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MICROWEB PTY LTD Terms And Conditions:

INTERPRETATION:

1. In this Agreement, unless the context dictates otherwise, the subsequent expressions shall bear the following meanings:
1.2. “Agreement” signifies this Agreement/Contract, encompassing the terms and conditions of the Service Provider, any copyright notice, privacy policy, and all stipulations imposed by the Service Provider pertaining to the service, as periodically amended;
1.3. “Business Hours” denotes the period from Mondays to Fridays, spanning from 08H00 to 17H00, excluding Public Holidays;
1.4. “Client” designates the subscribing party as delineated in any subscription agreement, service application, or service order;
1.5. “Client Data” elucidates the data transmitted and received through the Service Provider’s Network;
1.6. “CPE” denotes the Client Premises Equipment, comprising the requisite apparatus and all equipment installed at the client’s premises for service delivery;
1.7. “Parties” pertains to the involved entities in this Agreement, namely the Service Provider and the Client. “Party” shall singularly connote either entity as contextually warranted;
1.8. “Service provider” designates Microweb (Pty) Ltd.

CONDITIONS OF AGREEMENT:

2. The commencement date of the Agreement is established upon the Client’s service activation as recorded by the Service Provider. E.g., From the date of line activation AFTER the Clients CPE has been installed and services are available to the Client to make use of.
2.1. This declaration serves as a legally binding Agreement outlining the responsibilities and commitments of the Client in utilising the services provided by the Service Provider.
2.2. In the event of the Client’s non-compliance with the comprehensive terms of the Agreement or any specified provisions, the Client solemnly commits to promptly reimburse the Service Provider for all costs, losses, or damages incurred as a consequence of such breach upon immediate demand.
2.3. The Client may not assign, transfer, or resell the Agreement to another party without written consent from the Service Provider. However, the Service Provider reserves the right to assign or transfer the Agreement to another entity in the event of a sale, merger, or restructuring of the business.
2.4. The Client remains liable to immediately pay for the repair or replacement of the CPE in the event of any damage, loss, theft, tampering, unauthorised modification, or sale of the CPE, whether by the Client or a third party.
2.5. The CPE steadfastly remains the property of the Service Provider. The Service Provider reserves the right to effectuate the removal of the CPE at its at its sole discretion or immediately upon termination of the Agreement.
2.4. The Service Provider reserves the right to terminate the Agreement at its sole discretion for any reason.

SERVICE AVAILABILITY:

3. Service Commitment, Indemnification & Limitation of Liability:
3.1. The Service Provider provides services on a best-effort basis and does not guarantee specific speeds, latency, or uptime. Factors such as network congestion, weather, and third-party service provider failures may impact performance. No refunds, credits, or compensation shall be provided for speed fluctuations, outages, or service degradation.
3.2. The Client agrees to indemnify, defend, and hold harmless the Service Provider, its employees, directors, and affiliates from any claims, damages, liabilities, legal expenses, or financial losses arising from, but not limited to:
• Service interruptions, downtime, or network failures, regardless of cause.
• Loss of business, data, or security breaches, whether due to negligence or external factors.
• Any illegal activities conducted using the service, including but not limited to copyright infringement, hacking, phishing, fraud, or cybercrime.
• Cybersecurity breaches, malware infections, or hacking of the Client’s devices while using the Service.
• Misuse of the Service in any way that violates this Agreement or applicable laws.

If a claim arises due to the Client’s use of the Service, the Client agrees to cover all legal costs incurred by the Service Provider in defending such claims.
3.3. Microweb provides an unlimited data service. However, to ensure network quality for all users, we may implement network management techniques, including but not limited to deprioritizing, rate limiting, or optimizing traffic for users whose usage negatively impacts the experience of other customers. These measures apply only during periods of network congestion and do not impose a hard data cap or usage limit. Microweb does not block or throttle specific services unless required to do so by law or for network security/optimisation purposes. Microweb’s services are designed for personal and residential use.

Customers may not:
• Use the service for unlawful activities, including but not limited to: Piracy, distributing malware, hacking, or conducting cyberattacks.
• Engage in excessive bandwidth-intensive activities (e.g., excessive downloading) that may degrade network performance or incur extra costs to the Service Provider.
• Resell Microweb services or bandwidth without prior approval.

If a customer’s usage violates this policy or impacts network performance for other users, Microweb may:
• Contact the customer to discuss and make necessary changes.
• Apply temporary network management techniques, or;
• In extreme cases, suspend or terminate the service, in line with our Terms and Conditions.

SECURITY AND PRIVACY:

4. Security Measures & Privacy Policy:
4.1. The Service Provider expressly reserves the right to intercept and monitor all communication flow through the provided service, undertaking any requisite measures to fortify the security and reliability of its network.
4.2. Sole responsibility rests upon the Client for safeguarding their data on personal computing devices (Computers, Laptops, Tablets, Smartphones) during utilization of the Service Provider’s service. The Service Provider disclaims any liability for security breaches transpiring on client devices or within the Service Providers infrastructure.
4.3. The Client is strictly prohibited from deploying the service for any illegal, unlawful or dangerous activities.
4.4. Should any Client be found engaging in the aforementioned transgressions, the Service Provider retains the unequivocal right, sans prejudice to other entitlements, to immediately suspend or terminate client service and/or agreement without recourse to any reimbursement, deeming such actions a material breach of contract.
4.5. The Service Provider collects, processes, and stores personal information as required to provide the Service.
4.6. The use of Client data is subject to the Service Provider’s Privacy Policy, which is available at: microweb.africa/privacy-policy
4.7. By using the Service, the Client agrees to the terms of the Privacy Policy, including how personal data is collected, stored, and shared.

SUBSCRIPTION AND PAYMENTS:

5. Service Fees:
5.1. The service provided by the Service Provider and the associated subscription fee are integral to this Agreement.
5.2. The subscription fee is payable in advance on a monthly basis, due on the first day of each month.
5.3. Once initiated, the Client may only terminate this Agreement by providing one full calendar month’s written notice, effective after the end of the last full paid month. If the Client terminates the Agreement prior to completing 12 full consecutive months of paid service from the installation date, they shall be obligated to pay an early termination fee of R600. Subsequently, following the initial 12-month term of paid service, the Agreement will continue until either party, the Client or the Service Provider, terminates it. After the initial 12-month period of paid service, no early termination fee will be applied upon termination of the Agreement.
5.4. In the event of the Client’s failure to remit payment in accordance with the stipulated due dates as outlined on their invoices /account statement, the Service Provider retains the right to suspend the provision of all services until such time as all outstanding payments are duly received. Despite suspension of services, the Client expressly assumes liability for the entire monthly service fees, and ongoing months ahead irrespective of the temporal duration of the suspension period for as long as the Agreement remains in place. The Client expressly undertakes to remit all monthly fees even in instances where the account remains suspended, during which the services are not utilised due to suspension or other. Notice of the service suspension shall be diligently conveyed to the Client. The reinstatement of services shall be effectuated within a reasonable timeframe subsequent to the complete reception of the outstanding payment. It is expressly understood that the Service Provider shall bear no responsibility for any losses, damages, or inconveniences suffered by the Client consequent to the suspension of services.
5.5. Non-payment of fees for a consecutive period of 2 (Two) months by the Client shall constitute a material breach of the Agreement and may result in the initiation of termination by the Service Provider. In such cases, the Service Provider reserves the right to terminate this Agreement immediately without notice.
5.6. If the Client fails to remedy their unpaid dues, termination of this Agreement shall take effect, and the Client will be obligated to pay any outstanding fees as well as allow the Service Provider to retrieve the CPE and any other installed equipment on the Clients premises.
5.7. Should the Client wish to downgrade or upgrade their existing service package to a lower-tier or higher-tier package, a full calendar month’s written notice is required. All downgrade or upgrade requests will be subject to a non-refundable administration fee as determined by the Service Provider at the time of processing. The applicable administration fee may vary and is available upon request. The downgrade or upgrade will only take effect after the notice period has elapsed and the administration fee has been settled in full.
5.8. The Client acknowledges that certain service packages may fall into different classes or tiers which require specific CPE and/or installation methods. Downgrading or upgrading between these service classes may necessitate the installation, removal, or replacement of CPE and/or incur additional setup or connection fees. Such changes are subject to coverage availability and the availability of the required hardware and may involve a change in monthly fees, installation charges, and/or administration fees. The Service Provider reserves the right to approve or decline any class change request based on feasibility, service availability, and operational considerations.

INSTALLATION, NOTICE PERIODS, AND CANCELLATION:

6. Installation and Termination:
6.1. Installation of the CPE will be carried out by the Service Provider on the date and time agreed to with the Client.
6.2. The CPE steadfastly remains the property of the Service Provider. The Service Provider reserves the right to effectuate the removal of the CPE at its at its sole discretion or immediately upon termination of the Agreement.
6.3. Early termination (as seen in 5.3) by the client necessitates payment of an early termination fee, specifically R600.
6.5. In the event of the Client’s desire to terminate this Agreement full settlement of outstanding dues on the client’s account, as per the statement, is requisite prior to the initiation of termination. This includes the imposition of any applicable early termination fees if the termination is effected prior to the culmination of 12 full paid months.
6.6. Any hindrance of or refusal to allow the Service Provider to collect the CPE and all other installed equipment upon termination of the Agreement either by the Client or the Service Provider leaves the Client fully responsible to immediately pay the Service Provider the value of the CPE and all other installed equipment as determined by the Service Providers current cost to replace.
6.7. Upon termination, if there is any applicable refund for the Client, this refund shall only be processed once all provided equipment, including but not limited to the CPE and any installed equipment, has been retrieved by the Service Provider.
6.8. If the Client has any outstanding balance owed to the Service Provider at the time of termination, the refundable amount shall first be used to offset the outstanding balance. If the outstanding balance exceeds the refundable amount, the Client remains liable for the remaining debt, which must be settled in full.

ADDITIONAL BREACH OF CONTRACT:

7. Additional Breaches:
7.1. Additional breach of contract by the subscriber encompasses the following conduct:
• Circumventing authentication methods, speed limits, or data limitations imposed by the Service provider.
• Attempting or accessing any part of the Service provider’s network infrastructure.
• Damaging, altering, tampering with, selling, moving, uninstalling the CPE.
• Unapproved reselling or redistribution of Microweb services.

BREACH OF CONTRACT:

8. Breach of Contract:
8.1. In the event of client breach, the Service Provider retains the right to terminate the Agreement with the client immediately without notice.

WAIVER:

9. Waiver Clause:
9.1. No waiver of any terms and conditions herein shall be binding unless executed in writing by the Service Provider and signed by the requesting party.
9.2. Any such waiver exclusively operates in the specific instance and for the designated purpose.
9.3. Failure or delay by either Party in exercising any right, power, or privilege does not constitute a waiver. Single or partial exercise of any right, power, or privilege does not preclude subsequent or complete exercise thereof or the exercise of any other right, power, or privilege.

GENERAL:

10. Additional Provisions:
10.1. The contract proferentem rule finds no application to this agreement.
10.2. This document is construed as an offer from the Service Provider to the client. By affixing its signature hereto, the client hereby accepts and ratifies this agreement, resulting in a legally binding agreement between the Service provider and the client.
10.3. This Agreement shall be governed by the laws of the Republic of South Africa. Any disputes arising from this Agreement shall be resolved in the appropriate courts of South Africa. The Client consents to the jurisdiction of such courts and waives any objections regarding venue or jurisdiction.
10.4. Microweb reserves the right to amend these Terms and Conditions from time to time. Changes that affect pricing, cancellation policies, or other material terms shall take effect with 30 (thirty) days’ notice to the Client. Continued use of the service after the notice period shall constitute acceptance of the updated Terms and Conditions.
10.5. Microweb reserves the right to modify service plans, pricing, and network management policies as necessary for business operations, regulatory compliance, or network efficiency. Clients will be given 30 (thirty) days’ notice before any such changes take effect. Continued use of the service after the notice period shall constitute acceptance of the modified service terms.

11. Dispute Resolution & Governing Law:
11.1. In the event of a dispute arising from this Agreement, the Parties shall first attempt to resolve the matter through good-faith discussions and negotiations.
11.2. If the dispute remains unresolved within 30 (thirty) days, either Party may refer the matter to an independent mediator or arbitrator, as agreed upon by both Parties.
11.3. Should legal proceedings be required, the Client agrees that all disputes shall be handled in the courts of the Republic of South Africa under South African law.
11.4. The Client shall remain liable for all amounts due under this Agreement during the dispute resolution process.