LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS I/We agree to the Standard Terms and Conditions attached overleaf as amended from time to time. I/We understand that MYWIFI INSTALLATIONS reserves the right to take ownership of any domain cancelled and not transferred to another ISP. I/we hereby confirm that above-mentioned installation and/or billing address shall be my/our Domicilium citandi et executandi. Authorised Signature Date PAYMENT OPTIONS CASH / EFT INSTALLATION R R DATA PACKAGE R R OTHER R R 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected] LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS TOTAL R R The above amount is to be paid prior to installation. Total Per Month Charge, payable before 1st of every month R 0, Charges to be paid by means of one of the following methods: (Please tick appropriate block) Electronic transfer Cash Authorised Signature Client to transfer full amount due within the required period as outlined by the agreement and paid into the following Bank Account: LBJ Groenewald t/a Mywifi Installations, Fnb, branch no 250655, account number 62029406031 All amounts to be paid in cash. Date MYWIFI Terms and Conditions 1. MYWIFI INSTALLATIONS Definitions 1.1 “Activation Date” means the date on which MYWIFI INSTALLATIONS will give the client access to and/or enable the client to use a product or service; 1.2 “Acceptance Date” means the date on which the client accepted the Agreement, in writing or by way of electronic medium or telephonic acceptance; 1.3 “Agreement” means the agreement concluded between the client and MYWIFI INSTALLATIONS in respect of the product or service contemplated in the Application Form which agreement will be exclusively governed by these general terms and conditions and the product specific terms and conditions applicable to the relevant product or service ("Product Terms and Conditions") read together with the Application Form; 1.4 Legal Notices Information provided on Website 1.5 “MYWIFI INSTALLATIONS”, means LBJ GROENEWALD trading as MYWIFI INSTALLATIONS 2. MYWIFI INSTALLATIONS Commencement, Duration and Termination 2.1. In particular, month to month agreements may be terminated by either MYWIFI INSTALLATIONS or the Client on one calendar months’ notice, save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. 2.4 Notwithstanding the termination of the Agreement, in the event that the Client continue to use the products or services despite the termination of the Agreement, the Client will remain liable for and 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected] LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS promptly pay on demand all amounts that would have been due to MYWIFI INSTALLATIONS as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to MYWIFI INSTALLATIONS have been paid in full. 3. OWNERSHIP of CONTRACT is not transferrable. 4. MYWIFI INSTALLATIONS Conditions of Access 4.1 MYWIFI INSTALLATIONS will, unless it declines to activate the service, make the service available to the Client on the Activation Date. 4.2 MYWIFI INSTALLATIONS will, where relevant, issue access to systems required to support the Clients Activation Date in order to enable you to gain access to and/or use the products and service. 4.3 The Client may be issued with web site control panel access for the purposes of checking data usage. 4.4 The Client agree that: 4.4.1 the Client will use the user name and password for your own personal use only; 4.4.2 the Client will not disclose the user name and password to any other person for any reason whatsoever and that the client will maintain the confidentiality thereof; 4.4.3 in the event that the Client password or access is compromised, the Client will immediately notify MYWIFI INSTALLATIONS and change your password; 4.4.4 the Client are solely responsible for all payments in respect of a service charged to the Clients MYWIFI INSTALLATIONS account, irrespective of whet MYWIFI INSTALLATIONS her the service has been utilized or is being utilized by the Client or not and accordingly the entire amount outstanding on the Clients 4.4.5 the Client will not attempt to circumvent MYWIFI INSTALLATIONS s authentication processes or engage in malicious attempts to access MYWIFI INSTALLATIONS’ network where not expressly authorised to do so. 5. MYWIFI INSTALLATIONS Service Delivery and Availability 5.1 MYWIFI INSTALLATIONS will make all its services and products available to the Client in accordance with the provisions of its Regulatory Code of Conduct and Service Charter, which are available on the MYWIFI INSTALLATIONS Website under Legal Agreements and Services, and on request. 5.2 MYWIFI INSTALLATIONS will use reasonable endeavors to make its services available to its Subscribers, and to maintain the availability thereof for use by its subscribers. MYWIFI INSTALLATIONS will provide the services as is and as available and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to the Clients delivery timeline requirements. 5.3 MYWIFI INSTALLATIONS will use its best endeavours to notify the Client in advance of any maintenance and repairs which may result in the unavailability of a service, but no guarantees can be provided of the notifications systems being error free. 6 MYWIFI INSTALLATIONS Data Retention 6.1 MYWIFI INSTALLATIONS will use reasonable endeavors to ensure the safekeeping of any data or content which the Client may receive or upload to MYWIFI INSTALLATIONS servers or data centre infrastructure from, information such as but not limited to, websites, data and e-mail messages referred to as the Clients data. The client is responsible for data retention and backups: 6.1.1 MYWIFI INSTALLATIONS will not be liable for any direct or indirect loss or damages of any kind, which you may suffer as a result of the loss of Client data, or any part thereof, for any reason whatsoever; and 6.2 SPAMMING AND VIRUSSES Virus protection needs to be up to date. Spamming is not allowed. You will be disconnected from the Wifi Network immediately upon receiving a report from our control centre, if your computer is spamming or blocking the wifi network. 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected] LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS 7. MYWIFI INSTALLATIONS Complaints Handling and Dispute Resolution 7.1 The Client agree that MYWIFI INSTALLATIONS may send communications regarding product offers or discounts which MYWIFI INSTALLATIONS offer to its Clients when new services or products are launched. All communications will follow the industry Privacy Policy and applicable laws. The Client will always be entitled to notify MYWIFI INSTALLATIONS in writing or verbally not to not receive or continue to receive such communications, to pre-emptively block the receipt of such communications. 7.2 Any complaints may be submitted to [email protected] or telephonically to 0824579215 7.3 MYWIFI INSTALLATIONS will acknowledge receipt of your complaint within 2 (two) working days of receipt thereof. 8. MYWIFI INSTALLATIONS Agreement Payments and Billing 8.1 If the prepaid data is not paid before the 1st of every month, MyWifi has the right to suspend the Clients access to the service or the use of any product without notice to the Client until such time as the outstanding amount has been paid in full; 9. EQUIPMENT BECOMES YOUR PROPERTY AS YOU PAY FOR IT BEFORE INSTALLATION. 10. THERE IS NO WARRANTY/GUARANTEE FOR LIGHTNING DAMAGE. SIGNATURE……………… 11. MYWIFI INSTALLATIONS Securities and Privacy 11.1 MYWIFI INSTALLATIONS will be entitled to any action whatever may be deemed necessary and reasonable to preserve the security and reliability of its network and data centre’s. 11.2 The Client may not utilize any service in any manner which may compromise the security of MYWIFI INSTALLATIONS 's network, any network connected to MYWIFI INSTALLATIONS’s network, or tamper with any network and data centre services in any manner whatsoever. 11.3 MYWIFI INSTALLATIONS will take the necessary steps to secure user information and payment information. 11.4 MYWIFI INSTALLATIONS will deal with the Client personal information in accordance with the provisions of our “MYWIFI INSTALLATIONS Privacy Policy” which is available on request. 12. MYWIFI INSTALLATIONS Acceptable ISP and Networking Usage Policy The Client hereby agrees to adhere to the generally acceptable ISP, Internet, e-mail etiquette and networking usage. In this regard it will be expected to have familiarized yourself with the fair usage policy from MYWIFI INSTALLATIONS. Information can be found at www.mywifi-isp.co.za. 13. MYWIFI INSTALLATIONS Emergency Calls MYWIFI INSTALLATIONS does not provide any emergency service in relation to Networking or telecommunication services. Office hours are 7h00 until 17h00 from Monday to Friday and service calls can be placed within those hours. Service Level Agreement is also available should you require service 24 hours per day. This will be at extra charge. 16 MYWIFI INSTALLATIONS Breach 16.1 Subject to any other provisions set out in these general terms and conditions or the Product and services Terms and without prejudice to any of these provisions, should the Client be in breach of any provision of this Agreement, then MYWIFI INSTALLATIONS shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith: 16.1.1 suspend the Clients access to a service; 16.1.2 afford the Client a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or 16.1.3 cancel all agreements concluded between the Client and MYWIFI INSTALLATIONS; or 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected] LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS 16.1.4 claim immediate payment of all the Client obligations in terms hereof. MYWIFI INSTALLATIONS 16.2 Should MYWIFI INSTALLATIONS suspend, disconnect or terminate the Client service, MYWIFI INSTALLATIONS will be entitled to, charge the Client a re-connection services or product fee. 17. MYWIFI INSTALLATIONS Indemnities 17.1 The Client hereby irrevocably and unconditionally indemnify MYWIFI INSTALLATIONS and agree to indemnify and hold MYWIFI INSTALLATIONS not responsible against all, damages, loss, claims, liability and costs, of whatsoever nature, howsoever arising, suffered or incurred by MYWIFI INSTALLATIONS as a result of any claim instituted against MYWIFI INSTALLATIONS by a third party other than the Client as a result of without limitation: 18. MYWIFI INSTALLATIONS Limitations of Liabilities 18.1 Save to the extent otherwise provided for in this Agreement or where the Client are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, MYWIFI INSTALLATIONS do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any MYWIFI INSTALLATIONS products or services. 18.2 Without limiting the generality of the provisions of clause 18.3, MYWIFI INSTALLATIONS shall not be liable for and The Client will have no claim of whatsoever nature against MYWIFI INSTALLATIONS as a result of 18.2.1 the Clients use of the products and services user id’s and password which the Client acknowledge and are not obliged to use and have voluntarily elected to make use of; 18.2.2 the loss of or access to any usernames, passwords or security information which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that the Client are the person so using or gaining access to any service or account where the Client username, password or security information is used; 18.2.3 any unavailability of, or interruption in the service due to an product or services Uncontrolled Event; 18.2.4 any damage, loss, cost or claim which the Client may suffer or incur arising from any suspension or termination of the product and service for any reason contemplated in the Agreement. MYWIFI INSTALLATIONS reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed MYWIFI INSTALLATIONs Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the Client’s obligation to visit the MYWIFI INSTALLATIONS web site on a regular basis in order to determine whether any amendments have been made. The Client agree that any notices we send to the Client in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law. The physical address where MYWIFI INSTALLATIONS will receive legal service of documents is the following: LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 Phone number 0824579215, fax 0865027467 [email protected] Postal Address: PO Box 6180 Polokwane North, 0750 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected] LBJ GROENEWALD TRADING AS MYWIFI INSTALLATIONS SUPPLIER OF WIRELESS NETWORK SOLUTIONS Support Contacts: Phone Number: 0824579215, Fax Number: 0865027467 Application Forms and Support Fax : 0865027467 I hereby confirm that I agree to the conditions Signed at Polokwane on _____________________(date) SIGNATURE 59 PRESIDENT PAUL KRUGER ST, POLOKWANE, 0699 TEL 0824579215 EMAIL: [email protected]
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