1. Agreement: By registering and paying for the lease of a 34007 Keyword, the 34007 account holder (“the Client”) is entering into a service agreement with Floodgate Agencies (Proprietary) Limited t/a 34007 (hereinafter “34007” or “Floodgate/34007”) subject to the following terms and conditions;
2. Lease of Keyword: 34007 leases the Keyword to the Client for a period of 12 months from the date of registration of and payment for the Keyword on the 34007 system; use of the Keyword during said period shall be exclusive to the Client, subject to the remaining provisions hereof;
3. Service: 34007 shall provide an SMS notification and delivery service to the Client and the Client agrees to indemnify 34007 in respect of such service provision, in both cases in accordance with the Conditions of Service and Indemnity.
4. Other provisions:
4.1 The Client may lease additional Keyword(s) from 34007 each of which shall be subject to the same terms and conditions and the parties agree that such lease shall constitute a separate contract between the parties.
4.2 The Client shall have the right to renew the lease of the Keyword after the period defined in clause 2 above subject to compliance herewith and with the Conditions of Service and Indemnity and the Code of Conduct; and subject further to payment of an agreed annual renewal fee to 34007.
4.3 The Client shall comply with all branding requirements of 34007 including but not limited to correct design and presentation of all 34007 fonts and logos included in the Client’s own marketing material; 34007 shall provide the relevant branding artwork as set out in the 34007 branding artwork brochure at no cost to the Client.
4.4 The Keyword is not transferable nor may the Client sub-lease the Keyword or permit the use thereof by any third party; in the event of deactivation of the Keyword at the request of the Client before expiry of the lease period, no refund shall be due to the Client and 34007 shall be entitled to re-lease or sell the Keyword.
4.5 If the Client is in breach of any term or condition of this contract including the Conditions of Service and Indemnity and Code of Conduct, 34007 shall be entitled to suspend the Service pending remedy of such breach by the Client within the period stated in the notification or, failing such remedy, to terminate the Service without compensation or further notification.
4.6 Should the Client do anything which in the view of 34007 constitutes competition to 34007 and/or brings the 34007 brand into disrepute, 34007 reserves the right to cancel this contract immediately and to institute legal proceedings as it sees fit.
4.7 This service agreement is concluded without any other understanding, warranties, representations or inducements whatsoever on the part of 34007 or any person representing 34007 except as recorded herein. The terms and conditions stipulated in clauses 1 to 4 inclusive, the Conditions of Service and Indemnity and the 34007 branding artwork brochure constitute the whole of this lease agreement between the parties.
4.8 No waiver of or alteration to any of the terms and conditions set out herein shall be binding upon 34007 unless contained in writing and signed by a duly authorised agent of 34007.
4.9 34007 shall be entitled but not obliged to institute proceedings arising out of any breach of this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrate’s Courts Act Number 32 of 1944, as amended, (or any relevant legislation substituted therefore) and the Client consents to the jurisdiction of such court in terms of section 45 of the said Act notwithstanding that the amount in dispute may otherwise exceed the jurisdiction of such court.
4.10 By electronically accepting these terms and conditions, I/we confirm that I/we have read and understood the above terms and conditions and the Conditions of Service and Indemnity and Code of Conduct.
CONDITIONS OF SERVICE AND INDEMNITY
Floodgate Agencies (Pty) Ltd [“Floodgate”] – trading as 34007 - undertakes to provide the systems and technology to facilitate the real-time channeling of business enquiries, 24/7, to the Client as a participating supplier and the generation of instant feedback to the Client’s customers; and (optionally) direct, anonymous and instant market feedback to the Client as a participating supplier.
Business enquiries through 34007 will be responded to automatically with a return SMS message of the Client’s choice, of up to 120 characters in length; 34007 reserves the right to append at the bottom of this return SMS its own promotional material and/or any system-related messages, which shall be clearly differentiated from the Client’s response. The Client will be notified by email of every SMS sent to 34007 that includes the Client’s Keyword; in addition the annual Keyword lease fee entitles the Client to 50 free ‘relay SMS messages’ to be delivered to a cellphone number of the Client’s choice advising of the customer contact; at the Client’s option the Client may purchase additional relay SMS messages to be loaded on the Client’s 34007 account.
Neither Floodgate nor its staff can be held liable in any way whatsoever for the nature or genuineness of the business enquiries or feedback sent to the Client through 34007. The Client acknowledges this fact and agrees that no legal proceedings can be instituted against Floodgate/34007 in this regard.
The Client accepts responsibility for ensuring the security of the Client’s website access number and pin code and for managing the Client’s personalised 34007 web site – in respect of every Keyword registered in the Client’s name.
The Client’s responsibilities include but are not limited to understanding the functions and benefits provided by 34007, the setting and management of the Client’s automatic response and/or feedback text and ensuring the Client has the correct contact and corporate information reflected in the Client’s supplier account on the 34007 web site. Floodgate/34007 cannot be held liable in any way whatsoever for any omission or misinformation therein.
As much as Floodgate and 34007 will supply and manage the systems and processes necessary for SMS communication between the Client and the Client’s customers, the cellular telephone networks do not guarantee the delivery of every SMS or the timing thereof and the Client therefore acknowledges that there may be instances where SMS's cannot be delivered due to network failure or interruptions. Floodgate will monitor network traffic and will make every effort to minimise any disruption of the 34007 channel and to inform the Client should such a situation arise. The Client agrees not to take any steps, legal or otherwise, against Floodgate/ 34007 in respect of any such interruption of service.
The Client undertakes to give at least 30 days’ advance notice to Floodgate should the Client wish any Keyword registered in the Client’s name to be deactivated and to modify the relevant auto-response accordingly such that notice of termination is communicated during said 30 days to users of the 34007 system who initiate enquiries or feedback to the Client’s Keyword.
The Client acknowledges that it has read the 34007 Code of Conduct and agrees to abide by its provisions unreservedly.
CODE OF CONDUCT
By using any service offered by 34007 you agree to abide by our Code of Conduct. Of course this may not in all respects be enforceable in law but it is an important set of standards that the 34007 Community must abide by to ensure that we all benefit from this powerful, exciting information and communication system.
We all agree to :-
· always engage with 34007 Community members, be they suppliers, customers or communication service providers, in a courteous and polite manner
· deliver on our promises – as suppliers, to respond timeously and professionally to business leads and, as customers, to submit only genuine enquiries or feedback
· keep our feedback and responses constructive and informative
· never use insulting, offensive or antagonistic language in any 34007 communication
· never use our business leads or feedback & rating system for anything other than legitimate and ethically sound enterprise
· absolutely refrain from using 34007 for the sale, promotion or soliciting of any business that is morally questionable
· police our own digital Community and inform 34007 immediately where we suspect anyone of contravening this Code.