Standard Terms and Conditions
These Terms and Conditions, together with any Application Forms, Schedules and/or Annexures, constitute the entire agreement (“The Agreement”) between you (“The Customer”) and Directel Communications (Pty) Ltd (“Directel”), Reg. Number: 2011/136829/07, Vat number: 4220259586.
1. The Agreement shall commence on the Commencement Date as stipulated in the Application Form, and shall, unless otherwise provided for, remain in force unless and until terminated in accordance with the provisions of this Agreement.
2. It is recorded herein that the Internet Services provided by DIRECTEL for access to the Internet shall be subject to the terms and conditions as set out in this Agreement and furthermore subject to Telkom’s Standard Conditions for Public Switched Telecommunication Services, as amended from time to time, which is incorporated herein. The Customer shall obtain a copy of such terms and conditions, which is available upon request.
3. DIRECTEL shall provide the Software to enable the Customer to access and use the Internet through the DIRECTEL’s facilities subject to the terms of this Agreement. DIRECTEL hereby grants to the Customer a non-exclusive license for the term to use Firewall Software in accordance with the further provisions of this Agreement. For the avoidance of doubt, all rights in and to such Software vest in DIRECTEL. DIRECTEL shall establish and direct technical procedures for the use of the Services from time to time, and the Customer agrees to follow DIRECTEL’s reasonable instructions and procedures therein. DIRECTEL reserves the right to amend the technical procedures from time to time, which shall become effective without prior notice thereof to the Customer.
4. DIRECTEL reserves the right at any time, without notice, to immediately suspend and/or terminate the provision of access to the Internet or other Services due to non-payment by the Customer or should it be required to comply with such a requirement in terms of any laws or regulations in effect and applicable to this Agreement. The Customer agrees to effect payment by way of Debit Order, unless otherwise agreed, and hereby consents to DIRECTEL deducting fees, deposits and other amounts from the account/s specified. The Customer, shall be liable, and immediately pay upon demand, for unauthorized bandwidth usage over and above the agreed bandwidth usage in any particular month, notwithstanding the fact that the Customer may have access to and use of any additional bandwidth in such month.
5. DIRECTEL shall not be liable in terms of the Agreement in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or any third party which arises out of or is pursuant to any negligent act or omission of the DIRECTEL or its consultants/employees due to boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, and work stoppages, however not limited thereto. Nevertheless, the Customer shall not withhold payment in these circumstances. Directel Communications (Pty)Ltd
6. The Customer acknowledges that the Services are used at own risk.
7. DIRECTEL will not be liable in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or third party;-
7.1 Resulting from the Customer’s or third party’s access to and use of the Services, hacking, unauthorised interference with data, loss of business information or data, distributing technology to counter security, virus or other malicious service attacks, Spam, errors or any other online infringements.
7.2 Which arises out of or is pursuant to any failure to provide continuous access to the Services, or is pursuant to any negligent act or omission of DIRECTEL or its consultants/employees or is pursuant to any gross negligent or wilful act or omission of DIRECTEL or its consultants/employees.
7.3 Resulting from material, which may be accessible through use of and access to the Internet Services, and the Customer’s access to, assimilation of, and distribution of all and any material accessed via the Internet, is at the Customer’s sole risk.
7.4 Resulting from the Customer’s or third party’s use of the Internet for unlawful purposes, including but not limited to, fraudulent activities, child pornography or other obscene material.
8. In no event, whatsoever, shall DIRECTEL or its consultants or employees be liable to the Customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, support services, Hardware, Firewalls, Software and Web hosting rendered by DIRECTEL in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.
9. The Customer indemnifies DIRECTEL against any liability arising out of a breach of any of the Customer’s warranties, and of the Customer’s negligence in respect of the content and the Website or Website design.
10. The cancellation period if a month to month option is selected, will be 30 days (1 calendar month) in writing – minimum of 2 months service. The cancellation period if a 12 or 24 month option is selected, will be 30 days (1 calendar month) in writing before the end of the initial contract period – Cancellation before end of initial period will carry a penalty fee.
11. Until the purchase price has been paid in full to DIRECTEL, save where the prior written consent of DIRECTEL has been obtained, notwithstanding delivery of Hardware or Software to the Customer, ownership of the goods shall remain vested in DIRECTEL until the entire purchase price and all other amounts due to DIRECTEL in terms of this Agreement have been paid in full.
12. The Customer hereby indemnifies and agrees to keep indemnified DIRECTEL in respect of all claims made by a third party that the Software or the Website or any part thereof contains any material or information which infringes any right of the third party and, further indemnifies DIRECTEL against all costs and damages awarded against DIRECTEL under any judgment in any jurisdiction as a result of such claim.
13. A customer who signs the Agreement on behalf of a Company, Close Corporation or Trust, hereby binds himself/herself as surety and co-principal debtor jointly and severally with the Company, Close Corporation or Trust (“the Debtor”) for the due performance by the Debtor of all its obligations to DIRECTEL arising from any cause whatsoever and whether presently due, owing and payable or becoming due, owing and payable in the future.
14. Unless expressly authorized, account sharing, for any Services offered by DIRECTEL, is strictly prohibited and shall cause for immediate suspension and/or termination of Services without prior notice.
15. DIRECTEL acknowledges that every individual has the right to privacy and undertakes to keep such information private and confidential; however DIRECTEL may be forced to disclose information to a Court of Law. Any individual who feels that another person has incriminated him/her, may report the activity to the nearest Police station.
16. DIRECTEL reserves the right to monitor user and network traffic for site security purposes and reserves the right in sole discretion to remove information or data that is deemed to be offensive, indecent, or otherwise objectionable.
17. Please note that all VPN traffic is calculated at 1.5 times the normal rate.
18. The Customer shall pay all amounts due to DIRECTEL in advance, unless otherwise agreed in writing and upon receipt by the Customer of the relevant invoices. If payment is not received by the due date, DIRECTEL shall be entitled to charge interest on the unpaid amount, which is payable by the Customer, at the overdraft rate charged by DIRECTEL’s Bankers plus 5% per annum, compounded monthly and calculated from the due date of payment.
19. Should DIRECTEL incur costs in the collection of any Debt in terms of the Agreement, the Customer shall pay such costs on the attorney-and-client scale as well as collection costs calculated at 10 % (TEN PERCENT) of each and every payment made in reduction of the Principal Debt, interest and costs.
20. The Parties elect the following addresses as their respective domicilium citandi et executandi:- – DIRECTEL Communications (Pty) Ltd, 804 Hammets Crossing, 2 Selbourne Road, Fourways, Johannesburg, 2188. – Customer: the address as stipulated on the Application Form. – Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such notice is received by the addressee, at least seven (7) calendar days prior to such change taking effect.
21. The parties irrevocably consent to the jurisdiction of the Magistrates Courts for matters arising from or in connection with the Agreement, provided that DIRECTEL may institute proceedings claiming relief, whether interim, permanent, urgent or not, from any Court in South Africa with jurisdiction to hear and determine the matter. Directel Communications (Pty)Ltd
22. This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.
23. The Service/s rendered by DIRECTEL shall be capable of change or variation by the Customer by way of Online Account Management, facsimile and/or email, however Service/s shall not be capable of change or variation by way of telephone. Any variation of or addition to this Agreement will be not be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.
24. In the event that the Customer commits a breach of the terms and conditions of the Agreement and fails to remedy such breach within 7 (SEVEN) calendar days after receiving notice from DIRECTEL, to do so, DIRECTEL may without prejudice to any other remedies which they may have in terms of the Agreement or at law, be entitled to terminate the Agreement by written notice to the Customer.
25. Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other. No indulgence, waiver, leniency or extension of a right, which the Customer may have in terms of this Agreement, shall in any way prejudice DIRECTEL, or preclude DIRECTEL from exercising any of the rights that it has derived from this Agreement, and shall not be construed as a waiver of that right.
26. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. DIRECTEL reserves the right to amend these standard conditions from time to time.
DIRECTEL contact details are as follows:
Postal address: PO Box 3572, Witkoppen, 2068, South Africa
Physical address: 804 Hammets Crossing, 2 Selbourne Road, Fourways, Johannesburg, 2188
Telephone: +27 (0)100 150 150
Email: [email protected]
Website: www.directel.co.za
