These Terms and Conditions, together with any Application Forms, Schedules and/or Annexures, constitute the entire agreement (“The Agreement”) between you (“The Customer”) and Web Connection (Pty) Ltd (“Web Connection”), Reg. Number: 2015/341632/07, Vat number: 4220272019.
The Agreement shall commence on the date that the order is processed through the Web Connection “Client Zone”, and shall, unless otherwise provided for, remain in force unless and until terminated in accordance with the provisions of this Agreement.
It is recorded herein that the Internet Services provided by Web Connection for access to the Internet shall be subject to the terms and conditions as set out in this Agreement and furthermore subject to the Fibre Network Operator (FNO) standard conditions, as amended from time to time, which is incorporated herein. The Customer shall obtain a copy of such terms and conditions, which is available upon request.
Web Connection will do all things reasonably necessary to provide and maintain a best-effort continuous Internet access Service and use to the Customer, but cannot guarantee a continuous uninterrupted Service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure. No Service level agreement is associated with the Service/s provided by Web Connection.
A customer who signs the Agreement on behalf of a Company, Close Corporation or Trust, hereby binds himself/herself as surety and co-principal debtor jointly and severally with the Company, Close Corporation or Trust (“the Debtor”) for the due performance by the Debtor of all its obligations to Web Connection arising from any cause whatsoever and whether presently due, owing and payable or becoming due, owing and payable in the future.
Web Connection shall not be liable in terms of the Agreement in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or any third party which arises out of or is pursuant to any negligent act or omission of Web Connection or its consultants/employees due to boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, and work stoppages, however not limited thereto. Nevertheless, the Customer shall not withhold payment in these circumstances. The Customer acknowledges that the Services are used at own risk. Web Connection will not be liable in delict, contract, and warranty or otherwise for any consequential or direct damage suffered by the Customer or third party;
- Resulting from the Customer’s or third party’s access to and use of the Services, hacking, unauthorized interference with data, loss of business information or data, distributing technology to counter security, virus or other malicious service attacks, Spam, errors or any other online infringements.
- Which arises out of or is pursuant to any failure to provide continuous access to the Services, or is pursuant to any negligent act or omission of Web Connection or its consultants/employees or is pursuant to any gross negligent or willful act or omission of Web Connection or its consultants/employees.
- Resulting from material, which may be accessible through use of and access to the Internet Services, and the Customer’s access to, assimilation of, and distribution of all and any material accessed via the Internet, is at the Customer’s sole risk.
- Resulting from the Customer’s or third party’s use of the Internet for unlawful purposes, including but not limited to, fraudulent activities, child pornography or other obscene material.
Web Connection acknowledges that every individual has the right to privacy and undertakes to keep such information private and confidential, however Web Connection may be forced to disclose information to a Court of Law.
Any individual who feels that another person has incriminated him/her, may report the activity to the nearest Police station.
Web Connection reserves the right to monitor user and network traffic for site security purposes and reserves the right in sole discretion to remove information or data that is deemed to be offensive, indecent, or otherwise objectionable.
The parties irrevocably consent to the jurisdiction of the Magistrates Courts for matters arising from or in connection with the Agreement, provided that Web Connection may institute proceedings claiming relief, whether interim, permanent, urgent or not, from any Court in South Africa with jurisdiction to hear and determine the matter.
This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.
The Service/s rendered by Web Connection shall be capable of change or variation by the Customer by way of Online Account Management through the “Client Zone” or by email, however Service/s shall not be capable of change or variation by way of telephone. Any variation of or addition to this Agreement will be not be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.
Web Connection reserves the right to remove any content hosted by them which it considers illegal or for which it has received a take-down notice from the relevant authority. Furthermore, Web Connection reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions or any other contractual obligations.
Web Connection nominate ISPA as my agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act
|Internet Service Providers’ Association (ISPA)
|Address: P.O. Box 518, Noordwyk, 1687
|Telephone: 010 500 1200 Email: firstname.lastname@example.org
In the event that the Customer commits a breach of the terms and conditions of the Agreement and fails to remedy such breach within 7 (SEVEN) calendar days after receiving notice from Web Connection, to do so, Web Connection may without prejudice to any other remedies which they may have in terms of the Agreement or at law, be entitled to terminate the Agreement by written notice to the Customer.
Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other.
No indulgence, waiver, leniency or extension of a right, which the Customer may have in terms of this Agreement, shall in any way prejudice Web Connection, or preclude Web Connection from exercising any of the rights that it has derived from this Agreement, and shall not be construed as a waiver of that right.
In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. Web Connection reserves the right to amend these standard conditions from time to time.