TERMS AND CONDITIONS

1.    BANDWIDTH CONNECTIVITY AGREEMENT

 The Client subscribes and Express NW t/a NWISP undertakes to provide the following services (hereinafter selectively referred to as the “Service”

1.1     THE SERVICE

 Sbject to the terms and conditions of this Agreement, Express NW t/a NWISP will register the Subscriber for use on the Network as soon as reasonably possible and will thereafter for the term of this Agreement provides the Service.  The extent of service and coverage shall be advised  to the Client by Express NW t/a NWISP. The Services may be adversely affected by physical features (i.e., buildings,) atmospheric conditions, topography, and other cases of interference. Whilst every effort is made to uphold good quality of service, the service may be dependent on other providers for connectivity, satellite, and other bandwidth etc. The local network is constantly monitored; however, connectivity problems upstream (external to our network) may adversely affect all broadband service providers.

    Notwithstanding the provisions of clause 1.1 above the client acknowledges.

1.1.1        Express NW t/a NWISP cannot, and does not, guarantee coverage, SPEED, or capacity over any area to or from any particular place; and

1.1.2        That, upon signature of the acceptance of delivery form, Express NW t/a NWISP and the Client shall both be deemed for all purposes to have tested the equipment and the service provided and satisfied itself with regards             to the coverage, SPEED or capacity furnished thereby.

1.1.3        Whilst there are thousands of internet applications, Express NW t/a NWISP, cannot and does not guarantee that they will all work.

2.            DURATION

        This contract will be deemed to have commenced on the connection date stipulated in the Agreement “(the Connection Date”) or the date of the   actual connection, whichever is the earlier, and will endure on a month-to-month                 basis. When the contract wants to be terminated, billing will be   worked out pro rata for the month until the day of disconnection.

3.            PAYMENT OF CHARGES

        The Client undertakes, as consideration for the provision of Services, to make payment of the charges as specified in the Agreement, (hereinafter collectively referred to as the “Charges”

4.            TERMS AS FOLLOWS

4.1            The first month’s airtime and/or connection fees on the signature hereof.

4.2            All subsequent Airtime charges will be paid on or before the SEVENTH day of each subsequent month following the Connection Date and in advance. (Express NW t/a NWISP has committed to pay its bandwidth fees in                   advance)

4.3            All other charges or C.O.D. unless otherwise agreed to.

4.4            All charges will, unless Express NW t/a NWISP (or its cessionary) advises the Client to the contrary, be payable by means of a direct  debit order.

4.5            All payments in terms of this contract shall be made free of bank or other charges at Express NW t/a NWISP address or at such other place as Express NW t/a NWISP or its cessionary may direct in writing.

4.6            The Client shall not be entitled to withhold any payment for any reason whatsoever and neither shall the Client be entitled to claim a remission of subscriber fees.

5.            USE OF THE SYSTEM

        The Client should be aware of the current statutory provisions relating to the use of the service via the Subscriber Equipment. In addition, the Client agrees:

5.1             The equipment is purchased from Express NW t/a NWISP and shall remain the property of Express NW t/a NWISP until the full amount of installation is paid.

5.1            Not to use or allow others to use the Service for any improper, immoral, or unlawful purpose.

5.2            To comply with any reasonable instructions issued by the Network Operator/Service Provider related to the use of the Service and Subscriber equipment.

5.3            To provide Express NW t/a NWISP with all such necessary information as may reasonably be required.

5.4            To use only Subscriber equipment approved for use on the Network; Not to act or omit to act in any way which damages or impairs the quality of the Network; Not to jeopardize the licenses granted to the Network Operator by using the Network contrary to end-user instructions as published by the Network Operator from time to time. Hosting illegal, pornographic or other offensive websites is forbidden. Using this service   to conduct illegal, offensive or SPAM business is forbidden.

5.5            Publishing illegal or offensive content in any way, FTP, web, e-mail, VOIP service or by any other means, using this network is forbidden.

5.6            Express NW t/a NWISP reserves the right to: a) Immediately block offenders, b) Cancel this contract, c) Institute legal action against offenders.

5.7            Peer to Peer Networking (Kazaa; Bearshare etc…) is highly restricted on the network, both locally and by third party bandwidth suppliers.  Port shaping is done to enforce this, i.e., speed will be greatly reduced or not available at all for these types of applications.

 6              LIABILITY OF THE NETWORK OPERATOR / SERVICE PROVIDER

        Express NW t/a NWISP shall not be liable to the Client for any costs, damages or losses incurred or sustained by the client and arising from any defect in the operation of the Network, or the suspension of operation of the system.           In no event will Express NW t/a NWISP be liable for any  incidental or consequential loss or damages resulting from any failure or suspension of operation of the Network, or interference with the service.

7              CLIENT INDEMNITY

        The Client agrees to indemnify and hold Express NW t/a NWISP harmless in respect of any claims, costs, losses or damages sustained or   

        incurred by the Service Provider in relation to any claim brought by any client to the network, or any other network operator, or any other person  

        in respect of any defect or failure in the network arising directly or indirectly from any non-compliance with the terms and conditions of this  agreement.

8              CESSION

8.1            Express NW t/a NWISP shall be entitled to cede and transfer all or some of its rights in terms of this contract.

8.2            The Client shall not be entitled to or have the right to cede or to delegate its rights and obligations in terms of this contract unless               

              express written agreement is given by Express NW t/a NWISP.

9              INCREASE IN TARIFFS

        Express NW t/a NWISP may alter the charges at any time subject to giving the client 30 (thirty) days’ notice, in response to tariff revisions.

10            DOMICILIUM CITANDI ET EXECUTANDI

10.1          The parties choose as their domicillia citandi et executandi for all purposes under this contract, whether in respect of court process,            

                notice or other documents or communication of whatsoever nature, the addresses stated in the Agreement.

10.2          The client undertakes and shall be obliged, whether it gives notice under this clause or not, to advise Express NW t/a NWISP of any

                change of its particulars contained in the Information Schedule.

11           VARIATION

        The parties agree that this contract is the entire agreement between them.  No variations hereof, the waiver of any right, the release from any       

         obligation or consensual cancellation hereof shall be of any fore or effect unless reduced in writing and signed by the parties.

12            COSTS

12.1          The Client shall on demand pay all expenses actually incurred by Express NW t/a NWISP either on behalf of the client or because of the client’s non-compliance with any provisions of this contract, including tracing costs,                    all legal costs calculated on the scale as  between attorney and its own client on the wider basis.

12.2          Express NW t/a NWISP will not be held liable for any costs regarding natural disasters (fire, thunder, water damage, wind damage etc) or power surges. Any repairs or replacement of equipment caused by                    natural disasters, will be at the cost of the client.

12.3          Express NW t/a NWISP will not be held liable for any costs regarding theft, looting or any damage inflicted by the client himself.  Any repairs or replacement of equipment caused by mentioned causes, will be at the cost of                  the client.

13            TERMINATION

        Without prejudice to any other rights and remedies that Express NW t/a NWISP may have against the client, Express NW t/a NWISP may terminate this Agreement immediately by written notice.

13.1          If the Client fails to comply with any of the terms and conditions of this Agreement.

13.2          Or if the Client does or omits to do anything which in reasonable opinion of Express NW t/a NWISP jeopardizes or impairs the quality of the Network.

13.3          Or if the licenses to operate the Network are revoked, terminated, or varied.

13.4          Or if the client commits any act of bankruptcy or if a petition or receiving order in bankruptcy is presented against the Client, or if a resolution is presented against the Client, or if a resolution to wind up is passed or a                         receiver appointed over the Client’s assets.  Upon termination of this Agreement, the subscriber shall be disconnected from the Network and the Client shall pay on demand total amounts due at the time of disconnection.                   Furthermore, the client shall remain liable for all service fees up and until such time as the frequencies have been removed from his equipment.

13.5          The client understands and acknowledges that even if the agreement has been terminated as in clause 2, the monthly billing will be   workout out pro rata until the day of disconnection, and client will be responsible to pay                  for services up until disconnection date.

14            SUSPENSION/DISCONNECTION/RE-CONNECTION

        Express NW t/a NWISP may without notice suspend the service and/or disconnect the subscriber from the network during the period of a technical failure or modification of the network; or if the client commits a breach of any terms of this Agreement, or if the client does or omits to do anything which in the reasonable opinion of the Network Operator jeopardises or impairs the quality of the network. If such is occasioned by   an act of omission of the Client or related Subscribers, the Network Operator shall have the right to levy a reconnection charge.

15            ADDITIONAL EQUIPMENT

        The master of this agreement being the schedule of the Client will be updated automatically by the Express NW t/a NWISP.  Any additional equipment purchased or upgrades on service options by the client will, with effective proof         of Express NW t/a NWISP’s Invoice/Delivery Note/Job Card at date thereof be added to the schedule of the client.  This will increase service fee payments by standard ruling tariff rates.  These additions and adjustments will not in            any way invalidate this existing agreement.

16           PROCESSING OF PERSONAL INFORMATION

The Company undertakes to process the personal information of the Consumer only in accordance with the condition of lawful processing as set out in terms of the POPI Act and in terms of the company privacy notice, available to the Consumer on request and only to the extent that it is necessary to discharge its obligations and perform its duty as a Supplier and within the framework of the relationship as is required by South African law.

The Consumer acknowledges that the collection of personal information is both necessary and requisite as a legal obligation, which falls within the scope of execution of the legal function and obligations of the Supplier.

The Consumer irrevocably and unconditionally agrees:

1.    That he/she is notified of the purpose and reason for the collection and processing of such personal information in so far as it relates to the Suppliers’ discharge of its obligations and to perform its function as a Supplier.

2.    That he/she consents and authorises the Supplier to undertake the collection, processing, and further processing of the Consumers’ personal information by the Supplier, for the purpose of securing and further facilitating the Consumer’s relationship with the Supplier. Without derogating from the generality of the aforementioned, the Consumer consents to the Supplier’s collection and processing of personal information pursuant to the Internet, E-mail and Interception Policies in place insofar as personal Information of the Consumer is contained in relevant electronic communications.

3.    To make available to the Supplier all necessary personal information required by the Supplier for purpose of securing and further facilitating the Consumer’s relationship with the Supplier.

4.    To the disclosure of his/her Private Information by the Supplier to any third party, where the Supplier has a legal or contractual duty to disclose such personal information. The Consumer further agree to the disclosure of his/her personal information for any reason, permitting the Supplier to carry out or comply with any business obligation the Supplier may have or to pursue a legitimate interest of the Supplier or their employees where emergency instances dictates such disclosure and accordingly Supplier to perform its business on a day-to-day basis.

5.    To the extent that he/she is exposed to or insofar as personal information of other Consumers or third parties have been disclosed to him/her, the Consumer hereby agree to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to this personal information of third parties or Consumers.

6.    To consent and authorise the Supplier to transfer his/her private information outside of the Republic of South Africa for any legitimate business purpose of the Supplier. The Supplier undertakes not to transfer or disclose his/her private information unless it is required for its legitimate business requirements and shall comply strictly with legislative/statutory requirements and limitations in this regard.