1. TERMS & CONDITIONS
1. INTERPRETATION
1.1 To the extent that the Agreement or any goods and services provided under the agreement Documents are governed by the Consumer Protection Act, and therefore all provisions of the Agreement must be treated as qualified, to the extent to ensure that the applicable provisions of the Consumer Protection Act are complied with.
1.2 "Agreement" these terms and conditions as read together with the schedule on the face hereof.
1.3 In this agreement, clause headings are for convenience and shall not be used in its interpretation.
1.4 "Call Tariff" the tariffs charged by Firmlinx in respect of local, national, international, and mobile calls made constitute part of the services.
1.5 "Effective Date" the date on which Firmlinx accepts the contract conditions and signs the subscriber agreement.
1.6 "Group" is Firmlinx (Pty) Ltd, with registration number 2010/016196/07, Firmlinx Lowveld (Pty) Ltd, with registration number 2017/075596/07, and Vivid Data (Pty) Ltd, with registration number 2013/188285/07, including their subsidiaries, partners, resellers, and agents selling products and services.
1.7 "Network Operations" refer to Openserve, Vodacom, MTN, DFA, ECN or Telkom and/or other data and voice carriers that the Group directly or indirectly interconnects with.
1.8 "Network" is the internet or telecommunications network operated by the Network Operators.
1.9 "Pop site" means utilizing the subscriber's site to install equipment to upgrade connectivity to the benefit of the subscriber.
1.10 "Services" any items or services of whatsoever nature which are selected and agreed upon on the face hereof and on the attached Subscriber Agreement/s and any ancillary services related thereto, which services are provided subject to the service level agreement entered between the parties.
1.11 "Subscriber" the Company, Close Corporation, Firm, Partnership, Persons, or any Legal Entity contracting to receive the services from the Group in terms of this Agreement or on an ad-hoc / once-off basis.
1.12 "Subscriber Agreement/s" means the Group's Subscriber Agreement with the services selected by the subscriber.
1.13 "Goods" any items or services of whatsoever nature that are supplied to the customer in terms of this agreement.
1.14 Unless the context clearly indicates a contrary intention, an expression which denotes Vivid Data includes Firmlinx and Firmlinx Lowveld.
1.15 Any Amendments, Changes, Notices, Quotes, Requests, and/or Cancellations must be given/requested in writing. No verbal instructions will be accepted.
2. APPOINTMENT AND TERM
2.1 With effect from the date of acceptance hereof by the Group, the subscriber appoints the Group to provide the services referred to in clause 3 below to the Subscriber in accordance with provisions hereof.
2.2 The Subscriber agrees to be bound by the provisions contained in this Subscriber Agreement.
2.3 This agreement shall become binding on the effective date.
2.4 Termination of the agreement does not relieve the Subscriber of the liability to pay charges for all and data usage used by the Subscriber up until the services are disconnected by the Group.
2.5 Upon expiry of the fixed term agreement the parties agree that the agreement will continue on a month-to-month basis for an indefinite period terminable by either party with 90 days written notice.
2.6 If this Agreement is cancelled for any reason, including but not limited to situations where this Agreement is cancelled before the end of the initial Contract Period, then the Subscriber will be required to pay the Group all amounts which are unpaid and which are payable by the Subscriber in terms of this agreement up to the date this Agreement ends.
2.7 CANCELLATION CHARGES: these charges will include and be in addition to other applicable charges which may arise, namely all monthly service charges that you should have paid the Group for the rest of the months of the initial Contract Period or renewal period ("Early cancellation charges").
3. THE "GROUP" SERVICES
3.1 The "services" are to include the routing of voice and data traffic over the Network, IT Support, Website design, Hosting, All Hardware and Software supplies, Cabling, Telephone Systems, Cloud Solutions, CCTV and related services listed on our website.
3.2 The Group will credit vet prospective customers.
3.3 The Subscriber agrees that if, for any reason, the agreements between the Network Operators and the Group are terminated, all of the rights and obligations of the Group in terms of this agreement may be assigned to any third-party service provider.
3.4 The Subscriber shall be obliged to inform the Group in writing of any technical changes, personal changes, and/or contract detail changes that may affect the operation of the services.
4. PURCHASE PRICE, PAYMENT & CONDITIONS OF SALE
4.1 Value added tax at the applicable rate on all variable charges and services.
4.2 The charges payable by the Subscriber to the Group for the provision of facilitation of the services shall be stipulated in a notice or applicable call Tariff plan issued by the Group from time to time.
4.3 The Subscriber agrees that the Group shall be entitled from time to time to increase or vary the charges payable by the Subscriber to the Group for the services.
4.4 The Group's monthly statement of charges shall be adequate proof of the amounts owed by the Subscriber in terms thereof.
4.5 A once-off penalty fee will be charged for late payment on all overdue accounts.
4.6 A re-connection fee will be charged for accounts suspended due to being in arrears.
4.7 Accounts that are overdue for more than 60 days will be handed over to our legal advisors, after which legal steps will be taken.
4.8 All goods remain the property of the Group until paid for in full.
5. RISK AND LIABILITY
5.1 The Subscriber shall allow the Group or its nominees to the Subscribers' premises, with prior notification, to install, maintain, inspect, replace or remove the services.
5.2 The Group undertakes that the services rendered will be provided and maintained during the contract period subject to the service level agreement entered between the parties.
5.3 The Subscriber shall have no claim arising against the Group for the loss of data for any reason.
6. BREACH
6.1 In the event that either party does not comply with the obligation under this Agreement and the other party does not correct the failure to comply after receiving a notice requesting the other party to comply within 20 (twenty) business days, then the other party may immediately terminate this Agreement.
6.2 The Subscriber shall repay the Group on demand all costs which the Group incurs as a result of the Subscriber's failure to comply with the terms and conditions of this Agreement or any termination hereof, which may include:
- 6.3 costs in connection with tracing you
- 6.4 all legal costs on the attorney-client scale
- 6.5 Collection commissions that may legally be recovered from you by the Group's attorneys or collection agents on amounts collected.
7. DOMICILIUM AND GENERAL
7.1 The subscriber agrees that the physical address contained on the face of the subscriber agreement shall be its domicilium citandi et executandi.
7.2 This Subscriber Agreement consists of the sole record of the agreement between the parties regarding the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein, and in the Subscriber Agreement/s or reduced to writing and signed by the parties or their representatives.
7.3 This Subscriber Agreement shall in all respect be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection with this Agreement and the signed Subscriber Agreement/s shall be determined in accordance with such laws.
7.4 Should any provision of this Subscriber Agreement be rendered unlawful then that unlawful provision only shall be invalid, without affecting or invalidating any of the remaining provisions of this Subscriber Agreement, which shall continue to be in full force and effect.
8. FORCE MAJEURE (ACTS OF GOD OR ACTS BEYOND THE CONTROL OF THE SUPPLIER)
8.1 If the Group is prevented from or restricted directly or indirectly from carrying on all or any of its obligations under this Subscriber Agreement and the signed Subscriber Agreement/s due to any reason or cause beyond the control of the Group or by reason of force majeure, the Group shall be relieved of its obligations in term of this Subscriber Agreement and the relevant signed Subscriber Agreement/s during such period.
9. FIBRE, ETHERNET EXPRESS AND DIGINET TERMS & CONDITIONS.
9.1 The service will be subject to the provisions of the Electronic Communications Act, 36 of 2005 (the Act), the Group's ECS & ECNS License conditions.
9.2 These services cannot be downgraded, only upgraded.
9.3 The Group service term consists of an initial term rental period and 6 (six) months written notice of discontinuance is required if line needs to be moved to another premises or client.
9.4 The subscriber takes note of the fact that it will only be leasing the IP addresses allocated to it from the Group and that the IP addresses will be returned to the Group if its IPC services are to be cancelled, or if addresses are being mismanaged by the subscriber.
10. ASSESSMENT FEE AND WORKSHOP
10.1 A standard Assessment fee will be charged on all items booked into the workshop for assessment. A quote for the repair of the goods booked in will be submitted. Should the customer accept the repair quote the assessment fee will be void. Labor will be billed in 30min segments.
10.2 Should the customer decline the quote the assessment fee must be paid and goods / equipment will only be returned once the subscriber paid in full.
10.3 All goods booked into the workshop for whatsoever reason will be quoted on and a technical report will be provided to the subscriber. Should we not receive feedback from the subscriber in 30 days a notification will be sent out of our intention to recycle the goods received. If no response is received in 5 working days we will take it as approval for the recycling of all goods received.
11. ACCEPTABLE USE POLICY (AUP)
11.1 What is an AUP? An AUP is a policy which sets out the rules applicable to the use of our services. Most of these relate to legal requirements, but we also need to ensure that our network and customers are kept safe and secure.
11.2 Agreement to this AUP You agree that you will only use our services in a manner consistent with this AUP and that your failure to do may be grounds for us to suspend or discontinue service provision.
- 11.3 Unacceptable use includes any criminal, illegal or unlawful act.
- 11.4 Any use which intentionally interferes with our ability to provide our services in any respect.
- 11.5 The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
11.6 Reporting unacceptable use: Please report any use of our services in contravention of this AUP to info@firmlinx.co.za.