TERMS OF USE

Introduction

These terms and conditions become effective when you access the website and constitute a binding agreement. The current version of these conditions will govern our respective rights and obligations each time you access this website. If you do not agree with any provision contained in these terms of use, please do not use this website.

Swordfish is the preferred debt collection software provider by small, medium and enterprise businesses in the debt recovery and collection industry.  We provide you with an interactive online solution to easy, efficiently and effectively collect on outstanding debt.

By accepting these terms of use, both parties agree to the terms, conditions and obligations set out in this document.  Hereinafter, the words “we”, “us”, “our” and corresponding words, refer to Swordfish Software (Pty) Ltd with registration number 2014/157620/07, as the service provider.  “You”, “your”, and corresponding words refer to you as the client.  By accepting these terms of use, a binding agreement is constituted and the terms, conditions and obligations become effective from the moment these terms are accepted and will terminate in terms of sections 7 and 8 below.

We reserve the right to change these terms of use at any time and any such changes will become effective immediately, unless stated otherwise.  Any changes to this document will be posted on the website immediately and it is your obligation to ensure that you read and understand this document as well as any future amendments thereto.

We accept that you have the necessary authority to act if you are acting on behalf of someone else.  You are deemed to have agreed to these terms on behalf of any entity for whom you use the online solution.  By accepting these terms, you warrant that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us.  You further warrant that you will not contravene any South African or International laws by using the website or any service we provide.  Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.

The services we offer and the functionality currently catered for, will evolve over time.  Our aim as a service provider is to continuously improve the service we deliver together with our trusted partners and your feedback is therefore crucial and appreciated in order to achieve this.

Use of the website and software

By accessing the website, you warrant and represent that your use of the website is for lawful purposes and that you are over 18 years of age and can legally conclude a binding agreement with us. You further warrant that you will not contravene any South African or International laws by using the website, the Service or any information provided to you by us through your use of the website. Except as expressly authorised by these terms, you may not use, alter, copy, distribute, or transmit the content of this website.

Upon acceptance of these terms of use, you will be granted access to the Swordfish Essential website.  The access is non-transferrable and is subject to this agreement.  You are responsible for granting the required levels of access to users within your organisation.  Should you not fulfil your financial obligations in terms of this agreement, your access to the service will be revoked immediately without prior notice.  We will re-instate your access once you have remedied the breach and provided us with proof thereof.

You must ensure that all usernames and passwords to the website are kept secure.  Usernames and passwords should be treated as private and confidential and may not be shared.  Upon any breach of your security, you must immediately notify us so we can reset your passwords.

You must not use or misuse the services in any way which may impair the functionality of the services or website, or other systems used to deliver the services or impair the ability of any other user to access or use the website or service.

You may not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the services or to operate the website except as is strictly necessary to use either of them for normal operation.

We do not warrant that the use of the service will be uninterrupted or error free.  The operation and availability of the systems used for accessing the service including networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the service.  We are not and cannot be held responsible for any such interference or prevention of your access or use of the service.

Payment obligations

You will be expected to pay for the service you will receive in accordance with the Swordfish Pricing guide and relevant to the Solution you have chosen.  Payment can be made with a debit order or by providing us with your card details.  Payment transactions will be submitted to your bank by a third-party entity and your financial information is not stored, kept or processed by us.  During your request for access to the service, you will provide us with details for your preferred method of payment together with the mandate to debit your account on a monthly basis.  After every debit, you will be furnished with a confirmation of payment (receipt) at the email address you provided for this purpose.  It is your responsibility to notify us should this address change at any time.

Please note that arrangements should be made so that payment can be affected within the first 7 days of the commencement of your billing month cycle.  Your billing month will not necessarily start on the first day of the calendar month and will be dependent on the day your free trial period ends.  “Month” or “Monthly” for purposes of this agreement should be understood as 30 consecutive days within which the service will be used and every such 30-day period thereafter.

Indemnity

You indemnify Swordfish against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have.  This includes, but is not limited to, any costs relating to the recovery or any fees that are due but remains unpaid by you.

This website (including without limitation any content or other part thereof) contains general information only, and we are not, by means of this website, rendering professional advice or services. Before making any decision or taking any action that might affect your business, you should consult a qualified professional adviser.

This website is provided as is, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that this website will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchant-ability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this website, even if we knew, or should have known, of the possibility of such damages.

Certain links on this website may lead to websites, resources or tools maintained by third parties over whom we have no control, including, without limitation, those maintained by other entities within the Swordfish network or individual personnel of such entities. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources and tools, and links to any such websites, resources and tools should not be construed as an endorsement of them or their content by us.

We are not responsible or liable for any loss or damage relating to the website, the personal information of any user or material and information transmitted over Our Site. Whilst every reasonable care has been taken in writing and compiling the website, we accept no responsibility for any loss or damage that may be sustained as a result of reliance by any person on the information contained in the website.

The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, delict (including, without limitation, negligence) or otherwise.

Privacy and confidentiality

By accepting these terms of use, you also agree to be bound to and take note of the Swordfish Privacy Policy which can be found on the website.  Pursuant to the details contained in the Swordfish Privacy Policy, neither party will disseminate any information of the other without the prior written consent of the other party.  The Privacy and Confidentiality obligations in terms of this agreement, will survive termination of this agreement.

Your personal information will not be made public or shared with a third party, unless it is or becomes public knowledge other than by a breach of this clause.  The following is not a contravention of the Swordfish Privacy Policy:

  • If the information is received from a third party who lawfully acquired the information and who is under no obligation restricting its disclosure;
  • If the information is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • The information is independently developed without access to confidential information pertaining to the relationship constituted in terms of this agreement.

Intellectual property

All Intellectual Property Rights in the service, the website or any documentation relating to the service, remains our property.  Your data imported onto the online service, remains your property.  We however reserve the right to restrict access to your data contingent on full payment of the monthly Swordfish payment when due.

It is your responsibility to maintain copies of all data imported onto the website.  Although we adhere to best practice policies and procedures to prevent data loss, including a daily data back-up regime, we cannot guarantee that there will be no loss of data.  We expressly do not accept liability for any loss of data no matter how caused.

Should you make use of the services offered on our website by any of our partners through integration or any other portal, you acknowledge that we may allow third party providers to access your data as required for provision of that service.  We shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third party application providers.

Termination

We are so confident in the service that we offer, and want you to make the very best decision for your business.  You are able to use and evaluate the service for free with no obligation to continue the use of the service thereafter.  If you wish to continue to make use of the service after the initial free 30-day period, you can simply provide us with your banking details which will be deemed as your authorisation to continue with the service.  If you choose to not continue using the service and you have not provided us with your banking details, your access will lapse automatically and neither party will have any further obligation in terms of this agreement.  If you have provided us with your banking details but do not wish to continue with the service after the initial free 30-day period, you can notify us on the email address provided and we will immediately terminate your access.

We will not refund you for any remaining prepaid period for any payments made in advance should you wish to terminate the service.

This agreement will continue for the period for which you have made payment for the provision of the service.  At the end of each billing period, these terms of use will automatically continue for another billing period, provided you continue to pay for the service.  In other words, this agreement is a month-to-month agreement which will be terminated immediately if no payment is received or can be terminated at your discretion.

The agreement will continue on this basis until either party elects to terminate the agreement by giving one month’s written notice to the other party.  If you terminate the agreement by giving one month’s written notice, you shall be liable to pay in terms of the Swordfish Payment Guide up to and including the day of termination of these terms.  If we terminate the agreement by giving one month’s written notice, we shall be expected to render the service and access to the website up to and including the last day of termination of these terms.

Breach

If you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied, we may terminate or suspend (for any definite or indefinite length of time) your access to the website and the service.  Under these conditions, we may also suspend (for any definite or indefinite length of time) access to your data.

If you are in breach of your obligation of payment for the services and fail to remedy such breach within 7 days after receiving notice of the breach, we may terminate or suspend (for any definite or indefinite length of time) your access to the website and the service.  Under these conditions, we may also suspend (for any definite or indefinite length of time) access to your data.

You will be held liable for any cost relating to the recovery of any amounts that are due by you but remains unpaid.

Support

Our team’s dedication to client service is what sets us apart.  We are here to assist you with any system related or technical assistance you might need during working hours.  Our support team will be available Monday to Friday from 08:00 to 17:00 and can be contacted by accessing the “Help Me” function on the website.  We have made every effort to provide you with simple instructions to perform the basic functions on the website and we suggest that you familiarise yourself with the content.  These guides can be found in the “Swordfish Academy” section of the website.

Service availability

While we intend that the website should be available 24 hours a day, seven days a week, it is possible that the services or website may be unavailable to allow us to perform routine maintenance or other development activity to take place.  If for any reason, interruption to the service or website will last longer than we would normally expect, we will make all reasonable attempts to publish details of such activity in advance on the website.

Ownership of material

All material found on this website, unless otherwise noted, is owned by Swordfish. The user is not permitted to copy, reproduce, or use any such material without our prior written consent.

Entire agreement

These terms, together with the Swordfish Privacy Policy and any other notices or instructions given to you, supersede and extinguish all prior agreements, representations (written or oral), and understandings and constitute the entire agreement between you and Swordfish.  No amendment to this agreement shall be effective unless reduced to writing and agreed to by both parties.

If any part or provision of these terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.  The remainder of this agreement will be binding on the parties.

Notices

Any notice given under these terms by either party to the other, must be in writing by email and will be deemed to have been given on transmission.  Notices to us must be published on the website on the communication portal provided (Freshdesk) or to any other email address notified by email to you by us.  Notices to you will be sent to the email address which you provided when requesting access to the service and it is your responsibility to notify us should this email address change at any time.

Amendment of terms and conditions

We reserve the right to amend these terms. The user acknowledges that by visiting the website from time to time, the user will become bound to the current version of these terms and, unless stated in the current version, all previous versions will be superseded by the current version. You are responsible for reviewing the then current version on each visit to the website.

Entire agreement

These terms constitute the entire agreement between the parties in respect of this subject matter.

 

Corporate information to be disclosed by law

Information required pursuant to section 43(1) of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) is as follows:

Full name and legal status: Swordfish Software (Pty) Ltd
Registration number: 2014/157620/07
Place of registration: Pretoria, South Africa
Physical address: Building 4, Ashlea Gardens Office Park Cnr Garsfontein & Matroosberg Road Ashlea Gardens, 0081, Pretoria
Telephone number: +27 (0) 12 676 9993
Website address: www.swordfish.co.za
Email address: info@swordfish.co.za
Directors: J Lubbe; H Groenewald; J Cruywagen

November 2018