CONTRACTUAL TERMS AND CONDITIONS
1. BASIC UNDERSTANDINGS
1.1 If you are a new client we may first conduct a site survey to establish the feasibility of offering internet connectivity.
1.2 If we are able to offer internet connectivity we will issue a quotation for the cost of any equipment that may be needed and the cost of installation (“the equipment and installation cost”).
1.3 If you accept the quotation you must pay the equipment and installation cost before we install the equipment. You must complete the application form for the level of connectivity you want. You confirm that you will grant us access to the premises to enable us to install the equipment.
1.4 You confirm that you have chosen the services and products that suit you. We do not warrant that the services will suit your purposes.
1.5 Any products and services supplied to you are intended for your own use and not resale. You may not resell the products and services or other services unless you first obtain our written consent. We may also report such conduct to ICASA.
1.6 If you supply services using the services supplied to you by us you undertake to ensure that such third parties are bound by these same conditions.
1.7 You consent to our inspecting the premises where any equipment is located at any time.
1.8 We will be entitled to total control over the operation of all equipment that is used in providing services.
2. QUOTATIONS, COOLING OFF RIGHTS
2.1 We may withdraw any quotation after 7 days.
2.2 You have a cooling off period of 7 days when you may withdraw from the agreement without liability (section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“the ECT Act”).
3. RICA, DOCUMENTATION, CREDIT CHECK
3.1 You must provide a certified copy of your ID and your residential and business or postal address to us to comply with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”). If you represent a company then you must also supply the business address, postal address, registration number and business letterhead of the company.
3.2 We may withhold services until you have completed an application form and complied with RICA.
3.3 We may do a full credit check and assessment on you at any stage. By submitting an application form you consent to our doing a credit check on you with any credit bureau at any time.
3.4 We have the right to refuse to enter into a contract with you or to refuse to continue to contract with you but will not do so on the basis of unfair discrimination. We may decide not to continue to offer particular services but if we do so we will provide the service for the rest of the time paid for or refund a proportionate amount.
3.5 You confirm that all information given to us is correct.
3.6 You confirm that you are over 18 years of age and that you have the right to contract with us. We do not contract with persons under the age of 18 years.
4. DEBIT ORDER
4.1 We may insist on a debit order or may require you to pay electronically. By accepting these conditions you authorize us to debit your nominated bank account or credit card with any amount due for services and any other amounts payable.
4.2 This authority will remain in force until the services are cancelled (but including any period of notice).
5. PERIOD OF CONTRACT
5.1 This is a month to month contract. This means that the contract may be ended by you (or us) giving one calendar months’ notice (this means for example if you give notice on 10 February the contract will end on 31 March).
5.2 You will need to pay for services during any period of notice.
5.3 The notice period does not apply if you fail to pay or do not comply with your obligations.
5.4 We may (but will not be obliged to) end the contract without notice in the following circumstances:
5.4.1 if we are no longer able to supply the services for any reason including termination of any arrangements in terms of which we receive bandwidth; or
5.4.2 owing to circumstances beyond our control (including for example lightening, fire or natural events).
We will, however, need to refund any amount paid by you in advance if we are no longer able to comply with our responsibilities. If the contract ends for either of the above reasons our liability will be limited to any amounts paid in advance and we will not be responsible for any other losses that may you may suffer (this is highlighted because we are required to bring this to your specific notice in terms of section 49 of the Consumer Protection Act 68 OF 2008 (“the CPA”).
5.5 We do not offer a facility where you can pay for only a limited period of days. We only offer contracts on a month to month basis.
6. INTERRUPTION OF SERVICES
Services may be interrupted owing to circumstances beyond our control (including for example loss of service from our suppliers, lightening, fire or natural events). We will not be responsible for any losses that may occur because of such interruptions. (this is highlighted because we are required to bring this to your specific notice in terms of section 49 of the CPA).
7.1 All monthly payments must be made in advance by the 5th of each month.
7.2 You must pay any bank charges, cash deposit fees charged by the bank, and any bank charges where a debit order is not paid by your bank or has to be re-submitted.
7.3 You must also pay a fee of R50 (plus VAT) (this may be increased by one month’s notice) to us for each time a debit order has to be re-submitted.
7.4 We may charge a reconnection fee of R50 (plus VAT) (this may be increased by one month’s notice) where there has been suspension for failure to pay or exceeding your limit. We will reconnect as soon as it is possible to do so but we do not guarantee that we will be able to reconnect immediately. You will not be entitled to reconnection until all outstanding fees (including reconnection fees) are paid.
7.5 You must use your name and initials as a reference when making payments. We do not accept any responsibility for payments that cannot be traced where no or incomplete reference is used.
7.6 You cannot claim that you need not pay for services where they have been suspended because you did not pay or exceeded your limit.
8. DATA LIMITS AND SPEEDS
8.1 You may not use more than the data that is agreed. If you exceed your agreed data we may either stop providing further access to data for that month or reduce the speed of access.
8.2 Connection speed for home users may be reduced from 06h00 to 18h00 (when business users are prioritized).
8.3 The services are provided on a best-effort basis, which does not provide any guaranteed throughput to the internet.
8.4 Uncapped users are subject to a fair usage limit. Connection speed may be reduced if the fair usage limit is exceeded.
8.5 Different products may have different contention ratios (this means there may be a number of users who use a facility offered by us at any time).
9. CHARGES AND BILLING
9.1 We may increase any charge for services by giving one calendar months’ notice. If you do not wish to accept any change you should inform us and end the contract.
9.2 We will provide you with an itemised bill on request or where this is specified as part of the services provided to you. If you dispute any items on any bill you must communicate such dispute to us in accordance with our billing dispute procedures.
9.3 Services are billed and must be paid for in advance.
10.1 We does not as part of the services undertake to supply any anti-virus software (unless we specifically agree to this) or any means to prevent malicious code (this means anything that may allow unauthorized access, damage, disable or disrupt the normal operation of a computer, including any back door, time bomb, Trojan horse, worm, drop dead device or virus). In order to protect your information and equipment you must install your own protection. We will be happy to assist you with this.
10.2 We will not be responsible for any interruption in service or for any losses that you may suffer as a result of any malicious code, failure or malfunction however this is caused (this is highlighted because we are required to bring this to your specific notice in terms of section 49 of the the CPA).
10.3 You are obliged to take all reasonable steps to ensure that no unlawful access is gained to our systems and that no malicious code or viruses are introduced.
10.4 If you become aware of any threat or breach of security you must immediately inform us.
10.5 If any threat is detected or any breach of security occurs or if a take-down notice is received we may take whatever action is necessary including closing down any systems. We will not be responsible for any losses caused by reaction to such threats or breaches.
10.6 You undertake to co-operate fully with us in regard to any investigation and if changing of access codes and passwords is required.
11. NO INTERFERENCE OR ABUSE
11.1 You must not interfere with or attempt to fix any item of equipment that is used by us to provide the services to you. If you do so this may cause further failure and inconvenience. We do not accept any responsibility for any losses suffered for this reason.
11.2 You must not be abusive towards our employees.
12. PRIVACY, INTELLECTUAL PROPERTY
12.1 During the supply of services to you we will be in possession of your personal information. We undertake not to disclose the personal information that you have supplied to any other person unless this is required in order to provide the services to you, by law, a court order or if we need to do so to take action against you or legitimately report your conduct to a credit bureau.
12.2 We undertake to comply with all laws dealing with the protection of personal information, including the Protection of Personal Information Act 4 of 2013 (“POPI”). However, the use by you of social networks and disclosure of your personal information by you to third parties via the internet will in themselves endanger your privacy and we cannot be responsible for the results of such activities.
12.3 You undertake to recognize and honour all intellectual property rights (this means copyright, trade secrets and confidential information), whoever they belong to.
12.4 You undertake not to use the systems or services provided in order to achieve any unlawful purpose, including any infringement of copyright.
12.5 You confirm that you have or will obtain any consent that is required in order to download, upload, transmit or store any data.
13. SUSPENSION OR CANCELLATION OF SERVICES
The circumstances in which we may suspend services (temporary) or cancel (permanent) this contract, without any prior notice to you, are as follows:
13.1 if any payment is not received by the 8th of the month;
13.2 if any other amount is not paid on due date;
13.3 if you show a repeated disregard for payment or the contract terms;
13.4 if you cause any breach of security or fail to report any breach of security;
13.5 if you abuse or exploit the system;
13.6 if you abuse our employees;
13.7 if you fail to recognize or honour any intellectual property rights;
13.8 if any information that you supply proves to be false;
13.9 if we think (on reasonable grounds) that continued use of the services may result in the commission of a crime;
13.10 if you resell any products or services without first obtaining our written consent;
13.11 if you commit any other serious breach of the contract; or
13.12 if we receive a take-down notice.
14. EFFECT OF SUSPENSION AND CANCELLATION
If the services are suspended or the contract is cancelled:
14.1 You will not be entitled to any re-imbursement;
14.2 You may be barred from entering into any further dealings with us;
14.3 You may be reported to a credit bureau (ITC);
14.4 You may be reported to other organizations like ICASA, ISPA or WAPA; and
14.5 We will only re-instate services if you rectify all defaults.
These terms may be changed by us and you must check on our website to keep up to date. Any changes will only take effect one calendar month after they are made public.
16. NOTICES, COSTS
16.1 You agree to accept all notices electronically by email, fax or sms to any email address, fax number or cell phone number supplied by you. If you have supplied a street address or postal address we may use these addresses as well.
16.2 We may choose which means of delivery to use.
16.3 You accept that delivery will have been made on the date when any notice is sent by email, fax, sms, sent by post or delivered by hand. If you are not present when delivery by hand takes place you accept that it will be sufficient for the notice to be left at the address.
16.4 If we take legal steps you agree to accept delivery of all documents at the street address supplied by you to us. This is referred to by the Latin phrase domicilium citandi et executandi.
16.5 You agree to pay all legal costs that we may incur in taking legal steps against you.
If you are contracting for services on behalf of a company, close corporation or trust you may be required to personally accept responsibility for payment (a suretyship).
18. WAIVER AND INDEMNITY
18.1 You waive (this means agree not to pursue) any claim that you otherwise might have had against us or our employees, members or directors arising from the installation and use of the equipment and the services, unless this arises from our gross negligence.
18.2 You indemnify us (this means hold harmless) and our employees, members or directors against any claim by any person arising from the installation and use of the equipment and the services.
(This is highlighted because we are required to bring this to your specific notice in terms of section 49 of the CPA).
19. LAW, INTERPRETATION OF CONTRACT, AUP
19.1 The law and courts of South Africa will be used to resolve any disputes or deal with any claims.
19.2 If any condition of this contract is found to be invalid the rest of the agreement will remain.
19.3 You agree to our Acceptable Use Policy as published from time to time.
If any content is illegal, contrary to the Acceptable Use Policy or if we receive a take-down notice (this means a notice received from someone requiring us to remove content that we are obliged to obey because of section 77 of the ECT Act) we may take whatever remedial action that may be appropriate in the circumstances.
21. TRANSFER OF RIGHTS ETC
21.1 You may not try to pass on your responsibilities to any other person.
21.2 You may not transfer any right to receive services to anyone else.
21.3 We may transfer our rights and responsibility in terms of this contract to another service provider only if we give you one calendar months’ notice.
If either one of us chooses not to enforce our rights this does not mean that we cannot enforce those rights later.
[Revision history: These terms and conditions were last revised on 22 May 2016]