandwidth allowance, the plan will automatically be suspended until the next calendar month or until the plan’s bandwidth allowance is upgraded. Bandwidth calculations are updated daily and are not in real time. Therefore, customer agrees that the sum of incoming and outgoing bandwidth usage that exceeds the plan’s allowance shall be billed to customer’s account. Upon non-receipt of payment, all exceeded bandwidth shall be debited from the following month’s allocated bandwidth, and further so until all excess bandwidth has been accounted for. Further, if PCE Automation (Pty) Ltd’ automated system fails to suspend a plan when reaching the plan’s bandwidth allowance, customer agrees be billed for each Gigabyte of bandwidth usage in excess of the plan’s bandwidth allowance. PCE Automation (Pty) Ltd shall have the right to take corrective action if customer’s disk usage exceeds the agreed usage, including but not limited to deletion of all plan files, termination of this agreement or suspension of all services. Such actions may be taken in PCE Automation (Pty) Ltd’ sole and absolute discretion.

Usage of Server Resources

In order to preserve the integrity of PCE Automation (Pty) Ltd’ services and provide customers with PCE Automation (Pty) Ltd’ 99.9% uptime guarantee, PCE Automation (Pty) Ltd must be able to regulate its customers’ use of server resources. Therefore, Customer agrees that customer shall not use excessive amounts of server resources (such as, but not limited to, CPU & Memory usage) on any of PCE Automation (Pty) Ltd’ servers. PCE Automation (Pty) Ltd shall define “excessive amounts of server resources” as using any form of server resource in a manner which noticeably hinders the quality of any service. Customer agrees to be held under strict liability for assuring reasonable server resource usage. Any violation of this policy will result in immediate account termination and imposition of an administrative fee proportional to damages caused. PCE Automation (Pty) Ltd shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. PCE Automation (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Mass Emailing Policy

Each hosting plan is limited to sending no more than 200 emails in any 60 minute period. This policy is necessary to protect the quality of PCE Automation (Pty) Ltd’ automation service, as mass emailing can consume excessive amounts of server resources, which negatively impacts the quality of hosting service other clients receive. First violations of this policy will result in an administrative fee proportional to damages caused, and immediate account suspension. To be re-activated, the client must provide a written and signed statement stating “I have read, understood, and agree to PCE Automation (Pty) Ltd’ Mass Emailing Policy”. Any second violation of this policy will result in immediate account cancellation and imposition of a further administrative fee proportional to damages caused. PCE Automation (Pty) Ltd shall not refund to customer any fees paid in advance of such cancellation and customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, customer shall be obligated to pay 100% of all charges for all services for each month remaining in the Term. PCE Automation (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

E-mail Spamming Prohibited

“Spamming” includes the sending of unsolicited bulk and/or commercial messages over the Internet using PCE Automation (Pty) Ltd’ services or through another ISP or IPP with a reference to PCE Automation (Pty) Ltd or a website hosted by PCE Automation (Pty) Ltd, maintenance of an open SMTP policy, and selling or distributing software (on a Web site residing on a PCE Automation (Pty) Ltd server) that facilitates the foregoing. Spamming is prohibited. Violators will be assessed a fine and may have their plan(s) terminated or suspended. PCE Automation (Pty) Ltd reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
2. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
3. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting;
4. Distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information;
5. Any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic;
6. Interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet;
7. Any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner;
8. Any form of avoidance of system restriction; and
9. Any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords.

Fraudulent Content

Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the plans, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited. Links to other Automation Services or Web Hosting providers and falsely claiming Automation Service being provided.

Violation of this Agreement

If PCE Automation (Pty) Ltd becomes aware of any violation or threatened violation of this agreement, PCE Automation (Pty) Ltd may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to PCE Automation (Pty) Ltd’ services and equipment or to the Internet, removal of all or a portion of the information stored on PCE Automation (Pty) Ltd’ servers, suspension of any and/or all services, or termination of this agreement. In the event PCE Automation (Pty) Ltd is required to suspend services or terminate this agreement, PCE Automation (Pty) Ltd shall not refund any of the fees paid in advance of such corrective action. In addition, PCE Automation (Pty) Ltd may charge you for any costs or expenses it incurs as a result of the threatened or actual violation of this agreement. You agree that PCE Automation (Pty) Ltd shall have no liability to you or any of your customers as a result of any corrective action PCE Automation (Pty) Ltd may take (including, without limitation, termination of services). You are expected to cooperate with PCE Automation (Pty) Ltd in any corrective or preventive action that PCE Automation (Pty) Ltd deems necessary.

Service Level Guarantee

1. PCE Automation (Pty) Ltd guarantees a 99.9% up time service level. If you are unable to obtain 99.9% access to your automation service, PCE Automation (Pty) Ltd will, on an as-requested basis, issue a pro rated credit to you for future services conditional upon your submission of proof that 99.9% up time was not achieved as documented by an industry recognized and reputable third party monitoring service such as that of Alertra.com service. This guarantee shall not apply in the event of Force Majeur (as described below), scheduled maintenance periods, inability to access applications or scripts running on the server or if customer’s account is not in good standing at the time of the outage.
2. Bot Building and Support and Technical Support will be provided by PCE Automation (Pty) Ltd and a Call out fee of R850.00 will be charged to the client’s account.
3. Consultation and Technical Support will be billed at an Hourly rate of R850.00 per hour.
4. Prices are indicated in our Pricing Packages. Any additional Pages to your Automation Services and Development will be billed at R850.00 per page.
5. Full payment for services rendered must be made within 3 days upon receipt of invoice(s).
6. PCE Automation (Pty) Ltd reserves the right to suspend your services or terminate your account should full payment not be received within the stipulated period.
7. PCE Automation (Pty) Ltd reserves the right to change prices of its Automation Products, Call Out Fees, Consultation and Technical Support charges without prior notice verbal or in writing.

30-Day Money Back Guarantee

If you are not completely satisfied for any reason within the first 30 days of purchasing a hosting account, you will be given a full refund of the fees paid in advance upon plan cancellation. The 30-Day Money Back Guarantee is only available to new customers and cannot be invoked by anyone who has ever previously been a customer of PCE Automation (Pty) Ltd or has been a customer of PCE Automation (Pty) Ltd for over 30 days. The following services are not covered by the 30-Day Money Back Guarantee and are non-refundable for any reason: additional items and services; domain name registration; plan renewals; plan upgrades; plan term extensions; SSL certificates; and overage fees. To invoke the 30-Day Money Back Guarantee, you must cancel your plan exactly as outlined in the “Termination by Customer” section of this agreement within 30 days of purchase. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE AFTER 30 DAYS OF PURCHASE.

Refunds

Refunds are only available in accordance with the 30-Day Money Back Guarantee. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED, OR AVAILABLE OUTSIDE PCE Automation (Pty) Ltd’ 30-DAY MONEY BACK GUARANTEE.

Refunds will be processed 30 Days from the date of cancellation.

No refunds will be issued for Domain Registration since this service is already paid for at cost of PCE Automation (Pty) Ltd.

PCE Automation (Pty) Ltd. reserves the right to decide on the amount of any refund. PCE Automation (Pty) Ltd. will assess each refund on a case per case basis.

Term of this agreement

The term of this agreement shall be of the same time span as the longest automation service plan which customer, unless otherwise terminated under this Agreement. The Term shall begin upon commencement of the services to the customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.

Termination by Customer

All plans automatically renew until terminated. In order to terminate or cancel your plan, you will be required to submit all details of your account to PCE Automation (Pty) Ltd at billing@pceautomation.com from the e-mail address you used to register your account. If your e-mail address has changed and you have neglected to update us with the new address, an account termination will not be possible under any circumstances. Attempts to cancel by phone, live chat, or any other method will be rejected and billing will continue until these instructions have been followed. Please be aware that there are absolutely no refunds available outside the 30-day money-back guarantee. Termination requests must be received a minimum of SEVEN (7) days prior to the end of your plan’s term to prevent automatic renewal. If a plan has already been renewed, there are absolutely no refunds available for any reason. PCE Automation (Pty) Ltd is unable to cancel your account effective for a future date. Once the account termination request has been submitted, your request will be placed in our service cancellations queue and you will receive a confirmation email as soon as the request has been processed. If you do not receive an email within 24 working hours, your request was not received! The confirmation email will contain a Ticket ID, which is your proof of submission and can be used to track the status of your termination request.

Knowledge and Expertise

Use of the Plan(s) requires a certain amount of knowledge of Internet programming Languages, protocols and software, and other technological information. By establishing a Plan, you or your webmaster represent that you have the knowledge necessary to maintain your website. PCE Automation (Pty) Ltd will not advise, teach, supply or provide any such knowledge or customer support outside of the scope of the Plan(s).

Clients are expected to understand how Web Hosting works. If not then they can learn more about What is Web Hosting and How does it work.

PCE Automation (Pty) Ltd/Customer Communications

Customer shall direct all communications through our ticket system, forum, telephone, live support, or e-mail. All relevant details are provided on our main site.

Ownership of Website

You have granted PCE Automation (Pty) Ltd the right to create and or develop and or edit your automation functions and bots only on your request or have previously developed, planned and created source and object code for purposes of creating an operational Web site (collectively, the “Website”). The Website is owned exclusively by you or your agents. In the event a dispute arises over ownership of your websites and/or the Plan established with PCE Automation (Pty) Ltd, you agree to fully comply with any and all of PCE Automation (Pty) Ltd’ security measures.

Shared Internet Protocol (IP) Address Ownership

During the Term of this Agreement, PCE Automation (Pty) Ltd will provide you with a restricted license to use a shared Internet Protocol (“IP”) address. You may use the IP address only as provided by PCE Automation (Pty) Ltd. PCE Automation (Pty) Ltd shall maintain and control ownership of all IP numbers and addresses that may be assigned to the customer by PCE Automation (Pty) Ltd, and PCE Automation (Pty) Ltd reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. You agree that PCE Automation (Pty) Ltd will not be held liable for any downtime of the third-party hosted services such as e-mail hosted exchanges.

Advertising & Marketing

You agree that during the term of this Agreement PCE Automation (Pty) Ltd may publicly refer to you on all social media platforms, orally and in writing, as a customer of PCE Automation (Pty) Ltd. Any other public reference requires your written consent.

Warranties and Representations

You warrant and represent to PCE Automation (Pty) Ltd that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third-party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through the use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

Disclaimers and Limitations

You expressly agree that the use of Services or any information provided by PCE Automation (Pty) Ltd is at your sole risk. Neither PCE Automation (Pty) Ltd, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does PCE Automation (Pty) Ltd make any warranty as to the results that may be obtained from the use of the Services.

THE SERVICES, WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. PCE Automation (Pty) Ltd AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEBSITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities

YOU AGREE THAT NEITHER PCE Automation (Pty) Ltd NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL PCE Automation (Pty) Ltd OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY PCE Automation (Pty) Ltd OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON PCE Automation (Pty) Ltd’S SITES, YOUR USE OF, OR INABILITY TO USE PCE Automation (Pty) Ltd’S SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PCE Automation (Pty) Ltd OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Notwithstanding anything to the contrary in this Agreement, PCE Automation (Pty) Ltd’ maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. The terms of this section shall survive any termination of this Agreement.

Indemnification

Customer shall defend, indemnify and hold harmless PCE Automation (Pty) Ltd, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on PCE Automation (Pty) Ltd’ servers, the Customer’s web site or an end user’s use of the such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by PCE Automation (Pty) Ltd, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of Customer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by PCE Automation (Pty) Ltd to provide the Services, including any damage to PCE Automation (Pty) Ltd’ servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.

Disclosure

PCE Automation (Pty) Ltd may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on PCE Automation (Pty) Ltd’ system in order to abide by any applicable laws, lawful governmental requests, to protect PCE Automation (Pty) Ltd’ systems and customers, or to provide and protect the quality, functionality, and integrity of PCE Automation (Pty) Ltd’ business and equipment.

Compliance with Law

You agree that when using our Services you shall comply with all applicable laws and regulations. You shall not use the Plan(s) or the Services in any way that violates South African or your resident country’s export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by South African law or on the South African Treasury Department’s list of Specially Designated Nationals or the South African Department of Commerce’s Table of Denial Orders.

Severability

In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.

Copyright or Trademark Infringement

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All PCE Automation (Pty) Ltd customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a PCE Automation (Pty) Ltd customer (per the DMCA) to PCE Automation (Pty) Ltd must follow the below procedures. Copyright infringement notifications submitted to PCE Automation (Pty) Ltd according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at PCE Automation (Pty) Ltd’ sole discretion.

DMCA Copyright Infringement Notification Requirements:

1. Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. Identification of the material claimed to infringe the copyright(s), and enough information for PCE Automation (Pty) Ltd to locate it including URLs and specific descriptions of the infringing material at each URL.
4. The Claimant’s name, address, and telephone number(s).
5. A statement that the Claimant has a good faith belief that the use of the disputed material is not authorized by the copyright owner or his agent.
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Assignment

You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of PCE Automation (Pty) Ltd. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. PCE Automation (Pty) Ltd may assign its rights and obligations under this Agreement and may engage subcontractors or agents to perform its duties and exercise its rights hereunder, without the consent of the Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

No Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.

Minimum Age Requirement

PCE Automation (Pty) Ltd customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a PCE Automation (Pty) Ltd customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for PCE Automation (Pty) Ltd services, and such primary liability will continue even when the Minor has attained the age of 18 unless the parent or guardian obtains PCE Automation (Pty) Ltd’ express written consent to the contrary.

Force Majeure

PCE Automation (Pty) Ltd will not be liable for delays in its performance of this Agreement or provision of Services which are caused by circumstances beyond PCE Automation (Pty) Ltd’ reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, looting, floods, water damage, explosions, shortages of labour or materials, labour disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). PCE Automation (Pty) Ltd will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between PCE Automation (Pty) Ltd and its customers. Each of PCE Automation (Pty) Ltd and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this Agreement, the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.

PCE Automation Affiliate Agreement

By filling out the signup form, you acknowledge that you have read and agree with the terms and conditions associated with this affiliate program.

1. Purpose

PCE Automation (Pty) Ltd. is in the business of Automation Services, Bulk SMS, I.T. Support,  and Mobile Application Development services rendered through but not limited to their Automation Packages.

  • PCE Automation (Pty) Ltd. is desirous of gaining additional clients/customers for Services rendered through but not limited to Automation Services, Bulk SMS, I.T. Support, and Mobile Application Development services.
  • The Affiliate is in a position to refer potential clients/customers to PCE Automation (Pty) Ltd.
  • Unless otherwise stated, PCE Automation (Pty) Ltd. may also refer clients to the Affiliate.

2. Referral Arrangement

Upon the Effective Date of this Agreement, the Affiliate may, from time to time, refer potential clients/customers to PCE Automation (Pty) Ltd.

  • PCE Automation (Pty) Ltd. will pay The Affiliate, a fee for these referrals.
  • The Affiliate will provide their bank account for moneys to be transferred via Electronic Funds Transfer (EFT) into their bank account.
  • PCE Automation (Pty) Ltd. will not be responsible for bank charges incurred by the Affiliate during transactions.
  • The Affiliate must consult their local bank for any local and international transaction fees charged by their bank.
  • The Affiliate earns a 15% commission for every successful signup.
  • From our affiliate dashboard The Affiliate will be able to keep track of clicks, referred sales and commissions earned.
  • We will give The Affiliate all the resources they need to succeed including promotional materials and a dedicated affiliate manager.
  • The Affiliate get commissions paid out monthly.
  • This Affiliate Program is for Packages on our Online Store.
  • The Affiliate can post their Promotion Link to their social media platforms and earn.
  • The Affiliate can link other pages on our website to their profile and earn.
  • The Affiliate must remember to update their payment details on their profile.

3. Agreement Terms

This Agreement shall commence upon the Effective Date, as stated above, and will continue until The Affiliate or PCE Automation (Pty) Ltd. cancels the agreement according to the terms stated in the Termination clause (Section 8) below.

  • The Affiliate and the Customer agree to adhere to the terms of this agreement and the Terms and Conditions stated on the website of PCE Automation (Pty) Ltd.
  • The URL for the Website Terms of Service: https://www.pceautomation.com/terms-of-service.
  • The Affiliate will email signed copies of this agreement with a copy of their I.D. and Proof of Residence to affiliates@pceautomation.com.
  • The Affiliate will keep the originals for future reference.
  • The Affiliate agrees to sign up will sign up by creating their account at the URL https://www.partners.pceautomation.com/
  • The Affiliate will use their Affiliate tracking code at all times during client signups.
  • The Affiliate tracking code is provided by PCE Automation (Pty) Ltd.
  • PCE Automation (Pty) Ltd. will confirm acceptance of this agreement in writing to the Affiliate.

4. Compensation

PCE Automation (Pty) Ltd. shall pay the Affiliate, 15% once-off for each successful referral, where a successful referral is defined as a referral that becomes a client/customer of PCE Automation (Pty) Ltd.

  • PCE Automation (Pty) Ltd. shall not pay the Affiliate 15% once-off for each unsuccessful referral, where an unsuccessful referral is defined as a valid referral candidate that does not become a client/customer of PCE Automation (Pty) Ltd. through no fault of the Affiliate or PCE Automation (Pty) Ltd.; and a valid referral candidate is a potential client/customer that meets the specifications stated in the Purpose (Section 1) above.
  • The Affiliate must successfully sign up and verify their account according to the Affiliate Signup (Section 6). Unverified accounts will not be deemed as a valid sign-up.
  • The Affiliate will use their Affiliate tracking code at all times during client signups.
  • The Affiliate will request a funds withdrawal from their account.
  • PCE Automation (Pty) Ltd. shall pay The Affiliate within thirty (60) days of a completed referral, where a completed referral will be the engagement of the new client/customer or definitive action that the referral will become a new client/customer.

5. Confidentiality

During the course of this Agreement, it may be necessary for PCE Automation (Pty) Ltd. to share proprietary information, including trade secrets, industry knowledge and other confidential information, to The Affiliate in order for The Affiliate to seek out potential referrals.

  • The Affiliate will not share any of this proprietary information, including trade secrets, industry knowledge and other confidential information at any time, during or after this agreement has been terminated.
  • The Affiliate also will not use any of this proprietary information, including trade secrets, industry knowledge and other confidential information for his/her personal benefit at any time, during or after this agreement has been terminated.
  • This section, Confidentiality, remain in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
  • Affiliate Signup

The Affiliate will create an account on the PCE Automation Affiliates Portal, URL: https://www.partners.pceautomation.com. Only one affiliate account per Affiliate will be allowed.

  • The Affiliate must successfully sign up and verify their account.
  • Unverified accounts will not be deemed as a valid sign-up.
  • The Affiliate must use their Affiliate tracking code during their referrals for funds to be allocated to their account.
  • The Affiliate will use their Affiliate tracking code at all times during client signups.

6. Website Design and Product Packages

The Affiliate must familiarize themselves with the Automation Packages on the PCE Automation Website. The Automation Packages URL: www.pceautomation.com

7. Online Store and Product Packages

The Affiliate must familiarize themselves with our Online Store Packages on the PCE Automation Website. The Automation Packages URL: www.pceautomation/shop

8. Termination

This Agreement may be terminated at any time by either Party upon 30 days written notice to the other party. Upon termination, PCE Automation (Pty) Ltd. shall pay The Affiliate all compensation due and owing for referrals made prior to the date of termination, but not yet paid.

9. Representations and Warranties

Both Parties represent that they are fully authorized to enter into this Agreement.

  • The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually and any other person, organization, or business or any law or governmental regulation.

10. Indemnity

The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section, Indemnity, remain in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PCE Automation (Pty) Ltd BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

12. Disclaimer of Warranties

The Affiliate shall refer potential clients/customers as requested by PCE Automation (Pty) Ltd. THE AFFILIATE DOES NOT REPRESENT OR WARRANT THAT SUCH REFERRALS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE AFFILIATE HAS A RESPONSIBILITY TO ADHERE TO AND CONDUCT ETHICAL BUSINESS PRACTICES WITH PCE Automation (Pty) Ltd AND CLIENTS/CUSTOMERS. PCE Automation DISTANCE ITSELF AND WILL NOT BE LIABLE FOR ANY CORRUPTION SCANDALS, SHOULD THE AFFILIATE BE IMPLICATED IN SUCH ACTIVITIES. PCE Automation (Pty) Ltd. RESERVES THE RIGHT TO CONTINUE WITH A PROJECT SHOULD THE REFERRAL NOT LEAD TO PCE Automation (Pty) Ltd’S DESIRED RESULT(S). THE AFFILIATE UNDERSTANDS THAT THEY NEED TO MAKE THE CLIENT/CUSTOMER AWARE OF THE CONDITIONS STATED IN THIS AGREEMENT.

13. Severability

In the event of any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

14. Waiver

The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

15. Legal Fees

In the event of a dispute resulting in legal action, the successful party will be entitled to pay their own legal fees, including, but not limited to its attorneys’ fees.

16. Legal and Binding Agreement

This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the Republic of South Africa and throughout the Republic of South Africa, United States of America, Europe, Asia and Africa. The Parties each represent that they have the authority to enter into this Agreement.

17. Governing Law and Jurisdiction

The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by the Republic of South Africa law.

18. Entire Agreement

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any document, correspondence or other communication, of Customer or PCE Automation (Pty) Ltd, the terms and conditions of this Agreement shall control unless otherwise set forth in this Agreement.

BULK SMS

SMS Routes:

– We use only Premium Routes for SMS which will be able to handle the traffic and give reliable reporting.
– We do not make use of grey routes/sim farms because they will not be able to handle this kind of traffic or provide you with any reliable reporting.

BULK SMS Billing:

– Billing will be based on prepaid SMS only (upfront payment).
– No advances of SMS Credit will be allowed.
– Billing will be in ZAR only since the rand dollar exchange fluctuates daily.
– We need your Business Address and Business Registration Number.
– The South African Revenue Services requires us to bill 15% VAT, since the billing amount will exceed 1 million ZAR.

API Access:

– API access is granted for you to send SMS from your system.
– SMPP testing must be completed and signed off.

BULK SMS Notes / Terms

1. Acceptance of quotation subject to full payment before delivery
2. SMS Service is provided on a strict pre-paid basis.
3. No advances in SMS Credits will be allowed.
4. SMS Rate quoted for delivery to South African mobile numbers only based on strict minimum volume purchased.
5. SMS Credit refers to a single standard SMS with a defined length and character allocation.
6. SMS Credits expire after 1-year of purchase.
7. SMS delivery is best effort.
8. Final delivery of SMS’s is dependent on the respective mobile network.
9. SMS Credits are usage is applied, regardless of the final successful, or unsuccessful delivery of the SMS by the network.
10. Clients are expected to use the SMS Service in accordance with South African legislation – POPI Act. Violation may result in the suspension of services.
11. Clients are expected to respect Opt Out and No Contact Requests as required by South African legislation. Violation may result in the suspension of services.
12. SMS Credits are not refundable or transferable.
13. Please use the invoice number as the payment reference.
14. Please forward confirmation of payment to billing@pceautomation.com
15. In the event of cancellation of an order placed for equipment as proposed, PCE Automation (Pty) Ltd. reserves the right to charge a cancellation fee before cancellation to the amount of 50% of the order value.
16. Under no circumstances is cancellation acceptable after the installation as agreed upon by acceptance of the quotation and/or order placement.
17. Ownership of the product/s shall not pass to the customer until the purchase price of the equipment has been paid in full.
18. Quotation is based on the ruling exchange rate at the time of order acceptance. We reserve the right to apply exchange rate variations ruling at the time of order acceptance.
19. Quotation is valid for 7-days.
20. Delivery within 2-working days from receipt of payment.
21. Errors & Omissions Excluded.

Modification

PCE Automation (Pty) Ltd may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. PCE Automation (Pty) Ltd does not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of PCE Automation (Pty) Ltd’ Plan(s) will be the reflection of your cooperation and acceptance of any changes or modifications.

Complaints

If you believe that another customer has violated this Agreement, please send communication to PCE Automation (Pty) Ltd via our helpdesk at support@pceautomation.com.

Acceptance

By clicking the following checkbox (also known as Acceptance Checkbox) you acknowledge that you have read this User Agreement and agree to be bound by the terms and conditions contained in this document as well as all policies and guidelines incorporated by reference. You further agree that the act of submitting your Order Form online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge.

 Contacting us:

If you have any questions about our Terms Of Service, the practices of this site

or your dealings with this site, please contact us at:

PCE Automation (Pty) Ltd.
555 33rd Avenue, Villieria, Pretoria, Gauteng, South Africa, 0186
M: +27840458137 | M: +27615171751
E: support@pceautomation.com