• This Acceptable Use Policy (“AUP”) sets out the parameters within which the End User must make use of Datasmith System, and in so doing agrees to be bound by this AUP.
• This AUP forms part of the Portal Terms and Conditions between the End User and Datasmith, which is available , and the End User is also bound to comply with this AUP in terms of the Principal Agreement.
• If an End User does not accept any of the terms of this AUP, now or after it has been amended, it must exit Datasmith System and not makes use of the Services.

• The following words and phrases have these meanings in this document:
  • “Datasmith” means Datasmith (Pty) Ltd, a private company registered in accordance with the company laws of the Republic of South Africa with registration number 1997/017037/07, its successors and lawful assigns.
  • “Datasmith System” means the website, Application Programming Interface (API), client-side application, and/or other facility made available to the End User for the purposes of accessing the Services.
  • “End User” means any person accessing Datasmith System for any purpose.
  • ”Malicious Code” means anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to:
    • Permit access to or the use of a computer system by an unauthorised third party, or
    • Disable, damage, erase, disrupt or impair the normal operation of a computer system.
  • “Personal Information” has the meaning assigned to it in terms of the Protection of Personal Information Act 4 of 2013.
  • “Principal Agreement” means the agreement between the Service Provider and the End User (or his/her employer or mandator as the case may be) in terms of which the End User is granted access to Datasmith System.
  • “Services” means the services provided to the End User by the Service Provider in terms of the Principal Agreement.
  • “Service Provider” means a party with which Datasmith has entered into an agreement for the provision of the Services to End Users by the Service Provider using the Datasmith System.

• The End User must comply with the terms of this AUP, and must ensure that its employees, officers, agents or any other person that accesses Datasmith System for or on behalf of the End User also does so. The End User is responsible for the conduct of any person who accesses Datasmith System login credentials assigned to the End User.
• The End User must act fairly, in good faith and with due consideration to the Service Provider and other users of Datasmith System when making use of it.
• The End User must not use Datasmith System in such a way as to cause inconvenience to the Service Provider or other users of Datasmith System. Such use includes without limitation the submission of bulk transactions that make excessive demands on system resources.
• The End User must not use Datasmith System to in any way infringe any third party’s copyright, patent, trade mark or other intellectual property right.
• The End User must comply with the Terms and Conditions of the Central Supplier Database as published by the Department: National Treasury of the Republic of South Africa as amended from time to time as well as all statute and regulation applicable to the supply of goods and services to government.

The End User may not use Datasmith System to engage in unlawful, abusive, or irresponsible behaviour, including:

• Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
• Monitoring data or traffic on any network or system without the authorisation of the Service Provider or Datasmith;
• Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and / or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks;
• Identity theft, including, but not limited to Internet scanning (tricking other people into releasing their passwords), phishing, pharming, password robbery, security hole scanning, and port scanning;
• Collection or processing of Personal Information relating to third parties without their consent; or
• The intentional dissemination of any Malicious Code.

• Only the authorised employees, officers and agents of organs of state may access the Datasmith System.
• The End User must take reasonable security precautions in its interactions with Datasmith System.
• The End User’s passwords should consist of at least 8 mixed alpha and numeric characters with case variations. The End User should not permit a common word to be used as a password. The End User must protect the confidentiality of its passwords, ensure that passwords are not shared, and should change passwords regularly.
• The End User (as an organ of state) must:
  • Ensure there is a master account, the login details of which must correspond with the organ of state’s account with the Central Supplier Database;
  • Create one account per user of the Datasmith System;
  • Only create user accounts in the Datasmith System for persons who are authorised to access the data provided via the Datasmith System;
  • Disable user accounts immediately upon the termination of a users’ employment with an organ of state or if that user is no longer authorised to access the data provided via the Datasmith System; and
  • Regularly review accounts created to ensure that are valid.

Datasmith may, without notice to the End User:

• Report to the appropriate authorities any conduct by the End User that Datasmith believes violates applicable criminal law; and / or
• Provide any information Datasmith has about the End User and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.

• Datasmith may, without notice to the End User, suspend the End User’s access to Datasmith System if Datasmith (whether on the request of the Service Provider or not) reasonably believes the End User is using Datasmith System in breach of this AUP. The End User must cooperate with Datasmith’s and/or the Service Provider’s reasonable investigation of any suspected breach of the AUP.
• Should the End User’s violation of the AUP be sufficiently serious, or if the End User consistently breaches the AUP, then the Service Provider may at its sole instance treat such breach as a material breach of the Domain Name reseller Agreement and act accordingly.

• Nothing in this document shall be interpreted as placing a duty upon Datasmith to monitor or enforce the End User’s activities and Datasmith disclaims any liability as a result of a failure to do so, and consequent misuse of Datasmith System is disclaimed.

• Datasmith reserves the right to amend this document at any time without notice, but will make the current version of this document available on Datasmith System. Please refer to the last revision date at the top of this document. Continued use of Datasmith System subsequent to any amendments having been affected constitutes your acceptance of this AUP as amended.

• Datasmith means Datasmith (Pty) Ltd, a private company registered in accordance with the company laws of the Republic of South Africa with registration number 1997/017037/07, its successors and lawful assigns.
• Principal Agreement means the agreement between the Service Provider and the End User (or his/her employer or mandator as the case may be) in terms of which the End User is granted access to the SageCSD.
• SageCSD means the internet portal of Datasmith at URL https://www.,sagecsd.co.za (including subdomains] or such other URL as Datasmith may choose from time to time.
• Services means the services provided to the End User by the Service Provider in terms of the Principal Agreement.
• Service Provider means a party with which Datasmith has entered into an agreement for the provision of the Services to End Users by the Service Provider using the SageCSD.
• You or the “user” means any person who accesses the SageCSD for any purpose.

• Datasmith provides the computer system and software client which allows the Service Provider to provide the Services to the End User. Accordingly the Services are provided by the Service Provider to the End User in terms of the Principal Agreement, and there is no agreement between Datasmith and the End User other than the terms of this document and the Acceptable Use Policy.
• For the avoidance of doubt, all aspects of provision of the Services and the relationship between the Service provider and the End User are dealt with in terms of the Principal Agreement including, without limitation:
  • Service functionality, the scope of the Services and adherence thereto
  • Implementation of any software and access to the Services
  • Training
  • Uploading and editing of data
  • Administration of users and user access
  • Security
  • Confidentiality
  • Privacy and data protection. and
  • Warranties (if any).

• Your use of and access to the SageCSD is at all times governed by the terms of these terms and conditions, and by accessing the SageCSD you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed the SageCSD.
• You also agree to adhere to the provisions of the Acceptable Use Policy, which is available here https://www.sagecsd.co.za
• If you do not agree to these terms and conditions, you must cease your access of the SageCSD immediately.
• Please note that, due to legal and other developments, Datasmith may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the SageCSD subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.

• Except where expressly stated to the contrary, copyright in the HTML, text, graphics, source and / or object code and all other works contained in the SageCSD is owned by Datasmith, which asserts and reserves all of its rights in this regard. Access to or use of the SageCSD will not in any way result in an assignment or license of any intellectual property owned by Datasmith or any other party.
• The contents of the SageCSD may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Datasmith. However, Datasmith permits you to display the content of the SageCSD on your computer and to print, download and use the underlying HTML, text, graphics, and other works available to you on the SageCSD provided that:
  • This is for the purpose of using the Services
  • You do not modify the content of this material and
  • this permission may be revoked at any time by Datasmith.
• No other use of the SageCSD is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the SageCSD, include the content of the SageCSD in or with any product that you create or distribute, or copy the content of the SageCSD onto your own or another's website, unless as set out in these terms and conditions.

• The express permission in writing of Datasmith is required before any hyperlink other than to the Home Page of the SageCSD is created. Permission, if granted, will be subject to the condition that the party linking to the SageCSD alerts users to the application of these terms and conditions. Requests for permission can be emailed to brandon@datasmith.co.za.
• Permission to link to the SageCSD is given without assumption of any liability. Datasmith reserves the right to withdraw permission granted to link to the SageCSD at any time and for any reason.
• The express permission in writing of Datasmith, which may be subject to conditions, is required before the SageCSD, any of its pages and/or any of the information contained on the SageCSD is framed. Requests for permission can be emailed to brandon@datasmith.co.za.
• Apart from bona-fide search engine operators and use of the search facility provided on the SageCSD for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SageCSD for any purpose without the prior written consent of Datasmith.

• Datasmith will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to the SageCSD or attempts to gain unauthorized access to any page on the SageCSD.
• While Datasmith takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of the SageCSD or by destructive data or code that is passed on to you through the use of the SageCSD.

• For the purposes of this clause “damages” means and includes:
  • All losses, liabilities, and damages relating to or arising from your use of this the SageCSD or the Services, howsoever arising, whether out of breach of express or implied warranty, breach of contract, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen by either of the Parties or not and
  • Legal costs (including legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.
• Your only recourse in respect of the provision of the Services is against the Service Provider in terms of the Principal Agreement, and accordingly, to the extent permitted by applicable law, Datasmith will not be liable to You or any third party (including by way of indemnity) for any direct or indirect damages (including consequential, extrinsic, special or incidental loss or damages which will include but not be limited to loss of property or loss of profit, business, goodwill, revenue or anticipated savings), or aggravated damages.
• You agree to indemnify and hold harmless Datasmith, its employees, officers and agents from any claim for damages made by any third party and arising out of or in connection with Your use of or access to the SageCSD or provision of the Services generally.

• These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Datasmith both agree to submit any dispute arising out of the use of the SageCSD to the exclusive jurisdiction of the courts of the Republic of South Africa.

• These terms and conditions contain the record of the entire agreement between users and Datasmith in respect of access to and use of the SageCSD.
• If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
• Datasmith's omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Datasmith in writing.
• Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.