WTTX Communications Terms and Conditions.
Last Updated: 29/05/2023
1.1 These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use and/or purchase of any of WTTX Communications (Pty) Ltd (Registration Number: 2017/094196/07) (“the Provider”) services and/or products (“WTTX Products and Services”).
1.2. By accessing, utilizing, subscribing for and/or acquiring any WTTX Products and Services, the User agrees to be bound by these Terms and Conditions.
1.3. The content of these Terms and Conditions is proprietary to the Provider. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained in these Terms and Conditions and/or the website and accompanying uniform resource locator (“URL”) on which they are located for any purposes whatsoever without the prior written consent of the Provider.
2.1. When any number of days is prescribed in these Terms and Conditions, 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.
2.2. No provision of these Terms and Conditions constitutes a stipulation for the benefit of any person who is not a party to an agreement entered into with the Provider.
2.3. A reference to a Party includes that Party’s successors-in-title and permitted assigns.
2.4. Unless inconsistent with the context, an expression which denotes:
2.4.1. any one gender includes the other gender;
2.4.2. a natural person includes an artificial person and vice versa; and
2.4.3. the singular includes the plural and vice versa.
2.5. The expiration or termination of an agreement entered into between the User and the Provider shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2.6. The rule of construction that the Terms and Conditions shall be interpreted against the party responsible for the drafting or preparation of the Terms and Conditions, shall not apply.
2.7. Any reference in these Terms and Conditions to an enactment is to that enactment as at the date of drafting of the Terms and Conditions, and as amended or re-enacted from time to time.
2.8. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
3.1. The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions.
3.2.1 Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions.
3.2.2 Notwithstanding the aforegoing, the User (where he acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter into enter into and bind the juristic person to these Terms and Conditions.
4.1. The Provider is a private company registered in terms of the company laws of the Republic of South Africa and specialises in inter alia the provision and delivery of wireless and fibre internet connectivity services together with the provision of voice of internet protocol (“VOIP”) and cloud-based solutions to its various clients. WTTX is licensed by the Independent Communications Authority of South Africa (“ICASA”) to provide Electronic Communications Network Services (“ECNS”) under license number: 0948/CECNS/NOV/17.
4.2. The aforegoing should however not be construed as an exhaustive list of WTTX Products and Services and the Provider reserves the right to expand and/or detract from the WTTX Products and Services without notice to the User.
4.3. Unless otherwise expressly stated, the Provider provides no warranty in relation to the WTTX Products and Services. The User confirms acknowledges that it is satisfied that they are fit for purpose and that is has not relied on any warranty or representation from the Provider in this regard.
5.1. The Provider may make use of third parties in the delivery of WTTX Products and Services.
5.2. Consequently, no provision contained in these Terms and Conditions should be construed as placing an obligation on the Provider to render the WTTX Products and Services (or any matter or thing ancillary or related thereto) personally.
5.3. The Provider is expressly entitled and authorised to cede, assign and/or delegate any obligation as arises from a contractual relationship entered into with a User to an appropriate third party (as determined by the Provider acting in its sole, absolute and unfettered discretion) as deemed fit and/or expedient by the Provider. The User may not transfer, cede or assign any right or obligation as arises from a contractual relationship entered into with the Provider, without the Provider’s prior written consent.
6.1. In order to enter into a binding agreement with the Provider as relates to WTTX Products and Services, the User is required to complete and deliver a signed written request for Provider to deliver and /or render the WTTX Products and Services (“Service Order”), alternatively accept a quotation or other form of written proposal (“Proposal”) made by the Provider.
6.2. Notwithstanding the above, the Provider shall only be deemed to have entered into an agreement with the User upon the Provider indicating its written acceptance of a Service Order, counter-signing a Proposal or other form of written offer to initiate delivery and /or rendering the relevant WTTX Products and Services or otherwise unequivocally and intentionally expressing its intention to do so.
7.1.1 If a conflict exists between the body of these Terms and Conditions, a Service Order and/or a Proposal, the documents shall prevail in the following order, and the provisions of the prevailing document shall override and supersede any conflicting or inconsistent terms: (1) the Quotation; (2) the Service Order; and (3) the Terms and Conditions (except in respect of any specific provision therein which is expressly stated to prevail in the event of any conflict).
8.1 Payment terms and conditions relating to WTTX Products and Services shall be embedded in the Proposal or otherwise communicated to the User in writing.
8.2. Should the User fail to make any payment on the due date stipulated therefore, the Provider shall be entitled to levy interest on the outstanding amount at the greater of the rate of 2% (two percent) per month calculated from the due date to date of final payment (both days inclusive) or the maximum rate prescribed by law (including, where applicable, the of the National Credit Act No. 34 of 2005 [“NCA”]).
8.3 In addition, and without detracting from the aforegoing, the Provider shall be entitled to immediately cease delivery and/or rendering the relevant WTTX Products and Services upon a failure by the User to make any payment on the due date therefore or failing to comply with any obligation or breaching any provisions of the Proposal and/or these Terms and Conditions.
9. RESERVATION OF OWNERSHIP
9.1. Albeit risk in and benefit of WTTX Products and Services shall pass to the User on date of delivery or deemed delivery (as the case may be) to the User, ownership in all WTTX Products and Services shall remain vested in the Provider until such time as payment has been made therefor in full by the User. The User shall be required to keep any such products and/or equipment forming part of the WTTX Products and Services adequately insured for the duration of the term in which risk and benefit is carried by the User under a policy of insurance commensurate with the risks to which the applicable products and/or equipment or ordinarily exposed. The User shall (at the request of the Provider) provide the Provider with reasonable documentary proof of such insurance and ensure that the Provider is named as a co-insured under such policy of insurance.
9.2. Where any Product is leased and/or otherwise availed to the User under the express term that ownership thereof shall remain in WTTX, ownership shall remain vested in WTTX for the duration of the term specified in the Proposal. The User shall take good and proper care of such Product and return same to WTTX upon termination of the term specified in the Proposal in the same condition it was when delivered to User, fair wear and tear accepted.
10.1. In making an enquiry, submitting a Service Order or otherwise expressing an interest to procure WTTX Products and Services, the Provider may undertake such vetting processes as it deems reasonably necessary and/or desirable in determining whether it is desirous of entering into a relationship with the User in relation to WTTX Products and Services.
10.2. Such vetting process may include a credit check conducted through one or more credit bureaus. To this extent, the User consents to such credit check, in the manner envisaged in section 68 of the NCA.
10.3. Entering into any form of agreement or assuming any obligation in relation to the User in terms of WTTX Products and Services remains the decision of the Provider, which may be exercised in the sole, absolute and unfettered discretion of the Provider.
11.1. The Provider may alter, modify, upgrade or update its network, hardware, technology and related infrastructure from time to time.
11.2. Similarity, third parties, on whom the Provider is reliant may alter, modify, upgrade or update the network, hardware, technology and related infrastructure from time to time.
11.3. Whilst the Provider will utilise reasonable commercial endeavours to minimize the impact on WTTX Products and Services in consequence of the aforegoing actions, it may from time to time become necessary and/or otherwise result in suspension, downtime and/or unavailability of WTTX Products and Services.
11.4. In addition the User may experience suspension, downtime and/or unavailability of WTTX Products and Services for reasons beyond the reasonable control of WTTX.
11.5. The User expressly and specifically acknowledges that it will not have any claim for any damage, harm, inconvenience or loss in relation to the above.
11.6 Where an uptime guarantee is contained in the Proposal, the Users’ remedy (upon the Provider failing to achieve same) is limited to a pro rata reduction in the fee payable for the specific WTTX Products and Services failing to achieve the uptime guarantee in relation to the measurement period in question. Unless, otherwise stated, uptime guarantees shall be measured monthly.
12.1 By accessing, utilizing, subscribing for and/or acquiring any WTTX Products and Services, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and that such transmission constitutes proper notice to the User.
13.1 The User consents to the processing of personal information (“the Personal Information”), as such term is contemplated in the Protection of Personal Information Act No 4 of 2013 (“POPIA”). submitted by the User to the Provider in the Service Order or as is reasonably required by the Provider to deliver and/or render the WTTX Products and Services, conduct its vetting process and/or render a Quotation (“the Personal Information”) together with the following:
13.1.1 The User’s name, address, phone number and email address;
13.1.2. IP address;
13.1.3. The web browser utilised by the User;
13.1.4. language settings;
13.1.5. geographical data;
13.1.6. search preferences;
13.1.7. Information required to identify a mobile or other electronic device used by the User, including the device ID and location; and
13.1.8. reviews regarding services available on the Provider’s Website.
13.2. The Personal Information will be processed by the Provider, pursuant to and for the following purposes:
13.2.1. verifying the identity of the User;
13.2.2. entering into and concluding an agreement with the User;
13.2.3. sharing such information with third parties who require same in respect of any component of the WTTX Products and Services to be rendered to the User by the applicable third party;
13.2.4. verifying the credit worthiness and credentials of the User;
13.2.5. transmitting and receiving necessary correspondence to the User in relation to WTTX Products and Services;
13.2.6. facilitating delivery and rendering of the WTTX Products and Services to the User;
13.2.7. processing payments, refunds and the like in respect of WTTX Products and Services;
13.2.8. transmitting marketing material to the User in respect of WTTX Products and Services sold by the Provider or the Provider’s partners, contractors or third-party service providers;
13.2.9. performing website analytics, such as impression reporting, demographic reporting and interest reporting to improve the Provider’s services; and
13.2.10. exercising any legal right or obligation accruing to the Provider or the Provider’s partners, contractors or third-party service providers.
13.3. Failure by the User to submit the requisite personal information will render the Provider unable to deliver the products to the User.
14.1 The User Shall:
14.1.1 be solely responsible for all third-party charges, costs or other fees payable in relation to the utilisation of the WTTX Products and Services;
15.1. The Provider shall take appropriate, reasonable technical and organisational measures as envisaged in POPIA to secure the integrity and confidentiality of Personal Information in its possession in order to guard against:
15.1.1. loss of, damage to or unauthorised destruction of personal information; and
15.1.2. unlawful access to or processing of personal information.
15.2. The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring in relation to the User (including without limitation, the User’s network, VOIP system, any electronic infrastructure or equipment, personal computer or other electronic device), save where such harm occurs on account of wilful misconduct and/or fraudulent or criminal actions of the Provider.
16.1. Neither the Provider, its directors, prescribed offers, agents or assigns, shall be held responsible for any indirect or consequential damage, loss or harm of any kind whatsoever suffered or incurred, in relation to the WTTX Products and Services.
16.2. Without detracting from the generality of the aforegoing, should the Provider be found by a competent court with jurisdiction to be liable to the User in manner, fashion, shape or form, such liability shall be limited to the total fees (or similar remuneration) paid by the User to the Provider in the 12 (twelve) month period immediately preceding the date on which the liability arose.
17.1. The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the URL.
17.2. It is the User’s obligation to periodically check these Terms and Conditions on the URL for changes or updates.
17.3. The User’s continued use of the WTTX Products and Services following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
18.4. The User shall be liable for all the Provider’s costs on an attorney and own client scale (inclusive of collection commission) in the event that the Provider appoints legal representatives for purposes of enforcing any of its rights arising from these Terms and Conditions or the agreement entered into upon acceptance of the Quotation / Proposal.
18.5. In the t that the relationship entered into between the r and the User upon acceptance of the Quotation / Proposal is terminated prior to the expiry of the term, the User (in addition to any other fees or charges for which it may be liable) shall be subject to the greater of:
18.5.1. a reasonable termination penalty determined by the Provider
19.1. WTTX Products and Services are rendered and/or delivered by the Provider from its offices within the RSA. Access to WTTX Products and Services from territories or countries where the content or purchase of the WTTX Products and Services is illegal is prohibited.
19.2. The User may not use WTTX Products and Services in violation of any RSA laws or Regulations.
19.3. If the User accesses WTTX Products and Services from locations outside of the RSA, the User is responsible for compliance with all local laws.
19.4. These Terms and Conditions shall be governed by the laws of the RSA, and the User consents to the jurisdiction of the any High Court with jurisdiction for purposes of resolving any dispute any connection with the use of WTTX Products and Services.
19.5. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
19.6. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
20.1. In compliance with section 43 of Electronic Communications and Transactions Act, Provider draws your attention to the following information relating to it:2
20.1.1. Full name and legal status –
WTTX Communications (Pty) Ltd (Registration Number: 2017/094196/07) (“WTTX”) is a private company registered in terms of the company laws of the Republic of South Africa.
20.1.2. Physical address and telephone number-
53 Boelboel Avenue
087 654 3423
20.1.3. Website address and e-mail address –
20.1.4. The registration number, the names of the Provider’s office bearers and its place of registration –
Registration Number: 2017/094196/07/ Albert Swanepoel / Ruan Fourie / Republic of South Africa.
20.1.5. The physical address where the Provider will receive legal service of documents –
53 Boelboel Avenue
20.1.6. A sufficient description of the main characteristics of the services offered by the Provider –
WTTX Communications (Pty) Ltd (Registration Number: 2017/094196/07) (“WTTX”) is a private company registered in terms of the company laws of the Republic of South Africa and specialises in inter alia the provision and delivery of wireless and fibre internet connectivity services together with the provision of voice of internet protocol (“VOIP”) and cloud-based solutions to its various clients. WTTX is licensed by the Independent Communications Authority of South Africa (“ICASA”) to provide Electronic Communications Network Services (“ECNS”) under license number: 0948/CECNS/NOV/17
20.1.7. The full price of the services, including costs, taxes and any other fees or costs –
18.104.22.168. Pricing on WTTX Products and Services are as stated in Proposals and are subject to change at any time. All prices exclude VAT.
20.1.8. The manner of payment –
22.214.171.124 The manner of payment is sated in Proposals and includes direct debit order and electronic funds transfer (“EFT”)
20.1.9. Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers –
None – unless otherwise specified in writing
20.1.10. The time within which the goods will be dispatched or delivered or within which the services will be rendered –
WTTX Products and Services will be rendered and/or delivered as set out in the Proposal.
20.1.11. The manner and period within which the User can access and maintain a full record of the transaction –
Users will be required to contact the Provider directly to access any transaction documentation. Transaction histories are available for a period of 2 (two) years.
The return, exchange and refund policy of the Provider –
None – unless otherwise specified in writing