Terms and Conditions
These Terms are binding on any use of the Service and apply to You from the time that Netpractice provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 07 November 2014
1. Important Notices
1.1. This Agreement contains the terms and conditions on which Netpractice (Pty) Ltd provides Online Medical Billing and Practice Managemenet Services and Apparatus to You.
1.2. This Agreement replaces all prior terms and conditions previously agreed between you and Netpractice that relate to the same subject matter as this Agreement.
1.3. Devise options dependent on stock availability last. For more details visit www.netpractice.co.za. E and OE (Errors and Omissions excluded). All prices shown exclude VAT
2.1. In this Agreement certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below
2.1.1. “Activation Date” shall mean the date of the activation of the SIM card on the Network;
2.1.2. “Agreement” shall mean these terms and conditions together with all schedules, and documents attached to these terms and conditions, as well as all amendments that may be made to these terms and conditions from time to time in terms of clause 26 below;
2.1.3. “Apparatus” means any mobile, transportable or portable device, tablet, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network;
2.1.4. “Customer” or you shall mean the Subscriber entering into this Agreement with Netpractice;
2.1.5. “Financial Services” shall mean long and short term insurance services and/or products provided by Netpractice Financial Services (Pty) LTD, which are wholly owned subsidiaries of Netpractice (Pty) Ltd, or its financial partners, and such services and products are governed by the Insurance Terms and Conditions contained in this document
2.1.6. “Initial Period” shall mean a period of 24 (twenty four) months;
2.1.7. “Pay Per Use” shall mean subscription option where the Customer or Subscriber is not bound by Initial Period with Netpractice and will not receive an Aparatus
2.1.8. “Renewal Period” means a period of 24 (twenty four) months, which period shall commence on or after the expiry of the Initial Period;
2.1.9. “the services” shall mean:
188.8.131.52. The means the online practice management service, medical billing and personal health information service made available (as may be amended or updated from time to time by Netpractice) via the Website.
184.108.40.206. Value Added Services and/or Financial Services (provided by Netpractice s Group of Companies)
2.1.10. “Access Fee” shall mean the monthly fee payable by you in respect of access to Netpractice online system (excluding any taxes and duties) in accordance with the fee schedule set out on the Website or Subscription Form (which Netpractice may change from time to time on notice to You).
2.1.11. “Renewal” shall mean the transaction, which will take place during, on or after the expiry of the Initial Period, in terms of which Netpractice may supply you with a new Apparatus for which partial or complete payment may be required and the simultaneous renewal of this Agreement by you for the Renewal Period;
2.1.12. “Subscriber” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
2.1.13. “Sub User” means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
2.1.14. “Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
2.1.15. “Data” means any data inputted by You or with Your authority into the Website.
2.1.16. “Website” means the Internet site at the domain www.netpractice.co.za or any other site operated by Netpractice
2.1.17. “Netpractice Group” shall mean any of the Netpractice group of companies including Netpractice, any subsidiaries of Netpractice, any holding company of Netpractice and/or any subsidiaries of such holding company;
2.2. When considering this Agreement, please note that
2.2.1. words indicating any one gender shall include the others and the singular shall include the plural;
2.2.2. days shall mean calendar days unless qualified by the word business, in which instance a business day shall mean any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; and
2.2.3. unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
2.2.4. The use of the expression but not limited to by Netpractice indicates that the prescribed list is not a closed one and that there may be other matters not listed to which the clause applies.
3. Use of Software
3.1. Netpractice grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your Access type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Sub Users, or any other applicable laws:
3.1.1. the Subscriber determines who is a Sub User and what level of user role access to the relevant organisation and Service that Sub User has;
3.1.2. the Subscriber is responsible for all Sub Users use of the Service;
3.1.3. the Subscriber controls each Sub Users level of access to the relevant organisation and Service at all times and can revoke or change a Sub Users access, or level of access, at any time and for any reason, in which case that person or entity will cease to be a Sub User or shall have that different level of access, as the case may be.
3.2. If there is any dispute between a Subscriber and a Sub User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Sub User shall have, if any.
4.1. This Agreement will commence on registering to use this service, subject to the terms and conditions of this Agreement and shall continue for the Initial Period. After the Initial Period this Agreement will automatically renew subject to any changes which we have notified you.
5. Charges payable by you and your payment obligations
5.1. The Access Fee shall be due and payable to Netpractice by you as indicated on the invoice received from Netpractice, until expiry of the Initial Period and/or Renewal Period, as the case may be. Despite the previous sentence of this clause 5.1, Netpractice shall have the right to request you to pay the first months Access Fee in full on registration as user.
5.2. You are responsible for payment of all taxes and duties in addition to the Access Fee.
5.3. The service will automatically be suspended or de-activated on the due date of the invoice, You are responsible for all reconnection fees for reactivation of the Service.
5.4. In order to ensure the entegrity and safety of your data Netpractice may impose limits on the maximum value of the transactions you may process in relation to the Services provided by Netpractice during any one billing period. Should you exceed such maximum value then Netpractice may suspend the Services to you until any other charges that may be due, have been paid in full.
5.5. In addition to the monthly Access Fees levied by Netpractice, you will also pay to Netpractice all other charges relating to any other service, incurred in respect of the Services and/or any Apparatus or other equipment purchased by you from Netpractice within 15 (fifteen) days of date of Netpractice s invoice. Netpractice s invoice will itemize the amounts charged to you.
5.6. A computerised account or a certificate signed by a Credit Manager of Netpractice, (whose designation need not be proved), setting out the amount due by you to Netpractice shall be taken as proof in the absence of any evidence to the contrary of such amounts as well as the due date thereof and Netpractice shall not be required to provide further proof of the indebtedness unless you can show, on the face of it, that the amount set out in the computerized account or certificate is incorrect.
5.7. The charges levied by Netpractice may vary from time to time and Netpractice shall provide you with at least 20 (twenty) business days notice of such variations before they take effect. You shall be bound to pay such varied charges with effect from the date of publication thereof by either Netpractice and/or Netpractice unless you exercise your right of termination as provided for in this Agreement.
5.8. If so required by Netpractice in its sole discretion you must make payment of all amounts due to Netpractice by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of Netpractice to draw against your banking account for the duration of this Agreement without the written consent of Netpractice
5.9. All fees, charges and prices set out in this Agreement and/or any price list from time to time are exclusive of Value Added Tax which shall additionally be borne and paid for by you at the prevailing rate from time to time unless otherwise stated.
6. Preferential pricing or discounts
6.1. You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of transactions You perform using the Service. Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that Netpractice may have under these Terms or at law, Netpractice reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date of payment.
7. General Obligation
7.1. You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Netpractice or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You
8. Value-Added Services
8.1. You acknowledge and agree that should you subscribe to any additional service(s) provided by Netpractice (value-added service(s)), the provision of such value-added service(s) by Netpractice will be subject to Netpractice s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with; and
9. Access Conditions
9.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Netpractice of any unauthorised use of Your passwords or any other breach of security and Netpractice will reset Your password and You must take all other actions that Netpractice reasonably deems necessary to maintain or enhance the security of Netpractice s computing systems and networks and Your access to the Services.
9.2. As a condition of these Terms, when accessing and using the Services, You must:
9.2.1. not attempt to undermine the security or integrity of Netpractice s computing systems or networks or, where the Services are hosted by a third party, that third partys computing systems and networks;
9.2.2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
9.2.3. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
9.2.4. not transmit, or input into the Website, any files that may damage any other persons computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
9.2.5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation
10. Access Limitations
10.1. Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Netpractice s application programming interface. Any such limitations will be specified within the Service
10.2. “Technical Problems” In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Netpractice. If You still need technical help, please check the support provided online by Netpractice on the Website or failing that email us at email@example.com
10.3. “Service Availability” Whilst Netpractice intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Netpractice has to interrupt the Services for longer periods than Netpractice would normally expect, Netpractice will use reasonable endeavours to publish in advance details of such activity on the Website or by email.
12. Intellectual Property
12.1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Netpractice (or its licensors)
12.2. Ownership of Data. Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Netpractice Subscription and Access Fee when due. You grant Netpractice a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You, including statistic and analysis purposes.
12.3. Backup of Data. You must maintain copies of all Data inputted into the Service. Netpractice adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Netpractice expressly excludes liability for any loss of Data no matter how caused
12.4. Third-party applications and your Data. If You enable third-party applications for use in conjunction with the Services, You acknowledge that Netpractice may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Netpractice shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
13. Risk and Ownership
13.1. In the event of Netpractice providing you with Apparatus, then
13.1.1. from the moment the Apparatus is delivered to you, you will be responsible for and liable for all risk in and to the Apparatus which will include but not be limited to loss, damage, accidental damage, liquid damage, theft unauthorised use of the Apparatus subject to any applicable warranty provided with such Apparatus or imposed by operation of law; and
13.1.2. Netpractice will remain the owner of the Apparatus for the duration of the Initial Period, whereafter the subscriber shall become owner thereof.
13.1.3. Ownership of the SIM card allocated to you shall, at all times, remain vested in Netpractice. All risk in and to the SIM card which will include but not be limited to the loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the SIM Card shall pass to you upon delivery of the SIM Card.
13.2. The provisions of clause 13.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen the Renewal.
14. Listing of Apparatus
14.1. Should you fail to meet any payment obligations during the Initial Period or the Renewal Period, as the case may be, then Netpractice shall be entitled to prevent the further use of your Apparatus and you indemnify Netpractice in respect of any claim whatsoever arising from Netpractice exercising its right in terms hereof.
14.2. In the event of the theft or loss of Apparatus, you shall be obliged in terms of law to inform Netpractice of such theft or loss in order for Netpractice to list such Apparatus on the blacklists as determined by the prevailing policy of Netpractice from time to time. Netpractice shall effect such listing provided that all required information has been supplied by you.
14.3. For the purposes of this clause 10, blacklist shall mean the disablement by electronic or other means, of an Apparatus, thereby preventing its further use.
14.4. Netpractice shall be entitled to levy a reasonable charge for the listing referred to in clause 14.2 above and/or the removal of an Apparatus from the blacklist.
15. Disclosure of Information
15.1. You consent that Netpractice may, to the extent permitted by law, receive or disclose your personal information, documents, detailed records, credit profile information and/or any other credit information from or to
15.1.1. any credit providers, credit bureau or credit reporting agencies;
15.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
15.1.3. any of Netpractice s shareholders, related entities, suppliers, agents, professional advisors or any company within the Netpractice Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
15.1.4. any of Netpractice s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
15.1.5. any company within the Netpractice Group for any purpose connected with the Services or incentive scheme purposes.
15.2. Despite any part of this Agreement that may indicate otherwise, Netpractice shall be entitled to utilize your detailed records for any lawful purpose including but not limited to tracing and/or collection purposes
16. Your Acknowledgement
16.1. You acknowledge and agree that
16.1.1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else)
16.1.2. Netpractice has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself you agree that
220.127.116.11. You are responsible for ensuring that You have the right to do so
18.104.22.168. You are responsible for authorising any person who is given access to information or Data, and you agree that Netpractice has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
16.1.3. You will indemnify Netpractice against any claims or loss relating to
22.214.171.124. Netpractices refusal to provide any person access to Your information or Data in accordance with these Terms
126.96.36.199. Netpractices making available information or Data to any person with Your authorisation
16.1.4. The provision of, access to, and use of, the Services is on an as is basis and at Your own risk.
16.1.5. Netpractice does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Netpractice is not in any way responsible for any such interference or prevention of Your access or use of the Services
16.1.6. Netpractice is not Your Medical Aid or Medical Aid Administrator and use of the Services does not constitute the receipt of Medical Claims Processing Advice and Payments. If You have any questions relating to claims submitted and accepted by Medical Aids or Medical Administrators, please contact the Medical Aid or Medical Aid Administrator directly.
16.1.7. It is Your sole responsibility to determine that the Services meet the needs of Your business/practice and are suitable for the purposes for which they are used
16.1.8. You remain solely responsible for complying with all applicable healthcare and healthcare statutory bodies, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records)
16.1.9. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and
16.1.10. to the extent permitted by law, Netpractice shall not be liable for non-availability of the Services
16.1.11. Without limiting the foregoing, Netpractice does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
17.1. You indemnify and hold Netpractice and each company within the Netpractice Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Netpractice or any company within the Netpractice Group, which arises directly or indirectly out of a breach of the terms of this Agreement by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Netpractice or any company within the Netpractice Group or any of their respective employees, directors or agents.
17.2. Any claim by You against Netpractice arising from gross negligence or intentional misconduct of Netpractice or any company within the Netpractice Group or any of their respective employees, directors or agents, shall be limited to the Subscription and/or Access Fees paid by You in the previous 12 months
17.3. Without affecting the generality of 17.1 above, Netpractice shall not be liable to you for any breach of this Agreement or failure on Netpractices part to perform any obligations as a result of technical problems relating to the Network, Online System, Data Centre, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or international, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Netpractice
17.4 If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 20
18. Your Undertakings
18.1. Comply with all instructions issued by Netpractice which concern your use of the services, the Apparatus or related matters; and
18.2. not be entitled to commercially exploit the services in any manner whatsoever without Netpractices prior written consent.
18.3. provide Netpractice with all such necessary information as Netpractice may, in its sole discretion, reasonably and lawfully require;
18.4. engage with Netpractice, other members of the Netpractice Group and their respective staff and agents in a courteous, cordial and respectful manner at all times
19.1. Netpractice may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or de-activate your account determined by Netpractice, in any one of the following circumstances –
19.1.1. during any technical failure, modification or maintenance of the Service; or
19.1.2. in an event of non-payment by You
19.1.3. if you fail to comply with any of the terms and conditions of this Agreement; or
19.1.4. if so directed by the Regulatory Authority; or
19.1.5. in any other instance specifically provided for in this Agreement, and in such event, the provisions of clause 13 and where applicable, shall also apply, with the necessary changes.
19.2. Having regard to the circumstances at the time of suspension, de-activation or reconnection, as the case may be, Netpractice shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.
19.3. Where this Agreement is terminated at your instance in accordance with clause 4.1 above, Netpractice shall be entitled to de-activate all your services at any time on the relevant date of termination and at which time the provisions of clause 20.6 shall apply, with the necessary changes, and you shall have no claim of whatsoever nature against Netpractice as a result of Netpractice exercising its right under this clause
20.1. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from Netpractice requesting you to comply within 20 (twenty) business days, then Netpractice may immediately terminate this Agreement.
20.2. If this Agreement is terminated by Netpractice for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 20.1, you shall pay to Netpractice all outstanding charges for Access to the Services and you will be subject to payment of a reasonable premature cancellation charge, determined by Netpractice.
20.3. You shall repay to Netpractice on demand all costs which Netpractice incurs as a result of your failure to comply with the terms and conditions of this Agreement or any termination hereof, which may include
20.3.1. costs in connection with tracing you and/or the Apparatus;
20.3.2. all legal costs on the attorney client scale;
20.3.3. collection commission that may legally be recovered from you by Netpractices attorneys or collection agents on amounts collected;
20.3.4. the costs incurred in obtaining possession of the Apparatus as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and
20.3.5. the replacement cost of the Apparatus.
20.4. It shall be in the sole discretion of Netpractice as to whether it elects to levy the replacement cost of the Apparatus or the charges referred to in clause 20.3.4 above.
20.5. Netpractice will not provide any refund for any remaining prepaid period for a prepaid Access Fee.
20.6. These Terms will continue for the period covered by the Access Fee paid or payable under clause 5.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms
20.8. For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Details, Service Plans or any of Your Organisations (as defined at clause 5) is not made in full by the relevant due date, Netpractice may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data
20.9. Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
20.9.1. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
20.9.2. immediately cease to use the Services and the Website.
21. Loss or Theft of SIM Card
21.1. You shall notify Netpractice immediately when you become aware of the loss or theft of your SIM card, which notification may, at Netpractices discretion, be required to be confirmed in writing. In addition, you undertake to comply in full with the requirements of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002.
21.2. Any loss, theft, damage or destruction of your SIM card or Apparatus shall not affect your liability to continue to pay the Access Fee to Netpractice for the duration of this Agreement.
22. Policies and Procedures of Netpractice
22.1. You agree to comply with and implement the policies and procedures of Netpractice from time to time in relation to the Services, the SIM card, the Apparatus and use thereof.
23.1. You hereby consent to the dispatch or transmission by Netpractice of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Netpractice if you do not wish to receive any communications for purposes of direct marketing and in this instance, Netpractice will desist from circulating any further such material to you
23.2. As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other persons computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use)
23.3 When You make any communication on the Website, You represent that You are permitted to make such communication. Netpractice is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Netpractice does reserve the right to remove any communication at any time in its sole discretion
24.1. Save as otherwise expressly provided, no addition to, variation, consensual cancellation or novation (meaning the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party) of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by or on behalf of the duly authorised representatives of both parties.
25. Whole Agreement
25.1. This Agreement constitutes the whole agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties.
25.2. “Delays” Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
25.3. Governing Law and Jurisdiction By accepting this terms, You agree that the laws of Republic of South Africa will govern this Agreement and You submit to the exclusive jurisdiction of the courts of the Republic of South Africa
26. Address for Delivery of Notices
26.1. You choose as the address at which you wish to receive any correspondence or notices of a legal nature relating to this Agreement and the rendering of the Services the address set out in the application or order form to which these terms and conditions relate or such other address of which you may notify Netpractice in writing provided such address is not a post office box or other postal address.
26.2. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Netpractice must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Netpractice. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
27.1. In the event of any one or more of these terms and conditions being unenforceable, such terms and conditions will be deemed to be removed from the remainder of this Agreement and the Agreement will remain binding and enforceable.
28. Apparatus Warranty and Guarantee
28.1. You hereby acknowledge that in the event that you are supplied with Apparatus:
28.1.1. and such Apparatus is a computer then it is supplied with a Windows Operating System but without benefit of any additional software and all applicable warranties shall be honoured by the manufacturer of the computer; and
28.1.2. the Apparatus is supplied with a 6 (six) month warranty of quality against defects, within the meaning of the Consumer Protection Act, 68 of 2008.
28.1.3. you shall not be entitled to withhold payment of any monies due under this Agreement for any reason whatsoever, including but not limited to, any dissatisfaction with the Apparatus, its operation or otherwise or any failure of the manufacture to honour any second warranty offered or any other reason whatsoever.
28.1.4. all user support offered in relation to a computer or laptop is provided by the manufacturer thereof and to the extent permitted by law Netpractice shall not be liable for any loss, cost, claim or damage of whatsoever nature suffered by you in relation thereto including without limitation, any failure of the manufacturer to provide same
29. Device Warranty
29.1. The warranty from date of purchase lies with the relevant manufacturer for the duration of the implied warranty period between 12 and 24 months, depending on manufacturer and is subject to the manufacturer terms and conditions.
29.2. Kindly refer to you Manufacturer User Guide for additional information. It is advisable to keep this guide in a safe place.
29.3. The Computer (Laptop or Desktop) is supplied with a pre-loaded Windows Operating System, but without any additional software. Please be advised that the computer is not pre-loaded with anti-virus software and that it is your responsibility to ensure your computer is protected at all times.
29.4. The Computer (Laptop or Desktop) is not covered by the Netpractice Device Warranty Agreement. The warranty is provided by the manufacturer thereof. Kindly refer to Manufacturer Information Booklets that accompany the product.
29.5. Please refer to the Consumer Information leaflet for additional device support information.
30. Additional information
30.1. Please ensure that your Apparatus is insured for the full replacement value.
31. Renewal Terms and Conditions
31.1. The acceptance of this authorises Netpractice (Pty) Ltd:
31.1.1. the right to charge an administrative fee of R150 for all renewals done online. The aforementioned administrative fee shall form part of the charges in your first invoice following the renewal.
31.1.2. To extend my contract for a further 24 months.
31.1.4. Please note that on delivery you will be required to produce your green barcoded ID book or valid passport, for verification by our delivery agents.
32. Delivery terms and conditions
32.1. All words, expressions and phrases in these terms and conditions shall have the same meanings as assigned to them under the Contract Terms and Conditions unless specifically defined in these terms and conditions or unless the context clearly otherwise indicated.
32.2. For the purposes of these terms and conditions the following terms shall have the meanings assigned to them below:
32.2.1. “Delivery Address” means the full physical address provided by the Customer for delivery of Goods, preferably the Customers place of work.
32.2.2. “Delivery times” shall mean operating business hours between 08:00am and 17:00pm.
32.2.3. “Day” shall mean any business day which is not a Saturday, a Sunday or a public holiday in South Africa.
32.2.4. “The Goods” shall mean the Apparatus ordered by the Customer including all packaging and accompanying documentation.
32.2.5. “Outlying Area” shall mean any area outside of the main city centres.
32.2.6. The Goods will be delivered during Delivery Times to the Delivery address as given by the Customer and to the Customer personally. Netpractice is under no obligation to deliver the Goods to any other address or to any other person.
32.2.7. Should the Customer refuse to take delivery of the Goods or the Customer cannot be reasonably identified or located at the Delivery Address and Netpractice and/or its Courier Service Provider has made reasonable efforts to contact the Customer, any further delivery attempts by Netpractice will no longer fall within the ambit of the Service. Netpractice shall not incur any liability whatsoever to the Customer or anyone else.
32.2.8. All delivery attempts made to the Customer will be confirmed by means of a manual and an electronic calling card.
32.2.9. If the Delivery is redirected from the Delivery Address provided to Netpractice for whatever reason, delivery to the new address will not form part of the Service.
32.2.10. The service is subject to the customer providing clear delivery instructions including valid and accurate information on the following:
188.8.131.52. Delivery address (Preferably the customers business and/or work address).
184.108.40.206. The Customers contact details (including landline and/or alternate cellphone number)
220.127.116.11. The customers Email address.
32.3. The Customer is required to have all relevant documentation available for FICA verification prior to taking delivery of the Goods. The Customer will only take delivery of the Goods after successful submission of FICA documentation.
32.4. Netpractice will take reasonable steps to ensure delivery within Delivery Times but acknowledges that delivery may be delayed to traffic delays, breakdowns and any other reason beyond the control of Netpractice and/or its Courier Service Provider. Netpractice shall be relieved of its obligation to perform the Service to the extent that performance is prevented by the failure of the Customer to comply with any of its obligations arising from these terms and conditions, fire, weather conditions, industrial dispute, labour disturbance or cause beyond the reasonable control of Netpractice and/or its Courier Service Provider.
32.5. The Customer shall not be entitled to withhold any payment or set off or reduce any payment arising from the Contract Terms and conditions by reason of any claim which the Customer may have against Netpractice arising from the Service.
32.6. Netpractice reserves the right, in its sole discretion, to vary these terms and conditions. Netpractice may elect, in its sole discretion, to notify the Customer of such variation in writing or to publish such variation at its principal place of business, or on www.netpractice.co.za.
32.7. These terms and conditions constitute the whole agreement between the parties relating to the Service and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 17 above.
32.8. In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of the terms and conditions which shall nevertheless be binding and enforceable.
33. Payment Details Debit Order
33.1. I AGREE to being credit vetted by Netpractice in order for my application to be processed, I also give consent to being contacted by Netpractice to verify that the details I gave are true and correct.
33.2. I authorise Netpractice to debit my account with the total payable on my monthly Subscription and Access Fees
33.3. Furthermore, I understand and accept the following conditions of authorisation:
33.3.1. Netpractice may cancel the debit order should my bank disallow a debit against my account on two consecutive occasion because of insufficient funds or any other reason
33.3.2. The charge, if any, levied by my bank for debit order transactions will be for my account
33.3.3. Should my payment be referred to drawer or declined, an appropriate administration fee will be levied by Netpractice for which I will be liable
33.4. I confirm that information provided in this form is true and accurate and hereby indemnify all parties that may act on the information provided and against any claims that may result from its use