Your Standard Terms and Conditions
- “Agreement” means this agreement and the annexures hereto which annexures are deemed to form an integral part of the Agreement;
- “Customer” means the party designated as such in the Service Agreement;
- “Initial Period” means the period specified in the Service Agreement;
- “Equipment” means the Hardware and/or supplies specified in the Service Agreement;
- “Service Agreement” means the schedule of charges and specifications of the Equipment and Service;
- “Minimum Monthly Amount” means the amount specified in the Service Agreement;
- “Maintenance” means the maintenance of the Equipment specified in the Service Agreement;
- “Normal Working Hours” means between the hours of 8h00 and 17h00 excluding weekends and public holidays;
- “Service” means the Maintenance and voice and data services, specified in the Service Agreement, which will be provided by Your Communications to the Customer.
Maintenance and Installation
- Your Communications will install Equipment specified in the Service Agreement.
- Your Communications will provide the Service to the Customer.
- Where this Agreement replaces a similar existing agreement, the Customer agrees to port their existing service numbers to Your Communications.
- Your Communications shall not be responsible for the continued operation, Maintenance and/or Service of any Equipment that is not specified in the Service Agreement.
- To utilize the Service the Customer must have broadband Internet access. The Customer agrees to install the necessary hardware and software in order to achieve broadband internet access.
- Due to the complex nature of broadband internet services, availability, and the underlying infrastructure, it may not be possible to provide the Service. In its sole discretion, Your Communications may, during the installation and commissioning process, cancel the installation and refund any money that the Customer may have paid in anticipation of installation and Services that cannot be completed or rendered. Your communications shall have no responsibility whatsoever for claims arising out of its inability or refusal to complete the installation or provide the Service, including but not limited to claims relating to the purchase or hire of the Equipment by the Customer.
- Your Communications will provide the Service for the duration of the Agreement. Your Communications shall not be liable for any loss of trade or profit, including consequential loss arising from malfunction of the Equipment or for failure to provide the Service due to causes beyond the control of Your Communications.
- Any breakdown in the Service which is due to the Customer’s misuse or negligence, or which occurs outside Normal Working Hours or where such breakdown of the Service may result in risk to the safety of the technicians attending to the Service, shall be attended to at Your Communication’s discretion and may be charged to the Customer at Your Communication’s usual rates in addition to the Minimum Monthly Amount.
Duration of Agreement
- This Agreement shall commence on the date of installation of the Equipment or on the date of signature of this Agreement whichever occurs first, however billing will occur from date of installation only.
- This Agreement shall continue indefinitely subject to the right of either party to terminate this Agreement upon not less than ninety (90) days’ written notice. No notice of termination may be given prior to the conclusion of the Initial Period. The Initial Period shall not exceed sixty (60) months, alternatively twenty four (24) months in the event that the Customer is a consumer as defined in the Consumer Protection Act 68 of 2008.
Invoicing and Payment
- Your Communications shall raise invoices for the Minimum Monthly Amount and all other charges incurred against the Customer on a monthly basis. Payment of invoices shall be due by the Customer within 7 days of delivery of invoice.
- All payments to Your Communications shall be made without deduction, set-off or demand, in the manner specified in the Service Agreement or agreed to by Your Communications in writing.
Limitation of Liability
- The Customer hereby indemnifies Your Communications and holds Your Communications harmless against any claim by any third party arising directly or indirectly out of the Customer’s access to or use of the Service or information obtained through the use of it, including any claim due to the use of the Service for unlawful purposes.
- Subject to the application of the Consumer Protection Act, if applicable in the event that the Customer is a consumer as defined in the Consumer Protection Act 68 of 2008 and save as expressly set out in this Agreement, Your Communications does not make any representations nor give any warranties or guarantees of any nature whatsoever in respect of the Service and all warranties which are implied or residual at common law are hereby expressly excluded.
- The Service is provided on a “fair use” basis, meaning that the Customer is to use the Service in a normal prudent and fair manner, as if the Customer were being charged by the minute (e.g. not leaving the phone connected for long periods with no activity). If the Customer is misusing the Service, Your Communications may suspend the Service.
- The Customer acknowledges that ownership of all Intellectual Property Rights shall at all times remain vested in Your Communications.
- Should the Customer commit a breach of this Agreement, and should such breach not be remedied within 10 (ten) business days after delivery of a written notice calling on the Customer to remedy same, Your Communications may, without prejudice to any other rights or damages claims which Your Communications has:-
- suspend the Service and performance of all other obligations in terms of this Agreement until the breach is remedied;
- cancel this Agreement.
- The Customer consents to the jurisdiction of the Magistrate’s Court, irrespective of the amount in dispute. Your Communications are however not obliged to institute action in the Magistrate’s Court. Your Communications shall be entitled to legal fees on the attorney/own client scale.
- The Customer chooses its main business addresses set out in the Service Agreement as the addresses for delivery of notices and legal process for all purposes in connection with this Agreement.
- The Customer may change its addresses by notice in writing to Your Communication, provided that any new addresses must be a physical address in the Republic of South Africa.
- The Customer may not cede, assign or in any other way transfer this Agreement to any third party without Your Communication’s express written consent, which consent shall not be unreasonably withheld.
- Your Communications shall be entitled, without notice to the Customer, to cede, delegate, sell or transfer all or any of its rights and/or obligations under this Agreement. If such cession, delegation, sale or transfer takes place, the Customer shall, from the date of such cession, delegation, sale or transfer hold the Equipment on behalf of any such cessionary, delegate, purchaser, transferee or other person.
- The terms herein and the Service Agreement represent the entire agreement in respect of the subject matter contained herein and no variation of, addition to, consensual cancellation or amendment of this Agreement will be of any force or effect unless reduced to writing and signed by both parties.
- Any indulgence afforded by Your Communications to the Customer shall not be construed as a variation and shall not prejudice its right to strict compliance in terms hereof.
- The Customer consents to Your Communications conducting an enquiry into the Customer’s creditworthiness with the Credit Bureaus.