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FTTH (Home Fibre) - Terms and Conditions
INTERNET SERVICES - TERMS AND CONDITIONS OF SALE
These Terms and Conditions, together with any Application Forms and Quotations, concluded between the Parties, constitute the entire agreement (“The Agreement”) between you (“The Customer”) and Web Squad Connect Pty Ltd (“Web Squad”), Reg. Number: 2016/056869/07.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, unless the context clearly otherwise indicates:
1.1.1. words denoting the singular shall include the plural and vice versa;
1.1.2. words denoting any one gender shall include each of the other two genders.
1.2. Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the signature date, and as amended or re-enacted from time to time.
1.3. The use of the word "including" followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
1.4. When any number of days is prescribed in this Agreement, it shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day which is not a Saturday, Sunday or South African public holiday.
1.5. Should any day for payment of any amount due in terms of this Agreement fall on a Saturday, Sunday or public holiday then the relevant day for payment shall be the following day which is not a Saturday, Sunday or public holiday.
1.6. No provision in this Agreement will be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have structured, drafted or introduced such provision and accordingly the contra proferentem rule shall not be applied in the interpretation of this Agreement.
1.7. The following expressions shall have the following meanings assigned to them and cognate expressions shall have corresponding meanings, namely:
1.7.1. “this Agreement” means this document and all addenda, annexures or schedules hereto, executed from time to time by the parties as well as all amendments to this Agreement and addenda, annexures and schedules;
1.7.2. “Customer” means the natural person concluding this Agreement with Web Squad for the provision of the Services;
1.7.3. “Commencement date” means the date as stipulated in the Application;
1.7.4. “Services” means collectively the internet and support services provided by Web Squad to the Customer;
1.7.5. “Web Squad” means Web Squad Connect Pty Ltd (“Web Squad”) a private company duly incorporated in terms of the laws of the Republic of South Africa with registration number: 2016/056869/07.
2. The Agreement shall commence on the Commencement Date, and shall, unless otherwise provided for, remain in force unless and until terminated in accordance with the provisions of this Agreement.
3.1. It is recorded herein that the Internet Services provided by Web Squad for access to the Internet shall be subject to the terms and conditions as set out in this Agreement and furthermore subject to Telkom's Standard Conditions for Public Switched Telecommunication Services, as amended from time to time, which is incorporated herein. The Customer shall obtain a copy of such terms and conditions, which is available upon request from Web Squad.
3.2. Web Squad shall provide the Software to enable the Customer to access and use the Internet through Web Squad’s facilities subject to the terms of this Agreement. For the avoidance of doubt, all rights in and to such Software vest in Web Squad. Web Squad shall establish and direct technical procedures for the use of the Services from time to time, and the Customer agrees to follow Web Squad’s reasonable instructions and procedures. Web Squad reserves the right to amend the technical procedures from time to time, which shall become effective without prior notice thereof to the Customer
The Customer acknowledges and accepts that:
4.1. the Services are used at his/her own risk;
4.2. Web Squad monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with this Agreement;
4.3. until the purchase price has been paid in full to Web Squad, save where the prior written consent of Web Squad has been obtained, notwithstanding delivery of Hardware or Software to the Customer, ownership of the goods shall remain vested in Web Squad until the entire purchase price and all other amounts due to Web Squad in terms of this Agreement have been paid in full;
4.4. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following:
4.4.1. unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic;
4.4.2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and
4.4.3. forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; and
4.4.4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or resale of access to CGI scripts installed on our servers.
4.5. use of the Services is subject to identity verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). The Customer is required to email or upload the relevant documents:
4.5.1. a full coloured, clear, legible copy of their valid Identity Document or Driver's License;
4.5.2. non-South African citizens may submit a copy of their valid Passport or International Driver's License.
4.6. Verification documents required by RICA must contain photo identification.
4.7. Failure to produce identity verification will result in the service not being activated, regardless of any amounts billed;
4.8. Should the Customer cancel all current Web Squad Services, identity verification will be required to sign up for new Services. However, identity verification will not be requested as long as verified Web Squad Services remain active.
5. PAYMENT AND CANCELLATION FEES
5.1. The Customer agrees and acknowledges that it is liable for the Fibre Network Operator Installation Fee.
5.2. The Customer agrees to effect payment by way of Debit Order and hereby consents to Web Squad deducting fees, deposits and other amounts from the account/s specified. Web Squad is entitled to increase its fees in line with the increases implemented by the Fibre Network Operators and inflations. Web Squad is entitled to increase the prices at its discretion and the client will be liable for the increased price.
5.3. If the Debit Order is not upheld then Web Squad shall be entitled to charge interest on the unpaid amount, which is payable by the Customer, at the overdraft rate charged by Web Squad's Bankers plus 2% per annum, compounded monthly and calculated from the due date of payment. Web Squad is also entitled to charge the Customer any penalty fee it incurs as a result of the Customer's dishonoured Debit Order.
5.4. Should Web Squad incur costs in the collection of any amounts owed by the Customer in terms of the Agreement, the Customer undertakes to pay such costs on the attorney-and-client scale as well as collection costs calculated at 10 % (TEN PERCENT) of each and every payment made in reduction of the outstanding amount, interest thereon and legal costs.
5.5. The Customer, shall be liable, and immediately pay upon demand, for unauthorised bandwidth usage over and above the agreed bandwidth usage in any particular month, notwithstanding the fact that the Customer may have access to and use of any additional bandwidth in such month.
5.6. Contracts for Fibre to the Home are on a month to month basis. The cancellation period will be 30 calendar days (one calendar month) in writing – minimum of 2 months service. If the Customer cancels the Agreement, then the customer will be liable for the following:
5.6.1. The full cost of any Fibre line ordered by completing the Application Form and then cancelling such Application Form. This could include activation and connection fees that Web sQuad have incurred.
5.6.2. Purchasing the router received from Web Squad for R699.00 or returning the router to Web Squad’s office in the same condition that the Customer received the router. Web Squad will not accept damaged routers and in the event that the router has been damaged then the Customer will be liable for the cost of the router; and
5.6.3. Web sQuad will charge a claw back on the Setup costs - including FNO activation fees, subsidised FNO install fees (if any) and delivery costs if the client cancels as follows:
220.127.116.11. All FNO (excluding Openserve): R 799.00 (incl VAT) if the client cancels within the first 6 months of service
18.104.22.168.1. For New Installation Orders placed between 1 August 2021 and 31 March 2022 as part of Openserve's free installation promo, and not migrations from copper: R 2500.00 (incl VAT) if the client cancels within the first 6 months of service
22.214.171.124.2. For New Installation Orders placed between 1 August 2021 and 31 March 2022 as part of Openserve's free installation promo, and not migrations from copper: R1500.00 (Openserve Installation fee) will be recovered pro-rata, in proportion to the remaining period up to 12 months (eg. Cancelling at month 10 (2 remaining months): (R1500/12)*2))
126.96.36.199.3. For New Copper Installation Orders placed between 1 August 2021 and 31 March 2022 as part of Openserve's free installation promo, and not migrations from copper: R 799 (incl VAT) if the client cancels within the first 6 months of service
188.8.131.52.4. For migrations (customers who already had a fibre service and migrated to Web sQuad: R 799.00 (incl VAT) if the client cancels within the first 6 months of service
5.7. The Customer acknowledges that the free to use router provided by Web Squad to the Customer remains the property of Web Squad and will need to be returned to our offices if the Customer cancels the service. Web Squad only provides one free-to-use router to each Customer.
5.8. Web Squad will only subsidize one activation per Customer irrespective of the Fibre Network Operator. If the Customers relocates, orders an additional service or cancels the service and then reactivates the service then the Customer will be liable for the full activation fee.
5.9. A customer is only allowed to downgrade or upgrade their service once per calendar month. Downgrades will only be effective at the end of the month within which the downgrade notification was received, upgrades will be effective immediately provided the Fibre Network Operator is able to provision the upgrade. Please note all clients on the Link Layer Network cannot upgrade or downgrade immediately a notice of 30 calendar days is required for a downgrade or upgrade to be provisioned by Link Layer.
5.10. Should any refund be due to the Customer once approved by Web Squad, can take up to 30 days to be refunded.
6. DISCLAIMERS AND LIMITATION OF LIABILTIY
6.1. The Customer agrees that Web Squad’s entire liability, and the Customer’s exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount the Customer paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
6.2. Web Squad disclaims any and all loss or liability resulting from, but not limited to:
6.2.1. access delays or access interruptions;
6.2.2. data non-delivery or data mis-delivery;
6.2.3. acts of God;
6.2.4. the unauthorised use or misuse of your account identifier or password;
6.2.5. errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
6.2.6. the interruption of your Service;
6.2.7. the Customer's or third party's access to and use of the Services, hacking, unauthorised interference with data, loss of business information or data, distributing technology to counter security, virus or other malicious service attacks, spam, errors or any other online infringements;
6.2.8. material, which may be accessible through use of and access to the Internet Services, and the Customer's access to, assimilation of, and distribution of all and any material accessed via the Internet, is at the Customer's sole risk;
6.2.9. the Customer's or third party's use of the Internet for unlawful purposes, including but not limited to, fraudulent activities, child pornography or other obscene material.
6.3. The Customer agrees that Web Squad will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, delict (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
6.4. To the extent that the provisions of the CPA are applicable, the Services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Web Squad expressly disclaims any representation or warranty that the Services will be error-free, secure or uninterrupted.
6.5. No oral advice or written information given by Web Squad, its contractor or employees, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
6.6. Web Squad will use its best efforts to maintain a full time Internet presence for the Customer who acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
6.7. Unless expressly authorised, account sharing, for any Services offered by Web Squad, is strictly prohibited and shall cause for immediate suspension and/or termination of Services without prior notice.
6.8. Web Squad acknowledges that every individual has the right to privacy and undertakes to keep such information private and confidential, however Web Squad may be legally obliged to disclose information to a competent court.
6.9. The terms of this section 6 and subparagraphs thereto will survive any termination of this Agreement.
7. RESPONSIBILITY FOR CONTENT
7.1. The Customer agrees:
7.1.1. to indemnify and hold Web Squad harmless from any and all Claims resulting from or connected with any activities conducted by you. You will promptly notify Web Squad upon receipt of any legal action arising out of activities conducted pursuant to this Agreement;
7.1.2. not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Web Squad reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Web Squad’s then current Acceptable Use Policy, in the sole and absolute opinion of Web Squad; 7.1.3. not to harm Web Squad, its reputation, computer systems, programming and/or other persons using Web Squad services. 7.2. Web Squad reserves the right to monitor user and network traffic for site security purposes and reserves the right in its sole discretion to remove information or data that is deemed to be offensive, indecent, or otherwise objectionable. 7.3. The terms of this Section 7 will survive any termination of this Agreement.
8. DOMICILIA AND NOTICES
8.1. Each of the parties choose its domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement at the following addresses –
8.1.1. Web Squad
Address: First Floor, Block E, Meadowbrook Office Park, OA Jacaranda Avenue, Olivedale, Johannesburg.
8.1.2. The Customer
Address: the address as stipulated on the Application Form
Email: the email as stipulated on the Application Form
8.2. Notices may be sent by email or by hand to the addresses referred to above.
8.3. Any notice required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing.
8.4. Either of the Parties may change its domicilium citandi et executandi to another address within the Republic of South Africa by, by way of a notice to the other party to this Agreement, provided that such notice is received by the addressee, at least seven (7) calendar days prior to such change taking effect.
9.1. Should either party breach any term of this Agreement, all of which are material, and fail to remedy such breach within 7 days after receiving a written notice to remedy such breach, the Aggrieved Party shall have the right, without prejudice to any other rights it may have in this Agreement or in law, to:
9.1.1. claim specific performance from the Breaching Party;
9.1.2. cancel this Agreement; and/or
9.1.3. claim damages arising out of such breach.
10.1. The parties consent to the jurisdiction of the Magistrate’s Courts of South Africa for matters arising from or in connection with the Agreement, provided that Web Squad may institute proceedings claiming relief, whether interim, permanent, urgent or not, from any Court in South Africa with jurisdiction to determine the matter.
10.2. The Customer acknowledges and agrees that it will be held liable for any and all costs incurred by Web Squad as a result of their violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs on the attorney and own client scale including collection costs.
10.3. The Service/s rendered by Web Squad shall be capable of change or variation by the Customer by way of the Online Account Management, and/or email, however Service/s shall not be capable of change or variation by way of telephone. Any variation of or addition to this Agreement will be not be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.
10.4. Web Squad shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the Customer.
10.5. No indulgence, waiver, leniency or extension of a right, which the Customer may have in terms of this Agreement, shall in any way prejudice Web Squad, or preclude Web Squad from exercising any of the rights that it has derived from this Agreement, and shall not be construed as a waiver of that right.
10.6. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. Web Squad reserves the right to amend these standard conditions from time to time.
10.7. Web Squad is entitled to update the terms of this Agreement without prior notice to the client and such updates will be published on its website at www.websquad.co.za.
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