TERMS & CONDITIONS

These terms and conditions, together with the Schedules hereto and the Service Specification Annexure, (hereinafter collectively referred to as “this agreement”) shall constitute the whole of the agreement between Dealer and Subscriber relating to the subject matter hereof, notwithstanding anything in Subscriber’s inquiry, specification, acceptance, order or other documentation or discussion to the contrary.

2.1 No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Dealer and Subscriber.

2.2 No extension of time or waiver or relaxation of any of the provisions or terms of this agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against either parties hereto in respect of its right under this agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this agreement.

2.3  Either party shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract between Subscriber and Dealer or not.

3.1 3Gi will provide Internet communication to the Customer via the appropriate technology. (As per product choice)

3.2 The Service will consist of the options chosen by the Customer and the services shall be supplied in accordance with 3Gi’s Standard Terms and Conditions

3.3  The service is a “best effort” service and no guarantees can be given once the internet has been reached. 3Gi does not have control over the various internet servers and the amount of users accessing these servers at any one time.

3.4 Service/Line connection from third party suppliers cannot be guaranteed in any way. Disruption to these connections does not waive the accountability of payment of service to 3Gi.

4.1 The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, which is payable monthly in advance by the Subscriber to 3GI.

4.2 3GI reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive one month’s notice relating to price adjustments

4.3  It is the policy of 3GI to provide subscription only on the basis of a debit order on a bank account.

4.4 Returned Direct Debit transfers will be subject to a R85 handling fee.

4.5 3Gi will only issue invoices on request by the client through email.

4.6 3Gi reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled.

4.7 Cancellation of a subscription does not release the account holder from paying any and all amounts due to 3Gi at the time of cancellation.

5.1 The Effective Date of this agreement is the date when Service first commences. Should the Effective Date occur after the date of signature of this agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind this agreement before the Effective Date.

5.2 If at any time during the currency of this agreement, Subscriber upgrades the Service, then the Effective Date in respect of the Service as upgraded, shall be the date when the upgraded Service first commences.

6.1 This agreement is for a minimum of (three) months initially and will automatically renew indefinitely thereafter.

6.2 The agreement shall continue indefinitely and shall be terminable on the expiry of 1 calendar month written notice given by either party to the other.

6.3 3Gi reserves the right to suspend/cancel the service without prior notice and with immediate effect if it is found that the subscriber has breached any of the terms and conditions set out in this contract.

7.1 3Gi does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the service or its suitability for any purpose. 3Gi does not warrant or guarantee the information transmitted by and/or available to the subscriber by way of the service.

8.1 Except as otherwise expressly provided herein to the contrary, 3GI shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings).

8.2 The subscriber hereby indemnifies 3GI against and holds 3GI harmless from any claim by any party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.

Any specifications, descriptive matter, drawings and other documents which may be furnished by Dealer to Subscriber from time to time:

9.1 do not form part of this agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this agreement;

9.2 shall remain the property of Dealer and shall be deemed to have been imparted by it in trust to Subscriber for the sole use of Subscriber.  All copyright in such documents vests in Dealer.  Such documents shall be returned to Dealer on demand.

10.1 Subject to the provisions of clause 7.2 to the contrary, if either party hereto:

10.1.1 breaches any of the terms or conditions of this agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from the other party;

10.1.2 commits any act of insolvency;

10.1.3 endeavours to compromise generally with its creditors or does or causes anything to be done which may prejudice the other party’s rights hereunder or at all;

10.1.4 allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or

10.1.5 is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered;

the other shall have the right, without prejudice to any other right which it may have against the other, to:

  1. a)  treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the defaulting party until such party has remedied the breach; or
  2. b)  cancel this agreement;

in either event without prejudice to such party’s right to claim damages.

10.2 In the event of any expiration, termination or cancellation of this agreement, provisions hereof which are intended to continue and survive shall so continue and survive.

10.3 The defaulting party shall be liable for all costs incurred by the other party in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.

All intellectual property (including, without limitation, copyright, trade marks, designs and patents) relating to or used in connection with the Service/s provided under this agreement shall belong to Dealer or its third party suppliers, as the case may be.  Subscriber undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by Dealer, or any of its third party suppliers.

Subscriber shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party unless consented to in writing by Dealer, which consent may not be unreasonably withheld.

The clause headings contained herein are for reference purposes only and shall not be used in the interpretation of this agreement.  Words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons includes created entities (corporate or unincorporate) and vice versa.

For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, Dealer and Subscriber 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 and shall be obliged to give notice to the other within ten days of the said change.  Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered to the other party’s domicilium and shall be presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that party on the tenth day after the date of posting or on the day of delivery as the case may be.

For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction.  This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1944, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.

16.1           Dealer shall not be liable for non-performance under this agreement to the extent to which the non-performance is caused by events or conditions beyond the control of Dealer, provided that Dealer makes all reasonable efforts to perform.

16.2           In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this agreement shall be controlled by the statute, ruling or order.

Should any of the terms and conditions of this agreement be held to be invalid, unlawful or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.

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