Terms and Conditions

Service Application and Subscriber Agreement

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. "Activation Date" shall mean the date of commencement of the services;

1.1.2. "Bandwith" shall mean the process of supplying data at the prescribed speeds measured in bits per second

1.1.3. "System" shall mean the radio interface, fixed line, or any other means by which telecommunication services are provided by TEKSYS;

1.1.4. "Services" shall mean the wireless data service providing bandwidth and data communication via the system and any other such service TEKSYS may at its option choose to make available to the Subscriber.

1.1.5. "USI" shall mean the unique subscriber identity, which identifies the subscriber to the system and allows access to the system and services.

1.1.6. "Tariff" shall mean the charges as published and amended from time to time by TEKSYS at its sole discretion;

1.1.7. "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.

1.1.8. "Monthly Port Fee" shall mean the monthly charge for being connected to the system as specified in the tariffs.

1.1.9. "Technical handover" Shall mean the date on which the solution provided has been fully installed, handed over and data traffic is being carried across the TEKSYS network

1.1.10. "Trial Period" shall mean a duration of 7 days from the service activation

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 SERVICE

2.1. TEKSYS shall allocate a USI to the Subscriber and connect the Subscriber to the system and TEKSYS shall use its best endeavors 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 agreed tariff.

2.3. The Subscriber acknowledges and agrees that TEKSYS can only guarantee the service if the other telecommunication equipment, including but not limited to telephone sets, modems, radios, routers, switches and hubs, connected to the system is approved by TEKSYS.

3. PAYMENT

3.1. TEKSYS reserves the right to require a deposit from the Subscriber before activation of the service or extending the service. Such deposit may be detained and appropriated in whole or in part by TEKSYS at its sole and absolute discretion towards payment of any sums whatsoever due to TEKSYS by the Subscriber.

3.2. TEKSYS will invoice Subscriber every month between the 20th and the 25th and the Subscriber agrees to pay TEKSYS all invoiced charges for services within 10 (ten) days of the date of invoice and payments shall be made by means of debit order or means agreed to by TEKSYS.

3.3. Subscriber further agrees and accepts that the service will automatically be suspended on nonpayment of any monies due.

3.4. The Subscriber agrees that payment shall only have been made to TEKSYS when the monies remitted by the Subscriber have been received into TEKSYS’s bank account and that TEKSYS requires a 24 hour administration period to re-activate the service.

3.5. Subject to clause 7 hereunder the Subscriber shall be liable for all charges for the service provided to the Subscriber whether the Subscriber uses the services or not.

3.6. The Subscriber shall not be entitled to claim any deduction, set off, exchange or counterclaim howsoever arising in respect of goods supplied and/or services rendered.

3.7. The subscriber will be liable for all fees incurred with respect to the following

3.7.1. Unpaid or Rejected debit order

3.7.2. Redirected debit order

3.7.3. No debit order signed

4. DURATION

4.1. Should the 7 day trial period expire, the contract will automatically proceed as in point 4.2.

4.2. Subject at all times to the provisions of clause 9 (termination clause), this Agreement shall commence on the Activation Date. The duration of this Agreement will be a period of 24 (TWENTY FOUR) months as from the Activation Date and will thereafter be automatically renewed every 12 (Twelve) months, unless the User notifies TEKSYS in writing of its intention to terminate this Agreement 30 days prior to the termination of the 12 (TWELVE) month period.

5. INSTALLATION OF EQUIPMENT

5.1. The Subscriber shall allow TEKSYS or its approved representative to carry out such work at the Subscriber’s premises as is necessary to effect implementation of the service and indemnifies, TEKSYS, 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. TEKSYS shall not in any matter whatsoever be liable for the acts or omissions of whatever nature of its approved representatives / agents or any other party.

5.2. Nothing in the Agreement confers, or shall be deemed to confer, on the Subscriber any rights in, or license to use, any intellectual property of TEKSYS. The Subscriber shall make no copies of manuals, documentation, computer programs etc. without the prior written consent of TEKSYS.

6. LIMITATION OF LIABILITY

6.1. TEKSYS gives no warranties, representations, guarantees or undertakings express or implied, concerning the equipment and/or the services.

6.2. TEKSYS shall not be liable whether in contract or delict or otherwise for any loss or damage (whether direct, indirect, consequential, financial or otherwise) caused to the Subscriber though any breach of this agreement by TEKSYS or any matters arising under it or any defect, failure or suspension in the service, the system or the Subscriber equipment or any change in the Subscriber's service(s), phone system(s) or phone number(s).

6.3. The Subscriber acknowledges and agrees that the service quality and coverage available to the Subscriber shall be limited to that provided by the data, fixed line, wireless or ISP, Network Providers and the services may from time to time be adversely affected by physical features as well as atmospheric conditions and other causes of interference.

6.4. The service provided by TEKSYS expressly excludes problems caused by: any misuse or unauthorized tampering with hardware or software; electrical malfunction; any misuse, willful 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, TEKSYS 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.

7. USE OF THE SERVICE, STATUTORY AND REGULATORY PROVISIONS AND SUBSCRIBER APPARATUS

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:

7.1. Comply with any instructions issued by TEKSYS which concern the Subscriber’s use of the services or connected matters; and

7.2. Provide TEKSYS with all such necessary information that TEKSYS may reasonably require; and

7.3. Only use apparatus which is approved for use with the system by TEKSYS in writing.

8. TERMINATION

8.1. TEKSYS may terminate this Agreement by notice if;

8.1.1. Any license to operate or use the system is revoked, terminated or modified for any reason either in whole or in part; or

8.1.2. 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 TEKSYS; or

8.3 TEKSYS may claim for full settlement of the contract term from the subscriber, should the subscriber terminate the agreement before the full term of the agreement has expired

9. VARIATION OF TARIFF

TEKSYS may vary all or any of the tariffs of this Agreement by publishing the amended tariffs, such variation to take effect after 30 (thirty) days written notice.

10. NOTICES

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.

11. FULL AGREEMENT

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.

12. CESSION

The subscriber hereby agrees that TEKSYS shall be entitled to cede its rights in terms of the cession as security for any third party in respect of borrowings or other liabilities of TEKSYS and that, in such event:

12.1 such third party shall be entitled to enforce all the rights in terms of the cession as if it were TEKSYS;

12.2 Upon such rights being enforced; the indebtedness of the subscriber to TEKSYS in terms of this agreement shall be reduced by an amount equal to the rights taken over by such third party. The subscriber hereby consents to any splitting of claims which may arise as a result of a cession of its rights.