Terms and Conditions

 

  1. The initial contract duration is 24 (twenty-four) months from the date the service goes live, unless otherwise stated in the service order form.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. Service fault(s) logging is facilitated through email to the following address: support@edgeconnect.co.za.
  1. 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.
  1. 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.
  1. 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
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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
  1. 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.
  1. 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.
  1. 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.
  1. 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
  1. 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.
  1. 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. 
  1. 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.