Terms and Conditions

TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

The terms and conditions in this document (“Terms and Conditions”) refer to the variety of products and services being offered by Stratalyze.

The subscriber or account holder is herein referred to as “customer” or “client”.

The document also sets out the duties, responsibilities and rights of both the customer and Stratalyze.

The Terms and Conditions form part of the customer’s agreement with Stratalyze. They apply to any account opened with Stratalyze and for any product used at any time.

 

These Terms and Conditions, as amended by Stratalyze from time to time depending on newproducts and new regulations; and any additional Terms and Conditions which comprise those relating to charges and other features for each type of product or service may be applicable.

Identification Requirements:

(a) Stratalyze shall only open accounts where it is satisfied that the true identity of the person applying for business relationship has been established.
(b) Stratalyze reserves the right to reject an application for a product in conformity with Stratalyze’s policies.

Account’s Authorisation:

(a) Individuals are personally responsible for their own accounts.
(b) Joint account holders/partners are not permitted.
(c) The customer shall notify Stratalyze in writing of any change in address, e-mail address or contact details.

Any changes made to the GENERAL TERMS AND CONDITIONS are immediately displayed and made on the Stratalyze’s website. The customer will be given reasonable notice of any material changes to these Terms and Conditions before they become applicable. It is the responsibility of the customer to be aware of these Terms and Conditions as amended from time to time.

CLOSING AND TRANSFERRING ACCOUNTS

Customers wishing to close their account(s), must do so by written instructions given to Stratalyze to close any account; the written instructions for closure must be signed in accordance with the customer’s signing mandate.

Stratalyze reserves the right to end its relationship with the customer or withdraw a particular type of product or service. Stratalyze will give the account holder at least 7 days’ notice in writing.

Stratalyze may take actions to close any account immediately if Stratalyze reasonably believes that:

(a) the account is not satisfactorily operated;
(b) the customer has provided false information when applying for an account; or
(c) the customer has been in serious or persistent breach of these Terms and Conditions or any additional conditions which apply to an account.

In addition to the above, Stratalyze reserves the right to take such other measures as it deems appropriate, including summarily closing the customer’s account for the following non-exhaustive reasons:

(a) if compelled by law,
(b) if the customer uses threatening and abusive behavior towards staff members Stratalyze; or
(c) if Stratalyze has reasons to believe that the customer’s account is being used forfraudulent and/or illegal purpose.

The reasons for closure of an account shall not be incumbent on Stratalyze to disclose to the

 

LIMITING LIABILITY

Stratalyze reserves the right to refuse to open/close an account or to provide any service without giving any reason for the decision.

Stratalyze may at any time vary the Terms and Conditions, and add to, vary or withdraw features of its services. Stratalyze will give reasonable notice of any changes and will use reasonable endeavours consistent with good practice, to ensure that if the change is material (as determined by Stratalyze in its absolute discretion) the notice period Stratalyze gives to the customer is sufficient to ensure that it has an opportunity to take any action, as appropriate.

Stratalyze will not be liable for any loss the customer may suffer including but not limited to:

(a) industrial dispute;
(b) failure or fluctuation of power or telecommunication supplies;
(c) breakdown in computer hardware or other equipment or error in any software;
(d) any failure or delay in the supply of services by any third party;
(e) changes in the law; and
(f) force majeure.

Stratalyze will not be liable for any indirect or consequential losses including (but not limited to) any loss of or damage to goodwill, profits or anticipated savings if Stratalyze fails to act for the reasons referred to above or any other reason whatsoever.

Stratalyze will not be liable in any circumstances for any losses which are not directly caused by actions which Stratalyze could not reasonably have foreseen.

DATA

The customer agrees that Stratalyze may use, hold and process, by computer or otherwise, in any location whatsoever, any information given by the customer in dealings with Stratalyze, or obtained by Stratalyze in connection with, or as a result of, the Terms and Conditions and any information relating to the customer’s accounts.

The customer agrees that Stratalyze may:

(a) use data for statistical analysis including behaviour and to identify products and services (including those supplied by other third parties) which may be relevant;
(b) store and process information obtained by Stratalyze or given in customer’s dealings with Stratalyze computers and in any other way.

Stratalyze will disclose data only:

(a) to any person who may assume Stratalyze’s rights under these Terms and Conditions;
(b) d) if Stratalyze has a right or duty to disclose or is compelled to do so by law;
(c) where it is required to do so to comply with its obligations to regulatory or supervisory bodies.

These Terms and Conditions and, unless otherwise agreed in writing, all agreements between Stratalyze and the customer, are governed by the laws of the Republic of South Africa. The parties hereto agree that any legal action or proceeding arising out of or in connection with these Terms and Conditions (or, unless otherwise agreed in writing, any other agreement between Stratalyze and the customer) is submitted to the jurisdiction of the Courts of South Africa. Thesubmission to such jurisdiction shall not be construed to as to limit the right of Stratalyze to take proceedings against the customer in whatsoever jurisdiction in which the customer shall have assets situated at any time nor shall the taking of the proceedings in anyone or more jurisdictions preclude the taking of proceedings in any other jurisdiction(s), whether concurrently or not.

Should the Customer not be satisfied with Stratalyze’s level of service or has any other complaint, it must contact Stratalyze as soon as possible, either in writing, in person, by telephone, online or by email. The complaint must be addressed to complaints@stratatlyze.com.

PRIVACY POLICY

All information given to Stratalyze by its customers is kept in the strictest confidence.

OUTSOURCING

Stratalyze may outsource some of its services to accredited suppliers. Stratalyze will undertake all necessary due diligence on these companies and will ensure that customers are provided with a service of the highest standards at all times.

AMENDING GENERAL TERMS AND CONDITIONS

 

Any changes made to the GENERAL TERMS AND CONDITIONS are found on Stratalyze’swebsite. Customers are deemed to be apprised of and bound by these changes.