Definitions

“Mtelconnect” MTELCONNECT (PTY) LTD.

Terms Subject to Change

• Mtelconnect may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Mtelconnect Website. It is the responsibility of the Customer to keep itself informed of the latest version of the general terms and conditions by accessing the Mtelconnect Website on a regular basis.
• Mtelconnect will give at least one calendar month’s’s notice for the amendments or fee change, which will become effective at the beginning of the first calendar month after the notice period has expired.

Conduct and Mtelconnect Brand

• Customers will be held accountable for their conduct towards Mtelconnect staff and in the public domain with regard to allegations or malicious conduct directed towards Mtelconnect or its staff.
• Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at Mtelconnect or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Mtelconnect reserves the right to suspend or terminate Services to a Customer in such cases.
• Customers using public platforms to spread false allegations, unreasonably or maliciously diminish the reputation or the public perception of the Mtelconnect brand, may have their Services suspended or terminated, depending on the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
• Mtelconnect reserves the right to terminate services where a Customer has shown a disregard for the Terms & Conditions, Acceptable user policy, Privacy policy or any other contractual obligations
• Mtelconnect respects the rights of our customers and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

Applications and Initiation

• Mtelconnect will provide the Goods and Services to the Customer as described in an Application or Service Order in terms of the signed Agreement.
• Mtelconnect reserves the right to refuse to commence the provision of Services based on the Customer’s prior conduct.
• An Application, once signed and/or submitted via the Mtelconnect website and accepted by Mtelconnect shall become a Service Order.
• Each Service Order will form a separate contract between the Customer and Mtelconnect (unless amended or renewed by another Service Order).
• The terms of one Application or Service Order will not apply to another unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
• The Customer consents to Mtelconnect carrying out a credit check on the Customer at any applicable credit bureau and may make the provision of the Goods or Services dependent on its satisfaction with the results.
• The following legal documents also apply to the provision of Mtelconnect Fibre Services and is binding on any subscriber to such service: as follows Standard Terms and Conditions available on www.openserve.co.za | www.metrofibre.co.za | www.vumatel.co.za
• Customers and potential Customers must familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

Require on-site support

Should Mtelconnect be called to the site to resolve an issue that is not a fault of Mtelconnect, the client will be charged for labour and travel at R650 per hour plus VAT if applicable.

Service resale or rebranding

Mtelconnect services may not be rebranded and sold under a 3rd party provider unless agreed upon in writing by the CEO of Mtelconnect.

Cancellation

Any and all correspondence must be sent to accounts@mtelconnect.co.za
We require 20 business days’ notice upon cancellation as per the Consumer Protection Act.
The customer will be liable for the notice month.

Equipment warranties

To reduce the costs of equipment to the end user, Mtelconnect will only charge a transport and handling fee on top of our cost of equipment sold to the end user and in doing so the equipment warranties shall fall to our suppliers under their terms and conditions, this means that if equipment fails within the suppliers warranty term, it will be an “over-the-counter-warranty” and there will be a cost to remove the equipment from the end user and transport it to the supplier and from the supplier back to the end user.

Payment and Penalties

• Mtelconnect reserves the right to terminate services where a Customer has shown a repeated disregard for payment terms and consistently fails to make regularly scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Mtelconnect’s discretion and may vary. The means and terms of termination will be determined at Mtelconnect’s discretion. Notice of termination will be provided to the best of Mtelconnect’s ability, but Mtelconnect will not be held liable for claims or requests for further provision of services once a Customer’s services have been terminated due to non-payment.
• In cases of suspension of Services due to non-payment, Mtelconnect reserves the right to levy both a Reconnection Fee and an Admin Fee. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
• In the case of billing disputes, the onus is upon the Customer to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Customers with successful disputes by means of an account credit or refund, at Mtelconnect’s discretion.
• Unless otherwise agreed:
  • Billing will commence on the 25 of the month. Partial months will be charged pro rata.
  • Services are callouts are billed in advance and all invoices must be paid by the Customer in advance.
  • Any Services invoiced in arrears are payable on the presentation of the invoice.
  • Automated service suspensions for non-payment run on the 5th of the following month.
  • Reconnections are done manually and only happen during office hours from Monday to Friday 8:00 AM to 17:00 PM.

Limitation of Liability and Indemnity

• Mtelconnect will not be liable to the Customer or any third party for any and all damages, loss, claims, or costs of any nature including but not limited to direct, indirect, consequential or special damages suffered by the Customer or any third party however arising, and Mtelconnect will moreover not be liable whether the loss was the result of an act or omission of a Mtelconnect employee.
• In the event that Mtelconnect is nonetheless held liable, the quantum of Mtelconnect’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Mtelconnect or any other cause.
• Use of the services indicates that the Customer indemnifies and holds Mtelconnect harmless in respect of any damages, loss, costs or claims instituted against Mtelconnect arising from any application or subscription to or the use of any service or breach of the terms and conditions applicable to it.
• These limitations on liability and indemnities apply to the benefit of Mtelconnect and Mtelconnect’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Mtelconnect System.
• Nothing contained in this clause will limit the Customer’s liability in respect of charges incurred for ongoing Services.
• Where the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Mtelconnect to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
• In the case of ambiguity, this clause will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

Interpretation & General

• This Agreement forms the basis of the agreement between the parties and should be read together with the service application and all documents and/or terms and conditions referred to therein. Only a written variation, waiver, or cancellation agreed to by both parties will be of any effect.
• The laws of the Republic of South Africa will apply to this Agreement, its interpretation, and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the Republic of South Africa in this regard.
• For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
• The signatories acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
• If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
• In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.

Protection of Minors

• Mtelconnect prohibits Clients from using our service to harm or attempt to harm a minor, including, but not limited to, hosting, possessing, disseminating, distributing, or transmitting material that is unlawful.
• Mtelconnect will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Urban Wave undertakes not to contact minors about promotional offers or for marketing purposes without parental consent.