Privacy Policy
The Y2K Connect is committed to protect the privacy of individuals who visit the website and who make use of the on-line facilities.

This privacy policy provides you with information in terms of articles 19 and 20 of the Data Protection Act. It also takes consideration of Recommendation 2/2001 of the Article 29 Data Protection Working Party, adopted on 17 May 2001, on certain minimum requirements for
collecting personal data on-line.

The policy can be easily accessible via a link at the bottom of each web page.

  1. Data Controller

The data controller of this website is the Y2K Connect whose office is situated at Shop 35 Starwood Mall 3 Andromeda Street Starwood, Phoenix , Durban, South Africa.

  1. Information collected and purpose

When you visit our website the following information will automatically be processed and this solely for the use of this association:

Cookies

Cookies are small pieces of data that the site transfers to the user’s computer hard drive when the user visits the website. Our website uses only session cookies which are erased when the user closes the Web browser. The session cookie is stored in temporary memory and is not retained after the browser is closed. Session cookies do not collect information from the user’s computer. They will typically store information in the form of a session identification that does not personally identify the user.

Personal data provided by the data subject

When using this website’s online facilities, data subjects may be required to provide their personal data for the purposes of [insert the purposes for which the information shall be processed].

  1. Your rights as data subject

As an individual you may exercise your right to access the data held about you by this company by submitting your request in writing to the data controller.

Although all reasonable efforts will be made to keep your information updated, you are kindly requested to inform us of any change referring to the personal data held by the association. In any case if you consider that certain information about you is inaccurate, you may request
rectification of such data. You also have the right to request the blocking or erasure of data which has been processed unlawfully.

  1. Links to other Web Sites

To give you a better service our site can connect you with a number of links to other local and international organisations and agencies. When connecting to such other websites you will no longer be subject to this policy but to the privacy policy of the new site.

  1. Transaction Security Policy (this section should be included when the site makes use of a payment gateway for financial transactions)

This site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the bottom right hand corner of the browser window. The url address will also start with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.

  1. Changes to this Privacy Policy

If there are any changes to this privacy policy, we will replace this page with an updated version. It is therefore in your own interest to check the “Privacy Policy” page any time you access our web site so as to be aware of any changes which may occur from time to time.

  1. Feedback

Any comments or suggestions that you may have and which may contribute to a better quality of service will be welcome and greatly ppreciated.
Standard Terms

1.THESE TERMS SUPPLEMENTED BY TERMS ON INVOICE/DELIVERY NOTES

The Applicant by his/her/its signature accepts the Creditor’s terms and conditions of trading as read with the Creditor’s invoices notwithstanding that the Applicant’s order/s and invoices and/or terms and conditions of trade incorporates any other terms and/or conditions and the Applicant’s said terms are hereby expressly excluded from any agreement concluded or to be concluded or between the Applicant and/or Creditor.

2.CREDIT FACILITIES
2.1.The monthly cost for all airtime utilised shall be paid by the Applicant in cash effected through an electronic funds transfer without deduction or set off direct to the Creditor in accordance with the credit terms extended by the Creditor to the Applicant in accordance with the Credit Application Form, to which these Standard Terms are annexed, all of which are material terms and conditions to this agreement, and if not paid by the due date, the Applicant shall be liable to pay interest on the amount outstanding at the statutory prescribed rate in accordance with the Prescribed Rate of Interest Act and per regulation as published in the Government Gazette from time to time, calculated monthly from the date that same became due to the Creditor to the date of payment thereof.

2.2. Subject to the granting of a credit facility, it will be necessary to purchase prepaid airtime for both mobile and landline calls for the first month.

2.3. After the first month, all airtime utilized will be billed for at the end of the relevant month and statements/invoices sent to the nominated finance department/ responsible individual of the Applicant.

2.4. Payment is required before the 7th of each month. Should payment not be received by the due date, the Creditor has the right to terminate all services without further notice to the Applicant.

2.5 The Applicant must provide the Creditor with 30 days’ written notice of its intention to cancel the agreement. The said notice must be forwarded to the Creditor’s contact details as stated on the Application form.

3.BILLING RATES
3.1. A standard rate of __ per minute, per second billing will be provided to all mobile networks.

3.2 A standard rate of __ per minute, per second billing will be provided for all fixed/landline calls.

  1. LIMITATION OF LIABILITY
    4.1. If the Creditor cannot provide airtime or the relevant connection required for any reason beyond the Creditor’s control, including and without being limited to lack of instruction/s from the applicant, stock shortage/s, industrial dispute or breakdown, government action, state of war, riot, civil disturbance or any other act of God, the Creditor does not accept any liability for any loss or damage caused by any reason whatsoever, whether in contract or whether in delict, (including without being limited thereto, any loss of profits) thereby caused.

4.2 The Creditor shall under no circumstances whatsoever be liable to the Applicant for any loss and/or damage [consequential or otherwise] as a result of any act or omission on the Creditor’s behalf howsoever arising and the Applicant indemnifies the Creditor against any claim in this regard whatsoever.

  1. RESERVATION OF OWNERSHIP
    Ownership in and to any goods and/or products sold by the Creditor to the Applicant shall remain vested in the Creditor until the full purchase price in respect thereof has been paid for in full. Until payment in full of the purchase price, ownership under no circumstances whatsoever will pass from the Creditor to the Applicant. Notwithstanding the aforegoing, all risk of loss and/or damage in or to any goods and/or damage in or to any goods and/or products sold by the Creditor to the Applicant shall pass to the Applicant after the goods have been loaded onto any vehicle delivering same to the Creditor’s premises.

6.LIMITED WARRANTY
The Creditor furnishes with its goods/products its standard guarantee for the same and no other guarantees, warranties or representations of whatsoever nature will be made by the Applicant to the Creditor in respect of such goods/or products in any guarantees, warranties or representations or otherwise not reflected therein whether at common law or otherwise are hereby expressly excluded.

  1. INDEMNITY
    The Applicant hereby indemnifies the Creditor against all or any claims of whatsoever nature, which may be made against the Creditor by any person/s whomsoever whether in contract and/or delict and whether for loss of profits, damages to person or property, loss of life and/or limb and/or otherwise of whatsoever nature and howsoever arising. This indemnity shall include the payment by the Creditor of legal fees to its attorneys on an attorney and client scale in contesting any such action.

8.SUSPENSION AND CANCELLATION IN EVENT OF NONPAYMENT
8.1 In the event that the Applicant falls into arrears with its account with the Creditor and/or is insolvent and/or is unable to pay any of its debts and/or seeks to effect any compromise with any of its creditors and/or compound any of its debts and/or is placed under an order of sequestration, judicial management and/or liquidation (whether provisional or final) and/or is subject to any resolution passed to enable the Applicant to be wound up and/or dissolved and/or is in breach of any one or more of its obligations to the Creditor in terms of this agreement, the credit facilities awarded to the Applicant in terms hereof may be withdrawn by the Creditor without notice to the Applicant.

8.2. No suspension, delay and/or cancellation as a result of any of the aforegoing events shall novate or waive any of the other rights which the Creditor may be entitled to in law in terms of this contract or otherwise.

9.EXCLUSIVITY AND NON-VARIATION
The terms and conditions contained in this credit application form and/or standard terms and conditions of trade, shall constitute the entire agreement between the Creditor and the Applicant and no variation, amendment, consensual cancellation or otherwise shall be of any force or effect unless agreed to by both the Applicant and the Creditor in writing and signed by both parties.

10.NO NOVATION
No indulgences, latitude, extension of time or the like granted by the Creditor to the Applicant shall in any way whatsoever constitute a novation or waiver of any rights which the Creditor may have against the Applicant nor may it operate as an estoppel against the Creditor.

11.SOUTH AFRICA LAWS APPLICABLE
This agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

12.CERTIFICATE OF INDEBTEDNESS
The Applicant confirms that a certificate signed by the Credit Manager or any Member of the Creditor showing the amount owing by the Applicant to the Creditor shall be sufficient proof that the said amount is due, owing and unpaid and shall be satisfactory proof of what is contained therein for the purpose of any action (whether by way of provisional sentence, summary judgment or otherwise) proof of the debt on insolvency or for any purpose whatsoever. Where the quantum of the Creditor’s claim is thereafter disputed by the Applicant, the Applicant shall bear the onus of proving that such amount is not owing and/or due and/or payable.

13.JURISDICTION OF MAGISTRATE COURT
The Applicant and the person/s who executes the deed of suretyship, if applicable below hereby consents in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 (as amended) to the jurisdiction of the Magistrate’s Court over the Applicant and/or the Surety and Co-Principal debtor for the determination of any action or proceedings otherwise beyond the jurisdiction of the said Court. It is hereby expressly understood that the Creditor shall be entitled and not obliged to bring any action in any other competent Court, which has jurisdiction over the Applicant. In the event of any such action being instituted by the Creditor against the Applicant for any reason or for any amount due in terms hereof and being successful with such action the Applicant and the Surety and Co-Principal debtor hereby agree to pay the Creditor’s attorneys legal fees on the scale as between attorney and ones own client, including collection commission, tracing fees and the like.

14.RENTAL AGREEMENT
14.1. If rental option is selected on the application form the applicant accepts that all material and services available on the site remains the property of Y2K Connect until the end of the contract period or otherwise stated.

14.2. If rental agreement is broken / cancelled the applicant is liable to pay the outstanding amount of the rental period

  1. SURETYSHIP
    15.1 I/We by my/our signature hereto bind myself/ourselves jointly and severally in my/our personal capacity/ies as surety and co-principal debtor in solidum with the Applicant to the Creditor for the payment to the Creditor and fulfillment of all obligations owed to the Creditor by the Applicant, past, present or future, from whatever cause arising including for losses and damages. This suretyship shall be a continuing one and, I/we can only be released in writing by the Creditor. I/We select domicilium citandi et executandi at the Applicants domicilium citandi et executandi above and agree to be liable for the Creditor’s legal costs for all actions instituted against me/us on the scale as between attorney and own client. I/We hereby renounce the benefits of the legal exceptions “non causa debiti”, “ordinis seu et divisionis” and “cession of action” with the force and meaning and effect of the liabilities and/or obligations of the Applicant to the Creditor.

15.2 I/We acknowledge that this suretyship shall be in addition to and without prejudice to any other suretyship/s or security/ies now or at any time hereafter held by the Creditor in respect of the liabilities and/or obligations of the Applicant to the Creditor.

15.3 I/We acknowledge that this deed of suretyship has been prepared in a form for signature by more than one surety and accordingly acknowledge further that each surety who signs it acknowledges and records that notwithstanding the fact that it provides for signature hereof by other sureties, there is a separate, distinct and independent contract or suretyship brought into existence by each surety who does sign it. Accordingly if for any reason any surety to sign this deed of suretyship for any reason whatsoever, or of the suretyship shall for any reason cease to be or if not binding on any one or more of the sureties, then the obligations of the other/s shall be and continue to be binding and remain of full force and effect in terms hereof.