1. This Service Contract, which includes these Terms & Conditions, the Service Application, the Debit Order Instruction, the Rental Application (if applicable), WIRUlink’s Quotation(s), WIRUlink’s Warranty and WIRUlink’s Acceptable Use and Fair Usage Policy, comes into effect once same has been accepted by the Customer and the installation go-ahead (which includes, on-site coverage, signal strength and connectivity confirmation, receipt of all required documentation, and credit approval) has been confirmed by WIRUlink. In terms hereof WIRUlink shall provide the Customer with the telecommunications equipment and/or internet, voice and data services as agreed upon by WIRUlink in exchange for the agreed fees.
2. Installation date will be confirmed by the WIRUlink technical department after all required documentation is received, and after successful credit approval. Please note that installation is subject to the on-site coverage, signal strength and connectivity assessment. Should the results of the assessment prove not to be viable, the installation will be aborted. Billing shall commence after successful installation, payable monthly in advance by compulsory debit order, pro-rata from date of installation completion. AC power, power plugs, sleeve, conduits and ducts for cables to be supplied by the Customer, with draw wires. Trenching is to be done by the Customer. Any additional equipment not included in the monthly rental amount, shall be due and payable in full after installation completion.
3. All pricing includes VAT @ 15%, unless otherwise specified. The service fees consist of fixed monthly costs that are billed monthly in advance and variable costs are billed monthly in arears, payable by automatic compulsory debit order on the 1st or 2nd business day of each month. Once-off amounts, equipment purchased, installation costs, additional works, etc are billed as ad-hoc invoices payable by automatic compulsory debit order, on the ad-hoc automatic debit order payment date on the specified date on these invoices. Prices, fees and costs may change, upon 1 (one) calendar months written notification from WIRUlink.
4. This is a 12 (twelve) month contract, therefore each 12 (twelve) month contract term will start on the date of installation completion of each WIRUlink Quotation. The Customer can upgrade the services any time with a minimum of 1 (one) calendar month’s written notice to WIRUlink, unless specified otherwise. The Customer will be liable for all fees up until the last day of the calendar month notice period. This Service Contract will be automatically renewed for a further 12 (twelve) months at the end of each initial 12 (twelve) month period, unless the Customer notifies WIRUlink in writing not less than 1 (one) calendar month before the expiry date of their intention to terminate the Service Contract. Upon final termination, WIRUlink shall at its own cost remove all rented and/or unpaid equipment owned by WIRUlink from the Customer’s premises at any date or time convenient to WIRUlink.
5. All equipment carries a 12 (twelve) month on-site warranty from date of installation/delivery, unless specified otherwise on quotations, excluding power, lightning surges and any non-warranty related causes. The Customer is bound by WIRUlink’s Warranty Terms and Conditions, as published on WIRUlink’s website which forms part of this Service Contract and is available on request. All equipment on rental from WIRUlink or its associated financial services providers remains the property of WIRUlink, unless purchased and paid for in full by the Customer. Risk and responsibility of the equipment passes to the Customer upon date of installation/delivery. WIRUlink will collect all rental equipment upon termination of this Service Contract.
6. Take note: WIRUlink requires that all equipment be fully insured by the Customer and connected to power surge and lightning protection equipment provided by the Customer. WIRUlink will not be held accountable for any equipment and/or data damages or losses.
7. If equipment is damaged while at the Customer’s premises or in the Customer’s control, WIRUlink will replace the damaged equipment and same will be billed for after the work has been done. Defective equipment will also be replaced by WIRUlink and be billed for after the work has been done but should the equipment be replaceable under warranty, a credit will thereafter be passed to the Customer’s account.
8. All equipment remains the property of WIRUlink until fully paid for. Services may be disconnected if accounts remain unpaid for more than 7 days from the due date.
9. Should the Customer’s debit order return unpaid, WIRUlink will notify the Customer of same and the Customer will have 7 days to pay the account failing which the services may be disconnected. If WIRUlink’s services have been suspended due to non-payment by the Customer, WIRUlink may charge a reconnection fee upon receipt of payment to reconnect the services. By agreeing to this Service Contract, the authorised person gives WIRUlink full permission to enter the Customer’s premises and remove all unpaid WIRUlink equipment and materials, at any date or time convenient to WIRUlink, should the Customer be in breach of this Service Contract. Collection of the unpaid equipment and materials is in addition to any other rights and remedies WIRUlink has in law, including termination of this Service Contract and claiming damages. In addition to the rights to terminate set out in WIRUlink’s Acceptable Use and Fair Usage Policy, WIRUlink may cancel this Service Contract on 1 (one) calendar month’s written notice to the Customer at any time.
10. WIRUlink may install its “connected by WIRUlink” name board on the Customer’s property or building.
11. WIRUlink may display the Customer’s logo on marketing materials and the WIRUlink website.
12. Approval of number porting applications, may take up to 15 (fifteen) business days from date of number porting application date, subject to approval the service provider porting out, and cannot be re-ported within 3 (three) months.
13. Take note: WIRUlink accepts no responsibility for connectivity, network and/or Customer downtime problems, or any losses or damaged associated thereto, or any “line-of-sight” or “external factors” that could affect the quality of the connectivity after installation completion . If conditions fall outside WIRUlink’s minimum standards, the Customer may in writing on the WIRUlink jobcard approve “non-ideal-installation-environments”, however WIRUlink accepts no responsibility for connectivity, network and/or client downtime problems . All connectivity, telephone or data problems must be reported to WIRUlink’s technical help desk via email to support@wiru.co.za, and may be escalated via a telephone call to 010 595 0000 (technical support).
14. Use of any hardware and/or software to bypass the standard WIRUlink configuration and regulation is strictly forbidden. The Customer is bound by WIRUlink’s Acceptable Use and Fair Usage Policy, as published on WIRUlink’s website which forms part of this Service Contract and is available on request.
15. The Customer shall ensure that their antivirus protection software is updated. WIRUlink will not be held accountable for any damages/losses in this regard.
16. Take note: To the extent permitted by law, WIRUlink will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by the Customer (including but not limited to relating to their person, employees, customers, property or business) in connection with this Service Contract, the equipment and/or services whether or not such claim arises during installation, while this Service Contract is in effect or after the termination hereof.
17. The Customer acknowledges that WIRUlink will retain ownership of all right, title and interest, including but not limited, to all intellectual property rights in and to the WIRUlink services and all software programs developed by WIRUlink and used in the delivery of the services. All intellectual property (including but not limited to copyright, patents, proprietary material, trademarks, logos, design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts, methods, techniques, processes, adaptations, ideas, technical specifications and testing methods) owned by WIRUlink and all modifications thereto shall at all times remain the sole property of WIRUlink and the Customer shall not acquire any rights, title or interest of any kind in any of WIRUlink’s intellectual property, other than permitted in terms of this Service Contract.
18. The Customer hereby consents to and authorizes WIRUlink to process its personal information, which includes but is not limited to, the name, identity or registration number, banking details, of the Customer, for the purpose of performing the services in terms of this Service Contract. The Customer hereby consents to and authorizes WIRUlink to conduct a credit assessment with credit bureau on the Customer and its directors/members/proprietors.
19. WIRUlink reserves the right to pursue the Customer for any outstanding debt in terms of Section 129 of the National Credit Act 34 of 2005. WIRUlink reserves the right to list the defaulting Customer as a defaulter with credit bureaux in line with Regulation 19(4) of the National Credit Act 34 of 2005.
20. The Customer understands that the Customer’s personal information given to WIRUlink is to be used for the purposes of assessing credit worthiness and in order to perform in terms of this Service Contract and the Customer consents thereto. The Customer confirms that the Customer’s personal information given to WIRUlink is accurate and complete. The Customer further agrees to update the information supplied as and when necessary in order to ensure the accuracy of the above information failing which WIRUlink will not be liable for inaccuracies.
21. WIRUlink will take appropriate security measures to ensure the personal information is kept secure and protected against unauthorized use or unlawful processing. WIRUlink will not use or disclose the personal information to third parties without the Customer’s consent, unless the use or disclosure is required to carry out the performance of the Service Contract between WIRUlink and the Customer; to comply with applicable law, order of court or legal process; and/or disclosure is necessary to protect and defend the legitimate interests of WIRUlink.
22. This Service Contract, which includes these Terms & Conditions, the Service Application, the Rental Application (if applicable), and WIRUlink’s Acceptable Use and Fair Usage Policy and any job cards and quotations, constitute the entire agreement between the parties.
23. With the exception of the notice of amended prices, fees and costs, no amendment to this Service Contract shall be of force unless reduced to writing and signed by both parties.
24. The Customer shall not cede their rights or assign their obligations under this Service Contract unless prior written notice is given to WIRUlink. WIRUlink reserves the right to cede its rights in terms of this agreement, with or without notification and/or consent by the Customer.
25. No extension of time, waiver, indulgence, or other arrangement granted or allowed by either party shall constitute a waiver or novation of that party’s rights.
26. Should any provisions of this Service Contract be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions of this Service Contract.
28. For the purpose of this Service Contract, including the giving of notices and the serving of legal process, the Customer chooses its domicilium citandi et executandi to be the physical or email address set out in the Service Application hereto. A notice in terms of this Service Contract shall be presumed to have been duly given, if delivered, on the date of delivery, if sent by facsimile or e-mail, on the day that the facsimile or e-mail is transmitted.
29. The person agreeing to this agreement hereby act as the Surety to assume certain risks, liabilities and legal responsibilities on behalf of the Customer towards WIRUlink.
30. The Surety hereby agrees to and stands as surety for the Customer (“the Surety”), by him/her agreeing hereto, binds himself/herself in his/her personal capacity, in favour of WIRUlink, its successors-in-title and assigns as surety and co-principal debtor in solidum, jointly and severally, with the Customer for the proper, full and punctual payment and performance of the Customer of all its present and future obligations to WIRUlink which the Customer owes or may in the future owe to WIRUlink from whatsoever cause arising in terms of goods and/or services rendered in terms of this Service Contract concluded or about to be concluded between WIRUlink and the Customer.
31. This Suretyship shall remain in full force and effect notwithstanding any indulgence, concession, leniency or extension of time which may be shown or given by WIRUlink to the Customer; or any amendment/s to this Service Contract, this Suretyship Agreement and/or other agreement for the time being subsisting between the parties.
32. The Surety hereby renounces the benefits of the legal exceptions " beneficium ordinis seu excussionis" (i.e. excussion, enabling WIRUlink to proceed against me as the Surety before proceeding against the Customer if WIRUlink chooses to do so); "beneficium divisionis" (i.e. division, enabling WIRUlink to proceed against any one of us sureties alone for the full amount owing to WIRUlink); "exceptio errore calculi" (the exception of a wrong calculation); " exceptio non numeratae pecuniae" (the exception that money was not paid over); "exceptio non causa debiti" (the exception that no cause of action exists); where applicable, the " exceptio de duobus vel pluribus reis debendi" (the exception that all the sureties must be joined in any action, each for his/her proportionate share of the debt); "revision of accounts"; and "no value received", with the meaning and effect of all of which the Surety declares himself/herself to be fully acquainted.
33. The Surety warrants, as a material warranty, that he/she is duly authorised to enter this Suretyship, and that he/she has read and understood each term and condition of this Suretyship and accepts them as binding.
34. The Surety accepts that the authorized representative of the Customer to any Schedule or other documentation in terms of this Service Agreement shall bind the Customer in respect of the relevant transaction.
35. In the event of more than 1 (one) person appending his/her acceptance hereto, there shall come into existence a separate and distinct Suretyship agreement for each person agreeing hereto (“the Sureties ”). If for any reason the Suretyship is not binding on 1 (one) Surety, it shall nevertheless remain in full force and effect in respect of the obligations of the remaining Sureties.
36. For its duration, this Suretyship shall be a continuing covering security for all the Customer’s obligations to WIRUlink in terms of, or arising in connection with this Service Contract, until all amounts owing to WIRUlink and all obligations (including contingent obligations), plus such interest and costs until date of payment as are permissible in law, have been paid and fully and finally settled or discharged.
37. The Surety hereby chooses its domicilium citandi et executandi (domicile address) for all purposes at the address of the Customer.
38. Abbreviated name as registered with bank: WIRULINK
39. “Debit Amount” refers to Invoice amount and/or outstanding account balance.
40. “Commencement Date” is same as Service Commencement”.
41. The Authority and Mandate refers to our contract as dated as on acceptance 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.
42. The individual payment instructions so authorised to be issued must be issued and delivered on the day ("payment day") of each and every month commencing after service commencement. In the event that the payment day falls on a Sunday or recognized South African public holiday, the payment day will automatically be the very next or preceding 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, 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 than the obligation due.
43. 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.
44. MANDATE: I / We acknowledge that all payment instructions issued by you shall be treated by my/our bank as if the instructions had been issued by me/us personally.
45. 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.
46. 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.
WIRUlink is a licensed telecommunications service provider using the latest wireless and fibre technologies to offer data and voice services to businesses and homes in South Africa...
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