This service agreement (the “Agreement”) is an agreement between the person or entity visiting, browsing, accessing or otherwise using (the term “use” will refer to any of the foregoing) the Offering (“Customer”) and Kosan Marketing Solutions t/a EMarketing Solutions (“EMarketing Solutions”, with postal address as PostNet Suite 282, Private Bag x37, Lynnwoodridge 0040 South Africa together with Customer, the “Parties” and each, a “Party”), and is entered into as of the earlier of: (A) the date Customer first uses any element of the Offering; and (B) the date Customer agrees to be bound by the terms and conditions set out herein (the “Effective Date”). BY USING ANY ELEMENT OF THE OFFERING (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT IT HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 15(K). IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE OFFERING, INCLUDING USE OF ANY ELEMENT THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO EMARKETING SOLUTIONS THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE OFFERING ON BEHALF OF ANOTHER PERSON OR ENTITY, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO EMARKETING SOLUTIONS THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THIS AGREEMENT.
This Agreement will commence on the Effective Date and continue in effect until terminated in accordance with its terms, or as otherwise set out in the Order Terms.
EMarketing Solutions will provide the following support to Customer:
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
Notices sent to either Party will be effective when delivered in person or by email, one day after being sent by overnight courier, or two days after being sent by first class mail postage prepaid to the official contact designated by the Parties and immediately after being received by the other party’s server. Notices must be in writing and sent: (a) if to EMarketing Solutions, to the address set out in the introductory paragraph of this Agreement; and (b) if to Customer, to the current postal or email address that EMarketing Solutions has on file with respect to Customer. EMarketing Solutions may change its contact information by posting the new contact information on the Website or by giving notice thereof to Customer. Customer is solely responsible for keeping its contact information on file with EMarketing Solutions current at all times during the Term.