Please note that on accepting any quotation (by signing or doing payment) issued by Prospect Solutions, you agree to the terms and conditions stated below:
- 1. Definitions 1.1 The "Buyer" means person who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means "Prospect Solutions CC".
1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
- 2. Conditions 2.1 These conditions shall apply to all Contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other Terms
2.2 No variations or additions to these Conditions shall be effective unless agreed in writing by the Seller.
2.3 No Contract for the sale of Goods shall arise until the Buyer notifies the Seller of its acceptance of the Seller's final
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.5 Nothing in these Conditions shall affect the statutory rights of the consumer.
2.6 All Conditions are to be in accordance with South African and International laws.
- 3. Prices 3.1 The Price shall be that on the Seller's website or any price subsequently agreed in writing by the Seller.
3.2 The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any direct or indirect increase in costs to
the Seller but if the price has been paid in full prior to dispatch no price Revision shall take place without the prior written
agreement of the Buyer.
3.3 Payment must be made in full and reflected in Seller's Bank Account, before dispatch of any Goods unless otherwise
agreed to previously by the Seller.
3.4 If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction
covered by these Conditions shall become immediately due and payable.
- 4. Interest on Overdue Invoices 4.1 The seller reserves the right to charge interest on overdue invoice accruing from the date when payment becomes due from
day to day until the date of payment at 6.5% per calendar month.
4.2 All invoices shall be paid in full, free of any deduction for any set-off or counterclaim.
- 5. Copyright 5.1 Unless otherwise explicitly stated by the Seller, the copyright of any goods purchased by the Buyer remains with the
- 6. Warranty and Liability 6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except
where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other
warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by
Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the
- 7. Delivery 7.1 Whilst every reasonable effort shall be made to keep to an agreed delivery date, time of delivery shall not be of the essence
and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person
or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
7.2 Failure by the Buyer to pay for any instalments or delivery when due shall entitle the Seller to withhold any further deliveries
and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods which the Seller is then entitled to
7.3 Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery.
- 8. Ownership and Risk 8.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but
kept at the Seller's premises at the Buyer's request.
8.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
8.3 If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other
rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to
recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
8.4 Immediately upon receipt the Buyer shall inspect the Goods and shall notify the Seller within 48 hours of delivery if the
Goods are damaged or do not comply with any of the Contract. This must be done in the form of written notice sent to
firstname.lastname@example.org and no other form of notice will be accepted. If the Buyer fails to do this he is deemed to have accepted
8.5 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with
the original packaging at the Buyer's risk and either a) retained by the Buyer for a reasonable period to enable the Seller or
its agent to inspect or Collect the Goods or b) at the Seller's option returned by the Buyer to the Seller who will refund the
cost of postage and packaging to the Buyer if the Goods are in fact defective.
- 9. Cancellation and Returns 9.1 Orders may be cancelled at any time prior to the goods being dispatched unless they have been made specifically to the
9.2 Under the EU Consumer Protection (Distance Selling) Regulations 2000, you may cancel the goods purchased (other than
commissioned items) by sending a written notice of cancellation by email to email@example.com.The Seller must receive the
notice of cancellation within 7 days of the date of delivery of the goods. As soon as we receive your order to cancel
we will refund the relevant portion of your order if it has not yet been dispatched. If it has been dispatched, you will be
responsible for the cost of returning the goods and your refund for the goods will be processed on their arrival. The
Seller recommends the use of recorded delivery for your protection and peace of mind. The Seller will send you an email to
let you know that your refund has been processed. This will end the Seller's liability to you.
9.3 No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without prior
written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
9.4 Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then a) the
Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of
the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault. b)
the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were
ordered in error or are no longer required.
- 10. Domain Registrations and Transfers
10.1 You warrant Prospect Solutions does third party domain registration. Meaning Prospect Solutions registers directly at Uniform,
but Prospect Solutions cannot be held accountable in any way if other party (Uniform) is sluggish with invoicing, new
domain requests, domain updates or domain transfers.
10.2 You warrant to Prospect Solutions that any Domain Name you may seek to register through Prospect Solutions does not violate
the rights of any third party, in particular trademark rights, and that you have taken reasonable steps, including but not
limited to searches of the applicable state and federal trademark registries, to assure that this is the case.
10.3 You agree to indemnify and hold harmless Prospect Solutions, its officers, directors, employees and agents, with respect to
any and all damages, losses, claims or expenses incurred with respect to or arising out of claims of third parties
concerning your use of the Services or the Private Domain Name.
10.4 You acknowledge and agree that Prospect Solutions has the absolute right and power, as it deems necessary in its sole
discretion, without providing notice and without any liability to you whatsoever, to (1) reveal to third parties the contact
information provided by you to Prospect Solutions in connection with the account for the applicable domain name, (2) populate
the public WHOIS database with your name, primary postal address, e-mail address and/or telephone number as provided
by you to Prospect Solutions, or (3) terminate your subscription to the Services:
10.4.1 if, in Prospect Solutions sole discretion, you violate the terms of the Prospect Solutions T&C’s;
10.4.2 if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal
rights, whether or not such claim is valid;
10.4.3 to comply with ICANN policies or requirements, including but not limited to the Uniform Domain Name Dispute
Resolution Policy (UDRP)
10.4.4 to comply with any applicable laws, government rules or requirements, subpoenas, court orders, requests of law
enforcement or government agencies; or
10.4.5 if any third party threatens legal action against Prospect Solutions that is related in any way, directly or indirectly, to the
domain name, or claims that you are using the domain name registration in a manner that violates any law,
rule or regulation, or is otherwise illegal or violating of a third party's legal rights.
10.5 ALL Prospect Solutions SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE.
10.6 You warrant Prospect Solutions will only release domain if all outstanding hosting or registration cost has been paid in full.
There after new registrant must issue domain transfer with Uniform and Prospect Solutions will only then except transferring
ticket form Uniform.
- 11. Force Majeure 11.1 The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or
making delivery of any Goods by any reason or cause beyond the Seller's control.
- 12. No Waiver 12.1 The The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a
waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with
any of these conditions.
- 13. Liability 13.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions
by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price
of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
- 14. Dispute 14.1 In the event of a dispute between the Buyer and the Seller, should the Seller in writing require, the Buyer agrees to submit
the dispute to arbitration in accordance with the Arbitration Act for the time being in force as a legally binding alternative
to Court action.
- Banking Details Account Name: Prospect Solutions
FNB Pretoria North Branch
Branch Code: 251045
Account Type: Cheque
Account nr: 6258 243 5139