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0312850786
support@broadbandinternet.org.za

Terms & Conditions

STANDARD TERMS AND CONDITIONS

THIS AGREEMENT is made between BROADBAND INTERNET SERVICES (Pty) Ltd also known as
“BROADBAND INTERNET” and the “customer” / “client”.
1. SERVICES:
BROADBAND INTERNET agrees to provide internet access and/or other Internet or Network services
to which the customer has subscribed, subject to the following terms and conditions.
2. CONTENT AND INDEMNIFICATION:
The customer acknowledges that BROADBAND INTERNET does not regulate or take any
responsibility for the content of the customer’s
websites, email or any other service rendered by BROADBAND INTERNET or for the security of
customer’s password.
BROADBAND INTERNET, with effect from the effective date, hereby grants to the customer the use
and enjoyment of its computer network
to gain entry to the Internet (“access”) or related hosting / network services on the terms and
conditions set out herein.
a. The customer hereby acknowledges receipt of such services and agrees to be bound by these
Terms & Conditions
along with BROADBAND INTERNET’s Acceptable Use Policy and all other Policies as posted on the
BROADBAND INTERNET website.
b. The customer agrees that the use and security of his/her passwords is solely their responsibility.
c. The customer agrees not to give or make available in any way his/her personal log-in ID and
password to any person
for such person’s use (“unauthorized use”) and undertakes to maintain the confidentiality of such
log-in ID and password.
d. The customer agrees that if he/she believes the security of their account has been compromised
in any way that he/she will notify BROADBAND INTERNET immediately.
e. Static IP addresses are rented to the customer by BROADBAND INTERNET monthly only and are
not necessarily a standard service unless specifically stated in the service contract.
f. The customer warrants that he/she has all rights necessary to lawfully submit any information or
materials that he/she is uploading\transmitting to or via BROADBAND INTERNET, including all
intellectual property rights.
g. The customer agrees that BROADBAND INTERNET may remove any hosted content on the
customer’s account which is considered, in
BROADBAND INTERNET’s opinion, to be of an illegal nature or for which a valid take-down notice has
been received. The customer agrees that BROADBAND INTERNET will be indemnified against any
action or liability because of these actions.
h. The customer agrees to indemnify BROADBAND INTERNET against any action brought by a third
party because of such material or information, or because of the customer’s use in any way of the
services provided by BROADBAND INTERNET.
i. The customer acknowledges that he/she has read the BROADBAND INTERNET Acceptable Use
Policy and hereby agrees to abide by and conform to all points as set out in the Acceptable Use
Policy.
3. TRADEMARKS & COPYRIGHTS:
The customer warrants that he/she has the right to use any trademarks and service marks which the
customer may choose to use in its domain name, on their website or any related product or service.
BROADBAND INTERNET cannot be held responsible in the event of a customer infringing on any
intellectual or property copyright.
4. NO WARRANTIES:
BROADBAND INTERNET makes no warranties of any kind, whether express or implied, for the
services to be provided hereunder.
a. The customer agrees that BROADBAND INTERNET shall not be liable for any losses or damages of
any kind to the customer, including but not limited to, loss that may result from service interruption,
delays in account activation, delays in general or non-deliveries no matter what the cause might be.
b. BROADBAND INTERNET makes no warranties regarding its ability to recover any lost file or
information, regardless of how or why the file / information was lost or deleted.
c. Use of the service is at the customer’s sole risk. BROADBAND INTERNET is not responsible for files
and data residing on a customer’s account.
d. The customer agrees to take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on the BROADBAND INTERNET network.
e. Under no circumstances will BROADBAND INTERNET be liable for any consequential damages or
for any delictual liability of any nature whatsoever.
f. BROADBAND INTERNET may temporarily suspend its obligations in terms of this agreement in
order to service, repair, maintain, upgrade, modify, alter, replace or improve any of BROADBAND
INTERNET’s services. Where the circumstances permit, BROADBAND INTERNET shall use its best
endeavours to provide prior notice of any such suspension to the customer. The customer shall not
be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service
nor in respect of any suspension, which is beyond BROADBAND INTERNET control.
5. BILLING POLICY:
a. The charge for a subscription to the service is a monthly fee, payable monthly in advance by the
customer to
BROADBAND INTERNET, including a pro-rata charge for the first month’s proportional billing where
relevant.
b. Invoices will be sent to the customer via electronic mail in advance of receiving services. The
customer agrees
to submit payment for all invoices upon receipt. Accounts not paid in full by the 7th of every month
are subject to immediate suspension.
c. Payment is rendered without deduction, free of exchange or set-off by way of debit order or in
such manner as determined acceptable by BROADBAND INTERNET.
d. It is a condition of activation that details of an active bank account be provided for debit order
purposes. All amounts due to BROADBAND INTERNET will be recovered from the banking source
given.
e. BROADBAND INTERNET will not be held responsible for any damages, losses, or claims because of
an account being suspended for non-payment.
f. Accounts 30 days past due are subject to cancellation which will result in the deletion of all of the
customer’s files, including but not limited to web pages, email and databases. BROADBAND
INTERNET reserves the right to withhold access for overdue accounts, while the customer shall
continue to be liable for the service until the conditions of notice of termination are fulfilled.
g. Without prejudice to rights granted to BROADBAND INTERNET in terms hereof, any amount due
by the customer to BROADBAND INTERNET not paid on due date thereof:
i. shall bear interest at a rate equal to the maximum allowable in terms of prevailing legislation,
calculated daily in advance from date payment was due until date of actual payment thereof; and
ii. should the customer fail to pay any amount owing to BROADBAND INTERNET on due date,
BROADBAND INTERNET shall be entitled, in its discretion and without prejudice to any other rights
which it may have, to cancel this agreement without notice to the customer, or to suspend
performance of its obligations pending full payment by the client.
h. BROADBAND INTERNET shall be entitled to take all such steps, without notice to the customer, as
may be necessary to recover such outstanding amount. The customer shall be liable to pay all costs
incurred in respect of the recovery of such outstanding amount.
i. BROADBAND INTERNET reserves the right to levy a charge for handling fees at an amount
determined by BROADBAND INTERNET for monies due in the event of a customer’s payment being
returned or rejected by the customer’s bankers.
j. BROADBAND INTERNET furthermore reserves the right to blacklist with any or all credit bureau
agencies within the Republic of South Africa, any such customer who fails to comply with the
payment agreement for subscription to the service. In addition, BROADBAND INTERNET will not be
held responsible or be required to assist with the removing or rescinding of any such information,
which may be recorded by a credit bureau agency.
k. The customer agrees that submission of Banking Details to BROADBAND INTERNET shall constitute
authorisation by the customer for BROADBAND INTERNET to bill the specified Bank Account for all
fees owed by the customer to BROADBAND INTERNET.
l. The customer agrees that all setup fees where applicable and monthly fees are non-refundable.
m. The customer agrees that unless he/she notifies BROADBAND INTERNET of his/her desire to
cancel any or all services received, those services will be billed on a recurring basis.
n. The signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for
the full amount due to BROADBAND INTERNET and agrees that the Standard Conditions will apply
mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.
o. BROADBAND INTERNET reserves the right to amend service subscription charges at its sole
discretion. Annual increases will be effective 1st March of each year – these will be published on the
website. In the case of any other increases
BROADBAND INTERNET shall give the customer 30 (thirty) days’ notice of any such amendment and
the customer shall be bound to such adjustments.
p. The customer shall not be entitled to any setoff, discount, refund or other credit in respect of any
suspension or interruption of or delay in service, or where in any month the client has utilised less
than any minimum bandwidth specified.
6. DEFINITION OF UNLIMITED BANDWIDTH:
The term “Unlimited” is often used within the Internet Services community to describe services of
which no hard limits or per unit pricing are imposed, but which are nonetheless governed by
limitations of fair and reasonable use, often at the discretion of the service provider. BROADBAND
INTERNET offers some services with “Unlimited” bandwidth, which bear no per unit charges, nor
hard limits, but nonetheless are governed by reasonable and fair use. This means that we will not
charge you for any bandwidth your account uses, nor will we impose any hard limits on the amount
of bandwidth that you can use, provided said use is what BROADBAND INTERNET in its sole
discretion deems to be reasonable.
If at any time BROADBAND INTERNET deems your bandwidth usage to be abusive or unreasonable
for the level of service you have purchased, or your bandwidth usage threatens to impair the quality
of other users’ service, BROADBAND INTERNET may, at its sole discretion take steps to limit the
amount of bandwidth you consume or request you to upgrade to a higher package.
Special hosting or Internet Access packages can be designed for sites or users that require higher
than normal bandwidth.
BROADBAND INTERNET will at no time attempt to collect payment for bandwidth already used by a
customer whose account grants them unlimited bandwidth, regardless of the amount BROADBAND
INTERNET does however reserve the right to charge the client for any additional bandwidth he/she
might require.
7. BROADBAND (ADSL/FIBRE/WIRELESS) SPECIFIC CONDITIONS:
a. Service Levels
i. Broadband Services are provided as best-effort services and uptime cannot be guaranteed. During
any technical failure, modification or maintenance of the service provided, BROADBAND INTERNET
will use its reasonable endeavours to resume the service as soon as possible. This excludes upstream
provider infrastructure that is not within the control of BROADBAND INTERNET.
b. Static IP’s
In order to use this product you may be required to have a router or server that can terminate an
L2TP tunnel/connection
i. Only one static IP can be linked to one active service (username)
ii. A static IP cannot be transferred from one service to another
iii. The static IP will remain active as long as the service (username) it is linked to is active, should the
service (username) it is linked to be cancelled, the static IP will automatically be deleted. Please be
aware that once the static IP is deleted it cannot be recovered, should you repurchase the service a
new static IP will be issued.
iv. Failure to pay for your static IP and linked service before the due date will result in the static IP
being deleted, once the static IP has been deleted it cannot be recovered.
vi. The BROADBAND INTERNET Technical Support Team will only assist you with the initial setup and
maintenance of your L2TP connection and BROADBAND INTERNET username on your device. Due to
privacy and security concerns, internal network configurations like natting and routing will need to
be set up and maintained by your network administrator.
vii. Static IPs are available for most monthly billed services.
c. Modems/Routers
i. A WAN enabled router will be required to connect to either a Fibre or Wireless Broadband service.
A Fibre router is required for connection to FIBRE/VDSL services. These routers are quoted and
charged for at the time of installation or may be provided by the client
ii. BROADBAND INTERNET undertake to carry the cost of one exchange or return if required,
thereafter the client will be
responsible for the delivery and collections costs.
iii. The FIRST modem includes a 1 year replacement warranty.
d. Third party Last mile providers
i. BROADBAND INTERNET makes use of third-party providers to provision services over last mile
networks where the third party is either the primary or only supplier of the relevant service.
ii. In all cases where these services are made use of, BROADBAND INTERNET is subject to the terms
and conditions of the third party. BROADBAND INTERNET will thus bind our client to the same terms
and conditions by acceptance of these terms and conditions.
iii. As an BROADBAND INTERNET client you accept that any relevant charges levied by the third-party
provider in relation to your service being provisioned on the third party’s network will be billed to
your BROADBAND INTERNET customer account and will be payable to BROADBAND INTERNET as per
BROADBAND INTERNET’s normal billing processes.
8. DOMAIN NAMES AND DOMAIN NAMES DISPUTES:
a. BROADBAND INTERNET will not be held liable for any disputes arising out of domain name
registrations or domain name hosting on behalf of the customer.
b. BROADBAND INTERNET will not be held liable for any losses or damages the customer may suffer
due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or
NIC.
c. BROADBAND INTERNET will not issue any credits for domain names where the client has
requested the wrong domain name to be registered. By submitting a domain name registration
form, the customer confirms that he/she has completed the registration form correctly and that the
domain name that he/she has entered is correct.
d. BROADBAND INTERNET reserves the right to take ownership of any domain name upon
cancellation by the customer should the client not specify any action to be taken in regards to
ownership or transfer of the domain name.
e. BROADBAND INTERNET requires 24 hours written notification via fax prior to releasing any
domain name. Where the customer
has not notified BROADBAND INTERNET of his intention to transfer or move a domain name, all
transfer requests will be declined.
f. BROADBAND INTERNET will retain the administration of the domain name in the event of the
customer’s accounts not being settled in full on termination of the service agreement.
9. CONTRACT SUSPENSION AND TERMINATION:
a. If BROADBAND INTERNET at any time reasonably believes that the customer is in breach of any of
the terms and conditions contained in this agreement or is using BROADBAND INTERNET’ services in
an unacceptable manner, BROADBAND INTERNET may, at its sole discretion, immediately suspend or
terminate the customer’s services and\or this agreement without liability.
b. BROADBAND INTERNET may terminate this contract with 1 calendar months’ notice to the
customer for any reason or for no reason.
c. The customer may terminate this contract at any time by giving BROADBAND INTERNET no less
than 1 calendar months’ written notification which must coincide with the last day of the billing
period. Written notification must be received by the last working day of the month prior to the
calendar months’ notice. For clarification this notification must be sent to
support@broadbandinternet.org.za.
d. At the time of cancellation notification, the customer shall be responsible for the entire amount of
any outstanding fees due.
e. All goods and services supplied by BROADBAND INTERNET remain the property of BROADBAND
INTERNET until such goods or services have been paid for in full. The customer is not entitled to sell
or dispose of any goods / services unpaid for without the prior written consent of BROADBAND
INTERNET.
10. LEGAL AGE/AUTHORISATION:
a. The customer certifies that he/she is of legal age in the country of his/her residence to enter into
this agreement.
b. Where acting on behalf of a Partnership, Close Corporation, PTY (Ltd), LTD or any other form of
company/legal entity, the customer hereby confirms that he/she has the full permission/authority to
act on behalf said legal entity.
11. LICENSE AGREEMENT
In terms of Section 6 of the Electronic Communications and Transactions Act (“the Act”)
BROADBAND INTERNET has designated the Internet Service Providers’ Association (ISPA) as an
reseller agent of ECS under a licence exemption.
12. AMENDMENTS:
BROADBAND INTERNET reserves the right to make amendments or changes to this agreement from
time to time. BROADBAND INTERNET shall notify all customers via e-mail when changes are made.
13. CESSION, DELEGATION OR ASSIGNMENT:
The customer shall not be entitled to cede its rights or assign its obligations in terms of this
Agreement to any third party without the prior written consent of BROADBAND INTERNET, which
consent may not be unreasonably withheld.
14. DOMICILIUM:
For all purposes, including the giving of any notice, the making of any communication and the
serving of any process,
BROADBAND INTERNET and customer respectively choose their domicilium citandi et executandi
(“domicilium”) at their respective street addresses appearing on the face hereof. Either party shall
be entitled from time to time to vary its domicilium provided that any address selected by it shall be
situate in South Africa and any such variation shall only become effective upon receipt of notice in
writing by the other party of such variation. Any notice which either party may give to the other shall
be posted by prepaid registered post or hand delivered or sent by telefax to the other party’s
domicilium.
15. LITIGATION AND ATTORNEY’S FEES:
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved
in Durban, South Africa.
The customer shall be liable to BROADBAND INTERNET for all legal expenses on the Attorney Client
scale of an Attorney and Counsel incurred by BROADBAND INTERNET in the event of (a) any default
by the customer or (b) any litigation in regard to the validity and enforceability of this agreement.
The customer will also be liable for any collection or valuation fees incurred. The customer agrees
that BROADBAND INTERNET shall not be liable to make payment of security into Court in terms of
section 62 of the
Magistrate’s Court Act, as amended. The customer hereby consents to the jurisdiction of the
Magistrates Court. The customer chooses Domicilium citandi et executandi for servicing of all
documents and processes the address entered in on the Customer Account Information form.
16. ENTIRE AGREEMENT AND SEVERABILITY:
This represents the complete agreement and understanding between BROADBAND INTERNET and
customer with respect to the subject matter herein. In the event that any term or provision of this
agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full
force and effect.
17. ACCEPTANCE OF TERMS:
Use of any BROADBAND INTERNET services constitutes acceptance of the terms and conditions
contained in this agreement and any amendments thereto as well as acceptance to BROADBAND
INTERNET’s Acceptable Use Policy.
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