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Hierdie ooreenkoms word aangegaan deur en tussen
(hierna "The Subscriber")
Bitconnect Pty Ltd, 'n privaat maatskappy geregistreer volgens die wetgewing van Suid-Afrika met registrasie nommer 2014/101772/07;en operasioneel by 1011 Meyer straat, Rietfontein, Pretoria, 0084;en verteenwoordig deur Lionel Redelinghuys in sy hoedanigheid as hoof uitvoerende beamptewat waarborg dat hy gemagtig is om hierdie ooreenkoms namens die maatskappy aan te gaan
(hierna "The Supplier")
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement the following expressions, words or phrases, shall bear the meanings assigned to them below:1.1.1 “Agreement” shall mean the agreement as set out herein together with the Business Subscriber Agreement.1.1.2 “Effective Date” shall mean the date of signature of this Agreement;1.1.3 “Commencement Date” shall mean the date of activation of the services;1.1.4 “System” shall mean the radio interface, fixed line, or any other means by which telecommunication services are provided by The Supplier;1.1.5 “Services” shall mean the basic telecommunication service providing speech and data communication via the system and any other such service The Supplier may at its option choose to make available to the Subscriber.1.1.6 “USI” shall mean the unique subscriber identity, which identifies the subscriber to the system and allows access to the system and services.1.1.7 “Tariff” shall mean the tariff of charges as published and amended from time to time by The Supplier in its sole discretion;1.1.8 “Equipment” shall mean the voice and/or data apparatus, together with all additions or accessories thereto including hardware, software and intellectual property, as specified in this Agreement and its schedules, if applicable.1.1.9 “Monthly Access Charge” shall mean the monthly charge for being connected to the system as specified in the tariffs.1.1.10 “Calendar Month” shall mean a month starting on the 1st day thereof and ending on the 31st day thereof e.g. 1 July to 31 July.1.1.11 Words that have not been defined in this Agreement but have a generally and commonly understood meaning and context in the Information Technology and Telecommunication sector will be interpreted as having that meaning and context.
2. CONNECTION TO THE SYSTEM AND PROVISIONS OF THE SERVICES
2.1 The Supplier shall allocate a USI to the Subscriber and connect the Subscriber to the system and The Supplier shall use its best endeavours to make the services available to the Subscriber throughout the duration of this Agreement.2.2 Subscriber acknowledges that he will be liable for all charges for the services rendered through the system uniquely identified by said USI at the rates as specified by the Supplier.2.3 The Subscriber acknowledges and agrees that The Supplier can only guarantee the service if the other telecommunication equipment, including but not limited to telephone sets, modems, routers, switches and hubs, connected to the system is approved by The Supplier.2.4 The Subscriber hereby agrees that all necessary and adequate precautions will be taken to ensure that no unauthorised and/or fraudulent usage of the Services occurs. Pursuant to this clause; The Supplier shall not accept any liability of whatsoever nature or howsoever arising as a result of this clause not being fully adhered to by the Subscriber.2.5 In the event of a more suitable or advantageous means of the System becoming available to the Subscriber at any time, the Subscriber agrees that the Supplier will be given first right of refusal of the provision of any service(s) made available via said System. The Subscriber acknowledges that these service(s) may be made available by the Supplier at an additional charge and that additional or replacement Equipment may be required.2.6 The Subscriber hereby agrees that the Supplier will have the right to reroute voice traffic in order to maintain the optimum running of the Service. The Subscriber acknowledges that voice traffic may be routed via various Tariffs as seen fit by the Supplier.
3.1 In consideration of the provision of the Services or equipment, whatever the case may be, the Supplier shall debit the Subscriber for the amount in each invoice monthly in advance by no later than the last day of each month whether or not the Services have been or are being utilised by the Subscriber.3.2 Should any debit order be returned unpaid or stopped for whatsoever reason or should The Supplier exercise its right to suspend the provision of the services due to late or non-payment of any monies due in terms hereof by the Subscriber, then the Subscriber shall pay an administration charge as may be levied by The Supplier from time to time for each such non-payment, suspension or any other breach of this Agreement which amount shall be payable upon demand and recoverable by The Supplier.3.3 Services that have been suspended for whatever reason shall remain billable although the service is inaccessible to the customer due to it being suspended.3.4 Any and all applicable national and local taxes, fees, surcharges and all other related charges that may be imposed or levied on the Subscriber as a result of this agreement or by any appropriate statute or regulation which provides the authority for the imposition of taxes, fees, surcharges and all other charges (collectively, “Taxes”) will be paid by the Subscriber3.5 The Subscriber shall not be entitled to set off or deduct any monies or lodge any claims against the supplier in respect of “dropped”, discontinued and/or uncompleted calls and/or connections, suspended or temporarily unavailable services, including facsimile and other services.
4.1 Subject at all times to the provisions of clause 8 (Termination clause); this Agreement shall commence on the commencement date and shall continue for a minimum period as stipulated on the Business Subscriber Agreement as “Agreement Period” thereafter may be terminated by The Supplier giving notice to Subscriber in terms of clause 8 (Termination clause) or by the Subscriber giving The Supplier not less than one calendar month’s written notice of termination.4.2 Notice given at any time during the month, including the first day of the month, shall only be served out at the end of the following calendar month to provide for a full calendar month notice.
5. INSTALLATION OF EQUIPMENT
5.1 The Subscriber shall allow The Supplier or its approved representative to carry out such work at the Subscriber’s premises as is necessary to effect implementation of the services and indemnifies the Supplier, its directors, employees, agents or approved representatives against all damages, costs and expenses incurred in performing such implementation and as a result of such implementation.5.2 Should the equipment installed at the Subscribers premises be damaged, lost, stolen, non-operational or undergoing repair, the Subscriber agrees that this Agreement is not conditional upon such availability or operation of the equipment and this Agreement shall continue in full force and effect and the Subscriber shall continue to pay all amounts due in terms hereof.5.3 The Subscriber shall provide the necessary space, electricity supply and environmental conditions required for the equipment, all at the Subscriber’s exclusive property of The Supplier until paid for in full and nothing contained herein will give or convey to the Subscriber any right, title or interest whatsoever in such equipment, which will at all times be and remain personal property of The Supplier not withstanding that it may be or become attached to or embedded in realty.
6. LIMITATION OF LIABILITY
6.1 The Supplier gives no warranties, representations, guarantees or undertakings express or implied, concerning the equipment and/or the services. Neither The Supplier nor its holding company, any of its subsidiaries, sub-contractors, employees, affiliates or agents shall be liable or responsible for any loss or damage of whatsoever nature or howsoever arising in consequence of any omission by The Supplier, its holding company, its subsidiaries, subcontractors, employees, affiliates or agents in the supply or failure of the equipment and/or the services or otherwise, irrespective of whether such loss or damage is attributable to the fault or negligence of The Supplier, its holding company, its subsidiaries, sub-contractors, employees, affiliates or agents.6.2 The Supplier shall not be under any liability (including liability for negligence) for any loss or damage or injury to the Subscriber whatsoever no matter when or how, arising out to the provision of the services or otherwise, whether direct or in direct, consequential or contingent and whether foreseeable or not and in particular not be liable for financial loss of profits, contract, business anticipated, savings use or goodwill.6.3 The Subscriber acknowledges and agrees that the services’ quality and coverage available to the Subscriber shall be limited to that provided by the data, fixed line, wireless or GSM Network Providers and the services may from time to time be adversely affected by physical features such as buildings and underpass as well as atmospheric conditions and other causes of interference.6.4 The service provided by The Supplier expressly exclude problems caused by: any misuse or unauthorized tampering with hardware or software; electrical malfunction; any misuse, wilful act or default attributable to the Subscriber, its agents, employees or sub-contractors; force majeure; or irregular or fluctuating electrical power supply.6.5 Although all reasonable effort is made, The Supplier makes no guarantee that services will be rendered and transmitted error free or without virus, and further that the services are secure from unlawful access.6.6 All post installation technical problems must be reported to The Supplier’s technical help desk as per the Fault Reporting and Escalation Procedure published on its website and/or available on request. Post installation problems may not be voiced on any public platform (including social media) if the above procedure have not been followed and The Supplier have not been given acceptable time to rectify problems on a non-public platform.
7. WIFI COVERAGE AND QUALITY
7.1 The subscriber may from time to time experience issues related to its WiFi network due to wireless signal quality or insufficient coverage.7.2 It is not the supplier’s responsibility to extend the WiFi network or to resolve WiFi network quality issues.7.3 The supplier provides no warranty for the coverage and/or signal quality of the WiFi network at the subscriber’s premises.7.4 The subscriber shall extend the range of his WiFi and/or physical network according to their requirements.7.5 Using wireless network extenders almost always worsen the quality of a WiFi network. The subscriber uses such extenders at their own risk.7.6 The supplier recommends extending WiFi network coverage by installing a network cable to a suitable location and connecting an additional wireless access point to it. 7.7 The subscriber shall bear the costs associated with extending their network
8. VOIP QUALITY ASSURANCE
8.1 VoIP service quality is subject to network quality and as such the supplier will only guarantee VoIP over its networks if;8.1.1 The subscriber makes use of the suppliers' VoIP services and;8.1.2 It is connected to and using the VoIP services in conjunction with the following VoIP approved connectivity services and with limits as specified in 8.2:184.108.40.206 LTE/LTE-A internet provided over the MTN network220.127.116.11 LTE/LTE-A non-internet access voice only APN services available on the MTN, Vodacom and Telkom networks18.104.22.168 Fibre internet contended and uncontended services utilising ethernet and GPON/EPON technologies22.214.171.124 Licensed spectrum wireless services8.2 The following limitations shall apply to VoIP approved connectivity:8.2.1 LTE/LTE-A internet and non-internet to a maximum of 10 concurrent calls8.2.2 GPON/EPON contended fibre to a maximum of 30 concurrent calls8.2.3 Uncontended fibre (DFA, LinkAfrica and similar) with no limitation subject to available bandwidth8.2.4 Licensed spectrum wireless with no limit although weather conditions will affect the quality of service and is subject to available bandwidth
9. USE OF THE SERVICE, STATUTORY AND REGULATORY PROVISIONS AND SUBSCRIBER APPARATUS
9.1 The Subscriber shall at all times comply with all statutory or other regulatory provisions relating to wireless telegraphy and telecommunications services applying to the provision and use of the services, from time to time. In addition, the Subscriber shall:9.2 Comply with any instructions issued by The Supplier which concern the Subscriber’s use of the services or connected matters; and provide The Supplier with all such necessary information that The Supplier may reasonably require; and9.3 Only use apparatus which is approved for use with the system by The Supplier in writing.9.4 The Supplier warrants that it is licensed with the relevant South African authorities to render all the services as outlined in this Agreement.
10.1 The Supplier may terminate this Agreement by notice if;10.1.1 Any license to operate or use the system is revoked, terminated or modified for any reason either in whole or in part; or10.1.2 The Subscriber is in breach of any of the terms of this Agreement and has failed to remedy the breach within 7 (seven) days of written notice by The Supplier; or10.1.3 A receiver or liquidator is appointed in relation to the Subscriber or an application for the sequestration or the winding-up of the Subscriber is made or any warrant of execution is issued against the Subscriber. In this case The Supplier may terminate the Agreement with immediate effect.10.1.4 If any license to operate or use the system is revoked, terminated, or modified for any reason either in whole or in part.10.1.5 It is agreed that the Subscriber may cancel this Agreement by giving 7 (seven) days prior written notice if The Supplier can no longer perform its duties under this Agreement by way of Legislation being passed by an Act of Parliament or a court ruling, after final appeals have been heard ordering the termination of the services;10.2 Pursuant to clause 4 (Duration Clause), should the Subscriber terminate this agreement for any reason other than default by the Supplier or should The Supplier terminate this agreement for default by the Subscriber, then the Subscriber will pay the Supplier:10.2.1 100% for any unpaid amounts for the terminated Services/outstanding purchase price of equipment through the date of termination;10.2.2 100% (one hundred percent) of the Monthly Access Charge that was to be paid through the end of the Agreement;10.2.3 any special build costs not initially paid for by the customer; and10.2.4 any service provider charges associated with disconnecting the Services.10.2.5 The parties agree and place on record that the early termination fee is considered to be both fair and reasonable.
11. ASSIGNMENT AND CESSION
11.1 The Subscriber shall not cede, assign, transfer, encumber or delegate any of its rights or obligations in terms of this Agreement to any third party without The Supplier’s prior written consent.
12. VARIATION OF CHARGES
12.1 The Supplier may vary all or any of its charges (including but not limited to the charges described in the Business Subscriber Agreement of this Agreement, any charges in respect of benefits provided to Subscribers and in respect of value-added services) by publishing an amended tariff, such variation to take effect after 30 (thirty) days written notice.
13.1 All notices required to be given under this Agreement will be deemed to have been properly served if sent by pre-paid registered post or delivery to the party’s principle place of business, or to any address either party has given to the other for this purpose from time to time.
14.1 These terms and conditions constitute the whole agreement between the parties, except where the contrary is indicated. No additions, amendment or variation of these terms and conditions shall be of effect unless reduced to writing and signed by both parties.
Authorisation given by (name of Accountholder):
Bank: Choose a bankABSAFirst National BankNedbankStandard Bank SACapitec BankInvestec BankAfrican BankBidvest BankCiti BankPost BankTyme Bank
Branch and Code:
Type of Account: Type of accountCredit cardCurrent (Cheque)SavingsTransmission
Amount to be debited: Full balance owing as per statement
Debit Date: Debit date26th1st10th
Abbreviated Name as Registered with the Bank: Bitconnect
The abbreviated name will be displayed on your bank statement whenever a debit is made..
This signed Authority and Mandate refers to our contract dated (“the Agreement”).
I/We hereby authorise you to issue and deliver payment instructions to your Banker for collection against my/our above-mentioned account at my/our above-mentioned Bank (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement and commencing on and continuing until this Authority and Mandate is terminated by me/us by giving you notice in writing of not less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address as indicated above.
The individual payment instructions so authorised to be issued must be issued and delivered as follows: monthly
In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.
Payment Instructions due in December may be debited against my account on the day of the month as selected.
I / We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction.
Failed debit order attempts shall be subject to a R100 excl. VAT penalty. Debit order penalties are subject to a yearly review and may increase year-on-year by up to 10%.
I/We acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned Bank as if the instructions have been issued by me/us personally.
I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to you.
I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
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Document Name: Level-7 Kontrak
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