Terms and Conditions
1. DEFINITIONS
1.1 The following words, which are used in this Agreement, have these meanings as set out below:
1.1.1 “Act” means the Electronic Communications Act 36 of 2005 and includes any changes that are made to the Act from time to time. This Act regulates the Telecommunications Industry and other related sectors in respect of certain services that these industries offer;
1.1.2 “Applicant” means you or any other person that has filled in and submitted the Application Form on your behalf as the Subscriber;
1.1.3 “Agreement” means these terms and conditions, which will apply to any person that has received any Goods and/or Services from us, read together with the Application Form, the transaction schedule, our training and user manual as well as any other applicable documents together with any Renewal Agreement;
1.1.4 “Application Form” means the form a person must fill in, in order to make application to us for certain Goods and Services that we may offer from time to time;
1.1.5 “Authority” means the Independent Communications Authority of South Africa established in terms of section 3 of the Independent Communications Authority of South Africa Act, 2000 and its successors who governs and oversees the
1.1.6 telecommunications and electronic communications Industry;
1.1.7 “Business Day” means a Monday to Friday, excluding Saturday and Sunday and excluding any public holiday, which is described in the Public Holiday Act, 36 of 1994;
1.1.8 “Connection date” means the date on which we connect your Goods and Services onto the Network so that you may use the Services and Goods;
1.1.9 “Charges” means the amounts charged by us in respect of the selected Services and Goods listed on the Application form. These amounts include, but are not limited to, the cost of, connection fees, call and data charges, levies, taxes and interest, if any. These charges will be set out under the Tariff;
1.1.9 “Credit referencing procedure” means the procedure that we follow to determine the creditworthiness of an Applicant;
1.1.10 “Due date” means the date on which any amounts that you owe us in respect of the Selected Services and Goods become due and payable by you, these amounts can be found on your Monthly invoice;
1.1.11 “Gift Voucher” means the vouchers issued by us, and shall in some instances be in the form of a debit card, which will entitle a Subscriber in possession of same to redeem such voucher for merchandise to the value of the Gift Voucher at those merchants that we have partnered with and in the case of a debit card voucher, at any other merchant who is willing to accept the debit card;
1.1.12 “Initial Period” means the initial period of this Agreement as described in the Application Form under the heading “contract period”. The Initial Period, will begin on the Connection date and should a period not be specified the Initial Period will be 24 months from the Connection Date;
1.1.13 “Interest rate” means the interest that we may charge you on any outstanding amounts that are due and owing by you from time to time. Interest may be charged at the rate of prime plus 2 (two) percent.
1.1.14 “Migration” means your right to change the type of Services you are receiving in terms of this Agreement. An example of this would be if you chose to move from one Tariff plan to another;
1.1.15 Good (s)” means satellite equipment, installation thereof, data devices, modems, computers or laptops, and accessories, that can be used by you to access the Network for the purpose of using the Services, together with the Tariff plan that you have selected on your Application Form, which goods and Services, as listed on the application form, we have agreed to provide to you subject to the terms and conditions of this Agreement;
1.1.16 “Satellite Operator” means a carrier service provider (CSP), wireless service provider, wireless carrier, or company that provide services for subscribers. The current service is provided by a Satellite Service Operator. Some examples of Satellite operators are Yahsat;
1.1.17 Services” means the Data communication services that we provide to you, via the Satellite Operator;
1.1.18 “Monthly invoice” means the detailed billing /invoice/statement that we will send to you on a monthly basis. The Monthly invoice will be in a computerized format, and will set out all amounts that are due and owing to us in respect of the Selected Services and / or Goods provided to you;Terms & Conditions
1.1.19 “Monthly Service Charge” means the monthly Charges that you will be charged either in advance or in arrears, in respect of the Selected Services and/or e Goods received by you in terms of this Agreement;
1.1.20 “Network” means a satellite service via the Operator, that provides multipurpose satellite solutions for broadband, broadcast, defence, and communications use means the satellite network.
1.1.21 “Office hours” means our normal business hours, as determined by us from time to time, currently being Monday to Friday, 08H30 to 17h00, but excluding public holidays in South Africa;
1.1.22 “Party /Parties” means you/Subscriber and (“us/we/our”);
1.1.23 “Personal Information” means all personal details that you provide to us, such as your identity, whereabouts, credit levels, financial status, earning capabilities, family members, likes, preferences, dislikes, and gender, that we need in order to process your application;
1.1.24 “Post–paid Account” means the fixed -term account, which is usually for a 2 (two) year period, and where you are charged in advance for the selected Services And Goods (subscription) as listed on the Application Form. This is known as the bundle of Goods and Services, which may include, rental and / or fixed charges for the Satellite services and account, usage charges per megabyte of data service used, alternatively a flat fee for Unlimited Data services;
1.1.25 “Pre-Paid Account” means an account held by us on your behalf, which when credited with data token by you, allows you to use the Services until such data time is used up. It is commonly known as pay as-you- go. If you do not have available credit, access to the requested service is denied. Users are able to top up their credit at any time using a variety of payment options, The charges as per the tariff;
1.1.26 “Regulations” means any regulations promulgated in terms of the Act or Regulations in South Africa of any Regulatory Authority, Legislation, Act, ordinance at State, Provincial or Local level which relates to the service or the goods as may be enacted from time to time;
1.1.27 “Renewal Period” means the additional period for which the Parties have renewed this Agreement, as described in the Renewal Addendum, which period will begin on the day immediately after the last day of the Initial period;
1.1.28 “Renewal Addendum” means the renewal agreement concluded by the Parties which sets out the terms that apply to the Renewal Period;
1.1.29 “Subscriber” means you;
1.1.30 “Tariff” means those tariff Charges payable by you in respect of the selected Services and Goods as listed on the application form, as determined by us from time to time, which Tariff is available to you on request;
1.1.31 “Tariff plan” means all charges, fees and subscriptions payable by you in respect of the selected Services and Goods as listed on the Application Form, you have received in terms of this Agreement;
1.1.32 “Terms and conditions” means these terms and conditions read together with the Application Form, other related documents and any Renewal agreement;
1.1.33 “VAS” means the value-added services that we offer. Some examples of these valueadded services are client based anti-virus and pin-based recharges. These services and charges applicable thereto may change from time to time in our sole discretion, with notice to you.
1.2 When reading this Agreement:
1.2.1 words that refer to the singular will also refer to the plural and vice versa;
1.2.2 words that refer to one gender will also refer to the other gender; and
1.2.3 any reference to an actual person will include a body corporate, firm or association and vice versa.
1.3 1.3. The Electronic Communications and Transactions Act, 25 of 2002 (ECTA) (“the Act”) will apply and the Parties agree that:
1.3.1 3.1 the initialling or signature of any document in terms of this Agreement, may be carried out in any manner recognised by law, including the use of an electronic signature, as defined in ECTA;
1.3.2 if anything is required to be in writing, any electronic, including an SMS, voice mail, telephonic call, exchanged between the Parties, will meet this requirement.
1.3.3 When a particular number of business days are provided for
1.3.3.1 excluding the day on which the first such event occurs;
1.3.3.2 including the day on or by which the second event is to occur; and
1.3.3.3 excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated in paragraphs 1.3.3.1 and 1.3.3.2 above.
1.3.3.4 Any reference in this Agreement to– “law” means any law of general application and includes the common law and any statute, constitution, decree, treaty, regulation, directive, ordinance, by-law, order or any other enactment or legislative measure of government (including local and provincial government) statutory or regulatory body which has the force of law; “person” means any person, company, close corporation, trust, partnership or other entity whether or not having separate legal personality; and The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
The words “shall” and “will” and “must” used in the context of any obligation or restriction imposed on a Party have the same meaning. Any substantive provision, conferring rights or imposing obligations on a Party and appearing in any of the definitions in this Clause 1 or elsewhere in this Agreement, shall be given effect to as if it were a substantive provision in the body of the Agreement.
Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this Agreement. Unless otherwise provided, defined terms appearing in this Agreement in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning. A reference to any statutory enactment shall be construed as a reference to that enactment as at the Signature Date and as amended or substituted from time to time. Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day. If the due date for performance of any obligation in terms of this Agreement is a day which is not a Business Day then (unless otherwise stipulated) the due date for performance of the relevant obligation shall be the immediately preceding Business Day. Where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention. No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to this Agreement;
The use of any expression in this Agreement covering a process available under South African law, such as winding-up, shall, if either of the Parties to this Agreement is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of such other jurisdiction. In its interpretation, the contra proferentem rule shall not apply (this agreement being the product of negotiations between the parties) nor shall this agreement be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participate in the preparation of this agreement.
The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to this Agreement.
2. Our Agreement
2.1 By completing our Application Form you have requested us to provide you with certain Goods and Services. Please note that should we accept your application and provide you with the requested Goods and Services this Agreement and its terms and conditions will apply to you.
2.2 Once we have accepted your application we will provide you with a copy of the Agreement at no cost to you.
2.3 As a Party to the Agreement you understand that the Act and its Regulations as well as any directive or tariff plan issued by us, which relates to your Selected Services and Goods, will apply to you. You will be made aware, in writing, of any applicable directive or Tariff Plan issued by us. You may also view the directives and Tariff Plans on our website. have the right to change this Agreement on occasion, and you will be reasonably notified, in writing, of any changes that we might make. These changes may also be viewed on our website.
3. YOUR PERSONAL INFORMATION
The Personal Information that we receive from you is used strictly for the purpose for which it has been collected. This means that the use of any of your Personal Information by us will be done in accordance with all applicable laws that are in force in South Africa from time to time. During the course, and for the purposes, of the Subscriber’s Agreement, the Company may from time to time need to process personal information relating to the Subscriber, which is stored or transmitted on its electronic communication systems or in hard copy. The Subscriber hereby consents to the Company processing his/her personal information, and agrees to provide the Company with all personal information relating to him/her which is reasonably required by the Company, for the provision of the Service and consents to the Company obtaining any such personal information relating to him/her from third parties including but not limited to information from any credit bureau.
4. DURATION, RENEWAL AND TERMINATION
4.1 How long does this Agreement last? The Agreement will start on the Connection date and will continue for the Initial Period.
4.2 Can the Agreement be renewed?
4.2.1 You will be advised on a monthly basis of the date on which the Initial contract will end.You agree that we may send this notification to you via your monthly bill which will in addition to the above contain the following information:
4.2.1.1 the date on which your agreement with us comes to an end;
4.2.1.2 when you are entitled to renew this agreement from;
4.2.1.3 a contact number or website address that you may make use of in order to talk to us about your renewal and to view any deals that we are offering at the time.
4.2.2 If you do not inform us of your intention to either terminate or renew this Agreement, the Agreement will continue on a month to month basis on the same terms and conditions as this Agreement, except in the event of you receiving a special discounted deal in this agreement in which case should the agreement continue month to month the discounted portion of the deal may revert to the full non-discounted amount after the initial period. Your future service charges will be charged according to the Monthly Service Charges referred to in clause 4.2.1 above.
4.3 When can the Agreement be terminated?
4.3.1 You may terminate the Agreement at any time, and for no particular reason or cause, provided that you give us at least 1 calendar months’ notice of your decision to terminate the Agreement. Your notice of termination must be in writing or any other recordable form. Should you terminate this Agreement in terms of this clause you will be charged an early cancellation fee. A month to month contract means that it may be cancelled by either party on a months’ notice.
4.3.2 We will accept your termination and terminate all Selected Services and Goods once you have paid to us the following:
4.3.2.1 all outstanding amounts owed to us by you in terms of this Agreement, this will include all amounts up to the date of termination of this Agreement;
4.3.2.2 the early cancellation fee that we charge will be calculated as follows:
4.3.2.2.1 the total value of all future monthly service fees that we would have been entitled to charge you if this Agreement had not been terminated early;
4.3.2.3 You must pay the early cancellation fee together with the amount of our final invoice to you, which will set out all outstanding amounts and the early cancellation fee, prior to us terminating this Agreement.
4.3.3 If you fail to pay any or all amounts invoiced under clauses 4.3.3.2.1 and 4.3.3.3, on the due date, we will have the right to refuse your early communication or termination request, in which case this Agreement will carry on as if no such early termination request had been made by you.
5. NETWORK SERVICES
5.1 Using the Services
5.1.1 All Services and Goods used by you on the Network must be approved by ICASA. You are also required to comply with all legislation applicable to the use of the Services and Goods and the Network, including the Act, the Regulations and any notices or directives issued by the Authority (ICASA) from time to time.
5.1.2 You may not use the Network, the Goods and the Services for any improper, immoral or unlawful purposes.
5.2 Dropped connections and unavailability of networks and discontinuation of VAS services
5.2.1 In the event of dropped connections, unavailability of networks or the discontinuation of Date: 24 August 2021 Proposal No: Q11622 Page 7 of 17 our Value-Added Services you may not:
5.2.1.1 refuse to pay any amount of money that is due and payable by you; or
5.2.1.2 deduct any monies in respect of “dropped” connections or any temporary unavailability of the Services which are beyond our control, examples of which would be, extra traffic on the Network, weather, technical problems or restrictions in front of the satellite receiver, which result in line congestion, fatigue and the general unavailability of the Network or any VAS services provided to you. As the Service is dependent on satellite, you confirm that the Service may be affected by conditions in other parts of the world.
5.2.1.3 We reserves the right to temporarily interrupt or reduce the level of Services (an Outage) in order to undertake routine maintenance, make repairs, conduct trouble shooting exercises, make replacements or changes to any equipment utilized in connection with the provision of the Services. Other than in the case of an emergency, and to the extent possible, we shall provide prior notice to you of any potential outage, Satellite Network Operator requirements.
5.2.2 Any Value-Added Services that we offer to you is done so at our option and we may suspend or withdraw these services for any reason whatsoever. We will give you reasonable notice before we suspend or withdraw any of our value-added services. Below are some examples of when we will suspend or withdraw Value Added Services:
5.2.2.1 if the Value-Added Services are suspended by third parties (i.e. the parties that make the Value-Added Services available to us);
5.2.2.2 if the Value-Added Services are being abused by you or our customers in general;
5.2.2.3 if the Value-Added Service has reached the end of its lifespan, and it is no longer economical to provide the service;
5.2.2.4 if there is no real demand for a particular Value-Added Service; and/or 5.2.2.5 if the Authority, the Act or some other law or body requires the Valued Added Service to be discontinued.
5.2.3 After the date of suspension or withdrawal you will not be charged or invoiced for any Value-Added Service that has been suspended or withdrawn by us.
5.3 Code Numbers Should it be reasonable and necessary, we will have the right to change any code number which has been allocated to you in terms of this Agreement.
5.4 Assignment of the Services We may not always be able to provide you with the Selected
Goods or Services you have requested. Should this be the case you accept that we have the right to transfer all of our rights and obligations in terms of this Agreement to any other Network operator. We will inform you if any such change should occur.
5.5 Migration of Services
5.5.1 You have the right to change and/or vary the Services that you are receiving in terms of this Agreement. This procedure is known as a “migration”.
5.5.2 Your request to migrate will be granted subject to the following conditions:
5.5.2.1 we may decide whether or not to grant your migration request and if such migration has been allowed by us, you will be required to pay certain migration charges which will be provided to you in the event of you requesting same prior to any migration application. These charges are applicable in accordance with the rules dictated by the Network and can be provided to you upon request;
5.5.2.2 any migration will not result in a new agreement. The Parties will need to make an amendment to this Agreement. The amendment will include the details of the amended Services and associated Tariff Plan, selected by you;
5.5.2.3 any migration will take effect at the end of the calendar month following the conclusion of the required amendment to this Agreement or payment of the migration charges, whichever is the later.
5.5.2.4 in the event of you migrating to a higher or lower Tariff Plan, you will be allowed to keep all your unused Data, if any, only if this is applicable as per the Network rules which are applicable to the migration.
5.6 Use of Services and Associated costs
5.6.1 We have no control over your use of the Selected Services and Goods. This means that you will be responsible for the payment of all charges in respect of any use of your selected Goods and Services.
5.6.1.1 this will include any charges that may occur as a result of the use of your Goods or Services by another person, regardless of whether or not that person had your permission to do so; and
5.6.1.2 regardless of the place or area where the Goods or Services is used;
5.6.1.3 regardless of any barring/alerting services (with or without a limit) which have been requested by you and form part of the Selected Services and Goods and associated Tariff plan.
5.6.2 You are aware that we are not able to provide you with any information in respect of Date: 24 August 2021 Proposal No: Q11622 Page 8 of 17 any of the websites that you may have visited using while using the Services.
5.6.3 It is advisable to lock your data services so that no unwanted access can happen.
5.6.4 If your Goods are lost, stolen or destroyed,
5.6.4.1 You must immediately notify us as well as any police official at any police station in writing that the Goods have been lost, stolen or destroyed. This is in accordance with section 41 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
5.6.4.2 the cost of replacing the lost, stolen or destroyed Goods will be your responsibility.
5.6.4.3 you will be liable for all charges occurring on the Goods until such time as the suspension of the unit actually occurs on the Network.
5.7 Installations
5.7.1 We will appoint an approved installer to install the goods and services at the customer’s premises.
5.7.2 The approved installer will require reasonable access to the customer’s premises.
5.7.3 The approved installer will install the Goods and Service in accordance with the detailed installation guidelines for a standard installation as per our Installation Schedule.
5.7.4 The detailed installation guidelines will include the maximum installation specifications that will be included in a standard installation.
5.7.5 If the satellite service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account.
5.7.5.1 Any additional installation expenses will be settled directly with the approved installer. The appointed installer is required to procure a quote and get your acceptance prior to incurring any additional expenses.
5.7.5.2 The installation will be deemed fully operational if the approved installer successfully tests the Goods and Service with the Customer Premises Equipment (CPE) provided by us as part of the Goods per the contract.
5.8 The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by us.
5.9 The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations.
5.10 The customer may not move or alter installation and must notify us if there is a need to move or alter the installation.
5.11 Only an approved installer may move or alter a service installation.
5.12 The customer is required to sign the Customer Acceptance Certificate after installation of the service and equipment. In the event that the customer is not physically present at the time of installation and is therefore unable to sign the Customer Acceptance Certificate, it will be the duty of the customer to do so at his earliest convenience but no later than 48 hours post installation. The signed Customer Acceptance Certificate needs to be emailed to Email Address. In the event that Flex Connect does not receive a signed Customer Acceptance Certificate within the stipulated 48 hours, the service will be deemed to be accepted and the service billable to the customer.
5.13 Service interruptions
5.13.1 We will endeavour to limit service interruption occurrences to the service and the length thereof.
5.13.2 In the case of a service interruption in the service, we will deploy technical teams to address any network faults, as soon as reasonably possible.
5.13.3 If a customer detects a service interruption in the service, the customer has to notify customer care of the interruption.
5.13.4 If the service interruption in the service is traced to a customer’s installation or customer equipment, then we will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault.
5.13.5 If in the event of a service interruption in the service, a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then we will charge the customer the applicable rates for dispatching the service team to rectify the service interruption.
5.14 Fair Usage Policy
5.14.1 The Fair Usage Policy (FUP) is our super simple way of protecting the integrity of Flex Connect. As with all acceptable usage policies, if you use more than a certain, predetermined “fair” amount of data (your FUP threshold) in a given timeframe, you stand to be restricted to slower speeds during peak times, in order to allow other users to access the network fairly.
5.14.2 Each line speed has its own FUP threshold
5.14.3 The FUP is subject to change from time to time.
5.14.4 Uncapped generally mean there are no limits but you could see a reduced speed once a threshold is reached. You will find the reduced speeds that would be imposed on the Application Form
Date: [Document.CreatedDate]Proposal No: [Contract No]Page 2
5.14.5 The uncapped price plans do not have out-of-bundle rates.
5.14.6 We reserve the right to terminate the contractual relationship with customers who regularly breach the fair usage policy for Service price plans by more than 100% on no less than 30 days prior written notice.
5.14.7 A customer cannot load a top-up bundle to restore the speed on an uncapped price plan
6. CHARGES AND PAYMENT
6.1 In return for the supply and access to the Selected Services and Goods on the Network, you agree and understand to pay to us, on receipt of the Monthly invoice, the Charges as per the Tariff plan.
6.2 The following amounts, if applicable, can be found on the Monthly invoice that will be sent to you:
6.2.1 connection charge: are any once off start-up charges that will be charged in the first month of this Agreement, which includes amongst other charges, your installation / Activation fee unless this fee is specifically excluded;
6.2.2 reconnection charge: if for any reason your Goods or Services are disconnected, a reconnection charge will be charged for any reconnection carried out by us;
6.2.3 rental charges: levied periodically, for the duration of the agreement in respect of the use of the Selected Goods where applicable, which amount is payable monthly/annually in advance for the first and any subsequent rental period, as from the Connection date;
6.2.4 maintenance charges: levied periodically, usually on a monthly basis, or on performance, depending on the type of maintenance contract, for maintenance of the Selected Goods that we have contracted to provide to you that are not covered by the rental charges, which amounts are payable in advance for the first and any subsequent maintenance period, as from the date on which the maintenance contract is signed, or as performed, as the case may be;
6.2.5 early cancellation fee: (see clause 4.3) this refers to the reasonable amount that we may charge you in respect of any costs that we may have incurred in respect of subsidized Goods during the Initial period, or any subsequent Renewal period, or the remaining monthly subscription charges remaining on the Services, whichever is the lesser amount;
6.2.6 migration costs: The Charges associated with the migration of your Services;
6.2.7 VAT: Value Added Tax Charges that are compulsory in terms of the Value Added Tax Act 89 of 1991; and
6.2.8 VAS: any charges for Value Added Services selected by you;
6.3 Deposits, set off and unpaid accounts
6.3.1 We have the right to request you to pay a deposit before we provide you with any Goods or Services. Any amount that is due and owing to us that you have failed to pay may be deducted from this deposit amount.
6.3.2 Even though the provision of the selected Services And Goods are treated separately in this Agreement, where any amounts due to us are not paid on the due date, we will have the right, without prejudice to any of our rights, to:
6.3.2.1 suspend your access to the Services or the entire account including both the Selected Services and the Goods;
6.3.2.2 offset against any such deposit, any amount due to us by you together with interest thereon, if applicable, at the Interest rate; and
6.3.2.3 demand payment of an additional or an increased deposit, as determined by us as a pre-condition for restoring the Selected Services And Goods. Such a deposit shall be in addition to the payment of any outstanding amounts and reconnection charges due to us.
6.3.3 The deposit will be held in a non-interest-bearing suspense account. On termination of the Agreement, we will refund any balance of any deposit to you, subject to any offsets referred to under clause 6.3.2 above.
6.3.4 We reserve the right to charge you interest on all outstanding amounts not paid by you on the due date. The interest shall be charged at a rate of 2% (two percent) per year, above the prime lending rate, in accordance with the increase or decrease of the prime lending rate at any given time.
6.4 Billing
6.4.1 We will provide you with a Monthly invoice, which invoice will be a statement of all your monthly charges in terms of this Agreement. The Monthly invoice will detail all amounts that are due and payable by you.
6.4.2 You agree that all charges, whether data, in relation to the package you have chosen have been explained to you and you understand how the charges apply.
6.5 Payments
6.5.1 You are responsible for the payment of all Charges detailed on the Monthly invoice on the due date reflected thereon.
6.5.2 Any amount that you owe us must be paid by a monthly debit order. You authorise us to debit your bank account as reflected on the application form or as changed by you from time to time by notifying us, with all Charges detailed on the monthly invoice.Should we agree that you may pay your account in any other manner, these amounts must be paid on time and free of deduction or set-off. Payment must be made at our principal place of business or to our bankers, which details can be found on our invoice. Non-receipt of a monthly invoice will not be grounds for non-payment by you.
6.5.3 You will remain responsible for payment until payment has been received into our bank account.
6.5.4 You must advise if you cancel your debit order agreement. If you cancel the debit order without our prior written permission to do so you will be in breach of this Agreement. If any debit order or cheque payment is returned, unpaid or stopped or if any charge card account or credit card account is rejected, we will have the right to suspend your account until such outstanding amounts and reconnection Charges have been received and paid in full by you.
6.6 Changes to Charges
We will have the right to increase and / or reduce any of the amounts detailed under the Tariff. This will not be done without giving you 30 days’ notice of such change nor will it be done within 6 months of your contract start or renewal date.
6.7 Credit Limit and credit checks
6.7.1 If you fail to meet the conditions of our credit checks we will have the right to refuse to provide you with any of the Goods or Services that you have applied for.
6.7.2 You accept and understand that by entering into this Agreement you have given us permission to not only check the correctness of the information you have given us, but to also carry out general credit checks in order to determine your creditworthiness.
6.7.3 We will have the right to place a limit on the Charges that you may incur in respect of the Selected Goods and Services, and will further be entitled to suspend any of our services if you exceed that limit.
6.7.4 We will notify you of the limit that has been approved for you upon acceptance of this agreement by us. Your approved limit will remain valid for a period of no less than 6 (six) months from the date on which we accept your application and from the time that you make your first payment to us. The limit may be reviewed by us after the 6 (six) months have passed and only if you have not defaulted in your payments to us during the first 6 (six) months from the date on which this agreement began.
6.7.5 If you default in your payments to us during the first 6 (six) months then we may choose to extend the period in which the limit will apply. The limit that we approve for you may not be exceeded for any reason.
This means that if you choose to add on any additional VAS to the Tariff plan that you have selected then the amount of calls that you may make will be reduced so that you do not exceed the limit approved by us.
6.7.6 You agree and understand that we rely on the Network to provide us with information on your use of the Services. Once you have reached the limit that we have approved your access to the Services will become limited.
6.7.7 We will also be entitled to hand over any information in respect of your account, including details of your creditworthiness, credit history and compliance with this Agreement, to any credit bureau that has been registered in terms of the National Credit Act 34 of 2005.
7. DELIVERY, RISK AND OWNERSHIP OF THE GOODS
7.1 Once we have processed and accepted your Application Form we will, within a reasonable time, deliver/install the Selected Services and Goods to you. Delivery will take place at:
7.1.1 , the address of which can be found on the first page of this Agreement, if that is the installation address; or
7.1.2 the address where the installation must take place. Goods delivered to your address will be delivered by the installer.
7.2 Ownership and risk, including loss, theft, damage or destruction, in and to the Selected Services And Goods will pass to you on the date of delivery which are purchased outright by you. Ownership in and to any Goods that are leased or rented from us, will not pass to you and will remain our property at all times however all risk in and to the Goods/property will pass to you upon delivery thereof and it is your responsibility to ensure that all Goods, leased or rented to you are returned to us in good working order and substantially the same condition.
7.3 For the avoidance of doubt, and notwithstanding that you have purchased or leased the Selected Goods from us, where as part of the Selected Goods, you have purchased Goods at a subsidized price from us, risk of loss, theft, destruction or damage to the Goods, shall pass immediately to you upon delivery of the Goods to you.
7.4 In the event that your S Goods are damaged, lost or stolen this Agreement will carry on, and you will remain responsible for the payment of any amount that becomes due and payable in terms of this Agreement. This clause will also apply in the case of leased Goods.
7.5 If you decide to insure the Selected Goods it is your responsibility to make sure that you know and understand the terms and conditions of the applicable insurance policy.
8. DEFECTS, LIABILITY, WARRANTIES AND REPAIRS
8.1 Together with the importer and manufacturer we warrant that all Goods, including software, purchased or leased from us, will for a period of 12(twelve) months from the date of purchase or lease, be:
8.1.1 reasonably suitable for the purpose for which they were purchased or leased;
8.1.2 of good quality, in good working order and free of any material defects;
8.1.3 in good working order, provided that they have not been misused by you; and
8.1.4 in compliance with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation, subject always to reasonable wear and tear and provided that such Goods have not been misused, over-loaded or modified.
8.2 If the Goods, including the software and battery used in connection with the Goods, in your opinion, do not comply with the standards set out in clause
8.1, you must notify us immediately of the defect and/or failure and so that we can sent and installer to inspect Goods, so that we may organise for the repair, replacement or upgrade of the Goods in question.
8.3 We will accept and inspect the faulty Goods subject the following conditions:
8.3.1 the Goods will be sent to our technical centre for further examination, and an analysis f the goods will be carried out, which will take between 5 (five) to 6 (six) weeks. We will notify you if the analysis will take longer than 5 (five) to 6 (six) weeks;
8.3.2 our acceptance of the Goods will not constitute and admission of liability by us, nor does it mean that the Goods:
8.3.2.1 are defective or do not comply with sections 53, 54, 55 and 61 of the Consumer Protection Act, 2008 or
8.3.2.2 do not comply with the standards set out in clause 8.1;
8.3.2.3 We will notify you as soon as possible, and within the time period set out in clause 8.3.1, of the results of any inspection and or analysis carried out by us in terms of this clause 8. We will also notify you as to whether or not we accept responsibility for any defect or failure.
8.3.3 If upon inspection we find that the Goods do not comply with the standards set out in clause 8.1, and we do accept responsibility for the defect and/or failure, and such defect and/or failure has come to our attention either within the first 6 (six) months of this Agreement or within 6 (six) months from the date of delivery of the defective goods to you, whichever is the later, we will either—
8.3.3.1 at our discretion repair or replace the failed, unsafe or defective goods; or
8.3.3.2 at your request refund any amount paid by you, for the defective goods.8.3.4 If we decide to repair the Goods, or any component of any such goods, and within 3 (three) months after that repair, the failure, defect or unsafe feature has not been fixed, or a further failure, defect or unsafe feature is discovered, you may decide whether you would like us to either:
8.3.4.1 replace the goods; or
8.3.4.2 refund any amount paid by you for the goods in question.
8.4 We will not be liable in respect of any returned Goods that do not fall under the 6 (six) month warranty period set out clause 8.1 above. In such an event we may offer to repair or exchange the Goods at your cost, and subject to the following conditions:
8.4.1 When we accept any Goods for repairs and/or maintenance we are acting as an agent of the manufacturer or local supplier of the Goods, and as such are acting on their behalf;
8.4.2 We will not be liable for any loss, damage, destruction, theft or negligent workmanship, including the loss of information of any kind or maintenance works are being carried out on the Goods by the manufacturer or local supplier.
8.4.3 The costs of any repair or maintenance work completed outside of the above mentioned 6 (six) month period or exceeds the manufacture warranty period will be for your account. We will therefore provide you with a quote for any maintenance or repair work that is to be carried out on your Goods or you can pay the price for a refurbished unit and we will supply you with such a unit. We will not begin any maintenance or repair work until you have accepted our quote.
8.4.4 Any repairs that cost R400.00 (four hundred rand) or less will be carried out as if you have specifically given us consent to do so. In this event the terms of clause
8.4.3 above will not apply.
9. COOLING-OFF AND RETURN OF GOODS
Date: Proposal No: [Contract No]
9.1 Your right to cool-off
9.1.1 If you have entered into this agreement as a result of direct marketing, for example as a result of a telephone call or SMS you have received from us, you may exercise your right to cool-off. Cooling-off means that you are entitled to cancel the entire Agreement (including both the Goods and Services without reason or penalty, subject to the following conditions:
9.1.1.1 You must have entered into the agreement as a result of direct marketing;
9.1.1.2 You must inform us within 5 (five) Business Days of having received the Goods of your intention to cool- off;
9.1.1.3 If you have decided to cool-off you must return the Goods to us within 10 (Ten) Business Days of having received the Goods;
9.1.1.4 You will not be charged a penalty for cooling-off, but we are entitled to charge you a reasonable amount for your use of the Goods and Services during the cooling off period. These reasonable charges will be worked out and shall include any usage on the services, the first month’s subscription fee, c, data utilized and any amounts that may have been used in part or in full on the Gift Voucher, if applicable, that you may have received as part of the package with the Goods.
9.1.1.5 Should the returned Goods be damaged in any way, or should you fail to return any of the Goods accessories, we are entitled to charge you for those reasonable costs incurred by us to repair or replace the goods.
9.2 Return of Goods
9.2.1 Apart from your right to cool-off, and irrespective whether you took out the contact as a result of direct marketing or otherwise you may at any time within 10 (ten) Business Days of date of delivery of the Goods to you, return the Goods to us in accordance with and for the reasons stated in Section 20 of the Consumer Protection Act, Act 68 0f 2008.
9.2.2 You are aware that if you return the goods to us the Services portion of the Agreement will carry on and you will be charged for the Services until you cancel same on 20 (twenty) Business Days’ notice as envisaged in clause 4.3.
You accept and understand that in most instances the Goods that we provide you are subsidised by us. This means that if you choose to return the Goods your Service Charges (monthly subscription fee) will not be reduced nor will you be refunded for any amount for the Goods (unless you have paid in an amount for same or paid cash for the Goods).
9.2.3 If Goods are returned by you we will have the right to charge you a reasonable amount for the use of the Goods. Should the returned Goods be damaged in any way, or should you fail to return any of the Goods accessories, we are entitled to charge you for those reasonable costs incurred by us to repair or replace the goods. If there are no damages to the Goods, we will refund any amounts owing to you within 15 (fifteen) Business Days of you retuning the Goods.
9.2.4 The Goods and Services of this Agreement are linked and not separate. This means that you can only cancel this Agreement in its entirety.
9.2.5 You accept and understand that the Goods that we provide to you are subsidized by us. This means that if you choose to return the Goods your Service Charges (monthly subscription fee) will not be reduced.
10. LIABILITY
10.1 Except for any liability which we may incur or be liable for under section 61 of the Consumer Protection Act, 2008, and if such liability is proved in a court of law, we will not be liable for any loss or damage that you or any other person may suffer as a result of your use of the Selected Goods and/ or Services whether in contract or delict. Under no circumstance shall we be liable for any loss of profit, data, opportunity, goodwill or executive time. Our entire liability, subject to 11.1 is limited to your monthly invoice, in the month immediately preceding the event, under all circumstances.
10.2 We will not be liable to you if the Selected Services, including the Network, are interrupted, suspended or cancelled for any reason that is beyond our direct control.
10.3 We will have the right to change any number, code, password, user identity or name allocated to you, and we will not be liable to you for any loss or damages that may occur as a result of such change. You understand that these numbers do not belong to us, and that any change that we may make will be as a result of a directive issued by the Authority in terms of the Act.
11. ASSISTANCE AND YOUR COMPLAINTS
11.1 Applications for service, account enquiries and reporting of faults
11.2 Your questions If you have any questions in respect of additional Services and Goods, Tariffs, Charges
and accounts or need to report a service fault to us, you may contact any one of our customer service centres for assistance.
11.3 What to do when you have a complaint
11.3.1 Any complaints that you may have in respect of billing and/or the Selected Services and Goods provided to you may lodged with our head office or one of our selected outlets. In order to lodge a complaint, you must follow the procedure described below:
11.4 The complaint chain:
11.4.1 You must first contact one of our local customer service centres and ask to speak to a supervisor for assistance;
11.4.2 if your complaint is still not resolved, you may direct your complaint to the office of our customer care manager. You may ask our customer service centre to provide you with the telephone number of our customer care centre;
11.4.3 thereafter the customer care manager will investigate your complaint and resolve it
11.4.4 The Customer Services office will assess your complaint and the steps taken by our employees to resolve the complaint, and will inform you of the outcome of your complaint.
12. DISPUTE RESOLUTION
12.1 If after you have followed the procedure described in clause 11.3 above you are still not satisfied with any of our attempts to resolve your complaint and the matter in dispute does not involve a complicated issue of law, or does not involve an amount larger than any amount the Authority may determine from time to time then either Party may declare a dispute by delivering the details of the dispute to the other Party, and may request and may request that the dispute be referred by the Parties, with or without legal representation, to arbitration by a single arbitrator within the High’ Court jurisdiction where the services in terms of this Agreement are provided.
12.2 The arbitrator will determine the place and time of the arbitration proceedings.
12.3 The arbitration proceedings will have conducted by a single arbitrator. The parties will agree amongst themselves who the arbitrator will be. If, for some reason the Parties cannot agree on an arbitrator either Party may request the Chairman of the Association of Arbitrators or the Chairman of the Law Society, within that area, to appoint an arbitrator.
12.4 The Parties will make sure that the arbitrator appointed in terms of this clause has the necessary skills to allow him to decide the dispute in a satisfactory manner.
12.5 The arbitration will be conducted in an informal and summary manner and is to be held as soon as is reasonably possible, with a view to the arbitration being completed within twenty (20) Business Days of the appointment of the arbitrator. Any procedures that must be followed during arbitration will be determined by the appointed arbitrator.
12.6 The arbitrator’s decision will be final and binding on the Parties.
12.7 The terms recorded in this clause 12 constitute the Parties’ binding consent to the arbitration proceedings. As such neither Party will have the right withdraw their consent or claim that they are not bound by the arbitration proceedings.
The arbitrators award may be made an order of court.
Notwithstanding the provisions of clauses 12 hereof, neither party shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator or arbitrators.
13. BREACH AND TERMINATION
13.1 If you breach any term of this Agreement for example failure to pay an amount that is due and payable by you, which will result in suspension of your access to the Mobile Service, we will give you 20 (twenty) Business Days’ notice to rectify the breach. If you do not rectify the breach within the 20 (twenty) Business Days’ notice period, we will have the right to cancel this Agreement, without prejudice to any of our rights to claim all and any damages that we may have suffered as a result of your breach.
13.2 If we breach any term of this Agreement, you will have the right to provide us with a letter calling on us to rectify the breach within 20 (twenty) Business Days. If we do not rectify the breach within the 20 (twenty) Business Days’ notice period, you may cancel the Agreement, without prejudice to any of your rights to claim any damages that you may have suffered as a result of our breach.
13.3 Any disputes that may arise as a result of this Agreement, which are subject to litigation, will be adjudicated upon by the Magistrates’ Court.
13.4 If you are sequestrated, liquidated or placed under judicial management, we will have the right to immediately cancel this Agreement. You will be reasonably notified of such cancellation.
14. ADDRESS FOR SERVICE (DOMICILIUM) AND NOTICES
14.1 The parties choose the addresses below as their chosen place to receive legal notices;
14.2 You at: the physical or residential address specified by you on the first page of this Agreement.
14.3 All legal notices given in terms of this Agreement must be in writing.
14.4 We may be sending you important business communications and notifications relating to your services or account and these notifications may be contained on or with your monthly invoice.
15. YOUR DETAILS AND CHANGES THERETO
You agree to provide us with all information, documentation and signatures that we may need in order to impose the payment arrangements found in this Agreement. You must inform us immediately if any of the information or details that you have provided to us have changed. Some examples of changes that we must be made aware of are any changes to your bank account, legal service address, which is referred to in clause 15 above, and credit card details.
16. UNDERTAKING AS CO-PRINCIPAL DEBTOR ON BEHALF OF THE SUBSCRIBER BY THE SIGNATORY
If the subscriber as identified on the face hereof is a company, close corporation, trust or a division or entity thereof or any other entity with juristic personality, then the signatory hereto who signs on behalf of the subscriber (“the signatory”) warrants that he is duly authorised to enter into this Agreement on behalf of the subscriber and, if applicable, to sign the debit authorization on the subscriber’s bank account. By his signature hereto, the signatory hereby binds himself as co-principal debtor for the subscriber unto and in favour of Flex Connect for the due and punctual fulfilment of all of the Subscriber’s obligation to us arising out of this Agreement including the payment of all charges, fees, penalties and liquidated damages. The signatory as coprincipal debtor hereby renounces and waives the benefits of the legal defences exclusion, division and cession of actions and hereby acknowledges that he understands the full meaning of such defences and the effect of such renunciation and waiver.
17. CESSION
We have the right to cede any or all of the rights or obligations that we may have in terms of this Agreement. We also have the right to assign part or all of this Agreement to any third party. If we do decide to cede or assign any of our rights or obligations in terms of this Agreement we will give you reasonable notice of our intention to do so. You may not cede, assign, encumber or transfer any of your rights or obligations in terms of this Agreement unless you have our written consent to do so. Such consent will not be unreasonably withheld.
18. VARIATION AND CHANGES
We will have the right to change the terms of this Agreement. If any changes are made to this Agreement we will inform you in writing of the change/s or we will post the change/s on our website.
19. WHOLE AGREEMENT
This document is the entire Agreement, and no Party to this Agreement will have to comply with any term or condition that does not form part of this Agreement.
20. AUTHORITY
When any person is acting on our behalf and he/she has the necessary authority to do so, our authority does not need to be proved.
21. DUPLICATE AND SCANNED VERSION IN PLACE OF ORIGINAL
We will have the right, if we so choose, to scan this Agreement and destroy the paper version. If this should happen you agree that the scanned version is a valid and authentic version of this Agreement.
22. SPAM AND YOUR RIGHT TO OPT OUT
In terms of section 45 of the Electronic Communications and Transactions Act 25 of 2002, you may instruct us to remove your details from our mailing list. Should you do so all further unsolicited commercial and/or marketing communications made to you by us will be stopped. In addition to this you may also register your details on the register that can be found on the Direct Marketing Association of South Africa’s website in order not to receive any direct marketing communications in the future.
23. SEVERABILITY
If one or more of these terms and conditions are found to be unenforceable or unreasonable it will be removed from this Agreement, but all remaining terms and conditions will continue to apply. If any part, term or provision of this agreement shall be held void, illegal, unenforceable, or in conflict with any law having jurisdiction over this agreement, the validity of the remaining portions or provisions shall not be affected thereby
24. CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to you in the event that we are not able to perform any or all of our obligations in terms of this Agreement as a result of any situation that has arisen which is beyond our control. Some examples of situations that are beyond our control are: technical problems relating to the Networks, acts of God, Government controls, power outages and/or load shedding, restrictions or prohibitions or any other Government act or omission, whether local or national, any act or default of any supplier, agent or sub-contractor, industrial disputes, strikes or work stoppages of any kind or any other similar or dissimilar cause, or any other event or occurrence that is outside of our control.
25. FORCE MAJEURE
Delay or failure to comply with or breach of any of the terms and conditions of this agreement if occasioned by or resulting from any act of God, public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, lockouts or other labour disputes, sabotage, accident, blockade, embargo, epidemics, act of any Government or other Authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, shall not be deemed to be a breach of this agreement nor shall it subject either party to any liability to the other.Should either party be prevented from carrying out its contractual obligations by force majeure lasting continuously for a period of 6 (six) weeks, the parties shall consult with each other regarding the future implementation of the agreement. If no mutually acceptable arrangement is arrived at within a period of 1 (one) month thereafter, either party shall be entitled to terminate the agreement forthwith on written notice.
26. INDULGENCE AND RELAXATION
Any leniency that we may grant you in terms of this Agreement will not prevent us from exercising any of the rights that we may have in terms of this Agreement in the future, including our right to require your strict compliance with this Agreement. Such leniency will not affect the validity of any terms or conditions of this Agreement.
27. INTELLECTUAL PROPERTY RIGHTS
You understand that any and all rights that we have in respect of any of our intellectual property belong to us. You therefore agree not to do anything or allow anything to be done that may infringe on our intellectual property rights. You further understand that we will have the right to hold you responsible for any damages that we may incur if you breach this clause.
28. COSTS
28.1 Your costs that you may have incurred as a result of our breach of any of the terms and conditions of this Agreement will be paid by us on an attorney and own client scale.
28.2 We will be entitled to recover from you, all and any costs that we may incur as a result of any breach of the terms and conditions of this Agreement by you. Some examples of such costs would be legal costs as on an attorney and own client scale, tracing costs and collection commission.
28.3 This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties
28.4 No variation, modification or waiver of any provision of this agreement, or consent to any departure there from, shall in any event be of any force or effect unless confirmed in writing and signed by all the parties hereto; and then such variation, modification, waiver or consent shall be effective only in the specific instance and for the purpose and to the extent for which it was made or given.
28.5 This agreement shall be governed by and interpreted under the substantive law of the Republic of South Africa in all respects and shall ignore any conflicts of jurisdiction
29. Flex Connect VOIP
29.1 The VOIP product will be activated when the contract is accepted and before device is Date: 24 August 2021 Proposal No: Q11622 Page 16 of 17 dispatched and received by the customer. To accommodate the customer for this delay, the first thirty days’ rental (not airtime) will be discounted.
29.2 The maximum carryover is capped to a value of two times the monthly value of the airtime of the contracted package.
29.3 No credit of unused airtime will be given. Airtime not used at time of service termination will be forfeited.
29.4 The VOIP service is linked to the customer’s Flex Connect satellite account. If the account is in arrears or the debit order fails and the account is suspended (as per Flex Connect debt control rules), the VOIP service is also suspended irrespective of the value of airtime on the network at the time.
29.5 The customer can obtain and use their own IP phone of choice or purchase a device from Flex Connect. The IP phone device is owned by the customer and the customer is responsible for all damages to the device. Flex Connect does not provide for any insurance/replacement or maintenance of the device. Devices normally have a manufacturer’s warranty. Make sure you familiarise yourself with the manufacturer’s warranty and how to get service for your device should this be required.
29.6 In event of the IP phone device purchased from Flex Connect, the unit will be unboxed and preprogrammed
before dispatching to the customer. Care will be taken to deliver the device in its original state of packaging, but seals will be broken to perform the pre-programming.
29.7 In event of porting, once off costs specifically related to the porting will apply.
30. Flex Connect Capped Products
30.1 Capped packages are limited to the volume as indicated by the package description.
30.2 The package start date becomes the monthly bundle contract renewal date (refresh/refill) date for that service.
30.3 Should all data be used before the contract monthly renewal date, top-up tokens can be purchased.
30.4 Tokens are linked to the specific package. Each token provides a data value equal to 10% of the monthly capacity of the base package. For example, a 50GB package has a token value of 5GB and a 75GB package has a token value of 7.5GB’s etc.
30.5 New tokens can only be activated once the existing bundle is depleted. Tokens can be bought by doing an EFT to Flex Connect for the token value and then contacting the Flex Connect call centre, during call centre operational times, with proof of payment. The Flex Connect call centre will immediately allocate the data token if your monthly allocation has been fully depleted. Our call centre contact details and operational times can be found on our website.
30.6 A token bought in advance will only be activated once your data bundle has been depleted. In order to activate, you will need to contact the call centre to activate your token.
30.7 Capped data products and top-up tokens do not have any carryover. On your monthly renewal date, your package value will be re-allocated with the data allocation according to your plan.
30.8 On your monthly renewal date, your data capacity will be restored to the monthly base of that product, irrespective of the remaining data balance at the time. There is no carryover.
30.9 Upward migration between capped products is allowed. A migration can take place at any time within the month. The new package capacity will be restored on the contract monthly renewal date.
30.10 The signing customer is responsible for all relevant subscription charges for the duration of the contract period.
30.11 Only the customer that signed up is authorised to cancel subscription.