Legal Terms VPN

Brief Service Description.

The Triple H VPN Service is provided to Kerridge Commercial Systems customers requiring secure K8 client application access to the Backoffice Kerridge K8 Hosted Server Platform hosted in Teraco Isando by Triple H Cloud Services and Kerridge Commercial Systems. The Triple H VPN Services are transitory digital network communications services, which provide a secure tunnel from the customer site via a pre-configured and locked down router device and/or a user’s computer via a secure pre-configured software VPN profile. The incoming VPN connections are controlled, managed and hosted on the Triple H hosted infrastructure at Teraco Isando in Johannesburg South Africa.

Payment and Payment Terms;

Triple H VPN Services are subscribed to you on a monthly pay as you go basis. Your chosen payment method will be charged in arrears for the previous months usage, unless you decide to cancel your subscription for the Triple H VPN Services within at least one (1) calendar months’ notice.

Disclaimer and limitation of liability;

The Triple H VPN service is provided with  no uptime guarantee and is a best effort service offering. We are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors including Kerridge Commercial Systems services provided to you via the Triple H VPN Service.

THE TRIPLE H VPN SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE TRIPLE H VPN SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE TRIPLE H VPN SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE TRIPLE H VPN SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE TRIPLE H VPN SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COMMON LAW OR  THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE TRIPLE H VPN SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE TRIPLE H VPN SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE TRIPLE H VPN SERVICES WILL BE ERROR FREE OR UNINTERRUPTED.

We shall also not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond our reasonable control, including, without limitation, failures of your telecommunication or internet service providers or any other third party providers, Force Majeure, earthquakes, fires, floods, embargoes, labour disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Limitation of liability

There are inherent risks in relying upon, using, transmitting, or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the Triple H VPN Services.

YOUR USE OF THE TRIPLE H VPN SERVICES IS AT YOUR OWN RISK. NEITHER TRIPLE H NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE TRIPLE H VPN SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF NOTWITHSTANDING THIS PROVISION, TRIPLE H DOES INCUR LIABILITY IN LAW, THEN SAVE AS PROHIBITED BY LAW, THE LIABILITY OF TRIPLE H SHALL NOT EXCEED WHAT THE CLIENT PAID TO TRIPLE H FOR THE PROVISION OF THE TRIPLE H VPN SERVICES,

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Triple H Cloud Services PTY Ltd, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Triple H VPN Services, or any of your other acts or omissions.

Geographical access

The Triple H VPN Services are not geographically limited; however, we make no representations or warranties that the Triple H VPN Services are appropriate for use or access in your location and jurisdiction.

You access and use of the Triple H VPN Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Triple H VPN Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

Electronic communications

You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Triple H VPN Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

Miscellaneous

All users of Triple H VPN Services are obliged to ensure that they are familiar with the most current wording of the Terms. We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the Triple H website at www.triplehgroup.com/about/legal-terms-vpn.aspx. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the Triple H VPN Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.

We also reserve the right to modify, update, or suspend the operation of the Triple H VPN Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

The Terms constitute an agreement between you and us regarding the use of the Triple H VPN Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

You may not assign, delegate or transfer your rights or obligations under these Terms or our agreement to any third party. Notwithstanding the above, Triple H may on written notice to you cede and delegate our agreement with you to any third party.

These Terms and your use of the Triple H VPN Services are governed by the laws of the Republic of South Africa, without regard to its choice of law provisions.

Subject to the right of Triple H in each instance to elect to institute action for payment of the prices and any other amounts due due by you in any court of competent jurisdiction, in the event of any disagreement or claim (“dispute”) arising out of or relating to these Terms and our agreement  (including without limitation, as to its existence or validity), the senior executives of the parties or their delegates designated in writing shall endeavour to settle the dispute through bona fide negotiations within 14 (fourteen) days of the dispute being referred to them by written notice from either Party. Should the parties be unable to settle the dispute by the means and within the timeframe stated above, either Party may refer the dispute for final decision by arbitration in accordance with the rules for commercial arbitrations (“rules”) of the Arbitration Foundation of Southern Africa (“AFSA”), by one or more arbitrator/s appointed in accordance with the rules. The decision of the arbitrator/s may be made an order of court.  The provisions hereof shall not preclude any party from access to a competent court of law for relief in the form of an interdict, including a mandatory interdict; or an order for specific performance. For these purposes the parties irrevocably submit to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria.

Contact Information

Should you have any questions concerning this Agreement, or if you desire to contact the Company for any reason, please email to vpnterms@triplehgroup.co.za

These terms were most recently updated on 25 February 2021