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Terms and Conditions of Service

1. Introduction

  1. The objective of this website is to enable you to shop online for an extensive range of computer products (“Goods”) at reasonable prices.  The website is owned and operated by RyProTech (Pty) Ltd (“RyProTech”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“customer”, “user”, “you” or “your”) and every person using this website is deemed to have accepted these Terms and Conditions. By using the Website and by ordering any Goods from the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

 

2. Consumer Protection Act

  1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
  2. It is important that you the customer understands exactly what you are buying and what the terms and conditions in respect of the transaction are.  
  3. These Terms and Conditions are written in plain and understandable language. 
  4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request from us to explain it to you before you accept the Terms and Conditions or to continue using the Website.
  5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or RyProTech in terms of the CPA.
  6. These Terms and Conditions are divided into three sections, as follows:
    1. Part A – Orders and Sales;
    2. Part B – Privacy Policy; and
    3. Part C – General Legal Terms.

PART A

3. Orders and use of Website

  1. Only registered users may order Goods on the Website.
  2. To register as a user, you must provide a unique username and password and provide certain information and personal details. You will need to use your unique username and password to access the Website in order to purchase Goods.
  3. You agree and warrant that your username and password shall:
    1. be used for personal use only; and
    2. not be disclosed to any third party.
  4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
  5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
  6. You agree to notify RyProTech immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the consent of your parent or legal guardian, who will be liable for all payments in terms hereof.
  8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
  9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
  10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.
  11. An order is placed as follows:
    1. Order is placed on the website by:
      1. Customer chooses the product and adds to cart
      2. Customer selects to check out.
      3. Customer creates account and verifies details.
      4. Customer accepts terms and conditions.
      5. This is proceeded by an email notification that an order has been placed and an invoice for good selected is provided.
      6. A final stock check is performed and the customer is notified if there are any discrepancies with the order.
      7. A reminder for payment is then sent whereby the customer is encouraged to make payment so that the goods can be attained from the suppliers.
      8. The customer is then contacted to arrange delivery and the process is complete.
    2. An order made through the consulting services whereby alternative invoices are issued by representatives of Ryprotech.

 

4. Warranties

  1. Ryprotech's  warranty policies only cover the hardware of the goods.
  2. Ryprotech's warranty does not cover the software of the goods at all, including any operating systems.
  3. All warranty terms and conditions that are provided at the time of purchase, will apply, unless otherwise stipulated in the CPA in which case the CPA will prevail.
  4. Ryprotech shall inform the customer of the warranty that can be expected from the goods that it supplies. The warranties only apply to goods supplied by Ryprotech. Goods purchased from any third party, even if it is the same brand, will not be the responsibility of Ryprotech and will not be entitled to any support, replacement or credit by Ryprotech.
  5. All PC's are built to order and are based on customers requests and specifications. All PC's built to order will only qualify for the individual component warranty. There is no warranty on the entire PC.
  6. There will be no warranties on the following goods:
      1. Media (blank CD's, DVD's,etc)
      2. Consumables (ink cartridges and tonners)
      3. Paper
      4. Software that has been activated or used.

 

 

5. Seven Day Period "Cooling off period"

  1. In accordance with Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) you are entitled to cancel your purchase within seven (7) calendar days after date of receipt of the good(s) and obtain a full refund (excluding the courier fees) within 30 calendar days thereafter. 
  2. There are some exceptions to the “cooling off” period (Section 42.2 of the ECT Act). These exceptions include the following products in respect of which NO cooling off period shall apply:
  3.  Computer software which have been opened/ seals broken;
        Consumables which have been opened/ seals broken;
        Products which by reason of their nature cannot be returned (including electronic        vouchers) due to the fact that the security seal was tampered with and/or the product has been used.
  4. Non-defective hardware (such as optical drives, motherboards, speakers, etc) must be returned in their original, un-opened packaging to be able to be returned for a refund. 

 

 

6. Six month statutory warranty as per CPA

  1. If the goods become defective within 6 months of the customers invoice, the Ryprotech may provide the option for:
    1. Repair
    2. Refund
    3. Replace

Provided that the defect in the goods is a material defect that did not arise as a result of abuse, fair ware and tear or from failure to follow the manufactures instructions in the user manual.

    1. In the event that a customer requests a credit, the following will apply:
      1. The customer must produce the original invoice with the serial number of the unit on the invoice;
      2. A fault report will be drafted and sent with the defective product to the supplier.
      3. The customer must allow Ryprotech a minimum of 5 working days to determine and confirm the defect before sending the item to the supplier.
      4. The customer must allow the supplier a minimum of 5 working days to determine and confirm the defect as well as to get authorisation from the vendor of the supplier in order to pass the credit.
      5. Ryprotech will charge the customer the costs of repacking the goods
      6. Ryprotech will charge the customer for the customers use of the product
      7. All transportation costs will be covered by the customer as the onus falls on the customer for transportation of the products.
      8. Ryprotech will charge the customer the cost of replacing any damaged or missing goods, accessories, or any goods that was supplied  as part of the complete goods or bundle of goods.

7. Warranty void situations

  1. Goods received from customers exhibiting and of the following conditions are NOT eligible for warranty:
    1. Serial number labels removed / damaged or defaced;
    2. Warranty seals broken or tampered with.
    3. Any damage to the item:
      1. Caused by negligence (not following instructions in the user manual or over-clocking of any nature)
      2. Broken or dented casings (physical abuse or misuse)
      3. Damage caused by dropping the unit or the unit falling onto hard surfaces (drop damage)
      4. User induced damage to printed circuit board assembly (tampering)
      5. Burnt items (incorrect environmental conditions)
      6. Acts of God (Lightning, floods, storms, etc)
      7. Water damages (liquid spillage, etc)
      8. Insect infestation
      9. Incorrect usage according to the user manual
      10. Components added or removed from the PCB (modifications or unauthorized repairs)
      11. Any Unauthorised modification or repair work
    4. If you require any additional information you have reference to the product documentation or user manuals.

 

8. Limitation of Liability

  1. Ryprotech will not be held responsible for data loss of any nature or form whatsoever. It is the responsibility of the customer to ensure that data of whatsoever nature is backed up and kept safely prior to handling the goods in to us and that Ryprotech / the supplier / the manufacturer will not be responsible for or liable for any data loss of whatsoever nature.
  2. Ryprotech will not be held liable or responsible for any virus infestation, malware, trojans, adware, or any other software, whether threatened or real that may appear after the goods has been removed from its original packaging and been used.
  3.  In agreeing with these terms and conditions, the customer herby accepts the responsibility of the for mentioned points.  

 

9. Returns

  1. It is the responsibility of the customer, have defective goods returned to Ryprotech's premises to qualify for support.
  2. If you wish to return an unopened, NON-defective good for a refund, you may only do so within 7 working days of delivery (clause 5). Should an unopened good wish to be returned, a 15% handling fee will be charged and the product will have to pass the packaging inspection (clause 10) and warranty void situations (clause 7).  If the product fails this inspection a credit will not be issued.  
  3. Ryprotech reserves the right to charge a reasonable fee for the costs or any losses occasioned by the return of goods.

 

10. Packaging

  1. Items must be returned inside an anti-static bag, packed in a corrugated box with solid foam (not Styrofoam) surrounding ALL sides.
  2. Failure to meet these requirements may result with a warranty void.
  3. It is recommended that you return the goods to Ryprotech exactly as you received it.
  4. All goods must be returned with complete sets of accessories
  5. If the goods do not meet the above mentioned requirements, Ryprotech reserves the right to either:
    1. Scrap the packaging and charge for the repacking of the goods
    2. Return the item to the customer at their cost.

 

11. Repairs

  1. Goods will be repaired or replaced free of charge under the following conditions:
    1. The goods are still under warranty / in the warranty period
    2. The goods are not physically damaged (clause 7)
    3. Ryprotech's fault report is confirmed by the supplier.
  2. Ryprotech will prepare and issue a quotation for the repair of goods, which quotation will be furnished to the customer and on acceptance of the quotation by the customer, Ryprotech will undertake the repairs in accordance with the quotation.
  3. In the event that a quotation is requested by the customer, the customer agrees to pay a diagnostic fee of R180.00 for preparing an estimate, which includes labour in performing the diagnostic work, disassembly or reassembly required to prepare the quotation including any damage or loss of material or parts in the course of preparing an estimate. This charge will have to be paid by the customer, whether the quotation is accepted or not. This charge may change from time to time as Ryprotech sees fit.
  4. Ryprotech have the right of retention and lawful lien over the goods submitted for repairs until such time as the customer effects payment for the repairs and/or quotation fee in full.
  5. Turnaround time on repairs is 7 days after arrival however the customer must allow Ryprotech a minimum of 30 days to complete a repair request due to the availability and procurement of spare parts.
  6. Ryprotech will provide spare parts expected time of arrival to the best of its ability. If there are no spare parts available after 30 days of the Ryprotech receiving the signed and accepted quotation, then the customer may request an extension of the waiting period or can request to have the goods returned back to the customer in the condition that it was dispatched to Ryprotech.
  7. If goods are not collected within 90 days of the repair being completed, then Ryprotech may at its sole discretion elect whether to scrap or sell off the goods to recover the costs incurred for administration and storage. The customer hereby indemnifies Ryprotech to the fullest extent permitted in law against claims made against Ryprotech.

 

12. Sales and availability of stock

  1. Customers may place orders for Goods listed on the Website. RyProTech reserves the right to accept or deny such order subject to the availability of the Goods, the correctness of the information provided about the Goods and the price thereof and receipt of payment or payment authorisation by RyProTech for the Goods.
  2. Acceptance of the order by RyProTech will be confirmed in writing by sending a “confirmation or order” receipt to the Customer.
  3.  The sale will only be deemed to be concluded on date of delivery of the Goods.
  4. RyProTech reserves the right to cancel the order at any time and will refund any money paid by the customer.
  5. The Customer may cancel the order prior to delivery of the Goods.  After delivery of the Goods it may only be cancelled in accordance with the Returns Policy.
  6. If stock becomes unavailable after placing of an order, RyProTech will notify the Customer that the Goods ordered have become unavailable and refund any money paid at the written request of the Customer.  RyProTech is hereby indemnified by the Customer against any claim whatsoever as a result of unavailability of Goods.
  7. Stock of all Goods on offer is limited and RyProTech cannot guarantee the availability of stock.  
  8. The Goods are sold voetstoots.
    1. RyProTech will not be responsible for any defects latent or patent if such defects were pointed out to the Customer or if the defects were not known to RyProTech at the time of sale.
    2. The Customer hereby acknowledges that he or she has been made aware of the quality of the Goods and agrees to accept the Goods as they stand with all faults that were pointed out.

 

13. Purchase Price and Payment

    1. All payments must be paid prior to delivery of stock.
    2. RyProTech is committed to provide secure online payment facilities.
    3. Payment for Goods must be paid by -
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order.
      4. Instant EFT;
      5. cash on delivery; 
    4. The full amount of the order must be paid before the order will be confirmed, except where the parties agreed expressly on cash on delivery, which means that the Goods must be paid for in cash on delivery of the Goods.  In this instance RyProTech will issue a handwritten receipt to be signed by both the Customer and the representative of RyProTech as confirmation of payment and the sale.
    5. Cheque payments are not accepted.
    6. Orders not paid for within three days from order (or as agreed otherwise in writing) will be cancelled.
    7. Any additional costs of any nature whatsoever arising due to factors beyond the control of Ryprotech as included in an amended quotation issued by Ryprotech and accepted by the customer.
    8. The purchase price does not include charges for off-loading of goods at the clients  premises. Ryprotech shall provide at its cost the necessary labour, equipment or facilities required for the all loading of the goods.
    9. The customer has no right to withhold payment for any reason whatsoever. The customer is not entitled  to set off or deduct any amount due to Ryprotech, by Ryprotech against any debt owed by the customer to Ryprotech, nor shall any payment be withheld by virtue of any alleged counterclaim against Ryprotech by the customer.

 

 

 

14. Delivery of goods

  1. RyProTech will deliver the Goods to the Customer via courier fee if such delivery is to be made in Gauteng.  For all deliveries beyond the borders of Gauteng, delivery charges will apply.
  2. If the Goods are not delivered at the specified place or on the specified date, the Customer may in terms of s 19 of Act 68 of 2008:
    1. accept the delivery; or
    2. ask for delivery at the agreed delivery place, date and time, if:
      1. that date and time has not yet passed; or
      2. cancel the Agreement without penalty, and treat any delivered goods or as unsolicited goods.
  3. RyProTech will use its utmost endeavours to deliver the Goods as soon as reasonably possible, but no later than 10 (ten) days of receipt of your payment (“Delivery Period”). Should any circumstance arise which may delay the delivery of the Goods beyond ten days, the Customer may elect to cancel the order by giving RyProTech written notice of such cancellation.  If the Customer elects to cancel the order, RyProTech will reimburse the Customer for the purchase price.
  4. RyProTech can presume that the Goods have been delivered to the Customer if:
    1. the Customer has accepted delivery of the Goods; or
    2. the Goods have been delivered to the Customer, and
    3. the Customer does anything in relation to the Goods that would be inconsistent with RyProTech’s ownership of them; or
    4. after the lapse of a reasonable time the Customer keeps the Goods without telling RyProTech that he or she has rejected delivery.
  5. RyProTech is hereby indemnified against any loss or damage the Customer may suffer as a result of late or non- delivery of Goods.
  6. RyProTech reserves the right to refuse delivery until the payment for the goods has been received and verified.
  7. The customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforsaid and unless, in addition, the dealer notifies Ryprotech in writing within 3 business days of delivery of goods. The consumer shall bear the onus of proving that upon delivery any goods are missing or damaged or that the customer's order in any way not complied with.
  8. The customer shall be obliged to furnish information necessary to enable deliver, failure to do so or refusing to do so, or if it fails or refuses to take delivery, the goods shall be deemed to have been delivered to the customer upon notification.

 

15. Errors
RyProTech shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. If any patent or latent errors occur in this respect, RyProTech will not be held liable for any loss, claim or expense relating to a transaction based on any such error

 

PART B

16. Privacy policy

  1. RyProTech respects the privacy of its Customers and will take all reasonable measures to protect such privacy.
  2. The Customer will be required to provide RyProTech with certain personal information to ensure the correct documents be generated, but more importantly the name and addresses (postal and physical) of the customer, its e-mail address and telephone numbers, the status of the customer (whether it is a private or legal person) and if the latter, the names of its directors/members/trustees or duly authorised representatives, VAT number if applicable and any other information that may be deemed necessary by RyProTech from time to time.
  3. The customer is responsible to notify RyProTech in writing of any changes.
  4. RyProTech will not, without the prior written consent of the customer:
    1. use any personal information for any purpose other than:
      1. in relation to the ordering, sale and delivery of Goods;
      2. to contact the Customer regarding current or new Goods or services or any other goods offered by RyProTech or any of its business partners;
      3. to inform the Customer of new features, special offers and promotional competitions offered by RyProTech or any of its business partners; and
      4. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
    2. disclose your personal information to any third party other than:
      1. to the employees of RyProTech and/or its couriers for the ordering of Goods or when delivering Goods to you, and thus need to know the personal information for that purpose;
      2. to the suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods purchased which requires their involvement.
  5. RyProTech will use its utmost endeavours to ensure that all its employees, service providers and partners having access to your personal information are bound by this confidentiality clause.
  6. RyProTech will -
    1. treat all personal information as strictly confidential;
    2. take appropriate measures to ensure that all personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. promptly notify the customer of any unauthorised use, disclosure or processing of personal information;
    4. provide the Customer with reasonable evidence of compliance with the obligations under this policy on request; and
    5. return or destroy all personal information on written request from the Customer.
  7. RyProTech undertakes not to sell or make any personal information of its customers available to any third party other than as provided for in this policy, unless it is forced to do so by court order or any legislation.
  8. Whilst RyProTech will do all things reasonably necessary to protect the rights of privacy of its Customers, it cannot guarantee or accept any liability whatsoever for any unauthorised or unlawful disclosures of any personal information in its possession, made by third parties.
  9. RyProTech is hereby indemnified against any loss or damage whatsoever suffered as a result of any disclosures to any Third Party.

 

17. Ownership and copyright

  1. The contents of this Website, including but not limited to all material, information, Software, graphics, hyperlinks, data, logos, trade-marks and designs which are displayed on or incorporated in this Website are the property of and/or licensed to RyProTech and are as such protected by copyright and trade mark laws.
  2. The Customer is not permitted to use, distribute or reproduce any of this information without the prior written consent of RyProTech and nothing contained in the website may be construed as permission to use any of its contents for any reason whatsoever or acquire any rights to such information.
  3. Any trademarks of third parties displayed on the website remain the property of such third party.

PART C

18. Disclaimer

  1. The use of the Website is entirely at your own risk.  The Customer assumes liability for any loss suffered resulting from use of the Website or reliance on any information on the Website.
  2. Whilst RyProTech takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
  3. RyProTech is indemnified  against any liability for any damage or loss, whether direct, indirect or consequential in nature, arising out of or in connection with the access to or use of the Website and/or any content therein, including but not limited to:
    1. The use and/or reliance on any information provided on the Website;
    2. Any viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Customer’s computer system, network, hardware or software;
    3. The failure to or any delay in delivering of any Goods on time.
    4. Any inaccurate information published on the Website.
  4. Goods sold from the Website may, under certain circumstances, be under warranty from the suppliers, but the Website itself and all information contained on the Website is provided on a “as is” basis, without warranty of any kind, neither express nor implied, including, but not limited to the implied warranties of fit for a particular purpose, completeness or non-infringement, as the case may be.
  5. It is the responsibility of the Customer to satisfy himself prior to ordering the Goods that the Goods will meet the individual requirements, be fit for the intended purpose and be compatible with the Customer’s hardware or software requirements.

 

19. Links to Third party websites

  1. This Website may contain links or references to other websites (“Third Party Websites”) which are not within the control of RyProTech.  These Terms and Conditions do not apply to those Third Party Websites and RyProTech is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, the use of such Third Party Websites is entirely at your own risk and RyProTech is not liable for any loss or damage, whether direct, indirect or consequential, arising from the use of such Third Party Websites or the reliance on any information contained thereon.

 

20. Termination

  1. RyProTech may in its sole discretion terminate, suspend and/or modify this Website without any notice.
  2. If the Customer fails to comply with its obligations under these Terms and Conditions, including any failure to pay and fail to remedy such failure within 7 (seven) days of notice, RyProTech may in its sole and exclusive discretion suspend access to the Website without any prejudice to any other claims for damages.

 

21. Disputes

  1. These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa
  2. In the event of any dispute arising between the Customer and RyProTech the Customer hereby consents to the jurisdiction of Magistrate’s Court of the Republic of South Africa.
  3. Nothing in this clause 14 or the Terms and Conditions limit the right of any person to approach any tribunal or forum of competent jurisdiction in terms of the CPA.

 

22. Notices

  1. RYProTech hereby selects the following address as its address for the service of all formal notices and legal processes in connection with these terms and conditions:

57 Sunset Boulevard Serengeti Golf and Wildlife Estate, Witfontein,Kempton      park,1620

    1. RyProTech may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving RYProTech not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email. All notices sent -
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification.

 

23. General

  1. RyProTech may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  2. Any failure on the part of you or RyProTech to enforce any right in terms hereof shall not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  6. These Terms and Conditions contain the whole agreement between the parties and no other warranty or undertaking is valid, unless contained in this document between the parties.
  7. There are no understandings or agreements between RyProTech and the Customer nor have any warranties been given or representations made by or on behalf of RyProTech except as contained in this agreement.