Terms & Conditions

Terms & Conditions

MICROWEB PTY LTD Terms And Conditions:

INTERPRETATION:

1. Definitions:
1.1. 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. Client Obligations:
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. By engaging in the utilisation of the service, the Client explicitly undertakes not to bypass the user authentication process, violate the speed limiters implemented by the service, or attempt unauthorised access to the Service Provider’s network.
2.3. Furthermore, the Client acknowledges and accepts full liability for any damage caused to the provided CPE and any other installed equipment on their premises. In the event of a client-induced breakage, damage, theft, unauthorized removal and/or sale of the CPE or any other untheorized tampering with the CPE the Client is obliged to cover the entire cost of a replacement CPE and any other costs including labour to reinstall or collect or replace as determined by the Service Provider. In the event that the Client refuses to allow the Service Provider to collect the CPE or in any manner obstructs the retrieval process of the CPE, the Client shall be obliged to pay the Service Provider the full value of the CPE in order for the Service Provider to recover their loss.
2.4. Any unauthorised alterations, modifications, tampering or interference with the CPE by the Client that result in the Service Provider needing to repair the CPE will obligate the Client to pay a service fee and/or cover the expenses associated with either repairing the device or procuring a replacement, as determined by the Service Provider.
2.5. In the event of the Client’s non-compliance with the comprehensive terms of this this 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.
2.6. The Client may not assign, transfer, or resell this Agreement to another party without written consent from the Service Provider. However, the Service Provider reserves the right to assign or transfer this Agreement to another entity in the event of a sale, merger, or restructuring of the business.

SERVICE AVAILABILITY:

3. Service Commitment, Indemnification & Limitation of Liability:
3.1. Microweb 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, temporary 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:
Service interruptions, downtime, or network failures, regardless of cause.
Loss of business, data, or security breaches, whether due to negligence or external factors.
Unauthorized use, resale, or redistribution of the service.
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 purposes. Microweb’s services are designed for personal and residential use. Customers are expected to use the service in a way that does not negatively impact other users.

Customers may not:
• Use the service for unlawful activities, including but not limited to: distributing malware, hacking, or conducting cyberattacks.
• Engage in bandwidth-intensive activities (e.g., excessive downloading) that degrade the network experience for others.
• Resell 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 usage patterns.
• Apply temporary network management techniques, or
• In extreme cases, suspend or terminate the service, in line with our Terms and Conditions.

3.4. The Service Provider offers internet services on a best-effort basis. While we strive for uninterrupted service, we do not guarantee specific speeds, uptime, or performance. Temporary disruptions may occur due to maintenance, network congestion, weather conditions, or other external factors beyond our control. The Client acknowledges that no compensation, refunds, or damages shall be claimed for service interruptions unless otherwise specified in a separate Service Level Agreement (SLA).
3.5 The Service Provider shall not be liable for failure to provide service due to force majeure events, including but not limited to: acts of God, natural disasters, power failures, riots, war, government actions, labor disputes, supplier failures, or fiber optic cable damage caused by third parties. If service is disrupted due to such events, the Client acknowledges that the Service Provider shall not be required to issue refunds or compensation.

SECURITY & 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.
4.3. The Client is strictly prohibited from deploying the service for any illegal or unlawful 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 summarily 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 PAYMENT:

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. Post-initiation, the subscription and this Agreement may not be terminated by the Client without affording a full calendar months notice from the conclusion of the last full month’s payment. 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 the early termination fee specified for the service package specified in 6.3 of these terms and conditions. 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. Notice of the service suspension shall be diligently conveyed to the Client, inclusive of precise details regarding the outstanding sum and the deadline by which requisite payments must be tendered for the restoration of services. 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 upon providing a written notice to the Client. The Client will be given a 1 day grace period to settle all outstanding dues and bring the account up to date.
5.6. If the Client fails to remedy the non-payment within the specified grace period, the termination 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. The commencement date of this agreement is established upon the client’s receipt of installation as recorded by the Service Provider.

INSTALLATION, NOTICE PERIOD 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. Notwithstanding contrary agreements or legal provisions, the CPE steadfastly remains the exclusive property of the Service Provider. In accordance with the terms herein, the Service Provider reserves the right to effectuate the removal of the CPE upon termination of the Agreement, subject to one business day’s notice during Business Hours.
6.3. Early termination (as seen in 5.3) by the client necessitates payment of an early termination fee, specifically R999.
6.4. The client is mandated to facilitate the Service Providers unimpeded retrieval of the CPE and all installed equipment at the Clients premises.
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 pay the Service Provider the value of the CPE and all other installed equipment as determined by the Service Provider.

BREACH OF CONTRACT:

7. Breach and Termination:
7.1. A breach of contract by the subscriber encompasses the following conduct:
• Utilizing the internet service for any illegal activities.
• 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.
• Defaulting on payments for the provision of services within the stipulated timeframe.
• Damaging, altering, selling, removing, uninstalling the CPE and any installed equipment.
• In the event of client breach, the Service Provider retains the right to terminate any subscription Agreement with the client, providing 1 (one) days’ notice of service cancellation.
• Unapproved reselling or redistribution.
• The Service Provider may suspend or terminate service without notice if the Client engages in activities that threaten network security, including but not limited to: Distributing malware, phishing attacks, or denial-of-service (DDoS) attacks, attempting to hack, modify, or disrupt network infrastructure.
7.2. The Service Provider reserves the right to terminate this Agreement at its sole discretion for any reason. However, if termination is without cause, the Service Provider shall provide the Client with at least 20 (twenty) business days’ written notice in compliance with the Consumer Protection Act (CPA). If termination is due to a material breach by the Client, the Service Provider may terminate the Agreement immediately without notice.
7.3. Upon termination, the Client shall be entitled to a pro-rata refund of the remaining days in the current billing cycle, calculated based on the daily rate of their subscribed package. This refund shall only be processed once all provided equipment, including but not limited to CPE and any installed devices, has been retrieved by the Service Provider.
7.4. 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. No refund shall be due if the Client refuses or obstructs the retrieval of the Service Provider’s equipment.

WAIVER:

8. Waiver Clause:
8.1. No waiver of any terms and conditions herein shall be binding unless executed in writing and endorsed by the Party proffering the same.
8.2. Any such waiver exclusively operates in the specific instance and for the designated purpose.
8.3. 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:

9. Additional Provisions:
9.1. The contract proferentem rule finds no application to this agreement.
9.2. 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 covenant between the Service provider and the client.
9.3. 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.
9.4. 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 at least 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.
9.5. 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 at least 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.

10. Dispute Resolution & Governing Law:
10.1. 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.
10.2. 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.
10.3. 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.
10.4. The Client shall remain liable for all amounts due under this Agreement during the dispute resolution process.

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