WTTX Communications Terms & Conditions
- Definition And Interpretation
1.1 For purposes of this Agreement, the following terms shall have the following meanings –
1.1.1 “Business Day” means any day other than a Saturday, a Sunday or a gazetted public holiday in the Republic of South Africa;
1.1.2 “Claim” means a claim, action, demand, suit or proceeding;
1.1.3 “Connection date” means, in relation the date on which the Service provided by WTTX Communication is connected;
1.1.4 “Destructive Code” means any “viruses”, “Trojan horses”, computer code, malware, “ransomware”, instructions, devices or other Materials that (i) are designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation or use of Infrastructure or Materials; or (ii) would disable the whole or any part of any Infrastructure or Materials or impair in any way their operation or Use based on the elapsing of a period of time, exceeding the authorized number of copies, advancement to a particular date or other numeral; or (iii) that would permit an unauthorized party to access the Infrastructure or Materials of WTTX Communications to cause such disablement or impairment, or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms; or (iv) that can cause or allow damage to, or loss, theft, destruction or corruption of, Infrastructure or Materials, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;
1.1.5 “Dispute Notice” means a written notice served by the aggrieved party on the defaulting party, setting out the nature of the dispute;
1.1.6 “Effective Date” means, in respect of each Services Proposal, the effective date stipulated in each Services Order or the Connection Date, whichever is the first to occur;
1.1.7 “Emergency Changes” means an urgent, mandatory change that may occur outside the Scheduled Downtime where critical changes impacting on WTTX Communications’ network infrastructure must be performed in order to (i) restore accessibility and functionality of; and/or (ii) sustain the availability of the WTTX Communications network infrastructure;
1.1.8 “Equipment” means the router/gateway, modem and/or any other equipment or hardware that are required to be installed by the Customer at the Sites in order for WTTX Communications to provide the Services, including, without limitation, the Equipment set out in a Services Proposal;
1.1.9 “Fees” means the fees and charges to be paid by the Customer to WTTX Communications in respect of the Services as set out in the relevant Service Proposal;
1.1.10 “Initial Term” means a period of 24 months commencing on the Effective Date, unless a different period is stated in a Services Proposal
1.1.11 “Infrastructure” means information technology and telecommunications infrastructure and systems, including computer and telecommunications networks, equipment, hardware, software, middleware, firmware, data, databases, peripherals, terminals and components;
1.1.12 “Laws” means all laws, statutes, regulations, by-laws, rules, directives and orders, including all other requirements of any government or any government agency, body, authority, tribunal, regulator or court of the Republic of South Africa
1.1.13 “Loss” means any actual loss, liability, direct damages, penalty, fine, expense and cost (including legal costs on a scale as between attorney and client), including any indirect and consequential loss or damages of whatsoever nature;
1.1.14 “Parties” means WTTX Communications and Customer and “Party” means either one of them;
1.1.15 “Personnel” means any shareholder, member, director, employee, agent, consultant, contractor or other representatives;
1.1.16 “Policies” means the policies, guidelines, procedures and practices published by WTTX Communications on its Website relating to the Customer’s use of the Services and Equipment, as amended from time to time;
1.1.17 “Materials” means all products, goods, software, software documentation, documentation, literature, materials, tools, data, information, databases, modules, components, compilations of data, methodologies, processes, policies, procedures, techniques, models, configurations, protocols, routines, interfaces (including Application Program Interfaces (APIs)), reports, plans, notes, files, diagrams, manuals, templates, schematics, correspondence, designs, circuit designs, algorithms, specifications, records, equipment, hardware, servers, computers, platforms, computer code, derivative works, and works of authorship, and irrespective of the form and format of the foregoing and whether tangible or intangible;
1.1.18 “Scheduled Downtime” means a maintenance period scheduled by WTTX Communications for general maintenance operations, enhancements, upgrades or modifications to WTTX Communications’ network infrastructure;
1.1.19 “Services” means those services that will be provided by WTTX Communications to the Customer in terms of a Services Proposal that has been concluded between WTTX Communications and the Customer;
1.1.20 “Service Levels” means, in relation to each Service, the service levels, standards and specifications which are applicable to the Service and which have been published by WTTX Communications on its Website, unless otherwise agreed by the Parties in writing;
1.1.21 “Sites” means the offices or premises designated in the Services Proposal at or to which the Services are to be provided by WTTX Communications.;
1.1.22 “Services Proposal” means a Services Proposal which has been concluded between WTTX Communications and the Customer, which Services Proposal shall incorporate the terms and conditions of this Agreement, as well as such other terms and conditions expressly agreed in the Services Proposal by the Parties;
1.1.23 “Third Party Service Provider” means, in respect of any goods and services, the contractor, supplier, vendor or licensor (as the case may be) of the goods or services which is not a party to this Agreement;
1.1.24 “VAT” means value-added tax levied in terms of the Value-added Tax Act, 89 of 1991, as amended;
1.1.25 “MRC” means monthly recurring cost as set out in the applicable Order Form;
1.1.26 “Service Activation Date” means the service activation date set forth in the Service Confirmation Schedule or the date that the Services actually commence, whichever is the earlier;
1.1.27 “Off-Net Services” means those Services provided at any Customer or End User premises that are not on WTTX Communications network and where an infrastructure build will be required to connect the Customer and/or End User to WTTX Communications network
1.1.28 “On-Net Services” means those Services provided at Customer or End User premises that are on WTTX Communications network.
1.1.29 “QoS” means quality of service
1.1.30 “CPE” means Customer Premises Equipment means radio antenna, masts, brackets, cabling, indoor wireless routers and associated equipment installed the customers premises to allow access to the WTTX Communications network
1.2 In this Agreement
1.2.1 The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (ie the eiusdem generis rule) shall not apply. The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples, or the use of examples, shall not be construed as limiting the meaning of the general wording preceding it;
1.2.2 References to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time;
1.2.3 References to a “person” or a “party” include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, trust, partnership, joint venture, syndicate, or any other association of persons;
1.2.4 Technical terms that are not defined in this Agreement or in a Services Proposal (where such term is used in that Services Proposal) will have the generally understood meaning in the information communications and technology industry;
1.2.5 If a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, notwithstanding that they are contained in a definition;
1.2.6 Any definition, wherever it appears in this Agreement or a Services Proposal, shall bear the same meaning and apply throughout this Agreement or that Services Proposal unless otherwise stated or inconsistent with the context in which it appears;
1.2.7 When any number of days is prescribed in this Agreement, the first day will be excluded and the last day included, unless the last calendar day falls on a calendar day that is not a Business Day, in which event the last calendar day shall be the next Business Day;
1.2.8 Where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day;
1.2.9 Any provision in this Agreement or a Services Proposal which is or may become illegal, invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (i.e. pro non scripto) and severed from the balance of this Agreement or the Services Proposal (as the case may be), without invalidating the remaining provisions of this Agreement or the Services Proposal (as the case may be) or affecting the validity or enforceability of such provision in any other jurisdiction;
1.2.10 References to any amount shall mean that amount exclusive of VAT, unless the references to the amount expressly state that it includes VAT;
1.2.11 The expiration or termination of this Agreement or a Services Proposal shall not affect such of the provisions of this Agreement or a Services Proposal which are expressly provided to operate after any such expiration or termination, or which implicitly or of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this; and
1.2.12 no provision herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have structured, drafted or introduced such provision.
1.3 Terms, other than those defined in this agreement, will be given their plain English meaning, and those acronyms and phrases known in the information technology and telecommunications industries will be interpreted in accordance with their general accepted meanings.
1.4 No provision of this Agreement shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to this Agreement
Debit Terms & Conditions
1. If your banking details have not been provided accurately, or if your details change at any time in the future and you fail to notify WTTX Communications of such changes, or if payments are not made in accordance with the Debit Order Instruction, the responsibility for payment will rest with you.
2. If there are insufficient funds in your account to meet the obligations, WTTX Communications is entitled to track your account and re-present the instruction for payment as soon as sufficient funds are available in your account.
3. You agree to pay any bank and other charges relating to this Debit Order Instruction.
4. All payment instructions issued by WTTX Communications shall be treated by your bank as if the instructions have been issued by you personally.
5. This Instruction may only be cancelled by you giving WTTX Communications days notice in writing. You will not be entitled to any refunds of amounts which have been withdrawn while this authority was in force, if such amounts were legally owing to WTTX Communications.
6. This Instruction cannot be assigned to any third party, unless your credit agreement is ceded or assigned to a third party, in which event you acknowledge that this Authority may then be ceded or assigned to that third party.
7. Receipts of this Instruction by WTTX Communications shall be regarded as receipt thereof by your bank.
8. The abbreviated name that will reflect on your bank statement is WTTXCOM