Terms and Conditions
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern PENIT’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘PENIT’ or ‘PEN-IT’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is ERF 116 Mphaphuli, Makwarela Road, Sibasa, 0970.
PENIT operates as a limited company.
The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.
Terms & conditions and spam
4. Customer Obligations and Acceptable Use
The Customer agrees to use the Services in accordance with:
a) This Agreement;
b) Our Acceptable Use Policy (available at www.penit.co.za/acceptable-use-policy);
c) All applicable local, national, and international laws and regulations.
5. Content Management and Removal (Incorporating ISPA Clause 14)
5.1. The Customer is solely responsible for the content they store, transmit, display, or publish using our Services, including its legality, reliability, and appropriateness.
5.2. PEN-IT Solutions reserves the unequivocal right, at our sole discretion and without prior notice, to remove, disable access to, or suspend any content hosted on our infrastructure which:
a) We reasonably believe violates any law, regulation, or this Agreement (including our AUP); or
b) For which we have received a valid and legally compliant take-down notice from a rights holder or relevant legal authority.
5.3. Our action or inaction under this clause does not constitute a waiver of any rights or our ability to enforce the terms of this Agreement.
6. Suspension and Termination of Services (Incorporating ISPA Clause 15)
6.1. PEN-IT Solutions reserves the unequivocal right to suspend or terminate the Services of any Customer immediately, without liability, if:
a) The Customer fails to comply with any provision of these Terms and Conditions, our AUP, or any other contractual obligation;
b) The Customer’s use of the Services disrupts or poses a security risk to our network, other customers, or third parties;
c) The Customer becomes insolvent, makes a voluntary arrangement with creditors, or has a receiver or administrator appointed.
6.2. We may, at our discretion, provide notice and a opportunity to cure the non-compliance where appropriate, unless the issue is of a severe or illegal nature, in which case suspension or termination will be immediate.
37 Protection of Minors:
37.1 You must ensure that when children access the Internet Services they do not access websites that have illegal content, including, but not limited to, pornographic content and gambling.
37.2 You also guarantee that you will lock the Internet Services with a password to prevent unmonitored access.
38 Violation of Acceptable and Fair Usage Policy:
38.1 PENIT does not routinely monitor the activity of Service accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although PENIT has no obligation to monitor the Service and/or the network, PENIT and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and PENIT Customers. RAIN prefers to advise Customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that PENIT or its suppliers, in their sole discretion, believe violates this Policy, PENIT or its suppliers may take any responsive actions they deem appropriate.
38.2 These actions include, but are not limited to, temporary or permanent removal of content, Cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service. Neither PENIT nor its affiliates, suppliers or agents will have any liability for any of the responsive actions. These actions are not PENIT’s exclusive remedies and PENIT may take any other legal, technical or financial action it deems appropriate.
38.3 PENIT reserves the right to investigate suspected violations of this Policy, including the gathering of information from the Customer/s involved and the complaining party, if any, and examination of material on PENIT’s servers and network. During an investigation, if PENIT decides to investigate, it may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorise PENIT and its suppliers to cooperate with law enforcement authorities in the investigation of any suspected legal violations in order to enforce this Policy. This cooperation may include PENIT providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, Customer name, physical address and other account information. Upon termination of your account, PENIT is authorised to delete any files, programs, data and e-mail messages associated with your account. The failure of PENIT or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold PENIT and its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from you engaging in any of the prohibited activities listed in this Policy, or resulting from your violation of the Policy or of any other posted PENIT policy related to the Service. Your indemnification will survive any termination of the PENIT Specific Terms and Conditions.
38.4 PENIT reserves the right, at its sole discretion, to take action against other types of abuse not listed herein and to investigate or prevent illegal activities being committed over PENIT’s network and services