TERMS AND CONDITIONS: TRUSTWAREHOUSE.COM

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement to make use of this service. By joining and/or using this service, the user acknowledges that he/she/they fully understand and agree to all parts of this user agreement, the privacy policy, and the terms and conditions.

General Information

This User Agreement constitutes the entire agreement between you and TrustWarehouse and governs your use of services.
TrustWarehouse.com and TrustWarehouse.co.za is Trust Warehouse International Trust; the shortened generic term "TrustWarehouse" incorporates the aforementioned.

Description of Services

TrustWarehouse is an independent service which allows trustee(s) to manage and administrate their trusts electronically. Trust documentation can be created and uploaded. Resolutions can be created and meetings scheduled. This is not a comprehensive list of functions available, but should give a general indication of available services. All information is stored securely and is available for download at any time when the service is online.

Requirements for joining

You are responsible for obtaining access to this service and understand that access may involve third party fees--such as Internet service provider and/or other charges: You are therefore responsible for all equipment and services necessary to access and make use of this service. This site performs best in Internet Explorer 7+ and Mozilla Firefox 3+.

Our services are only available to individuals who can enter legally binding contracts. Our services are not offered to minors.

Registration Obligations

With the use of this service, you agree to: (1) provide true, accurate, current and complete information about yourself, trustees and trust(s) when prompted by the required forms, and; (2) maintain and promptly update your documentation and information to keep it accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or it is suspected that such information is false, inaccurate and not current, TrustWarehouse has the right to suspend or terminate your account, and if required by law, to report the infringement(s) to the relevant authorities.

Billing and Payment

The user will pay to Trustwarehouse the service fees in the manner and amount set forth in the Registration and Payment Form(s).

TrustWarehouse may increase fees at any time on/or after expiration of the Initial Term by providing at least five (5) days prior written notice ("can be emailed") thereof to the user.

The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. All such taxes may be added to TrustWarehouse's invoices for the fees as separate charges to be paid by the user. All fees are fully earned when due and non-refundable when paid by the user.

Unless otherwise specified, all initial fees shall be payable upon sign up/registration/joining, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within seven (7) days after the date of the invoice.

If TrustWarehouse collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, or if TrustWarehouse prevails in any action to which the user and TrustWarehouse are parties, the user will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and TrustWarehouse's reasonable attorneys' fees.

In the event that any amount due to TrustWarehouse is not paid when due, TrustWarehouse, in its sole discretion, may immediately terminate this Agreement, and/or withhold, terminate or suspend services of and to the user.

There may be a minimum $50.00 (US) charge to reinstate accounts that have been suspended or terminated.

There may be a charge for all credit card charge backs.

The user(s) acknowledges and agrees that TrustWarehouse may pre-charge user(s) fees for the Services to its credit card supplied by the user during registration for the initial term.

All monthly options available to users of this service is a minimum 1 year contract. Your credit card will be set to recur on the specified amount until cancelled. Any breach of contract will result in the termination of your account without any refund. A penalty amount will be involved for cancelling your account before your term expires, depending on the remaining months on the user's contract period.

When your account term expires, the user will be notifed that it has expired and will be given one continuous week to repurchase membership or their account, and all information in and under that account, will be permanently deleted with or without notice.

YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US OR OUR THIRD PARTY PROVIDER(SHOULD WE USE ONE) TO AUTOMATICALLY BILL/SET AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS("RECURRING") OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY.

Refund Policy

Refunds will be issued if requested within 24 hours of payment.

Privacy Policy

Privacy is an important part of our service. Personal and trust information will be kept as confidential as possible. Your email will not be released to unethical internet marketing companies; TrustWarehouse frowns upon spam. TrustWarehouse assumes you have carefully read and fully agree to our complete Privacy Policy, which can be found on the TrustWarehouse webpage.

Password and Security

Your identification or passport number and password are required for the registration process. You are responsible for maintaining the confidentiality of the password for your account, and as such, are fully responsible for all activities that occur on your account. You agree to: (1) immediately notify the service provider (abuse@trustwarehouse.com) of any unauthorized use of your account or any other ("suspected") breach of security, and (2) ensure that you successfully exit ("log out") from your account at the end of each usage session. TrustWarehouse cannot and will not be held liable for any loss or damage as a result of failure to comply.

Member Conduct

You understand that all information and content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you ("the user"), and not TrustWarehouse, is entirely responsible for all content that you create, move, edit, delete, upload and/or post. TrustWarehouse does not screen or control the content posted via this service and as such, does not guarantee the accuracy, integrity or quality of it. You acknowledge that TrustWarehouse shall have the right, in its sole discretion, to refuse or move any content that is available on the database, if necessary, or in our own sole discretion.

You acknowledge and agree that TrustWarehouse may preserve data and may also disclose data from the database if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with legal processes; (2) respond to claims that any content violates the rights of third-parties; or (3) protect the rights of TrustWarehouse; or (4) as described in the Privacy Policy.

You explicitly agree not to abuse any parts of this service, and acknowledge that abuse can lead to legal action, suspension and/or termination of account(s), and being reported to the relevant authorities.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. You therefore agree not to abuse, reproduce, duplicate, copy ("in any forms"), or exploit any part of this service. If such actions are suspected or found your account will be terminated and/or suspended with or without notification.

Indemnity

You agree to indemnify, defend and hold harmless TrustWarehouse, subsidiary and affiliated companies and/or trusts, and each of their respective officers, directors, employees, shareholders, attorneys, founders, trustees, beneficiaries and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to user's use of this services. You agree that the terms of this Indemnity section shall survive any termination of this Agreement.

Modifications To Service

TrustWarehouse reserves the right to modify or discontinue, temporarily or permanently, the service ("or parts thereof") with or without notice, at any time. Therefore you agree that TrustWarehouse will not be held liable for any damages or loss that could or can result from such modification(s).

Identity Verification

Since user verification on the Internet is nearly impossible we do not do identity checking, we do however, use an algorithm to test whether an identification number seems to be correct. So the possibility of fraudulent identification numbers are reduced but not eliminated entirely. We accept no responsibility to ensure that the identification or passport number entered is owned by the person sitting behind the computer at the time of registration or otherwise.

Disclaimer

TrustWarehouse makes no guarantees in terms of our service or the success thereof. In addition, we make use of an excellent hosting company, but cannot guarantee connection(s) speed(s) and that there will be no disruptions in service(s). This service(s), in its parts and entirety, is used at every user's own risk. We, TrustWarehouse, are therefore set totally free of any liabilities, damages or loss that could possibly arise/occur, knowingly or unknowingly, through the ability or inability to use this service. However, if it becomes known to TrustWarehouse, in advance and not unexpectedly, that some event(s) will affect the use of service(s), either temporarily or permanently, we will notify all users and give ample time, at our discretion, to retrieve uploaded and created documentation from your account. It is expected and assumed that the user(s) of account(s) make print outs of documentation to safeguard in hard copy format immediately after its creation and/or revision to ensure effective and efficient back up of account files.

Copyrights

The website TrustWarehouse and it’s source code is copyright protected. No part of this website/service or its source code may be reproduced, stored in a retrieval system, sold, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TrustWarehouse.

The personal data contained in any materials prepared by the TrustWarehouse service belongs to the client, but the presentation of the data and the methods used to process the data are protected by a copyright in favour of TrustWarehouse. The client therefore undertakes to keep any material and non-personal information presented to him by TrustWarehouse confidential, and not to reveal the said materials and methods to any persons or institutions other than those authorised in writing by TrustWarehouse.

Breach

If there is a breach of any terms in this agreement, in TrustWarehouse's opinion or otherwise, your account will be terminated with or without warning or notification, with no refund of any fees.

Reservation of Rights

TrustWarehouse reserves the right to cooperate with and provide any and all user information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving TrustWarehouse's services. TrustWarehouse reserves all other rights to respond to violations to the extent of applicable law and in accordance with any applicable contractual obligations. TrustWarehouse may utilize technical means to monitor communications into, and out of, its facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this agreement and each user agrees that TrustWarehouse is authorized to monitor its communications through TrustWarehouse's network for such purposes.

Agreement

By joining and/or using this service, it is acknowledged that you fully understand and agree to all parts of this user agreement, the privacy policy, and the terms and conditions.