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1.1 The customer accepts these terms and conditions and will become binding on date of signature of this agreement
1.2 The Service Agreement will be for a period of 12 months / 24 months or / on a month to month basis from the date that the service is installed at the customer premises.
1.3 Once an order has been confirmed, the contract is binding and in case of cancellation, there will be a cancellation fee penalty.
2 Payment Terms
2.1 The Fees shall be paid free of deduction or set-off, are invoiced monthly in advance and are due within 5 (five) days from date of invoice.
2.2 BDC Wireless Solutions reserves the right to immediately suspend the provision of services in the event that the customer not comply with the payment terms as set out herein.
2.3 BDC Wireless Solutions reserves the right to refuse the supply of new services and or call-outs until all outstanding amounts are received
2.4 Our preferred method of payment is by means of a monthly debit order. If the customer prefers to pay by means of EFT, it will be the responsibility of the costumer to use the correct beneficiary reference as indicated on the invoice. The use of incorrect beneficiary reference will result in incorrect allocations which may result in the suspension of services due to non-payment.
2.5 BDC Wireless Solutions will not be liable to give credit to the customer for Fibre downtime caused by maintenance on fibre lines, break in connection, power failures, slow speeds, load shedding or any reason related to third party providers.
2.6 Rates and Price Variations: We reserve the right to vary prices and rates in the event of changes in exchange rates or price rises made by the infrastructure provider. Existing customers will be notified 30 days in advance.
2.7 Billing will commence from the day the fibre infrastructure has been installed on your property.
3 Equipment and service
3.1 Installation charges for the FTTH or FTTB includes a free to use management router, but not Wireless router. The equipment remains the property of BDC Wireless Solutions.
3.2 If you have been given a free and or discounted installation charge/router and you cancel the service before the end of the contract period, you will be required to pay the full price for the installation/router. The free to use router need to be returned on termination date of the service.
3.3 Additional hardware required for the customer’s home and or business network will be charged separately.
3.4 Cancellation of service can only be done via e-mail, fax or hand delivered letter and the customer must provide BDC Wireless Solutions with one full calendar months’ notice.
3.5 BDC Wireless Solutions will provide the services “as is” and “as available” and do not warrant or guarantee that the service will at all times be free of errors or interruptions.
3.6 BDC Wireless Solutions will use its best endeavours to notify the customer in advance of any maintenance and or repairs which may result in the unavailability of a service but cannot guarantee this.
3.7 BDC Wireless Solutions will manage bandwidth to the best of our ability, however it remains a best effort service on the FTTH options
3.8 BDC Wireless Solutions reserve the right to enforce a “Fair usage Policy” if it deems necessary
3.9 BDC Wireless Solutions hereby advises the customer that they use the fibre infrastructure of a third party and he customer acknowledges and accepts this fact.
4 Fair usage Policy (FUP)
4.1 Fair usage policy applies to but not limited to the following prohibited activities
4.1.1 Unlawful activities
4.1.2 Violation of intellectual property rights. The service shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, distribute or store any content/material or engage in any activity that infringes or violates the intellectual property and or privacy from any individual or entity
4.1.3 Threatening material or content. The service shall not be used to post, transmit or re-transmit any content or material that harasses or threatens the health of safety of others.
4.1.4 Inappropriate interaction with minors
4.1.5 Child pornography
4.1.6 E-mail abuse/Spam
5 BDC WIRELESS Warranties
BDC WIRELESS warrants that at all relevant times:
5.1 It will employ suitably qualified and competent persons and will have all necessary equipment, resources and facilities in the execution of this Agreement and the BDC WIRELESS Services.
5.2 It will comply with any relevant legislation in terms of end user contracts including not limited to POPI, CPA, NCA etc.
5.3 BDC Wireless Solutions does not give any warranty or guarantee of any nature in respect of the Services and or the equipment including but not limited to suitability for any intended purpose, nor that the service will be error-free, secure or uninterrupted
5.4 BDC Wireless Solutions will keep all customer related information supplied and or acquired strictly confidential and shall not use such information for any other purpose.
6 Customer Obligations
6.1 The customer agrees to use the service in accordance with the FUP conditions. Violation of the FUP conditions may result in termination of the service. If the violation is a criminal offence, BDC Wireless Solutions have the right to notify law enforcement departments.
6.2 The customer is responsible for maintaining the confidentiality of its passwords and other related sensitive information
6.3 In the event that the customer account be handed over to a collections firm, all costs incurred will be for the customer’s account.
7.1 Each Party shall keep confidential all information concerning the other Party and any of the other Party’s affiliates, subsidiaries, agents, or assigns, their business activities, customers, systems, software, network, network availability, network quality and any other related information (“Confidential Information”).
7.2 Each Party (the “disclosing Party”) may disclose the Confidential Information deemed necessary or desirable under the Agreement to the other Party. Such Confidential information shall be treated with at least commercially reasonable confidentiality and caution by the Party to whom it is disclosed (the “receiving Party”).
8.1 Without detracting from any other rights and remedies available under the Agreement or in law, on occurrence of any of the following events, a Party shall be entitled to cancel this Agreement forthwith by written notice:
8.1.1 should the other Party be in default with payment of any undisputed sum payable in terms hereof on due date and fail to remedy such breach within 7 (seven) days after receipt by the Party in default of a written request from the innocent Party to do so;
8.1.2 should the other Party commit any breach of any of its other material obligations hereunder and fail to remedy such breach within 28 (twenty eight) days after receipt by the Party in default of a written request from the innocent Party to do so;
8.1.3 should the other Party commit any Act of Insolvency or any act or omission as a result whereof its estate may be placed under sequestration/liquidation and business rescue;
8.1.4 should any judgement of any competent court be entered against a Party and that Party fail, after such Party has become aware of such judgement, within 14 (fourteen) days thereof to satisfy it in full or to apply for the rescission thereof or appeal against it.
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