M Connekt Standard Terms and Conditions
Thank you for choosing M Connekt (Pty) Limited to provide you with the services (“the Services”) and/or products (“the Products”) for the minimum initial period (“Initial Period”) you have agreed to in the Services Contract. As the customer, you agree that these standard terms and conditions shall apply to the provision of such Products and/or Services.
1 Definitions and Interpretation
1.1. In this Agreement, the words hereunder will have the meanings assigned to them below:
1.1.1 “Agreement” means these Standard Terms and Conditions and any Services Contract, Service Level Agreement, Application Form, Schedules, Annexures and attachments hereto;
1.1.2 “Contract Value” means the total cost of the Service/s being provided to the Customer by M Connekt in terms of this Agreement;
1.1.3 “Services Contract” means the document signed by the customer detailing the products, services and related costs associated with the products and services requested;
1.1.4 ‘Customer” means the party specified on the Services Contract to which these Standard Terms and Conditions apply;
1.1.5 “Effective Date” means, notwithstanding the date of signature of this Agreement, the date when each Service/s reflected in the Services Contract is activated and commissioned by M Connekt for use by the Customer, irrespective of whether or not the Customer uses the Service/s;
1.1.6“Initial Period” means the initial contract term of the Service/s, as set out in the Services Contract;
1.1.7 “Proprietary Information” means any and all trade secrets and data/information of a proprietary and/or confidential nature, including data/information that the parties should reasonably have known to be proprietary or confidential;
1.1.8 “Service/s” means all the service/s provided by M Connekt as specified in the Services Contract, including all software and equipment necessary for the provision of the Service/s;
1.1.9 “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
1.1.10 The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender includes the other gender, the singular includes the plural and vice versa, and natural persons i ncludes juristic entities and vice versa.
1.1.11 “M Connekt (Pty) Limited” hereinafter referred to as M Connekt
2 Effective Date and Duration
2.1. This agreement shall commence on the date on which M Connekt activates the service, such activation being at our sole discretion, and shall endure for the period as stipulated on the Services Contract (“initial period”)
2.2. If at any time during the currency of the Agreement, the customer upgrades the service, then the effective date in respect of the service/s as upgraded shall be the date when the upgraded service/s first commences.
2.3. The duration period of each of the Service/s shall be 12 (twelve) months (the Initial Period) or as otherwise indicated and agreed in the Services Contract completed during the signup process for the services.
2.4. Either party hereto shall be entitled to terminate this Agreement by way of 30 (thirty) days prior written notice of termination to be effective at the end of the Initial Period.
3 Charges, Deposits and Payments
3.1 All Service/s provided are to be billed in advance, as of the Effective Date in respect of each Service. In the event of a single Service consisting of a number of components, billing will commence for each respective component of that Service as and when each component of that Service goes liv
3.2 In the event of any “bolt on services” or additional services or upgrades being requested by you, whether on the services contract or at a later stage, the supply of such bolt on services will be subject to these terms and conditions as well as additional terms (if applicable), at the relevant additional cost to you. This may include any usage based fees applicable to the services you have requested, which will be billed monthly in arrears.
3.3 Customer is responsible for and agrees to pay to M Connekt all fees for the Service/s specified in the Services Contract in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
3.4 All prices specified in the Services Contract exclude:
3.4.1 VAT and any other any taxes and duties including any regulatory surcharge, which Customer becomes obligated to pay by virtue of this Agreement, and
3.4.2 If applicable, any third party service provider service fees, which Customer has appointed and agrees to make payment directly to the third party service provider for any work they may have performed for the customer, on such terms as are agreed between the third party service provider and Customer, and shall at all times be the sole responsibility of the Customer.
3.5 Invoicing will be processed and delivered in advance, and all invoices for Services shall be settled monthly via debit order or on payment terms as agreed in writing between M Connekt and the customer and indicated in the Services Contract.
3.6 In the event of any dispute arising as to the amount or calculation of any fee or charge to which M Connekt is entitled, the dispute shall be referred for determination to M Connekt auditors. They shall act as experts and their decision shall be final and binding on M Connekt and the Customer. The cost of the determination shall be paid on demand by the party against whom the determination is made, or as determined by the said auditors.
3.7 Any amount falling due for payment by Customer to M Connekt in terms of or pursuant to this Agreement which is not paid on its due date shall bear interest calculated from the due date for payment thereof until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%), monthly in advance unless otherwise agreed in the Services Contract.
3.8 M Connekt shall be entitled from time to time on 30 (thirty) days prior written notice thereof to Customer to increase the monthly fees referred to in the Services Contract, provided that:
3.8.1 M Connekt shall not be entitled to increase the monthly fees during the first 12 (twelve) months of this Agreement
3.9 M Connekt shall be entitled, in its sole discretion, to determine a credit limit applicable to the customer and services from time to time, and will have the authority to suspend the Services should customer exceed such credit limit. However, despite such credit limit being placed on the account, customer will be liable for payment if the credit limit is exceeded. M Connekt may, at its sole and absolute discretion, request a Services deposit equal to one month of the estimated monthly services cost.
4 Customer’s Obligations
4.1. Customer shall comply strictly with all relevant regulations imposed on Internet Service provision and Telecommunication services by the vari-ous regulatory authorities from time to time.
4.2. Customer shall not commit nor attempt to commit any act or omission which directly or indirectly:
4.2.1. damages in any way M Connekt’s technical infrastructure or any part thereof;
4.2.2. impairs or precludes M Connekt from being able to provide the Service/s in a reasonable and business-like manner;
4.2.3. constitutes an abuse or malicious misuse of the Service/s;or is calculated to have the abovementioned effect. In such an event, should M Connekt incur expenses to remedy the situation, M Connekt reserves the right to charge the Customer the amount necessary to cover M Connekt’s additional expenditure. Notwithstanding the above, M Connekt reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
4.3. Customer is prohibited from selling, reselling, sharing or otherwise dealing with the Service/s in any manner whatsoever. Without limitation to the a foregoing, any consideration which Customer may receive whilst acting in breach of this prohibition shall be forfeited to M Connekt.
4.4. Customer is prohibited from allowing any person other than its employees or other authorised parties, access to the Service/s through any of Customer’s equipment, personnel and/or address.
4.5. Customer is prohibited from modifying any equipment (including but not limited to router equipment) utilised by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such equipment.
4.6. Any equipment, infrastructure or cabling installed by M Connekt to provide the services as per the Services Contract remains the sole property of M Connekt, and can be removed at any time by M Connekt for whatever reason, should M Connekt so elect to do so. This would exclude any equipment ordered from M Connekt or a third party by the customer, and paid for in full by the customer. This may include a telephone handset or customers’ own router or switching equipment.
4.7. Customer shall at all times adhere to and ensure compliance with any support and customer premises access procedures or schedules pub-lished from time to time in order for M Connekt to provide the services to the customer, or any other customer.4.7.1. In some rare instances M Connekt would need to access to the equipment in certain premises that may affect the services to another customer. This access will be reasona-bly requested by M Connekt and should be not be unreasonably withheld by the customer.
4.8. Under no circumstances may the Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against M Connekt , its servants, its agents or any other persons for whom it may be liable in law, if
4.8.1. M Connekt interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to M Connekt or in the circumstances contemplated in clause 6.4 below.
4.9. Customer may not at any time use the Service in contravention of any South African law. In particular, Customer undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. Customer acknowledges that M Connekt has no obligation to assist Customer in this regard.
5.0. It is the responsibility of the Home Owner to ensure there is adequate insurance cover in place to cover the replacement costs of any IT equipment provided and installed by M Connekt. This value can be provided on request. The replacement for damages could be due to, but not limited to: Lightning Strikes, Floods, Fire, Theft and Abuse.
5.1 Save as expressly set out in this Agreement, M Connekt does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.
5.2 Without limitation to the generality of 5.1 above, M Connekt does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service/s:
5.2.1. Will be preserved or sustained in its entirety;
5.2.2. will be delivered to any or all of the intended recipients;
5.2.3. will be suitable for any purpose;
5.2.4. will be free of inaccuracies or defects or bugs or viruses of any kind; or
5.2.5. will be secured against intrusion by unauthorised third parties; And M Connekt assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause 5.
6 Exclusion of Liability
6.1 Except as otherwise expressly provided herein to the contrary, M Connekt shall not be liable to Customer 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 of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against M Connekt or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
6.2 Subject to clause 6.1 above, the entire liability of M Connekt and Customer’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the period of 3 (three) months preceding Customer’s written notice to M Connekt in respect of such claim.
6.3 Customer hereby indemnifies M Connekt against and holds M Connekt harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of M Connekt is excluded in terms of clause 6.1 above.
6.4 Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of M Connekt
of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 6.1 above shall apply mutatis mutandis to such exclusion. Should the provision of the Service/s be suspended by M Connekt for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, M Connekt shall give Customer credit in an amount which represents a pro rata portion of Customer’s basic monthly subscription fee for the month during which the said suspension occurred, unless a specific Service Level Agreement has been signed between the parties detailing the terms and conditions of the service provision and related penalties for guaranteed uptime of the service provided.
6.5 Where the Service/s provided include Hosting Services, then, notwithstanding anything to the contrary contained in this Agreement, M Connekt reserves the right in its absolute discretion and after the receipt by M Connekt of any complaint from any governmental department, or any other third party (including but not limited to any Internet industry body or any other organisation) that Customer’s web site contains information that infringes against any third party’s rights in terms of the Constitution of the Republic of South Africa, the Electronic Communications and Transac-tions Act, any other legislative enactment or regulation in force from time to time, or is defamatory in nature, to immediately give written notice to Customer of M Connekt intention to remove the offending information or any portion thereof from Customer’s web site. Should such offending information not be removed from the web site by Customer within 24 hours of written notice to that effect, M Connekt shall be entitled to imme-diately remove the offending information or any portion thereof from Customer’s web site, or where it is not possible to remove such content, to terminate the Hosting Services of such Customer. Any removal or termination by M Connekt shall in no way constitute a breach by M Connekt of this Agreement.
Any specifications, descriptive matter, drawings and other documents which may be furnished by M Connekt to Customer from time to time:
7.1. 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;
7.2. shall remain the property of M Connekt and shall be deemed to have been imparted by it in trust to Customer for the sole use of Customer. All copyright in such documents vests in M Connekt. Such documents shall be returned to M Connekt on demand.
8.1 Subject to the provisions of clause 8.3 to the contrary, if Customer hereto:8.1.1. 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 M Connekt;
8.1.2. commits any act of insolvency;
8.1.3. endeavours to compromise generally with its creditors or does or causes anything to be done which may prejudice M Connekt rights hereun-der or at all;
8.1.4. 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
8.1.5. 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; M Connekt shall have the right, without prejudice to any other right which it may have against Customer, to:a) suspend or terminate the Services;b) 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 Customer until Customer has remedied the breach; and/orc) cancel this Agreement; in any event without prejudice to M Connekt right to claim damages.
8.2. Customer shall be liable for all costs incurred by M Connekt 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 judgment.
8.3. Subject to what is set out in Clause 8.1.1 above, M Connekt shall be entitled to suspend the provision of the Services where Customer breach-es any provision of this Agreement or where any payment to M Connekt is overdue by more than 7 (seven) days unless otherwise agreed by both parties in writing.
9 Intellectual Property
9.1. Notwithstanding anything set out in Clause 10 below, all intellectual property (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to M Connekt. Customer 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 M Connekt, or any of its third party suppliers.
9.2. Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person’s intellectual property rights, and in particular warrants that it shall recognize, acknowledge and use any content in accordance with any third party’s intellectual property rights. Customer furthermore warrants that it has received all necessary permissions to make use of any intellectual property relating to 3rd parties.
10 Protection of Proprietary Information
10.1. Each party will keep in confidence and protect Proprietary Information from disclosure to third parties and restrict its use to that which is provided for in this Agreement. Either party acknowledges that unauthorised disclosure or use of Proprietary Information may cause substantial economic loss.All printed materials, containing Proprietary Information will be marked with “Proprietary” or “Confidential”, or in a manner which gives notice of its proprietary nature. Proprietary Information shall not be copied, in whole or in part, except when essential for correcting, gen-erating or modifying Proprietary Information for either party’s authorized use. Each such copy, including its storage media, will be marked with all notices, which appear on the original.
10.2. Each party shall ensure that its employees comply with its obligations under this section 10.
10.3. This section 10 shall survive termination or cancellation of this Agreement.
10.4. This Agreement does not transfer to either party title to any intellectual property contained in any Proprietary Information of the other part.
The signatory to this Agreement, as the authorized representative of the Customer, hereby binds himself/herself to M Connekt as personal surety and as co-principle debtor in solidum with Customer for the due, punctual and proper fulfilment and performance by Customer of all its obligations in terms of this Agreement. The aforementioned signatory hereby renounces all benefits arising from the legal exceptions of non numerataepe-cuniae, non causa debiti, errore calculi and beneficioexcussionus et divisionis, with the force and effect of which he/she hereby declares himself/ herself to be fully acquainted.
13 Dispute Resolution and Arbitration
13.1 If any dispute arises out of or in connection with this Agreement, its termination or cancellation or the subject matter thereof, including claims in delict or for rectification of the Agreement, a Party may declare that a dispute exists by notice in writing to the other Party.
13.2 Within 10 (ten) days of receipt of a notice referred to in clause 17.1 above, the parties or their duly authorised representatives must try to meet and:
13.2.1 resolve the dispute;
13.2.2 agree a process for resolving the dispute (including mediation or alternative dispute resolution);or
13.2.3 agree to refer the matter to arbitration in terms of the provisions of this clause 13.
13.3 If the Parties or their duly authorised representatives do not meet or do not deal with the dispute as provided for in clause 13.2 above, the dispute will be deemed to have been referred to arbitration by the Parties and it shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA, subject thereto that the Parties shall have the rights of appeal provided for in the rules of AFSA. Should AFSA not be in existence at the time, the nomination shall be made by the President for the time-being of the Law Society of the Northern Provinces.
13.4 Any arbitration provided for in this Agreement shall be held at Johannesburg and shall be conducted according to the rules of AFSA, unless the Parties shall otherwise have agreed in writing. Should AFSA not be in existence, the arbitration shall be conducted in accordance with the formalities and procedures determined by the arbitrator to achieve an arbitration which shall be informal and conducted on a summary basis on the
procedure set out in the Rules of AFSA as published in their ultimate form. It is the agreement of the Parties that it shall not be necessary to observe or carry out the usual formalities or procedure or the strict rules of evidence normally followed in judicial proceedings of an adversarial nature. Save for the aforesaid, the arbitration shall be subject to
13.5 The Party in whose favour an arbitration ruling is made shall be entitled to a reimbursement of such Party’s reasonable local travel, accommo-dation and similar reasonable expenses (”te expenses”) incurred bu such Party in attending such arbitration, provided, however, that the arbitrator has made a ruling in terms of which the expenses are awarded to such Party.
13.6 The provisions of clauses 13.1 to 13.3 above shall not detract from the right of a Party to institute proceedings in the court referred to in clause 16 below, for the protection of any rights pending the resolution in terms of clauses 13.1 to 13.3 above of any dispute between the Parties
The parties agree that in the event of a breach of this Agreement by Customer which causes M Connekt to suffer damages of any nature whatsoev-er, M Connekt shall not be required to attach any of Customer’s hardware in execution, and shall be entitled to retain a lien over such hardware in reduction of any debt due by Customer to M Connekt.
15 Force Majeure
15.1. M Connekt 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 M Connekt, which would include services provided by any third parties on which M Connekt relies on to provide the services, provided that M Connekt makes all reasonable efforts to perform.
15.2. It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of M Connekt and the force majeure provisions shall apply:
15.2.1. a third party service provider fault that affects the Service/s; and/or
15.2.2. the non-performance, inability to perform or delay in performance by a third party service provider relating to the provisioning of equip-ment, services and/or facilities to M Connekt that affects the Service/s; and/or
15.2.3. acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire.
16 Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa, and all actions and other matters relating thereto will be determined in accordance with South African law subject to the jurisdiction of the South Gauteng High Court, subject to the provisions of clause 13 above.
17 Domicilium Citandi Et Executandi
For all purposes, including but not by way of limitation, the giving of an y notice, the making of any communication and the serving of any process, Customer chooses its domicilium citandi et executandi (“domicilium”) at the physical address appearing on the application form to which these Standard Terms and Conditions are attached. M Connekt chooses its domicilium citandi et executandi (“domicilium”) at 1 Serengeti Boulevard, Serengeti Golf Estate, Kempton Park,South Africa. 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 (10) 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 (10th) day after the date of posting or on the day of delivery as the case may be.
It is hereby specifically recorded that any residential services are subject to our standard Residential Service Level Agreement (Residential SLA) unless otherwise agreed in writing. Any customers utilising any of the M Connekt Residential services for Business purposes will NOT have the benefit of our Business Service Level Agreement (Business SLA). We recommend any businesses that require enhanced uptime or response times, subscribe to one of our Business Service packages which come with our standard Business SLA. Any business’s requiring maximum guaranteed uptime need to consider the provision of redundant (or dual) service provision which will minimise any downtime and provide guaranteed response times in which h case we would negotiate a specific SLA agreement to fit the customers’ requirement. Our standard Residential and Business SLA agreements can be viewed at www.mconnekt.co.za
19.1. No variation, 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 authorized representative from both M Connekt and Customer.
19.2. The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any rep-resentations not expressly set forth in it.
19.3. Neither party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the Agreement between Customer and M Connekt or not.
19.4. 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 party 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.
19.5. 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.
19.6. Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such terms and conditions willbe severable from the remaining terms and conditions which will continue to be valid and enforceable.
19.7. 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. In particular, termination or cancellation of this Agreement shall not affect any rights or duties arising under it with respect to Proprietary Information as set out in Clause 10 above.
19.8. The terms and conditions appearing in the Services Contract and any relevant schedule (s) hereto, are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule (s) hereto, these Standard Terms and Conditions shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Services Contract shall prevail.
19.9. These terms and conditions, together with the Services Contract, Schedule(s), Annexures and attachments hereto, constitute the whole of the agreement between M Connekt and Customer relating to the subject matter hereof, notwithstanding anything in Customer’s inquiry, specification, acceptance, order or other documentation or discussion to the contrary.
19.10 Customer agrees to comply with the M Connekt acceptable use policy (AUP) and all usage restrictions and limitations applicable to such Ser-vices, or portions thereof. M Connekt acceptable use policy is available at www.mconnekt.co.za or can be provided upon request.
19.11 M Connekt provides services according to regulations provided for in the Electronic Communications Act, 36 of 2005 as amended from time to time and more specifically subject to our ECS and ECNS licenses as issued by the Independent Communications authority of South Africa (ICASA). M Connekt services are subject to any amendments or changes to these regulations by the regulatory authorities from time to time.
19.12 M Connekt has launched an electronic document and contract management platform called Docusign that is widely used and accepted internationally, and the Customer hereby agrees and accepts that an electronically signed and stored version of this document shall constitute sufficient evidence of its content and signature as a legally binding document. A manually printed, signed and scanned option is also available on the platform for any customers that require this option, which request needs to be communicated to M Connekt.
19.13 If the Subscriber is a corporate entity or trust, then the signatory hereto who signs on behalf of the Subscriber (“the signatory”) warrants that he is duly authorised to enter into this contract on behalf of the Subscriber and to sign the debit authorisation, if applicable, on the Subscriber’s bank account.
19.14 During the currency of this Agreement and for a period of 2 (two) years following its termination, neither Party shall solicit any employee of the other Party for the purposes of offering employment to such employee, unless agreed in writing by both parties.
19.15 The Parties agree that the risk of loss or damage to or destruction of M Connekt equipment installed on the customer premises, where applicable, regarding the provision of the Service(s) in terms of this Agreement, shall pass to the CUSTOMER from the date the equipment is installed.
19.16 All labour costs outside of the agreed terms and conditions will be billed @ R450.00 / hour, which may be amended by M Connekt from time to time.
19.17 Any service or call out fees relating to any of the M Connekt services will be covered by M Connekt.
19.18 The customer will be liable for any call out or service fees where it is determined by M Connekt technical, that it is not a fault relating to the M Connekt services or equipment.
19.19 The M Connekt network provider edge that demarcates the edge or end of the official point of responsibility for M Connekt services to be delivered is the ONT or “Optical Network Terminal” installed at the customers premises. WiFi services can be provided by M Connekt on request and in some instances are provided as a standard value add service offering to provide basic wifi to extend the services into the home. However, customer experience and coverage is subject to many different variables including the physical layout of your residential space, number of wireless devices deployed, interference from other wireless equipment and many other factors of which we have absolutely no control. We therefore do not guarantee the speed or coverage on any wireless equipment deployed and M Connekt services official test point will always remain on the fixed network point provided on the ONT, of which service quality and consistency can be tested remotely. Any callouts requested where
M Connekt services are confirmed to be working as specified, will be subject to a standard M Connekt callout fee to be invoiced to the customer, as specified in our published pricing found on the M Connekt website.
19.20 Our products are best effort with regards to local and international speeds. Speed is dependent on a number of individual and variable factors including, but not limited to, the number of users you allow to access your service, the physical layout of your residential space, how and with what device speeds may be tested and which local and international sites you are testing to. Our advertised upload and download speeds provide an indication of local access speeds only and is also subject to natural contention on the passive optical networking (PON) technology we deploy in our network. Speed should always be measured on a fixed line device and not on a wireless or mobile device as this does not provide an accurate indication.
19.21 The Customer authorises M Connekt to make enquiries about my credit record with any credit agency and to obtain whatever information on me they might require to process this service agreement. I also hereby authorise M Connekt to share my credit information with other authorised credit providers
20 The customer hereby confirms and agree to be bound by the M Connekt Acceptable Use Policy (AUP);
20.1 The customer may not create an unusually large burden on M Connekt’s network, including, without limitation, continuously using a bit torrent service for unreasonably long periods of time; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions.
20.2 M Connekt reserves the right to establish policies, rules or limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations M Connekt may impose, at M Connekt’s reasonable discretion. Failure to comply with these rules will result in the customers’ service being restricted, suspended or terminated, at M Connekt’s reasonable discretion.
20.3 M Connekt will manage bandwidth usage to the best if its ability during peak periods, however, it remains a best effort service.