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Installation Terms & Conditions

  1. INSTALLATION OF CCTV SYSTEM

1.1       WIRES AND WIFI(PTY) LTD. must carry out the CCTV System Installation during Normal Working Hours (Or as arranged otherwise) with all reasonable skill and care and perform the work in a workmanlike and professional manner.

1.2       Title to any part or parts of the CCTV System purchased by the Customer will pass upon delivery. Until payment is received in full, the Customer must:
(a) Pay full outstanding amount on completion of work as was specified in accepted quotation.

(b) until such time maintain such part or parts of it in good order and condition; and
(c) if payment is not made within 7 days of the due date, the Customer irrevocably authorizes WIRES AND WIFI(PTY) LTD. to enter its Premises and agrees that WIRES AND WIFI(PTY) LTD. is entitled to take possession of the part or parts without any liability to the Customer.

1.3       The Customer acknowledges and agrees that all cutting of ways, excavation, cable trenching, provision of 240V mains power connections, cable installation, alterations to existing equipment, interfacing with fire, heat or detection systems and lifting equipment required to work at heights are not included in the CCTV System Installation unless specified in the Offer.

1.4       WIRES AND WIFI(PTY) LTD. will not be responsible for any disruption of a network, software or equipment of the Customer caused by the impact of the interface, integration or addition of the CCTV System supplied by WIRES AND WIFI(PTY) LTD..

1.5       The Customer shall make the Premises available and in such form as to allow WIRES AND WIFI(PTY) LTD. to commence CCTV System Installation by the date specified in the Offer. The Customer agrees to ensure that the Premises must at all times be a safe working environment and (without limitation) will not contain asbestos or similar hazards. This Agreement is based upon WIRES AND WIFI(PTY) LTD. having free and uninterrupted access to the Premises at all times, and on the CCTV System being capable of being installed in a continuous sequence. Should restricted access force WIRES AND WIFI(PTY) LTD. to cease or suspend work and/or leave the Premises and return to Premises at a later time, the reasonable costs of doing so may be added by WIRES AND WIFI(PTY) LTD. to the Fees.

1.6       The Customer shall provide adequate facilities at the Premises at no cost to WIRES AND WIFI(PTY) LTD. Where required and not otherwise stated, these shall include parking facilities, Premises power, Premises lighting.

1.7       In the event that WIRES AND WIFI(PTY) LTD. has agreed to carry out the CCTV System Installation based on information provided by the Customer in relation to the condition of the Premises and WIRES AND WIFI(PTY) LTD. has quoted on the basis of such advice, any unanticipated problems that might arise on the Premises involving extra work or materials may result in WIRES AND WIFI(PTY) LTD. increasing the Fee specified in the Offer.

1.8       Minor building works including trenching, backfilling and restoration, provision of penetrations, making good, flashing, chasing, console and joinery work, provision of mounting brackets and foundation plinths are to be performed by others at no cost to WIRES AND WIFI(PTY) LTD..

1.10     If WIRES AND WIFI(PTY) LTD. is delayed in reaching completion of the CCTV System Installation by the date agreed between the parties as a result of a delay which is outside its reasonable control then WIRES AND WIFI(PTY) LTD. shall be entitled to a reasonable extension of time to complete the CCTV System Installation.

1.11     Should WIRES AND WIFI(PTY) LTD. be delayed in carrying out its work by delays caused by acts or omissions of the Customer, its servants or agents, any contractors or consultants engaged by the Customer or any head contractor or other party to which the Customer has contracted with, then WIRES AND WIFI(PTY) LTD. shall be entitled to claim the reasonable costs of the delay from the Customer, and the amount shall be a debt due and owing to WIRES AND WIFI(PTY) LTD..

1.12     The Customer may, before completion of the CCTV System Installation, request WIRES AND WIFI(PTY) LTD. in writing to vary the scope of the work involved in the CCTV System Installation which WIRES AND WIFI(PTY) LTD. may, at its sole discretion choose to accept. WIRES AND WIFI(PTY) LTD. will provide a quotation for the proposed variation, and shall advise in writing the revised Fee, any time extension necessary and the technical impact of any proposed variation. Variations shall be priced by WIRES AND WIFI(PTY) LTD. employing standard price lists or reasonable rates or prices, and shall include an amount for any design costs, management costs, overheads and profit.

1.13     WIRES AND WIFI(PTY) LTD. may substitute products or equipment offered as part of the CCTV System with technically equivalent or superior products provided that the Customer has been informed by WIRES AND WIFI(PTY) LTD. and accepts in writing the alternative product offered prior to its supply.

1.14     Notwithstanding clause 10, WIRES AND WIFI(PTY) LTD. may terminate the CCTV System Installation at any time by providing seven (7) days written notice to the Customer.

  1. ADDITIONAL SERVICES

2.1       If the Customer asks WIRES AND WIFI(PTY) LTD. to provide Additional Services and Wires And Wifi(PTY) Ltd. agrees, the terms of this Agreement apply to the Additional Services and the Customer must pay for the Additional Services at the following rate(s):

(a) if WIRES AND WIFI(PTY) LTD. has quoted an amount before providing the Additional Services, the amount quoted; and

(b) if WIRES AND WIFI(PTY) LTD. has not given any quote, an amount calculated for the Additional Services provided at WIRES AND WIFI(PTY) LTD.’s standard rates for such Additional Services applicable at that time.

  1. WARRANTY

3.1       The CCTV System supplied by WIRES AND WIFI(PTY) LTD. to the Customer under this Agreement is covered by a warranty which shall commence at the completion of the CCTV System Installation for a period of twelve (12) months.

3.2       During the Warranty Period any CCTV System equipment which proves to be faulty will be repaired or replaced by WIRES AND WIFI(PTY) LTD. at its option and at its expense.

3.3       The parties agree that when evaluating a claimed defect of the CCTV System, due allowance shall be made for fair wear and tear of any equipment supplied as part of the CCTV System. Should the Customer or any other party attempt to carry out repairs, mal-operate the CCTV System, or modify it in any way during the Warranty Period without WIRES AND WIFI(PTY) LTD.’s permission, WIRES AND WIFI(PTY) LTD. shall be relieved of its obligations under the warranty provisions.

3.4       In addition, the warranty does not cover work required to be done to repair a defect or damage which is caused by the Customer’s negligence, fault, neglect, abuse or incorrect use of the CCTV System equipment or caused by circumstances outside WIRES AND WIFI(PTY) LTD.’s control or the control of the manufacturer including as a result of vandalism, fire, water damage, power surge or other act of God.

3.5       Equipment connected to any of the Customer’s existing systems may, at WIRES AND WIFI(PTY) LTD.’s reasonable discretion, be excluded from WIRES AND WIFI(PTY) LTD.’s obligations under the warranty.

3.6       Work under the warranty provisions shall be carried out during Normal Working Hours.

 

  1. INTELLECTUAL PROPERTY

4.1       WIRES AND WIFI(PTY) LTD. retains all rights, title and interest subsisting in any design(s), documentation, diagrams or plans and other information and materials (“WIRES AND WIFI(PTY) LTD. Materials”) supplied to the Customer for the purposes of carrying out the Services under this Agreement.

4.2       Where the Customer supplies any design(s), documentation, diagrams or plans and other information and materials (‘Customer Materials’) under this Agreement, the Customer retains all right, title and interest in such Customer Materials but grants to WIRES AND WIFI(PTY) LTD. a perpetual, irrevocable, royalty free non-exclusive license to use, reproduce and modify the Customer Materials to enable WIRES AND WIFI(PTY) LTD. to fulfill its obligations under this Agreement. The Customer agrees to accept full responsibility for all Customer Materials provided to WIRES AND WIFI(PTY) LTD. under this Agreement and agrees to indemnify WIRES AND WIFI(PTY) LTD. for any action, claim, liability, cost or expense arising out of any threatened or actual infringement of intellectual property rights arising out of the use by WIRES AND WIFI(PTY) LTD. of the Customer Materials.

 

  1. DISPUTE RESOLUTION

5.1       The parties agree that they must initially use all reasonable endeavors to resolve any dispute arising under this Agreement within 10 business days of a party being advised by written notice of such a dispute.

5.2       In the event that the parties are unable to resolve the dispute within that time frame they must refer the dispute to an executive officer from each party to resolve. The parties will again use all reasonable endeavors to resolve the dispute within a further 10 business days or   such other reasonable period agreed between the parties.

5.3       If the dispute is not resolved in accordance with clause 11.2, the parties may either agree to refer the matter to mediation or some other form of alternative dispute resolution or commence legal proceedings.

 

  1. GENERAL

6.1       This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing All other terms and conditions are excluded to the fullest extent permitted by law including any terms and conditions which the Customer might seek to impose.

6.2       The terms, provisions and conditions of this Agreement may only be varied by agreement in writing between the parties.

6.3       No right under this Agreement will be deemed to be waived except by notice in writing signed by each party and any failure by WIRES AND WIFI(PTY) LTD. to enforce any clause of this Agreement, will not be construed as a waiver of WIRES AND WIFI(PTY) LTD.’s rights under this Agreement.

6.4       Should any part of this Agreement for any reason be held to be invalid, unenforceable or illegal, such judgment or holding will not affect, impair or invalidate the remainder of this Agreement but shall be confined in its operation to the part of this Agreement directly involved in
the matter or proceeding and the remainder of this Agreement will remain in full force and effect.

6.5       The Agreement is entered into subject to satisfactory credit approval of the Customer by WIRES AND WIFI(PTY) LTD..

 

The Supersonic FTTH Terms and Conditions

  1. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic”) will have towards Customers and other persons.
  2. These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
  3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
  4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
  5. The Customer must read these Terms and Conditions. Utilization of the Supersonic Fibre-to-the-Home Services (Supersonic FTTH) will constitute as agreement to comply with these Terms and Conditions.
  1. The Supersonic Fibre to the Home Service
    1. Supersonic FTTH is offered as a broadband best-effort service subject to natural contention in the network.
    2. The service is offered as an uncapped service without traffic shaping, and without quality of service (“QoS”) implementation.
    3. The base FTTH offer will only include Layer 3 internet access and support general consumer grade value added services including but not limited to voice services.
    4. Line speed offerings will be subject to those provided by the underlying Fibre Network Operator (“FNO”) on which the order is placed.
    5. In addition to these Terms and Conditions, the use of Supersonic FTTH is subject to the following:
      1. Supersonic General Terms and Conditions;
      2. Supersonic Privacy Policy
      3. Supersonic Acceptable Use Policy;
      4. Terms and Conditions specific to a price plan; and
      5. Terms and Conditions applicable to a specific promotion.
    6. The abovementioned terms and conditions, and policies are available and accessible on www.supersonic.co.za/Pages/Termsandconditions.aspx.
    7. Supersonic can only provide Fibre services in an area where there is MTN Fibre network; or where Supersonic has partnered with an FNO.
    8. Where Supersonic has partnered with an FNO, the provision of the Supersonic FTH service is subject to the FNO verifying the coverage details after the order has been placed with Supersonic.

      Supersonic FTTH consists of the residential price plans available on www.supersonic.co.za/Pages/ViewProducts.aspx for residential customers requiring a FTTH services in qualifying Supersonic Territories, available as of 22 August 2019.

  2. Placing of Orders
    1. Customers can place orders for Supersonic FTTH either online, through the Supersonic website, or through an authorised representative of Supersonic.
    2. All orders, placed online or through an authorised representative, are subject to acceptance by Supersonic.
    3. The acceptance of the order will depend on, amongst others, the correctness of the product related information reflected on the order; the availability of Fibre network in the specified location; credit vetting and receipt of payment or a payment authorisation.
    4. As the service is intended for residential use only, orders placed in the names of juristic persons i.e. businesses and trusts, will not be allowed.
    5. The Supersonic order process makes provision for a feasibility and coverage check. Supersonic will not allow an order to be placed without a successfully validated coverage check.
    6. Supersonic reserves the right to obtain information regarding the Customer’s credit worthiness from third parties i.e. credit bureaus and authorised agents, after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.
    7. The order is accepted when the customer’s Supersonic FTTH Account is activated.
  3. Service Activation
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic FTTH Account being activated.
    2. RICA requires the customer to provide full names, surname, identity document number and residential address together with the relevant supporting documents, to a RICA Officer.
    3. The activation of the service is subject to the Customer accepting Supersonic’s latest terms and conditions.
  4. Contract Commencement and Duration
    1. The Supersonic FTTH contract commences on the date of activation.
    2. The Supersonic FTTH contract will remain in force on a month-to month basis.
    3. Customers who sign up for Supersonic FTTH have the right to a cooling off period of five (5) days from the day of service activation. During this period, the consumer may cancel the Supersonic FTTH contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of installation cost.
  5. Installation, Equipment and Connectivity
    1. Supersonic will supply a Wi-Fi router to the Customer on a free-to-use basis. This means that the Customer must return the equipment upon cancellation of Supersonic FTTH.
    2. Ownership of the Wi-Fi Router will remain with Supersonic for the duration of the Supersonic FTTH contract.
    3. The risk of loss, damage or theft of the Wi-Fi Router will transfer to the Customer upon delivery of the equipment. Where a Customer loses, damages the equipment, or the equipment is stolen, he will be liable to pay the replacement value of the equipment at the time of loss, damage or theft. Supersonic will provide another device and reserves the right to provide a refurbished device.
    4. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) to provide its FTTH services.
    5. Customers may make use of their own devices but may be subject to limited support as a result of limitations in compatibility with Supersonic systems.
    6. Where Customers elects to use their own equipment and devices, the customer must maintain and operate compatible equipment and devices required to access the Supersonic services. To that end, Supersonic makes no warranties, either expressed or implied, regarding such customer equipment.
    7. Supersonic undertakes to provide standard connectivity and installation at no charge, subject to the Customer maintaining Supersonic FTTH for a period of 24-months (“clawback-period”). Supersonic reserves the right to recover the remaining balance of the cost of the standard installation and activation if the Customer cancels Supersonic FTTH within 24-months of activation.
    8. Where a customer requires non-standard installation, the customer will be liable for the additional costs of installation. These additional costs will be specified in the quotation prior to commencement of installation and must be settled prior activation.
    9. Installation and connectivity costs are determined by the FNO. The Customer will be advised of the cost prior to activating the Customer Supersonic FTTH Account.
    10. The Customer will be required to grant Supersonic field service agents and their representatives access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that he has obtained all necessary consent and authorisations, including planning permission where required, from landlords, tenants and other occupants.
    11. The Customer accepts that cabling, mounts, poles, conduits and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed-off. This excludes network equipment like infrastructure provider installed Optical Network Terminal (“ONT”). It is the customer’s responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.
    12. Equipment supplied by Supersonic carries a warranty for defects that render the equipment that render it reasonably unsuitable for the purpose it is generally intended.
    13. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moister intrusion.
    14. If equipment supplied by Supersonic becomes defective:
      1. the Customer must return the equipment to Supersonic.
      2. Supersonic will have the equipment repaired or replaced.
    15. Supersonic reserves the right to replace equipment with refurbished equipment.
    16. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
  6. Billing and Payment
    1. Subject to the conditions in clauses 3.1, 3.2 and 3.3 above being met, billing of the Supersonic FTTH account will be triggered once the services have been installed and tested, including instances where a pre-configured router has been couriered to a Customer to perform a self-installation.
    2. Supersonic will bill the customer for monthly subscription charges in advance from the time the service has been activated.
    3. Where a Supersonic FTTH Account is activated before the end of a billing cycle, the Customer will be liable for pro-rated subscription.
    4. The Customer will be billed in advance for any additional hardware and services
    5. The Customer must pay amounts due into Supersonic’s bank account within 21 business days of the invoice date.
    6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customer carries the risk of payment until Supersonic receives payment into their account.
    7. Supersonic reserves the right to charge a debit order fee of R 11,50 (excluding VAT) for each unsuccessful debit order transactions.
    8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
  7. Suspension Rules
    1. Supersonic reserves the right to suspend billing and radius provisioning, with notice to the Customer, if Supersonic has not received payment in full.
    2. Where a Customer’s account has been suspended, he will not have access to the internet.
    3. A suspended Supersonic FTTH Account may be reactivated subject to payment of the full outstanding amounts due and a re-connection fee which is equivalent to the FNO activation charge.
    4. Where suspension continues for a period of 60 consecutive days or more, Supersonic reserves the right to deactivate the Supersonic FTTH Account subject to the FNO’s deactivation rules.
    5. A Customer may not request for his Supersonic FTTH Account to be suspended whilst he is in contract as Supersonic does not allow any kind of payment holiday arrangement.
  8. Migration Rules
    1. Customers may upgrade their services to higher priced packages at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.
    2. Customers can upgrade without a charge for the first upgrade. Subsequent upgrades will be charged at the prevailing FNO Regrading Rates.
    3. If a Customer has already received promotional value (such as free installation), he will not be eligible to receive additional promotional value when he upgrades to a service package offering the same promotional value.
    4. Where a Customer upgrades to a package offering different promotional value, Supersonic reserves the right to recover the balance of the cost of the promotional value on the old package before any new promotional value can be provided to the Customer.
    5. Customers may downgrade their services to a lower priced package at the same premises, subject to a payment of the applicable FNO Regrading Rate, effective from the next billing date. The Customer must give notice to Supersonic of his intention to downgrade on or before the 20th of the month prior to the intended effective date of the downgrade.
    6. Supersonic reserves the right to recover the remaining balance of any promotional value given to the Customer upon downgrade.
  9. Relocation Rules
    1. Customers may relocate their services from one premises to another, within the same residential area, on the Supersonic Fibre Network, subject to the following conditions:
      1. The Customer will not be eligible to receive additional promotional value (including but not limited to, standard installation) if the Customer is still within the claw-back period.
      2. If relocation takes place within an existing claw-back period, the agreement will remain in place for the initial term and no additional promotional value will be given.
      3. If new infrastructure is required for the services to be installed, Supersonic will recover the remaining balance of the promotional value and new claw-back period will commence in respect of the installation costs.
    2. Customers may relocate their services from one premises to another either on: a different Fibre network; or on the same Fibre network other than the Supersonic Fibre Network, subject to the following conditions:
      1. The initial Supersonic FTTH contract will be terminated subject to cancellation rules set out in clause 11 below.
      2. If the Customer is relocating to an area on a new Fibre network, he must elect a Fibre package equivalent to the one he has.
      3. If the Customer is relocating to an area on the same Fibre network, he will be defaulted to his current package automatically.
      4. A new order will be created for the new premises and all the rules applicable to orders, as set out in clause 2 above, will apply.
    3. Where a Supersonic technician is dispatched to install and/or reconfigure any devices as a result of a service relocation, the Customer will be liable for a Call-Out Charge on the prevailing rates.
  10. Transfer of Ownership
    1. Customers may transfer their Supersonic FTTH Accounts to another person subject to the following:
      1. both parties need to approach a RICA Agent to initiate the change of ownership process as per RICA;
      2. all outstanding amounts including amounts that Supersonic is entitled to recover during the claw-back period, must be settled by the Customer; and
      3. the transfer of the Supersonic FTTH Account is subject to the new Customer accepting Supersonic’s latest terms and conditions.
  11. Cancellation Rules
    1. The Customer may cancel Supersonic FTTH at any time by giving Supersonic notice of one calendar month.
    2. The notice must be communicated via e-mail to cancellations@supersonic.co.za or info@supersonic.co.za
    3. Supersonic reserves the right to recover any outstanding amounts including amounts recoverable in respect of promotional value received within the clawback-period and the value of any lost or damaged equipment (replacement value at the time of cancellation).
    4. The cost of promotional value is recoverable over 24-months and the remaining balance of promotional value is recoverable within the Clawback period as follows:

      Cost of promotional value (Installation and Activation Cost) / 24 X Remaining months of the Clawback-period

    5. Supersonic will instruct the relevant FNO to release the line only once the Supersonic FTTH Account has been settled in full.
  12. Service Interruptions and Support
    1. As a result of the nature of the GPON Fibre network, and the reliance on Open Access Fibre Network Operators, vendors and their partners, Supersonic is not able to offer service level agreements with the residential Fibre service. Supersonic will however, endeavour to meet the following service level commitments:
      1. critical network outages affecting an estate or suburb restored within 4 (four) business hours;
      2. major network outages affecting 100 (one hundred) or more Customers restored within 8 (eight) business hours;
      3. minor network outages affecting 10 (ten) or more customers restored within 24 (twenty-four) business hours; and
      4. individual residential Customers restored within 48 (forty-eight) business hours.
    2. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 083 200 4825 during the following time periods:
      1. weekdays between 8AM and 8PM; and
      2. weekends and public holidays between 8Am and 5PM.
    3. Where a call out can be attributed to a fault caused by the Customer, the customer will be charged a call out fee.
  13. Changes to the Service and, Terms and Conditions
    1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
    2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
    3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
    4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
  14. Limitation of Liability
    1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
      1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
      2. The suspension, interruption or cancellation of Supersonic FTTH through no negligent or failure by Supersonic (and its representatives and agents).
      3. The legal suspension of the Customer’s Supersonic FTTH.
      4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
      5. The Customer’s use of any equipment supplied to him by Supersonic.
    2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic FTTH contract.
  15. Complaints Handling Procedure
    1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
    2. Complaints can be communicated via email and on our social media pages.
    3. Supersonic will endeavour to acknowledge your complaint within 48 hours and provide the Customer with a reference number.
    4. Supersonic will endeavour to investigate and provide feedback on the complaint within 14 working days.
    5. If the Customer is not satisfied with the resolution of the complaint, he has the right to refer the matter to:
    6. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
    7. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za.

The Supersonic F-LTE Terms and Conditions

  1. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Supersonic FTTX Proprietary Limited (referred to as “Supersonic”) will have towards Customers and other persons.
  2. These Terms and Conditions also limit and exclude Customers rights and remedies against Supersonic and place various risks, liabilities, obligations and legal responsibilities on Customers.
  3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Supersonic may also have claims and other rights against Customers.
  4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
  5. The Customer must read these Terms and Conditions. Utilization of the Supersonic Fixed-LTE Services (Supersonic F-LTE) will constitute as agreement to comply with these Terms and Conditions.
  1. Introduction
    1. The Supersonic F-LTE service is a residential fixed broadband service utilising LTE spectrum on MTN South Africa’s mobile network to deliver fast internet connectivity to the home.
    2. Supersonic F-LTE is a fixed broadband service that will be offered as a stand-alone product to Supersonic Customers who reside within MTN Fixed-LTE coverage areas.
    3. The Supersonic F-LTE service will only be available on LTE technology, it will not fall back to 3G or 2G technology.
    4. Supersonic F-LTE service will only provide a public dynamic IP address, and no fixed IP address VAS is allowed.
    5. Supersonic F-LTE service does not support traditional mobile voice, SMS and USSD services.
    6. The Supersonic F-LTE service makes use of a Supersonic private APN (ws.supersonic.fwa) which the Customer may need to manually configure on to the router.
    7. Supersonic can only provide F-LTE services in an area where there is MTN SA Fixed LTE coverage.
    8. The provision of the Supersonic F-LTE service is subject to the verification of the coverage after the order has been placed with Supersonic.
    9. In addition to these Terms and Conditions, the use of Supersonic F-LTE is subject to the following:
      1. Supersonic General Terms and Conditions
      2. Supersonic Privacy Policy
      3. Supersonic Acceptable Use Policy;
      4. Terms and Conditions applicable to a specific promotion.
      5. The abovementioned terms and conditions, and policies are available and accessible on supersonic.co.za/Pages/Termsandconditions.aspx.
    10. This Supersonic F-LTE offer will available from the 13th of December 2019 and until Supersonic in its sole and absolute discretion elects to discontinue the service.
  2. What the Price Plan entails
    1. The Supersonic F-LTE service is offered as a capped data product, and Supersonic will not allow any Out-Of-Bundle data usage or charging.
    2. The Supersonic F-LTE price plans will receive both Anytime Data and Night Express Data (same volume for both). The Night Express Data is available for use between 00:00 – 05:59 only.
    3. The standard inclusive (Anytime and Night Express Data) that remains unused at the end of a billing cycle will carry over once. The Customer will not be allowed to exceed more than 2 times the inclusive value at the beginning of a bill cycle.
    4. The unused Top-Up value purchased from self-service channels – will carry over once.
    5. The Supersonic F-LTE data with the earliest expiry will deplete first, in the following sequence:
      1. Night Express Data (only between 00:00 and 05:59)
      2. Unused Top-up data
      3. Monthly any-time data rolled over from the previous month
      4. Monthly any-time data allocated for that month
    6. Supersonic F-LTE inclusive value and Top-Up value can only be transferred between Supersonic F-LTE accounts/users.
  3. Placing of Orders
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
    2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
    3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
    4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
    5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
    6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
  4. Service Activation
    1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Supersonic F-LTE Account being activated.
    2. As per RICA, a Customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card.
    3. Supersonic will allow the service to be activated when there is compliance with RICA. Service Activation may take between 2 (two) and 24 (twenty-four) hours after Supersonic has received the RICA documents from the RICA officer.
    4. SIM cards will be locked to a Supersonic approved range of devices. If other devices are used, those devices will not be recognised by or register on the Supersonic F-LTE network.
    5. SIM cards will be locked to the location for which the application was placed and will not register to the Supersonic F-LTE network if used in a different location.
    6. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service.
  5. Contract Commencement and Duration
    1. The Supersonic F-LTE contract commences on the date of activation.
    2. The Supersonic F-LTE SIM-only contract will remain in force on a month to month basis until terminated by either party.
    3. Customers who sign up for Supersonic F-LTE have the right to a cooling off period of five (5) days from the day of service activation.
    4. During this period, the consumer may cancel the Supersonic F-LTE contract (for whatever reason) without penalty, subject to returning all hardware received as part of the agreement and the payment of SIM, delivery and activation cost.
  6. Installation, Equipment and Connectivity
    1. The Customer will be provided an approved Supersonic router on a free-to-use basis with each Supersonic F-LTE package.
    2. The delivery and SIM card will be provided free of charge.
    3. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment.
    4. Customers will be liable to pay Supersonic the replacement value of the router at the time, in the event of loss or theft, thereof.
    5. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately, and to request Supersonic to suspend such SIM Card.
    6. Supersonic will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its F-LTE services.
    7. Equipment supplied by Supersonic carries a warranty for defects for a period of 12 (twelve) months.
    8. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.
    9. If equipment supplied by Supersonic becomes defective:
      1. the Customer must return the equipment to Supersonic.
      2. Supersonic will have the equipment repaired or replaced.
    10. Supersonic reserves the right to replace equipment with refurbished equipment.
    11. Faulty SIM cards will be replaced at no charge within the first 12 (twelve) months.
    12. Supersonic will not perform any SIM-swaps
    13. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced.
  7. Billing and Payment
    1. Subject to the conditions in 4 above being met, billing of the Supersonic F-LTE account will be triggered once the SIM card has been activated.
    2. Supersonic will bill the Customer for monthly subscription charges in advance from the time the service has been activated.
    3. Where a Supersonic F-LTE Account is activated before the start of the next billing cycle, the Customer will be not liable for pro-rated subscription charges, but will be allocated a pro-rated volume of data.
    4. The Customer will be billed in advance for any additional hardware and services, including Top-Up data purchases.
    5. The Customer must pay amounts due into Supersonic’s bank account within 2 (two) business days of the invoice date.
    6. If a Customer pays by debit order or other electronic means, his bank or third party is his agent. The Customers carries the risk of payment until Supersonic receives payment into their account.
    7. Supersonic reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions.
    8. Where 2 consecutive debit orders are unsuccessful, Supersonic reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
  8. Suspension Rules
    1. Supersonic reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if Supersonic has not received payment in full.
    2. Where a Customer’s has been suspended, he will not have access to the internet unless there is a carry-over of data which has not expired.
    3. A suspended Supersonic F-LTE Account may be reactivated subject to payment of the full outstanding amounts due.
  9. Migration Rules
      li>Customers will not be allowed to migrate from a Supersonic F-LTE price plan to any MTN tariff plan and vice-versa.
    1. Supersonic F-LTE Customers may migrate to other Supersonic services like Fibre to the Home subject to the applicable FTTH price plan terms and conditions including the availability of a fibre network coverage in the applicable area.
    2. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped FTTH price plans and Supersonic F-LTE price plans will forfeit all available data for the price plan migrated from.
    3. Customers will be allowed to migrate from legacy Supersonic F-LTE packages to this new Supersonic F-LTE offer subject to the cancellation clauses applicable those legacy Supersonic F-LTE packages, and will forfeit any unexpired data on those packages when migrating to this new Supersonic F-LTE offer.
    4. Customers who signed up for legacy Supersonic F-LTE packages with 24-month router contracts, will be allowed to upgrade to these packages and the router agreement will be converted to “free-to-use”. The customer will forfeit any monthly contributions to ownership of the router prior to this migration.
  10. Upgrade and Downgrade Rules
    1. Supersonic F-LTE packages will not incur penalties or charges for upgrades or downgrades.
    2. The Customer will need to notify Supersonic in writing of upgrade or downgrade requests by the 20th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs.
    3. The subscriber shall retain any applicable carry-over data accumulation when upgrading or downgrading.
  11. Relocation Rules
    1. If a Customer changes their physical location from an area with F-LTE coverage to another with F-LTE coverage, Supersonic will require an update of location in the register used for location locking on the network. Customers will be required to notify supersonic of the intention to move 30-days before moving, and supersonic will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle.
    2. Where a Customers changes locations to an area that does not have F-LTE coverage, he/she must cancel the contract. Cancellations are subject to cancellation charges for Customers on a 24-month contract.
  12. Cancellation Rules
    1. The Customer may cancel Supersonic F-LTE at any time by giving Supersonic notice of one calendar month.
    2. The notice must be communicated via e-mail to cancellations@supersonic.co.za or info@supersonic.co.za.
    3. Customers who cancel a Supersonic F-LTE service agreement will be liable to return the router to Supersonic at their cost upon cancellation, in a reasonable and working condition, or be charged the replacement value of the router at time of cancellation.
    4. Cancellation within the first six (6) months of initial activation of a Supersonic service agreement , will incur an additional charge of R600 (incl. VAT) which is amortised over the said six (6) month term.
  13. Transfer and Change of Ownership
    1. The Supersonic F-LTE Price Plan is not transferable
  14. Service: Interruptions and Support
    1. Due to the nature of the mobile network, Supersonic makes no guarantees on service quality and availability.
    2. Supersonic will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason.
    3. The Customer is ultimately responsible for his/her use of the Supersonic F-LTE service from the activation of the services. Therefore, Supersonic, will not be held liable for any loss or damage that results from the use of the services.
    4. Supersonic reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where Supersonic suspects abuse of its network, Supersonic F-LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers.
    5. The Supersonic contact centre is available on 0861 787 377 or 011 300 5800 or WhatsApp 083 200 4825 during the following time periods:
      1. weekdays between 8AM and 8PM; and
      2. weekends and public holidays between 8Am and 5PM.
    6. Where a call out can be attributed to a fault caused by the Customer, the Customer will be charged a call out fee.
  15. Changes to the Service and, Terms and Conditions
    1. Supersonic reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party.
    2. Supersonic reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice
    3. The Customer must visit Supersonic website regularly for notices, updates and/or changes to products and services.
    4. As changes will be posted on the Supersonic website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.
  16. Limitation of Liability
    1. Subject to a fixed limit, Supersonic only accepts liability for direct loss or damages suffered by the Customer, for which Supersonic is responsible for in terms of law, with the exception of loss or damages (direct or indirect) caused by:
      1. Supersonic’s failure to supply or deliver equipment or services on the required date and/or time.
      2. The suspension, interruption or cancellation of Supersonic F-LTE through no negligent or failure by Supersonic (and its representatives and agents).
      3. The legal suspension of the Customer’s Supersonic F-LTE.
      4. Any acts or omissions by Supersonic and its representatives or agents, that are beyond its control.
      5. The Customer’s use of any equipment supplied to him by Supersonic.
    2. Supersonic’s cumulative maximum liability for all claims, actions. Demands and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Supersonic F-LTE contract.
  17. Complaints Handling Procedure
    1. Supersonic has a complaints resolution procedure that aims to address any dissatisfaction with its products and services.
    2. Complaints can be communicated via email and on our social media pages.
    3. Supersonic will acknowledge your complaint within 48 hours and provide the Customer with a reference number.
    4. Supersonic will investigate and provide feedback on the complaint within 14 calendars days.
    5. If the Customer is not satisfied with the resolution of the complaint, he/she has the right to refer the matter to:
      1. The Internet Service Provider’s Association (ISPA) on queries@ispa.org.za; or
      2. the Independent Communications Authority to South Africa (ICASA) on icasa.org.za
  1. Definitions

The following Terms and Conditions document is a legal agreement between Wires And WiFi(PTY)Ltd., hereafter the “Developer”, and “the Client” for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
The Developer is an Internet web design provider offering the Client graphical design, HTML, CSS, Javascript, PHP, WordPress (and WooCommerce) and other related computer programming languages.

  1. Acceptance of Work

Quotations are valid for 30 days from the date of issue. When the Client places an order to purchase a website or website updates from the Developer, the order represents an offer to the Developer to purchase the website or website updates. No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer (or third party developer) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer regardless of whether the Client receives the invoice.

Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. The Developer is liable to withdraw from the contract at any time prior to acceptance.

Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of the specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project.

If a functional specification and a set of testing criteria are included within the quotation, the Developer is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract.

The Client agrees that the standard development platform (available upon request or at our website https://wiresandwifi.co.za/legal/) is an agreeable platform for the development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website work as part of an agreed project.

Please note: the client has the sole responsibility for adding site content. Wires And WiFi(PTY)Ltd. does not add content to a website (web pages, products etc.). Wires And WiFi(PTY)Ltd. provides the working website and a Content Management System which is designed for the client to make full use of and add material themselves. Should an agreement be made between Wires And WiFi(PTY)Ltd. and the client for the inclusion of content then the following rules apply;

  1. All content must be provided in a timely fashion. If the content is not given quickly enough then Wires And WiFi(PTY)Ltd. will complete the website and the CMS with basic templates requiring the client to add the content themselves. The project will then be treated as completed and all project fees will be owed.
  2. Once content has been added by Wires And WiFi(PTY)Ltd. then no further alterations will be made by Wires And WiFi(PTY)Ltd. All additional changes will be chargeable.
  3. Wires And WiFi(PTY)Ltd. is not responsible for proofreading the content or checking for incorrect information this is the sole responsibility of the client.
  4. Content CANNOT be taken from other websites. Wires And WiFi(PTY)Ltd. will not check if content provided is taken from other sources.
  5. Permission and Copyright

Copyright of the completed web designs, images, pages, and code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with the Developer.

These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.

The Client agrees that resale or distribution of the completed files is forbidden unless a prior written agreement is made between the Client and the Developer.

The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.

The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client.

The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.

The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google-maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

  1. Material

The Developer reserves the right to refuse to handle:
1. Any media that is unlawful or inappropriate.
2. Any media that contains a virus or hostile program.
3. Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
4. Any media that constitutes a criminal offence, or infringes privacy or copyright.

  1. Domain names and Hosting

The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third-party service.

The Client agrees that registration of a domain name does not provide an endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.

The domain name is registered in the Client’s own name, with the address and contact details of the Developer. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.

The Client agrees to take all legal responsibility for use of third-party domain name and hosting services and supply truthful details to the third party services.

The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system.

The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build.

Any support relating to the domain name, hosting and email services are between the Client and the third-party service.

Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.

The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third-party service.

The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.

Payment for a domain name and hosting services is to be made immediately upon receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.

The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Developer requires uploading the website if required as part of a project.

The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.

The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

  1. Projects

The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code.
During a website project, it is important that the Client communicates information to the Developer to achieve the required result.

All alterations are to be requested in writing either by email or postal mail by the Client. After the allocated time for alterations is used up, either in design or coding, the Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable.

If the Client requests a design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alterations.

If optimised pages are included as part of the project, the Developer will optimise the Client’s web pages that already make up part of the project. Optimised pages are not part of new pages. The optimisation of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client.

The Developer endeavours to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines.

If an error or issue with the design or code arises during the development phase of the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer can apply a nearest available alternative solution. Once a site is live (or the site is ready to go live and merely requires the customer to add content) then the project is deemed to be complete. The client has 2 months in which to provide evidence of errors caused by the Supplier, these will be reviewed and if errors are genuinely caused by the Supplier they will be put right. If errors are caused by the client (i.e. during the use of the Content Management System) then steps taken to remedy errors will be chargeable.

The Developer at all times applies reasonable skill and care in the provision of services.

On request, the Developer can create a copy of the website on one CD to be posted to the Client on project completion. A small charge will be made to cover the cost of this unless quoted otherwise.

Once the project is completed, the Developer will upload the website to the Client’s live web address if  included as part of a project.

After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. Notification MUST be given to the developer. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website.

It may also be that any third party will need to pay for any subscriptions or licenses for any software on the website.

The Developer reserves the right to assign subcontractors in whole or as part of a project if needed.

The Developer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers.

All communications between Developer and Client shall be by telephone, email, or Skype, except where agreed at the Developer’s discretion.

  1. Accessibility & Web Standards

The Developer tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at time of sale. Should the Client request that the Developer alters the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet WAI accessibility standards to Level A conformance.

The Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at the time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses WordPress (and WooCommerce) Themes or Modules, or other CMS systems that are not built by the Developer, the overall page may not meet W3C CSS standards.

The Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Internet Explorer and Mozilla Firefox. The Client agrees that the Developer cannot guarantee correct functionality with all browser software across different operating systems.

The Client agrees that, following the handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Internet Explorer and Mozilla Firefox, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, the Developer reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.

The Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.

  1. Payment Terms

Prices are subject to change without notice.

All quoted prices here are inclusive of VAT.

Payments are made on a staged basis with each stage paid in advance of any work, unless otherwise specified in a quotation or proposal accepted by the Client. All invoices must be paid in full within 7 days of the invoice date, except where agreed at the Developer’s own discretion. All payments are made on a staged basis and NO further work will commence until each staged-payment has been made, unless otherwise specified in a quotation or proposal accepted by the Client

The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client.

The Developer reserves the right to remove its work for the Client from the Internet if payments are not received.

  1. Liability and Warranty Disclaimer

The Developer provides their website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error-free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees that the Developer is not liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the developer. Therefore the developer cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.

If the client chooses not to host the website on the developers hosting solution then the developer reserves the right to not upload the website or set-it-up on the clients hosting solution, this will be the sole responsibility of the client. The client will be solely responsible for ensuring the website is functional and secure on their hosting solution. The developer will in no way be held responsible for the website or any resulting issues. Should the client allow access to their hosting for the purpose of uploading the website, fixing bugs on the website, or any other request of the developer made by the client in writing (email) then the developer will in no way be held responsible for any faults or issues occurring on the website or the clients hosting. Responsibility for any problems on their hosting solution will lie solely with the client and not the developer.

The developer is in no way responsible for the date on the client’s website. It is the client’s responsibility to backup all data.

Should the developer be replacing an existing website created by anyone else other than the developer (either on the clients or developers hosting) then the client is responsible to make suitable backups before the new website can be uploaded. Once the new website is live the developer can in no way be held responsible for the previous website.

The Developer endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale.

The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error-free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer reserves the right to quote separately for any work involved in correcting an error.

If, after handover of files, errors are found in code the Developer has created and the standard development platform, or the domain name set-up or hosting set-up has been changed, the Developer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.

Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed.

The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.

There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.

The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

  1. Indemnification

The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.

The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.

  1. Nondisclosure

The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party unless directed by the Developer.

  1. Privacy Policy

The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.

  1. Interpretation

The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds will be given in such a situation.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable by law.

Any and all matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.

This agreement shall be governed by the laws of South Africa which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges having read, understand, and accept the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.

The Developer reserves the right to alter these Terms and Conditions at any time without prior notice.

  1. Statutory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

  1. Zero-Tolerance for bad behaviour policy

Wires And WiFi(PTY)Ltd. operates a zero-tolerance policy towards bad behaviour.

The safety of our employees, clients, and visitors is an important concern to the organisation. Threats, threatening behaviour or acts of violence against employees, clients, visitors or others while on the clients or suppliers/developers property or third-party location, conducting business or receiving services from the supplier/developer won”t be tolerated. The supplier/developer reserves the right to immediately end any contract should any violations of this policy occur, and if appropriate all threatening behaviour will be reported to the authorities.

Any person who engages in violent or threatening behaviour in person, on the phone, on the Internet, Social Media, or who uses any electronic means to make a threat against a staff member, volunteer shall be in breach of the zero-tolerance policy and the supplier/developer will reserve the right to terminate any contract and if appropriate all threatening behaviour will be reported to the authorities.

Should any contract be terminated due to a breach of the zero-tolerance policy by the client then any outstanding invoices owed to the supplier/developer must be paid in full.

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