THIS AGREEMENT BETWEEN QUAINTSOFT (PTY) LTD (herein referred to as “the company”) AND THE INDIVIDUAL, AUTHORIZED REPRESENTATIVE OF THE ENTITY, OR NATURAL PERSON THAT ENTERS INTO THIS AGREEMENT (herein referred to as “the client”), DO HEREBY ENTER INTO AN AGREEMENT TO USE THE SHORT MESSAGE SYSTEM (herein referred to as “the system”) TO COMMUNICATE WITH ITS CLIENT(S) IN ACCORDANCE OF THE FOLLOWING:

1. I/We understand that the software installed on my/our computer is subject to copyright laws and that I/we will under no circumstances distribute copies thereof to other users and that I/we will safeguard against the misuse of my/our client code that accompany all short messages to the company’s short message communication system.

2. I/We hereby subject myself/ourselves to the ethical rules that may exist with regards to the privacy of individual cell numbers and that I/we will only communicate specifically to those cell numbers that can benefit from the information supplied or service rendered by me/us or my/our enterprise.

3. I/We understand that the benefits of the company’s short message communication system will be available within 2 (two) working days upon full payment of the registration fee and registration on the company’s communication system.

4. I/We acknowledge that fee structures can be revised at any time annually but the company will limit revisions to at least once a year with immediate effect.

5. I/We understand that if I/we default in the punctual payment during the currency of this agreement, interest in accordance with normal practice will be charged on a monthly basis.  If this default of payments continues, the company may at its option immediately cancel this agreement without prejudice to any other right, which the company has and be entitled to demand full payment of the balance of monthly outstanding amount for the outstanding agreed period.

6. I/We understand that this application is subject to approval by the company and that should I/we wish to alter or withdraw this application, I/We should do so by giving written notice to the company within 5 (five) working days of signature, whereupon all monies in the company’s possession be retained by the company as a genuine pre-estimate of damages which the company may have sustained by reason of such cancellation.

7. I/We understand that if I/we wish to cancel my/our membership, I/we can do so by giving 30 (thirty) days written notice to the company, whereupon all monies in the company’s possession :

   1. in the case of pre-paid accounts, be retained by the company in accordance with industry practice (in lieu of expenses sustained purchasing pre-paid services from industry partners), or

   2. be retained by the company as a genuine pre-estimate of damages which the company may have sustained by reason of such cancellation.

8. I/We indemnify the company from any prosecution that may arise from the misuse of the system and I/we take full responsibility for my/our action(s) which resulted in prosecution.  With the misuse of the system I/we understand that I/we must ensure that the content of the message it sends to end users and/or client(s) do not:

   1. cause disturbance or harassment to a recipient or other third party,

   2. does not contain offensive, violent, or discriminatory, or otherwise illegal content, and

   3. does not include the sending of SMS messages or spam to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS and that it is only sent to those that have accepted to receive such messages.

9. I/We indemnify the company from any loss of functionality, monies or data that occurred while using the services of the company

10. The company ...

    1. has adopted a privacy policy to safeguard your private information. All registered information and addresses will be kept strictly confidential and will not be shared or sold to any corporation or individuals whatsoever for the duration of this agreement.

    2. cannot be held responsible for the unethical use of phone numbers and use of derogatory/foul language within the short message communication by the client.  If the client is found guilty of these offences, this agreement will be terminated with immediate effect and the transgressor reported to the Public Communications Prosecutor.

    3. commits to rendering a service to our clients with honesty and integrity, and any dispute that may arise because of our service will be dealt with in the same spirit as relayed in this contract.

11. This agreement constitutes the entire agreement between parties, who confirm that the terms and conditions of this agreement shall not be changed, cancelled, altered, wavered or suspended unless contained in writing and approved and signed by both parties.  Furthermore, neither the company nor any of its representatives can be held liable for any miscommunication, misrepresentation, guarantees or promises made by any person associated with the company.

I/We ACCEPT the terms & Agreement, and want to proceed with the registration ...