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TERMS & CONDITIONS

The Customer's use of the Service (as defined below) and/or acceptance of these Terms and Conditions ("Conditions") constitute the Customers agreement to be bound by these Conditions. These Conditions must be read in conjunction with the installed network's service terms & conditions which may also be subject to change from time to time. It is the Customer's responsibility to ensure that they comply with the latest edition of the terms & conditions in force at any given time.

We are hard & software providers, we configure, setup & prepay for services on behalf of users, on ICASA licensed devices & Service Providers and or licensed National Networks

All users are subject to full RICA compliance:
 

  • Providers & or Networks have the right to change or modify their Ts & Cs at any time without prior or any notification being required.

  • Such changes may include, but are not limited to the tariffs charged at any time, with the method of notice as determined by the providers or networks at the time of notice.

1. Definitions

Please note some terms used in these Conditions will have a certain meaning:
  • "Agreement" means these Conditions together with the applicable Service Order and AUP;
  • "Carrier" means any supplier of telecommunications services for the Service;
  • "Commencement Date" means the date when the Customer first receives the live Service.
  • "Customer" means the person who orders the Service.
  • "Customer Apparatus" means apparatus belonging to the Customer which the Customer uses to connect to the Service;
  • "Minimum Period of Service"
  • The normal minimum period of service is six (6) months, renewable monthly thereafter. Where any special offer has been agreed this term will be twelve (12) months.
  • "Premises" means the Customer's premises where the Service is to be received.
  • "Service" means the connection and supply of the equipment capable of supporting IP services at the Premises and the provision of services as detailed on our website.
  • "Service Order" means the Service Order document that Customer completes to apply for the Service;
  • "Term" is defined in clause 3.


2. Provision of The Service
2.1 The Service is described on the web site at www.TelWORLD.co.za

2.2 TelWORLD exclude all and any warranties and conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it or the accuracy of information received through it.

2.3 The Customer acknowledges that the Service will depend upon the characteristics of the wireless signal quality and that it may not be possible to supply the Service.

2.4 From time to time certain PoPs, servers, or the whole or part of the Network may be closed down for routine repair or maintenance work.

2.5 TelWORLD will correct reported faults as soon as possible. Should the Customer encounter a fault with the Service the Customer should report the fault by telephone to the TelWORLD helpdesk at 083-556-4813.

2.6 Except as otherwise expressly permitted in these Conditions, and in addition to other restrictions herein, the Customer may not:

2.6.1 redistribute, encumber, sell rent, lease, sub-license, copy or use the Service or otherwise transfer rights to the use of the Service to any third party, whether in whole or in part;

2.6.2 modify the Service without TelWORLD's prior written consent.


3. Term and Termination
3.1 This Agreement will commence on the Commencement Date and shall continue for a term equivalent to the subscription period paid by the Customer until the expiry of that subscription period.


4. Fees
4.1 The installation fee as specified on the Service Order is payable in advance by cash or cheque.

4.2 All fees are subject to change from time to time. TelWORLD will contact you in the event of any such increases.


5. Customer Apparatus
5.1 The Customer shall be responsible for the repair and maintenance of any Customer Apparatus used in order to obtain or use the Service.

5.2 The Customer shall ensure that such Customer Apparatus complies with any applicable law. The Customer shall immediately disconnect any such apparatus if such apparatus does not, or ceases to, conform to applicable standards (if any) for the time being in force.

5.3 TelWORLD reserves the right to disconnect any apparatus used by the Customer if the Customer does not fulfil their obligations under this Clause or if, in the opinion of TelWORLD, such apparatus may cause the death of or personal injury to any person, or damage to property, or materially impair the quality of any telecommunication service provided by means of the TelWORLD Systems, and the Customer agrees to disconnect such apparatus at the request of TelWORLD.


6. Disclaimer of Warranties
6.1 THE SERVICE WILL BE PROVIDED TO THE CUSTOMER "AS IS", WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

6.2 TelWORLD DISCLAIMS AND EXCLUDES ALL SUCH WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS FREE OF DEFECTS AND VIRUSES, OF SATISFACTORY QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS.

6.3 FURTHER, TelWORLD DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT MIGHT ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

6.4 THE CUSTOMER ACCEPTS ALL RISKS AND LIABILITIES ASSOCIATED WITH THE CUSTOMER'S USE OF THE SERVICE.


7. Limitation on Liability
7.1 Nothing in this Agreement shall exclude or limit liability for

    (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees or

    (b) fraud.

7.2 TelWORLD shall not be liable in contract, tort, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with this Agreement for:

7.2.1 any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

7.2.2 any loss of goodwill or reputation; or

7.2.3 any special, indirect or consequential losses or any destruction of data, in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, suffered or incurred by that party arising out or in connection with the provisions of, or any matter under this Agreement.


8. Indemnity
8.1 The Customer agrees to indemnify and hold TelWORLD harmless for all liabilities, loss, claims and expenses that may arise from (a) any breach of these Conditions by the Customer; and (b) any transmission or receipt of any content or message which the Customer has requested or made using the Service.


9. Data Protection/Personal Details
9.1 TelWORLD may retain the Customer's personal data, and the Customer authorise TelWORLD to use their personal data, for the following purposes:

    9.1.1 provision of the Service to the Customer;

    9.1.2 keeping of a record for a reasonable period after termination of the Customer's Service;

    9.1.3 operation and enforcement of these Conditions;

    9.1.4 technical maintenance;

    9.1.5 providing the Customer with information about other services TelWORLD offer, subject to the Customer's right to opt out of receiving such information;

    9.1.6 legal compliance including disclosing it to any third party who TelWORLD reasonably consider has a legitimate interest in any such investigation or its outcome.

9.2 It is the Customer's responsibility to keep the personal data that the Customer provide to TelWORLD up to date. TelWORLD may send notices or other information to the Customer at the address the Customer give TelWORLD. The Customer should notify TelWORLD immediately of any change to the Customer's personal data by sending TelWORLD an email to admin@TelWORLD.co.za


10. Notices
10.1 Any notice required or permitted under the Agreement must be in English and in writing. The Customer must send any such notice to TelWORLD via one of the following methods:
   
    (a) send it to TelWORLD CC, Alquin Mews, Celia Nestadt Dr, Benoni, Gauteng; or
   
    (b) leave it at the above address; or
   
    (c) send it by email to admin@TelWORLD.co.za

10.2 Any notice to be sent to the Customer will be sent either to the address which the Customer provided on the Service Order or to the email address registered with TelWORLD.


11. Assignment
11.1 TelWORLD reserve the right to assign or sub-contract any or all of its rights and obligations under this Agreement without the Customer's further consent to such assignment or sub-contract.

11.2 The Customer may not sell, lease, sub-licence, assign or otherwise transfer, whether in whole or in part, by operation of law or otherwise, the Agreement or any rights or obligations therein without the prior express written consent of TelWORLD.


12. Matters Beyond The Parties' Reasonable Control
12.1 If either party is unable to perform any of its obligations under this Agreement because of a matter beyond that party's reasonable control including, but not limited to, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, or acts of local or central Government or other competent authorities or acts or omissions of third party telecommunications service providers, that party shall have no liability to the other for such failure to perform its obligations.


13. Proprietary Rights
13.1 All title, interests, and rights (including intellectual property rights) in the Service remain in TelWORLD and/or its suppliers.

13.2 The Customer acknowledge such title, interest and rights and the Customer shall not take any action to jeopardise, limit or interfere in any manner with TelWORLD's (or any third party supplier's) title, interests or rights with respect to the Service including, but not limited to, using its trademarks or trade name.


14. Amendment of These Conditions
14.1 TelWORLD reserve the right to add to and/or amend the Conditions at any time. Such changes shall be notified to the Customer by posting on the Terms & Conditions section of the Website.

14.2 Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website.


15. Miscellaneous
15.1 The Agreement will constitute the entire agreement between the parties concerning the subject matter of these Conditions. It will supersede all prior and contemporaneous agreements, communications and representations (except for fraudulent or negligent misrepresentations) whether oral or written, between the parties relating to the subject matter of these Conditions, and all past courses of dealing or industry custom. The Agreement will prevail over any other conflicting written instrument or other notice the Customer may submit to TelWORLD.

15.2 Any amendment to the standard terms of the Agreement must be in writing and signed by an authorised representative of each party.

15.3 The Agreement shall be governed by the laws of South Africa and the parties submit to the non-exclusive jurisdiction of the Courts of South Africa.

15.4 In the event of a dispute between the parties, the parties will attempt in good faith to resolve the dispute or claim arising out of or relating to the Agreement promptly through negotiations between the respective representatives of the parties who have authority to settle the same.

15.5 If any provision of the Agreement (whether in part or in whole) is held by a court of competent jurisdiction to be illegal, invalid or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.

15.6 Any waiver of any breach of any provision of the Agreement will not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of the Agreement. A waiver of a provision or breach of a provision of the Agreement will only be effective if made in writing and signed by an authorised representative of the waiving party.

15.7 Any licence granted under the Agreement will not create a partnership, joint venture, agency relationship or franchise relationship.

15.8 The headings to the sections of these Conditions are for convenience only and have no substantive meaning.

 

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