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Please read the following terms very carefully as they set out your rights and obligations when you subscribe to or use our capped ADSL Service.
1. ADSL SERVICE DESCRIPTION We provide a capped asymmetric digital subscriber line (ADSL) service that enables you to send and receive data and email and to access the Internet using a high-speed connnection (ADSL service).
2. INTRODUCTION 2.1. By using or subscribing to the ADSL Service you agree that you have read, understand are bound by:and 2.1.1. Online Direct’s terms & conditions, set out at: www.247online.co.za/terms_and_conditions.html 2.2. If you do not want to be bound by the General Terms and the ADSL Service Terms, you must not use or subscribe to the ADSL Service. 2.3. In the case of an inconsistency between the ADSL Service Terms and the General Terms, the General Terms will prevail to the extent that such terms and conditions apply to the ADSL Service.
3. INTERPRETATION 3.1. In these ADSL Service Terms: 3.1.1. the singular includes the plural and vice versa; 3.1.2. amounts exclude VAT unless otherwise stated; 3.1.3. ADSL means an Asymmetric Digital Subscriber Line which transmits your data onto the Telkom network; 3.1.4. ADSL Service or Service means the provisioning of the ADSL and Cap; 3.1.5. ADSL Website means the website located at: www.onlinedirect.co.za 3.1.6. Application Form means the document in terms of which you apply for the Service, select your desired Cap and provide related information to us; 3.1.7. Auto Booster means the Out of Package Usage of 1 Gig which will automatically be made available to you when you reach or exceed your Base Cap, should you subscribe for this service; 3.1.8. Booster means Out of Package Usage that you can purchase from us to increase your Base Cap; 3.1.9. Capped Booster means Out of Package Usage that is made available at a fixed price in fixed quantities of either 1GB or a 3GB 3.1.10. Date of Activation means the date from which you will be in a position to send and receive data and email and access the internet by making use of the ADSL service; 3.1.11. Base Cap or Cap means the amount of data, measured in Gigabytes (GB), that would like to send and receive during the course of a calendar month and can be 1GB, 2 GB; 3 GB; 6 GB; 9 GB or 12 GB; 3.1.12. Fixed Term Agreement means an a contract for the provisioning of the Service for a period of 12 months; 3.1.13. Kbps means kilobytes per second; 3.1.14. Meg means megabyte; 3.1.15. Modem or Router means the device which is used to connect your computer to the Telkom Telephone Service, in order to enable the ADSL Service; 3.1.16. Out of Package Usage means data sent or received over and above your Base Cap; 3.1.17. Self Install Option means that you are in a position to complete the part of the ADSL line installation that is required to take place at your premises, yourself; 3.1.18. Service Fee means the amount which we will charge you for the rental of the ADSL and the Cap selected by you, as recorded in the Application Form and/or displayed on the Online Direct (Pty) Ltd website; 3.1.19. Subscribe means your act of gaining access to the ADSL Service by entering into an agreement with us for the provisioning of the Service to you; 3.1.20. Telkom means Telkom SA Ltd; 3.1.21. Telkom Resell ADSL Terms and Conditions means the Telkom Resell ADSL product-specific conditions, which are available at insert; 3.1.22. Telkom Telephone Service means a fixed access line for making and receiving telephone calls; 3.1.23. Unit Price means the cost per megabyte of the Usage Based Booster; 3.1.24. Usage Based Booster means Out of Package Usage for which you will be charged per megabyte; 3.1.25. Use includes (without limitation) accessing, retrieving, downloading, logging on to or viewing the ADSL Service; 3.1.26. VAT means Value added Tax; and 3.1.27. We, us and our means Online Direct (Pty) Ltd and its affiliates and subsidiaries.
4. DURATION AND TERMINATION OF THE AGREEMENT 4.1. This agreement commences on the date on which we confirm that we are in a position to provide the Service to you and will terminate: 4.1.1. In the case of a Fixed Term Agreement: upon the expiry of a period of 12 months following the Date of Activation, whereupon the agreement will continue on a month to month basis subject to termination by you by giving us 1 (one) calendar month’s written notice, which may not be given prior to the expiry of month 12; 4.1.2. In the case of a month to month arrangement: upon receipt in writing from you of 1 (one) calendar month’s notice, which notice will take effect on the first day of the month immediately following the end of the 1 month notice period; or 4.1.3. On the date specified in a notice in writing from us which we may give in the event of termination of the agreement between us and Telkom relating to the ADSL Service. 4.2. We reserve the right to suspend the provisioning of the Service to you in the event of inter alia non-payment by you of any fees due to us under this agreement or non-payment by you to Telkom of your Telkom Telephone Service. You will, however, under these circumstances be able to be reconnected to the Service upon payment of a re-activation fee. 4.3. We reserve the right to terminate the provisioning of the Service to you in the event of inter alia non-payment by you of any fees due to us under the agreement or non-payment by you to Telkom of your Telkom Telephone Service, or the termination by you of your Telkom Telephone Service. 4.4 . We will always use reasonable endeavours to notify you of the suspension or termination of the Service. 4.5. You indemnify us against any damage, loss, cost or claim which we may suffer or incur arising from the suspension or termination of the Service.
5. ADSL ACCEPTABLE USE POLICY 5.1. You will only use the ADSL Service for purposes: 5.1.1. That are lawful; and 5.1.2. For which it was designed. 5.2. You will not use the ADSL Service, directly or indirectly, in a way that: 5.2.1. Is harmful, obscene, discriminatory, defamatory or illegal; 5.2.2. Constitutes hate speech, incitement to commit criminal acts, or invasion of privacy; infringes copyright or other intellectual property rights; 5.2.3. Spreads viruses or other computer or communications software, code, programs or files that impede or destroy the functionality of any computer or communications software or equipment; 5.2.4. Interferes with any third party’s use of the ADSL Service; 5.2.5. Transmits unsolicited bulk messages (“spam”); 5.2.6. Obtains information about or from third parties; 5.2.7. Causes your Cap to be regularly exceeded; or 5.2.8. Otherwise breaches the General Terms or the ADSL Service Terms. 5.3. We reserve the right to limit the number of emails that you may send in any given period or to limit the total message volume (amount of data) sent per hour.
6. DISCLAIMER 6.1. We use the Telkom ADSL network to provide the Service. We accordingly provide the ADSL Service subject to the limitations and terms Imposed by Telkom, which includes the actual availability of the Telkom network. 6.1.1. We will always try to provide the Service to the best of our ability. However, we:- 6.1.2. Provide the ADSL Service “as is” and “as available”; and 6.1.3. Do not warrant or guarantee that the Service:- 7.1.3.1. Is free of errors or interruptions; 7.1.3.2. Is always available; 7.1.3.3. Is fit for any purpose; 7.1.3.4. Does not infringe any third party rights; 7.1.3.5. Is secure and reliable; or 7.1.3.6. Will conform to your timeline requirements. 6.2. We also do not warrant that we will always be in a position to obtain an ADSL for you from Telkom, or that Telkom will continue to make the ADSL used by you available to us for the purposes of this agreement; or that we will always be in a position to lease ADSLs to subscribers as contemplated in clause 4.1.2 above.
7. LIMITATION OF LIABILITY 7.1. You subscribe to and use the ADSL Service at your own risk. 7.2. We are not liable to you or any third party for, and you hold us harmless and indemnify us against, any damages suffered by you or a third party howsoever arising from your Subscription to or use of the ADSL Service, including (without limitation) any damages suffered by you due to:- 7.2.1. Any interruption of or error in the ADSL Service; or 7.2.2. Our failure to fulfil our obligations as a result of uncontrollable events, including without limitation Telkom’s neglect, failure of refusal to make, or to continue to make, the ADSLs or the ADSL Service available to us. 7.3. If you suffer damages or are dissatisfied with the ADSL Service your only remedy is to end your subscription (if it is not for a fixed term) or stop using the ADSL Service. 7.4. In this clause: 7.4.1. Damages means all damages of whatever nature and includes (without limitation) all damages, loss, claims or costs, including (without limitation) loss of data, profits or custom, or business foregone whether:- 7.4.1.1. In contract, delict or otherwise; 7.4.1.2. Direct, indirect, special or consequential; 7.4.1.3. Foreseeable or not; and 7.4.1.4. We were advised of the damages in advance or not; and 7.4.2. Uncontrollable events mean any circumstances beyond our reasonable control, including (without limitation) an act of God, of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, blockade, embargo, sanctions, epidemics, act of any government or other authority, compliance with government orders, demands or regulations, or any act or omission on the part of a third party (including (without limitation) Telkom).
8. INDEMNITY 8.1. You indemnify us against all damages, loss or costs suffered by us or claims instituted against us howsoever arising from: 8.1.1. Your Subscription to or use of the ADSL Service; or 8.1.2. Your breach of the General Terms or the ADSL Service Terms.
9. CHANGE TO ADSL SERVICE TERMS 9.1. We may change any or all of the ADSL Service Terms including (without limitation) the ADSL Service charges at any time upon notice to you. 9.2. Any changes will become effective when we publish them on the ADSL Website. 9.3. You agree to check our legal notices website, the ADSL Website and the ADSL Service Terms periodically for changes. 9.4. By continuing to use the ADSL Service after we make the changes, you agree to be bound by the changed ADSL Service Terms. 9.5. If you do not accept the changed ADSL Service Terms, you must stop subscribing to the service (if you have not subscribed for a fixed term), or stop using the ADSL Service
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