TERMS & CONDITIONS
Please read the following terms and conditions carefully. If you have any questions, feel free to contact us at firstname.lastname@example.org.
1.1. All references to “SERVICES” shall mean Bula Wireless (Pty) Ltd services such as “Internet access service”, “VoIP Service”, “IPTV” only unless otherwise specified.
1.2. The term “PROVIDER” shall at all times refer to Bula Wireless (Pty) Ltd.
1.3. “SUBSCRIBER” means any persons, company, Firm, Partnership or Body Corporate contracting to receive the Services from Bula Wireless (Pty) Ltd in terms of this Agreement.
2.1. The subscriber by subscribing to Access the Services agrees to abide by and be bound by the terms and conditions set forth below. Failure to abide by or comply with these terms and conditions shall entitle Provider to immediately terminate the subscriber’s service(s), and to pursue any other legal remedies available to Provider at law or equity.
2.2. This Agreement is for a term of one 1 month (BILLED IN ADVANCE) and shall automatically renew until terminated in accordance with this Agreement. The Subscriber may terminate this Agreement upon Thirty (30) days written notice to Provider. An early termination may incur penalty fees. The Subscriber is responsible for payment regardless of account suspension or interruption.
2.3. The Provider reserves the right to refuse to renew this contract upon the expiry of any term or renewal term and the right to renew a contract on altered terms on notice in writing to the subscriber
3. CHANGES TO THE SERVICE
Provider may at any time change this Agreement, including pricing, billing terms, discontinuance of, addition to or revisions of any aspect to the Service at its sole discretion without notice. In the event that Provider changes this agreement, Service or related pricing or billing terms, Subscriber has the choice to disagree to such changes by terminating this Agreement. Use of the Service after any change constitutes acceptance of such change.
4. SUBSCRIBER RESPONSIBILITY
Prior to installation and/or provision of services by Provider, the subscriber is responsible for obtaining all necessary or required approvals and authorization from any competent authority, trustees or body corporate. Should such approval or authorization not have been obtained, Subscriber hereby indemnifies Provider against any claim or liability suffered by that reason.
- Upon installation, Subscriber is responsible for Establishing, maintaining, modifying and protecting their username and password.
- Creating their own back-up copy of any important or critical information that they may have stored on their system or on The Company server.
- Ensuring that battery backup is available to radios, routers, etc. during power outages; otherwise their service(s) may not be available during a power outage.
- Ensuring equipment is disconnected or suitably protected from lightning strikes or power surges. Subscriber is liable for damage to company’s equipment resulting from failure to protect Company equipment in a prudent manner.
- Providing adequate virus and spy ware protection to their system.
5. SUBSCRIBER CONDUCT
Subscriber shall comply with all laws, rules, regulations, and legal obligations related to the Service and with all acceptable use policies and procedures established from time to time by Provider. Subscriber shall not use the service to conduct any business or activity, or to solicit the performance of any activity, which is prohibited by any law, rule, regulation, or legal obligation (including but not limited to unauthorized interception of e-mail, “spamming”, “phishing”, etc).
6. PAYMENT FOR SERVICE
6.1. Subscriber agrees to pay for Service in advance for a minimum of one month of Service in advance for each successive month of Service and authorizes Provider to bill by debit order or charge the credit card/debit card provided by to Provider until the subscription is terminated as herein provided.
6.2. Provider reserves the right to terminate Service and to charge subscriber’s billing account for any outstanding Termination Charges, Service Fees or Equipment in the month prior to the expiration date of said credit card/debit card unless subscriber shall provide evidence satisfactory to Provider of the renewal or extension of the expiration date of such credit card/debit card more than 30 days prior to the expiration date of the credit card/debit card.
6.3. PAYMENT EXPIRATION DATE, If Subscriber’s Payment Method reaches its expiration date and the subscriber does not edit their Payment Method information or cancel their account, Subscriber authorizes Provider to continue billing that Payment Method and Subscriber remains responsible for any uncollected amounts.
6.3. REACTIVATION CHARGE, if Subscriber’s Service has been suspended by Provider due to a violation of these Terms and Conditions. Subscriber agrees to pay all taxes, and other charges, if any, which are now or in the future may be assessed by any governmental authority for the Service or the Equipment.
Subscriber agrees to pay the Subscription Fee and other Fees, if any, for the level of Service subscribed for by the Subscriber as indicated by Subscriber’s initials on the Price List attached to the Subscription Agreement. Subject to applicable law, Provider reserves the right to change the Services and Equipment and the prices for such Services and Equipment at any time, unless otherwise indicated on the Price List.
8. FAIR ACCESS POLICY
To facilitate equal Internet access for all subscribers, the Service may be subject to a running average fair access policy. Fair access establishes an equitable balance in Internet access for all customers regardless of their frequency of traffic usage. To ensure this equity, Subscriber may experience some temporary throughput limitations.
Provider does not recommend that Subscriber rely upon any content made available through the Service without appropriate verification.
10. DISCLAIMER OF WARRANTIES
Access to the service is not guaranteed. The service is distributed on an “as is” and “as available” basis. The Provider, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose and security, and shall not be liable to the subscriber for indirect, incidental, special or consequential damages of any kind whatsoever resulting from provision of or failure to provide the service. Without limiting the foregoing, the Provider will not be liable for damages resulting from the use or inability to use the service or to access the internet, reliance on information obtained through the internet, interruptions in service for any reason, deletion of files or e- mail, lost data, unauthorized access to the customer’s records or files, errors, defects, damages to computers and stored information due to viruses, delays in operation or transmissions or any other failure of performance. Provider does not provide guarantee or warranty for any acts of God, equipment, software, hardware, etc. except as is expressly described in this Agreement. All data services are up-to speeds and are not a guarantee of actual upload or download speed unless the subscriber gets a 1:1 dedicated line.
11. COPYRIGHTS AND LICENSES:
The content of the Service is protected under applicable copyright law. All copying, modification, distribution, publication, or other use by Subscriber, or by any user of Subscriber’s account, of any such content is prohibited, except as expressly permitted by the holder of the applicable copyrights.
12. FAILURE TO RETURN EQUIPMENT
Unless otherwise indicated, all equipment supplied on Subscriber premises by the Provider to provision the Service remains the property of Bula Wireless (Pty) Ltd. Upon termination of service, Subscriber is responsible for the return of all equipment rented from Bula Wireless (Pty) Ltd. Provider shall reimburse any money paid by Subscriber, and held as deposit in respect of such equipment rental. Upon failure to return equipment, Subscriber will be billed at full acquisition cost. Fees are subject to change at any time, unless otherwise specified.
13. PRIOR AGREEMENTS VOID
This Agreement hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between Subscriber and the Provider, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
14. EFFECTIVE DATE
This Agreement is effective upon the date it is executed by both parties, whether or not the subscriber uses the Provider’s services, and continues in full force and effect until service terminated by either party. If either party terminates this Agreement, Subscriber is still responsible for any charges on his/her account
I hereby authorize Bula Wireless (Pty) Ltd or its agent to install equipment and provide services as requested. I acknowledge that all Contracts are subject to site survey or prior arrangement; at which time a final decision of service availability and installation price will be made.