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The Legal Stuff

Terms & Conditions

 

1.        INTERPRETATION

1.1.          AGREEMENT" means this agreement duly entered into between the Sub-scriber and Wiza Solutions PTY (LTD t/a WIZA which establishes the terms and conditions under which WIZA Solutions will provide Services to the Subscriber.

1.2.         WIZA / SERVICE PROVIDER" means Wiza Solutions (Pty) Ltd, a company incorporated in the Republic of South Africa

1.3.         CHARGES" means the connection charges, monthly service charges, usage charges and any other charges pertaining to the provision of the Services and any other services provided to the Subscriber in terms of this Agreement or otherwise by notice from time to time.

1.4.        CONNECTION DATE / ACTIVATION" means the date on which the Services commence.

1.5.        COVERAGE AREA" means the physical geographic area within which the Services are provided by WIZA.

1.6.        CPE" means Customer Premises Equipment, including the antennas and communication equipment installed at a Subscribers Premises to send and / or receive a signal and may includeany other special equipment provided by the Service Provider to facilitate any future enhanced services tothe Subscriber.

1.7.         INITIAL TERM" means the contract period as indicated on the face of this Agreement, commencing on the Connection Date.

1.8.        NETWORK OPERATOR" refers to WIZA, Neotel, MTN Business, IS, Telkom, Vodacom, MTN and/or all other data and voice carriers that WIZA interconnects with.

1.9.        PREMISES" means the installation address as defined on the face of this Agreement.

1.10.       SERVICES" collectively means WIZA services, which include ancillary services related thereto which are selected and agreed upon by the Subscriber in the signed Agreement.

1.11.        SUBSCRIBER" is the Company, Close Corporation, Firm, Partnership, Body Corporate or Persons contracting to receive the Services from WIZA in terms of this Agreement.

 

2.       APPOINTMENT AND TERM

2.1.         In consideration of WIZA considering a contractual relationship with Subscriber, the Subscriber provides explicit consent for WIZA to conduct a credit bureau check to assess creditworthiness. The Subscriber understands that WIZA’s decision to contract is contingent upon the results of this check, and, at its sole discretion, WIZA may elect not to proceed if the credit report is unsatisfactory. The Subscriber acknowledges that WIZA shall not be liable for any resulting damages, and, by signing below, expressly consents to the credit bureau check.

2.2.       With effect from the date of acceptance hereof by WIZA, the Customer appoints WIZA to provide the Services.

2.3.       The Subscriber acknowledges that this Agreement constitutes an irrevocable offer by the Subscriber, which may be accepted or refused by Wiza in its sole discretion. The offer will be considered once received by WIZA at WIZA premises. Connection of the Subscriber shall be deemed to constitute commencement of the Services.

2.4.       This Agreement shall become binding between WIZA and the Subscriber once signed by WIZA.

2.5.       This Agreement shall continue for the full duration of the contract term and thereafter continue on a month-to-month basis until notice of termination is given or received by either party. All terms under Clause 17 will apply.

 

3.       THE WIZA SERVICES

3.1.         The Services are to include the routing of voice and/or data traffic over the WIZA network:

3.1.1.         Voice constitutes all national, international and mobile voice or data calls routed through the WIZA network.

3.1.2.       Data constitutes packets of data routed or managed via Mobile, Fixed-line or Wireless circuits across or through the WIZA network.

3.2.       The worldwide web "www" is not secure, and it is recommended that Subscribers implement all the necessary firewalls and software protection.

3.3.       The Subscriber shall have no claim of whatsoever nature and howsoever rising against WIZA, its service providers or partners, including no right to cancel this Agreement or to withhold payment of any monies due in terms hereof should the network temporarily or otherwise fail, malfunction, provide no or poor coverage or should any of the services or facilities provided by the Network Operators, Eskom or WIZA be temporarily unavailable.

3.4.       WIZA is exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Subscriber and/or any third party arising from such suspension, due to repairs and/or improvement work on the technical infrastructure by means of which the Services are provided. WIZA shall endeavour to give the Subscriber prior notice of any such increases or variation, but gives no undertaking in thisregard.

3.5.       The Subscriber shall not be entitled to set off or deduct any monies in respect of "dropped" or connections or temporarily unavailable services including facsimile and other services. WIZA does not make any representations, nor give any warranty or guarantee of any nature whatsoever in respect of the Services.

3.6.       All data services are "best effort" and no download speeds are guaranteed unless client subscribes to dedicated 1:1 service.

3.7.        WIZA does not warrant or guarantee that the information transmitted by the use of the Services will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.

3.8.       WIZA shall be entitled in its sole discretion to suspend, cancel, vary or terminate this Agreement or any part thereof, without Wiza incurring any liability whatsoever, in the event of non-availability of the Services or if any agreement giving WIZA access to anything relating to the Service, is suspended, cancelled, varied or terminated.

3.9.       Any request by the Subscriber to migrate from one package to another will be subject to the discretion and approval of WIZA and any migration charges where applicable, will be as per the applicable WIZA tariff plan.

3.10.      WIZA reserves the right to carry out a credit check against the Subscriber prior to acceptance of this Agreement and subsequent to carrying out of such credit check may request from the Subscriber a cash deposit or bank guarantee in a form to be approved by WIZA and issued by a bank acceptable to it or such form of security as WIZA may at its sole discretion request, provided that the total amount of any cash deposit or bank guarantee shall not exceed the total Charges which WIZA may reasonably expect the Subscriber to incur during any two (2) full billing cycles.

3.11.       If any unpaid charges incurred by the Subscriber (including Charges which have accrued but have not yet been invoiced) shall at any time exceed the amount of any initial deposit or bank guarantee provided by the Subscriber to WIZA in terms of clause 5, WIZA may request an additional amount by way of cash deposit or bank guarantee in a form to be approved by WIZA and issued by a bank acceptable to it or such form of security as WIZA may at its sole discretion request, provided that the total amount of any cash deposit or bank guarantee shall not exceed the total Charges which WIZA may reasonably expect the Subscriber to incur during any two (2) full billing cycles.

3.12.      The Subscriber acknowledges that any failure by it to comply with any request made by WIZA under Clause 3.10 shall constitute a material breach under this Agreement, which is not capable of remedy.

 

4.      SUPPLY AND USE OF CPE AND SERVICES

4.1.        The Subscriber shall be responsible for obtaining all necessary approvals and authorisations from any competent authority or body and required for the purpose of any such supply and/or delivery and/or installation and the Subscriber hereby indemnifies WIZA against any claim or liability suffered by WIZA by reason of such approval and authorisation not having been obtained.

4.2.       The Subscriber hereby warrants and undertakes in favour of WIZA that the Subscriber:

4.3.       Shall not use nor allow the Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Services.

 

5.       CHARGES

5.1.        The Subscriber shall pay to WIZA:

5.2.       Upon signed acceptance of the Services, the initial installation fee and all other introductory and hardware costs; or

5.3.       Commencement charges stipulated in this Agreement; and

5.4.       In the case of the monthly Service fees, payment for the first month to be pro-rated if applicable Arrears as and when monthly billing is passed on by the Network Operators, the total charges for the Services used and/or generated by the Subscriber during each billing period and any other charges payable in respect of the Services requested by the Subscriber or other charges levied by WIZA from time to time; and The Charges payable by the Subscriber to WIZA for the provision or facilitation of the Services shall be stipulated in any notice, directive, promotion or applicable tariff plan issued or derived by WIZA from time to time and the contents of such notice, directive promotion or tariff plan including the charges and provisions stipulated therein shall be deemed to be incorporated in this Agreement as if specifically set out herein.

5.5.       The Subscriber agrees that WIZA shall be entitled from time to time to increase or vary the Charges payable (as dictated by the networks or by extreme currency fluctuations) by the Subscriber to WIZA for the Services.

5.6.       WIZA shall endeavour to give the Subscriber prior notice of any such increases or variation, but gives no undertaking in this regard.

5.7.       WIZA’s monthly statement of Charges shall be prima facie proof of the amounts owed by the Subscriber to WIZA in terms hereof and of the other facts stated herein and should the Subscriber dispute the number, duration or amount charged in respect of any services rendered by WIZA, then the Subscriber shall bear the onus of proving that WIZA statement is incorrect in such respect.

 

6.       PAYMENT TERMS

6.1.        Should the Subscriber send any monies, cheques, orders or bills by means of the postal services, then the postal authority shall be deemed to be the agent of the Subscriber and the Subscriber shall bear all risk of loss, theft and delay in and to any such monies, cheques, orders or bills sent by post and without derogating from what is stated herein, the Subscriber shall draw all cheques, postal orders and bills payable to WIZA Solutions and marked "not transferable".

6.2.       The Subscriber agrees that payment shall only have been made to WIZA when the monies remitted by the Subscriber have been received into the WIZA bank account.

6.3.       Should any stop order or debit order payment be returned unpaid or stopped, for whatsoever reason, or should WIZA exercise its right to suspend the provision of the Services due to late or non-payment of any monies due in terms hereof by the Subscriber, then the Subscriber shall pay an administration charge of at least R200, as may be levied by WIZA from time to time for each such non-payment, suspension or any other breach of this Agreement which amount shall be liable upon demand and recoverable by WIZA.

6.4.       In the case of the monthly Service fees, payment for the first month to be pro-rated for the remaining of the month. Subsequent payments to be made monthly in advance on or before the fifth (5th) day of every month, or as per the debit order run date. Non-receipt of invoices by the Subscriber will not be considered as a valid basis for late or non-payment.

 

7.       LIABILITY

7.1.         The Subscriber agrees and acknowledges that a certificate given under the hand of a financial manager or controller of WIZA whose status and authority need not be proved shall be considered prima facie proof of the amount due and shall entitle WIZA to apply for judgement against the Subscriber and to obtain summary judgement or provisional sentence, as the case maybe.

 

8.       LIMITATION OF LIABILITY

8.1.        The Subscriber hereby indemnifies WIZA and holds Wiza harmless against any claim by any third party arising directly or indirectly out of the Subscriber’s access to or use of the Services or information obtained through the use of it, including without limitation of any claim due to the use of the Services for unlawful purposes.

8.2.       WIZA shall not be liable for any loss or damages arising out of mistakes, omissions, interruptions, delays, errors or defects in the Services, the transmission of the Services, or failures or defects in facilities furnished by WIZA, occurring in the course of furnishing Services, and liability shall in no event exceed an amount equivalent to the proportionate fixed monthly charge to WIZA for Services, during the period of time in which such mistakes, omissions, interruptions, delays, errors or defects in the Services, its transmission or failure or defect in facilities furnished by WIZA occurred.

8.3.       The Subscriber must pay WIZA for the replacement or repair of damage to WIZA equipment or facilities caused by the negligence or wilful act of the Subscriber or users; improper use of Services; or any use of WIZA equipment or Services provided by others.

8.4.       The Subscriber is liable for all Services subscribed for in this Agreement, once the Services have been installed and activated.

8.5.       WIZA shall not be liable in respect of any warranties and/or representations of any nature whatsoever given or made by the salesman or selling agents who have no authority to bind the company in any respect whatsoever.

 

 

9.       BREACH

9.1.        If the Subscriber:

9.2.       fails to pay any amount under this Agreement on the due date, then WIZA shall be entitled without prejudice to any of its other rights arising out of this Agreement forthwith and without any liability towards the Subscriber, to suspend its provision to the Subscriber of the Services in whole or in part and/or disconnect the Subscriber from the network and/or to render the CPE inoperable by whatever means.

9.3.       terminates the contract before the specified date of termination for breach of contract, it will result in the Subscriber being liable for the full payment of the remaining subscription or hardware fees for the applicable term signed upon in the terms of this Agreement.

9.4.       WIZA has the right to terminate this Agreement without prejudice to any other right WIZA may have in terms of this Agreement or at law; if the Subscriber:

9.4.1.       fails to pay the monthly Services and other Charges in terms of this Agreement on the due date

9.4.2.      breaches any provision of this Agreement, all of which are deemed to be material, and fails to remedy the breach within seven (7) days after the dispatch of a registered, hand delivered or faxed letter by WIZA calling on the Subscriber to remedy the breach;

9.4.3.      commits an act of insolvency in terms of an act of the Republic of South Africa;

9.4.4.      is a company or close corporation and is deregistered or liquidated or in the case of a company placed under judicial management, whether provisionally or finally;

9.4.5.      is a natural person and he or any one of his partners is provisionally or finally sequestrated, or he or any one of his partners becomes subject to an administration order;

9.4.6.      ceases its business activities for longer than a period of sixty (60) consecutive days, unless forced to do so by force majeure; or

9.4.6.1.        Gives WIZA notice of the termination of its surety ship for any surety in favour of WIZA for the payment of the Services in termshereof.

9.4.6.2.      WIZA shall be entitled to recover all legal expenses, including legal expenses (on an attorney-and-own client scale) incurred and arising directly or indirectly out of this Agreement.

9.4.6.3.      The Subscriber agrees that interest shall be payable on any monies due to WIZA at the maximum legal interest rate prescribed in terms of the Usury Act from the date they fall due. Interest shall be compounded monthly in arrears.

 

10.    DOMICILIUM AND NOTICES

10.1.       The Subscriber and WIZA hereby choose domicilium citandi et executandi for all purposes of and in connection with this Agreement at the physical address, e-mail and fax as set forth on the face hereof. WIZA shall be entitled to give any notice in terms of this Agreement by e-mail and or fax.

 

11.      WHOLE AGREEMENT

11.1.        This Agreement constitutes the sole record of the agreement between the parties in regard to the subject matter thereof. Neither party shall be bound by any representation, express nor implied term, promise or the like not recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence that WIZA may grant to the Subscriber shall constitute a waiver of any of WIZA rights.

11.2.       In this Agreement the singular shall include the plural.

 

12.     SEVERABILITY

12.1.       Should any provision of this Agreement be rendered unlawful, then that unlawful provision only shall be invalid, without effecting or invalidating any of the remaining provisions of this Agreement which shall continue to be of full force andeffect.

 

13.     WARRANTIES

13.1.       Save as expressly set out in this Agreement, WIZA does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of WIZA equipment or Services and all warranties which are implied or residual at common law are hereby expressly excluded.

13.2.      Without limitation to the generality of Clause 13.1, WIZA does not warrant or guarantee that the information transmitted by or available to the Subscriber by way of the Services or WIZA equipment:

13.3.      will be preserved or sustained in their entirety;

13.4.      will be suitable for anypurposes;

13.5.      will be free of inaccuracies, defects, bugs or viruses of any kind; and

13.6.      WIZA assumes no liability, responsibility or obligations in regard to any of the exclulsions set forth in Clauses 13.1 and 13.2 above.

 

14.    GENERAL

14.1.       WIZA is entitled to cede its rights and/or to delegate its obligations arising from this Agreement and/or assign this Agreement, wholly or partly, to any third party. The Subscriber shall not be entitled to cede or delegate his rights and obligations arising out of this contract, unless accepted in writing by the credit control manager or a director of WIZA.

14.2.      The Subscriber warrants the accuracy of all information furnished by or on behalf of the Subscriber in terms of or pursuant to this Agreement. The Subscriber shall forthwith notify WIZA in writing of any changes from time to time in the information set out on the face hereof.

14.3.      The Subscriber undertakes to abide by WIZA acceptable use policy.

14.4.     The Subscriber understands that any equipment supplied by WIZA and not directly purchased outright by the Subscriber, will remain the property of WIZA and should be returned upon Termination of contract; this includes all CPE.

 

15.    JURISDICTION

15.1.       The parties consent, in terms of Section 45 of Magistrates Court Act 32 of 1944, to the jurisdiction of the Magistrates Court or any district having jurisdiction overt it by virtue of Section 28(1) of the said Act, in respect of any action or legal proceedings in connection with this Agreement, notwith-standing the fact that the amount involved in such action or proceeding may be beyond the jurisdiction of a Magistrates Court.

15.2.      WIZA however reserves the right to institute action or proceedings in the High Court.

 

16.    FORCE MAJEURE

16.1.       If WIZA is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement due to any reason or cause beyond the control of WIZA or by reason of force majeure, WIZA shall be relieved of its obligations in terms of this Agreement during such period.

 

 

17.     CANCELLATION, TERMINATION, MIGRATION & SUSPENSION

17.1.       All agreements carry a 30-day, calendar month cancellation notice period. The Subscriber is required to notify WIZA 30 days prior to cancellation of any services via email to support@getwiza.com at which time WIZA will notify the Subscriber of any outstanding fees or other fees which may be applicable as outlined in 17.2.

17.2.      Should the Subscriber cancel within the first 12 months of Activation, the Subscriber will be liable to pay in full the once-off fees absorbed by WIZA upon Subscriber Activation. Once-off fees are network specific and are communicated by WIZA and agreed to by the Subscriber at the time of sign up along with the Service pricing.

17.3.      Should the Subscriber account fall into arrears at any point, WIZA reserves the right to Suspend the account until such time as the Subscriber has settled all arrears amounts. The Subscriber acknowledges and understands that Suspension does not stop billing and the Subscriber is liable for all fees due while the account is Suspended.

17.4.      The Subscriber further acknowledges that should the service fall into arrears or become Suspended, the Subscriber may be liable for a re-connection or re-activation fee of up to R500 or as determined by the applicable Fibre Network Operator for which their services are active.

17.5.      The Subscriber acknowledges that services provided are not a pre-paid service and that in order to stop billing the Subscriber must follow the cancellation process as outlined in 17.1.

17.6.      Should the subscriber wish to Migrate the service within the first 12 months of Activation, and WIZA is able to accommodate the migration request to the new specified address, the following conditions shall apply:

17.6.1.      Upon Migration, the initial cancellation fees outlined in 17.2 that would have been due for cancelling within the first 12 months of Activation, at the original service address, will transfer over to the new service address.

17.6.2.     The transferred initial cancellation fees outlined in 17.2 and 17.6.1 will be combined with the new service address’s cancellation terms, initiating a fresh 12-month period from the outset.

 

18.    CONNECTIVITY, PRODUCT, DEVICES, DISCOUNTS & GUARANTEES

18.1.       I understand that Getwiza will do its best to give advice, but cannot guarantee Wi-Fi performance and/or coverage within my property.

18.2.      I understand that in order to test the quality of my fibre line I may need to plug a computer into the ethernet port of the router/ONT.

18.3.      I understand that any discounts on installation and/or activation fees will incur a pro rata claw-back if I cancel within the first 12 months of the service going live.

18.4.     In the case of a free-to-use router, I understand that this router remains the property of GetWiza and must be returned on termination of my service.

Privacy Policy

PRIVACY POLICY

 

INTRODUCTION

        As a business that facilitates access to the Internet or related services, we deeply recognize the significance of our customers’ privacy while they are online and interacting with our services.

        The purpose of this Privacy Policy is to ensure that our customers have a clear understanding of how their personal information is collected, stored, and handled in accordance with the relevant laws.

 

WHAT IS CONSIDERED PERSONAL INFORMATION?

        According to the Protection of Personal Information Act of 2013, "personal information" encompasses the following:

   – Information related to an identifiable, living individual, and when applicable, an identifiable, existing legal entity, including but not limited to:

   – Information regarding the person’s race, gender, sex, pregnancy, marital status, national, ethnic or social origin, color, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth.

   – Information pertaining to the person’s education, medical, financial, criminal, or employment history.

   – Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other specific assignment to the person.

   – Biometric information of the person.

   – Personal opinions, views, or preferences of the person.

   – Correspondence sent by the person that is implicitly or explicitly private or confidential, or subsequent correspondence that reveals the contents of the original communication.

   – Views or opinions of another individual about the person.

   – The person’s name if it appears with other personal information related to the person or if the disclosure of the name itself would reveal information about the person.

 

OUR COMMITMENT

        We are committed to ensuring the confidentiality of our customers’ personal information.

        Personal information in our possession will be used solely for the purpose for which it was collected or as required by applicable laws.

        Personal information is collected to facilitate the provision of our services and to comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 ("RICA").

        We will only disclose customer personal information under the following circumstances:

   – With the customer’s written instruction.

   – When required to do so by an order of a South African court.

   – When placing an order with the customer’s chosen Fibre Network Operator (FNO), we will provide the FNO with the customer’s contact details and service address for service provisioning.

   – When necessary to comply with applicable legislation or regulation, as specified by such legislation or regulation.

   – For auditing, debt collection, or complaints handling processes, subject to restrictions on the use of personal information by the relevant third party.

        We do not monitor the usage of our services except as required by applicable law.

        Our website may use "cookies" to track usage and provide individually-tailored services.

        Personal information provided for the use of our service is securely stored. To obtain a copy or review your Service Agreement email, please email connect@getwiza.com.

        To ensure a secure service and protect against fraudulent and criminal acts, we reserve the right to monitor user and network traffic.

 

COLLECTION OF ANONYMOUS DATA

        In order to provide the best and most relevant service, we may use standard technology to collect information about the usage of this site and our services. This technology cannot identify individual users but allows for the collection of anonymized statistics.

        To accomplish this, we utilize cookies, which are small files placed on your hard drive to record your interactions with this website.

        Cookies enable us to tailor advertising and other services to your preferences. We may use third-party cookies from an ad server for this purpose.

        Cookies alone are not used to personally identify users but are used to compile anonymized statistics on the use of offered services or provide feedback on the performance of this website.

        If you do not wish to accept cookies, you can adjust your browser settings accordingly. However, please note that certain services on this website may not be available if cookies are disabled.

 

SHARED RESPONSIBILITY

        Protecting your personal information when using our services is a shared responsibility. Please be aware that the Internet can be a potentially dangerous and unfriendly environment, so it is important to safeguard your identity and personal information at all times.

 

AMENDMENTS TO THIS POLICY

        If any changes to this Privacy Policy are necessary, we will prominently notify you or send an email to ensure that you are informed about the changes and their potential impact on you.

        For any queries or matters related to this Privacy Policy, please email connect@getwiza.com.

Acceptable Use Policy

1.        GENERAL

1.1.        By contracting with Wiza Solutions for services, the Client agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Client in connection with the Services.

 

1.2.       The purpose of this AUP is to:

1.2.1.       ensure compliance with the relevant laws of the Republic;

1.2.2.      specify to Clients and users of Wiza Solutions’s service what activities and online behaviour are considered an unacceptable use of the service;

1.2.3.      protect the integrity of Wiza Solutions’s network; and

1.2.4.     specify the consequences that may flow from undertaking such prohibited activities.

 

1.3.       This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, Wiza Solutions encourages the Client to read this document thoroughly and direct any queries to aup@getwiza.com   

1.4.       Wiza Solutions respects the rights of Wiza Solutions’s Clients and users of Wiza Solutions’s services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.

 

2.       UNACCEPTABLE USE

2.1.       Wiza Solutions’s services may only be used for lawful purposes and activities. Wiza Solutions prohibits any use of its Services including the transmission, storage and distribution of any material or content using Wiza Solutions’s network that violates any law or regulation of the Republic. This includes, but is not limited to:

2.1.1.      Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.

2.1.2.     Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

2.1.3.     Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.

2.1.4.    Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.

2.1.5.    Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with Wiza Solutions on behalf of another client without their consent.

2.1.6.    Any violation of the exchange control laws of the Republic.

2.1.7.     Any activity that results in the sale, transmission or distribution of pirated or illegal software.

 

 

 

 

3.       THREATS TO NETWORK SECURITY

3.1.       Any activity which threatens the functioning, security and/or integrity of Wiza Solutions’s network is unacceptable. This includes:

3.1.1.       Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Wiza Solutions for this goal.

3.1.2.      Any effort to use Wiza Solutions’s equipment to circumvent the user authentication or security of any host, network or account ("cracking" or "hacking").

3.1.3.     Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.

3.1.4.     Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.

3.1.5.     Any activity which threatens to disrupt the service offered by Wiza Solutions through "denial of service attacks"; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others’ networks.

3.1.6.     Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.

3.1.7.      Any unauthorised monitoring of data or traffic on the network without Wiza Solutions’ explicit, written consent.

3.1.8.     Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.

3.1.9.     Failing to respond adequately to a denial of service attack (DOS / DDOS).

 

4.      UNCAPPED FIBRE

4.1.       Uncapped Fibre Services are intended for home and personal use. Reselling services or use of home services for business purposes are prohibited.

4.2.     Uncapped Fibre may not be used to provide or resell services to other individuals, and this is prohibited in the following scenarios (but not limited):

4.2.1.     Wireless Internet Service Provision

4.2.2.   Hosting Shell Accounts

4.2.3.   Providing email, news, download, VPN or sandbox services

4.2.4.  Running of home servers or private servers

4.2.5.  Provision of network services to others

4.2.6.  Running private servers for mail, HTTP, FTP, IRC and multi-user forums

4.3.     Services may not be shared or resold

 

5.       SPAM AND UNSOLICITED BULK MAIL

5.1.       Wiza Solutions regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:

5.1.1.       Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;

5.1.2.     Mail sent by one party to another with the explicit consent of the receiving party.

5.1.3.     Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.

 

5.2.     Wiza Solutions will take swift and firm action against any user engaging in any of the following unacceptable practices:

5.2.1.     Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.

5.2.2.    Using any part of Wiza Solutions’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.

5.2.3.    Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Wiza Solutions does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Wiza Solutions will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Wiza Solutions, at its discretion, believe that this is the case, it will be treated as SPAM.

5.2.4.   Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.

5.2.5.   Using Wiza Solutions’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Wiza Solutions’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).

5.2.6.   Including Wiza Solutions’s name in the header or by listing an IP address that belongs to Wiza Solutions in any unsolicited email whether sent through Wiza Solutions’s network or not.

5.2.7.    Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. 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. Wiza Solutions 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 the user. Wiza Solutions also reserves the right to examine the mail servers of any users using Wiza Solutions’s mail servers for "smarthosting" (when the user relays its mail via an Wiza Solutions mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Wiza Solutions’s Privacy Policy and the laws of South Africa.

 

6.       USERS OUTSIDE SOUTH AFRICA

6.1.      Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Wiza Solutions will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Wiza Solutions’s resources, including the provisioning of all personal identifiable data.

 

7.       PROTECTION OF MINORS

7.1.       Wiza Solutions prohibits Clients from using Wiza Solutions’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.

7.2.     Wiza Solutions prohibits Clients from using Wiza Solutions’s service to host sexually explicit or pornographic material of any nature.

 

8.       PRIVACY AND CONFIDENTIALITY

8.1.              Wiza Solutions respects the privacy and confidentiality of Wiza Solutions’s Clients and users of Wiza Solutions’s service. Please review Wiza Solutions’s Privacy Policy which details how Wiza Solutions collects and uses personal information gathered in the course of operating its Services.

 

9.       USER RESPONSIBILITIES

9.1.         Clients are responsible for any misuse of Wiza Solutions’s services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Wiza Solutions’s service.

9.2.       Wiza Solutions urges Clients not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and Wiza Solutions cannot be held liable for the Client being placed on any bulk mailing lists as a result.

9.3.       Where the Client has authorised a minor to use any of the Wiza Solutions’s services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.

 

10.    ACTION FOLLOWING BREACH OF THE AUP

10.1.       Upon receipt of a complaint, or having become aware of an incident, Wiza Solutions may, in its sole and reasonably-exercised discretion take any of the following steps:

10.1.1.    In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;

10.1.2.  In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);

10.1.3.  In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;

10.1.4.  In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;

10.1.5.  Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;

10.1.6.  Institute civil or criminal proceedings;

10.1.7.   Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies; and/or

10.1.8.  suspend or terminate the Service as provided for in the Agreement.

Warranty & Returns

1.       DEVICE WARRANTY & RETURNS

1.1.        GetWiza has a 7-day device return policy. Devices can be returned for any reason during this period. Returned units must be in the same condition as shipped (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in shipped condition will not be replaced with new units or be only partially replaced with refurbished or repurposed items.

1.2.       The first return will be arranged and paid by GetWiza (including collection and delivery of unit or replacement). Additional exchanges or returns will be for the client’s cost, and GetWiza will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

1.3.       All manufacturer’s warranties, for the repair or replacement of faulty units will be available to the client. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the client’s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange).

1.4.       Repair or replacement of devices out of warranty will not be facilitated by GetWiza, unless the client is purchasing a new replacement device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and effectively void the warranty.

1.5.       GetWiza reserves the right to replace a router with a refurbished unit, which will be provided under existing warranty conditions.

1.6.      Failure to abide by GetWiza’s policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

1.7.       GetWiza will not be liable for any damage to your router or any other electronic devices resulting from the incorrect use of PoE (Power over Ethernet) with any UPS that we stock. Any damage resulting from the incorrect use of PoE will void the manufacturer’s warranty on your GetWiza router.

Mesh Rentals
A G R E E M E N T

 

 

 

 

 

EQUIPMENT LEASE AGREEMENT

 

 

between:

 

WIZA SOLUTIONS (PTY) LTD

Registration Number: 2015/182799/07

(“the Lessor”)

 

and

 

THE LESSEE

(as recorded in item 1 of the Table below)

 

(collectively referred to as the “Parties”)


 

 

1.         

The Lessee:

 

 

Full Name:

 

 

ID Number:

 

 

Physical address:



 

Phone number:

 

 

 

Email address:

 

2.       

Commencement Date:

 

3.       

Description of Equipment:

 

 

4.       

Rental amount and frequency:

 

 

5.       

Date of payment of Rental:

 

6.       

Deposit:

 

7.        

Permitted Purpose:

 

8.       

Lessor’s Banking Account:

 

9.       

Jurisdiction (province where you are situated):

 

 


 

1.                DEFINITIONS

 

1.1.                      In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

 

1.1.1.                  Agreement” shall mean this Agreement together with all annexures hereto, which annexures shall be read as if specifically incorporated herein;

 

1.1.2.                Business Day shall mean any day of the week, excluding Saturdays, Sundays and official public holidays in the Republic of South Africa;

 

1.1.3.                Commencement Date” shall mean the date upon which this Agreement comes into effect, being the date recorded in item 2 of the above Table, irrespective of the date of signature of this Agreement by the Parties;

 

1.1.4.                Deposit” shall mean the deposit amount stipulated in item 6 of the above Table;

 

1.1.5.                Equipment” shall mean the item as detailed in item 3 of the above Table;

 

1.1.6.                Lessee” shall mean the Lessee, whose full and further details are set out in item 1 of the above Table;

 

1.1.7.                Lessor” shall mean Wiza Solutions (Pty) Ltd (Registration Number 2015/182799/07), a company duly registered in terms of the laws of the Republic of South Africa, and having its business address at 41 Basalt Street, Stellenridge, Bellville, 7530, and having email address: connect@getwiza.com;

 

1.1.8.                Lessor’s Associates” means the Lessor’s directors, officers, servants, agents, contractors or other persons in respect of whose actions the Lessor may be held to be vicariously liable;

 

1.1.9.                Losses” means all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

 

1.1.10.             Parties” shall mean the Lessee and the Lessor collectively, and “Party” means any one of them, as the context indicates;

 

1.1.11.                “Permitted Purpose” shall be the purpose for which the Equipment is to be utilised, as recorded in item 7 of the above Table;

 

1.1.12.              Rental” shall mean the amount paid by the Lessee to the Lessor in terms of item 4 of the above Table in consideration for rental of the Equipment; and

 

1.1.13.              “Term” means the period of 12 (twelve) months commencing on the Commencement Date.

 

2.              INTERPRETATION

 

2.1.                    Clause headings in this Agreement are used for convenience only and shall be ignored in its interpretation.

 

2.2.                  In this Agreement, unless a contrary intention clearly appears:

 

2.2.1.              any reference to the singular includes the plural and vice versa;

 

2.2.2.             any reference to one gender includes the other gender; and

 

2.2.3.            any reference to natural persons includes legal persons and vice versa.

 

2.3.                  When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.

 

2.4.                  Where in this Agreement, provision is made for the Parties (or either of them) to agree on or grant approval in respect of any matter, such agreement or approval shall only be valid and binding on the Parties thereto if reduced to writing and signed in ink by the duly authorised representative of such Parties.

 

2.5.                  If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of this Agreement.

 

2.6.                  Where words have been defined in the body of the Agreement, such words will, unless otherwise required by the context, have the meanings so assigned throughout the Agreement.

 

2.7.                  The rule of construction in terms of which an agreement shall be interpreted against the party responsible for its drafting shall not apply.

 

2.8.                  The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

 

2.9.                  Where an expression has been defined, whether in clause 1 above, or elsewhere, and such definition contains a provision conferring a right or imposing an obligation on any Party, then, notwithstanding that it is contained only in a definition, effect shall be given to that provision as if it were a substantive provision contained in the body of the Agreement.

 

2.10.                Expiration or termination shall not affect such of the provisions of this Agreement which of necessity must continue to have effect after such expiration or termination, notwithstanding that such provision may not expressly provide.

 

2.11.                  No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (tipulation alteri) who is not a Party to this Agreement.

 

3.              INTRODUCTION

 

3.1.                    The Lessor is the owner of the Equipment, which it desires to lease to the Lessee, with the Lessee being desirous of leasing the Equipment from the Lessor.

 

3.2.                  The Parties wish to enter into an Agreement on the terms specified herein relating to the Equipment on the terms as set out in this Agreement.

 

4.              EQUIPMENT

 

4.1.                    The Lessor hereby gives the Lessee the full right of use and enjoyment of the Equipment, in return for payment of the Rental, until this Agreement is terminated in accordance with its terms and conditions.

 

4.2.                  The Lessor shall retain ownership of the Equipment and the Lessee shall have no claim to ownership of the Equipment whatsoever.

 

4.3.                  All risk of loss, damage, destruction or otherwise in and to the Equipment shall pass to the Lessee on delivery of the Equipment to the Lessee until return of the Equipment to the Lessor. The cost of reinstating the Equipment to its pre-delivery condition (fair wear and tear excepted) will be for the account of the Lessee and will be payable upon invoice by the Lessor.

 

4.4.                  If the Equipment is damaged beyond repair or is stolen, lost or misplaced or not returned for any reason, the Lessee shall be liable to compensate the Lessor at the full retail price for the cost of replacing such Equipment. The Lessee shall remain liable for the payment of the Rental until such time as the Lessee has effected payment of the full retail price.

 

4.5.                  It is the Lessee’s responsibility to insure the Equipment for the replacement value of such Equipment for the duration of this Agreement. The Lessee shall, at the request of The Lessor, provide confirmation of such insurance from the registered insurer.

________________________

Lessee to initial confirming

acceptance of the terms of

clauses 4.3, 4.4 and 4.5

 

4.6.                  The Lessee acknowledges that during the Term, technology may change, and accordingly the Lessor may, in its sole discretion, replace the Equipment, or any part thereof, with a substantially similar item. In such a situation, item 3 of the above Table shall be updated and amended accordingly.

 

5.              COMMENCEMENT AND DURATION OF THIS AGREEMENT

 

5.1.                    This Agreement shall commence on the Commencement Date and shall subsist for the Term or until terminated in accordance with the terms of this Agreement.

 

5.2.                  The Lessee shall give the Lessor written notice no more than 80 (eighty) Business Days and no less than 40 (forty) Business Days prior to the end of the Term period to the end of the Term.

 

5.3.                  Either Party shall be entitled to terminate this Agreement for any reason or no reason at all by providing the other Party with 20 (twenty) Business Days written notice of termination, and following termination, the Lessee shall immediately return the Equipment to the Lessor in the same condition that the Equipment was in when it was provided to the Lessee (fair wear and tear excepted).

 

6.              DEPOSIT

 

6.1.                    The Lessee shall pay the Deposit to the Lessor on or before the Commencement Date and in any event prior to taking possession of the Equipment.

 

6.2.                  The Lessor may appropriate the Deposit, or any part thereof, as it deems fit, towards the payment of any amounts for which the Lessee is liable in terms of this Agreement and which are overdue for payment, including amounts arising on, or subsequent to the termination this Agreement, provided that in the event of the Lessor doing so during the period of this Agreement, the Lessee shall be obliged to reinstate the Deposit to its original amount, forthwith.

 

6.3.                  The Deposit shall be repaid by the Lessor to the Lessee, less any amounts deducted by the Lessor, including amounts arising on, or subsequent to the termination this Agreement once the Lessee has complied with all its obligations to the Lessor.

 

7.              RENTAL

 

7.1.                    Rental shall be paid by the Lessee to the Lessor on a monthly basis, payable in advance, by means of debit order, on or before the date set out in item 5 of the above Table.

 

7.2.                   Such Rental shall be payable free of deduction or set-off and the Lessee shall not be entitled to withhold any portion thereof as a result of any claim which the Lessee might enjoy, whilst the Lessee is in possession of the Equipment.

 

7.3.                   If any amount due in terms of this Agreement, including Rental, is paid after the due date therefor, the Lessor shall be entitled, but not obliged, to charge interest thereon at the maximum rate of interest applicable to incidental credit agreements (currently 2% (two percent) per month), as published from time to time in the regulations to the National Credit Act, No. 34 of 2005, or the successor to such legislation, from the due date until the date on which payment of such amount has been received by the Lessor in full.

 

8.              RETURN OF THE EQUIPMENT

 

8.1.                    At the end of the Agreement, the Lessee shall return the Equipment, at the Lessee’s expense, to an authorised representative of the Lessor.

 

8.2.                  In the event of a breach, the Lessor shall immediately upon demand by the Lessor return to the Lessor the Equipment in the same condition (fair wear and tear excepted) that same was provided to the Lessee.

 

8.3.                  Should the Lessee fail and/or refuse to return the Equipment to the Lessor, then the Lessor shall immediately and without notice take possession of the Equipment wheresoever found and remove, keep or dispose thereof at its sole election, as the rightful owner of the Equipment. Any costs incurred in recovering the Equipment as well as the costs of the additional rental days, will be for the account of the Lessee.

 

8.4.                  All risk in and to the Equipment shall remain with the Lessee until the Lessor has recorded the return of the Equipment.

 

9.              WARRANTIES AND UNDERTAKINGS BY THE LESSOR

 

9.1.                    The Lessor warrants that it is the owner of the Equipment and is authorised to enter into this Agreement.

 

9.2.                  To the fullest extent permissible in law, the Lessor gives no other warranties save for those specifically recorded in this Agreement.

 

9.3.                  The Lessor shall register any manufacturer’s warranty claim/s for Equipment defects. If applicable, the Lessor shall facilitate remote support for defective Equipment, and if unsuccessful, provide an onsite technician.

 

10.            UNDERTAKINGS BY THE LESSEE

 

10.1.                  The Lessee undertakes:

 

10.1.1.              that the Lessee shall maintain the Equipment and keep it in good order and repair, with all maintenance, repairs and services being performed timeously and only by the contractor nominated by the Lessor;

 

10.1.2.            that the Lessee shall not sublease, cede rights, or allow any third-party access to or use of the Equipment, without the prior permission of the Lessor;

 

10.1.3.            to use the Equipment only for the Permitted Purpose;

 

10.1.4.           not use the Equipment for any illegal purpose;

 

10.1.5.           not to remove the Equipment to any country outside of the republic of South Africa for any period without the prior written consent of the CompanyLessor;

 

10.1.6.           not to use the Equipment for any purpose for which it is not designed for or in contravention of the law;

 

10.1.7.            to immediately notify the Company Lessor if the Equipment is damaged, lost or stolen, and provide the LessorCompany with a copy of the police report and docket number for insurance purposes, where it was necessary for the damage or theft to be reported;

 

10.1.8.           to return the Equipment to the CompanyLessor when requested to do so, for any purpose, at any reasonable time;

 

10.1.9.           to ensure that the Equipment is properly stored and that reasonable precautions are taken to prevent its theft or loss; and

 

10.1.10.         to retain all original packaging for the Equipment.

 

10.2.                The Lessee hereby grants that it understands and accepts that failure to adhere to any one or more of the undertakings contained in this clause 10 shall constitute a breach of this Agreement, and may result in the termination of this Agreement at the sole discretion of the Lessor.

 

11.              LIMITATION OF LIABILITY

 

11.1.                    Neither the Lessor nor any of the Lessor’s Associates shall be liable for personal injury to or the death of any person or the loss of or damage to any property of whatever nature, howsoever arising or caused, by or during the Lessee’s use of the Equipment, and the Lessee hereby indemnifies the Lessor for any such claims and losses.

 

11.2.                  Disclaimers and limitation of liability:

 

11.2.1.              To the fullest extent permissible by law, :

 

11.2.2.            the Lessor disclaims all warranties, any representations of fitness for purpose of any kind, whether express or implied in respect of the Equipment and the Lessee utilises the Equipment at its own risk.

 

11.2.3.            The Lessee agrees that the Lessor is unable to, and is not required to, guarantee a particular result or set of commercial results.

 

11.2.4.            The Lessee agrees that neither the Lessor nor any of the Lessor’s Associates shall be liable for any Losses however arising and whatever the cause.

 

11.2.5.            The Lessee irrevocably waives any claims it may have against the Lessor and/or the Lessor’s Associates arising out of, or related to (and agrees not to institute any proceedings in respect of), the use of the Equipment and/or this Agreement more than 1 (one) year after the cause of action relating to such claim or legal action arose.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 11

 

12.     INDEMNITY

 

12.1.                  The Lessee hereby indemnifies the Lessor and the Lessor’s Associates from any Losses which may arise as a result of the Lessee’s unlawful conduct, wilful misconduct, negligence and/or gross negligence.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 12

 

13.            DAMAGE TO EQUIPMENT

 

13.1.                  Should the Equipment be destroyed or damaged to such an extent as to render it substantially or wholly unfit to be used for the purpose for which it is intended, then neither Party shall be entitled to terminate this Agreement.

 

13.2.                The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment for the duration of this Agreement, whilst in the possession of the Lessee, and until such time thereafter as all Equipment has been returned to the Lessor.

 

13.3.                In the event of loss or damage of any kind whatsoever to the Equipment, as per clause 13.1 above, the Lessee shall notify the Lessor the same day of loss or damage.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 13

 

14.            BREACH

 

14.1.                  Should either Party (“Defaulting Party”) commit any breach of any term, condition, undertaking, warranty or representation contained in this Agreement and:

 

14.1.1.              should such breach be incapable of being remedied; or

 

14.1.2.            should such breach be capable of being remedied, and should the Defaulting Party fail to remedy such breach within 20 (twenty) Business Days,

 

14.2.                then, unless the Parties agree in writing that such breach can be remedied by the payment of money in respect of any loss, the other Party (“Aggrieved Party”) shall be entitled, at its election, without prejudice to any other rights which it may have in terms of this Agreement or at law, either:

 

14.2.1.            to require the Defaulting Party to make specific performance without prejudice to its rights and to claim damages; or

 

14.2.2.          to cancel this Agreement without prejudice to its rights and to claim damages.

 

15.            DISPUTES

 

15.1.                 Any dispute which arises between the Parties in respect of this Agreement shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

 

15.2.                If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

 

15.3.                Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude a Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

 

15.4.               The arbitration referred to in clause 15.2 shall be held:

 

15.4.1.           within the jurisdiction set out in item 9 of the above Table or other venue agreed by the Parties in writing;

 

15.4.2.          in English; and

 

15.4.3.          immediately and with a view to its being completed within 21 (twenty‑one) days after it is demanded.

 

15.5.               The Parties irrevocably agree that the decision in arbitration proceedings:

 

15.5.1.           shall be final and binding upon them;

 

15.5.2.          shall be carried into effect; and

 

15.5.3.          may be made an order of any court of competent jurisdiction.

 

15.6.                       This clause shall be severable from the rest of this Agreement and therefore shall remain effective between the Parties after this Agreement has terminated.

 

16.           ENTIRE AGREEMENT

 

16.1.                 This ­Agreement constitutes the entire agreement and understanding of the Parties and supersedes and merges any and all prior proposals, understandings and agreements, oral and written, between the Parties concerning the subject matter hereof.

 

17.            DOMICILIUM CITANDI ET EXECUTANDI

 

17.1.                  The Parties choose the respective addresses set forth in clause 1.1.7 and item 1 of the above Table as their respective domicilium citandi et executandi (“domicilium”) for all purposes arising from this Agreement and as their respective addresses for the service of any notice required to be served upon them. 

 

17.2.                A Party may change its domicilium to any other physical address or telephone or email address by written notice to the other Party to that effect. Such change of address will be effective seven days after receipt of notice of change of domicilium.

 

17.3.                All notices to be given in terms of this Agreement will be given in writing.;

 

17.3.1.            be delivered by email, facsimile or sent by courier;

 

17.3.2.           if delivered, be presumed to have been received on the date of delivery.

 

17.4.                If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing receipt of data messages, shall apply.

 

17.5.                Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has been given in accordance with the provisions of this clause.

 

18.            GENERAL

 

18.1.                  This Agreement constitutes the sole record of the agreement between the Parties in regard to the subject matter hereof.

 

18.2.                Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or reduced to Writing and signed by the Parties or their representatives.

 

18.3.                No addition to, variation or consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement, or its breach or termination, shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorized representatives.

 

18.4.               For the avoidance of doubt, data messages as defined in the Electronic Communications and Transactions Act No.25 of 2002 shall not constitute “writing” for purposes of this clause, whether such data message includes an electronic signature or not.

 

18.5.                No indulgence, which either Party may grant to the other, shall constitute a waiver of any of the rights of the grantor.

 

18.6.                If any provision of this Agreement should be wholly or partly invalid, unenforceable or unlawful, then this Agreement shall be severable in respect of the provision in question (to the extent that it is invalid, unenforceable or unlawful) and the remaining provisions of this agreement shall remain in full force and effect.

 

18.7.                This Agreement and performance hereunder shall be governed by the laws of the South Africa without regard to conflicts of laws. The Parties hereby consent and submit to the jurisdiction of the appropriate South African court within the jurisdiction set out in item 9 of the above Table.

 

18.8.               A certificate issued and signed by a duly authorised manager of the Lessor (whose authority need not be proven) stating the amount owed by the Lessee to the Lessor, will constitute prima facie proof of the facts stated therein and the amount of the indebtedness of the Lessee to the Lessor. Such a certificate may be used in support of any application by the Lessor for default judgement, provisional sentence or summary judgement or any other legal proceeding.

 

18.9.               All costs, charges and expenses of any nature whatever which may be incurred by a Party in enforcing its rights in terms of this Agreement, including legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from the Party against which such rights are successfully enforced.

 

18.10.             This Agreement may be executed in one or more counterparts and in separate counterparts, each of which when executed shall be deemed to be an original but when taken together shall constitute one and the same Agreement.

 

 

 

—Remainder of Page Left Blank for Signature Purposes—


 

 

 

THUS DONE and SIGNED at ________ on this the________day of___________20           

 

 

                                                                                                                                               

                                                                                    LESSOR

                                                                                                               

 

                                                                                   

 

THUS DONE and SIGNED at ________ on this the________day of___________20           

 

 

                                                                                                                                               

                                                                                    LESSEE

           

 

UPS Rentals
A G R E E M E N T

 

 

 

 

 

EQUIPMENT LEASE AGREEMENT

 

 

between:

 

WIZA SOLUTIONS (PTY) LTD

Registration Number: 2015/182799/07XXX

(“the Lessor”)

 

and

 

THE LESSEE

(as recorded in item 1 of the Table below)

 

(collectively referred to as the “Parties”)


 

 

1.         

The Lessee:

 

 

Full Name:

 

 

 

ID Number:

 

 

 

Physical address:



 

Phone number:

 

 

 

Email address:

 

2.       

Commencement Date:

 

3.       

Description of Equipment:

 

 

 

4.       

Rental amount and frequency:

 

 

5.       

Date of payment of Rental:

 

 

6.       

Deposit:

 

7.        

Permitted Purpose:

 

8.       

Lessor’s Banking Account:

 

9.       

Jurisdiction (province where you are situated):

 

 


 

1.                DEFINITIONS

 

1.1.                      In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

 

1.1.1.                  Agreement” shall mean this Agreement together with all annexures hereto, which annexures shall be read as if specifically incorporated herein;

 

1.1.2.                Business Day shall mean any day of the week, excluding Saturdays, Sundays and official public holidays in the Republic of South Africa;

 

1.1.3.                Commencement Date” shall mean the date upon which this Agreement comes into effect, being the date recorded in item 2 of the above Table, irrespective of the date of signature of this Agreement by the Parties;

 

1.1.4.                Deposit” shall mean the deposit amount stipulated in item 6 of the above Table;

 

1.1.5.                Equipment” shall mean the item as detailed in item 3 of the above Table;

 

1.1.6.                Lessee” shall mean the Lessee, whose full and further details are set out in item 1 of the above Table;

 

1.1.7.                Lessor” shall mean Wiza Solutions (Pty) Ltd (Registration Number 2015/182799/07XXX), a company duly registered in terms of the laws of the Republic of South Africa, and having its business address at 41 Basalt Street, Stellenridge, Bellville, 7530XXX, and having email address: connect@getwiza.comXXX;

 

1.1.8.                Lessor’s Associates” means the Lessor’s directors, officers, servants, agents, contractors or other persons in respect of whose actions the Lessor may be held to be vicariously liable;

 

1.1.9.                Losses” means all losses (including, but not limited to, those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

 

1.1.10.             Parties” shall mean the Lessee and the Lessor collectively, and “Party” means any one of them, as the context indicates;

 

1.1.11.                “Permitted Purpose” shall be the purpose for which the Equipment is to be utilised, as recorded in item 7 of the above Table;

 

1.1.12.              Rental” shall mean the amount paid by the Lessee to the Lessor in terms of item 4 of the above Table in consideration for rental of the Equipment; and

 

1.1.13.              “Term” means the period of 12 (twelve) months commencing on the Commencement Date.

 

2.              INTERPRETATION

 

2.1.                    Clause headings in this Agreement are used for convenience only and shall be ignored in its interpretation.

 

2.2.                  In this Agreement, unless a contrary intention clearly appears:

 

2.2.1.              any reference to the singular includes the plural and vice versa;

 

2.2.2.             any reference to one gender includes the other gender; and

 

2.2.3.            any reference to natural persons includes legal persons and vice versa.

 

2.3.                  When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.

 

2.4.                  Where in this Agreement, provision is made for the Parties (or either of them) to agree on or grant approval in respect of any matter, such agreement or approval shall only be valid and binding on the Parties thereto if reduced to writing and signed in ink by the duly authorised representative of such Parties.

 

2.5.                  If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of this Agreement.

 

2.6.                  Where words have been defined in the body of the Agreement, such words will, unless otherwise required by the context, have the meanings so assigned throughout the Agreement.

 

2.7.                  The rule of construction in terms of which an agreement shall be interpreted against the party responsible for its drafting shall not apply.

 

2.8.                  The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "include" and "including" followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

 

2.9.                  Where an expression has been defined, whether in clause 1 above, or elsewhere, and such definition contains a provision conferring a right or imposing an obligation on any Party, then, notwithstanding that it is contained only in a definition, effect shall be given to that provision as if it were a substantive provision contained in the body of the Agreement.

 

2.10.                Expiration or termination shall not affect such of the provisions of this Agreement which of necessity must continue to have effect after such expiration or termination, notwithstanding that such provision may not expressly provide.

 

2.11.                  No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to this Agreement.

 

3.              INTRODUCTION

 

3.1.                    The Lessor is the owner of the Equipment, which it desires to lease to the Lessee, with the Lessee being desirous of leasing the Equipment from the Lessor.

 

3.2.                  The Parties wish to enter into an Agreement on the terms specified herein relating to the Equipment on the terms as set out in this Agreement.

 

4.              EQUIPMENT

 

4.1.                    The Lessor hereby gives the Lessee the full right of use and enjoyment of the Equipment, in return for payment of the Rental, until this Agreement is terminated in accordance with its terms and conditions.

 

1.1.                             The Lessor shall retain ownership of the Equipment and the Lessee shall have no claim to ownership of the Equipment whatsoever, unless all amounts due in terms of this Agreement, including all Rental amounts, have been paid in full during the Term, in which case ownership of the Equipment shall transfer from the Lessor to the Lessee.

 

4.2.                  All risk of loss, damage, destruction or otherwise in and to the Equipment shall pass to the Lessee on delivery of the Equipment to the Lessee until return of the Equipment to the Lessor. The cost of reinstating the Equipment to its pre-delivery condition (fair wear and tear excepted) will be for the account of the Lessee and will be payable upon invoice by the Lessor.

 

4.3.                  If the Equipment is damaged beyond repair or is stolen, lost or misplaced or not returned for any reason, the Lessee shall be liable to compensate the Lessor at the full retail price for the cost of replacing such Equipment. The Lessee shall remain liable for the payment of the Rental until such time as the Lessee has effected payment of the full retail price.

 

4.4.                  It is the Lessee’s responsibility to insure the Equipment for the replacement value of such Equipment for the duration of this Agreement. The Lessee shall, at the request of The Lessor, provide confirmation of such insurance from the registered insurer.

 

________________________

Lessee to initial confirming

acceptance of the terms of

clauses 4.2, 4.3 and 4.4

 

4.5.                  The Lessee acknowledges that during the Term, technology may change, and accordingly the Lessor may, in its sole discretion, replace the Equipment, or any part thereof, with a substantially similar item. In such a situation, item 3 of the above Table shall be updated and amended accordingly.

 

5.              COMMENCEMENT AND DURATION OF THIS AGREEMENT

 

5.1.                    This Agreement shall commence on the Commencement Date and shall subsist for the Term or until terminated in accordance with the terms of this Agreement.

 

5.2.                  The Lessee shall give the Lessor written notice no more than 80 (eighty) Business Days and no less than 40 (forty) Business Days prior to the end of the Term period to the end of the Term.

 

5.3.                  Either Party shall be entitled to terminate this Agreement for any reason or no reason at all by providing the other Party with 20 (twenty) Business Days written notice of termination, and following termination, the Lessee shall immediately return the Equipment to the Lessor in the same condition that the Equipment was in when it was provided to the Lessee (fair wear and tear excepted).

 

6.              DEPOSIT

 

6.1.                    The Lessee shall pay the Deposit to the Lessor on or before the Commencement Date and in any event prior to taking possession of the Equipment.

 

6.2.                  The Lessor may appropriate the Deposit, or any part thereof, as it deems fit, towards the payment of any amounts for which the Lessee is liable in terms of this Agreement and which are overdue for payment, including amounts arising on, or subsequent to the termination this Agreement, provided that in the event of the Lessor doing so during the period of this Agreement, the Lessee shall be obliged to reinstate the Deposit to its original amount, forthwith.

 

6.3.                  The Deposit shall be repaid by the Lessor to the Lessee, less any amounts deducted by the Lessor, including amounts arising on, or subsequent to the termination this Agreement once the Lessee has complied with all its obligations to the Lessor.

 

7.              RENTAL

 

7.1.                    Rental shall be paid by the Lessee to the The Lessor on a monthly basis, payable in advance, by means of debit order, Lessor shall invoice the Lessee on a monthly basis, in advance, which invoice shall set out the amount of Rental due and payable by the Lessee to the Lessor on or before the date set out in item 5 of the above Table.

 

1.1.                             The Rental shall be paid into the Lessor’s banking account as set out in item 8 of the above Table.

 

7.2.                   Such Rental shall be payable free of deduction or set-off and the Lessee shall not be entitled to withhold any portion thereof as a result of any claim which the Lessee might enjoy, whilst the Lessee is in possession of the Equipment.

 

7.3.                   If any amount due in terms of this Agreement, including Rental, is paid after the due date therefor, the Lessor shall be entitled, but not obliged, to charge interest thereon at the maximum rate of interest applicable to incidental credit agreements (currently 2% (two percent) per month), as published from time to time in the regulations to the National Credit Act, No. 34 of 2005, or the successor to such legislation, from the due date until the date on which payment of such amount has been received by the Lessor in full.

 

8.              RETURN OF THE EQUIPMENT

 

8.1.                    At the end of the Agreement, the Lessee shall return the Equipment, at the Lessee’s expense, to an authorised representative of the Lessor.

 

8.2.                  In the event of a breach, the Lessor shall immediately upon demand by the Lessor return to the Lessor the Equipment in the same condition (fair wear and tear excepted) that same was provided to the Lessee.

 

8.3.                  Should the Lessee fail and/or refuse to return the Equipment to the Lessor, then the Lessor shall immediately and without notice take possession of the Equipment wheresoever found and remove, keep or dispose thereof at its sole election, as the rightful owner of the Equipment. Any costs incurred in recovering the Equipment as well as the costs of the additional rental days, will be for the account of the Lessee.

 

8.4.                  All risk in and to the Equipment shall remain with the Lessee until the Lessor has recorded the return of the Equipment.

 

9.              WARRANTIES AND UNDERTAKINGS BY THE LESSOR

 

9.1.                    The Lessor warrants that it is the owner of the Equipment and is authorised to enter into this Agreement.

 

9.2.                  To the fullest extent permissible in law, the Lessor gives no other warranties save for those specifically recorded in this Agreement.

 

9.3.                  The Lessor shall register any manufacturer’s warranty claim/s for Equipment defects. If applicable, the Lessor shall facilitate remote support for defective Equipment, and if unsuccessful, provide an onsite technician.

 

9.4.                  The Lessor shall, in its sole discretion, repair or replace any defective Equipment during the Term.

 

9.5.                  The Lessor may reject any applicable warranty claim for any of the following reasons:

 

9.5.1.              The serial number of the Equipment has been altered or is incorrectly reported to the Lessor by the Lessee;

 

9.5.2.            Any damage to the Equipment caused by non-compliance with the specifications and ambient conditions applicable to the Equipment;

 

9.5.3.            A third party, not authorised by the Lessor in writing, has maintained and/or services the Equipment;

 

9.5.4.            The warranty part is not returned by the Lessee to the Lessor within 30 (thirty) days of authorisation;

 

9.5.5.            The Lessee is in arrears with any amounts due in terms of this Agreement; and/or

 

9.5.6.            The Lessee has on-sold the Equipment to a third party without the Lessor’s written consent.

 

10.            UNDERTAKINGS BY THE LESSEE

 

10.1.                  The Lessee undertakes:

 

10.1.1.              that the Lessee shall maintain the Equipment and keep it in good order and repair, with all maintenance, repairs and services being performed timeously and only by the contractor nominated by the Lessor;

 

10.1.2.            that the Lessee shall not sublease, cede rights, or allow any third-party access to or use of the Equipment, without the prior permission of the Lessor;

 

10.1.3.            to use the Equipment only for the Permitted Purpose;

 

10.1.4.           not use the Equipment for any illegal purpose;

 

10.1.5.           not to remove the Equipment to any country outside of the republic of South Africa for any period without the prior written consent of the CompanyLessor;

 

10.1.6.           not to use the Equipment for any purpose for which it is not designed for or in contravention of the law;

 

10.1.7.            to immediately notify the Company Lessor if the Equipment is damaged, lost or stolen, and provide the Company Lessor with a copy of the police report and docket number for insurance purposes, where it was necessary for the damage or theft to be reported;

 

10.1.8.           to return the Equipment to the Company Lessor when requested to do so, for any purpose, at any reasonable time;

 

10.1.9.           to ensure that the Equipment is properly stored and that reasonable precautions are taken to prevent its theft or loss; and

 

10.1.10.         to retain all original packaging for the Equipment.

 

10.2.                The Lessee hereby grants that it understands and accepts that failure to adhere to any one or more of the undertakings contained in this clause 10 shall constitute a breach of this Agreement, and may result in the termination of this Agreement at the sole discretion of the Lessor.

 

11.              LIMITATION OF LIABILITY

 

11.1.                    Neither the Lessor nor any of the Lessor’s Associates shall be liable for personal injury to or the death of any person or the loss of or damage to any property of whatever nature, howsoever arising or caused, by or during the Lessee’s use of the Equipment, and the Lessee hereby indemnifies the Lessor for any such claims and losses.

 

11.2.                  Disclaimers and limitation of liability:

 

11.2.1.              To the fullest extent permissible by law, :

 

11.2.2.            the Lessor disclaims all warranties, any representations of fitness for purpose of any kind, whether express or implied in respect of the Equipment and the Lessee utilises the Equipment at its own risk.

 

11.2.3.            The Lessee agrees that the Lessor is unable to, and is not required to, guarantee a particular result or set of commercial results.

 

11.2.4.            The Lessee agrees that neither the Lessor nor any of the Lessor’s Associates shall be liable for any Losses however arising and whatever the cause.

 

11.2.5.            The Lessee irrevocably waives any claims it may have against the Lessor and/or the Lessor’s Associates arising out of, or related to (and agrees not to institute any proceedings in respect of), the use of the Equipment and/or this Agreement more than 1 (one) year after the cause of action relating to such claim or legal action arose.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 11

 

12.     INDEMNITY

 

12.1.                  The Lessee hereby indemnifies the Lessor and the Lessor’s Associates from any Losses which may arise as a result of the Lessee’s unlawful conduct, wilful misconduct, negligence and/or gross negligence.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 12

 

13.            DAMAGE TO EQUIPMENT

 

13.1.                  Should the Equipment be destroyed or damaged to such an extent as to render it substantially or wholly unfit to be used for the purpose for which it is intended, then neither Party shall be entitled to terminate this Agreement.

 

13.2.                The Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment for the duration of this Agreement, whilst in the possession of the Lessee, and until such time thereafter as all Equipment has been returned to the Lessor.

 

13.3.                In the event of loss or damage of any kind whatsoever to the Equipment, as per clause 13.1 above, the Lessee shall notify the Lessor the same day of loss or damage.

 

________________________

Lessee to initial confirming

acceptance of the terms of

this clause 13

 

14.            BREACH

 

14.1.                  Should either Party (“Defaulting Party”) commit any breach of any term, condition, undertaking, warranty or representation contained in this Agreement and:

 

14.1.1.              should such breach be incapable of being remedied; or

 

14.1.2.            should such breach be capable of being remedied, and should the Defaulting Party fail to remedy such breach within 20 (twenty) Business Days,

 

14.2.                then, unless the Parties agree in writing that such breach can be remedied by the payment of money in respect of any loss, the other Party (“Aggrieved Party”) shall be entitled, at its election, without prejudice to any other rights which it may have in terms of this Agreement or at law, either:

 

14.2.1.            to require the Defaulting Party to make specific performance without prejudice to its rights and to claim damages; or

 

14.2.2.          to cancel this Agreement without prejudice to its rights and to claim damages.

 

15.            DISPUTES

 

15.1.                 Any dispute which arises between the Parties in respect of this Agreement shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.

 

15.2.                If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

 

15.3.                Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude a Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

 

15.4.               The arbitration referred to in clause 15.2 shall be held:

 

15.4.1.           within the jurisdiction set out in item 9 of the above Table or other venue agreed by the Parties in writing;

 

15.4.2.          in English; and

 

15.4.3.          immediately and with a view to its being completed within 21 (twenty‑one) days after it is demanded.

 

15.5.               The Parties irrevocably agree that the decision in arbitration proceedings:

 

15.5.1.           shall be final and binding upon them;

 

15.5.2.          shall be carried into effect; and

 

15.5.3.          may be made an order of any court of competent jurisdiction.

 

15.6.                       This clause shall be severable from the rest of this Agreement and therefore shall remain effective between the Parties after this Agreement has terminated.

 

16.           ENTIRE AGREEMENT

 

16.1.                 This ­Agreement constitutes the entire agreement and understanding of the Parties and supersedes and merges any and all prior proposals, understandings and agreements, oral and written, between the Parties concerning the subject matter hereof.

 

17.            DOMICILIUM CITANDI ET EXECUTANDI

 

17.1.                  The Parties choose the respective addresses set forth in clause 1.1.7 and item 1 of the above Table as their respective domicilium citandi et executandi (“domicilium”) for all purposes arising from this Agreement and as their respective addresses for the service of any notice required to be served upon them. 

 

17.2.                A Party may change its domicilium to any other physical address or telephone or email address by written notice to the other Party to that effect. Such change of address will be effective seven days after receipt of notice of change of domicilium.

 

17.3.                All notices to be given in terms of this Agreement will be given in writing.;

 

17.3.1.            be delivered by email, facsimile or sent by courier;

 

17.3.2.           if delivered, be presumed to have been received on the date of delivery.

 

17.4.                If any notice is sent by email, the provisions of the Electronic Communications and Transactions Act 25 of 2002 governing receipt of data messages, shall apply.

 

17.5.                Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has been given in accordance with the provisions of this clause.

 

18.            GENERAL

 

18.1.                  This Agreement constitutes the sole record of the agreement between the Parties in regard to the subject matter hereof.

 

18.2.                Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein or reduced to Writing and signed by the Parties or their representatives.

 

18.3.                No addition to, variation or consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement, or its breach or termination, shall be of any force or effect unless reduced to writing and signed by the Parties or their duly authorized representatives.

 

18.4.               For the avoidance of doubt, data messages as defined in the Electronic Communications and Transactions Act No.25 of 2002 shall not constitute “writing” for purposes of this clause, whether such data message includes an electronic signature or not.

 

18.5.                No indulgence, which either Party may grant to the other, shall constitute a waiver of any of the rights of the grantor.

 

18.6.                If any provision of this Agreement should be wholly or partly invalid, unenforceable or unlawful, then this Agreement shall be severable in respect of the provision in question (to the extent that it is invalid, unenforceable or unlawful) and the remaining provisions of this agreement shall remain in full force and effect.

 

18.7.                This Agreement and performance hereunder shall be governed by the laws of the South Africa without regard to conflicts of laws. The Parties hereby consent and submit to the jurisdiction of the appropriate South African court within the jurisdiction set out in item 9 of the above Table.

 

18.8.               A certificate issued and signed by a duly authorised manager of the Lessor (whose authority need not be proven) stating the amount owed by the Lessee to the Lessor, will constitute prima facie proof of the facts stated therein and the amount of the indebtedness of the Lessee to the Lessor. Such a certificate may be used in support of any application by the Lessor for default judgement, provisional sentence or summary judgement or any other legal proceeding.

 

18.9.               All costs, charges and expenses of any nature whatever which may be incurred by a Party in enforcing its rights in terms of this Agreement, including legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from the Party against which such rights are successfully enforced.

 

18.10.             This Agreement may be executed in one or more counterparts and in separate counterparts, each of which when executed shall be deemed to be an original but when taken together shall constitute one and the same Agreement.

 

 

 

—Remainder of Page Left Blank for Signature Purposes—


 

 

 

THUS DONE and SIGNED at ________ on this the________day of___________20           

 

 

 

                                                                                                                                               

                                                                                    LESSOR

                                                                                                               

 

                                                                                   

 

THUS DONE and SIGNED at ________ on this the________day of___________20           

 

 

 

                                                                                                                                               

                                                                                    LESSEE

           

 

August Accelerator

 

1.        August Accelerator Terms & Conditions

 

1.1.        The "August Accelerator” promotion is valid from August 1st to August 31st, 2023.

1.2.       This promotion is applicable to new customers who sign up for a Getwiza internet plan during the promotional period.

1.3.       The promotion is applicable to all packages on the Fibre Geeks network, excluding 20/10Mbps and Social Development packages. No other networks are included in the promotion

1.4.       As part of the promotion, customers will receive a discount on their monthly internet service fee for the first 4 months.

1.5.       In the event that the customer cancels their subscription within the first 12 months or their account falls into a suspended state due to non-payment, Getwiza reserves the right to claw back the following fees and discounts:

1.5.1.      Installation & activation fee to the value of R1380.

1.5.2.    The total value of the promotional discount received during the active months.

1.6.      The clawed-back amount will be deducted from any refunds or owed payments to the customer upon cancellation.

1.7.       Customers must adhere to the terms and conditions outlined in the Getwiza service agreement and standard terms & conditions.

1.8.      This promotion cannot be combined with any other ongoing offers or discounts.

1.9.       Getwiza reserves the right to modify or terminate this promotion at any time without prior notice.

 

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