VINET – Master Service Agreement 

By using the service, you authorize VINET Internet Solutions Pty Ltd (ISP), hereafter known as VINET, to create and set up an account with the services as I agreed upon with the quote received and accepted. I confirm the accuracy of the information in this Agreement and warrant that I am duly authorized to enter into an agreement with VINET on behalf of the customer/myself.

I also agree to settle any costs as set out in the quote I accepted and as per the Terms & Conditions section of this document. I understand that upon online acceptance of the Terms and Conditions, a binding agreement will be formed with no further action required from me. Failure to settle the invoice in full may result in downtime of services rendered to the client until payment has been received and confirmed. (You also agree to pay any additional cost that VINET would encounter to collect any outstanding payments).

VINET Internet Solutions Pty Ltd reserves the right to withhold access for overdue accounts, while the subscriber shall continue to be liable for the services until the full 30 days’ notice in writing was received and confirmed by VINET’s Accounts Department. If a fixed term is agreed upon the contract can be cancelled by paying the outstanding amount on the remainder of the contract in full or if otherwise agreed by both parties in writing. Until such time, the client is still bound by the terms and conditions of this contract. After the Fixed Term, this Agreement will continue automatically on a month-to-month basis, subject to any changes we make of which we have given you notice, unless you have expressly in writing directed us to terminate the Agreement on the expiry date; or you agree to a renewal or update of the Agreement for a further Fixed Term.

This Agreement will start on the date we activate your Service(s). You authorize the verification of information provided such as to my credit and or employment records (ITC / Credit Score check). further acknowledge that the activation of some services is, amongst others, subject to RICA and consent to VINET verifying the customer’s details and documents against third party databases strictly for the purposes of compliance with RICA.

Herewith I, the undersigned, accept full responsibility for all equipment installed at my premises. I understand that if I did not pay for the equipment
in full, the equipment stays the property of VINET Internet Solutions. I, the undersigned will be responsible for the full amount in the case that anything should happen to equipment that is still the property of VINET. In the event of service termination equipment must be returned to VINET in fully working condition. Should the equipment need to be replaced due to negligence and or additional router(s) are required for a wider wireless range coverage, the client will be responsible for any costs involved.

FTTx product-specific terms to note: Free installation (up to 30m) any additional to be billed at R 50.00 /meter ex VAT Free to use ONU & ROUTER Installation & equipment worth: R 3790.00 Homeowner / governing body permission was obtained prior to application by the applicant, for the installation of FTTx product(s) and was agreed apon. Once-off activation: R 450.00 per FTTx product Early termination fee on FTTx products: (If terminated anytime within the 24-month window) R 1500.00 ex VAT. An early termination penalty fee may be waived if the next tenant/homeowner decides to take over the relevant FTTx connection. Notice period: 1 Calendar month (as set out in point 4 of terms and cond.) Early termination penalty fee may be waived if the next tenant/homeowners take over the relevant fibre connection.

Terms and conditions of service

This services agreement contains the terms and conditions that govern your subscription to web hosting, internet access, and any
other services provided by VINET Internet Solutions Pty Ltd. As used in this agreement, VINET means Vinet Internet Solutions Pty Ltd and the client, you; the customer; means you the subscriber. As referred to in this agreement, www; refers to a World Wide Web site, and VINET site; refers to the site located at the URL http://www.vinet.co.za, or any other successor sites owned or maintained by VINET.

1. Acceptable Use Policy.
VINET provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.

1.1 Client Content.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by client – or through client by a third party – on any VINET server or via a VINET internet connection which may:
• violate any domestic or foreign laws or regulations; • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other
proprietary rights) of VINET or any third party; • be seen as defamatory, slanderous or trade libellous;. • be threatening or harassing; • be seen as
defamatory, slanderous or trade libellous; • be discriminatory based on gender, race, age or promotes hate – violates any VINET policy posted on the VINET Site including, but not limited to, our Terms of Service. • contain viruses or other computer programming defects which result in damage to VINET or any third party.

1.2 Bandwidth Overage.
Client may only consume the amount of bandwidth allocated by the Service to which Client has subscribed. Additional fees will be levied at the appropriate overage charge for exceeding any bandwidth allowances. Although VINET does make every effort to prevent such overages, due to technical constraints it cannot be guaranteed that termination of Services will occur before Overages take place. VINET provides methods for Client to view usages at any time and it is therefore the Clients sole Responsibility to manager its usage and terminate usage of Services before such overages
take place.

1.3 Disk Space.
Client may only occupy the amount of hard disk space on any VINET Server/Network that has been allocated to Client by the Services to which Client has subscribed. Additional fees will be charged for exceeding any hard disk space at the appropriate overage charge. Although VINET does make every effort to prevent such overages, due to technical constraints it cannot be Guaranteed that termination of Services will occur before overages take place. VINET provides methods for Client to view usages at any time and it is therefore the Clients sole responsibility to manage its usage and terminate usage of Services before such overages take place.

1.4 Spam.
Client shall not use the services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client shall not engage in any unsolicited email practices at VINET, or otherwise, that mentions or reference any domain hosted on VINET servers or parked on VINET DNS servers. Clients’ accounts found to be involved in the distribution of spam will be terminated instantly and without notice. For more information on spam please consult the South African Electronic Communications and Transmissions Act.

1.5 Licensed Software Only.
Client agrees to use only properly licensed third-party software in connection with Client’s use of the services. VINET does not guarantee the existence, accuracy, or regularity of backup services and therefore Client is responsible for making of back-up files in connection with its use of the Services.

1.6 Termination.
VINET reserves the right to refuse service to anyone. VINET, may immediately terminate this agreement if Client engages in any of the foregoing. A notice period of one month applies to the cancellation of any Services unless otherwise stated by means of contractual agreement between both parties (such being the case with Wireless, Business and Fibre Services). Cancellation of Services must be performed by Client 30 days in advance as set out in this agreement.

1.7 Abuse.
To report any unacceptable behavior of Services, please contact us at:
Address: Rheebok Close, Wellington Industrial, Wellington, 7655.
Telephone / WhatsApp: 27 21 007 0200 Email: [email protected]

2. Payment Obligations

2.1 Service Fees.
VINET shall debit the clients’ bank account on the agreed-upon date stated on the latest Debit order Consent form for any applicable fees / services
rendered. Clients that make use of electronic transfer (EFT) as a method of payment to pay VINET must ensure that payment is received on or before 1st business day of each month. Proof of payment should be submitted to the VINET Accounts department at [email protected] to avoid suspension, termination and reconnection fees.

2.2 Non-Payment.
VINET shall be entitled to immediately terminate services in the event of Client’s failure to remit payment to VINET on time (each invoice contains a due date and should be adheard to). In the event of a debit order being returned by the Client’s bank, VINET shall charge Client’s account for any fees incurred. Moratore Interest (current rate of interest) will be levied against the prescribed rate on all outstanding accounts monthly. Payment of any said installments when due as herein provided, VINET, may with a notice of 7 days, declare the entire in the event of default in the principal sum then unpaid immediately due and payable.
SURETYSHIP
The signatory hereby binds himself in his personal capacity as Shareholder (in the case of a Company), Member (in the case of a Close Corporation) or Owner, Partner, or Proprietor as co-principal debtor in solidum for the full amount due to the Supplier (Vinet) and agrees that this Agreement will apply in the same way to him. 2.3 Breach or Termination (Legal Policy). In the event of non-payment passing seven days a letter of demand will be issued to the client by e-mail. Should payment still not be received passed twenty-one days a Default against Client will be affected on the TransUnion ITC credit bureau. Further legal action may also be taken against the client, and if taken such legal cost will be on the scale as between attorney and client. Default record at TransUnion ITC will only be removed by VINET Internet Solutions after outstanding Service fees; including any or all legal fees, collection fees, interest charges and banking fees are settled in full by the client. Should the Customer breach any term of this Agreement including any failure to pay VINET any monies on due date, then VINET shall give the Customer 30 (Thirty) Business Days’ notice to rectify the breach. Should the Customer neglect or fail to rectify the breach within the 30 (Thirty) Business Days’ notice period, then VINET will have the right to either suspend or to cancel the Agreement, without prejudice to VINET’s rights to claim all and any damages which VINET has incurred in consequence of such breach. Should VINET breach any material term of this Agreement, then the Customer will have the right to provide VINET with a letter requiring VINET to rectify the breach within a period of 30 (Thirty) Business Days. Should VINET neglect or fail to rectify such breach within the 30 (Thirty) Business Days’ notice period, then the Customer may cancel the Agreement, which will be without prejudice to the Customer’s rights to claim any damages which it may have incurred in consequence of VINET‟s breach. Should the Customer be sequestrated, or liquidated, VINET shall be entitled to immediately cancel this Agreement upon notice from the Customer or duly authorized representative. The Customer agrees that VINET may register the details of the manner in which payments have been conducted by it or its agent, with any registered credit bureau. The Customer shall be liable for all costs, including legal costs, and collection costs incurred by VINET in respect of the enforcement of any obligations of the Customer in terms of this Agreement and in the case of a Consumer, subject to the provisions housed under Regulation 44 (3) (aa) of the CPA. Without prejudice to any other claims or remedies which VINET may have against the Customer in terms of this Agreement or law, VINET may on 30 (Thirty) Business Days’ notice terminate the Agreement if the Customer has delayed the installation of the Selected VINET Service for longer than 3 (Three) months and hold the Customer liable for all and any abortive costs incurred by VINET in this regard.

2.4 Refund Policy.
Certain services carry a set-up fee charged by VINET to Client that must be paid by Client to make use of the services; these fees are not refundable
whatsoever. If Client terminates this agreement in accordance with Section 4 hereunder, Client shall be responsible for the entire principal sum, which is immediately due and payable. Because the services are provided monthly unless otherwise agreed upon by both parties. The client will be
responsible for service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if the Client provides notice to terminate service on the 15th day of a particular billing cycle, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has pre-paid VINET for such services, refunds will be issued for any unused full month portions of the services upon Clients request of cancellation. If Client chooses to register a domain name through VINET, Client acknowledges and agrees that Client will pay a registration fee to register the domain name with the applicable domain name registrar. VINET does not offer refunds for domain name registrations for any reason
whatsoever, including misspelling of the domain name.

2.5 Billing Information.
Client confirms that the Client is legally permitted to provide VINET with banking account details and that Client is either the legal signatory of said
account or is legally permitted to provide such details on behalf of said account holder for the collection of fees for services rendered to Client. Client hereby consents to VINET Internet Solutions: (a) performing credit clearance verification and (b) consent to VINET Internet Solutions obtaining the customer’s credit information from credit bureaus and providing information to credit bureaus in accordance with the provisions of the National Credit Act.

3. Client liability and indemnification.
The parties agree that in no event shall VINET be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set
forth in this agreement. Client agrees to defend, indemnify, and hold harmless VINET (including its representatives) from any and all expenses,
losses, liabilities, damages or third-party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder. Client
agrees that although VINET tries to always ensure full operation of all services, should any failure (hardware, software, or system breach) occur
leading to loss of Client’s data stored on any VINET servers, VINET will not be held liable for any loss, or damage of Client’s data, this also applies to any loss of internet connectivity due to any reason whatsoever.

4. Term, Termination & Reinstatement.
Subject to the terms and conditions hereof, this agreement shall be effective on the date you signed for the services and shall continue in effect on a month-to-month basis unless otherwise specified by terms on the excepted quote unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this agreement upon notice to the other party. If the Client is terminating this agreement, the Client must provide one (1) full calendar month’s notice via contacting VINET’s account or sales department whereby the Client will be requested to complete a cancellation form. This will be the only type of termination request accepted as valid. Once the form is completed and the information verified, we will contact you to confirm the termination date and or any other arrangements. Sections 3 – 8 shall survive termination or expiration of this agreement.

5. Customer Assistance, Complaints and Disputes.
5.1 VINET provides customer care to all Customers during Office hours, excluding times when it is unable to assist due to reasons beyond its
reasonable control. 5.2 For faults however, the Customer must once it experiences any trouble with any of the VINET Services and/or CPE bring the
suspected problem to VINET’s attention. 5.3 VINET will use its best endeavors to address the complaint from the Customer as soon as it is possible,
which will depend on the complexity and nature of the suspected problem, as logged, as well as resource/manpower availability, but always
subjected to the Service Level Agreements as set out per product.

6. Taxes.
Client will pay, indemnify, and hold VINET harmless from any and all taxes associated with or arising from Client’s use of the services, including any
penalties and interest and any costs associated with the collection or withholding thereof.

7. Disclaimer of warranty.
Vinet Internet Solutions (Pty) Ltd warrants its Client that the goods which have been supplied by it and delivered to the Client shall be free from
defects and subject to the following: • The warranty is effective for a period of six months. The date is determined from date of delivery and will the Client be entitled to either request a refund; replacement or repair of the goods if the goods being provided are believed to be of a substandard
quality within such period; • The warranty shall immediately be rendered null and void in the event of any of the following: – Any alterations or modifications or addition made to the goods, without the prior consent of Vinet Internet Solutions (Pty) Ltd; – Failure to use goods supplied in accordance with the instructions and specifications of Vinet Internet Solutions (Pty) Ltd; – Damages due to the general mistreatment and abuse of the goods supplied; – Any damage caused by fire, flood, civil disturbance or act of God; – the goods have not been inspected by a technical expert in order to evaluate/determine the reason for the defects in the material, before the Client requested its replacement, repair or refund. With regards to any repairs authorised by Vinet Internet Solutions (Pty) Ltd, the following is suggested in order to comply with Section 57 of the Act: The repair services which have been supplied and/or undertaken by Vinet Internet Solutions (Pty) Ltd and provided to the Client shall be free from defects and subject to the following:
The warranty is effective for a period of three months. The date is determined from date of finalization of the repair works to the goods by Vinet Internet Solutions (Pty) Ltd and will the Client be entitled to either request a refund; replacement or repair of the repair works undertaken on the goods if the repair works is believed to be of a substandard quality within such period; The warranty shall immediately be rendered null and void in the event of any of the following: – The Client approving/creating any alterations or modifications, or addition made to the repair works undertaken by
Vinet Internet Solutions (Pty) Ltd, without the prior consent of Vinet Internet Solutions (Pty) Ltd; – The Client failing to treat the repaired goods in accordance with the instructions and specifications of Vinet Internet Solutions (Pty) Ltd; – Damages due to the general mistreatment and abuse of the repaired goods by the Client after the repairs have been made by Vinet Internet Solutions (Pty) Ltd; – Any damage caused by fire, flood, civil disturbance or act of God; – Any default that can be attributed to normal wear and tear of the goods during the repair works to the goods taking into regard the oldness or “newness” of equipment/parts used and the use it was normally put to in the past. All refurbished/reconditioned/previously used equipment/parts will only be supplied and installed by Vinet Internet Solutions (Pty) Ltd at the Client’s specific instructions; – the repair works to the goods have not been inspected by an expert in order to evaluate/determine the reason for the defects in the repair works, before the Client requested its replacement, repair or refund.

8. Limitation of Liability.
In no event shall VINET be liable for damages resulting from loss of data, profits, use of the VINET products or services, or for any incidental, indirect,
punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder, where such damages are beyond the reasonable control of VINET. Subject to the provisions of clause 13.3 below, VINET shall not be liable to the Customer or any other person whomsoever, under any circumstances whatsoever, or incur any liability for any loss or damages to the Customer or any other person or user, which arises or occurs as a result of the use of, or arising out of the provision of the VINET services; the Fibre Line; the CPE; or the installation, maintenance or removal of the connection, the VINET services, damage is direct or indirect, consequential or contingent and in particular VINET shall not be liable for any: 8.1 loss of life, 8.2 injury, 8.3 medical expenses, 8.4 support, 8.5 monetary loss or financial support, 8.6 loss of earnings, 8.7 loss of profit and/or income, 8.8 loss of revenue, 8.9 loss of business or goodwill, 8.10 any other special damages, or 8.11 any general damages incurred by the Customer, any user or any other person who may be using the VINET services, Fibre Line, CPE, to whatever extent arising, and the Customer indemnifies VINET against any claim or action, as described above, which may be brought by any person in this regard. 8.12 Where a Consumer suffers any loss or damages because of the use of the Fibre Line, or the CPE, the Customer in this case will be allowed to avail itself to the provisions housed under section 61 of the CPA, but subject always to the defenses and exceptions permissible and available to VINET and its service providers under section 61 of the CPA. 8.13 VINET only provides access to the Service Providers. VINET does not operate or control the information, services, opinions, or other content of the Internet, and VINET makes no warranties or representation regarding any such information, services, opinions or other content. The Customer agrees that it shall make no claim whatsoever against VINET relating to the content of the Internet or respecting any information, product, service, or software ordered through or provided by virtue of the Internet. VINET reserves the right to take measures as may be necessary, in VINET’s sole discretion, to ensure security and continuity of service on the VINET network, including but not limited to identification and blocking or filtering of internet traffic sources which VINET deems to pose a security risk or operational risk or a violation of its acceptable use policy. In addition, the Customer understands that VINET does not own or control other third-party networks outside of the VINET network, and VINET is not responsible or liable for filtering or access restrictions imposed by such networks or for the performance (or non-performance) within such networks or within interconnection points between VINET’s network and other third-party networks. 8.14 The Customer is responsible for maintaining the security of its internal network from unauthorized access through the Internet. VINET shall not be liable for unauthorized access to the Customer’s network or other breaches of the Customer’s network security. 8.15 The limitation on liability set out above is in addition to any limitation of liability set out elsewhere under the Agreement.

9. Privacy
VINET Internet Solutions (Pty) Ltd will explicitly ask when we need information that personally identifies you or allows us to contact you (“personal information”). Generally, this information is requested when making reservations, when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. VINET Internet Solutions (Pty) Ltd shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on VINET Internet Solutions (Pty) Ltd; (b) to protect and defend the rights or property of VINET Internet Solutions (Pty) Ltd, and (c) for the purposes of distributing same to various employees and/or third parties who assist VINET Internet Solutions (Pty) Ltd in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

WHILST VINET INTERNET SOLUTIONS (PTY) LTD IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.

VINET Internet Solutions (Pty) Ltd will: •treat your personal information as strictly confidential; • take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure
or access; • promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information; • provide you
with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and • upon your request, promptly return or
destroy any and all of your personal information in our possession or control. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

10. Miscellaneous.
If any of the provisions, or portions thereof, of this agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This agreement represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This agreement and the rights granted, and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by VINET. Any waiver or any provision of this agreement, or a delay by any party in the enforcement of any right hereunder, shall neither
be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney’s fees.

This agreement is made under and shall be governed by the laws of South Africa. This agreement and VINET’s policies are subject to change by VINET
without notice. Continued usage of the services after a change to this agreement by VINET or after a new policy is implemented and posted on the VINET website constitutes your acceptance of such change or policy. We encourage you to regularly check the VINET website for any changes available at https://www.vinet.co.za/terms-and-conditions/

You acknowledge that you have read, understood, and agree to be bound by this MSA and the General Terms and Conditions currently in force between VINET Internet Solutions and the customer, all of which are relevant to the services rendered and incorporated into my/our agreement with VINET Internet Solutions (PTY) LTD