Terms of use

Last updated: 06 July, 2017

INTRODUCTION

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using our website (the "Service") operated by Recurso ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

CONTENT DISCLAIMER

Postings on our Website are made at such times as Recurso determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Recurso does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

FEES

SUBSCRIPTION TERMS

Recurso offers a range of subscription plans to its Services (each, a “pricing option”). Each pricing option includes maximum allowed drivers that may be recorded by our Services on your registered web page in any given month of the subscription period.

You will select your pricing option as part of your registration for the Services, which may begin with a Free Trial (as defined in section (“Free Trial”) herein). Each subscription period for a pricing option will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly) You may choose to be billed for the pricing option annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.

Discounts will apply if you elect to pay quarterly, bi-annually or annually.

At the end of your current subscription period, your pricing option will automatically renew for a subscription period equal to your prior subscription period unless you provide Recurso with email notice (sent to info@recurso.co.za) of your intent not to renew your pricing option at least thirty (30) days prior to the end of the then-current subscription period.

To view the specific details of your pricing option, including pricing information and the end date of your subscription period, login to your account on the Recurso Website and click the “Account” page or contact us at info@recurso.co.za.

BILLING POLICIES, REFUNDS, OVERAGES, AND UPGRADE AND DOWNGRADE TERMS

  1. The fees for your pricing option are billed in advance of each billing cycle.
  2. In the event you cancel your pricing option, no refunds or credits will be provided for partial or unused months of the Services.
  3. If you exceed your pricing option’s limits in any given month, you will be either (a) charged a prorated overage charge for the month based on your current plan’s cost per driver, or (b) automatically upgraded to the next level pricing option for the remainder of your subscription period. We will always choose the less expensive option to you.
  4. If you upgrade your pricing option level, you will immediately be charged for the increased price of the upgraded pricing option, pro-rated to reflect the remaining duration of your subscription period, and you will be charged the full amount of the then-current rate for the new pricing option, as provided at pricing, beginning with your next billing cycle.
  5. If you desire to downgrade your pricing option level prior to the end of your subscription period, please provide written notice to info@recurso.co.za. The pricing option downgrade will take effect the first billing cycle that occurs more than thirty (30) days following your notice to Recurso, and you will not receive any refunds for payments made on your current billing cycle. Downgrading your pricing option may cause the loss of account content, features, or capacity. Recurso disclaims liability for any such loss.
  6. Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
  7. Any questions involving upgrades or downgrades to your pricing option can be directed to info@recurso.co.za.

FREE TRIAL

Subscriptions to the Services may begin with a free trial period during which you can try out the Services for trial days from the date you register (“Free Trial Period”). There is no limit to the features available to you during the Free Trial Period.

While you may not be required to enter your billing information in order to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends.

You may cancel your pricing option at any time during the Free Trial Period by following the steps described in section (“Account Cancellation”). Upon cancelling your account, you will immediately lose all access to the Services and any data or information stored within your account (see Section (“Term and Termination”) for additional details).

Recurso reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.

Subscribing companies who are already on trial won't be affected by changes in trial periods.

If trial ends on or before 14th of the month, you will be billed from the first day of that month. If trial ends after the 14th of the month, you will be billed from the first day of next month

CHANGES IN FEES

We may change the fees for the Services at any time or impose additional fees or charges.

Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new pricing option, you will be charged at the then-current rate for such pricing option, as provided at https://billing.recurso.co.za/pricing.

PAYMENT OF FEES

As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your pricing option, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.

We will bill the fees due under your selected payment options. You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your payment option, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.

We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in Z.A. Rands.

PAYMENT METHODS

All payments must be made using internet transfer and/or telephone banking. Please send us a payment confirmation if you are using a different bank than us.

No payment by cheques or direct bank deposit. If you deposit using these methods, all charges accrued will be billed to your account.

ACCOUNT CANCELLATION

You may change your pricing option at any time of the month, provided the newly selected option allows number of drivers that are currently registered.

Full refund if you cancel on or before the 7th of the month.

For clarity, if you cancel your plan prior to the conclusion of your current subscription period, you will remain responsible for payment for all subscription fees through the conclusion of your current subscription period.

NO WARRANTIES; EXCLUSION OF LIABILITiES; INDEMNIFICATION

OUR WEBSITE IS OPERATED BY Recurso ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Recurso SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY SERVICES YOU PURCHASE THROUGH IT. Recurso SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE.

YOUR USE OF OUR WEBSITE AND/OR ANY SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Recurso OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Recurso’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Recurso FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, Recurso DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. Recurso AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY SERVICES OFFERED THROUGH OUR WEBSITE.

Recurso MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Recurso. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Recurso aggressively enforces its intellectual property rights to the fullest extent of the law.

The names and logos of Recurso, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Recurso. Recurso prohibits use of any logo of Recurso or any of its affiliates as part of a link to or from any Website unless Recurso approves such link in advance and in writing. Fair use of Recurso’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Recurso.

Recurso has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Recurso shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

INDEMNIFICATION

You agree to defend, indemnify and hold Recurso harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Services you purchase through it.

CONTACT US

If you have any questions about these Terms, please contact us.