All services provided by NAVIC™ (PTY) LTD (hereinafter referred to as NAVIC™) may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African Law, or any law, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrets and other statutes. The subscriber agrees to indemnify and hold harmless NAVIC™, or any subsidiaries from any claims resulting from the use of the service which damages the subscriber or any other party. NAVIC™ is entitled to make whatever changes it deems fit, including camera or other software, firmware or configuration changes, to the system and/or any associated devices attached thereto and which are operated under this licence agreement, such as to ensure the proper operation of the system as a whole.

Server abuse

Any attempt to undermine or cause harm to a server, or customer, is strictly prohibited and will be prosecuted to the maximum extent of the law.

Payment

Renewal payment is due 1 week before an existing contract expires. All payments will automatically reoccur from one’s credit card account when renewal is next due. All payments are non-refundable. This includes the one-time setup fee and subsequent charges regardless of usage. Any billing disputes must be reported within 60 days of the time the dispute occurred. Billing history will be supplied on request.

Cancellation

Should you ever want to cancel your subscription service, simply email us two weeks prior to the

expiration date of your account. A one-time cancelation fee will apply for all canceled accounts. You must then email a document to us to complete cancellation and you must retain a copy from us indicating your account was canceled. Otherwise recurring billing will occur for the next contract term and you will be obligated to pay the next term.

NAVIC™ Server Up-time

Although every effort is taken to ensure maximum uptime all systems are subject to technical issues. Please monitor our website www.navic.cloud for notifications on planned maintenance. Should you require anything other than the standard provided Service Level Agreement this is obtainable with penalty clauses at an additional fee.

NAVIC™ VMS

NAVIC™ Video Surveillance software is not provided by or supported by NAVIC™.

Limitation of Liabilities NAVIC™

NAVIC™ provides services on an as-is basis and WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF:

1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. CLIENT AGREES THAT ANY EFFORTS BY NAVIC™ TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY NAVIC™ WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT NAVIC™ SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF NAVIC™ WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Should a jurisdiction not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such a situation NAVIC™ liability shall be limited under this Agreement, regardless of cause, and shall not exceed the total amount of fees paid to NAVIC™ for a three-month period, by Client under this Agreement. NAVIC™ makes no representation or guarantees as to the success of the system and/or software in crime reduction, or criminal capture, and is not liable for such.

Data Loss, Backup

NAVIC™ is not liable for Client’s data loss. NAVIC™ makes no guarantee, and assumes no liability for lost data, camera failure, server failure, or server crashes.

The Republic Of South Africa

Governing Law, Jurisdiction. The construction, validity and performance of this Agreement in The Republic Of South Africa. shall be governed by, and construed in accordance with, the laws of the The Republic Of South Africa, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any litigation or arbitration arising out of, relating to, or regarding the validity of, this Agreement shall lie in the city of Cape Town, The Republic Of South Africa. Notices. All notices must be in writing and must be via either mailed by registered or certified mail, postage prepaid and return receipt requested. All Notices to NAVIC™ shall be addressed and delivered to:

NAVIC™ (Pty) Ltd
70 Victoria Street,
Somerset West,
Western Cape,
7130

Attention legal dept. Notices transmitted orally or by electronic means shall be deemed insufficient notice.

Agency The parties are separate and independent legal entities. NAVIC™ is performing services for Clients as an independent contractor. Nothing contained in this Agreement shall be deemed to constitute either NAVIC™ or Client an agent, representative, partner, joint venturer or employee of the other party for any purpose. Neither party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other. NAVIC™ is an independent contractor, not an employee of Client. No employment relationship is created by this Agreement. NAVIC™ shall retain independent professional status throughout this Agreement and shall use his own discretion in performing the tasks assigned. NAVIC™ reserves the right to cancel, or not renew an account at our discretion. We rarely do this, and only act in this manner if we feel the account content from the account is contradictory to the family values and beliefs we purport and represent. Any terms or conditions that fail to be followed will result in grounds for account deactivation. We want your stay to be as enjoyable as possible. Please contact us for any questions you might have.