Terms of Service 

Effective from 10 September 2020 

Introduction 

1. Internet-SA will provide the services as stipulated on the contract.
   The subscriber shall pay the subscription fee monthly in advance. The subscriber shall pay on notification of termination all outstanding amounts.  
2. The subscriber shall, in addition to the subscription fee pay all other taxes, duties or other imports that may be levied by any governmental authority in respect of the services rendered by Internet-SA in respect of the subscription fee.
   
3. An agreement in terms herein will come into force on the date ("The commencement") of compliance by Internet-SA with a request whether written or oral, from a subscriber for the provision of access to the Internet by way of the services.
   
4. The subscriber shall procure the observance of the terms of this agreement by all individuals or entities using the services of Internet-SA by virtue of the subscriber's IP address or his user account and hereby indemnifies Internet-SA against any claim by such parties arising out of such use of Internet-SA's services.

Compliance with the law 

1. The interpretation, implementation and enforcement of this agreement shall always be governed by law of the republic of South Africa and the subscriber shall not use the service in contravention of any South African law.
   
2. The Subscriber undertakes to inform itself of the relevant South African law and of the restrictions referred to in the above clause on a continuing basis. Internet-SA has no obligation to assist the subscriber in this regard.
   
3. The Subscriber shall comply with all restrictions imposed on other computer networks through which the information passes.
   
4. The Subscriber shall not undertake any act or commit any omission, which has an adverse technical effect on the integrity or functionality of Internet-SA's infrastructure.
   
5. If any act or omission of the subscriber has an adverse technical effect on the integrity or functionality of Internet-SA's infrastructure; the subscriber has an adverse technical effect on the notification to that effect from Internet-SA, forthwith take such steps as may be necessary to rectify the situation at The Subscriber's cost, failing which, Internet-SA shall be entitled to suspend the service until such steps as may be necessary to rectify the situation are taken by the subscriber.
   
6. If the subscriber uses the service with malicious intent or abuses the service. Internet-SA reserves the right to immediately suspend the service. Internet-SA reserves the right to immediately suspend the service and cancel this agreement without further notice to the Subscriber.
   
7. The Subscriber shall not, without the express written permission of Internet-SA having first been obtained, resell or make available to third parties the service provided by Internet-SA. In such event, Internet-SA reserves the right to terminate the service with immediate effect without notification to The Subscriber or it's reasons for doing so and to claim such damages as Internet-SA may have suffered because of the subscriber acting as aforesaid.
   
8. Internet-SA shall provide the services strictly subject to the availability of access lines and to the terms and conditions prescribed by the competent regulatory authorities.
   

Exemption or Liability 

Internet-SA shall not be liable to the subscriber or any party for:

1. Any costs or damages, whether direct or consequently incurred by the subscriber because of any interruption for any reason to the services or
   
   1. As the result of the termination of this agreement
      
   2. Arising from the service being disabled due to maintenance or repair work which the subscriber acknowledged will be necessary
      
      1. 1. Any information lost or rendered defective or unusable during transmission or storage by way of the Internet;
            
         2. Any defect, inaccuracy or error in any information received or transmitted by the subscriber using the service;
            
         3. Any defect, whether latent or patent and whether relating to the suitability or operability of equipment or software provided to the subscriber as part of the services and/or any loss or damages consequent thereto;
            
2. The subscriber agrees in the event of any defect or failure set out in 4.1 that he should nevertheless remain liable in full under this agreement during the term thereof.
   
3. If the services are interrupted for any reason for a period exceeding 48 hours Internet-SA shall reimburse the subscriber pro rata in respect of the period of interruption and the subscribers have no further claim against Internet-SA for reimbursement or for other loss or damages howsoever arising.
   
4. The subscriber indemnifies Internet-SA and holds harmless against all liabilities or obligations howsoever arising out of any claim by any third party (including any holder of copyright in the information) in respect of the information and/or it's retrieval and/or use by the subscriber. 

Pricing 

1. Internet-SA shall provide the service to The Subscriber at the prices indicated on the signed contract.
   
2. The Subscriber shall pay for the service to Internet-SA monthly in advance.
   
3. The Internet connection is charged at a fixed monthly subscription rate.  
   This is a nominal fee that is representative of the spirit of the Internet. For this reason, Internet-SA reserves the right to review The Subscriber's network utilization is more than The Subscriber's reasonable entitlement thereto.
   
4. Labour and travel costs are not included as maintenance. A standard callout fee which includes labour and travel will be charged for every callout
   
5. Re-installation charges will be levied if the client re-locates to other premises
   
6. New Installations 
   
   1. Before an installation will be scheduled the client is required to pay the following:
      
   2. A deposit equal to a 2-month subscription fee
      
   3. Registration fee
      
   4. Router/AP if required

Equipment and maintenance 

1. New Installations
   
   1. Standard installation includes:
      1. 1. 20m CAT5e cable
         2. Bracket
         3. 3m pole  
   2. Any other equipment required for installation will be charged to the client's account. If any special equipment is required, the client must provide the equipment.
      
   3. Upon review by Internet SA, in the case where installation has been completed and the service connection fails, the fees paid by the client will be reimbursed within 72Hours.
      
2. Maintenance Included
   
   1. Transmission equipment and power supply are included. Equipment replaced will be free of charge provided that a lightning protection plug is installed and not removed.
      
      1. 1. Transmission equipment and power supply is the responsibility of Internet-SA to maintain.
            
         2. Router/AP, lightning protection and internal network is the client’s own responsibility to install and maintain.
            
   2. A callout fee which includes labour and travel cost will be charged to the customer’s account.
      
   3. Maintenance does not include any cable damages.
      

Duration 

1. Notwithstanding the date of signature of this agreement, this agreement shall commence with effect from the commencement date and shall continue to be of force and effect until the termination date, where after this agreement shall terminate.
   

Notices 

1. Any notice, consent or other communication required shall be made in writing and shall be sent by post to the other party, which notice, consent or other communication shall be deemed to have been received by the other party on the seventh day after posting. Any communication made by The Subscriber shall be sent to Internet FS (Pty) Ltd., P.O. Box 95, Harrismith, 9880.
   
2. The Subscriber shall immediately notify Internet-SA of a change in address. 
   

General 

1. This document gives the entire agreement between the parties and neither of the parties shall be bound by undertakings, representations or warranties not recorded herein or reduced to writing and signed by each of the parties.
   
2. No addition to, or variation, or agreed cancellation, of this agreement shall be of any force or effect unless in writing and signed by or on behalf of Internet-SA and The Subscriber.
   
3. No indulgence which either party ("the grantor") may grant to the other ("the grantee") shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which may arise in the future.
   
4. Internet-SA shall be entitled at any time to assign its rights and/or obligations under this agreement to any third party.
   
5. The subscriber hereby consents to the jurisdiction of the magistrate's courts of South Africa in respect of any proceedings that may be initiated by Internet-SA arising out of this such proceedings in the supreme court of South Africa and in such event the subscriber consents to the jurisdiction of the said courts.
   
6. If any clause or term of this agreement shall be declared for any reason to be invalid, unenforceable or illegal then the remaining terms and provisions of this agreement shall be deemed to be sever able there from and shall continue in full force and effect. 
    
   In this agreement and unless the context clearly indicated a contrary intention, an expression which denotes any gender includes the other genders; a natural person includes an artificial person and vice versa. 

Breach 

1. The failure by the subscriber to comply strictly with any of these terms and conditions of this agreement shall constitute a material breach thereof. In such event Internet-SA shall be entitled forthwith to stop the subscriber access to the services.
   
   1. And to cancel this agreement forthwith and without notice and to claim all amounts due and such damages as it may be entitled to in law; or
      
   2. For a period of not more than 10 days ("the suspension period") to afford the subscriber an opportunity of remedying the breach, and if the subscriber remedies the breach to the satisfaction of Internet-SA within the suspension period to again allow access of the services against payment by the subscriber of a reconnection fee to be prescribed by Internet-SA from time to time. If the subscriber fails to remedy the breach within the suspension period. Internet-SA shall be entitled to proceed in terms of 8.1.1.
      

Schedule of Services 

1. A single user wireless account allows one location to attach to the Internet-SA network, and establish a PPP connection, for the purposes of transporting IP traffic, and related networking information necessary to allow the user to function and communicate over the Internet-SA network and the Internet. The user may connect to any Internet-SA supported facility in South Africa.
   
2. The user will receive the following from Internet-SA
   
   1. A user ID and password, which will allow the user to logon to a tower maintained by Internet-SA.
      
   2. The user ID will also allow them to receive Internet mail, which can be downloaded via the POP3 protocol. Outgoing mail can by uploaded by means by the SMTP protocol.
      
   3. Free telephone-based technical support from 07h00 to 20h00 Monday - Friday and 08h00 to 13h00 and 17h00 to 20h00 on Saturday and Sunday.