Terms and Conditions of Service
In this Agreement
“Capped ADSL & Wireless Service Subscribers” means services with a pre allocated allowed total data usage limit.
“CPE” means Client Premises Equipment and include all equipment necessary to make a connection to the service provider’s broadcast signal and includes but is not limited to any antenna, radio device, router, poles and brackets, wall boxes or cabinets and/or POE device
“Data” meansa set of values of qualitative or quantitative variables; restated, pieces of data are individual pieces of information measured in bytes of electronic traffic and which may be indicated in aggregation volumes of kilobytes, megabytes, gigabytes and terabytes.
“ICASA” means The Independent Communications Authority of South Africa as established in terms of the ICASA Act 13 of 2000 as amended.
“POE device” means Power over Ethernet and is a device which connects to an external power source and then supply power to a secondary device or devices over a network cable to exclude the necessity for secondary device to directly connect to a conventional power outlet
“Service Provider” means Internet Generation CC
“The Service” means the internet access package and related services such as hosting and mailbox provision as requested and agreed upon by the Subscriber and provided by the service provider;
This Agreement may be terminated in the following ways:
a. By giving 30 day notice by email, fax or to the chosen domicile address for service of legal notices of the other party;
b. At the discretion of the service provider in the event of the failure by the Subscriber to pay any monthly subscription or other fee or charge due to the service provider timeously;
c. A material breach of these Terms and Conditions of Service or the Acceptable Use Policy (AUP) incorporated therein.
2. Increases in rates & refunds
a. The service provider reserves the right to increase applicable rates in the event of any increase in the cost of bandwidth or any other facility provided by an upstream service provider. The service provider will notify the Subscriber of such increase in writing, as soon as reasonably possible.
b. The service provider reserves the right to amend subscription rates at its discretion and such amended rates shall be effective thirty days after notification of the amendment is communicated to the Subscriber.
c. There will be no refunds of subscriptions already paid to the service provider, provided however that the service provider has provided the service.
3. No warranties
a. The service provider makes no warranties, express or implied, regarding the service provided, including but not limited to the availability thereof or the correctness or suitability thereof for the purposes of the Subscriber. The service is provided “as is” and “as available”.
b. Without limitation of the foregoing, the Subscriber expressly acknowledges that the service provider is reliant on service provision from third parties the performance of which is beyond its control.
4. Disclaimer and indemnity
a. To the fullest extent possible the service provider 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 service in any manner or from reliance on the service in any way.
b. The service provider shall not be liable for any claims or damages arising from any deficiency of any nature whatsoever in the service supplied, whether such claims or actions arise from the negligent or wilful acts or omissions of the service provider, its servants or agents.
c. Users agree to indemnify and hold harmless the service provider, its members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with this Agreement and/or the user’s use of or inability to use the service.
d. The Subscriber acknowledges that he/she remains solely responsible for his/her own security and privacy. Subscribers are strongly advised to install firewalls and anti-virus software for their own protection.
e. The service provider accepts no responsibility for network downtime or any materials (ebooks, audio, video, pictures and software) downloaded using our network. Such materials may be copyrighted and use thereof without the copyright holder’s consent is illegal.
f. Subscribers remain liable for any data usage. Subscribers are to take note that any device which can make a connection to the client’s network or any other client device connected to the service provider’s CPE, may result in data usage. Such devices includes but are not limited to smart phones, smart TVs, DSTV decoders, tablets, PCs, notebooks, servers, Blue Ray players, security cameras or any other network/WiFi enabled devices. It remains the Subscriber’s responsibility to protect access to its network and data usage by setting up password protection.
5. Prohibition on sub-letting of the service provided
a. The Subscriber may not cede, sub-let or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of the service.
b. The Subscriber is prohibited from reselling the service in any manner whatsoever.
6. Compliance with Acceptable Use Policy
The Subscriber hereby acknowledges that they have read and agreed to the provisions of the service provider’s Acceptable Use Policy and that a failure to observe such provisions may lead to the suspension and/or cancellation of this Agreement and the provision of services.
7. Invoicing and Payment
a. The subscriber shall be liable for a once off installation fee as per quote from the service provider and this fee must be paid in full before any installation commences. In the event that the service provider cannot connect the subscriber to the service provider’s network due to any reason, the installation fee will be refunded in full
b. The Subscriber expressly consents to receiving all invoices and other notices and notifications by electronic mail.
c. The subscriber must pay the service provider in advance for the service rendered on or before the 1st day of each month. If payment has not been made by the 5th of each month, the service provider reserves the right to disconnect the services for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice have been fulfilled. Debit payments may be processed in order to collect payments for previous months if they have not been collected yet. Alternate payment dates may be arranged and need to be confirmed in writing and signed by both parties
d. All Capped ADSL & Wireless Service Subscribers – Once your allowed data limit is reached the service will be limited to only connect to the Data Usage summary webpage from where the subscriber will have the option to load extra data to the service by making use of the self-help functionality where available or order extra Data telephonically. Please note that extra Data is payable in advance, or via your debit order. Once extra data was successfully loaded, full access will be restored.
e. Subscribers whom provide their own hardware for connecting to the Service Provider’s CPE will carry the cost associated with connecting, maintaining and setting-up of such devices. It remains the Subscriber’s responsibility to ensure all such hardware is ICASA approved.
f. Subscribers on capped connections and who select to load extra data via any medium available, shall be liable for such data costs and will receive an invoice via electronic mail. The service provider’s system is setup to send the subscriber an SMS and/or email message on the activation of extra data but the service provider cannot guarantee that the subscriber will receive such message. It remains the responsibility of the subscriber to manage their own data usage.
8. Data Volumes and Line Speed
a. Data usage will be calculated as a total sum of bytes send to and received from the internet by any device connecting through the service provider’s CPE at the subscriber’s service location.
b. Aggregation will be as follow:
1024 bytes = 1 kilobyte (KB)
1024 kilobytes = 1 megabyte (MB)
1024 megabytes = 1 gigabyte (GB)
1024 gigabytes = 1 terabyte (TB)
c. Line speed is indicated and calculated in bits per second (bps) and may be indicated in kbps (kilobits per second) or mbps (megabits per second).
1kbps = 1024 bps
1Mbps (1Meg line speed) = 1024 kbps (kilobits per second)
9. General provisions
a. Illegal use of any networking software to bypass the standard of the service provider’s configuration and regulation is strictly forbidden.
b. Save as provided in clause 2 above, no variation of these terms and conditions will be binding on either party unless reduced to writing and signed by or on behalf of both parties.
c. The parties hereby consents to the jurisdiction of any Magistrate’s Court having jurisdiction over their person in respect of any legal proceedings arising out of these terms and conditions and to the payment of all costs on an attorney-and-client scale including VAT, tracing fees and collection commission in respect of any legal proceedings instituted by the service provider pursuant to the entering into of this Agreement.
d. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
e. This Service Agreement and Terms and Conditions contain the record of the entire agreement between the service provider and the subscriber. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
f. All CPE equipment that connects to the wireless network of the service provider must be and will remain the property of the service provider unless indicated otherwise, by the service provider, in the service agreement. The service provider must have access to all CPE equipment connecting to its network at all reasonable times. All CPE equipment must be ICASA approved whether ownership resides with the Service Provider or the Subscriber.
g. The subscriber shall be responsible to comprehensively insure the CPE equipment witch insurance shall include but not be limited to lighting, electrical surge, fire, theft, malicious or accidental damage.
h. At termination of this service, Internet Generation has the right to remove all CPE equipment leased to the Subscriber and/or belonging to Internet Generation, from the subscriber’s property
i. Normal business day shall be from Monday to Friday 08:00 to 17:00 and exclude any public holiday.
10. Notices and domiciles / address for service of legal notices
a. The parties choose as their domicile or address for any notices in terms of this Agreement, as reflected on the Application Form of which these terms and conditions form a part. Notices may also be given in the form of a data message (e-mail).
b. Data messages, including e-mail messages, sent by either party to the other be deemed to be received only when acknowledged (read receipt) or responded to.
c. Any notice sent by facsimile shall be deemed to have been received by the other party by close of business on the business day following the sending of the fax.