PBSA Revision 1.3 – Updated (YYYY)2018-(MM)05-(DD)25
Website Terms and Conditions of Use & Service Agreement
PBSA (Pty) Ltd, a private held company incorporated in and subject to the laws of South Africa
YOU, the visitor to or user of the SignFlow Website, Software or Services
1. LEGAL NOTICE AND USE OF WEBSITE
1.1 Please read the following terms and conditions and the website privacy notice carefully before using any SignFlow services, software or this website.
1.2 This will constitute a legally binding agreement between YOU and PBSA establishing the terms and conditions under which this website or any SignFlow service may be used.
1.3 YOU agree to access and use this website entirely at YOUR own risk.
1.4 Use of this website implies that YOU have accepted these terms and conditions.
1.3 IF YOU DO NOT AGREE AND ACCEPT THESE TERMS AND CONDITIONS OF USE, REFRAIN FROM ACCESSING OR USING THIS WEBSITE OR THE SIGNFLOW SERVICES.
2. INTRODUCTION AND BACKGROUND
2.1 PBSA provides software, hardware and services that integrate physical and digital communications channels.
2.2 The SignFlow Service provides a digital transaction management platform for the digital distribution of electronic documents via a digital workflow software system.
3. INTERPRETATION AND DEFINITIONS
3.2 Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related words and expressions will be interpreted with corresponding meanings:
3.2.1 “SignFlow” incorporating SigniFlow™ means the trade name of the PBSA Service accessed via the SignFlow Websites, owned and operated by PBSA located at https://www.signflow.co.za and https://signiflow.com and https://signiflow.eu/.co.uk etc. including all sub domain sites like, but not limited to https://flow.signflow.co.za/dev.signflow.co.za and https://flow.signiflowcom/dev.signiflow.com/eu.signiflow.com etc. SignFlow includes but is not limited to SignFREE, SignFREE Workflow, Professional, Professional SA Legal, Enterprise-Hybrid and API’s or Integrated;
3.2.2 “SignFlow Service” means Access to Information relating to natural and juristic persons and property provided by Third Party Service Providers via an API;
3.2.4 “Person” means a natural or juristic person;
3.2.5 “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
3.2.6 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
3.2.7 “PBSA Business Names” means but are not limited to, brand and trade names, logos and pay-off lines and include but are not limited to “SignFlow”, "SigniFlow" and “pbDigital”;
3.2.8 “PBSA Marks” means any trade marks, service marks, logos, domain names or other marks of PBSA, whether registered or not;
3.2.9 “Third Party Service Providers” means but is not limited to the Companies and Intellectual Property Commission of South Africa, the South African Revenue Services, the South African Department of Home Affairs, the South African Deeds Office and several of South Africa’s largest credit bureaus, GlobalSign Certificate Authority and the South African Post Office Trust Centre;
3.3 The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.
3.4 No waiver or abandonment by PBSA of any of its rights in terms of these License Terms shall be binding on PBSA, unless such waiver of abandonment is in writing and signed by an authorised representative of PBSA.
4. LIMITATION OF LIABILITY
4.1 PBSA will exercise reasonable skill, diligence and care as may reasonably be expected from a similar Website provider to ensure the accuracy of information and the availability of the website, but makes no representations, warranties or guarantees. As such, the website is provided on an “as is” and “as available” basis.
4.2 YOU agree to use the Services at YOUR sole risk and PBSA shall not have any liability to YOU for content that may be found to be offensive, indecent, or objectionable uploaded or sent via the Product or Licenced Application. PBSA is not liable or responsible to YOU for the accuracy or completeness of any content processed or available through the SignFlow system.
4.3 PBSA shall not be held responsible for any acts of God (vis major) which include but are not limited to floods, fire, government control, outages or failures on its systems, the internet, restrictions or prohibitions or any government act or omission, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
4.4 PBSA provides no guarantee for nor warrants the constant and uninterrupted availability of its Website, Service and / or technical systems.
4.5 In providing access to the information from third party service providers, PBSA creates its own copyright in the compilation of the information presented to YOU and is a responsible party and a processor of personal information as envisaged by the Electronic Communications and Transactions Act 25 of 2002 (“ECT”) and the Protection of Personal Information Act 4 of 2013 (“POPI”).
5. COMMENCEMENT, AVAILABILITY AND TERMINATION
5.1 This Agreement will commence on the date on which You visit the SignFlow and/or SigniFlow Websites and agree to these Terms and Conditions of Use and Service either by clicking on "I acknowledge that I have read and understand the terms and conditions of this website" or, by continuing to browse the Websites and continue indefinitely until amended or terminated by PBSA or, YOU stop using the Service.
5.2 PBSA RESERVES THE RIGHT TO CORRECT, AMEND OR REVISE THIS AGREEMENT TOGETHER WITH SERVICE OFFERING, AS AND WHEN NECESSARY IN THE SOLE AND ABSOLUTE DISCRETION OF PBSA. 5.3 When an amendment is made, PBSA will place a prominent notice on the SignFlow websites bringing the amendment to YOUR attention. Where material amendments affect YOU, PBSA will give YOU 14 days prior notice to the changes taking effect. It is YOUR responsibility to ensure that YOU are aware of and understand all the prevailing terms and conditions.
5.4 The applicable version of this Agreement at the time when YOU visit the Website and/or use the Service will be the applicable Agreement between PBSA and YOU.
6. HOW THE SIGNFLOW SERVICE WORKS
6.1 Before YOU register and use the SignFlow Service, YOU should familiarise YOURSELF with how the SignFlow Service works.
6.2 YOU hereby agree and consent that PBSA may collect, access, process and store YOUR personal Information, for internal purposes and for purposes of identification and verification (through the Department of Home Affairs or any other institution as may be required), which personal information shall be maintained by PBSA as confidential and shall be processed and protected in terms of the Electronic Communication and Transactions Act 25 of 2002 and Protection of Personal Information Act 4 of 2013.
6.3 Prior to participating in the SignFlow Service YOU are required to register by clicking on this link HTTPS://flow.SignFlow.co.za registration page where YOU will be required to opt-in to the SignFlow Service and to provide Personal and other Information, including but not limited to YOUR:
6.3.1 First and family names as recorded in your South African identity book;
6.3.2 South African identity number where you act for yourself as a natural person or as a sole proprietor of a juristic person;
6.3.3 Position, where you are authorised to represent a juristic person;
6.3.4 Email address;
6.3.5 Mobile telephone number;
6.3.6 Registered company name and registration number
6.3.7 Company Value Added Tax number;
6.3.8 Company phone and facsimile number; and
6.3.9 Your company’s physical and postal address.
6.4 Prior to confirmation of registration and access to the SignFlow Services, PBSA will conduct an online identity verification on YOU by running YOUR identity number through the pbVerify.co.za Service identity verification system, matching YOUR name and the information provided to the database record of the South African Department of Home Affairs.
6.5 If YOU have provided incorrect information about YOURSELF or YOUR company, we reserve the right to deny YOU access to the SignFlow Service. In such an event, YOU may be contacted by the a representative of SignFlow to assist YOU in resolving the matter.
6.6 YOU will be prompted to create a unique password. YOUR password is stored in an encrypted format and is only known to YOU.
6.7 Users that upgrade from SignFREE to SignFree with Workflow will only be given access to SignFree with Workflow once payment is received.
6.8 Users that order SignFlow professional will be issued with a Certificate Authority (CA) x.509 personal digital certificate. This process is subject to further identity validation, business validation, email validation, domain validation and other validations as required by the CA. When ordering SignFlow Professional, YOU grant permission to the nominated CA to perform these checks. Only once the CA is satisfied with the validation results, will the certificate be issued. The time period for the issuance of a digital certificate is not within SignFlow's control and may vary depending on the process of the CA. During the certificate enrolment process YOU will be required to enter a unique password that will be used as the private key to generate YOUR digital certificate. The certificate will be stored in a centralised cryptographic hardware security module (HSM) server. Once this process is complete, YOUR certificate user account (also referred to as YOUR digital signature account) will be synced with YOUR SignFlow account for ease of use. This means that the password and access details which YOU have created to access the SignFlow system will override (replace) the access details YOU created for the digital certificate account on the HSM, effectively given both accounts the same username and password. Every time YOU log into the SignFlow system, the system will automatically also log YOU into YOUR digital signature account with the username and password YOU provided upon login. This process is also known as "single sign on (SSO)" and is designed to eliminate the need for YOU to sign into YOUR digital certificate account every time YOU sign a document.
6.9 Documents that are stored or are in an active workflow process in SignFlow are backed up daily in accordance to PBSA backup policy. PBSA however does not take any responsibility for the loss of data or documents whatsoever. It is recommended that you download and keep copies of all your documents at all times.
6.10 SignFlow is an annually renewal subscription service.
6.11 PBSA does not have any obligation to store any documents or any information for clients that do not renew the subscription.
6.12 SignFREE with workflow, Professional, SA Legal and SignFlow Qualified (international equivalent of SALegal) user-licenses that are not renewed by the expiration date, will automatically be downgraded to SignFREE (without workflow) licenses until an official purchase order (account approved customers) or payment is received for the renewal period. During that time, users will experience loss in functionality of the system.
6.13 API or other integration access to the SignFlow system may only be done after written approval by PBSA has been issued in this regard. API’s will be charged at the rates quoted to the customer on a per “workflow” and “per document” basis and is subject to annual escalations.
6.14 BY ACCEPTING THESE TERMS AND CONDITIONS, YOU GRANT PBSA PERMISSION TO UTILISE SINGLE SIGN ON AS DESCRIBED ABOVE FOR YOUR ACCOUNT AND TO REPLACE YOUR USERNAME AND PASSWORD ON THE HSM SERVER IN YOUR CERTIFICATE ACCOUNT PBSA PERMISSION TO LOG YOU INTO YOUR CERTIFICATE ACCOUNT AUTOMATICALLY EVERY TIME YOU LOG INTO SIGNFLOW.
SignFlow Privacy Information Officer
Leon van der Merwe
+27 (0)11 516 9416
+27 (0)11 466 2678
PBSA (Pty) Limited (PBSA) is a privately held company incorporated in and subject to the laws of South Africa. PBSA provides software, hardware and services that integrate physical and digital communications channels.
This PBSA SignFlow Website Privacy Notice has legal force and effect in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
Your privacy is important to PBSA. We are committed to respecting your privacy and the security and confidentiality of your personal data, communications and choices.
The purpose of this PBSA SignFlow Website Privacy Notice is to inform visitors to the SignFlow Website located at www.SignFlow.co.za and www.signiflow.com about how we treat your personal information and your rights in relation to PBSA' SignFlow Website privacy.
This SignFlow Website Privacy Notice relates to the personal information collected electronically through the SignFlow Website services through email or other electronic communications arising from the SignFlow Website services. This includes personal information captured through the marketing of the SignFlow Website or hardcopy information elicited as a result of SignFlow Website activity.
7.4. The PBSA SignFlow Website Service
The PBSA' SignFlow Website is provided as Software as a Service (SaaS).
South Africa's Electronic Communications and Transactions Act, 25 of 2002, provides for the voluntary subscription to nine privacy principles in cases where personal information has been obtained through electronic transactions such as through the PBSA SignFlow Website service. PBSA voluntarily subscribes to these privacy principles.
While various parties and technologies are involved in providing the SignFlow Website's online presence, PBSA is the ultimate service provider, agency, processor and responsible party in relation to the use and protection of personal information.
7.5. Privacy Principles Subscribed to by PBSA
The nine privacy principles articulated in South Africa's Electronic Communications and Transactions Act, 25 of 2002, concern:
- Collection, collation, processing and disclosure of personal information;
- Processing limitation;
- Purpose specification;
- Further processing limitation;
- Record retention requirements;
- Limitation on disclosure;
- Third party disclosure of personal information;
- Destruction of personal information; and
- Exceptions for statistical purposes.
7.6. Technologies and Standards Deployed in Providing the SignFlow Website Service
The following technologies are deployed in providing the SignFlow Website service:
- Software as a service (SaaS) or software on demand, where a service provider (MakeWeb) licences an application such as web services (SignFlow Website), to a customer (PBSA);
- Cloud Computing, a location independent form of computing, whereby shared servers provide resources, software, and data to computers. Information exists physically and often simultaneously in multiple forms in different locations and subject to the laws of different jurisdictions;
- Secure Socket Layer (SSL), a technology configured on the SignFlow Website for when customers need to access or to provide personal, confidential information. SSL provides confidentiality and data integrity and protects against masquerading where payments are typically made online with the use of credit cards; and
- Payment Card Industry Data Security Standard (PCI DSS), a standard devised by the major credit card brands to limit identity theft and credit card fraud. PCI DSS applies to entities that processes, transmits, stores or accepts credit card data.
7.7. Security of Personal Information Collected and Processed
Putting data that may impact upon privacy rights, obligations and personal status online through the use of cloud technologies may reduce the levels of protection of personal information as well as subject the data subject to the laws of other jurisdictions. Information protection is strongest when the information remains in the possession of the data subject as owner of the information. To comply with law and in line with international standards and best practice PBSA commits itself to exercising all reasonable diligence, care and skill in processing personal information.
7.8. Personal Information Collected and Processed
PBSA collects the following personal information:
- Information you choose to provide during registration;
- Information you provide us with when contracting online;
- Information you provide in communications such as email and when calling our customer support line;
- Information you provide to our business partners and service providers;
- Information about you such as your demographics and lifestyle from other sources;
- Information gained from third parties such as credit bureaus for credit referencing;
- Information collected through the use of common internet technologies such as cookies and web beacons on our website and emails; and
- Two kinds of personal information are collected and processed technologically during your visit to the SignFlow Website. Some information is transient and stored only for the purpose of current transactions such as payments and then deleted. Some information is persistent and stored for periods beyond the current transaction such as data from multiple transactions accumulated over time and retrieved when needed to enhance your SignFlow Website experience and improve our service.
7.9. Uses and Sharing of Personal Information
PBSA uses the personal information you, as the user, provide us with in order to provide you with information about the goods we market on our SignFlow Website and the related services we provide such as other goods and services provided by PBSA SA (Pty) Ltd. and its subsidiaries.
Personal information provided by you, as the user, is necessary for the conclusion of the online contracts of purchase and sale, for delivery and installation and the maintenance services we provide.
Unless we have asked for and obtained your explicit consent we do not share your personal information with third party marketers.
We will use the personal information you, as the user, provide to us only for purposes consistent with the reason you provided it to us in the first place or with your further permission, for other purposes.
When we provide your personal information to other companies on a temporary basis in order for them to provide services to PBSA we require these other companies to protect your personal information in the same manner as PBSA does. These third party service providers, of which MakeWeb is one, cannot use personal information for any purpose other than the reason you provided it to PBSA.
In addition, the information you, as the user, provide us with is also used and shared with the following:
- Permanent or temporary staff and part-time contractors in the performance of their duties;
- Data collection and transfer to various parties such as contractors, sub-contractors, suppliers and partners in the sourcing, supply, sales, delivery and installation of goods and provision of services;
- Other suppliers websites to which the PBSA SignFlow Website may link;
- Data analysis and market research to provide a better service;
- Backup, archiving, business continuity and disaster recovery purposes;
- Information communication technology service and infrastructure providers that enable cloud technology and the free flow of information; and
- Routine and non-routine internal requests, including eDiscovery, court orders and law enforcement investigations.
You, as the user, have the right to make choices as to what is done with your personal information. Sometimes, your choices are made in the form of content such as online registration or opting in or opting out of receiving email or marketing material.
Once you have provided information to us and requested that we communicate with or market to you, you, as the user, may at any time thereafter choose to opt out of further contact with us.
Personal information provided by you is kept for as long as the purpose for which you furnished it to us exists or for the retention periods specified in law.
7.11. Access to Your Personal information
You, as the user, may access the personal information that we hold about you.
You can ask us to correct any errors or delete information we have about you.
To protect your privacy, the privacy of others and to ensure the integrity of our business information we may have to verify your identity before we allow access to or change the information that we have about you, as the user.
Access to your personal information by PBSA' staff and third parties is limited and restricted by PBSA through training, administrative, technical and physical controls.
All access to your personal information must comply with PBSA' policy relating to the protection of personal information.
7.12. Important Information
PBSA has information and factors that are unique to its management of personally identifiable information and the free flow of information for trade. In order to provide security for online payments PBSA uses Secure Socket Layer (SSL) technology and certain forms of encryption to protect you, as the user, and your online transactions.
Notwithstanding the above, there are implications in terms of the specific legal requirements in South Africa, and other legal jurisdictions which may, depending upon the actual location of personal information as a result of cloud computing, be relevant or become relevant. PBSA seeks to comply with complex technical and legal issues wherever possible, but users should be aware, that international law and certain aspects of technology restrict our control.
As personal information is most safe, when under the control of its owners, you are cautioned to give careful consideration to the personal information you choose to disclose.
7.13. Limits on expectation of privacy
To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities, PBSA monitors and intercepts live communications such as email and website activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.
Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002, South African and international privacy principles and where necessary and if required by law, PBSA will also access static data created, received, communicated and stored by PBSA as part of the SignFlow Website service.
7.14. How to Complain
If you have a complaint, are concerned about your personal information or wish to report any malicious activity such as spamming, phishing and the like, please do the following:
- Contact our customer support centre on +27115169400; or
- Send an email to SignFlow Support
7.15. PBSA Privacy Information Officer
PBSA has appointed a dedicated Privacy Information Officer who is responsible for the processing and protection of personal information.
In providing for your privacy, PBSA uses a combination of technical, administrative and physical controls based on compliance with the law and in line with international standards and best practice.
PBSA regularly reviews and enforces its own compliance with this SignFlow Website Privacy Notice to ensure that our own conduct is in line with the privacy undertakings made to you.
8. SECURITY AND ACCEPTABLE USE OF THE WEBSITE
8.1 YOU should be aware that even though PBSA employs technologies and payment systems that are sufficiently secure with reference to international standards, SSL and GSM are inherently insecure. YOU, as the user, are required to actively protect your own security, that of the SignFlow service and the information.
8.2 YOU hereby agree to generally acceptable Website and Electronic Communications etiquette. In this regard YOU will be deemed to have read the PBSA Email Legal Notice and other Legal Notices published on the SignFlow Websites and incorporated into this Agreement by reference.
8.3 YOU hereby agree to further acquaint YOURSELF with the risks associated with the use of the Internet and information technologies and to abide by generally acceptable security standards. PBSA will take all reasonable precautions as required from a service provider of online services, but YOU, AS THE USER, NEED TO BE AWARE THAT THE SECURITY OF YOUR COMMUNICATIONS CANNOT BE GUARANTEED.
8.4 PBSA is committed to complying with legislation and ensuring the availability of the SignFlow Websites and Service to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, YOU AGREE NOT TO USE THE WEBSITE OR SERVICE IN A MANNER THAT:
8.4.1 Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of PBSA systems and networks or those of Third Party Service Providers;
8.4.2 Interferes with the use or enjoyment of other Persons Access to or use of the Website or Service;
8.4.3 Infringes Intellectual Property rights;
8.4.4 Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
8.4.5 Results in unsolicited communications (spam);
8.4.6 Introduces unwanted scripts, bots, back-doors or any kind of security risk;
8.4.7 Leads to a compromise of YOUR access credentials (user name or password);
8.4.8 Constitutes any form of social engineering;
8.4.9 Breaches confidentiality; or
8.4.10 Is a violation of privacy.
8.5 YOU are responsible for keeping YOUR own password secure and not sharing it with others. Neither SignFlow nor PBSA will be held liable or responsible if a YOUR password is compromised.
8.6 YOU REMAIN PERSONALLY LIABLE FOR THE CONSEQUENCES OF CONTRAVENTION OF THESE SECURITY PROVISIONS AND / OR FAILURE TO COMPLY WITH LAW, MOST SPECIFICALLY, THOSE THAT REGULATE ELECTRONIC COMMUNICATIONS.
8.7 PBSA reserves the right to restrict or to refuse Access to Persons whose behaviour repeatedly disrupts the SignFlow Service, who act unlawfully, in contravention this Agreement or who fail to meet reasonable security standards appropriate to the circumstances.
8.8 IF YOU ARE FOUND TO HAVE CONTRAVENED THE SECURITY AND ACCEPTABLE USE PROVISIONS OF THIS AGREEMENT PBSA MAY DISABLE, BLOCK OR TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME WITHOUT HAVING TO GIVE REASONS OR EXPLANATIONS FOR DOING SO.
8.9 Should YOU become aware of any unacceptable use of the SignFlow Websites or Service, please contact support@SignFlow.co.za
8.10 IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU PROPERLY UNDERSTAND THIS AGREEMENT AND THE LEGAL NOTICES.
9. INTELLECTUAL PROPERTY
9.1 The SignFlow Websites, Service and the Information provided to YOU, comprise Intellectual Property protected under South African law and international treaties. Unless otherwise indicated, PBSA reserves all rights in and to the Intellectual Property owned by or licensed to PBSA.
9.2 YOU may NOT remove any copyright, trade mark or other intellectual property notice from the website. Subject to the limited license granted to YOU by PBSA, YOU may not in any form or by any means, without the prior written consent of PBSA:
9.2.1 Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any Website content or Information;
9.2.2 Claim ownership of all or any part of the Website content or Information;
9.2.3 Modify or repost the Website content or Information;
9.2.4 Create a link to http://SignFlow.co.za, http://www.SigniFlow.co.za or the SignFlow Blog from another Website; or
9.2.5 Copy, incorporate, store, frame or embed all or any part of the SignFlow Websites content on another website or retrieval system.
9.3 PBSA Business Names and Marks referenced on the SignFlow Websites are the registered or unregistered Intellectual Property of PBSA. Any unauthorised use of these assets is strictly forbidden.
9.4 Third party Intellectual Property assets, including but not limited to patents, designs, names, goods and services referenced on the SignFlow Websites are the Intellectual Property of various third parties. Any unauthorised use of these assets is strictly forbidden.
10. MONITORING, INTERCEPTION AND ACCESS TO INFORMATION
10.1 To comply with law and in line with international standards and best practice relating to the use of information technology in its business, PBSA monitors and intercepts live communications such as Website activity, email and Electronic Communications in compliance with the Regulation of Interception of Communications Act 70 of 2002.
10.2 Subject to the provisions of RICA and ECT, YOU agree to monitoring, interception and access to information relating to the use of the SignFlow Websites, Blog Sites and related Electronic Communications.
10.3 Should YOU require a record relating to YOURSELF, please send an email to support@SignFlow.co.za or access the PBSA Promotion of Access to Information Manual available on the SignFlow Websites.
11. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
12.1 YOU agree that PBSA may from time to time send YOU communications regarding, but not limited to the SignFlow Service.
12.2 YOU will always have the choice to Inform PBSA that YOU do not wish to continue receiving communications or Opt-out of receiving communications by using the functionality provided.
13. ALTERNATIVE DISPUTE RESOLUTION
13.1 Without restriction on any of your rights to approach a competent court or forum of your choice, relating to a dispute arising from this agreement, you agree to confidential arbitration prior to proceeding to court or other forum.
13.2 YOU agree that any dispute arising from or in connection with this agreement shall be finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the foundation and that such proceedings shall be held in Johannesburg in English.
13.3 YOU expressly acknowledge that the arbitration proceeding agreed to, prevents you from entering into a class action lawsuit against PBSA in relation to any dispute arising from this agreement.
13.4 Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
14. PAYMENT TERMS
14.1 The current pricing models advertised on the website are exclusively for customers in South Africa.
14.2 Customers outside of South Africa are subject to a different pricing model proposal and should contact PBSA directly in that regard.
14.3 Pricing may be escalated on an annual basis at the sole discretion of PBSA.
15. LINKS TO EXTERNAL THIRD PARTY WEBSITES
15.1 Wherever this website provides links to external third party websites, it is done so for YOUR use and convenience and does not constitute an endorsement, recommendation or certification by PBSA of the external link.
15.2 The presence of links should not in any way be construed as a suggestion that the external link has a relationship with PBSA.
15.3 Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, YOU acknowledge and agree that PBSA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
15.4 PBSA does not warrant or endorse and does not assume and will not have any liability or responsibility to YOU or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties to the maximum extent permitted by law.
16.1 TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD PBSA ITS AFFILIATES, PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
16.1.1 Visiting or using the website and/or SignFlow service and electronic communications;
16.1.2 Downloading search content, information and shared documents;
16.1.3 Reliance on the website, search content and/or information;
16.1.4 Links to other PBSA or third party websites or external links;
16.1.5 Hardware, software, system or network malfunction; or
16.1.6 Any other cause whatsoever arising from or relating to visiting or using the SignFlow websites and/or SignFlow service.
17.1 This Agreement constitutes the entire agreement between PBSA and YOU in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of this Agreement shall be of any force or effect unless recorded in writing and signed by or on behalf of the duly authorised representatives of the Parties.
17.2 Should any clause or term of this Agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, enforceability or illegality goes to the root of this Agreement.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SIGNFLOW WEBSITES AND SERVICE ARE AT YOUR SOLE DISCRETION AND RISK. PBSA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO THE WEBSITE, THIS AGREEMENT, THE SIGNFLOW SERVICES OR OTHERWISE.
18. COMPLAINTS OR ENQUIRIES
18.1 YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO PBSA FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.
18.2 In this regard, please direct all complaints to support@SignFlow.co.za
18.3 All enquiries must be made by contacting our call centre on +27 (0) 11 516 9400, or by email to support@SignFlow.co.za
18.4 Depending on the nature of the enquiry PBSA will endeavour to deal with enquiries within forty-eight (48) hours of receiving them. PBSA does not, however, warrant that enquiries will be responded to within this time-frame.
19. ECT REQUIRED INFORMATION (South Africa)
PBSA (Pty) Limited
Privately held company
Physical address and the address for receipt of legal service of documents
Unit 9, Kyalami Crescent,
Unit 9, Kyalami Crescent,
+27 (0)11 516 9400 (switchboard)
Company registration number
VAT registration number
Place of registration
Directors and office bearers
M Springer (CEO) South Africa
Full price of goods and services
Manner of payment
Electronic Funds Transfer, Credit card, Debit Card and 30Day Account
Terms of agreement and URL to access terms