1. DEFINITIONS

1.1.         “Acceptance Date” means the date on which the Customer accepted this agreement.

1.2.         “Activation Date” means the date on which IINET will give the Customer access to and/or enable the Customer to use a product or service;

1.3.         “Fair Use Policy” (FUP) means the policy, which is available on the Website and is incorporated by reference in this Agreement, that regulates the use of the services;

1.4.         “Agreement” means this agreement entered between the Customer and IINET;

1.5.         “IINET” means iiNet Connect (Pty) Ltd, Registration number 2019/204427/07;

1.6.         “Business Day” means Monday to Friday, but a day which is an official public holiday in the Republic of South Africa;

1.7.         Business Hours” means the hours between 08h00 and 17h00 on a Business Day;

1.8.         “CPA” means the Consumer Protection Act, 2008;

1.9.         “Customer” means a user or host of any IINET services;

1.10.      “EC Act” means the Electronic Communications Act, 2005;

1.11.      “ECT Act” means the Electronic Communications Act and Transactions Act, 2002;

1.12.      “Equipment” means any device, equipment or hardware used to access the services or used in conjunction with the services;

1.13.      “PECN” means private electronic communications network as defined in the Electronic Communications Act.

1.14.      “ICASA” means the Independent Communications Authority of South Africa;

1.15.      “Juristic person” means a company or close corporation and included a body corporate, partnership, association or trust;

1.16.      “NCA” means the National Credit Act, 34 of 2005;

1.17.      “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;

1.18.      “Services” means any IINET internet access package and any other related internet services;

1.19.      “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991;

1.20.      ” Website” means www.iinet.co.za

1.21.      “Support Centre” means the IINET support services centre situated at: (i) 121 Main Road, Paarl, 7646. IINET may have various service centres in its network.

1.22.      “CPE Device” means the Customer premises equipment which shall be installed by IINET on the exterior of Customer’s premises.

1.23.      “Coverage Area” means coverage area falling within the signal radius of the Wireless/Fibre Network.

1.24.      “SLA” means Service Level Agreement.

  1. DURATION, TERMINATION AND COOLING OFF

2.1.         The agreement will commence on the acceptance date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided in this agreement. If the services applied for is not activated within 30 (thirty) days of the acceptance date due to an uncontrollable event, the agreement will automatically terminate, and no party shall have any liability to the other as a result of such termination.

2.2.         Customer may terminate Month to Month Installation agreement by giving 1 (one) calendar month’s written notice of termination prior to the end of the Initial Period to IINET.

2.3.         Customer may terminate 12-Month Installation agreement at the end of the 12-months period by giving 1 (one) calendar month’s written notice of termination prior to the end of the Initial Period to IINET.

2.4.         Customer may terminate 24-Month Installation agreement at the end of the 24-months period by giving 1 (one) calendar month’s written notice of termination prior to the end of the Initial Period to IINET.

2.5.         Early Terminations: Early terminations refer to scenarios where the Customer wishes to terminate the agreement prior to the agreement expiry date.

2.5.1.     The Customer shall be held liable to pay upon early termination or cancellation of the agreement, where applicable, Pro-rata installation fee and this will not be applicable to Month to Month Customers.

2.5.2.     The early termination/cancellations fee will be calculated at the time of requesting the early termination

2.6.         IINET may terminate this agreement by giving 1 (one) calendar month’s written notice to the Customer.

2.7.         Notwithstanding the termination of the agreement, in the event that the Customer continues to use the services despite the termination of the agreement, the Customer will remain liable for and promptly pay on demand all amounts that would have been due to IINET as a result of the use of or access to the services and this agreement shall be deemed to continue to apply until such time as all amounts due to IINET have been paid in full.

2.8.         Notwithstanding any provisions to the contrary in the Agreement, IINET shall (without payment of any penalty of whatsoever nature), be entitled to terminate Wireless Equipment Rental at any time (during the Initial Period or any renewal period thereof) on 30 (thirty) day’s written notice to a Customer:

2.8.1.     Should the Coverage Area be compromised; or

2.8.2.     if the quality of the Wireless Link or IINET is adversely affected due to any act or omission of Customer; or

2.8.3.     Should IINET suspend or terminate its Wireless/Fibre Network deployment for whatever reason; or

2.8.4.     Should IINET be required to do so by ICASA or in terms of any relevant legislation applicable to the usage of the unlicensed spectrum; or

2.8.5.     Upon request thereto by other telecommunication service providers due to breach by Customer of any of the terms and conditions applicable to the access and/or use of the Wireless Link; or

2.8.6.     Should Customer’s access and/or use of Wireless Equipment be in contravention of this Agreement or IINET’s policies and/or any applicable legislation; and/or

2.8.7.     Should the regulator make changes to the unlicensed spectrum which impacts on the provision of the Wireless Equipment Rental, Wireless/Fibre Network, and/or Wireless Link.

2.9.         IINET shall have the right at any time, and without liability, to immediately suspend its provision of the SLA Equipment Rental and continue to charge Customer therefore, if it is notified that

2.10.      In IINET’s opinion, the quality of the Wireless Link may be or is impaired, or otherwise adversely affected, due to any act or omission of Customer.

2.11.      Any Equipment has been reversed engineered, decompiled, modified, or tampered with in any way.

2.12.      Non-payment in terms of this Agreement or any Service Fees payable.

2.13.      Upon termination of this SLA Equipment Rental for any reason whatsoever Customer shall provide IINET with the necessary co-operation and assistance to arrange for the removal of the Equipment from Customer’s premises.

2.14.      If the agreement results from any direct approach to you by IINET or is an electronic transaction as contemplated in the ECT Act, the Customer will be entitled to cancel the agreement on written notice to IINET without reason or penalty within 5 (five) Business Days of, in the case of services only being provided in terms of the agreement, the acceptance date.

  1. NCA AND ECT ACT

3.1.         Although the agreement is not a credit agreement as contemplated in the NCA, the Customer’s application for a service or equipment may be subject to a credit referencing or risk assessment process. This means that IINET may utilize the information provided by the Customer and the credit record from registered credit bureaus in order to determine whether the Customer will be able to meet the obligations under the intended Agreement. IINET will be entitled to decline to activate services that the Customer applies for if IINET reasonably determined that the Customer may not be able to meet its commitments under the agreement.

3.2.         IINET will be entitled to perform these assessments each time the Customer applies for services or equipment.

  1. SERVICE DELIVERY, SERVICE AVAILABILITY

4.1.         IINET will use reasonable endeavours to make its services available to the Customer, and to maintain the availability for use by Customers. However, IINET will provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to the Customer’s delivery timeline requirements, subject always to the provisions of the CPA, where applicable, and subject to any Service Level Agreement, where applicable.

4.2.         IINET will use its best endeavours to notify the Customer in advance of any maintenance and repairs which may result in the unavailability of a service but cannot always guarantee this.

4.3.         IINET shall not be liable under any circumstances for any loss or damage caused by or arising in any manner whatsoever from the:

4.3.1.     unavailability of the Wireless/Fibre Network and/or

>4.3.2.     Wireless/Fibre Link; and/or

>4.3.3.     breach of the security of the Wireless/Fibre Link and/or

4.3.4.     Customer’s network infrastructure.

  1. PAYMENT

5.1.         The Customer agrees to pay all amounts due under this agreement.

5.2.         To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way of a direct debit order in favour of IINET (drawn against a current banking account nominated by the Customer), or in such other manner as IINET may from time to time determine. It is recorded and the Customer acknowledges that all IINET products are payable monthly in advance.

5.3.         The SLA Equipment Rental Fees payable by the Customer shall form part of the Services Fees and all provisions in the Agreement relating to the payment of the Services Fees will be applicable to the SLA Equipment Rental Fees.

5.4.         The Customer agrees that:

5.4.1.     IINET will be entitled and authorized to draw all amounts payable in terms of the agreement from the account specified;

5.4.2.     the debit order will commence on the activation date and will continue and not be revoked until termination of this agreement or until all amounts due and owing to IINET have been fully and finally discharged;

5.4.3.     the Customer will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause 5.3;

5.4.4.     the Customer’s first bill may be for part of a month and the Customer will be charged for the number of days left in the month in which the Customer signed up or switched over, plus the subscription for the next month.

5.5.         Should the Customer fail to pay any amount on the due date for payment then IINET may, without prejudice to any of its other rights and remedies:

5.5.1.     take all such further steps as may be necessary to recover the outstanding amount from the Customer, including without limitation the use of debt collection mechanisms;

5.5.2.     suspend the Customer’s access to the service or the use of any product with notice to the Customer until such time as the outstanding amount has been paid in full; or

5.5.3.     terminate this agreement with immediate effect.

5.6.         Should the Customer’s debit order not be honoured for whatever reason, IINET will be entitled to charge the Customer a reasonable administrative fee of R50(Fifty Rand) excluding VAT.

5.7.         If any changes are proposed to any terms of an agreement between IINET and any Third-Party supplier impacts on the provision of any services or products in terms of this Agreement, IINET shall be entitled to amend the terms, fees or charges for its services or products at any time on 30 (thirty) days’ notice to the Customer. The amendment will take effect on the date indicated in the notice.

5.8.         IINET will use reasonable endeavours to inform the Customer well in advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.

5.9.         To the extent that IINET incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for account of the Customer to the extent permitted by law, including attorney and own client costs.

5.10.      Should the Customer move and/or relocates to a different location and/or premises, IINET shall charge the Customer for the moving and/or relocation of the Equipment to new premises and/or location which includes without limitation the: (i) on-site survey fees: (ii) Equipment and/or Wireless Equipment installation fees; and/or (iii) set up fees. The above-mentioned fees shall be included in the Customer’s monthly invoice, which shall be payable by the Customer in accordance with the provisions of the General Terms. manage the installation project on Customer’s behalf;(ii)prepare the premises and/or the area where installation will be done for installation purposes; and (iii) notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant) about the installation date and time.

  1. WIRELESS/FIBRE NETWORK AND WIRELESS/FIBRE EQUIPMENT

6.1.         In order to have access to the Wireless/Fibre Network, a Wireless link or Fibre router is required and provisioning of the Equipment.

6.2.         The provision of the Wireless/Fibre Equipment by IINET to the Customer as envisaged above is subject to the approval of IINET.

6.3.         Wireless/Fibre Equipment is provided subject to any terms that IINET may impose from time to time.

6.4.         Wireless/Fibre Network is designed, created, and operated over the unlicensed frequency spectrum.

6.5.         A Wireless Link is created over the Wireless/Fibre Network using a CPE

6.6.         IINET will manage the Wireless/Fibre Link including the Equipment on behalf of Customer.

6.7.         Customer shall (without prejudice to IINET’s rights to claim payment for any outstanding amount for the services rendered), not be entitled to terminate SLA Equipment Rental should the Wireless Link remain unavailable due to an Uncontrollable Event. If an Uncontrollable Event continues for a period of more that 60 (sixty) days, then the Customer may terminate this Agreement by written notice to IINET by reason of such Uncontrollable Event.

6.8.         The quality of the Wireless Link is dependent upon the quality of the Wireless link to the Wireless/Fibre Network which is subject to any technological constraints affecting the Wireless/Fibre Network. Customer shall therefore not be entitled to terminate this Agreement as a result of any impairment to the quality of the Wireless Link and/or quality and/or capacity of the Wireless/Fibre Network which impacts on Customer’s access and usage of Services.

6.9.         Wireless/Fibre Network including the Wireless Link are created over the unlicensed frequency spectrum and although IINET uses reasonable commercial endeavours to:

6.9.1.     ensure the:

6.9.1.1. operation;

6.9.1.2. availability; and

6.9.1.3. functionality of the Wireless/Fibre Network including the Wireless Link; and

6.9.2.     attend to any unavailability including failures and/or errors impacting on the Wireless/Fibre Network, including the Wireless Link, in terms of any obligations placed on it in terms of this Agreement. IINET do not, warrant or guarantee the operation, availability, capacity, or functionality of the Wireless/Fibre Network including the SLA Equipment.

6.10.      Except for Equipment that the Customer had fully paid for, all Equipment installed or provided by IINET remains the property of IINET and the Customer agrees that:

6.10.1.   the Customer will take reasonable care of such equipment.

6.10.2.   the Customer may not sell, lease, mortgage, transfer, assign or encumber such equipment.

6.10.3.   the Customer may not re-locate such Equipment without IINET’s knowledge and permission.

6.10.4.   the Customer will inform any landlord that such Equipment is owned by IINET and therefore not subject to any landlord’s hypothec; and

6.10.5.   the Customer will return such equipment to IINET, at the Customer’s expense, upon termination of the services to which the Equipment is related.

6.11.      Although IINET uses reasonable commercial endeavours to ensure the security of the Wireless/Fibre Link, IINET do not in any manner whatsoever warrant and/or guarantee the security of the Wireless/Fibre Link, the Customer is therefore advised to ensure the security of its network infrastructure.

  1. BREACH

7.1.         Subject to any other provisions set out in this terms and conditions, should the Customer be in breach of any provision of this Agreement, then IINET shall be entitled, without prejudice to any other rights that it may have and to the extent, required or permitted by law, to forthwith:

7.1.1.     afford the Customer a reasonable opportunity to remedy the breach considering the nature of the breach in question; or

7.1.2.     suspend the Customer’s access to services;

7.1.3.     cancel all agreements concluded between IINET and the Customer; or

7.1.4.     claim immediate performance and/or payment of all obligations in terms hereof.

7.2.         Should IINET suspend, disconnect, or terminate the Customer’s services, IINET will be entitled to, charge the Customer a reasonable fee od R150(one hundred and fifty) for reconnecting the Customer’s services.

  1. INDEMNITY

8.1.         The Customer hereby unconditionally and irrevocably indemnify IINET and agree to indemnify and hold IINET harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by IINET as a result of any claim instituted against IINET by a third party (other than the Customer) as a result of (without limitation):

8.1.1.     the use of IINET services or products other than as allowed or prescribed in the Agreement;

8.1.2.     any other cause whatsoever relating to the Agreement or the provision of services or products to the Customer where the Customer have acted wrongfully or failed to act when the Customer had a duty to so act.

8.2.         To the fullest extent possible, the Customer disclaims all responsibility or liability for any damages or loss howsoever arising, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use the services in any manner or from any reliance on the services in any way.

8.3.         The Customer agrees to indemnify and hold harmless IINET, its members, employees, servants, subcontractors and partners from any demand, action or application or other proceedings, including for attorney fees and other related costs made by any Third Party and arising out of or in connection with this Agreement and or the inability of any User to use the services.

8.4.         The Customer acknowledges its responsibility for its own internet security and privacy. Customers are strongly advised to install firewalls and antivirus software for their own protection.

  1. LIMITATION OF LIABILITY

9.1.         Save to the extent otherwise provided for in this Agreement or where the Customer is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, IINET do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality, security of any product or services.

9.2.         Without limiting the generality of the provisions of clause 9.3, IINET shall not be liable for and the Customer will have no claim of whatsoever nature against IINET as a result of

9.2.1.     any unavailability of, or interruption in the services due to an uncontrolled event;

9.2.2.     any damage, loss, cost or claim which the Customer may suffer or incur from any suspension or termination of the service/s for any reason contemplated in the Agreement.

9.3.         In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, IINET shall not be liable to the Customer for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that IINET is liable to the Customer for any damages, IINET’s liability to the Customer for any damages howsoever arising shall be limited to the amounts paid by the Customer under this Agreement in consideration for services or a product during the immediately preceding 12 (twelve) month period in respect of the services or product which gave rise to the liability in question.

  1. SLA

10.1.      IINET will provide Customer with SLA Equipment Rental set out herein in accordance with this Service Level Agreement (“SLA”).

10.2.      IINET will maintain a best effort service uptime of the Wireless Link

10.3.      For the purpose of this SLA:

10.3.1.   Service usage uptime will be monitored by IINET’s monitoring software and only with reference to IINET’s network availability and Backup power.

10.3.2.   Downtime, outage or interruption or unavailability of the SLA Equipment Rental, as a result of, or caused by:

10.3.2.1.               any outage, interruption or unavailability of the services or facilities of an external or third-party telecommunications or network provider to which the IINET network infrastructure is connected;

10.3.2.2.               Any outage, interruption or unavailability caused by Customer’s hardware, software and/or applications;

10.3.2.3.               Scheduled downtime for general, maintenance, enhancements, upgrades, or modifications (or of an otherwise scheduled nature). IINET shall use reasonable endeavours to minimize downtime periods.

10.3.2.4.               An Uncontrollable Event;

10.3.2.5.               any action or omission of the Customer, including without limitation, accidental damage, IINET errors, abnormal operating conditions, the connection of unauthorized peripheral equipment, improper use, misuse, neglect or abuse of hosting service.

10.4.      IINET will provide the monitoring service, and on a monthly basis provide usage reports via self-service login portal via https://client.iinet.co.za

10.5.      All installations and call outs at Customer premises will be done during business hours Monday to Friday. Unless agreed upon in writing and Customers accepts the terms of that set agreement,

  1. SLA Equipment Rental

11.1.      The Equipment will be rented to the Customer subject to the provisions of:

11.1.1.   IINET hereby leases the Equipment to Customer who accepts such rental.

11.1.2.   The Equipment will at all times remain the property of IINET and Customer agrees that he/she/it will never become owner the Equipment.

11.1.3.   The Equipment shall at all times be regarded as a movable property and shall not become part of the property.

11.1.4.   IINET shall have the right to enter Customer’s premises in order to remove the Equipment upon termination of the SLA Equipment Rental.

11.1.5.   IINET shall at its own costs and expense deliver the Equipment at Customer’s premises. A signed delivery note by Customer (including his/her/its employee, representative or nominee) shall constitute proof that the Equipment was delivered to and received by Customer in good condition.

11.1.6.   Upon delivery of the Equipment as envisaged in clause 10.1.5 above, Customer shall bear all risk of loss, theft, damage and/or destruction of the Equipment while housed at Customer’s premises for an amount equal to the full replacement value thereof. Customer shall make its own arrangements regarding the insurance of the Equipment.

11.1.7.   Customer shall not allow any third party to take possession of the Equipment unless duly authorized thereto by IINET. Should any third party take possession of the Equipment without the said authorization, the replacement value thereof shall immediately be due and payable by Customer.

11.1.8.   If the premises at which the Equipment will be installed are rented the Customer shall

11.1.8.1.               Advise IINET in writing of the name and address of the landlord as well as any changes thereto.

11.1.8.2.               Not move the Equipment without IINETs prior written consent;

11.1.9.   Customer warrants that the landlord and/or governing body(ies) have been informed that the Equipment belongs to IINET and can therefore not be subject to a lien or landlord hypothec. Customer hereby indemnifies IINET against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranty contained in this clause.

11.1.10. Customer shall only use the Equipment in conjunction with the Wireless/Fibre Services. Under no circumstances will Customer or anyone else be allowed to:

11.1.10.1.             access and/or tamper with the Equipment.

11.1.10.2.             Move the Equipment to any other location and

11.1.10.3.             use the Equipment for any other purpose.

11.1.11. Access to the Equipment shall be restricted to IINET.

11.1.12. Customer shall use the Equipment solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, sell, re-sell, lease, sublease and/or lend the Equipment in any manner whatsoever to any third party without IINET’s prior written consent.

11.1.13. Customer shall ensure that IINET may at any time enter the premises where the Equipment is installed to inspect it, provided that IINET supplies Customer with reasonable prior notification of such.

11.2.      SLA Equipment Rental is provided subject to this Agreement and all relevant laws and regulations applicable from time to time.

11.3.      IINET will only provide Customer with use of the Wireless Equipment Rental provided Customer pays the Services Fees set out in the Service Application Form.

11.4.      Upon approval of IINET’s application for the Wireless/Fibre Link, IINET shall notify the Customer regarding the installation date and time. IINET cannot guarantee the installation date and time but will use reasonable efforts to ensure that the anticipated installation date and times are met. IINET will inform the Customer as soon as possible if it is unable to attend a set appointment. Customer shall also not be entitled to cancel this agreement or refuse to accept installation, set-up and or configuration of the Equipment as a result of IINET’s failure to meet anticipated installation date and times.

11.5.      Customer shall prior to the installation date:

11.5.1.   Appoint a designated person to manage the installation project on Customer’s behalf;

11.5.2.   prepare the premises and/or the area where installation will be done for installation purposes; and

11.5.3.   notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant) about the installation date and time.

11.6.      Customer Warrants that:

11.6.1.   The premises and/or the area where installation will be done, meet the requirement of the Occupational Health and Safety Standards.

11.6.2.   In the case of rented premises the landlord and/or the governing body(ies) are aware of:

11.6.2.1.               The installation work to be done;

11.6.2.2.               what such installation entails; and (

11.6.2.3.               the installation date and time; and

11.6.3.   In the case of rented premises the landlord and/or governing body(ies) have given Customer the necessary written approvals to allow IINET to commence and perform the CPE Installation.

11.7.      Customer hereby indemnifies IINET against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranties contained in this clause 11

11.8.      IINET including any of their respective agents or install contractors shall on the installation date and during hours, attend to;

11.8.1.   The installation of the Equipment; and

11.8.2.   Set-up and/or configuration of the Equipment.

11.9.      Customer shall allow IINET including their agents or install contractors, all reasonable access to Customer’s premises and/or property for the purposes set out in clauses 11.8.1 and 11.8.2 above. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee), that installation and set-up and/or configuration of the Equipment was done shall constitute proof that it was done according to specification and Agreement.

11.10.    IINET may be required to: dig, drill, remove pavement, carpets, tiles, and ceilings, apply glue or perform any other act in order to install the Equipment. Customer hereby gives IINET the permission to perform such Installation Work.

11.11.    IINET will use reasonable commercial endeavours to ensure that the Installation work is performed in a professional manner without causing any damage to Customer’s or any other third party’s premises or property.

11.12.    IINET cannot guarantee that work will be performed without errors, faults and/or causing damages of whatsoever nature to Customer’s or any other third party’s premises or property.

11.13.    In the event of any such damage to Customer’s or any other third party’s premises, installation area or property, Customer shall indemnify IINET from any claim arising as a result of such damage and Customer shall not hold IINET including their install contractors and/or agents liable under any circumstances, for any loss, damage, costs or expense whatsoever caused by or arising in any manner whatsoever from any action or omission of IINET including agents and/or its install contractor’s.

11.14.    Customer shall when required, allow IINET including their respective agents all reasonable access to its premises for the purposes of the reinstallation, re-set-up, re-configuration and maintenance and repair of the Equipment.

11.15.    IINET shall be entitled to change the SLA Equipment Rental Services (which may include without limitation the amendment of the technical parameters and/or specification relating to the SLA Equipment Rental), at any time during the Initial Period and/or any renewal thereof on 30 (thirty) days written notice to Customer.

11.16.    Customer may not terminate this agreement, other than as contemplated in clause 2 above, should such Wireless/Fibre Link not be available to Customer at any stage during the term of SLA Equipment Rental for any reason whatsoever.

11.17.    The provision and/or availability of the SLA Equipment Rental are inter alia subject to the operation of the Wireless/Fibre Network and the Wireless/Fibre Link

11.18.    Notwithstanding anything that might indicate the contrary, Customer shall at all times comply with all terms and conditions and/or limitations imposed by IINET on the Wireless/Fibre Link including Wireless/Fibre Network for the duration of the SLA Equipment Rental.

  1. NEW PREMISES AND/OR LOCATION

12.1.      In the event that Customer moves and/or relocates to a different location and/or premises, IINET:

12.1.1.   shall subject to the other provisions of this Agreement above, move and/or relocate Customer’s Equipment to the new premises and/or location;

12.1.2.   May extend Customer’s Agreement to the same term that was originally selected by Customer in the Application Form.

12.2.      Customer acknowledges that Wireless/Fibre Network is not available outside coverage area.

12.3.      Customer is responsible for ensuring that Wireless/Fibre Network is available should Customer decide to move and/or relocate to another premises or locations.

12.4.      Customer shall remain liable to pay the set-up fees incurred by IINET to install, set up and/or configure the Equipment at the new location and/or premises.

12.5.      Customer shall be allowed to terminate the Agreement should Customer move to a location and/or premises where the Wireless/Fibre Network is not available. Customer shall not remain liable to pay early termination or cancellation of the agreement as set out in clause 2.5

  1. CESSION AND DELEGATION

13.1.      The Customer may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all its rights and obligations under and in terms of this Agreement without the prior written approval of IINET. IINET shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without the Customer’s consent and without notice to the Customer.

  1. JURISDICTION

14.1.      Notwithstanding any other terms of this Agreement, the Customer hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by IINET arising out of this Agreement, provided that IINET shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Customer consents to the jurisdiction of such court.

  1. GENERAL

15.1.      The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No changes or cancellation of this Agreement by the Customer will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service.

15.2.      IINET is under no obligation to support the following:

15.2.1.   Any software problem or any defect caused by the negligence of Customer or its employees or agents;

15.2.2.   Where service response may result in risk to the safety of the team attending to a service ticket raised;

15.2.3.   Where service response may result in the team contravening any legal and/or safety guidelines or regulations, such as climbing masts in inclement weather;

15.2.4.   in instances, where uptime disruptions are as a result of power outage and Customer has not implemented preventative measures such as uninterruptible power supplies or generators.

15.3.      The Customer agrees that any invoices or notices send by IINET to the Customer in terms of any agreement concluded between the parties may be sent via email unless otherwise prescribed by law.

15.4.      The Customer acknowledges that it has read and understood the IINET Fair use policy (FUP) (which is available at https://www.iinet.co.za/FUP) and that a failure to observe the provisions of the FUP may lead to the suspension of the services and or cancellation of this Agreement.

15.5.      No indulgence, leniency, or extension of time which IINET may grant or show to the Customer shall in any way prejudice IINET or preclude IINET from exercising any of its rights in the future.

15.6.      The physical address where IINET will receive legal service of documents is the following: 121 Main Road, Vrykyk, Paarl, 7646.