Terms & Conditions
All services provided by Visec may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, The Republic Of South Africa Law, or any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Philex Enterprises, Inc, Visec, VISEC KWAZULU NATAL, VISEC -CAPE TOWN, or any subsidiaries from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Pornography and sex-related material is prohibited on all our software or servers. This includes services that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content
Any attempt to undermine or cause harm to a server, or customer, is strictly prohibited and will be prosecuted to the maximum extent of the law.
Renewal payment is due 1 week before an existing contract expires. All payments will automatically re occur from ones credit card account when renewal is next due.
All payments are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. Any billing disputes must be reported within 60 days of the time the dispute occurred.
Billing history will be supplied within ten business days.
Should you ever want to cancel your subscription service, simply call us or email us two weeks prior to the expiration date of your account. A onetime $12.95 cancelation fee will apply for all canceled accounts. You must then fax or mail a document to us to complete cancellation and you must retain a copy from us indicating your account was canceled. Otherwise re occurring billing will occur for the next contract term and you will be obligated to pay the next term.
Our calculation process is quick and easy and is done in a few minutes.
Visec Server Up-time
We have an up-time of 99.999%. We are very reliable, however at times usually in the night we must do maintenance, and thus the severs may sometimes be temporarily unavailable. We usually e-mail or post notice to let you when this will happen. Most of the time, we reroute traffic to alternate connections, until maintenance is complete, thus you notice no change.
Visec Video Surveillance software requires knowledge of the Internet, and a connection to the Internet. User is assumed to have knowledge and experience in how to use the Internet and how to set up an Internet connection.
Limitation of Liabilities Philex Enterprises, Inc., Visec, Visec Sub Sahara (Pty) Ltd
Visec sells surveillance software on an as-is basis and WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. CLIENT AGREES THAT ANY EFFORTS BY VISEC TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY VISEC WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT VISEC SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF VISEC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, VISEC'S liability shall be limited under this Agreement, regardless of cause, and shall not exceed the total amount of fees paid to VISEC for software only portions, by Client under this Agreement. VISEC makes no representation or guarantees as to the success of software in crime reduction, or criminal capture, and is not liable for such.
Data Loss, Backup
Visec is not liable for Client's data loss. Visec makes no guarantee, and assumes no liability for lost data, camera failure, server failure, or server crashes.
Governing Law, Jurisdiction. The construction, validity and performance of this Agreement in the USA and worldwide (except as described below in South Africa) shall be governed by, and construed in accordance with, the laws of the State of California, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any litigation or arbitration arising out of, relating to, or regarding the validity of, this Agreement shall lie in the County of Los Angeles, State of California.
The Republic Of South Africa
Governing Law, Jurisdiction. The construction, validity and performance of this Agreement in The Republic Of South Africa. shall be governed by, and construed in accordance with, the laws of the The Republic Of South Africa, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any litigation or arbitration arising out of, relating to, or regarding the validity of, this Agreement shall lie in the city of Cape Town, The Republic Of South Africa.
Notices. All notices must be in writing, and must be via either confirmed facsimile or mailed by registered or certified mail, postage prepaid and return receipt requested. All Notices to VISEC shall be addressed and delivered to:
In South Africa
Visec Sub Sahara (Pty) Ltd
Unit 9 First Floor
In USA and WorldWide
Philex Enterprises, Inc. 9045 Corbin Ave - - 2nd Floor, Northridge, CA 91324
Attention legal dept. Notices transmitted orally or by electronic means shall be deemed insufficient notice.
Agency The parties are separate and independent legal entities. Visec is performing services for Client as an independent contractor. Nothing contained in this Agreement shall be deemed to constitute either Visec or Client an agent, representative, partner, joint venturer or employee of the other party for any purpose. Neither party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other. Visec is an independent contractor, not an employee of Client. No employment relationship is created by this Agreement. Visec shall retain independent professional status throughout this Agreement and shall use his own discretion in performing the tasks assigned.
Visec reserves the right to cancel, or not renew an account at our discretion. We rarely do this, and only act in this manner if we feel the account content from the account is contradictory to the family values and beliefs we purport and represent.
Any terms or conditions that fail to be followed will result in grounds for account deactivation.
We want your stay to be as enjoyable as possible.
Please contact us for any questions you might have.