Wireless Internet Terms and Conditions
1.1 These terms and conditions (hereinafter referred to as ”this agreement”) shall, when read together with the debit order application form and any schedule thereto, constitute the whole of the agreement between BDC Wireless Solutions and the Client.
The charge for the Client’s entitlement to make use of the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Client to BDC Wireless Solutions.
BDC Wireless Solutions reserves the right to adjust service charges at their sole discretion. Existing Clients will receive one month’s notice relating to price adjustments.
The agreement shall continue indefinitely and shall be terminable on the expiry of one calendar month written notice given by either party to the other.
1.4 Client’s Obligations and Acceptable Use Policy (AUP)
The Client may not at any time use the service in contravention of any South African law. In particular, the Client undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time, which has any bearing on the service and/or its use. BDC Wireless Solutions has no obligation to assist the Client in this regard.
BDC Wireless Solutions will not tolerate bandwidth abuse on “uncapped” or “uncapped lite” services, after the Client has reached the acceptable usage threshold of 250GB on an “uncapped” service and 100GB on an “uncapped lite” service up- and downstream combined, Internet Traffic will be shaped.
BDC Wireless Solutions reserves the right to shape bandwidth usage at their sole discretion.
BDC Wireless Solutions reserves the right, to take necessary steps, to prevent improper or excessive usage. This action includes, but not limited to: limiting throughput; preventing or limiting service through specific ports or communication protocols; and a complete termination of service to customers with improper or excessive usage. This policy applies to and will be enforced for intended and unintended prohibited usage (e.g., viruses, worms, generating of spam, malicious code or otherwise unknown causes). Online activity will be subject to the available bandwidth, data storage and other limitations of our upstream providers access service.
BDC Wireless Solutions reserves the right to shape bandwith usage at their sole discretion.
BDC Wireless Solutions does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose.
BDC Wireless Solutions does not warrant or guarantee that the information transmitted by and/or available to the Client by way of the service Will be preserved or sustained in its entirety;Will be suitable for any purpose;Will be free of inaccuracies or defects or bugs or viruses of any kind, and BDC Wireless Solutions assumes no liability, responsibility or obligations in regard to any of the foregoing exclusions.
Customer premises equipment and any other equipment used to complete an installation remains the property of BDC Wireless Solutions until fully paid for. When fully paid for the equipment becomes the property of the client and carries a 12 month guarantee from date of installation which will exclude damage caused by any power, lightning or physical damage.
1.6 Exclusion of Liability
Except as otherwise expressly provided herein to the contrary, BDC Wireless Solutions shall not be liable to the Client or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings).
The Client hereby indemnifies BDC Wireless Solutions against and holds BDC Wireless Solutions harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.
1.7 Support and Maintenance
The client is not entitled to any free computer support and/or maintenance. Any alternative computer support and/or maintenance will be charge for at normal rates.
BDC Wireless Solutions can not be held liable for any damage to computer equipment during and after installation.
The client will be liable for payment of Antenna Installation 24 Hours prior to installation and pro-rata subscription within 24 hours after installation. Thereafter payment must be made in advance before the 5th of every month. If the client does not comply with this agreement, his/her service will be suspended and a R150-00 reconnection fee will be charged.