TERMS & CONDITIONS
“We believe in a personal relationship with our clients. To us, you are not just a number”.
1.1 “agreement” means this subscriber agreement read together with the application form;
1.2 “Business Solutionz” means MHYAS Holdings (Pty) Ltd, Registration No. 2016/410896/07;
1.3 “application form” means the hardcopy or electronic document containing the customer’s request for provision of the services;
1.4 “connection charge” means the initial charge for connection to the network as set out in the application form;
1.5 “contract period” means the minimum duration of this agreement, being the period as set out in the application form;
1.6 “customer” means the individual, company, close corporation or trust described as such on the application form;
1.7 “equipment” means the wireless radio equipment of Business Solutionz;
1.8 “ICASA” means the Independent Communication Authority of South Africa or any other authority vested with the power and authority in respect of telecommunication in the Republic of South Africa;
2 PROVISIONS OF THE SERVICES
2.1 Business Solutionz agrees to supply the services to the customer and the customer agrees to accept same.
3.1 This agreement shall commence on the date specified in the application form and shall continue month to month unless terminated by either party giving 1 (one) month notice prior to the end of the period written notice to the termination of this agreement.
3.2 During the first 30 days of this agreement, the customer may cancel the service and terminate the agreement for any reason.
4.1 The customer shall be invoiced monthly in advance for the subscription fees. All invoiced payments are due and payable without deduction or set-off, by direct debit order or in such other manner as Business Solutionz may allow in writing, on or before the 1st working day of each month to Business Solutionz.
4.2 Failure to make payment of any such amounts invoiced to the customer as set out in this agreement shall result in the suspension of services without any liability being incurred by Business Solutionz to the customer.
4.3 In the event of the customer’s services being reconnected after being discontinued, suspended or disconnected, for any reason whatsoever, a reconnection fee will be levied.
5 TERMS AND CONDITIONS OF SERVICES
5.1 Service quality and coverage available to the customer shall be limited to that provided by the network and the services may from time to time be adversely affected by physical features and atmospheric conditions and other causes of interference.
5.2 The customer shall not hold Buisness Solutionz, any of its employees, directors or agents liable for any non-availability or degradation of the services or for any other reason whatsoever.
5.3 Services are used at the customer’s own risk and Business Solutionz makes no warranty and or guarantee that the services will meet the customer’s requirements, be uninterrupted, complete, timely, secure or error free.
5.4 Business Solutionz may collect and use the customer’s personal information and or other data for the purposes of business communications, administration, transacting and any other reason permitted by law.
5.4 The antennas, radios and routers used to deliver the service are the property of Business Solutionz. Business Solutionz may add additional equipment to the customers site in order to strengthen network coverage.
6.1 Business Solutionz’s entire liability including liability for negligence, and in particular, but without limitation, all other statutory, express, implied or collateral terms, common law recourse, conditions or warranties which are excluded will not exceed the amounts set out in Clause 6.5.
6.2 Business Solutionz shall not be liable (including liability for negligence) and the customer accordingly indemnifies Business Solutionz and holds it harmless against all and any loss or damage or injury to the customer whatsoever, no matter when or how arising out of the provision of the services, including, without limitation, any loss and/or damage to the customer’s or any third person’s data, whether such loss, damage or injury is direct or indirect, consequential or contingent and whether foreseeable or not and in particular not be liable for financial loss or loss of profits.
6.3 The customer, further irrevocably indemnifies and hold Business Solutionz harmless against all and any actions (including direct, indirect, special or consequential damages), suits, proceedings, claims, demands, costs, loss of income and, expenses of whatsoever nature and howsoever incurred which may be taken or made against them or be incurred or become payable by the customer or any third party, arising out of this agreement including but not limited to the customer’s negligence or fraud.
6.4 This indemnity applies for Business Solutionz’s benefit and all companies directly or indirectly owned, wholly or partly owned or controlled by Business Solutionz, and all officers, employees, contractors, subcontractors, agents or anyone else to whom Business Solutionz or these parties are responsible for.
6.5 Under no circumstances whatsoever, will Business Solutionz’s liability, whether in contract or otherwise, exceed a sum equal to the subscription fee only, payable at the date of the claim.
7 ABUSE OF THE SERVICES
7.1 The customer acknowledges and agrees that it is aware of and shall at all times comply with all statutory or other regulatory provisions relating to wireless telegraphy and telecommunication services.
7.2 The customer shall not commit nor attempt to commit any act or omission which directly or indirectly which damages in any way Business Solutionz’s network or technical infrastructure or any part thereof, or which impairs or precludes Business Solutionz from being able to provide the services in a reasonable and businesslike manner.
8 SUSPENSION OF SERVICE
8.1 Business Solutionz may from time to time without notice and without any liability whatsoever, suspend the services :-
8.1.1 for modification or maintenance of the network; or
8.1.2 if the customer fails to make any payment of any amount due or payable to Business Solutionz on or before the due date of payment; or
8.1.3 if the customer fails to comply with any of the terms and conditions of this agreement and until the breach is remedied.
9.1 If the customer commits a breach of any of the terms and conditions of this agreement and fails to remedy such breach within a period of 7 (seven) days of having been given notice by Business Solutionz requiring such breach to be remedied, Business Solutionz may, without prejudice to any other rights it may have, whether to claim damages, specific performance or otherwise, cancel this agreement without further notice.
10 FORCE MAJEURE
10.1 Business Solutionz shall not be liable to the customer for any breach of these terms and conditions or failure on Business Solutionz’s part to perform any obligation as a result of the technical problems which it is unable to resolve, relating to the network, termination of any licence to operate or use of the network, act of God, Government control, restriction or prohibitions or any other, Government act or omission whether local or national, act or default of any supplier, agent, or sub-contractor, industrial disputes of any kind or any other similar or dissimilar cause beyond Business Solutionz’s control.
11 SUBSCRIPTION FEES
11.1 Business Solutionz may upon notice vary its subscription fees. Subscription fees will be adjusted annually on or before 1 January of each year.
11.2 Business Solutionz reserves the right to vary the terms and conditions of this agreement in its sole discretion, as a result of new legislation, statutory instruments, Government regulations or licences or any other reason by notice to the customer.
12.1 The customer chooses, as its domicilium citandi ex executandi, for the purpose of service of legal proceedings and notices, the address set out in the application form, or such other physical address in the Republic of South Africa of which the customer may notify Business Solutionz in writing.
13 GENERAL PROVISIONS
13.1 The customer shall not cede, assign, transfer, encumber or delegate any of its rights or obligations in terms of this agreement to any third party without Business Solutionz’s prior written consent.
13.2 This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties unless in writing and save as otherwise provided for in the clauses above.
13.3 The customer hereby consents to the jurisdiction of the Magistrate’s court having jurisdiction over its person in respect of any action by Business Solutionz arising from this agreement or the cancellation thereof. Business Solutionz shall be entitled, in its discretion to institute action against the customer in any Court of competent jurisdiction.
13.4 No latitude, extension of time or other indulgence which may be given or allowed by Business Solutionz to the customer in respect of the performance of any obligations hereunder, and no delay in the enforcement of any right of Business Solutionz arising from this agreement, and no single or partial exercise of any right by Business Solutionz under this agreement, shall in any circumstances be construed to be an implied consent or election by Business Solutionz or operate as a waiver or a novation or otherwise affect any of Business Solutionz’s rights in terms of or arising form this agreement or stop or preclude any Business Solutionz from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term of this agreement.
13.5 This agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
13.6 The headings in this agreement are used for ease of reference only and will have no bearing on the interpretation of the terms of this agreement.
TERMS OF SERVICE
Detailed description of goods and/or services
MHYAS Holdings (Pty) Ltd (herein referred to as Business Solutionz) is an Internet service provider for Internet access.
Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery confirmed telephonically or via e-mail.
By agreeing to use our services you agree to our standard terms and conditions.
Return and Refunds policy
The provision of goods and services by Business Solutionz is subject to availability. In cases of unavailability, Business Solutionz will refund the client in full within 30 days. All goods such as hardware and software remains the property of Business Solutionz until paid in full.
Wireless Equipment Guarantee
Business Solutionz shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
Acceptable use policy
Business Solutionz hosting and Internet access services are governed by our Acceptable Use Policy (AUP). Our AUP policy states that none of services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it.
Business Solutionz uncapped wireless accounts will never be capped. However, our uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If you intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage are affecting other users on our network’s internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individual’s abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service.
Wireless Services – Speeds available
Please note that all Wireless services require a clear line of sight to our nearest tower in order to be effective. The Home Package services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed unlike our business packages which gaurantees the line speed. Variations may exist in the Home packages and if this is the case, we recommend downgrading to a lower package for stability.
Should any of our clients cause spam and disrupt the service to any of our other clients, we will immediately suspend the account of the client responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.
Client Access Disclaimer
Business Solutionz reserves the right to charge a specialized IT Support fee, for any changes or system corrections needed on client installations and networks, in the event of a request for full systems access by the client.
Business Solutionz servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc.
We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken
from the Internet Service Provider’s Association, our governing body.
Payment options accepted
Payment may be made via EFT (Electronic FundsTransfer), Debit Order (Bank Draft) or ATM Cash Deposits. Unless otherwise specified all hosting and Internet access services are payable pro-rata in advance.
Payment on additional invoices
As per the terms on our service application forms, please note that you are in agreement to accept any additional relevant charges submitted against your account, not included in the monthly service invoices. This may include top up invoices or job card invoices.
Business Solutionz’s debit orders are processed once a month, typically on the last working day of each month (please take note that we bill pro rata in advance)
For new client’s your initial debit order amount may include
For example: If you join on the 29 January 2014, your first debit order batch will be as follows:
Debit order will be deducted from your account on 27/02/2014 for the total amount of R 732.90
Should a customer’s monthly debit order return as rejected for any reason, a rejection fee of R50 will incur and this will immediately be billed as a separate invoice.
Upon signing up with Business Solutionz, the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any top up invoices generated for Internet connection. As all invoices are automatically e-mailed immediately after they are generated, it is the client’s responsibility to contact Business Solutionz, should they have any queries relating to an invoice upon receipt thereof.
Business Solutionz takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and Business Solutionz chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Business Solutionz at its sole discretion, may choose to change the terms, conditions and operation of this website at any time without notice. This includes the occasional adjustment of our pricing allowing for the notification of our clients within 21 days.
Non Payment on Overdue Invoices
All invoices – unless otherwise indicated are due COD, or by the first of each month as all monthly services are billed in advance for the upcoming month. Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client’s profile. Should we receive no response with regard to outstanding invoices, the account will be handed over to our listing agency – Accountability. The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment to Business Solutionz. Should payment not be received after the 30 days, the account holder will be blacklisted for non-payment.
It is the responsibility of the client to ensure that Business Solutionz has their updated details, and this is available for each client to view in their client area. It is also the responsibility of the client to be in contact with Business Solutionz to arrange for payment before the account is handed over.
Technical Support regarding Overuse Investigation
Our Internet access platforms already provide clients with detailed statistics of usage. Sometimes clients find it difficult to understand that they are using such a large amount of overuse. If a client is unable to resolve the issue using the tools at their disposal and they would like Business Solutionz to investigate further, our Support team will be able to assist on this matter. For further clarity on this please contact our help desk.
Termination of Service
The General Terms of Service of this agreement commences on the Effective Date and will continue indefinitely, subject to termination by either party on 1 (one) calendar months prior, following our online cancellation procedure.
Cancellations are accepted by completing an online cancellation request in the customer client area. Cancellations are processed as follows:
Please note that should you require your VoIP services cancelled, a 30 day notice period is applicable. As Business Solutionz is a reseller for this product, you will need to request a separate cancellation for this service.
An email should be sent to email@example.com to request that the VoIP services be discontinued and cancelled with the supplier. Business Solutionz will process the cancellation with the supplier on your behalf once the cancellation email has been received.
Client Contact Details
It is the client’s responsibility to keep their contact details up to date.
Health and Safety Regulations
In compliance with best practice, we do not allow engineers to complete any work during harsh winds or on wet surfaces especially roofs. All appointments scheduled on days when there are strong winds or rain, will be rescheduled to the next available date. This is due to safety regulations and the risk of injury.
Business Solutionz has standard procedures for obtaining technical support and escalations.
Clients are requested to log a ticket when experiencing difficulties. Methods for logging tickets are as follows:
When requesting technical support. All our technical support cases are attached to a ticket number which we use to trace the issue through our system. Without a ticket number, we cannot process any support request. Should you not receive a ticket number by default, please ensure that you ask for one. If you require to escalate a call, ensure that you quote your ticket number when proceeding with the escalation request.
Our system is set up to handle all technical support queries in an efficient manner and problems will only be addressed by following one of the three reporting methods above.
Our SLA and turnaround times
The following response time periods are applicable with regards to our support structure:
These times do not include weekends or public holidays.
Standard Labour – New installations – R 500.00 per hour
Support Labour – onsite support or moving equipment – R 500.00 per hour
|Physical Address||Postal Address|
282 st patricks road
|P.O. Box 620, Umzinto,4200 South Africa
+27 (039) 974-0060 (office)
+27 (061) 705 7866 (cell)
|Email : firstname.lastname@example.org|
Installations – Use of own equipment or own installation done
Business Solutionz does not bear responsibility for a lack in QoS (Quality of Service) of the package line stability and speed, when equipment is used for a wireless installation that is not purchased from us directly or if the recommended equipment is not used.
Criminal Activity on Business Solutionz network
No form of criminal activity will be tolerated on Business solutionz network. This includes hacking or phishing or trespassing on any person’s system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Business Solutionz for the information. Business Solutionz, however, reserves the right to disconnect a user’s system until such time as the investigation is completed.