Personal / Business Installation Details:
(debit orders are collected the 4th day of each month. You will receive a debit order form via email after this application has been submitted.
Once off hardware and installation fees (all prices include VAT) does not include router
Up to 5 free Whalemail E-mail addresses
Preferred Email Addresses ( Not Compulsory)
Callout and labour fee’s (all prices include VAT)Office Hours: (Monday to Friday 09:00 - 17:00; up to 1 hour on site) R500.00After Hours: (Weekends & public holidays - 09:00 – 17:00 or outside R650.00
of office hours; up to 1 hour on site)
Extended labour:
(Office hours) R200.00 per hour(After Hours) R300.00 per hour*BDC Wireless Solutions reserves the right to adjust service charges at their sole discretion
Top-up on request (Subscriber needs to contact BDC Wireless via fax/email to add additional data)
TERMS AND CONDITIONS OF SERVICE
1.1 These Terms and Conditions to PrevailThese terms and conditions (hereinafter referred to as” this agreement”) shall, when read together with the debitorder application form and any schedule thereto, constitute the whole of the agreement between BDC WirelessSolutions and the Client.
1.2 Charges1. The charge for the Client’s entitlement to make use of the service on a monthly basis is a monthly fee,which is payable monthly in advance by the Client to BDC Wireless Solutions.2. BDC Wireless Solutions reserves the right to adjust service charges at their sole discretion. Existing Clients will receive one month’s notice relating to price adjustments.
1.3 Termination1. The agreement shall continue indefinitely and shall be terminable on the expiry of one calendar month written notice given by either party to the other.
1.4 Client’s Obligations and Acceptable Use Policy (AUP)1. The Client may not at any time use the service in contravention of any South African law. In particular,the Client undertakes to familiarize itself and ensure that it is kept continuously appraised of all SouthAfrican law in force from time to time, which has any bearing on the service and/or its use.BDC Wireless Solutions has no obligation to assist the Client in this regard.
1.5 WarranteesBDC Wireless Solutions 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 suitabilityfor any purpose. BDC Wireless Solutions does not warrant or guarantee that the informationtransmitted by and/or available to the Client by way of the service1. Will be preserved or sustained in its entirety;2. Will be suitable for any purpose;3. Will be free of inaccuracies or defects or bugs or viruses of any kind, and BDC Wireless Solutions assumes no liability, responsibility or obligations in regard to any of the foregoing exclusions. Customer premises equipment and any other equipment used to complete an installation remains the property of BDC Wireless Solutions until fully paid for. When fully paid for the equipment becomes the property of the client and carries a 12 month guarantee from date of installation which will exclude damage caused by any power, lightning or physical damage.4. BDC Wireless Solutions cannot guarantee permanent throughput in full due to bandwidth limitations of international and local Internet traffic determined by the upstream capability of the particular data servers and involved peering systems.
1.6 Exclusion of Liability1. Except as otherwise expressly provided herein to the contrary, BDC Wireless Solutions shall not be liable to the Client or anythird party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental lossor damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue oranticipated savings).
2. The Client hereby indemnifies BDC Wireless Solutions against and holds BDC Wireless Solutions harmless from any claim byany party arising directly or indirectly out of access to or use of the service or information obtained through the use of it.
1.7 Support and MaintenanceThe client is not entitled to any free computer support and/or maintenance. Any alternative computer support and/or maintenance will be charge for at normal rates. BDC Wireless Solutions cannot be held liable for any damage to computer equipment during and after installation.
1.8 Payment1. The client will be liable for payment of Antenna Installation 24 Hours prior to installation and pro-rata subscription within 24 hours after installation. Thereafter payment must be made in advance before the 5th of every month. If the client does not comply with this agreement, his/her service will be suspended and a R150-00 reconnection fee will becharged.
1.9 BDC Wireless Solutions will not tolerate bandwidth abuse on “uncapped lite” services, after the Client has reached the acceptable usage threshold of 300GB on an “uncapped lite” service up- and downstream combined, Internet Traffic will be throttled.BDC Wireless Solutions reserves the right to shape bandwidth usage at their sole discretion. BDC Wireless Solutions reserves the right, to take necessary steps, to prevent improper or excessive usage. This action includes, but not limited to: limiting throughput; preventing or limiting service through specific ports or communication protocols; and a complete termination of service to customers with improper or excessive usage. This policy applies to and will be enforced for intended and unintended prohibited usage (e.g., viruses, worms, generating of spam, malicious code or otherwise unknowncauses).
Termination of Contract and Associated Fees
2.8 This clause applies exclusively to the 12-month contract option. In the event that the Client terminates this agreement prior to the completion of the initial 12-month contract term, the Client shall be liable to pay:
2.8.1 The installation fee, as outlined in this agreement; and
2.8.2 The total amount of fees for all remaining months of the contract term.
These charges shall become due immediately upon termination.
I have read and understood and hereby accept the terms and conditions of service.
Bank debit order instruction / credit card authority
BANK DEBIT ORDER INSTRUCTION / CREDIT CARD AUTHORITY
Dear Sirs/MadamsThe details of my/our account are as follows:(Complete one of the below options only)
This signed Authority and Mandate refers to our contract as dated as on signature hereof ("the Agreement"). I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our abovementioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing of no less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address indicated above.
The individual payment instructions so authorised to be issued must be issued and delivered as follows
i. On the 4th day ("payment day") of each and every month commencing on
In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account;
ii. Monthly; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less that the obligation due
I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE
I / We acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned bank as if the instructions had been issued by me/us personally.
CANCELLATION
I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
ASSIGNMENT
I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.
