- A) STANDARD TERMS & CONDITIONS
COMMENCEMENT & INSTALLATION
- This Agreement, including all the Terms & Conditions contained herein and on the bitCONNECT website, the Service Application, the Debit Order Instruction, the Rental Application (if applicable), Quotation(s), Warranty, Acceptable Use and Fair Usage Policy, all Legal Policies published on the bitCONNECT website as well as the standard terms and conditions of any 3rd-Party Open Access Network (if applicable), (collectively hereinafter referred to as “Service Contract’), comes into effect after receipt and acceptance of this Service Contract by bitCONNECT (“effective date”). In terms hereof bitCONNECT shall provide the Customer with the telecommunications equipment, internet access, fibre, voice and/or other data services as agreed upon in exchange for the agreed fees.
- Installation date will be confirmed after receipt of all required documentation and affordability approval (if applicable). Installation is subject to the on-site technical coverage, signal strength and connectivity assessment before installation. Should the results of the assessment prove not to be viable, the installation will be aborted, the Service Contract will become null and void and no additional fees will be payable by the client. Billing shall only commence after successful installation and is payable monthly in advance by way of compulsory debit order instruction, calculated pro-rata from date of installation completion. 230V AC power supply, sleeve, conduits and ducts for cables (if applicable) is to be supplied/installed by the Customer, together with draw wires. Any additional work and/or equipment not quoted for and required to complete the installation, will be billed for and shall become due and payable by the Customer, in full, after installation completion.
- bitCONNECT may make use of third-party contractors to fulfil its duties in terms of this Service Contract.
- The Customer must obtain permission from the Landlord, Body Corporate, Homeowners Association and/or Property Manager prior to installation, failure by which the Customer will be liable for site survey, callout and labour fees.
PRICING AND CANCELLATION
- All prices include VAT, unless otherwise specified. The full amount payable by the Customer shall include VAT at the prevailing VAT rate. The service fees consist of fixed monthly costs that are billed monthly in advance. Variable costs may be billed monthly in arears. All payments are payable by automatic compulsory debit order on either the 1st or 2nd business day of each month. Once-off amounts, equipment purchased, installation costs, additional work etcetera are billed as ad-hoc invoices and is payable by automatic compulsory debit order, on the ad-hoc automatic debit order payment date as per the specified date on these invoices. Prices, fees and costs may change by giving 1 (one) calendar months written notification to the Customer.
- Any additional accepted bitCONNECT Quotation(s) form an addendum to this Service Contract.
- Please note that, as per ICASA regulations, in respect of voice services, the Customer may not port their number to a third service provider network within the first 3 (three) months from the first number porting date, but it can be ported back to the original donor network within the first 3 (three) months.
- Should the Customer decide to relocate and/or move their bitCONNECT Installation to a different address/location, the customer will remain liable for fulfilment of its obligations as contained in this Service Contract, even if no acceptable bitCONNECT coverage, signal strength or connectivity is available at the new address/location.
- Should a bad connection (as determined by bitCONNECT ) occur in future for any reason whatsoever including but not limited to interference, trees, terrain, the erection of new buildings or other obstructions, and where bitCONNECT ’s unable to find an alternative and adequate signal strength and/or good connection, bitCONNECT shall have the right to cancel this Service Contract by providing the Customer with 1 (one) calendar month notice. In such an event, the Customer will only be held liable for payment of the monthly service and rental fees up to the last day of such termination date. bitCONNECT shall at its own cost remove all rented and/or unpaid equipment from the Customers premises at a date and time convenient to bitCONNECT .
- Upon final termination of this Service Contract by the Customer, bitCONNECT shall remove its equipment, at a date and time convenient to bitCONNECT , and the Customer shall be liable to bitCONNECT for payment of R950.00 (Nine Hundred and Fifty Rands) excluding VAT. Also refer to the Termination Policy available on bitCONNECT ’s website for more related information.
- The Customer is entitled to cancel this Service Contract within 7 (seven) days after the effective date.
EQUIPMENT RISK & RESPONSIBILITY
- All equipment carries a 12 (twelve) month on-site warranty from date of installation/delivery, unless specified otherwise. The warranty excludes power and/or lightning surges and any other exclusions imposed by the equipment manufacturer and/or distributor. The Customer is bound by bitCONNECT ’s Warranty Terms and Conditions, as published on bitCONNECT ’s website or available on request. The risk in and to, as well as the responsibility for the equipment shall vest in the Customer from date of installation/delivery until termination of this Service Contract subject to paragraph 10 and 11 hereof.
- bitCONNECT requires that all rented and/or unpaid equipment be comprehensively insured by the Customer as set out in the Insurance of Equipment Policy as published on the bitCONNECT website or available on request. bitCONNECT recommend the installation of power surge and lightning protection by the Customer for the Customer’s account.
- If the equipment is damaged or defective while at the Customer’s premises or under the Customer’s control, bitCONNECT may replace the damaged equipment and same will be billed for after completion of the work. Where the equipment is replaceable under warranty, a credit will be passed to the Customer’s account after assessment by the equipment manufacturer.
- All rented equipment including brackets, poles, cables, routers, switches, equipment, software, connectors and interfaces remains the property of bitCONNECT at all relevant times and shall be returned (as per paragraph 10 and 11 above) in a good and proper working condition (fair wear and tear excluded) to bitCONNECT after termination of this Service Contract. Should the equipment be damaged or found not to be in a good and working condition, the Customer accepts liability for the replacement cost of such equipment (as set out in the Insurance of Equipment Policy and published on the bitCONNECT website or available on request). All non-rented equipment remains the property of bitCONNECT until paid for in full.
- The Customer warrant and undertake not to allow any third-party charges, liens, pledges or other encumbrances to be created over any equipment of bitCONNECT , or not fully paid for equipment, or any other property of bitCONNECT .
DEFAULT & BREACH
- Should the Customer’s account be unpaid by the due date, bitCONNECT will notify the Customer of same and the Customer will have 7 days to pay the account failing which the services will be suspended. Where bitCONNECT have suspended the services due to non-payment, a reconnection fee will be levied in order to reconnect the services. By signing this Service Contract, the Customer authorizes and hereby gives bitCONNECT full permission to enter the Customer’s premises to remove all of the rented and/or unpaid equipment and materials, at any date and time convenient to bitCONNECT , should the Customer be in breach of this Service Contract or upon termination hereof. Collection of the rented and/or unpaid equipment and materials is in addition to any other rights and remedies bitCONNECT has in law. In addition to this Service Contract, bitCONNECT has the right to terminate this Service Contract as set out in the Acceptable Use and Fair Usage Policy, as published on bitCONNECT ’s website and is available on request.
SIGNS, LOGO & NUMBER PORTING
- bitCONNECT may install its “connected by” name board on the Customer’s property or building. This sign will not be larger than 600x400mm.
- bitCONNECT may display the Customer’s logo on marketing materials and the bitCONNECT website.
- Approval of number porting applications may take up to 15 (fifteen) business days from date of number porting application date, subject to approval of the donor service provider, and cannot be re-ported within 3 (three) months.
SERVICE LEVEL AGREEMENT, TECHNICAL PROBLEMS AND FAULT REPORTING
- Some services are governed by bitCONNECT ’s Service Level Agreement (“SLA”) as published on bitCONNECT ’s website and/or available on request.
- bitCONNECT accepts no responsibility for connectivity, network and/or Customer downtime problems, or any losses or damages associated thereto, or any “line-of-sight” or “external factors” that could affect the quality of the service after completion of installation.
- All post installation technical problems must be reported to bitCONNECT ’s technical help desk as per the Fault Reporting and Escalation Procedure published on bitCONNECT ’s 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 bitCONNECT have not been given acceptable time to rectify problems on a non-public platform.
WAIVER OF LIABILITY
- To the extent permitted by law, bitCONNECT will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by the Customer (including but not limited to their person, employees, customers, property or business) in connection with this Service Contract, the equipment and/or services whether or not such claim arises during installation, while this Service Contract is in effect or after termination hereof.
- The Customer acknowledges that bitCONNECT will retain ownership of all right, title and interest, including but not limited, to all intellectual property rights in and to the bitCONNECT services and all software programs developed by bitCONNECT and used in the delivery of the services. All intellectual property (including but not limited to copyright, patents, proprietary material, trademarks, logos, design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts, methods, techniques, processes, adaptations, ideas, technical specifications and testing methods) owned by bitCONNECT and all modifications thereto shall at all times remain the sole property of bitCONNECT and the Customer shall not acquire any rights, title or interest of any kind in any of bitCONNECT ’s intellectual property, other than permitted in terms of this Service Contract.
AFFORDABILITY ASSESSMENT & PERSONAL INFORMATION
- The Customer hereby consents to and authorizes bitCONNECT to process its personal information, which includes but is not limited to, the name, identity or registration number and banking details of the Customer, for the purpose of performing the services in terms of this Service Contract. The Customer hereby consents to and authorizes bitCONNECT to conduct a credit assessment with a credit bureau/s on the Customer.
- bitCONNECT reserves the right to pursue the Customer for any outstanding debt in terms of Section 129 of the National Credit Act 34 of 2005 (as amended). bitCONNECT reserves the right to list the defaulting Customer as a defaulter with credit bureau/s in line with Regulation 19(4) of the National Credit Act 34 of 2005 (as amended).
- The Customer understands that the Customer’s personal information given to bitCONNECT is to be used for the purposes of assessing affordability and/or credit worthiness and in order to perform in terms of this Service Contract and the Customer consents thereto. The Customer confirms that the Customer’s personal information given to bitCONNECT is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which bitCONNECT will not be liable for inaccuracies.
- This Agreement constitutes the entire agreement between the parties.
- With the exception of the notice of amended prices, fees and costs, no amendment to this Agreement shall be of force unless reduced to writing and signed by both parties.
- The Customer shall not cede their rights or assign their obligations under this Service Contract unless prior written notice is given to and accepted by bitCONNECT. bitCONNECT reserves the right to cede its rights in terms of this Service Contract, with or without notification and/or consent by the Customer.
- No extension of time, waiver, indulgence, or other arrangement granted or allowed by either party shall constitute a waiver or novation of that party’s rights.
- Should any provisions of this Service Contract be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions of this Service Contract.
- This Service Contract may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
- It is not intended that any provision of this Service Contract contravenes any provision of the Consumer Protection Act 68 of 2008 (“CPA”) as amended or the Protection of Personal Information Act 4 of 2013 (“POPIA”) as amended. Therefore, all provisions of this Service Contract must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the CPA and POPIA, if the CPA and/or POPIA are applicable.
- For the purpose of this Service Contract, including the giving of notices and the serving of legal process, the Customer chooses its domicilium citandi et executandi to be the physical or email address as provided to bitCONNECT. A notice in terms of this Service Contract shall be presumed to have been duly given, if delivered, on the date of delivery, or if sent by e-mail, on the day that the e-mail is transmitted.
- B) APPLICABLE TO INDIVIDUALS (ONLY)
SPECIAL TERMS AND CONDITIONS
- Use of the Services may be subject to ID verification and / or proof of address, as required by RICA (the Regulation of Interception of Communication Act of 2002 as amended). A driver’s license is not acceptable, only a full coloured, clear, legible copy of their valid Identity Document or Identity Card will be accepted. Non-South African citizens may submit a copy of their valid Passport or International Driver’s License.
TERM CONDITIONS (applicable to Term Agreements only)
- The Customer may upgrade the services or cancel this Service Contract by giving a minimum of 1 (one) calendar month written notice to bitCONNECT. In the event of termination, the Customer may be liable for termination fees as set out in the Termination Policy (available on bitCONNECT’s website or on request). A reasonable cancellation fee is calculated as the total monthly cost of the services and/or equipment rental, multiplied with the remaining term months, less 10% (ten percent) settlement discount. At the end of the initial period, the customer may elect to renew for a further term as per the initial period and on the terms and conditions applicable at that time, failure by which this Service Contract will continue on a month to month basis.
- The provisions set out in paragraph 40 above shall mutatis mutandi apply in the event that bitCONNECT elects to cancel the Service Contract as a result of any breach incurred by the Customer.
MONTH-TO-MONTH CONDITIONS (applicable to Month to Month Agreements only)
- The Customer may upgrade or downgrade the services or cancel this Service Contract by giving a minimum of 1 (one) calendar month written notice to bitCONNECT, unless specified otherwise. The Customer will however be liable for all fees due up until the last day of the notice period together with the connection fee, service fee and equipment cost if same has not been paid in full.
- The provisions set out in paragraph 42 above shall mutatis mutandi apply in the event that bitCONNECT elects to cancel the Service Contract as a result of any breach incurred by the Customer.
- C) APPLICABLE TO LEGAL ENTITIES (ONLY)
SPECIAL TERMS AND CONDITIONS
- Use of the Services may be subject to verification and/or proof of address, as required by RICA (the Regulation of Interception of Communication Act of 2002). Documents required for Legal entities on request:
- Company/Closed Corporation registration documents, Copy of SARS document confirming Income tax or VAT registration number. Resolution on company letterhead signed by all directors/members/partners nominating an authorised signatory/representative; Copy of bank statement confirming banking details (less than three months old); For the authorised signatory/representative, we require a copy of ID and proof of address (less than three months old).
- Where the Customer have applied for business fibre services and should the Customer cancel the Service Contract after the period as set out in paragraph 12 above but before installation, the customer shall be liable for a cancellation fee of R10’000.00 (Ten Thousand Rand) excluding VAT, or such other amount as determined by bitCONNECT from time to time.
TERM CONDITIONS (applicable to Term Agreements only)
- The Customer may upgrade the services by giving a minimum of 1 (one) calendar written notice to bitCONNECT, unless otherwise specified. This Service Contract will automatically be renewed for a further term as per the initial period, unless the Customer notifies bitCONNECT in writing, not less than 3 (three) calendar months before the expiry date, of its intention to terminate the Service Contract.
MONTH-TO-MONTH CONDITIONS (applicable to Month to Month Agreements only)
- The Customer may upgrade or downgrade the services, or cancel this Service Contract by giving a minimum of 1 (one) calendar written notice to bitCONNECT, unless specified otherwise. The Customer will be liable for all fees up until the last day of the calendar month notice period.
- D) SURETY (applicable to Legal Entities only)
- The person agreeing to this agreement hereby act as the Surety to assume certain risks, liabilities and legal responsibilities on behalf of the Customer towards bitCONNECT.
- The Surety hereby agrees to and stands as surety for the Customer (“the Surety”), by him/her agreeing hereto, binds himself/herself in his/her personal capacity, in favour of bitCONNECT, its successors-in-title and assigns as surety and co-principal debtor in solidum, jointly and severally, with the Customer for the proper, full and punctual payment and performance of the Customer of all its present and future obligations to bitCONNECT which the Customer owes or may in the future owe to bitCONNECT from whatsoever cause arising in terms of goods and/or services rendered in terms of this Service Contract concluded or about to be concluded between bitCONNECT and the Customer.
- This Suretyship shall remain in full force and effect notwithstanding any indulgence, concession, leniency or extension of time which may be shown or given by bitCONNECT to the Customer; or any amendment/s to this Service Contract, this Suretyship Agreement and/or other agreement for the time being subsisting between the parties.
- The Surety hereby renounces the benefits of the legal exceptions ” beneficium ordinis seu excussionis” (i.e. excussion, enabling bitCONNECT to proceed against me as the Surety before proceeding against the Customer if bitCONNECT chooses to do so); “beneficium divisionis” (i.e. division, enabling bitCONNECT to proceed against any one of us sureties alone for the full amount owing to bitCONNECT); “exceptio errore calculi” (the exception of a wrong calculation); ” exceptio non numeratae pecuniae” (the exception that money was not paid over); “exceptio non causa debiti” (the exception that no cause of action exists); where applicable, the ” exceptio de duobus vel pluribus reis debendi” (the exception that all the sureties must be joined in any action, each for his/her proportionate share of the debt); “revision of accounts”; and “no value received”, with the meaning and effect of all of which the Surety declares himself/herself to be fully acquainted.
- The Surety warrants, as a material warranty, that he/she is duly authorised to enter this Suretyship, and that he/she has read and understood each term and condition of this Suretyship and accepts them as binding.
- The Surety accepts that the authorized representative of the Customer to any Schedule or other documentation in terms of this Service Agreement shall bind the Customer in respect of the relevant transaction.
- In the event of more than 1 (one) person appending his/her acceptance hereto, there shall come into existence a separate and distinct Suretyship agreement for each person agreeing hereto (“the Sureties”). If for any reason the Suretyship is not binding on 1 (one) Surety, it shall nevertheless remain in full force and effect in respect of the obligations of the remaining Sureties.
- For its duration, this Suretyship shall be a continuing covering security for all the Customer’s obligations to bitCONNECT in terms of, or arising in connection with this Service Contract, until all amounts owing to bitCONNECT and all obligations (including contingent obligations), plus such interest and costs until date of payment as are permissible in law, have been paid and fully and finally settled or discharged.
- The Surety hereby chooses its domicilium citandi et executandi (domicile address) for all purposes at the address of the Customer.