AGREEMENT
1. Definitions
In this Agreement:
(a) "WE", "OUR", "US" means Clearwire
Communications. (b) "YOU", "YOUR" means the person or
company named overleaf. (c) "NETWORK" means any Wireless Network
System available from us that you have opted to use. (d) "SERVICES"
means the Wireless Services provided by us. (e) "INSTALLATION FEE"
means the once off amount charged for connection to the Services as specified
overleaf. (f) "MONTHLY CHARGE" means the amount payable for access to
the network and provision of certain services as set out in the Agreement
and/or detailed in overleaf. (g) "COMMENCEMENT DATE" means the date
on which we connect your Wireless Equipment to the network. (h) "MINIMUM
PERIOD" means the period of twelve (12) months commencing on the
Commencement Date. (h) "DEPOSIT" means the amount payable with the
“INSTALLATION FEE” defined in (e) above and is a refundable amount of 1 months
“MONTHLY CHARGE” as defined in (f) above providing that the conditions of 7. ending
the Agreement have been met by you.
2. Connection to the Network and provision of the Services
2.1 We will connect you to the Network and will use our reasonable endeavours
to make this Network available to you throughout the term of this Agreement.
2.2 The Services may from time to time be adversely affected by factors outside
our control. We shall not be liable if the services are adversely affected by
such factors which may include but are not limited to: Weather conditions,
obstructions such as buildings, trees and other sources of radio interference.
3. Payment
3.1 Payment for the Services is due and paid in advance on a monthly basis via
debit order and Value Added Tax is payable on all charges levied by us unless
otherwise specified.
3.2 For any overdue payments we may charge daily interest at 2% above the
current FNB Bank base lending rate as published in their offices.
3.3 The Service Charges may be increased from time to time and notification
will be provided to you two months prior to this being affected.
3.4 If a debit order is not processed due to inaccurate account details
supplied by customer, or lack of funds, a processing fee of R100 will be
charged.
4. Agreement Length
4.1 This Agreement shall continue for the Minimum Period and will automatically
renew thereafter for a further period of twelve months and so forth unless
terminated within the specified notice period prior to this time as specified
in Clause 7.1 below.
5. Warranties and Liability
5.1 We shall not be liable for any defect in the Services arising out of your
acts, omissions, negligence or defaults including any failure by you to comply
with our reasonable recommendations.
5.2 Likewise we shall not be liable for any claim for loss (financial or
otherwise), damage or injury whatsoever sustained by you arising out of the
provision of the services or otherwise whether such claims or actions arise
from the negligent or wilful acts or omissions of the service provider, its
servants or agents.
5.3. In particular we shall in no way be held liable for any misuse of the
Services by You by way of unsolicited mailing (“spam”), hacking, or engaging in
any illegal or objectionable activities whatsoever.
6. Suspension
6.1 We may suspend the Services if and for so long as any of the following
circumstances apply:
6.1.1 if you fail to comply with any of the terms and conditions of this
Agreement;
6.1.2 if you allow to be done anything, which in our reasonable opinion, may
have the effect of jeopardizing the Services;
6.1.3 if you fail to pay any sum due to us on the date payment is due in
respect of the Services under this Agreement.
6.1.4 if in our reasonable opinion the Services are being used in a manner
prejudicial to you, us, or any other user of the Network;
6.2 In addition we may suspend the Services for Network maintenance and
upgrades. If the Services are suspended in this manner for a period of seventy
two (72) hours or more, we will on a pro-rata basis credit to you charges
during the unavailability of the Network.
6.3 If we reinstate the Services following any suspension you may be liable for
an administration fee of R150.00 plus VAT.
7. Ending the Agreement
7.1 You may end this Agreement by giving us not less than thirty (30) days
written notice to end it prior to the anniversary date of the Agreement.
7.2 We may end this Agreement by giving notice to you with immediate effect in
any of the following circumstances:
7.2.1 if you fail to remedy any breach of the terms of this Agreement within
fourteen (14) days of your receiving written notice of such breach from us or
if you otherwise persistently fail to comply with any of the terms of this
Agreement.
7.2.2 In the case of you being declared Insolvent or bankrupt;
7.2.3 if you do or allow to be done anything that jeopardizes the operation of
the Services;
7.2.4 if the operation of the Network is terminated or if the provision of the
Services to us is discontinued for any reason;
7.2.5 if the result of any credit reference agency search is in our reasonable
opinion considered unsatisfactory;
7.3 You may terminate this Agreement in the event of our failure to remedy any
breach of this Agreement by us, if we have received written notice from you of
the breach and we have not remedied the breach with fourteen (14) days of our
receipt of such written notice.
7.4 In the case of termination by you under Clause 7.3, you shall not be liable
to pay the Cancellation Charge referred to in Clause 7.4 above.
8. Transfer of Liability
8.1 You cannot transfer your obligations to pay charges under this Agreement
without our prior written permission
8.2 Nothing in this Agreement shall restrict our ability to assign or transfer
our rights and obligations under this Agreement to another service provider,
although we will give written notice to you should we do so.
9. Excusable events
9.1 We shall not be held liable for any breach of this Agreement if caused by
an "Act of God", war, emergency, compliance with any statutory
obligations, industrial disputes, fire, lightning, flood, exceptionally severe
weather, acts or omissions of persons and our bandwidth service providers for
whom we are not responsible or any other cause beyond our reasonable control.
For so long as these events continue, your payment obligations under this
Agreement will be suspended if and to the extent that such events cause a
breach of this Agreement.
10. Equipment
10.1 Unless you purchase the equipment in full, the equipment will remain our
property for the duration of this agreement, and must be immediately returned
to us in working condition upon the termination of this agreement. If it shall
be deemed necessary by Us to remove the equipment ourselves, You shall allow
unrestricted access for this purpose and We shall not be required to prove
ownership of such equipment.
10.2 If you purchase any equipment from us such equipment will be sold
"Voetstoots" and ownership of the equipment will remain vested with
us until we receive all costs and charges relating to such equipment from you.
11. Installation
11.1. It is Your responsibility to obtain any required permits, homeowner
associations approvals, mortgage grantors permission, or to gain landlord
approval for the placement of antennas and other equipment on the installation
site.
11.2. Unless otherwise agreed to in writing, the point of final delivery of
Service will be at the termination point of the primary Local Area Network
(LAN) cable. If Service is not delivered wirelessly in stead of by LAN cable,
the delivery point of Service and quality of Service will be deemed as measured
or experienced on a newly-configured laptop computer supplied by us. No
responsibility shall be taken for performance of Service on Your own equipment.
11. General
11.1 You should promptly, but in any event within seven (7) days advise us in
writing of any change of address or bank details. We may ask you to validate
any change of details for fraud prevention purposes.
11.2 We reserve the right to modify the terms and conditions of this Agreement
to comply with new legislation, statutory instruments, Government regulations
or licenses. Should any such variation take place, we will notify you in
writing.
11.3 You may terminate this agreement at any time prior to your connection to
the service by writing CANCELLED overleaf and faxing it to us at 044 8057131.
11.4 You shall in no way or form whatsoever resell or cause to resell any
bandwidth, internet access or any other of our products or services without our
express written permission. Engaging in any such action shall entitle us to
terminate your account with immediate effect.
11.5. All bandwidth, including topups, is not carried over and expires on the last day of every calendar month.