Terms of Service

Last Updated: July 2023

These Terms of Service ("Terms") govern your access to and use of the UptimePlex website and services (the "Service") operated by PlexCorp (Pty) Ltd ("we," "us," or "our"). Please read these Terms carefully before using our Service.

1. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Service.

2. Service Description

UptimePlex provides SSL certificate monitoring services that alert users when their website's SSL certificates are invalid, expired, or approaching expiration. While we strive to provide accurate and timely alerts, we can only guarantee 99.99% service uptime. We are not responsible for any damages, losses, or consequences resulting from delayed alerts, system downtime, or any technical issues beyond our reasonable control.

3. Account Registration

To use certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription and Payment

4.1 Free Trial. We offer a 30-day free trial of our Service. No payment information is required during the trial period.

4.2 Subscription Fees. After the trial period, continued use of the Service requires payment of subscription fees as outlined on our pricing page. All fees are quoted in South African Rand (ZAR) and are subject to applicable taxes.

4.3 Billing. You will be billed in advance on a recurring basis, depending on the subscription plan you select. All payments are non-refundable except as required by South African law or as explicitly stated in these Terms.

4.4 Changes to Fees. We reserve the right to change our subscription fees at any time. If we do change fees, we will provide notice of the change on our website or by email, at our discretion, at least 30 days before the change is due to take effect.

5. User Conduct

You agree not to use the Service to:

  • Violate any laws, regulations, or rights of third parties
  • Upload or transmit viruses, malware, or other malicious code
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorized access to the Service or related systems
  • Engage in any activity that could harm or impair others' use of the Service

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of PlexCorp (Pty) Ltd and its licensors. The Service is protected by copyright and other laws of South Africa and foreign countries.

The UptimePlex domain,logo and branding may not be used in connection with any product or service without the prior written consent of PlexCorp (Pty) Ltd.

7. Limitation of Liability

In no event shall PlexCorp (Pty) Ltd, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Failure of our Service to detect an expired or invalid SSL certificate
  • Downtime within our 99.99% uptime guarantee allowance

To the maximum extent permitted by applicable law, our total liability to you for any damages shall not exceed the amount paid by you to us during the six (6) month period prior to the event giving rise to the liability.

8. Disclaimer of Warranties

Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

PlexCorp (Pty) Ltd does not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements

While we strive to maintain a 99.99% uptime for our monitoring service, we cannot guarantee that all SSL certificate issues will be detected or that alerts will be delivered in a timely manner in all circumstances.

9. Indemnification

You agree to defend, indemnify, and hold harmless PlexCorp (Pty) Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic 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.

11. Consumer Protection Act

These Terms comply with the Consumer Protection Act 68 of 2008 (CPA) of South Africa. Nothing in these Terms is intended to limit or exclude any rights you may have under the CPA or other applicable South African laws.

12. Termination

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

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or cancel your subscription.

13. Changes to Terms

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.

14. Contact Us

If you have any questions about these Terms, please contact us via the support ticket facility in your customer dashboard.

PlexCorp (Pty) Ltd
Durban, South Africa