LEGAL – Imagine Standard Terms and Conditions (FTTH)

Effective from 01/10/2021

DEFINITIONS
In this Agreement, the words hereunder will have the meanings assigned to them below:-

AGREEMENT: means these Standard Terms and Conditions and any Application Form, Schedules, Annexures, Imagine’s Privacy Policy, Imagine’s Acceptable Use policy, Imagine’s mailbox rules and all other terms and conditions and attachments which may, from time to time, impose in respect of the Service/s, as amended and updated from time to time.

CUSTOMER/CLIENT: The party indicated as Customer / Client on the service subscription or application form

IMAGINE: Benwest Internet Services (Pty) Ltd trading as Imagine.

EFFECTIVE DATE: The Effective Date shall be the date on which the FNO confirms that the Customer link is operational. Should the Customer delay connection of the router for any reason whatsoever, this will not delay the effective date of the service. Billing will commence from the date that the FNO confirms an operational link.

FNO: means the Fibre Network Operator responsible for the installation, supply, monitoring and maintenance of the physical fibre infrastructure and ONT

FTTH: Fibre to The Home

ONT/OLT: Optical Network Terminal – Optical Light Terminal

SERVICE/S: means the service described in this application form and in Clause 1 below, including all software and equipment necessary for provision of the service/s and any other service that you may subscribe to or which may form part of Imagine’s offering from time to time.

VAT: means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.

The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons includes juristic entities and vice versa.

1. DESCRIPTION OF SERVICE AND SUPPLY
1.1 FIBRE TO THE HOME (FTTH) SOLUTION
1.1.1 Imagine shall supply the Client with the service as detailed in their Subscription Form and this Agreement or via a form on the Imagine Web Site, the Imagine Customer Control Panel, the Imagine HelpDesk system or via any other subscription channel that Imagine makes available to the Customer.
1.1.2 Access to and continued provision of this service is not guaranteed and is based on a favourable feasibility evaluation and coverage on the FNO network and then also on continued availability of the service in an area. FTTH is a broadband best effort service – speeds and continuous connectivity are not guaranteed.
1.1.3 Installation, setup and activation of the physical fibre line is carried out by the FNO, not Imagine and once complete is billed to Imagine directly by the FNO. This installation is for the customer’s account and will be billed either up front or on cancellation if the service is cancelled within the first 12 months after the Effective Date. Imagine will activate the customer account and will provide the Customer with a free to use router (which will remain the property of Imagine) allowing connection to the fibre network ONT/OLT at a single point within the customer premises. Courier fees for the router delivery are specified at the time of signup.
1.1.4 Any damage to the FNO’s ONT equipment will be charged directly to the client at the rate charged by the FNO.
1.1.5 All FTTH accounts are uncapped, unshaped, managed solutions.
1.1.6 The standard FNO installation fee includes an Access Build length (from the nearest FNO connection point to the point in the client’s premises where the ONT will be placed) as determined by the FNO. Should additional cabling be required over and above the FNO’s standard installation allowance, the FNO will quote the client directly for the additional build and those costs will be payable by the client either to Imagine or to the FNO, depending on the FNO’s procedures. These additional installation costs are payable immediately upon invoice.
1.1.7 Home Use : The FTTH Solution is designed for residential / home use only. This definition is in place on the basis that the FTTH solution is a home/residential solution and is designed and managed for a specific requirement of 5 or less home users per account. The FTTH solution is not intended for business use.
1.1.7.1 Customers requiring a business solution can apply for a FTTB (Fibre to the Business) Solution where available.
1.1.7.2 Imagine reserves the right to immediately and without notice, suspend or terminate the service of any customer not adhering to these requirements.
1.1.8 Fixed IP’s are available on request on certain FNO networks and carry an additional cost
1.1.9 If the client moves premises, there is no guarantee that the service will be available at the client’s new premises. In such a case, full applicable cancellation fees will apply. If relocation on the same FNO network is possible, service migration fees will apply as per the costs levied by the FNO for this service. Should the client relocate within 12 months of the Effective Date, an additional installation / activation fee may be applicable.
1.1.10 The FTTH service is a managed service. This is to ensure that all uncapped users on the network are provided with the best possible usage experience. During peak times, priority may be provided to real time services such as streaming and voice while services such as NTTP, Peer-to-peer and Torrents may receive lower priority.
1.1.11 Upgrading or downgrading of a service will carry an administration fee (which will be dependant on the FNO network on which the client has their service). The client will be billed for the highest line speed used in a calendar month.
1.1.12 The standard optional router supplied by Imagine is not intended to provide coverage around the whole of the client’s house/premises. Additional routers/access points can be quoted on if required. The supplied router remains the property of Imagine at all times. Supplied routers may be new or refurbished.
1.1.13 A call out fee will be applicable for any call outs or on site visits for faults not relating to an Imagine network fault or any fault not directly caused by Imagine.
1.1.14 All fault and support requests must be logged via the Imagine Helpdesk (helpdesk@imagine.co.za) response to and assistance with any logged ticket can take up to a maximum of 24 working hours. Working hours are Monday to Friday (8am to 5pm) and Saturday (9am to 1pm).
1.1.15 Outages can and do occur on the FNO networks and the municipal electricity supply which will affect the service supplied by Imagine IPS. These are outside of Imagine’s control and do not constitute a defect or failure of the solution or a breach of this Agreement. Imagine shall use its reasonable endeavours to ensure that the services are made available to the Customer throughout the duration of this agreement, in so far as such elements are within the reasonable control of Imagine.

2. EFFECTIVE DATE AND DURATION
2.1.1 The Effective Date shall be the date on which the FNO confirms that the Customer link is operational. Should the Customer delay connection of the router for whatsoever reason, this will not delay the effective date of the contract. Billing will commence from the date that the FNO confirms an operational link.
2.1.2 This Agreement will continue for a minimum of the initial contract period in Section A of the Subscription Form and then automatically on a month-by-month basis until such time as one calendar month’s written notice of cancellation is received from the client via the Imagine Helpdesk (helpdesk@imagine.co.za).

3. INSTALLATION AND MAINTENANCE
3.1 Fibre Installation/activations will be effected by an FNO approved technician or team of technicians. The technician/s will liaise with a Customer appointed representative directly to effect the installation. Imagine are not part of the fibre installation process and must be notified upon completion by the customer in order to timeously configure and deliver the router. Failure to notify Imagine will result in delays in provisioning the fibre service. The Customer will, without unreasonable delay, provide the access and paperwork necessary to install and maintain all equipment required to provide an operational network link.
3.2 Maintenance of Imagine Equipment
3.2.1 Imagine will maintain all Imagine equipment. The Customer undertakes to provide free and full access, to all equipment to an Imagine approved technician should the need arise. The Customer will also provide free and full remote access to all Imagine equipment when requested to do so by Imagine.
3.2.2 The Customer undertakes to use the Imagine equipment and related software only in strict accordance with instructions from Imagine. The Customer will be liable for any repairs or replacement of Imagine equipment for damage caused other than by the normal and instructed use of the Imagine equipment or for loss of the equipment via theft.
3.3 Insurance of Equipment
The Customer will be responsible for insuring all Customer and Imagine equipment on the Customer’s site against any form of loss or damage from all risks. This insurance should be of a value equal to the full replacement value of the equipment.

4. CHARGES & PAYMENT & CANCELLATION
4.1 The Service will be paid in full, in advance by the Customer by means of a monthly debit order or via EFT as specified in the Subscription Form. Fees for the first month of the Service are charged on a prorata basis and must be paid, along with any once off fees applicable prior to the service being activated. Full fees for the service must reflect in Imagine’s account a minimum of 3 days before the end of the month prior to the service that is being paid for to avoid suspension of the account. Should the client’s account be overdue, any payments received will be allocated to the oldest due amounts first.
4.2 All Service/s provided are to be billed as of the Effective Date. In the event of a single Service consisting of a number of components, billing will commence for each respective component of that Service as and when each component of that Service goes live.
4.3 Customer is responsible for and agrees to pay to Imagine all fees for the Service/s in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
4.4 A bounced debit order will incur an administration fee of R250.00 (Incl. VAT).
4.5 Unless otherwise stipulated, all prices specified include VAT.
4.6 Unless otherwise agreed, invoicing will be processed and delivered in advance and all invoices for Services will be settled, in full, a minimum of 3 days in advance of using the Service.
4.6.1 Imagine will suspend or terminate any unpaid service until payment is received in full. If the Service is suspended a reconnection fee of R1,000.00 (Incl. VAT) will be payable by the customer. If the service is terminated due to non-payment, a full reconnection fee equivalent to the full FNO Installation, Activation and Setup fee will be due any payable (along with any other outstanding fees) prior to the service being reactivated.
4.7 In the event of any dispute arising as to the amount or calculation of any fee or charge to which Imagine is entitled, the dispute shall be referred for determination to Imagine’s auditors. They shall act as experts and their decision shall be final and binding on Imagine and Customer. The cost of the determination shall be paid on demand by the party against whom the determination is made, or as determined by the said auditors.
4.8 Any amount falling due for payment by Customer to Imagine in terms of or pursuant to this Agreement which is not paid on its due date shall bear interest calculated from the due date for payment thereof until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%) charged by ABSA Bank from time to time, monthly in arrears. Continued non-payment will have the account referred for collection to AGS Collection agency or any other collection agent appointed by Imagine. All costs associated with the collections process will be payable by the client and will be separate from the fees payable for the Imagine services.
4.9 Imagine shall be entitled to increase the monthly fees referred to in this Agreement with 30 days written notice to the client.
4.10 Invoices will be processed and sent via email to the Customer’s designated contact indicated in the Application/Subscription Form for the service, unless the Customer provides a written request (via email to helpdesk@imagine.co.za) for delivery of invoices to another email address.
4.11 Should this Agreement be cancelled by either party for whatsoever reason within the first 12 months following the Effective date, then the FNO’s fibre installation fee/drop fee/activation fee/setup fee will be immediately payable to Imagine by the client unless such fees have been paid for up front to Imagine. The FNO’s installation/ activation/ setup fees are separate to any Imagine activation fees specified in the Subscription form. The free to use router remains the property of Imagine and must be returned to Imagine upon cancellation in good working condition with all required peripherals either by way of courier or hand delivered to the Imagine offices failing which the router will be charged to the customer at the then current retail value. If courier is selected then the rate of R199 will be billed to the signatory/account holder for collection of this/these device/s.
4.12 Cancellations must be sent in writing to helpdesk@imagine.co.za
4.13 The subscription/contract/Agreement is not transferrable.

5. CUSTOMER’S AGREEMENTS & OBLIGATIONS
5.1 This Agreement applies to all accounts, sub-accounts, and alternative account names associated with the customer’s primary account. The customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
5.2 By completing the order it is deemed that consent has been received by the customer from the landlord, owner or body corporate for the installation of the service.
5.3 Imagine reserves the right to amend or refuse access to Services, pricing or commission structures.
5.4 Customer shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by Customer passes.
5.5 Customer shall not commit nor attempt to commit any act or omission which directly or indirectly:
5.5.1 damages in any way Imagine’ technical infrastructure, network or any part thereof;
5.5.2 impairs or precludes Imagine from being able to provide the Service/s in a reasonable and business-like manner;
5.5.3 constitutes an abuse or malicious misuse of the Service/s;
5.6 or is calculated to have the above mentioned effect. In such an event, should Imagine incur expenses to remedy the situation, Imagine reserves the right to charge the Customer the amount necessary to cover Imagine’s additional expenditure. Notwithstanding the above, imagine reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
5.7 Customer is prohibited from modifying any equipment (including but not limited to router equipment) utilised by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such equipment.
5.8 Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Imagine, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alteri) if Imagine interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to Imagine or in the circumstances contemplated in clause 8.4 below.
5.9 Customer may not at any time use the Service in contravention of any South African law. In particular, Customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. Customer acknowledges that Imagine has no obligation to assist Customer in this regard.
5.10 The Customer in entering into this contract undertakes it will not re-sell or in any other way transfer the Imagine connection. Any attempt to do so, whether successful of not, will result in the service being terminated by Imagine, in which event the Customer will be liable for a termination fee.
5.11 The Customer undertakes to communicate with Imagine and its staff in a professional and courteous manner at all times. Failure to do so may result in termination of the service upon which any cancellation fees would be immediately due and payable by the customer.

6. COMMUNICATION: The Customer hereby agrees that Imagine may from time to time send you communications regarding (without being limited to) special offers/discounts which Imagine may negotiate for its members, operational changes such as maintenance or infrastructure upgrades that may affect the service and/or new services launched by Imagine from time to time as well as network outage notifications. Opting out of these notifications will remove The Customer from receiving any such notifications.

7. SECURITY
7.1 In order to ensure the security and reliable operation of the service to all Imagine Customers, Imagine hereby reserves the right to take whatever action Imagine finds necessary to preserve the security and reliability of its network.
7.2 The Customer may not utilise the service in any manner which may compromise the security of Imagine’s network or tamper with the service or the network in any manner whatsoever.

8. EXCLUSION OF LIABILITY
8.1 Except as otherwise expressly provided herein to the contrary, Imagine shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Imagine or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access to, withdrawal or suspension of or out of any information or materials provided or not provided, as the case may be.
8.2 Subject to clause 8.1 above, the entire liability of Imagine and Customer’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid or due by Customer under this Agreement for the period of 12 (twelve) months preceding Customer’s written notice to Imagine in respect of such claim.
8.3 Customer hereby indemnifies Imagine against and holds Imagine harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of Imagine is excluded in terms of clause 8.1 above.
8.4 Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of Imagine of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising therefrom, is excluded, and the provisions of clause 8.1 above shall apply mutatis mutandis to such exclusion.
8.5 Where the Service/s provided include Hosting Services, then, notwithstanding anything to the contrary contained in this Agreement, Imagine reserves the right in its absolute discretion and after the receipt by Imagine of any complaint from any governmental department, or any other third party (including but not limited to any Internet industry body or any other organisation) that Customer’s web site contains information that infringes against any third party’s rights in terms of the Constitution of the Republic of South Africa, the Electronic Communications and Transactions Act, any other legislative enactment or regulation in force from time to time, or is defamatory in nature, to immediately give written notice to Customer of Imagine’ intention to remove the offending information or any portion thereof from Customer’s web site. Should such offending information not be removed from the web site by Customer within 24 hours of written notice to that effect, Imagine shall be entitled to immediately remove the offending information or any portion thereof from Customer’s web site, or where it is not possible to remove such content, to terminate the Web Hosting Services of such Customer. Any removal or termination by Imagine shall in no way constitute a breach by Imagine of this Agreement.

9. DOCUMENTATION
9.1 Any specifications, descriptive matter, drawings and other documents which may be furnished by Imagine to Customer from time to time:
9.2 do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this Agreement;
9.3 shall remain the property of Imagine and shall be deemed to have been imparted by it in trust to Customer for the sole use of Customer. All copyright in such documents vests in Imagine. Such documents shall be returned to Imagine on demand.

10. BREACH
10.1 If the Customer hereto:
10.1.1 fails to make payment in full for a Service prior to use of that Service or;
10.1.2 where agreed, is invoiced after the use of Service and fails to make payment in full to Imagine within 7 (seven) days of receipt of invoice;
10.1.3 breaches any of the terms or conditions of this Agreement and fails to remedy such breach, as the case may be, within 7 (seven) days after the receipt of written notice from Imagine;
10.1.4 commits any act of insolvency;
10.1.5 endeavours to compromise generally with its creditors or does or causes anything to be done which may prejudice Imagine’ rights hereunder or at all;
10.1.6 allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or
10.1.7 is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered;
10.2 If Clause 10.1 is true, Imagine shall have the right, without prejudice to any other right which it may have against the Customer and in any event without prejudice to Imagine’s right to claim damages.:
10.2.1 suspend or terminate the Services;
10.2.2 treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the Agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the Customer until Customer has remedied the breach; and/or
10.2.3 cancel this Agreement;
10.3 Customer shall be liable for all costs incurred by Imagine in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.

11. CESSION AND DELEGATION
11.1 You may not cede any of your rights or delegate any of your obligations under this agreement without Imagine’s express written consent.
11.2 Imagine shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.

12. FORCE MAJEURE
12.1 Imagine shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of Imagine, provided that Imagine makes all reasonable efforts to perform.
12.2 It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of Imagine and the force majeure provisions shall apply:-
12.2.1 A FNO provider fault or municiple services fault that affects the Service/s; and/or
12.2.2 the non-performance, inability to perform or delay in performance by the FNO provider or provider of municiple services relating to the provisioning of equipment, services and/or facilities to Imagine that affects the Service/s; and/or
12.2.3 acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, electricity, lockouts, flood, storm or fire.

13. INTELLECTUAL PROPERTY
13.1 All Imagine intellectual property (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to Imagine. Customer undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by Imagine, or any of its third party suppliers. Imagine shall notwithstanding anything to the contrary, have no right, title or interest in any intellectual property that belongs to the Customer and/or that the Customer has the lawful entitlement to.
13.2 Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person’s intellectual property rights, and in particular warrants that it shall recognize, acknowledge and use any content in accordance with any third party’s intellectual property rights. Customer furthermore warrants that it has received all necessary permissions to make use of any intellectual property relating to 3rd parties.

14. PROTECTION OF PROPRIETARY INFORMATION
14.1 Each party will keep in confidence and protect Proprietary Information from disclosure to third parties and restrict its use to that which is provided for in this Agreement. Either party acknowledges that unauthorised disclosure or use of Proprietary Information may cause substantial economic loss. All printed materials, containing Proprietary Information will be marked with “Proprietary” or “Confidential”, or in a manner which gives notice of its proprietary nature. Proprietary Information shall not be copied, in whole or in part, except when essential for correcting, generating or modifying Proprietary Information for either party’s authorized use. Each such copy, including its storage media, will be marked with all notices, which appear on the original.
14.2 Each party shall ensure that its employees comply with its obligations under this clause.
14.3 This clause shall survive termination or cancellation of this Agreement.
14.4 This Agreement does not transfer to either party title to any intellectual property contained in any Proprietary Information of the other party.

15. WARRANTIES
15.1 Save as expressly set out in this Agreement, Imagine does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.
15.2 Without limitation to the generality of 18.1 above, Imagine does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service/s:
15.2.1 will be preserved or sustained in its entirety;
15.2.2 will be delivered to any or all of the intended recipients;
15.2.3 will be suitable for any purpose;
15.2.4 will be free of inaccuracies or defects or bugs or viruses of any kind; or
15.2.5 will be secured against intrusion by unauthorised third parties;
15.2.6 And Imagine assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause.

16. SURETYSHIP: The signatory to this Agreement, as the authorized representative of the Customer, hereby binds himself/herself to Imagine as personal surety and as co-principle debtor in solidum with Customer for the due, punctual and proper fulfilment and performance by Customer of all its obligations in terms of this Agreement. The aforementioned signatory hereby renounces all benefits arising from the legal exceptions of non numeratae pecuniae, non causa debiti, errore calculi and beneficio excussionus et divisionis, with the force and effect of which he/she hereby declares himself/herself to be fully acquainted.

17. DOMICILIUM CITANDI ET EXECUTANDI
17.1 For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, Customer chooses its domicilium citandi et executandi (“domicilium”) at the physical address appearing on the application form to which these Standard Terms and Conditions are attached. Imagine chooses its domicilium citandi et executandi (“domicilium”) at Imagine: 2nd Floor West Wing 158 Jan Smuts, 9 Walters Ave, Rosebank, Johannesburg, South Africa. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten (10) days of the said change. Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered to the other party’s domicilium and shall be presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that party on the tenth (10th) day after the date of posting or on the day of delivery as the case may be.

18. THIRD PARTY NETWORK CONNECTIONS: If the Customer intends to connect their network to other wide area networks (i.e. networks that are not Imagine networks) they must first obtain permission from Imagine before committing to the other network connections.

19. CUSTOMER DATA AND PRIVACY
Imagine is committed to protecting your right to privacy.
19.1 The client acknowledges that Imagine and our respective subcontractors or business partners (eg: FNO’s) will, by virtue of the provision of Services, come into possession of personally identifiable information from you or about you (Client Data).
19.2 Imagine has put in place and continues to maintain appropriate technical and organisational measures to protect Client Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
19.3 You acknowledge that Imagine and its respective subcontractors or business partners may use or process Client Data:
19.3.1 in connection with the provision of Services;
19.3.2 into databases/systems controlled by Imagine for the purpose of administration, fault resolution, provisioning, billing and related services, verification of client identity and solvency, maintenance, system and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and statistical analysis, and
19.3.3 to communicate to you about products and services of Imagine;
19.3.4 where required to by law.
19.4 You may withdraw your consent for the above by sending Imagine written notice to such effect. Should the Client Data be required for the continued provision of the service, we will be unable to process the request until the service has been cancelled and all outstanding billing has been settled in full. Where we cannot delete your personal data, we will take all reasonable steps to make it anonymous. Should any applicable law require us to keep the Client Data, we will be unable to delete it.
19.5 Imagine’s full Privacy Policy can be viewed on the Imagine website and this will always have the most up to date version of the policy available. This policy is subject to change without notice.

20. GENERAL
20.1 This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a South African court having jurisdiction.
20.2 In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail in the event of a conflict between any provision of this Agreement and the provisions of the CPA
20.3 Imagine reserves the right to amend this agreement from time to time with 30 days’ written notice to the client.
20.4 The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any representations not expressly set forth in it.
20.5 Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the Agreement between Customer and Imagine or not.
20.6 No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against either party hereto in respect of its right under this Agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this Agreement.
20.7 In the event that any provision of this Agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the statute, ruling or order.
20.8 Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
20.9 In the event of any expiration, termination or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall so continue and survive. In particular, termination or cancellation of this Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set out in Clause 17 above.
20.10 The terms and conditions appearing in the Schedule(s) hereto, are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail.
20.11 These terms and conditions, together with the Application Form/Subscription Form, Schedule(s), Annexures and attachments hereto, as well as the policies found on the Imagine website, constitute the whole of the agreement between Imagine and Customer relating to the subject matter hereof, notwithstanding anything in Customer’s inquiry, specification, acceptance, order or other documentation or discussion to the contrary.