Terms and Conditions
- The initial contract duration is 24 (twenty-four) months from the date the service goes live, unless otherwise stated in the service order form.
- The Client cannot terminate this contract, monthly subscriptions, and associated services within the initial period being stated in clause 1. A party will be entitled to terminate this contract on any renewal date, and subject to clause 2 provided that the terminating party first gives the other party not less than 60 (sixty) days’ prior written notice of its intention to terminate. Thereafter the contract will be on a month to month basis.
- Should the Client terminate services before the initial period stated in clause 1, payment for the remainder of the full contract term signed will be due owing and applicable by the Client and/or surety. These costs will be calculated and given within 5 (five) days of the cancellation.
- Should an order be cancelled or terminated by the client after the initial survey has been completed, cancellation fees will be applicable and will be determined by the amount of work and resources used up to date of cancellation.
- The Client is liable for any obligation accrued at the date of termination or suspension of services, including the payment of any costs or charges that may arise in connection with such termination or suspension, and the payment of all outstanding fees, damages, set up costs and monthly fees for use of services prior to the said termination or suspension These fees will be calculated and given to the client within 7 (seven) days of cancellation for immediate payment.
- Monthly subscriptions are charged for in advance and payment is strictly via debit order. In the event of non-payment, services will be immediately suspended and a reactivation charge of R750 (seven hundred and fifty rand) will be levied or if the Client is in breach of these conditions, all amounts unpaid and the remaining contract period shall immediately become due and payable.
- If a payment is not made on the due date, EDGECONNECT (PTY) LTD may recover from the Client and/or surety on the amount outstanding for the period of the default at the compound rate of 3% above the annual prime overdraft rate of EDGECONNECT (PTY) LTD ’s bankers per month.
- The once off fees will be charged upfront and is payable upon placing the order. The service will be provided to the location specified and is not transferable.
- The prices quoted are based on current costs and should these costs increase, EDGECONNECT (PTY) LTD shall have the right to amend its prices forthwith and the Client and/or surety acknowledges and agrees that the actual price to be paid will be the price as determined by EDGECONNECT (PTY) LTD at the time.
- Fair usage applies whereby abuse is monitored and restricted to prevent misuse. The service shall not be used for activities contravening any South African law, and should same contravene any laws, EDGECONNECT (PTY) LTD reserves the right to cancel the agreement and the client and/or surety will be liable for payment for the remainder of the full contract term signed.
- Service fault(s) logging is facilitated through email to the following address: firstname.lastname@example.org.
- In the event that either party is in breach of any terms or conditions of this agreement and has failed to remedy such breach within a period of 10(TEN) days after receipt by that party of a written notice requiring such breach to be remedied, the party aggrieved thereby shall be entitled, without prejudice to any other rights which it may have in terms of this agreement or at law, to claim specific performance and damages; cancel this agreement and recover damages; keep this agreement in force and recover damages arising from the breach.
- A certificate signed by any director or managing member of EDGECONNECT (PTY) LTD indicating the amount due and owed by the Client and/or surety to EDGECONNECT (PTY) LTD at any given time, as well as any other factor of which proof may be required, shall be prima facie proof of the facts therein stated for the purpose of all legal proceedings against the Client and/or surety.
- Ownership of all goods delivered or supplied by EDGECONNECT (PTY) LTD will remain vested in EDGECONNECT (PTY) LTD until the purchase price has been paid in full. The risk shall pass to the Client and/or surety when the goods are delivered to the Client’s premises and EDGECONNECT (PTY) LTD shall not be liable for any damage or loss whatsoever, direct or indirect, consequential or otherwise, arising out of or in connection with the use by the by the Client of the goods
- Should the client request an onsite visit from an EDGECONNECT (PTY) LTD Technician for either general assistance or for a fault query, a call out charge will be applied as a once off. Should the cause of a service fault not be that of EDGECONNECT (PTY) LTD , the call out charge will be applied indefinitely.
- The Client may not assign any of its rights or obligations in terms of this agreement, nor pass any equipment to any third party, nor allow any third party to use the equipment, without the Edgeconnect’s prior written consent.
- EDGECONNECT (PTY) LTD shall be entitled to at any time during the currency of this agreement to cede and/or assign and/or sub-contract any or all of its rights and obligations in terms of the Agreement to any other party.
- Subject to the restriction clause in 15 this agreement shall be binding on the successors-in-title of the respective parties.
- EDGECONNECT (PTY) LTD gives no warranties, whether express or implied, with regard to the services/goods, and specifically excludes the warranty that the goods/services purchased by the Client and/or surety will be suitable for the purpose for which they are intended, and any implied warranty or conditions (statutory or otherwise) are hereby excluded.
- If EDGECONNECT (PTY) LTD is prevented or restricted from carrying out all or any of its obligations under this Agreement by reason of any event constituting force majeure (being any cause beyond the reasonable control of either Party, including without limitation adverse weather conditions, unpredictable delay caused by traffic congestion, COVID, diversion or road works, the unavailability of raw materials, strikes, power outages, industrial disputes, regulatory interference or the unavailability of any communication lines and/or network operator facilities), then EDGECONNECT (PTY) LTD shall be relieved of its obligations under this Agreement during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of such obligations during such period, provided that if the force majeure event continues for a period longer than 14 (Fourteen) days, EDGECONNECT (PTY) LTD may cancel this Agreement on written notice, at its sole discretion.
- Installations (more specifically) take between 0 to 180 days, once the site survey has been completed and is dependant on receiving the Landlord’s signed approval within 5 days of receipt.
- EDGECONNECT (PTY) LTD may upon 5 (Five) days’ written notice to the client, suspend, without fault, the client’s use of the Services in the event that;
- Any modification, maintenance or remedial work is required to be undertaken pertaining to the services; and/or
- The client fails to perform any of its obligations or breached any term/s of this agreement; and/or
- The client at any time exceeds the credit limit which EDGECONNECT (PTY) LTD , in its absolute discretion shall set and notify the client of from time to time.
- Should payment not reflect by the 10th of each month, services will be automatically suspended and a reconnection fee of R750 will be charged per suspended service.
- The client remains liable for the applicable charges payable by it in terms of this Agreement during any period of suspension in the circumstances contemplated in clauses 17.
- The Client and/or surety shall not be entitled to claim set-off or deduction in respect of any payment due by the Client and/or surety to the EDGECONNECT (PTY) LTD in respect of goods and/or services supplied
- It is the Client’s responsibility to ensure that any onsite equipment supplied by EDGECONNECT (PTY) LTD is insured. EDGECONNECT (PTY) LTD is not responsible for any equipment damaged due to power surges, lighting and or water.
- In the event of EDGECONNECT (PTY) LTD instituting any legal action in respect of this contract, rights and/or obligations, the Client and/or surety shall be liable for all costs incurred by EDGECONNECT (PTY) LTD , on the scale as between attorney and own client, including collection commission and any other charges, including tracing charges.
- This contract may be signed in any number of counterparts, each of which shall be an original, but all which together shall constitute a single indivisible contract.
- Each clause of these conditions is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these conditions of sale, which shall remain of full force and effect
- This contract is the entire agreement between the parties. No alteration or variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by a duly authorized representative of both parties in writing.
- No extension of time or waiver or relaxation of any of these terms and conditions shall operate as an estoppel against EDGECONNECT (PTY) LTD in respect of its rights hereunder, nor shall it operate to preclude EDGECONNECT (PTY) LTD thereafter from exercising its rights strictly in accordance with such terms and conditions.
- Should either party (including surety) to this agreement wish to change their specified domicilium address they are required to deliver to the other party written notification of the new address by hand, registered mail or electronic mail if the other party has provided an e-mail address.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (‘AUP’) specifies the actions prohibited by users of Connect’s network and systems and is intended to enhance the use of the Internet by preventing unacceptable use. Connect users are required to adhere to all the policies specified in this AUP without exception.
LAWS AND REGULATIONS
Connect’s infrastructure may be used only for lawful purposes. Users may not violate any applicable laws or regulations of South Africa within the territory of South Africa. Should the user reside outside of South Africa, the laws of the country in which the user resides shall apply.
Transmission, distribution or storage of any material on or through the infrastructure in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
The user acknowledges that Connect is unable to exercise control over the content of the information passing over the infrastructure and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its infrastructure. Therefore, Connect is not responsible for the content of any messages or other information transmitted over its infrastructure. Connect’s infrastructure may be used to link into other networks worldwide and the user agrees to conform to the acceptable use policies of these networks. The user may obtain and download any materials marked as available for download off the Internet but is not permitted to use its Internet access to distribute any copyrighted materials unless permission for such distribution is granted to the user by the owner of the materials. The user is prohibited from obtaining and/or disseminating on-line any unlawful materials, including but not limited to stolen intellectual property, child pornography, and/or any unlawful hate – speech materials.
SYSTEM AND SECURITY
All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through Connect) and includes but is not limited to the infrastructure of Connect itself. The user may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”). Violations of system or network security by the user are prohibited, and may result in civil or criminal liability. Connect will investigate incidents involving such violations and will involve and will co- operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorization of Connect
Unauthorized monitoring of data or traffic on the network or systems without express authorization of Connect
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP – IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
+27 87 941 6892 email@example.com
It is explicitly prohibited to send unsolicited bulk e-mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc. ). This is strongly objected by most Internet users and the repercussions against the offending party and Connect can often result in disruption of service to other users connected to Connect. Maintaining of mailing lists by users of Connect is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed.
Users may not forward or propagate chain letters nor malicious e-mail. Public relay occurs when a mail server is accessed by a third party from another domain and utilized to deliver mails, without the authority or consent of the owner of the mail – server. Users’ mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.
Connect reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Connect also reserves the right to examine the mail servers of any users using Connect mail servers for “smart hosting” (when the user relays its mail off of a Connect mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Connect’s policy of preserving customer privacy.
Users should, before using the service, familiarize themselves with the contents of the following newsgroups: news, newusers.questions, news.announce. newusers, news.answers.
Excessive cross-posting (i.e., posting the same article to a large numbers of newsgroups) is forbidden. Posting of irrelevant (off – topic) material to newsgroups (also known as USENET spam) is forbidden.
Posting binaries to a non – binary newsgroup is forbidden. Connect reserves the right to delete and/or cancel posts which violate the above conditions.
Upon receipt of a complaint, or having become aware of an incident, Connect reserves the right to:
Inform the user’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP.
In the case of individual users suspend the user’s account and withdraw the user’s network access privileges completely. Charge the offending parties for administrative costs as well as for machine and human time lost due to the incident.
In severe cases suspend access of the user’s entire network until abuse can be prevented by appropriate means. Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
Any one or more of the steps listed above, insofar as they are deemed necessary by Connect in its absolute and sole discretion, may be taken by Connect against the offending party.
All cases of violation of the above Acceptable Use Policy should be reported to firstname.lastname@example.org.
TAKE DOWN NOTICES
In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) Edge Connect (Pty) Ltd has designated the Internet Service Providers’ Association (ISPA) as an agent to receive notifications of infringements as defined
in Section 77 of the Act.
Internet Service Providers’ Association (ISPA) Address: PO Box 518, Noordwyk, 1687 Telephone: 010 500 1200