|TERMS AND CONDITIONS OF AGREEMENT
Please read the following terms and conditions carefully. If you have any questions, feel free to contact us at [email protected]
- All references to “SERVICES” shall mean Bula Wireless (Pty) Ltd services such as “Internet access services (LTE/LTE Advanced, Fibre, Wireless, VSAT)”, “VoIP”, “IPTV”, “IT Solutions” & “VPN” only unless otherwise specified.
- The term “PROVIDER” shall at all times refer to Bula Wireless (Pty) Ltd
- “SUBSCRIBER” means any persons, company, Firm, Trust or Body Corporate contracting to receive the Services from Bula Wireless (Pty) Ltd in terms of this Agreement.
- 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.
- The Subscriber agrees to use the Provider’s service for a specific period of time. This could be on a month-to-month and/or contractual basis
- The Subscriber may terminate this Agreement upon Thirty (30) days written notice to Provider if on a month-to-month basis and, the subscriber may terminate this Agreement upon Thirty (30) days written notice to Provider on condition that subscriber pays the contract in Full, if on contract.
- 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
- CHANGES TO THE SERVICE
The 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, Provider will notify Subscriber in writing within 60 days prior to changes. The subscriber has the choice to disagree to such changes by terminating this Agreement as per Clause 2.3. Use of the Service after any change constitutes acceptance of such change
- SUBSCRIBER RESPONSIBILITY
Generally, 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 if required. Should such approval or authorization not have been obtained, Subscriber hereby indemnifies Provider against any claim or liability suffered by that reason.
The subscriber is responsible for the following:
- Upon installation, Subscriber is responsible for Establishing, maintaining, modifying and protecting their username and password.
- Checking for or confirming the network coverage at his/her own address for all wireless services including the LTE Advanced.
- Ensuring that the LTE Sim card is inserted in one of the compatible CPE’s as recommended by Service Provider. Service Provider does not provide support for LTE sim cards inserted in non-recommended CPE/device.
- Providing a valid ID or Passport for RICA and/or FICA purposes without which service(s) may not be activated.
- Creating their own backup 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. The subscriber is liable for damage to the company’s equipment resulting from failure to protect Company equipment in a prudent manner.
- Providing adequate virus and spyware protection to their system.
- 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).
- PAYMENT FOR SERVICE
- Subscriber agrees to pay for Service (s) according to the chosen payment method at the time of subscription for each successive month of Service and authorizes Provider to bill as per the agreed payment method, otherwise by debit order or charge the credit card/debit card provided by to Provider until the subscription is terminated as herein provided.
- 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.
- 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.
- 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.
- BILLING AND INVOICING, Unless the customer notifies the supplier in writing within 5 days of receipt of an invoice to the contrary, the contents of such invoice shall be deemed to be correct.
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.
- SERVICE DESCRIPTION
Provider service(s) provision in part or whole, such as the LTE services, Wireless Internet, Fibre Internet, VoIP, IPTV, and IT services may be in partnership with another Service Provider through inter-connections or cross-connects at data centers. Subscriber hereby agrees not to hold Provider responsible for any inconvenience suffered as a result of the Provider’s partner network being in fault due to an outage or technical issues.
- SUSPENSION OF SERVICES
Where a subscriber fails to make payment on the date of the subscription fee becoming due, the service provider has the right to suspend the service to any subscriber without providing further notice. All subscriptions are payable one month in arrear in terms of this contract, and for the duration of this Agreement. Where a client has signed a debit order with the service provider and the debit order is not honoured by the subscriber’s bank, the account will be deemed not paid and will be suspended without notice to the subscriber.
- 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.
Subject to the terms and conditions of this Agreement and the AUP (Acceptable User Policy), the subscriber has the right to know or request their AUP of their internet services.
- TECHNICAL SUPPORT
The Company shall provide the Customer with technical support services only where the fault occurs in a service that is provided by it and that is under its direct control and does not arise from third parties such as local and/or overseas communications operators and/or communication lines, the World Wide Web, the Customer’s systems and/or applications.
- 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. The provider shall reimburse any money paid by Subscriber, and held as a deposit in respect of such equipment rental unless otherwise agreed in writing. Upon failure to return equipment, Subscriber will be billed at full acquisition cost. Fees are subject to change at any time unless otherwise specified.
Provider does not recommend that Subscriber relies upon any content made available through the Service without appropriate verification.
- 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 email, 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 a 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.
- 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.
- LANGUAGE OF AGREEMENT
This agreement has been negotiated and concluded in English. It may be translated into any other language for practical purposes, but the version shall prevail in the event of any doubt.
- APPLICABLE LAW
The proper law of this agreement is the law of the Republic of South Africa, and accordingly any dispute relating to this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the laws of the Republic of South Africa.
- 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.
- 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 subject to the terms and conditions of this Agreement. If either party terminates this Agreement, Subscriber is still responsible for any charges on his/her account.
- UNDERTAKINGS AND ACKNOWLEDGEMENTS
- PROVIDER undertakes to use its reasonable endeavours to procure that the Network Operator provides you with the Service on a 24/7 (twenty-seven) hour per day basis on each and every day for the continued duration of the agreement.
- SUBSCRIBER undertakes to be legally bound by this Agreement for the provision of service and hereby accept service(s) billing for the full duration of this Agreement as per clause 2.2, and confirm that he/she has understood and accepted the terms contained herein.
- LEGAL COSTS AS A RESULT OF BREACH
If as a result of the breach of any one of the provisions of this Agreement by any of the Parties to this Agreement, then the Party so in breach will be liable for all legal costs and disbursements so incurred on a scale as between Attorney and Client, on the High Court Scale.
By virtue of the client signature duly appended to the Provider’s Application form, subscriber agrees to be bound by these said terms and conditions recorded herein.