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TERMS AND CONDITIONS OF INTERNET ACCESS AGREEMENT
- Both Parties accept their Physical Addresses as listed above as Domicilium Citandi et Executandi for any purposes relating to
this agreement
- Xnet agrees to supply, and the customer accepts to pay for, the services detailed under the Schedule of Services of this
agreement.
- Payments due in terms of this agreement are payable monthly in advance.
- Should this agreement include the design of a Website, Xnet retains the copyright of the Website design.
- This agreement serves as a Performa Invoice and no payment shall be withheld by reason of non-delivery of a factual Tax Invoice
should the customer require one.
- Should the customer elect not to use the debit order facility offered by Xnet, the customer agrees to ensure that payment is
effected on or before the 7th day of the month in which payment becomes due.
- Should payment not be received by the 7th day of the month in which payment becomes due or, should any bank not honour any
payment, Xnet may, without notice, suspend services to the Customer.
- Xnet may, from time to time, increase the charges detailed under the Schedule of Services of this agreement provided that Xnet
supplies the customer with a calendar month’s notice of the increase.
- Charges in terms of this agreement, unless otherwise stated, are quoted exclusive of Value Added Tax.
- Downgrades or cancellation of these services require a written calendar month’s notice from the customer.
- The customer accepts the Jurisdiction of the Magistrates Court of Johannesburg for all matters resulting as a dispute of this
agreement.
- Xnet’s services may only be used for lawful purposes and activities and, Xnet prohibits the use of our services for the
transmission, storage and distribution of any material or content violates and law or regulation of the Republic of South Africa.
- Any activity that threatens the functioning, security and / or integrity of Xnet’s network, or that brings Xnet into
disrepute, is prohibited.
- Xnet prohibits the sending of unsolicited mass mailing activity including direct marketing; spam and chain letters for
commercial or other purposes, without the consent of the recipients of those mails.
- By signing this agreement, the customer acknowledges that Xnet has not power or control over the information passing over the
Internet and its applications and cannot be held responsible or liable, directly or indirectly, for any content consequential or inconsequential
losses. It remains the customer’s responsibility to review and evaluate any content obtained through the use of the Internet and / or Email.
- Where Xnet provides a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer
acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be
delivered to a customer. The customer acknowledges that Xnet shall without limitation have no responsibility for, or liability in respect of any
data lost as a result of this system.
- Xnet respects the privacy and confidentiality of our customers and our information will not be supplied to any third party
unless required by law or for the purpose of recovering of bad debts.
- Xnet confirms that it has a procedure in place for the notice and takedown of illegal material hosted on our servers. This is in
compliance with section 77 of the Electronic Communications and Transactions Act (No 25 of 2002). Please notify Xnet should you find any illegal
material hosted on our network / servers by sending an email to abuse@xnet.co.za
- This agreement is only binding on Xnet when signed by Xnet’s General Manager or an Xnet Director.
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