In this Agreement:
(a) “WE”, “OUR”, “US” means Clearwire Communications. (b) “YOU”, “YOUR” means the person or company named overleaf. (c) “NETWORK” means any Wireless Network System available from us that you have opted to use. (d) “SERVICES” means the Wireless Services provided by us. (e) “INSTALLATION FEE” means the once-off amount charged for connection to the Services as specified overleaf. (f) “MONTHLY CHARGE” means the amount payable for access to the network and provision of certain services as set out in the Agreement and/or detailed in overleaf. (g) “COMMENCEMENT DATE” means the date on which we connect your Wireless Equipment to the network. (h) “MINIMUM PERIOD” means the period of twelve (12) months commencing on the Commencement Date. (h) “DEPOSIT” means the amount payable with the “INSTALLATION FEE” defined in (e) above and is a refundable amount of 1 month’s “MONTHLY CHARGE” as defined in (f) above providing that the conditions of 7. ending the Agreement have been met by you.
2. Connection to the Network and provision of the Services
2.1 We will connect you to the Network and will use our reasonable endeavours to make this Network available to you throughout the term of this Agreement.
2.2 The Services may from time to time be adversely affected by factors outside our control. We shall not be liable if the services are adversely affected by such factors which may include but are not limited to: Weather conditions, obstructions such as buildings, trees, and other sources of radio interference.
3.1 Payment for the Services is due and paid in advance on a monthly basis via debit order and Value Added Tax is payable on all charges levied by us unless otherwise specified.
3.2 For any overdue payments we may charge daily interest at 2% above the current FNB Bank base lending rate as published in their offices.
3.3 The Service Charges may be increased from time to time and notification will be provided to you two months prior to this being affected.
3.4 If a debit order is not processed due to inaccurate account details supplied by the customer, or lack of funds, a processing fee of R100 will be charged.
4. Agreement Length
4.1 This Agreement shall continue for the Minimum Period and will automatically renew thereafter for a further period of twelve months and so forth unless terminated within the specified notice period prior to this time as specified in Clause 7.1 below.
5. Warranties and Liability
5.1 We shall not be liable for any defect in the Services arising out of your acts, omissions, negligence, or defaults including any failure by you to comply with our reasonable recommendations.
5.2 Likewise we shall not be liable for any claim for a loss (financial or otherwise), damage, or injury whatsoever sustained by you arising out of the provision of the services or otherwise whether such claims or actions arising from the negligent or willful acts or omissions of the service provider, its servants or agents.
5.3. In particular we shall in no way be held liable for any misuse of the Services by You by way of unsolicited mailing (“spam”), hacking, or engaging in any illegal or objectionable activities whatsoever.
6.1 We may suspend the Services if and for so long as any of the following circumstances apply:
6.1.1 if you fail to comply with any of the terms and conditions of this Agreement;
6.1.2 if you allow being done anything, which in our reasonable opinion, may have the effect of jeopardizing the Services;
6.1.3 if you fail to pay any sum due to us on the date payment is due in respect of the Services under this Agreement.
6.1.4 if in our reasonable opinion the Services are being used in a manner prejudicial to you, us, or any other user of the Network;
6.2 In addition we may suspend the Services for Network maintenance and upgrades. If the Services are suspended in this manner for a period of seventy-two (72) hours or more, we will on a pro-rata basis credit to you charges during the unavailability of the Network.
6.3 If we reinstate the Services following any suspension you may be liable for an administration fee of R150.00 plus VAT.
7. Ending the Agreement
7.1 You may end this Agreement by giving us not less than thirty (30) days’ written notice to end it prior to the anniversary date of the Agreement.
7.2 We may end this Agreement by giving notice to you with immediate effect in any of the following circumstances:
7.2.1 if you fail to remedy any breach of the terms of this Agreement within fourteen (14) days of your receiving written notice of such breach from us or if you otherwise persistently fail to comply with any of the terms of this Agreement.
7.2.2 In the case of you being declared Insolvent or bankrupt;
7.2.3 if you do or allow to be done anything that jeopardizes the operation of the Services;
7.2.4 if the operation of the Network is terminated or if the provision of the Services to us is discontinued for any reason;
7.2.5 if the result of any credit reference agency search is in our reasonable opinion considered unsatisfactory;
7.3 You may terminate this Agreement in the event of our failure to remedy any breach of this Agreement by us if we have received written notice from you of the breach and we have not remedied the breach with fourteen (14) days of our receipt of such written notice.
7.4 In the case of termination by you under Clause 7.3, you shall not be liable to pay the Cancellation Charge referred to in Clause 7.4 above.
8. Transfer of Liability
8.1 You cannot transfer your obligations to pay charges under this Agreement without our prior written permission
8.2 Nothing in this Agreement shall restrict our ability to assign or transfer our rights and obligations under this Agreement to another service provider, although we will give written notice to you should we do so.
9. Excusable events
9.1 We shall not be held liable for any breach of this Agreement if caused by an “Act of God”, war, emergency, compliance with any statutory obligations, industrial disputes, fire, lightning, flood, exceptionally severe weather, acts or omissions of persons and our bandwidth service providers for whom we are not responsible or any other cause beyond our reasonable control. For so long as these events continue, your payment obligations under this Agreement will be suspended if and to the extent that such events cause a breach of this Agreement.
10.1 Unless you purchase the equipment in full, the equipment will remain our property for the duration of this agreement, and must be immediately returned to us in working condition upon the termination of this agreement. If it shall be deemed necessary by Us to remove the equipment ourselves, You shall allow unrestricted access for this purpose and We shall not be required to prove ownership of such equipment.
10.2 If you purchase any equipment from us such equipment will be sold “Voetstoots” and ownership of the equipment will remain vested with us until we receive all costs and charges relating to such equipment from you.
11.1. It is Your responsibility to obtain any required permits, homeowner associations approvals, mortgage grantors’ permission, or to gain landlord approval for the placement of antennas and other equipment on the installation site.
11.2. Unless otherwise agreed to in writing, the point of final delivery of Service will be at the termination point of the primary Local Area Network (LAN) cable. If Service is not delivered wirelessly instead of by LAN cable, the delivery point of Service and Quality of Service will be deemed as measured or experienced on a newly-configured laptop computer supplied by us. No responsibility shall be taken for the performance of Service on Your own equipment.
12.1 You should promptly, but in any event within seven (7) days advise us in writing of any change of address or bank details. We may ask you to validate any change of details for fraud prevention purposes.
12.2 We reserve the right to modify the terms and conditions of this Agreement to comply with new legislation, statutory instruments, Government regulations, or licenses. Should any such variation take place, we will notify you in writing.
12.3 You may terminate this agreement at any time prior to your connection to the service by writing CANCELLED overleaf and faxing it to us at 044 8057131.
12.4 You shall in no way or form whatsoever resell or cause to resell any bandwidth, internet access, or any other of our products or services without our express written permission. Engaging in any such action shall entitle us to terminate your account with immediate effect.
12.5. All bandwidth, including top-ups, is not carried over and expires on the last day of every calendar month.