1.1. “Agreement” means the subscriber Agreement and the Terms and Conditions
1.2. “Business Day” means Monday to Friday excluding weekends and public holidays;
1.3. “CPE” means Customer Premises Equipment, including antennas and communication cards, all cabling, gateways
and modems installed at subscriber’s premises to send and/or receive a signal via radio link and may include any
other special equipment provided by the Service Provide to facilitate and future enhanced services to the Subscriber.
1.4. “Installation Date” means the date on which the Service provider and/or its authorized representative(s) installs the
Equipment at the premises of the Subscriber.
1.5. “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or
1.6. “Service” means the service provided by the Service Provider as detailed in the Subscriber Agreement; and
2.1. The Subscriber agrees to be bound by the terms and conditions contained herein.
2.2. The Agreement will commence on the Installation Date and will continue for an uninterrupted period as selected by the
Subscriber on page 1 of the Subscriber Agreement.
3. SUPPLY, USE AND INSTALLATION OF CPE AND SERVICES
3.1. The Subscriber shall be responsible for obtaining all necessary approvals and authorisations from any competent
authority or body and required for the purpose of any such supply and/or delivery and/or installation and the
Subscriber hereby indemnifies the Service Provider against any claim or liability suffered by the Service Provider by
reason of such approval and authorization not having been obtained.
3.2. All risk of loss, theft, destruction or damage or damage due to negligence to the equipment shall vest in the subscriber.
3.3. If any CPE is lost, stolen or damaged due to negligence, the Subscriber shall immediately notify the Service Provider
in writing and shall at all times remain liable for all/any costs and charges pertaining to such CPE. The service Provider
shall as soon as reasonably possible replace the CPE, The cost of the replacement equipment shall be for the
3.4. Notwithstanding the terms of clause 3.2 above, the Service Provider bears the risk of any operational failure in relation
to the CPE and shall repair and/or replace such CPE at its sole discretion. The client may be charged a service fee in
relation to the services rendered regarding the damaged equipment.
3.5. The subscriber bears the risk of any damage or loss suffered thereto which is attributable to force majeure (“act of
God”) and shall repair and/or replace the equipment at the subscribers cost the client will be charged a service fee in
relation to services rendered regarding the damaged equipment.
3.6. The CPE shall remain the property of the Service Provider and will be collected upon cancellation of this Agreement.
3.7. Where subscriber purchased equipment from the Service provider then the manufactures warranty will apply to such
equipment. Such warranty is normally for a period of 12 (twelve) months from the date of purchase and normally
covers defective equipment as a result of faulty design, manufacture of workmanship provided that such equipment
has not been misused, over-loaded, modified or repaired by an un authorised party. The Service Provider may require
the subscriber to make available the equipment to the Service Provider or its nominee for inspection of the equipment
at a time and place to be arranged by the Service Provider. Should the Service Provider accept the equipment for
repairs and maintenance it shall be deemed to do so as an agent on behalf of the manufacturer or local supplier of the
equipment and the Service Provider shall not be liable for any loss, damage, destruction, theft or negligent
workmanship howsoever or by whomsoever caused.
3.8. Any of the stipulation as in clause 3.4 shall in no way be deemed to constitute a termination of this Agreement which
shall continue to be of full force and effect.
3.9. The Subscriber hereby warrants and undertakes in favor of the Service Provider that:
3.9.1 It shall not use or allow the Service to be used for any improper, immoral or unlawful purpose, nor in any way which
may cause injury or damage to persons or property or an impairment or interruption to the services;
3.9.2 It will only use the CPE provided by the Service Provider and in doing so shall comply with any applicable legislative
and/or regulatory obligation which may , from time to time be imposed, in relation to the CPE’s and the provision of
services, in addition to any directives issued to this extent by the Service Provider itself;
3.9.3 It recognizes that no right, title, or interest in the software contained in the CPE, issued to the Subscriber, vests in
3.9.4 It shall not, nor permit any third party, to reverse engineer, decompile, modify or temper with the software contained
in or pertaining to any CPE.
3.10. The CPE must be used in accordance with the Service Provider or the manufacture’s instruction, as the case may be.
3.11. The Service Provider shall, for the duration of the Agreement and its sole discretion, upgrade and/or replace CPE
installed at the Subscriber’s premises from time to time.
4.1. Unless otherwise agreed to in writing, billing for the service, and where applicable the installation and equipment, will
commence on the installation Date.
4.2. The Subscriber agrees to pay timeously all amounts due in terms of the agreement.
4.3. To the fullest extent permitted by law, all amounts due payable, in terms of the Agreement, Shall be paid free of
exchange, and without deduction or set-off, and shall be paid by way of a direct debit order in favor of the Service
Provider (drawn against an existing bank account nominated by the Subscriber), or in such other manner as the
Service Provider may from time to time determine.
4.4. The Subscriber agrees that the Service Provider will be entitled and authorized to draw all amounts payable in terms of
the Agreement from the account specified by Subscriber (or any other bank or branch to which it may be transferred).
4.5. Unless otherwise agreed in writing, the debit order authorization will commence on the installation Date and will
continue, and not be revoked, until termination of the agreement or until such time as all amounts due and owing to the
Service Provider have been fully and finally discharged. Furthermore, the debit order authorisation will be collected at
the end of the first month and each subsequent month, to collect any amounts due.
4.6. The Subscriber agrees to sign all such forms and to do all such things as may be necessary to give effect to the debit
order as contemplated in clause 4.5 above or otherwise.
4.7. Should the Subscriber fail to pay any amount on the due date stipulated for payment then the Service Provider may,
without prejudice to any of its other rights and remedies:
4.7.1. Take All Such Further steps as may be necessary to recover the outstanding amount from the Subscriber, including
without limitation the use of debt collection mechanisms; or
4.7.2. Subject to clause 5, terminate this Agreement with immediate effect.
TERMINATION OF FIXED TERM SERVICE AGREEMENT
5.1 Where the Subscriber is a natural person, the subscriber may cancel the Agreement on a minimum of 20 Business
Days written notice to the service provider at any time prior to the expiry of the selected fixed-month period, subject to
5.2 Where the Subscriber is Juristic Person, the Subscriber may not cancel the Agreement during the selected fixed month
term of the Agreement save for a material un-remedied breach committed by Service Provide.
5.3 The Service Provider may cancel the agreement 5.3.1.
Where the Subscriber is a natural person- 20 Business Day after giving the Subscriber written notice to remedy a
material breach of the Agreement and the Subscriber fails to remedy that breach within such period;
5.3.2. In the case where the Subscriber cancels this Agreement as contemplated in clause 5.1 the Subscriber will remain
liable for all outstanding amounts due and owing up the date of cancellation; and
5.3.3. In the event of termination, the Subscriber shall remain liable for the outstanding portion of the installation fee, which
amount will immediately become payable upon notification by either party of such termination.
5.4 Any notice to the Service provider by the Subscriber for cancellation in terms of the Agreement shall be made in
5.5 The Service Provider reserves the right to remove the CPE when the contract is terminated and/or temporally
6.1. The Subscriber hereby unconditionally and irrevocably indemnifies the Service Provider and agrees to hold the Service
Provider harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever arising,
suffered or incurred by the Service Provider as a result of any claim instituted against the Service Provider by third party
(or any then the Subscriber) as a result of (without limitation):
6.1.1. The Subscriber’s use of the equipment for a purpose other than that permitted and/or prescribed in terms of the
6.1.2. Any other cause, whatsoever, relating to the Agreement where the Subscriber has acted wrongfully, negligently or
failed to act when he/she/it had a legal duty to do so.