Terms & Conditions - The Copper RC
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Terms & Conditions

Important notice

The content between this notice, and the definitions clause below serves only as a summary of the general terms and conditions for convenience, and does not form part of the agreement between you and The Copper RC. You as a client have a responsibility to read the clauses referred to:
  1. You agree to provide The Copper RC with accurate, up to date information, and grant The Copper RC express permission to process your personal information. (clause 3, 15).
  2. You agree that these terms and conditions are subject to change without notice, and it is you as the client’s responsibility to check regularly for changes on The Copper RC’s website. (clause 4)
  3. Malicious and/or deconstructive behavior towards The Copper RC will under no circumstances be tolerated. (clause 5).
  4. You agree that any Products, Applications and/or Services that you choose are your responsibility, and were chosen at your own volition. (clause 7)
  5. You agree that failing to honor your contractual obligations may lead to suspension of Products, Applications and/or Services, and potential administrative charges. (clause 9, 15).
  6. You agree that either you, or The Copper RC can cancel services by giving reasonable notice. (clause 10)
  7. The Copper RC shall not be held liable for any damages, violations or transgressions. (clause 14).

1. Definitions

  1. “The Copper RC” means The Copper RC (Pty) Ltd, OpenVoid (Pty) Ltd or any of its subsidiaries, affiliates, or any other entity that The Copper RC (Pty) Ltd transacts with.
  2. “Datastore” is a repository for persistently storing and managing collections of data which include repositories like databases, files, emails, images, documents, etc.
  3. “The Copper RC’s Systems” means any physical or virtual devices, equipment, servers, environments, virtual servers, containers, datastores, databases, file systems or hardware capable of storing any form of information, transmission and/or media.
  4. “The Copper RC’s website” means the internet website at “thecopperrc.com”, or “thecopperrc.co.za”.
  5. “Agreement” means these terms and conditions, as well as all annexures, policy documents and service schedules attached to any of these documents.
  6. “Application” means a submitted request for a product or service.
  7. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
  8. “The Client” is the party described as such on any Application co-signed by The Copper RC, that has been submitted and successfully processed by The Copper RC.
  9. “Data” means electronic representations of information in any form.
  10. “Client Data” means any Data:
    1. transmitted to The Client,
    2. stored by The Client, or by The Copper RC,
    3. transmitted by The Client, or
    4. Related to The client.
  11. “Database” means a collection of data in any form whatsoever relating to The Client and/or it’s property.
  12. “Domain” means a domain name that has been registered with an Authorised Registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to host names.
  13. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
  14. “Malicious Code” means anything that contains any computer software routine or code intended to:
    1. allow unauthorized access or use of The copper RC’s systems by any party, or
    2. disable, damage, erase, disrupt or impair the normal operation of The copper RC’s systems,
    3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
  15. “General Terms” means this document.
  16. “Supplier” means any provider of services or equipment to The Copper RC.
  17. “User/s” means any person accessing any services, servers, applications, databases, content, or any form of digital media provided or owned by The Copper RC, or The Client.
  18. These General Terms apply to all Services, Products and/or Applications.

2. Applications & Initiation

  1. The Copper RC will provide services and products to The Client as described in an Application, Sales order or signed agreement.
  2. The Copper RC reserves the right to refuse to provide services to a client based on prior conduct.
  3. Each Service or product between The Copper RC and the client is a separate contract between The Client and The Copper RC, and the terms on one service does not apply to another service, unless a service is renewed or amended.
  4. The Client consents to The Copper RC requesting a credit check at any registered credit bureau.
  5. The Copper RC reserves the right to place any orders or services on hold pending the results of a credit check.
  6. The Copper RC reserves the right to refuse service based on the results of such a credit check.

3. Client Commitments

  1. The client confirms that all information provided to The Copper RC is accurate, up to date and factual.
  2. The client commits to providing The Copper RC with all the necessary information required to provide a service as described in any Application.
  3. The client consents to The Copper RC sharing information with service providers, affiliates and partners as required for the provisioning of services.
  4. The Client Consents to The Copper RC disclosing any information, regardless of confidentiality if required to do so by law.
  5. The Copper RC reserves the right to request verification of supplied information at any given time, including verification of the Primary Account Holder.
  6. The Copper RC reserves the right to suspend any and all services should The Client fail to verify information provided within one calendar month.
  7. The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorized by the Client to contract on the Client’s behalf.
  8. The Copper RC reserves the right to suspend, or terminate any system in the event that unlawful use of any service is reported, suspected or discovered.
  9. The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
  10. If the Client or its staff engages in behavior that is a contravention of the Acceptable Use Policy or may be considered offensive to The Copper RC or its staff, The Copper RC reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
  11. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

4. Terms Subject To Change

  1. The Copper RC may amend the General Terms and Service Terms at any time. The Copper RC will alert the client via email, news feeds or with notifications on their website stating that the Terms have been updated. The Client has a duty to check for updates at regular intervals.
  2. Updates and amendments will be effective one calendar month from the date it was published.
  3. Should The Client object to the updated or amended terms, The Client may terminate the agreement, and the termination will become effective at the end of the normal notice period.
  4. Should The Copper RC update it’s fees, this change too must take place as described in this clause (Clause 4.1 to 4.3).

5. Interactions With The Copper RC As A Brand And It’s Staff

  1. The Client will be held accountable for malicious conduct and allegations towards The Copper RC staff within the public, as well as the private domain.
  2. Abusive behavior of any form, including aggression, offensive language, threats, humiliation, intimidation, misconduct, misrepresentation, or any behavior with malicious intent will not be tolerated. In the event that such conduct exists, The Copper RC reserves the right to terminate\suspend Services, Products or Applications with immediate effect depending on the severity of such an incident.
  3. The Copper RC will not be held liable for any loss or damages should Services, Products or Applications be suspended or cancelled in relation to any terms as set out in this clause (Clause 5.1 to 5.2).

6. Service Availability

  1. The Copper RC cannot guarantee Applications, Products or Services upon receipt of an order request.
  2. Services, Products and Applications are subject to technical vetting to confirm feasibility, and the possibility of provisioning such services and/or applications.
  3. The Copper RC may formally make contact with the Client to discuss the possibility of providing a Service, Product and/or Application as outlined in the Client’s request.
  4. The Copper RC endeavors to maintain the availability of Active Services, Products and/or Applications, however, The Copper RC will not be held liable in the event that any such Product, Service and/or Application is rendered unusable to the Client, regardless of the context or circumstances under which such an incident occurs.

7. Choice Of Services And Products

  1. The Copper RC will endeavor to meet with The Client, either via digital media, or via a physical meeting to produce a scope of products as requested by The Client.
  2. The Client accepts full responsibility for the Products and Services outlined within the final application. It is The Client’s responsibility to ensure that their choice of products as outlined in the application conforms to their requirements, and The Copper RC will not be held liable for costs, compensation or delays in rectifying erroneous applications.
  3. Cancellation notices are subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT act“)
  4. The Copper RC provides a Product, Service and/or Application on the basis of a formally submitted application outlining the Client’s request, and offers no warranty on the sustainability or feasibility of the Products, Services and/or Applications that has been requested by The Client.
  5. The Copper RC reserves the right to remove Applications, Products or Services from their offerings should they deem it necessary. Contracts related to Active Products, Services and/or Applications that are removed from the list of offerings will be allowed to serve their term, and will not be renewed upon the expiry of such an agreement, unless agreed otherwise in writing between The Client and The Copper RC.

8. Referral Programme

  1. Clients may only use a referral programme to refer other possible clients.
  2. Clients that attempt to refer themselves under duplicated or spoofed names, or any other means, will not be eligible for any benefits.
  3. Clients utilizing a referral program will only be eligible for benefits if the referred client signs up with The Copper RC for more than 6 months. Benefits from the referral program will be proportional to the duration of a referred client’s contractual attendance.

9.Payment And Penalties

  1. The Copper RC reserves the right to change its prices at any given time, provided the Client has been given reasonable notice.
  2. Any prices that are changed, will not be effective within less than 1 calendar month, respective to the minimum term of a month to month agreement.
  3. The Copper RC only accepts Debit Orders for month to month and recurring services, unless agreed otherwise in writing.
  4. Debit Orders will be processed on 28th of each month.
  5. All Debit Orders will be charged Pro-Rata.
  6. The Copper RC will not be held liable for damages, delays, suspensions or terminations due to the use of payment methods that were not agreed on in writing.
  7. In the event that a Client’s Debit Order bounces, The Copper RC reserves the right to resubmit the Debit Order at any given time until payment has been successful, or an agreement has been made in writing between The Copper RC and The Client.
  8. Payments that remain outstanding past it’s due date may result in the immediate suspension of Products, Services or applications, which may or may not be specific, or related to the service in question.
  9. Products, Applications or Services that have been suspended due to non-payment will remain suspended until the outstanding balance has been settled, or an arrangement has been made, and agreed to in writing by both parties.
  10. The Client will not be credited for Product, Application or Service unavailability, losses or damages due to suspension for non payment.
  11. Should the client remain in arrears for three consecutive calendar months, The Copper RC reserves the right to terminate any agreements with immediate effect, unless otherwise agreed in writing by both parties.
  12. Products, Applications or Services that need to be brought back into production after the account was suspended or terminated may result in administrative penalties.
  13. Administrative penalties will be calculated based on the recurrence of such incidences with The Client, resources, time and setup required to ensure complete functionality.
  14. Such monies will be invoiced along with the outstanding amount required to settle the account, unless otherwise agreed to in writing by both parties.
  15. Penalty fees will be charged under administration, and is not reversible, nor refundable, regardless of when this payment is made.
  16. Product, Application or Service resumption may be subject to a 5 working day waiting period, regardless of when payment is received or cleared.
  17. It is the Client’s responsibility to raise any dispute, financial or otherwise, directly with The Copper RC, and in writing.
  18. The Copper RC will commence repairs, refunds or credit to The Client should The Client be successful in their dispute. Such repairs, refunds or credits will be at The Copper RC’s discretion.
  19. The Copper RC reserves the right to refuse reinstatement of Products, Applications or Services in the event that The Client has shown repeated failures to settle the account using approved payment methods.
  20. The means and extent of Suspension or Termination of Products, Applications or Services will be determined at The Copper RC’s discretion, and The Copper RC will provide notice of Termination or Suspension to the best of it’s abilities, and within reasonable time.
  21. Unless otherwise agreed in writing:
    1. Recurring Billing will commence on the date that a Product, Service or Application is deployed to production.
    2. Billing on recurring services will be billed pro rata, in advance, and partial months will be billed accordingly.
    3. All fees and other amounts payable are quoted and invoiced excluding VAT.

10. Debit Order Authorization

  1. By accepting these terms, The Client hereby authorizes The Copper RC to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the Products, Services and/or Applications they have selected, on sign up for a calculated pro-rata and thereafter on the 28th of each month (or on signup entirely for purchase of non-service products).  This sum being the amount for settlement of the monthly amount due by The Client in respect to Products, Applications and/or Services.
  2. The Client authorizes The Copper RC’s nominated agent to debit their bank account or Visa/Mastercard on The Copper RC’s behalf (the “authorized party”). The debit authority will remain in force until such Products, Services and/or Applications are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
  3. The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from The Client and that The Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

11. Term And Termination

  1. Any agreement The Client and The Copper RC enters into, will state the duration of the agreement.
  2. Unless otherwise specified, all agreements may be terminated within one calendar month notice by either party involved in the agreement.
  3. The Client must give Notice to The Copper RC in writing, after which the cancellation process can begin.
  4. The Copper RC will not be liable for any damages, losses, compensation or additional costs of any nature for incorrect cancellations.
  5. Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
  6. The Copper RC reserves the right to terminate agreements based on a breach of this agreement, or linked agreements which are viewed as a breach of the whole service contract.
  7. The Client acknowledges that The Copper RC may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with any upstream provider, affiliate, subsidiary or any other entity that The Copper RC transacts with.

12. Transferability

  1. Should The Copper RC agree to the acquisition or transfer of any Product, Application or Service, such Product, Application or Service will be transferred to the acquiring entity without pre existing obligations, and the recipient of the Products, Services and/or Applications will enforce their own Terms and Conditions.
  2. The Client will be notified of such changes and any impact to their service agreement within 30 days of such a transferal.
  3. Transferals from The Copper RC to an external party will be accompanied by all relevant documentation in The Copper RC’s possession that is related to The Client.

13. Client Information And Privacy

  1. Clients signing up for Products, Services and/or Applications as a Primary Contact are considered as The Client.
  2. No other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of The Client, unless agreed to in writing by both The Client and The Copper RC.
  3. The Copper RC will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2021.
  4. The Client consents to The Copper RC processing Personal Information in a way which is consistent with the Service being provided. Where the Client’s use of a Product, Service or Application leads to the transmission of Personal Information to/from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy, either in the Republic of South Africa, or in any foreign country to which the Personal Information is transmitted.
  5. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies The Copper RC from any claim brought by such third party as a result of its failure to do so.
  6. The Copper RC may retain backups for up to 5 years after termination, and the Client consents to such retention.
  7. The Copper RC gives no warranty in respect of the effectiveness of such backups, if any.

14. Security

  1. The Copper RC will implement good practice and industry standards to secure Products, Applications and/or Services, but does not guarantee that breaches of security will not take place.
  2. If The Client discovers a violation of security, or suspects a security violation to be imminent, The Client has a duty to inform The Copper RC as soon as reasonably possible, in a way that does not further risk compromising a Product, Service and/or Application.
  3. If The Copper RC discovers a violation of security, or suspects a security violation to be imminent, The Copper RC will endeavor to inform The Client as soon as reasonably possible, in a way that does not further risk compromising a Product, Service and/or Application.
  4. Should The Client suffer any loss or damages or data corruption as a result of a security breach, The Client will be liable for any damages if the violation was the Client’s fault.
  5. The Client must not do anything that may negatively impact the security of The Copper RC’s systems, and must take all reasonable measures necessary to ensure that:
    1. no unlawful access is gained to The Copper RC’s premises, The Copper RC’s systems, or The Client’s own systems;
    2. no Malicious Code is introduced into The Copper RC’s Systems; and
    3. The Client Data is safeguarded.
  6. If a security violation occurs, or The Copper RC is of the view that a security violation is imminent, The Copper RC may take whatever steps it considers necessary to secure any Product, Service or Application. This includes (but is not limited to) revoking access to systems or services, changing credentials, and disconnecting systems as a whole.
  7. The Client must give its full cooperation to The Copper RC in any investigation that may be carried out by The Copper RC regarding a security violation.
  8. If The Client is providing any service to third parties that makes use of The Copper RC’s Products, Applications or Services, The Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 14.
  9. By submitting any form of information, personal and otherwise, to The Copper RC, The Client agrees to the processing of this information in any way The Copper RC deems appropriate, including (but not limited to) Two-Factor authentication and/or Multi-Factor authentication.

15. Suspension Or Terminations Of Service

  1. The Copper RC may, subject to this Agreement, suspend or terminate services of The Client in its absolute discretion by providing email notice if:
    1. The Client commits a serious or repeated breach of the Agreement or The Client engages in any conduct which in The Copper RC’s opinion would have a negative impact on The Copper RC, other clients or The Copper RC’s staff or is detrimental to the welfare, good order or character of The Copper RC; or
    2. Any part of the Client’s Fees are not paid in full when due; or
    3. The information the Client supplied to The Copper RC is found to be incorrect or false; or
    4. The Copper RC reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
  2. The Copper RC reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
    1. Will not be eligible for reimbursement / compensation, unless at The Copper RC’s discretion
    2. May be further barred from signing up for any services with The Copper RC in the future
    3. May be reported to governing bodies, such as ISPA, for listing purposes
    4. May be listed with applicable authorities and credit bureaus.
  3. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

16. Limitation Of Liability And Indemnity

  1. The Copper RC will not be liable to The Client or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and including (but not limited to) direct, indirect, consequential or special damages, suffered by The Client and/or a third party, howsoever arising, and The Copper RC will moreover not be liable whether the loss was the result of the act or omission of an The Copper RC employee, or the consequences of such act.
  2. In the event that The Copper RC is nonetheless held liable, the quantum of The Copper RC’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of The Copper RC or any other cause.
  3. Use of a Product, Application or Service provided by The Copper RC indicates that The Client indemnifies and holds harmless The Copper RC in respect of any damages, loss, costs or claims instituted against The Copper RC arising from any Product, Application and/or Service, or breach of the terms and conditions applicable to the Product, Application and/or Service in question.
  4. These limitations on liability and indemnities apply to the benefit of The Copper RC itself, The Copper RC’s affiliates, subsidiaries, subcontractors, service providers, directors, employees, agents, and all other representatives.
  5. Nothing contained in this clause 15 will limit The Client’s liability in respect of charges incurred for the use or recurring costs of a Product, Application or Service.
  6. If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 15 is found by a court or tribunal with jurisdiction over The Copper RC to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 15 will have full force and effect.
  7. In the case of ambiguity, this clause 15 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

17. Notices

    1. All requests by The Client for the provisioning, modification or termination of a Product, Service and/or Application, and for modification of contact and other personal information must be in writing, and The Copper RC reserves the right to disregard any such request made in any other manner. 
    2. The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 17) arising from this Agreement (domicilium citandi et executandi):
      1. In the case of The Copper RC,
        14 Daniel Street
        Vredekloof
        7560
        Cape Town
        Western Cape
        South Africa
      2. In the case of The Client, the addresses set out in the most recent Service Order agreed between the Parties.
    3. The Client may vary its given postal address or other contact details by notifying The Copper RC in writing.
    4. The Copper RC may vary its given postal address or other contact details by notifying The Client via email, telephonically or on The Copper RC’s website within reasonable notice.
    5. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
      1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
      2. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee. 
    6. Despite the above, any notice that The Copper RC sends by email to an email account that has been used within 30 days to communicate with The Client will be deemed to have been received by the Client on the date of transmission.

 

18. Takedown Notice Procedure

  1. In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct The Copper RC to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act .Any enquiries can be directed to ISPA at:
    Postal address:
    PO Box 518,
    Noordwyk,
    1687,

    Midrand Tel: 010 500 1200
    Email: takedown@ispa.org.za

  2. Should The Copper RC receive a takedown notice from ISPA, The Copper RC will endeavor to:
    1. Notify the Client in good time of the takedown notice.
    2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
    3. Takedown any sites or services which are included in the ISPA takedown notice.

19. Interpretation And General

  1.  Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, addendum, annexure, waiver or cancellation agreed to by both parties will be of any effect.
  2. Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  3. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
  4. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
  5. Representatives. The signatories hereto acting in representative capacities warrant that they are authorized to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorized.
  6. Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
  7. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.