“Application” means the online or any other written
request for initiation/activation of a Service(s) and / or the
provision of Good(s), which, when accepted by WIRUlink, becomes
a binding Service Contract.
“AUFUP” means the Acceptable Use and Fair Use
Policy as published on WIRUlink’s webpage.
“Business Day” means any day other than a Saturday,
a Sunday or a public holiday in the Republic of South Africa.
"Customer” or “Client” is the party described
on any Application or Service Contract executed between it and
"Emergency Maintenance" means maintenance to the WIRUlink
System intended to remedy existing circumstances or prevent
imminent circumstances that are likely to cause danger to
persons or property, an interruption to the Communication
Services, or substantial loss to WIRUlink, the Customer or any
“Goods” means any and all goods to be provided by
WIRUlink to the Customer in terms of a Service Contract,
including without limitation equipment, hardware and third
“Good Industry Practice” means the exercise of that
degree of skill, diligence, prudence and foresight which would
reasonably be expected from a skilled and experienced service
provider providing similar services to those provided under
this Agreement. Such a service provider would seek in good
faith to comply with its contractual obligations, and with all
applicable laws, codes of professional conduct, relevant codes
of practice, relevant standards, and all conditions of planning
and other consents.
“Intellectual Property Rights” means patents,
registered designs, trade marks (whether registered or
otherwise), copyright, trade secret rights, database rights,
design rights, service marks and other intellectual property
rights and rights to claim something as confidential
information, including in other jurisdiction, that grant
“Provider” means the last-mile fibre installer.
“RICA” means the Regulation of Interception of
Communications and Provision of Communication-related
Information Act 70 of 2003.
“Service Contract” means these Standard Terms &
Conditions, including all the terms and conditions contained
herein and as published on the WIRUlink website, the Service
Application, the Debit Order Instruction, the Rental
Application (if applicable), Quotation(s), Warranty Terms and
Conditions, Acceptable Use and Fair Usage Policy, Code of
Policy, and all other Legal Documents published on the WIRUlink
website, as well as the standard terms and conditions of any
other 3rd-party open access network (if applicable),
(collectively hereinafter referred to as “Service
Contract’) and all annexures to any of these documents.
“Service Order” means an online application for
goods, services and / or work order agreed to in terms of this
Agreement describing the specific Goods or Services to be
provided by WIRUlink to the Customer.
"Service Terms" means a document describing the terms on which
WIRUlink will provide a particular Good or Service, as amended
from time to time.
“Supplier” means a supplier of goods and / or
services to WIRUlink.
"User/s" means the Customer or any other person accessing any
the Services provided by WIRUlink.
“WIRUlink” means WIRUlink (Pty) Ltd, with
registration number 2006/011482/07, or any other entity which
WIRUlink (Pty) Ltd may assign, cede or delegate any of their
rights or obligations to.
“WIRUlink Website” means the Internet website
published at the URL “www.wiru.co.za” or another
URL that WIRUlink notifies the Customer of from time to time.
“WIRUlink System" means equipment operated together as a
system by WIRUlink to provide any Service, including without
limitation servers, peripherals, routers, switches, Software,
Databases, cables, generators, and uninterruptible power
"Save 50%" refers to estimated average savings customers get
when comparing what they used to pay with their previous
service provider and what they are paying after moving to
WIRUlink. Because savings are realised over any combination of
multiple invoice line items, including telephone line rentals,
per second telephone call billing, call rates, internet access,
free on-net calling, WIRUlink can not guarantee a 50% saving, a
higher saving, a lower saving or any saving at all.
"Free Installation" - Services with a "Free Installation" may
be limited to specific packages/products, areas, agreement
term, minimum monthly spend and/or other criteria. Contact your
Account Executive or the WIRUlink Accounts team to get written
confirmation that the service you wish to sign up for,
qualifies as a "Free Installation".
WIRUlink will provide the Goods and Services to the Customer as
described in an Application or Service Order in terms of the
signed Service Contract.
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 and
banking details of the Customer, for the purpose of performing
the services in terms of this Service Contract.
WIRUlink reserves the right to refuse to commence provision of
Services based on the Customer’s prior conduct.
An Application, once signed and/or submitted via the WIRUlink
Website and accepted by WIRUlink, together with any additional
accepted WIRUlink Quotation(s), shall become a Service Order.
Each Service Order will form a separate contract between the
Customer and WIRUlink (unless amended or renewed by another
The terms of one Application or Service Order will not apply to
another, unless a Service Order amends or renews an existing
Service Order or adds Goods or Services to an existing
The Customer consents to WIRUlink carrying out a credit and
affordability assessment on the Customer at any applicable
credit bureau, and may make the provision of the Goods or
Services dependent on its satisfaction with the outcome of such
If the Customer is a juristic person or legal entity, WIRUlink
may require one or more of its officers to stand surety for the
Customer’s obligations under this Agreement. Even if the
Agreement has commenced, WIRUlink may withhold to provide the
Services until the surety has been signed.
Depending upon the Service provided, WIRUlink may be obliged
under The Regulation of Interception of Communications and
Provision of Communication-Related Information Act
(“RICA”) to obtain certain information and
documents from the Customer, and WIRUlink may withhold or
suspend providing Services until the Customer has provided the
necessary information and/or documents to WIRUlink.
With the prior written permission of WIRUlink which can be
withheld at any time and for any reason, the Customer may be
entitled to migrate or convert to any other service offered by
WIRUlink from time to time provided that –
any charge levied by WIRUlink in respect thereof has been
all relevant documents required by WIRUlink have been
signed by the Customer indicating acceptance of any terms
and conditions applicable thereto.
If the Customer has not complied with all the requirements set
out in this Agreement, WIRUlink may delay providing the Goods
or Services until the Customer has complied. If the Customer
does not comply within a reasonable period, WIRUlink may
terminate the Service Contract and will not be liable for any
damage that the Customer may suffer as a result.
This Service Contract comes into effect after receipt and
acceptance of this Service Contract by WIRUlink
(“effective date”). In terms hereof WIRUlink shall
provide the Customer with the telecommunications equipment,
internet access, fibre, voice and/or other data services as
agreed upon in exchange for the agreed fees.
Installation date will be confirmed after receipt of all
required documentation and affordability approval (if
applicable). Installation is for a specific address as
specified on the Service Application and is subject to the
on-site technical coverage, signal strength and connectivity
assessment before installation. Should the results of the
assessment prove not to be viable, the installation will be
aborted, the Service Contract will become null and void and no
additional fees will be payable by the client. Billing shall
only commence after successful installation, and is payable
monthly in advance by way of compulsory debit order
instruction, calculated pro-rata from date of installation
completion. 230V AC power supply, sleeve, conduits and ducts
for cables (if applicable) is to be supplied/installed by the
Customer, together with draw wires. Any additional work and/or
equipment not quoted for and required to complete the
installation, will be billed for and shall become due and
payable by the Customer, in full, after installation
WIRUlink may make use of independent third party contractors to
fulfil its duties in terms of this Service Contract.
The Customer must obtain permission from the Landlord, Body
Corporate, Home Owners Association and/or Property Manager
prior to installation, failure by which the Customer will be
liable for site survey, callout and labour fees.
Additional legal documents may also apply to the provision of
WIRUlink Fibre Services and is binding on any subscriber to
Customers and potential Customers must familiarise themselves
with the content of these documents, which are incorporated by
reference into these Terms and Conditions.
This Service Contact constitutes the entire agreement between
With the exception of the notice of amended prices, fees and
costs, no amendment to this Service Contract shall be of force
unless communicated in written notice by WIRUlink to the
The Customer shall not cede their rights or assign their
obligations under this Service Contract unless prior written
notice is given to and accepted by WIRUlink. WIRUlink reserves
the right to cede its rights in terms of this Service Contract
to any third party of its choice, with or without notification
and/or consent by the Customer.
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.
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
It is not intended that any provision of this Service Contract
contravenes any provision of the Consumer Protection Act 68 of
2008 (“CPA”) as amended or the Protection of
Personal Information Act 4 of 2013 (“POPIA”) as
amended. Therefore, all provisions of this Service Contract
must be treated as being qualified, to the extent necessary, to
ensure compliance with the provisions of the CPA and POPIA, if
the CPA and/or POPIA are applicable.
The Customer confirms that all statements made to WIRUlink are
true and correct. WIRUlink reserves the right to request proof
of any facts or claims. The Customer also commits to providing
WIRUlink with necessary information required in the provision
of the selected Services, and (where applicable) consent to the
use or sharing of this information with 3rd (third) parties to
comply with regulatory conditions (such as Domain Registration
Listings) within the guidelines of applicable privacy
WIRUlink reserves the right to request verification of the
identity of the primary account holder. Failure to produce such
verification could result in summary suspension or cancellation
of the product(s) and Services.
The Customer (or the Customer's agent) certifies that the
Customer is above the age of 18 years, has full contractual
capacity and, in the case of an agent, is duly authorised by
the Customer to contract on the Customer’s behalf.
WIRUlink’s website and attached systems, are designed to
facilitate reasonable use of the WIRUlink products and
Services. WIRUlink reserves the right to suspend or terminate
users who are improperly using features of the systems to avoid
billing, shaping, suspension or any other system controls, or
exploit bugs or limitations in the system design to effect
avoidance of system controls or commit crimes. WIRUlink
reserves the right to deem such an activity as "unreasonable
exploitation of the system” and will take appropriate
action based on the circumstances and severity of the
If the Customer engages in behaviour that is a contravention of
the Acceptable Use and Fair Use Policy or may be considered
offensive to WIRUlink or its staff, WIRUlink reserves the right
to suspend or terminate the Customer’s Services,
irrespective of the form and medium of this abuse.
In the event that any of the terms of this document are found
to be invalid, unlawful or unenforceable, such terms will be
severable from the remaining terms, which will continue to be
valid and enforceable.
WIRUlink reserves the right to remove any content hosted by a
Customer which it considers illegal or contrary to the AUFUP.
The Customer should note that, as per ICASA regulations, in
respect of voice services, the Customer may not port their
number to a 3rd (third) party service provider network within
the first 3 (three) months from the first number porting date,
but it can be ported back to the original donor network within
the first 3 (three) months. Approval of number porting
applications, may take up to 15 (fifteen) business days from
date of number porting application date, subject to approval of
the donor service provider.
WIRUlink requires that all rented and/or unpaid equipment be
comprehensively insured by the Customer as set out in the
Insurance of Equipment Policy as published on the WIRUlink
website or available on request. WIRUlink recommends the
installation of power surge and lightning protection by the
Customer for the Customer’s account.
If the equipment is damaged or defective while at the
Customer’s premises or under the Customer’s
control, WIRUlink may replace the damaged equipment and will be
billed for after completion of the work. Where the equipment is
replaceable under warranty, a credit will be passed to the
Customer’s account after assessment by the equipment
All rented equipment including brackets, poles, cables,
routers, switches, equipment, software, connectors and
interfaces remains the property of WIRUlink at all relevant
times and shall be returned in a good and proper working
condition (fair wear and tear excluded) to WIRUlink after
termination of this Service Contract. Should the equipment be
damaged or found not to be in a good and working condition, the
Customer accepts liability for the replacement cost of such
equipment (as set out in the Insurance of Equipment Policy and
published on the WIRUlink website or available on request). All
non-rented equipment remains the property of WIRUlink until
paid for in full.
The Customer warrant and undertake not to allow any third party
charges, liens, pledges or other encumbrances to be created
over any equipment of WIRUlink, or not fully paid for
equipment, or any other property of WIRUlink.
Should the Customer’s account be unpaid by the due date,
WIRUlink will notify the Customer of the same and the Customer
will have 7 (seven) days to pay the account failing which the
services will be suspended. Where WIRUlink has suspended the
services due to non-payment, a reconnection fee of R350.00
(three hundred and fifty Rand) will be levied in order to
reconnect the services.
By accepting this Service Contract, the Customer authorizes and
hereby gives WIRUlink full permission to enter the
Customer’s premises to remove all of the rented and/or
unpaid equipment and materials, at any date and time convenient
to WIRUlink, should the Customer be in breach of this Service
Contract or upon termination hereof. Collection of the rented
and/or unpaid equipment and materials is in addition to any
other rights and remedies WIRUlink has in law.
In addition to this Service Contract, the Customer consent that
WIRUlink has the right to terminate this Service Contract as
set out in the Acceptable Use and Fair Usage Policy, as
published on WIRUlink’s website and is available on
WIRUlink only accepts payment via automatic compulsory Debit
Order for month to month services, and will only accept
alternative payment under specific circumstances and only by
prior arrangement at WIRUlink's discretion.
The Customer’s monthly debit orders of the Fee will be
submitted monthly in advance on or about the first Business Day
of the month.
Once-off amounts, equipment purchased, installation costs,
additional work etcetera, are billed as ad-hoc invoices and is
payable by automatic compulsory debit order, on the ad-hoc
automatic debit order payment date as per the specified date on
WIRUlink will not accept any liability or responsibility for
delays, suspensions or impact to Services due to use of
non-approved payment methods by Customers.
Unpaid Debit Orders or any other irregularity regarding payment
may result in immediate suspension of Services (which may not
be limited to the particular Service in question). WIRUlink
retains the right to suspend any Services for non-payment, and
to withhold such Services until all arrears are settled in full
on any and all products and Services.
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 (as amended), including all costs. WIRUlink
reserves the right to list the defaulting Customer as a
defaulter with credit bureau/s in line with Regulation 19(4) of
the National Credit Act 34 of 2005 (as amended).
WIRUlink may charge an Admin Fee for failed or returned
payments, regardless of method of payment or the reason for
non-payment. Such Admin Fees are payable immediately and in
conjunction with the outstanding fees which resulted in
non-payment. Admin Fees will be calculated on a sliding scale
based on the number of incidents of non-payment on the
Customer's payment record. Non-payment of Admin Fees will be
considered non-payment and will be subject to the same terms.
Once levied, Admin Fees are not recoverable or reversible,
regardless of whether payment is made within the prescribed
If the Customer’s Services are suspended or terminated
for any reason, including non- payment, WIRUlink may charge a
Reconnection Fee for subsequent reactivation of services.
Reconnection Fees are payable in full before any services can
be reactivated, once suspended. WIRUlink may charge multiple
reconnections Fees where multiple products are affected, and
may charge "escalating" penalties for repeated non-payment
offences. Any prior leniency shown in this regard will not
prejudice WIRUlink's right to enforce such penalties in full at
any time (within their discretion).
Reconnection of Services may be subject to a waiting period of
up to 48 hours, at WIRUlink’s discretion, regardless of
when payment is received or cleared. Reconnection is subject to
a reasonable connection fee.
In cases of suspension of Services due to non-payment, WIRUlink
reserves the right to levy both a Reconnection Fees and an
Admin Fee. Any and all penalty fees must be settled in full,
prior to reconnection of affected services.
In the case of billing disputes, the onus is upon the Customer
to raise such disputes in good time to prevent interruption of
services while the billing is in dispute. Reparations will be
made to Customers with successful disputes by means of an
account credit or refund, at WIRUlink’s discretion.
WIRUlink reserves the right to terminate services where a
Customer has shown a repeated disregard for payment terms and
consistently fails to make regular scheduled payments on time
and using approved payment methods. The conditions of
termination will be based on guidelines determined at
WIRUlink’s discretion and may vary. The means and terms
of termination will be determined at WIRUlink’s
discretion. Notice of termination will be provided to the best
of WIRUlink’s ability, but WIRUlink will not be held
liable for claims or requests for further provision of services
once a Customer’s services have been terminated due to
Unless otherwise agreed:
Billing will commence on the date that Service provision
commences. Partial months will be charged pro rata.
Services are billed in advance and all invoices must be
paid by the Customer in advance.
Any Services invoiced in arrears are payable on
presentation of invoice.
All Fees and other amounts payable as per the invoice
Interest will be charged on any amount that remains unpaid by
the Customer beyond the due date of payment:
The interest rate will be 2% (two percent) above the prime
The prime overdraft rate will be as charged by
WIRUlink’s bankers at the time, which will be
evidenced by a certificate issued by any manager of that
bank, whose authority it shall not be necessary to prove.
The interest will be calculated from the due date of
payment to the date of actual payment, both days inclusive,
and will be compounded monthly in arrears. The Customer
agrees and undertakes to pay the interest.
Customers signing up for services as a Primary Contact are
considered as “the Customer” and no other parties
will be permitted access or authority to the Customer Account,
even if they are a 3rd party recipient or affiliate of the
WIRUlink will observe all privacy of information best
practices, in accordance with the applicable laws of South
Africa, including the Protection of Personal Information Act
(POPI) of 2013.
The Customer consents to WIRUlink processing Personal
Information transmitted to the WIRUlink System in a way which
is consistent with the Service being provided. Where the
Customer's use of a Service leads to the transmission of
Personal Information to or from the Republic of South Africa,
the Customer acknowledges that it has a duty to comply with any
relevant statutory provisions dealing with data privacy either
in the Republic of South Africa or in any foreign country to
which the Personal Information is transmitted. The Customer
warrants that it has obtained the consent of any third party
for the use of that party’s Personal Information in this
way, or otherwise that such processing is lawful, and
indemnifies WIRUlink from any claim brought by such third party
as a result of its failure to do so.
The Customer understands that the Customer’s personal
information given to WIRUlink is to be used for the purposes of
assessing affordability and/or 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.
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
The Customer consents that WIRUlink may install its
“connected by” name board on the Customer’s
property or building. This sign will not be larger than
600x400mm and that WIRUlink may display the Customer’s
logo on marketing materials and the WIRUlink website.
WIRUlink may, subject to this Agreement or the AUFUP, suspend
or terminate services of a Customer in its absolute discretion
by providing email notice if:
the Customer commits a serious or repeated breach of the
Agreement or the Customer engages in any conduct which in
WIRUlink’s opinion would have a negative impact on
WIRUlink, other Customers or WIRUlink’s staff or is
detrimental to the welfare, good order or character of
Any part of the Customer’s Fees are not paid in full
when due; or
The information the Customer supplied to WIRUlink is found
to be incorrect or false;
WIRUlink reasonably thinks that the Customer’s use of
the Services may result in the commission of a crime or is
WIRUlink reserves the right to effect such suspension or
termination without notice, depending on the severity of the
breach, but will undertake to inform Customers where possible.
Upon such suspension or termination, such Customers:
Will not be eligible for reimbursement / compensation,
unless at WIRUlink’s discretion;
May be further barred from signing up for any services with
WIRUlink in the future;
May be reported to governing bodies, such as ISPA, for
May be listed with applicable authorities and credit
The period of suspension will be that which is reasonable under
the particular circumstances that gave rise to the suspension.
Should the Customer decide to relocate and/or move their
WIRUlink Installation to a different address/location, the
customer will remain liable for fulfilment of its obligations
as contained in this Service Contract, even if no acceptable
WIRUlink coverage, signal strength or connectivity is available
at the new address/location.
Should a bad connection (as determined by WIRUlink) occur in
future for any reason whatsoever including but not limited to
interference, trees, terrain, the erection of new buildings or
other obstructions, civil road works, community unrest,
electricity supply, etcetera, and where WIRUlink is unable to
find an alternative and adequate signal strength and/or good
connection, WIRUlink shall have the right to cancel this
Service Contract by providing the Customer with 1 (one)
calendar month notice. In such an event, the Customer will only
be held liable for payment of the monthly service and rental
fees up to the last day of such termination date. WIRUlink
shall at its own cost remove all rented and/or unpaid equipment
from the Customers premises at a date and time convenient to
Upon final termination of this Service Contract by the
Customer, WIRUlink shall remove its equipment, at a date and
time convenient to WIRUlink, and the Customer shall be liable
to WIRUlink for payment of R980 (inclusive of VAT). The
Customer should also refer to the Termination Policy available
on WIRUlink’s website for more related information.
The Customer is entitled to cancel this Service Contract within
7 (seven) days after the effective date, with written notice to
WIRUlink, which may or may not accepted by WIRUlink.
WIRUlink will not be liable to the Customer or any third party
in of any and all damages, loss, claims or costs of any nature
including but not limited to direct, indirect, consequential or
special damages suffered by the Customer or any third party
however arising, and WIRUlink will moreover not be liable
whether the loss was the result of an act or omission of a
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 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 termination hereof.
In the event that WIRUlink is nonetheless held liable, the
quantum of WIRUlink’s liability will not exceed the
monthly or pro-rata fees due for the Service that occasioned
the loss, in the preceding three (3) months, regardless of
whether the claim arises out of negligence on the part of
WIRUlink or any other cause.
Use of the services indicates that the Customer indemnifies and
holds WIRUlink harmless in respect of any damages, loss, costs
or claims instituted against WIRUlink arising from any
application or subscription to or the use of any service or
breach of the terms and conditions applicable to it.
These limitations on liability and indemnities apply to the
benefit of WIRUlink and WIRUlink's Affiliates, directors,
officers, employees, contractors, agents and other
representatives, as well as any third parties whose networks
are connected to the WIRUlink System.
Nothing contained in this clause will limit the
Customer’s liability in respect of charges incurred for
Where the Consumer Protection Act 68 of 2008 is applicable to
this Agreement, and any provision of this clause is found by a
court or tribunal with jurisdiction over WIRUlink to be unfair,
unreasonable or unjust, then that provision (whether it be a
word, phrase or sub-clause) will be severed, and the remainder
of this clause will have full force and effect.
In the case of ambiguity, this clause will take precedence over
any expression of the Parties’ intention, whether express
or implied, that may be contained elsewhere in this Agreement.
WIRUlink will be entitled to assume that the Services
provisioned to a Customer is in good working order until such
time as the Customer advises WIRUlink Support of any problems
or service breaks.
Any faults or service interruption should be reported via one
of the channels available on the WIRUlink website.
The provider will attend to faults reported by the Customer
during office hours and the relevant party will apply its
reasonable endeavors to have the Services restored in the
shortest possible time.
If the Provider determines that the reported fault was caused
by the Customer, the Customer shall be liable for payment of
the relevant call-out charge as stipulated by the Provider from
time to time.Some services are governed by WIRUlink’s
Service Level Agreement (“SLA”) as published on
WIRUlink’s website and/or available on request.
WIRUlink accepts no responsibility for connectivity, network
and/or Customer downtime problems, or any losses or damages
associated thereto, or any “line-of-sight” or
“external factors” that could affect the quality of
the service after completion of installation.
All post installation technical problems must be reported to
WIRUlink’s technical help desk as per the Fault Reporting
and Escalation Procedure published on WIRUlink’s website
and/or available on request.
Installation, service or billing problems may not be voiced on
any public platform (including social media) if the above
procedure have not been followed and WIRUlink have not been
given acceptable time to rectify problems on a non-public
This Agreement forms the basis of the agreement between the
parties, and should be read together with the service
application and all documents and/or terms and conditions
referred to therein. Only a written variation, waiver or
cancellation agreed to by both parties will be of any effect.
The laws of the Republic of South Africa will apply to this
Agreement, its interpretation and any matter or litigation
relating to or arising from it, and the parties consent to the
jurisdiction of the courts of Republic of South Africa in this
For the avoidance of doubt, any provision of this Agreement
that anticipates any right or duty extending beyond the
termination or expiry of this Agreement will survive the
termination or expiry of this Agreement and continue in full
force and effect.
The signatories acting in representative capacities warrant
that they are authorised to act in such capacities, and accept
personal liability under this Agreement should they prove not
to be so authorised.
If a provision of this Agreement is reasonably capable of an
interpretation which would make that provision valid and
enforceable and an alternative interpretation that would make
it void, illegal, invalid or otherwise unenforceable, then that
provision shall be interpreted, so far as is possible, to be
limited and read down to the extent necessary to make it valid
In the event that any part of this Agreement is found to be
partially or fully unenforceable because it does not comply
with any law, or for any other reason, this will not affect the
application or enforceability of the remainder of this
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.
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.
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.
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.
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.
The Surety accepts that the authorized representative of the
Customer to any Schedule or other documentation in terms of
this Service Contractt shall bind the Customer in respect of
the relevant transaction.
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.
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
The Surety hereby chooses its domicilium citandi et executandi
(domicile address) for all purposes at the address of the
Abbreviated name as registered with bank: WIRULINK
“Debit Amount” refers to Invoice amount and/or
outstanding account balance.
“Commencement Date” is the same as Effective Date.
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 above mentioned 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.
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.
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.
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.
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.
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.