Terms Of Service
Last updated: February 26, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: South Africa
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Neon Solutions, 39 Marina Crescent, West Beach, Cape Town, South Africa, 7441.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website that is an analytics solution that helps customers visualise their online data and create reports.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Website refers to Neon Solutions, accessible from analytics.neonsolutions.co.za
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. Acknowledgment
1.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
1.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
1.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
1.4 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
1.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
2. Fees and Payment
2.1 If you have agreed to a subscription price, It will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
2.2 Subscription Changes
2.2.1 If you change from a monthly billing plan to a annual billing plan, you will be billed for a full annual at the next monthly billing date.
2.2.2 If you change, add or remove additional features to your plan, We will bill you for the updated plan at the next monthly billing date..
2.3 For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively.
2.4 By agreeing to these Terms, you give Us permission to charge your credit card, or other approved methods of payment for fees that you authorize for Us.
2.5 You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Bitwarden any charge incurred in connection with your use of the Service.
3. Term and Termination
3.1 Your account and subscription of the Service remains in effect unless you terminate it or unless the Company terminates or you do not renew your account as provided by these Terms.
3.2 Term of the Terms of Service regarding Paid Services enters into force when We have received payment.
3.3 Upon the termination or expiration of your subscription, you must immediately stop using the Service.
3.4 If Customer’s continued use of the Service may result in material harm to the Company, its subcontractors, affiliates, or another customer of the Service, We may block or restrict Customer’s access to the Service, always provided that We do not adopt or undertake more far-reaching measures than is justified under the circumstances.
3.5 In addition, We are entitled to suspend an individual user’s continued use of the Service if the individual user has submitted information to the Service in breach of applicable legislation or otherwise used the Service in breach of the Terms.
3.6 Use Restrictions
Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services.
Without limiting the generality of the foregoing, you will not:
- violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
- take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
- deep-link to any portion of the Service for any purpose without Our express written permission;
- “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without Our prior written authorization; or
- violate any applicable local, provincial, national, or international law or regulation.
We may at any time suspend or terminate your access to the Service if We have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
4. Maintenance and Updates
We agree to maintain the application as long as the client’s subscription is active. Maintenance includes:
- Fixing of bugs.
- Ensuring the application is operational and accessible by the client.
5. Third-Party Services, Data and Content
5.1 The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites (jointly “Third-Party Services”). The Third-party Services from which the data can be gathered are selected by Us at Our sole discretion. We may always discontinue Third-Party Services if the service providers of the Third-Party Services in question discontinue the relevant services or discontinue providing such services to us.
5.2 We assume no liability whatsoever for the data or other content collected from Third-Party Services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various Third-Party Services and software. We do not assume any liability for such Third-Party services or software, and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with such third-party terms and conditions in addition to the terms of these Terms.
5.3 Furthermore, the Service may contain links to Web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over any third-party content. We undertake no responsibility to update or review any third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
6. Modifications to the Service
We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service at Our sole discretion. In any of the aforementioned cases, the client will be given 30 days notice. In the case of permanent discontinuation of a service used by the client, they will be reimbursed for the value of the remainder of their subscription.
7. Subcontractors
We may engage subcontractors to perform the Service under the Terms.
8. Conditions for the Redistribution of the Product
The product developed by Us for the client is for the exclusive use of the client and may not be sold, leased, or redistributed without the expressed permission in addition to a trade agreement between Us and the client.
9. Trademarks
Unless You provide Us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that We may use your name(s) and logo(s) in Our website, press releases, promotional and sales literature, customer/prospect presentations, lists of customers, and/or other similar situations in accordance with good marketing practices.
10. Confidential Information
If one or more of Our representatives shares non-public information about the Service with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information. The information processed by Our services for specific clients is considered confidential.
11. Disclaimer of Warranties
11.1 Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. We do not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding Us that is not expressly stated in these Terms.
11.2 However, We guarantee that it will perform its obligations in a professional manner and the Service shall be performed in accordance with the methods normally applied by a well reputed service provider.
12. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from Us. These communications may include notices about your account and information concerning or related to the Service.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed under the Laws of the Republic of South Africa and the Parties hereby consent to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town, in respect to any dispute arising from or in connection with this agreement.
14. Other Terms
Our failure to act in a particular circumstance does not waive Our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. We may change the content of these Terms, subject to posting a notice of change in its web page.
Contact Us
If you have any questions about this Terms of Service, You can contact us:
- By email: hello@neonsolutions.co.za
Without limiting the generality of the foregoing, you will not:
- violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
- take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
- deep-link to any portion of the Service for any purpose without Our express written permission;
- “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without Our prior written authorization; or
- violate any applicable local, provincial, national, or international law or regulation.
We may at any time suspend or terminate your access to the Service if We have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
4. Maintenance and Updates
We agree to maintain the application as long as the client’s subscription is active. Maintenance includes:
- Fixing of bugs.
- Ensuring the application is operational and accessible by the client.
5. Third-Party Services, Data and Content
5.1 The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites (jointly “Third-Party Services”). The Third-party Services from which the data can be gathered are selected by Us at Our sole discretion. We may always discontinue Third-Party Services if the service providers of the Third-Party Services in question discontinue the relevant services or discontinue providing such services to us.
5.2 We assume no liability whatsoever for the data or other content collected from Third-Party Services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various Third-Party Services and software. We do not assume any liability for such Third-Party services or software, and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with such third-party terms and conditions in addition to the terms of these Terms.
5.3 Furthermore, the Service may contain links to Web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over any third-party content. We undertake no responsibility to update or review any third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
6. Modifications to the Service
We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service at Our sole discretion. In any of the aforementioned cases, the client will be given 30 days notice. In the case of permanent discontinuation of a service used by the client, they will be reimbursed for the value of the remainder of their subscription.
7. Subcontractors
We may engage subcontractors to perform the Service under the Terms.
8. Conditions for the Redistribution of the Product
The product developed by Us for the client is for the exclusive use of the client and may not be sold, leased, or redistributed without the expressed permission in addition to a trade agreement between Us and the client.
9. Trademarks
Unless You provide Us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that We may use your name(s) and logo(s) in Our website, press releases, promotional and sales literature, customer/prospect presentations, lists of customers, and/or other similar situations in accordance with good marketing practices.
10. Confidential Information
If one or more of Our representatives shares non-public information about the Service with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information. The information processed by Our services for specific clients is considered confidential.
11. Disclaimer of Warranties
11.1 Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. We do not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding Us that is not expressly stated in these Terms.
11.2 However, We guarantee that it will perform its obligations in a professional manner and the Service shall be performed in accordance with the methods normally applied by a well reputed service provider.
12. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from Us. These communications may include notices about your account and information concerning or related to the Service.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed under the Laws of the Republic of South Africa and the Parties hereby consent to the non-exclusive jurisdiction of the Western Cape High Court, Cape Town, in respect to any dispute arising from or in connection with this agreement.
14. Other Terms
Our failure to act in a particular circumstance does not waive Our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. We may change the content of these Terms, subject to posting a notice of change in its web page.
Contact Us
If you have any questions about this Terms of Service, You can contact us:
- By email: hello@neonsolutions.co.za