The headings of the clauses in this Agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention appears-
When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.
The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
References to broadband terminology such as “contented” and “uncapped” have the meaning ascribed to such terms in the ISPA Guidelines and Recommendations on Broadband Terminology.
The definitions and rules of interpretation in this clause apply in this agreement.
“Agreement” means this services agreement read with the Order;
“Customer” means the person described in the Order;
“Effective Date” means the date the Equipment is installed and the Service is activated.
“Equipment and/or Services” means the items listed and described in the Order and all ancillary equipment required for a standard or non-standard installations, such as poles and brackets;
“Party” means either EkasiConnect or the Customer, and “Parties” means both EkasiConnect and the Customer;
“Order” means the web-based electronic order completed by the Customer;
“EkasiConnect” means EkasiConnect Broadband (Pty) Ltd, with registration number 2013/232446/07;
“Schedule of Fees” means the fees set out in the Order;
“Service Levels” means a level of service as to which EkasiConnect’s performance of the Services must conform and is a standard for performance of the Services; and
Products, services and standards
Equipment and Services
EkasiConnect agrees to provide the Equipment and Services set out in the Order subject to the terms of this Agreement.
EkasiConnect reserves the right to control, direct and establish technical procedures for the use of the Equipment and Services and the Customer agrees to follow the reasonable instructions and procedures of the Provider with respect to the use thereof;
The Customer shall ensure at all times that its use of the Equipment and Services, including its connection of any apparatus to any network used to deliver the Services is in accordance with all applicable telecommunications, data protection and other laws, licences and regulation; and
EkasiConnect warrants that it has the necessary consents, licences or agreements required for the provision of the Services.
The Service is a best-effort service, which means that EkasiConnect does not provide any guarantees that data is delivered or that that the Customer will be provided a guaranteed quality of service level or a certain priority. All customers of the Service obtain best-effort service, meaning that they obtain unspecified variable bit rate and delivery time, depending on the current traffic load. Accordingly, advertised and contracted bandwidth speeds are maximum speeds that are not guaranteed.
Technical support should be requested only where the performance of the Service is consistently below the advertised maximum bandwidth speed divided by the advertised contention ratios. Web-based speed-tests are not reliable and will not be accepted by EkasiConnect as conclusive proof of non-performance by EkasiConnect. If a support call is logged with EkasiConnect, EkasiConnect shall use industry accepted tests in a controlled test environment to verify the performance of the Service.
WiFi coverage is dependent on building structure and is not guaranteed to propagate to the entire dwelling. The Customer may add additional Access points at his/her own cost to extend the coverage area.
EkasiConnect shall use commercially reasonable endeavours to remedy any failure to meet the Service Levels as prescribed in the End User Service and Subscriber Service Charter Regulations, 2016, provided that support for technical and billing issues must be logged telephonically, by email or in the online customer portal.
Costs and charges
EkasiConnect agrees to provide the Equipment and the Services in accordance with the Schedule of Fees.
EkasiConnect will measure usage of Equipment and Services in accordance with EkasiConnect’s policy as set out in the Schedule of Fees.
The charges for the Services and the Equipment will be invoiced monthly in advance and is payable by way of a debit order instruction to be processed on the first business day of the month.
The Customer will pay or reimburse EkasiConnect for any and all sales and use taxes, duties or levies imposed by any authority, government, or government agency (other than the property taxes and taxes levied on EkasiConnect’s net income) in connection with the Equipment and Services provided herein.
Installation fees – cover the costs of labour and other expenses incurred in the installation of the service, and does not cover Equipment costs.
Reconnection fees – A reconnection fee of R99.00 will be charged where EkasiConnect has suspended services for non-payment. The reconnection fee will be drawn with the next debit order.
Early termination fee – Early cancellation fees are calculated as the value of 4 months of fees being charged to the Customer at the time of the cancellation.
Other Charges – The Customer agrees to pay all charges for maintenance and other service activities, and to pay for loss or damages to the Products caused by:
use of the Equipment and Services for purposes other than those for which they were designed;
failing to maintain a suitable operating environment ; and
Any loss or damage to the Equipment at the replacement value of the Equipment;
Risk, Title and ownership
Risk of loss or damage to the equipment transfers to the Customer on the installation thereof.
Customer hereby acknowledges that the Customer has no right, title or interest in the Equipment, and that title to the Equipment shall at all times remain with EkasiConnect.
The Customer agrees not to modify, alter, repair, attempt to repair, or in any way to tamper with the Equipment provided to the Customer without the express written consent of EkasiConnect (“Modification”).
In the event of such Modification, EkasiConnect shall be completely released from any liability or obligation (including any warranty or indemnity obligation) for any costs or damages incurred by EkasiConnect (including damage to EkasiConnect network) caused by such Modification.
Site environment and facilities
The Customer shall be responsible for making available, at no cost to EkasiConnect, accommodation, power, space, including mast space, ducting and other facilities for the purposes of installing and housing the Equipment required for the provision of the Services to the Customer.
The Customer will permit reasonable access to the Customer’s premises, during normal business hours, for the purpose of installation, inspection, maintenance, service, repair, replacement, relocation and removal of Equipment and for the purpose of performing any acts contemplated by this Agreement.
EkasiConnect shall provide the following standard Equipment for a standard installation.
1 X L Shape bracket
4 X Sleeve anchors
1 X wireless Radio
1 X WiFi Router
Any non-standard Equipment shall be for the cost of the Customer. Customer will be advised of any non-standard requirements after a site survey has been conducted.
EkasiConnect warrants that all Equipment and Services provided will be in good working order on the day installed, and certified by EkasiConnect ready for use, and that they will conform to EkasiConnect’s service specifications.
Thereafter, EkasiConnect will make such adjustments, repairs, and parts replacement necessary to maintain the Equipment and Services in working order pursuant to EkasiConnect’s specifications.
The express warranties contained in this agreement are in lieu of all other warranties, representations and guarantees of any kind by EkasiConnect. Except as expressly set forth in this agreement, all products, services and other materials (if any) are furnished by EkasiConnect and accepted by the Customer “as is”. All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by EkasiConnect.
EkasiConnect does not warrant that the Products, Services or any other materials provided hereunder will meet the Customer’s requirements or that they or their access or use will be uninterrupted, error free, or completely secure, except as expressly provided in this clause.
In all situations involving performance or non-performance of Equipment and Services furnished under this Agreement, the Customer’s sole remedy is adjustment or repair of the Equipment and Services.
Limitation of liability
The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all losses which constitute direct and/or general damages, provided that such liability for damages shall be limited to the actual payments made by Customer to EkasiConnect in the previous twelve months.
Neither Party shall be liable to the other for any losses which constitute indirect, special or consequential damages.
Term and termination
This Agreement shall commence on the Effective Date and shall continue for a period of as set out in the Order, and continue indefinitely thereafter until or unless terminated by either Party giving to the other not less than one full calendar months’ prior written notice, subject always to prior termination as provided for in this clause.
Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if the other Party commits a breach of any of the material terms of this Agreement and fails to remedy that breach within 14 calendar days of that Party being notified in writing of the breach.
A customer cancellation shall not be processed and EkasiConnect shall continue to invoice and collect payment from the Customer if the Customer does not make sufficient arrangements with EkasiConnect for the collection of its Equipment.
Data privacy and protection
Each Party’s data shall be and remain the property of that Party. Neither Party shall divulge the data of the other Party to third parties (unless provided otherwise in this Agreement or in law) and a Party shall use the data of the other Party only for purposes of this Agreement.
Neither Party shall possess or assert any lien or other right against or to the other Party’s data, or sell, assign, lease or otherwise dispose of the other Party’s data, or any part thereof, to third parties.
EkasiConnect shall have no liability to the Customer (including for the replacement of Equipment) under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of EkasiConnect or any other party), failure of a utility service or transport or telecommunications network, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
The Customer may lodge any unresolved complaints with the Independent Communications Authority of South Africa.
A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the Party to whom the waiver is addressed and to the circumstances for which it is given.
Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
This Agreement, and any documents referred to in it, constitute the whole agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Each of the Parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
The Customer shall not, without the prior written consent of EkasiConnect, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
EkasiConnect may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
Each of the Parties chooses their respective addresses for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement, as follows:
Customer – the contact details in the Order
EkasiConnect – 506 Nancy Ndamase Street,Klipfontein View,Midrand,1685
To ensure minimum disruption to Service to the Customer, Customer must give EkasiConnect at least one calendar months’ notice of its intention to move premises, together with full details of the new premises.
All requests for the Service at new premises shall be subject to a feasibility study.
If, after a feasibility study has been conducted it is evident that it is:
Feasible to deliver the same service at the new premises, then Customer shall be liable to EkasiConnect for payment of a relocation fee equal to the then current prices for standard or non-standard installations;
not feasible to provide a similar Service to the new premises, EkasiConnect shall suggest an alternative service to be provided to the Customer as a replacement service and the Customer shall be obliged to procure from EkasiConnect such replacement service as best meets the Customer’s technical requirements.
In the event that it is not possible to provide the Customer with the same or an alternative Service at the new premises, it shall be regarded with as an early termination and the standard early termination fee will apply.
Acceptable Use Policy
EkasiConnect’s Acceptable Use Policy is available at http://EkasiConnect.com/legal/.
By purchasing this Service, the Customer agrees to abide by the AUP and these terms and conditions.
This Acceptable Use Policy (“AUP”) is a material part of your agreement with EkasiConnect for provision of its services to its customers. Please read and follow this AUP carefully. This AUP may be revised from time to time by EkasiConnect.
This AUP forms part of the agreement between you and EkasiConnect and is incorporated by reference into EkasiConnect’s terms and conditions. You and anyone who uses or accesses your EkasiConnect internet services must comply with, and shall be bound by the terms of, this AUP
Laws and Regulations
Transmission, distribution or storage of any material on using your services in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secrets or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
You acknowledge that EkasiConnect is unable to exercise control over the content of the information passing over its network and the Internet, including any websites, electronic mail transmissions, news groups or other material created or accessible over its network. Therefore, EkasiConnect is not responsible for the content of any messages or other information transmitted over its infrastructure.
You may obtain and download any materials marked as available for download off the Internet but are not permitted to use your Internet access to distribute any copyrighted materials unless permission for such distribution is granted to you by the owner of the materials.
You are prohibited from obtaining and/or disseminating any unlawful materials, including but not limited to stolen intellectual property, child sexual abuse material, hate-speech or materials that is intended to incite violence.
System and Network Security
All references to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through EkasiConnect) and includes but is not limited to the infrastructure of EkasiConnect itself.
You may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
Violations of system or network security by you are prohibited, and may result in civil or criminal liability. EkasiConnect may investigate incidents involving such violations and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of EkasiConnect;
Unauthorised monitoring of data or traffic on the network or systems without express authorisation of EkasiConnect;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; and
Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting.
It is explicitly prohibited to:
send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements, etc.). This is strongly objected to by most Internet users and the repercussions against the offending party and EkasiConnect can often result in disruption of service to other users connected to EkasiConnect;
forward or propagate chain letters nor malicious e-mail;
send multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipient;
sending bulk electronic messages to recipients that have not opted in to receive such messages;
using redirect links in unsolicited commercial e-mail to advertise a website or service;
Your mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. EkasiConnect reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to you. EkasiConnect also reserves the right to examine the mail servers of any users using EkasiConnect mail servers for “smarthosting”. All relay checks will be done in strict accordance with EkasiConnect’s policy of preserving customer privacy.
Upon receipt of a complaint, or having become aware of an incident, EkasiConnect reserves the right to:
Inform you of the incident;
In the case of individual users suspend your account and withdraw your network access privileges completely.
In severe cases suspend your service until abuse can be prevented by appropriate means.
Share information concerning the incident with other Internet access providers, or publish the information, and/or make available yous’ details to law enforcement agencies.
All cases of violation of the above Acceptable Use Policy should be reported to firstname.lastname@example.org