1.1 “Acceptable Use Policy” means the policies relating to the acceptable use of our equipment, services and network, as modified or amended from time to time and published on our website.
1.2 “Activation Date” means the date that Netwide will enable or give you access to the Equipment and/or Services you ordered.
1.4 “Application Form” means the document (including any electronic documents, for example email communication) on which you selected your Equipment and/or Service of choice.
1.5 “Business Day” means any other day than Saturday, Sunday or any public holiday within the Republic of South Africa, from 08h00 – 17h00.
1.6 “Customer”, “you” or “subscriber” means a user of any of our Equipment and/or Services.
1.7 “Effective Date” means the date of accepting our Agreement, either in writing or by way of electronic medium or telephonic acceptance.
1.8 “Equipment” means any hardware, device or other equipment used to access our Equipment and/or Services.
1.9 “Netwide”, “us”, “our” “we” means Netwide Internet Services.
1.11 “Service Schedule” means the fixed term agreement for specific Equipment and/or Services.
1.12 “Uncontrollable Event” means elements of nature or acts of God such as fire, floods, earthquakes as well as civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Netwide including the termination or suspension of a service or product provided by a Network Operator, that may result in a delay or a failure to provide any product or service.
1.13 “VAT” means Value Added Tax as per the Value Added Tax Act, 1991.
1.14 “Website” means www.netwide.co.za.
2. Obtaining the Services
2.1 The Agreement will start on the Effective Day which both parties have agreed to and continue thereafter indefinitely on a month-to-month basis, subject to the right of either party to terminate this Agreement on one calendar month’s written notice should no Service Schedule be in effect.
2.2 Where we need to install any equipment on your behalf, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons. If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us.
2.3 Where we do not need to install equipment, we will either send you all the equipment you need to connect to the services, or advise you of any additional equipment you need. If applicable, it is your responsibility to purchase the additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the equipment or additional equipment.
2.4 We shall not be obliged to provide or activate your Equipment and/or Services unless and until we have received any initial charges due from you in respect of the Equipment and/or Services.
2.5 Any equipment purchased or rented through us, will be supported by us. Any other Equipment and/or Services, not obtained through Netwide, will not be supported by us.
3. Duration, Suspension and Termination
3.1 Netwide may, without liability to the Customer, terminate or suspend the services:
3.1.1 for any material breach of this agreement. Netwide will afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question. In such circumstances you will have no right to terminate this agreement, or any other Service Schedule, withhold or suspend payment or be entitled to a reduction in any charge or have any other right or remedy against Netwide arising out of such suspension;
3.1.2 for any maintenance, repairs or improvements to any part of our Equipment and/or Services or the network that needs to be carried out;
3.1.3 we have to do so by law or in line with a contract or agreement;
3.1.4 should you fail to pay any amount on the due date for payment.
3.2 Any suspension of the Equipment and/or Services will not constitute termination of the Agreement and we may require you to pay a reconnection fee to resume the Equipment and/or Services together with the relevant charges.
3.3 Any month-to-month agreement may be terminated by either Netwide or the Customer by giving one calendar month’s notice.
3.4 In the event of a Fixed Term agreement cancellation, you will remain liable for all amounts owing to Netwide up to the date of cancellation or a reasonable cancellation penalty determined by Netwide.
3.5 In the event that you continue to use the Equipment and/or Services, despite the termination of the agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to Netwide as a result of the use of or access to the Equipment and/or Service and this agreement shall be deemed to continue to apply until such time as all amounts due to Netwide have been paid in full.
4. Personal Information
4.1 You agree that we may hold all names and other information in the Application Form you have supplied us, in a computerised database. You agree that such data may be processed and may, in certain circumstances, be supplied to and processed by our suppliers to enable the provision and maintenance of the Equipment and/or Services.
4.2 Netwide may, from time to time, be required by law to co-operate with and/or disclose data to government or other authorities.
4.3 Netwide is entitled to subject your application to a credit referencing or risk assessment process. This means that we may use the information, including personal information, provided by you and request and receive information about you and your credit record from registered credit bureaus in order to determine whether you will be in a position to meet your obligations under the intended Agreement. Netwide will be entitled to decline activating any Equipment and/or Service(s) that you apply for if Netwide reasonably determines that you may not be able to meet your commitments under this Agreement.
4.4 It remains the customer’s responsibility to inform Netwide in any changes of customer information.
5. The Services
5.1 Acceptance of the Equipment and/or Services by you constitutes your automatic acceptance of the terms and conditions of this Agreement.
5.2 Netwide undertakes that all Equipment and/or Services are of a high quality to all customers. However, we provide services “as available” and “as is” and do not guarantee that the services will at all times be free of errors or interruptions, always be available, conform to your delivery time requirements or fit for any purpose. In order for us to maintain the quality and safety of our Equipment and/or Services, we may from time to time:
5.2.1 suspend, close down or restrict the whole or any part of the Equipment and/or Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of our network and services, although we will give you as much notice as is reasonably practical before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods.
5.3 The Customer agrees that any and all other people who use any Equipment and/or Services under their account will comply with this Agreement. You will remain responsible for all transactions and any other activities that may occur under your user name and password.
5.4 It remains your responsibility to keep copies and back-ups of your data. Netwide will endeavour to ensure protection of any data or content which you may receive or upload to our servers, but:
5.4.1 we will not be liable for any direct or indirect loss of damages of any kind, which you may suffer as a result of the loss of your data, or any part thereof, for any reason whatsoever; and
5.4.2 we will, unless otherwise required by law, delete all your data from our servers upon termination of the Agreement and any other agreements between us.
6. Equipment and Software
6.1 Unless paid for in full, all Equipment remains the property of Netwide.
6.2 You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to do the following:
6.2.1 follow the instructions we have given you;
6.2.2 keep the equipment under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you);
6.2.3 insure any of our equipment against any loss, theft or damage for the full replacement value;
6.2.4 not tamper with, misuse, neglect or damage our equipment;
6.2.5 not remove, tamper with or cross out any words or labels on our equipment;
6.2.6 take proper care at all times to prevent the loss or theft of our equipment.
6.3 You must immediately notify us if your equipment is lost, stolen or destroyed. We will charge you for any loss or damage to the equipment. Should you wish to terminate the services, your obligations under the agreement will continue to apply.
6.4 If the event that this agreement is ended, either by Netwide or you, you must return our equipment to us, unless paid for in full, or make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement and reasonable recovery costs of the equipment.
6.5 You authorise us and our representatives to enter or have access to your premises as reasonably necessary, at mutually agreed times, to install, maintain, inspect, repair or remove the equipment.
6.6 Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take all reasonable steps to protect such software or documentation from theft, loss or damage. You will be obliged to review and agree to the applicable end user license agreement before installing or using the software. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Agreement.
7. Intellectual Property Rights
7.1 If, in our opinion, the display of any material or information, provided by you, is or would be in breach of any rights (including intellectual rights) we may refuse or terminate such display.
7.2 You agree to comply with all laws (local and international) applicable to Intellectual Property Rights in respect of any data, information or files accessed, stored or retrieved by you.
8. Billing and Payment
8.1 Billing will commence on the Activation Date of your Equipment and/or Services.
8.2 Netwide will provide you with an itemised invoice and you agree to pay all amounts due under this Agreement in consideration for the Equipment and/or Services as per the Application Form you have submitted.
8.3 Payments are due as shown on your invoice. If payment is not received on the due date, you may be liable to interest or other charges for your non-payment. We may also suspend or cancel (reminders will be sent for late payments) your services and charge you the costs of any legal or debt recovery proceedings to recover any debt you owe Netwide under this agreement. We will use reasonable endeavours to inform you well in advance about the possibility of disconnection or suspension in the case of non-payment.
8.4 Your first invoice may be for part of a month and you will be charged a fee calculated pro-rata, from the date of activation plus the subscription cost for the next month.
8.5 Debit orders will commence on the Activation Date and will continue and not be revoked until termination of this Agreement or until all amounts due and owing to Netwide have been fully and finally discharged.
8.6 If any changes are proposed to any terms of an agreement between Netwide and a Network Operator or Supplier which impacts on the provision of any services or products in terms of this Agreement, Netwide shall be entitled to amend the terms, fees or charges for its services or products at any time on 30 (thirty) days notice.
9.2 Netwide has the right to take any action necessary to uphold our network’s security, performance and reliability.
10. Liability to Customer
10.1 Netwide will not be liable for:
10.1.1 loss or destroyed data or software;
10.1.2 any indirect loss or any loss which is not a reasonably foreseeable consequence of Netwide’s negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
10.1.3 any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss;
10.2 Netwide shall not be held liable for and you will have no claim of any nature against Netwide as a result of:
10.2.1 any unavailability or interruption in the service due to an Uncontrolled Event;
10.2.2 any damage, cost or claim or loss which you may suffer or incur arising from any suspension or termination of the service for any reason.
11.1 You hereby unconditionally and irreversibly indemnify Netwide and agree to indemnify and hold Netwide harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by Netwide as a result of any claim instituted against Netwide by a third party (other than you) as a result of (without limitation):
11.1 your use of our services or products other than as allowed or prescribed in the Agreement;
11.2 any other cause whatsoever relating to the Agreement or the provision of services or products to you where you have acted wrongfully or failed to act when you had a duty to so act.
12.1 Netwide reserves the right to amend our Terms and Conditions, as well as this Agreement from time to time. It is your obligation to read through our Policies and Terms and Conditions on a regular basis and familiarise yourself.
12.2 In the event of a discrepancy between our Terms and Conditions and the Product Terms, the Product Terms will take precedence.
12.3 You agree that this Agreement constitutes the whole of the agreement between yourself and Netwide. No other agreements or representations, verbal or written, shall be binding to either parties.
12.4 You agree that the details you have given us are true and accurate and that you will notify us if any of your details change.