In this Agreement, unless inconsistent with context, words defined on the face hereof shall bear the meanings so assigned to them and the following words and expressions shall bear the meanings assigned to them below –
1.1. “SA-Gateway” – SA-Gateway Internet Service Provider (Pty) Ltd
1.2. “Services” – the Internet Services which are selected and agreed upon on the face hereof or as defined in the Service Level Agreement addendum;
1.3. “Subscriber” – the Company, Close Corporation, Firm, Partnership or Persons contracting to receive the Service from SA-Gateway in terms of this Agreement;
1.4. “Agreement” – these terms and conditions as read with the schedule on the face hereof;
1.5. “Connection Date” – the date on which the contract begins;
1.6. “Duration of the Contract” – the number of months the Service specified upon on the face hereof is contracted for.
2. APPOINTMENT AND TERM
2.1. The Subscriber hereby appoints SA-Gateway, which hereby agrees, to provide the Services to the Subscriber on the terms and conditions of this Agreement.
2.2. Subject to the provisions of this Agreement, this Agreement shall take effect from the Connection Date and continue for the Duration of the Contract (“the Initial Term”).
2.3. This Agreement shall continue for successive periods of 1 (one) months after the Initial Term at the then prevailing monthly subscription fee of SAG, unless either party serves written notice of termination on the other not less than 30 (Thirty) days prior to the end of the Initial Term or such successive 1 (one) month period
3. Payment of Charges:
3.1. Charges and charge rates are as set out on the service webpage.
3.2 Charges are subject to change by SA-Gateway upon giving the subscriber not less than 30 days notice.
3.3 All charges and charge rates are inclusive of VAT.
3.4 Cost of installing all hardware and software required for the implementation of the service from the subscriber premises, is for the subscriber’s own account.
3.5 Invoices have to be paid before due date.
3.6 Non Payment: All invoices must be paid before the due date. Failure to do so will result in suspension of services. A re-activation fee may be charged after late payments are received.
4. WARRANTIES AND THE EXCLUSION OF LIABILITY
4.1. SA-Gateway shall be exempted from and not be liable to the Subscriber and/or any third party under any circumstances whatsoever for any indirect or consequential damages of any kind or any loss of profit or special damages of any kind, whether in the contemplation of the parties or not, which the Subscriber and/or any third party may suffer as a result of any act or omission of SA-Gateway, its servants, agents and sub-contractors and/or any breach of SA-Gateway’s obligations in terms of this Agreement. Notwithstanding any other provisions of this Agreement, SA-Gateway’s liability to the Subscriber and/or any third party for any damages or loss of whatsoever nature, including without limitation any damages or loss caused by the negligence of SA-Gateway or that of its servants, agents and sub-contractors, shall in any event and under all circumstances be limited to an amount equal to the subscription fee payable by the Subscriber in the Initial Term. SA-Gateway assumes no responsibility for the content of databases, information sources of performance of networks beyond its control, nor for the changes of service provided by external hosts, and the client accordingly indemnifies SA-Gateway against all claims arising from these aspects. SA-Gateway assumes no responsibility for and has no control over the performance of external telecommunications networks to which the service is connected. The subscriber accordingly indemnifies SA-Gateway against the same. This includes networks of Internet Service Providers other than SA-Gateway.
4.2. SA-Gateway endeavors that the Services rendered will be provided and maintained during the contract period;
4.3. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Service is provided, the provision of the Service may be suspended from time to time without notice by SA-Gateway, and SA-Gateway, its servants, agents and sub-contractors is exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Subscriber and/or any third party arising from such suspension.
4.4. SA-Gateway does not undertake to reinstate the Service within a specific period, and will be exempted from any liability whatsoever, if the nature of the failure is caused by SA-Gateway’s upstream service providers failure to deliver their service and if the failure is due to a reason out of the direct control of SA-Gateway.
4.5. The Subscriber will be responsible for all communication services and facilities, including without limitation telephone facilities and lines, required for the Services to be rendered by SA-Gateway. SA-Gateway shall not be responsible or liable in any manner whatsoever to the Subscriber and/or any third party for any failure of such service or facility, including without limitation the services offered by Telkom. SA-Gateway will endeavour to aid the Subscriber if such an event happens.
4.6. SA-Gateway does not make any representations nor, unless expressly given in writing, give any warranty or guarantee of any nature whatsoever in respect of the Service or its suitability for any intended purpose, whether that purpose is notified to SA-Gateway or not. Without derogating from the generality of the foregoing, SA-Gateway does not warrant or guarantee that the information transmitted by the use of the Service will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.
4.7. The Subscriber hereby indemnifies SA-Gateway and holds SA-Gateway harmless against any claim by any third party arising directly or indirectly out of the Subscriber’s access to or use of the Service or information obtained through the use of it, including without limitation any claim due to the use of the Services for unlawful purposes.
5 FORCE MAJEURE
5.1 If SA-Gateway is prevented from or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement due to any reason and/or cause beyond the control of SA-Gateway or by reason of force majeure, SA-Gateway shall be relieved of its obligations in terms of this Agreement during such period.
If the Subscriber
6.1 fails to pay any amount under this Agreement on due date; or
6.2 commits, suffers or permits a breach of any term of this Agreement; or
6.3 in SA-Gateway’s opinion jeopardises SA-Gateway by abusing or misusing the Service in any manner whatsoever; or uses the Service for any unlawful purpose; then and in any such event SA-Gateway shall be entitled, without prejudice to its other rights in law, to immediately suspend its obligations under this Agreement and/or terminate this Agreement without notice to the Subscriber. Upon termination of this Agreement in terms of this clause or for any other reason whatsoever all amounts payable by the Subscriber to SA-Gateway shall immediately become due and payable and SA-Gateway shall be entitled to recover all such amounts from the Subscriber forthwith.
6.4 Termination of the contract by the Subscriber before the specified date of termination for breach of contract will result in the Subscriber being liable for the full payment of the remaining subscription fee for the applicable Initial Term and/or 30 day period in terms of this Agreement
7 DOMICILIUM AND NOTICES
The Subscriber hereby chooses domicilium citandi et executandi for all purposes of and in connection with this Agreement at the Subscriber’s physical address and telefax as set forth on the face hereof. SA-Gateway shall be entitled to give any notice in terms of this Agreement by telefax.
Payment is due monthly in advance. If no payment is received within 7 (seven) days of the due date the service will be terminated until payment is received.
9.1. This Agreement constitutes the sole record of the Agreement between the parties in regard to the subject matter thereof. Neither party shall be bound by any representation, or express or implied term, promise or the like not be recorded herein or reduced to writing and signed by the parties or their representatives. No addition or variation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. No indulgence that SA-Gateway may grant to the Subscriber shall constitute a waiver of any of SA-Gateway’s rights. In this agreement the singular shall include the plural.
9.2. This Agreement shall in all respects be governed by and construed in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters in connection with this Agreement shall be determined in accordance with such laws.
9.3. Should any provision of this Agreement be rendered unlawful then that unlawful provision only shall be invalid, without effecting or invalidating any of the remaining provisions of this Agreement that shall continue to be of full force effect.
9.4. SA-Gateway is entitled to cede this agreement
9.5. The Subscriber warrants the accuracy of all information furnished by or on behalf of the Subscriber in terms of or pursuant to this Agreement. The Subscriber shall forthwith notify SA-Gateway in writing of any changes from time to time in the information set out in the schedule on the face hereof.
9.6. The parties hereby consent to the jurisdiction of any Magistrates Court which may exercise jurisdiction over any of the parties in terms of Section 28 of the Magistrates Courts’ Act 32 of 1944 in respect of any dispute arising from or concerning this Agreement, provided that should the Service Provider elect to proceed in the Supreme Court it shall be entitled to do so in the Witwatersrand Local Division, to which jurisdiction the Subscriber hereby submits;
9.7. The use of the service shall be deemed to constitute full acceptance by the subscriber of the Agreement and AUP. Any unauthorized use of the services provided will result in legal action pending an investigation. The Subscriber under takes to abide by SA-Gateway’s acceptable use policy;
10. Confidentiality: SA-Gateway will not release to any third party, without the express consent of the subscriber, information concerning the subscriber’s usage of its service, except as to the name of the subscriber. SA-Gateway will keep all data which are necessary for the professional execution of the service. SA-Gateway shall not disclose personal information from Users unless the User consents thereto; SA-Gateway shall disclose information without the User’s consent only through due legal process.
11. Use of Data: The subscriber undertakes to abide by all laws applicable to copyright, redistribution or resale of any data and/or information retrieved from the service as specified or implied by SA-Gateway or any of the local or foreign service providers or laws governing the provision of the service. This also applies to any software used with and on the infrastructure of SA-Gateway. The client may also not resell the information, or use the information for monetary gain, unless permitted to do so in writing by SA-Gateway and/or the Information remains the property of the information provider under all circumstances. SA-Gateway reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
12. Availability: SA-Gateway will endeavor to make service available at all hours, accept as will be advised from time to time. The various information providers may advice available times separately to the Agreement.
13. The Agreement for Use of Service: The use of the service shall be deemed to constitute full acceptance by the subscriber of the Agreement and AUP. Any unauthorized use of the services provided will result in legal action pending an investigation.
14. Email Archiving and Email logging for legal compliance: We offer SpamExperts email archiving and logging as a separate service for clients for legal compliance. Please email email@example.com for more information. SA-Gateway does accept responsibility for logging clients email transactions, this is provided as a separate subscribed service.
15. SA-Gateway is entitled to cede this agreement
16. Code of conduct: Our code of conduct can be found here.
17. Domain registrations: Domain registration accept additional Terms and conditions click here
18. Hosting Backups: SA-Gateway provides daily backups on its hosting packages, such backups are provided “as is” and can not be guaranteed. The Subscriber is responsible for their own data in the event of failure of our daily backups. SA-Gateway will not be liable for any losses or damages relating to any incidents arising out of such backups.
19. RICA We require a copy of your ID & proof of residence before we can activate your order. This needs to faxed to firstname.lastname@example.org.
Notices: Any notice, consent or other or other communication required to be given hereunder made by SA-Gateway shall be sent to the Internet e-mail address of the subscriber. Any such communication made by the subscriber to SA-Gateway shall be sent to the e-mail address info@SAGateway.co.za.
Dispute: In the case of dispute, the law of the Republic of South Africa will apply. Subscribers in violation of overseas host services may alternatively be subject to the laws of the countries in which any transgression may occur and whose courts may have jurisdiction over the parties concerned. Subscribers’ actions may not reflect on the service as initiated and/or condoned by the service.
We reserve the right to change the terms and conditions without notice.