Customer Terms and Conditions
1. ACCEPTANCE OF TERMS
Thank you for choosing Infinity Connect (Pty) Limited to provide you with the services (“the Services”)and/or products (“the Products”) for the minimum initial period (“Initial Period”) and other items you have requested in on the subscriber form to which these terms are attached, for the fees and charges (“Charges”). As the Subscriber, you agree that these standard terms and conditions shall apply to the provision of such Products and/or Services.
2. PROVISION OF SERVICES, FAIR USAGE POLICY AND ACCEPTABLE USE POLICY
Provision Of Services
Infinity Connect will utilize all undertakings to make the Services accessible at the earliest opportunity at the same time, where the Services, or any part thereof, are given straightforwardly or by implication by an outsider system or specialist organization, at that point such Services or your association/get to thereto might be postponed, hindered or reduced for reasons outside our ability to control. You concur that we are not at risk for such postponement, interference or reduction.
Acceptable Use Policy
This policy describes what you cannot do with our services. If you breach the policy or help others to do so, we may suspend or terminate your use of the services.
In this policy the following words have the following meanings: - policy means this acceptable use policy; - services means any of our services offered by us through a website; - website means any of our websites; - system means any network, computer or communications system, software application, or network or computing device;
2. Changes to the policy
We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
You are responsible for your conduct, profile, and content on the website.
4. No illegal, harmful, or offensive use or content
You may not use the services or website for any illegal, harmful, or offensive activities, or to distribute content that is illegal, offensive, or
harmful. Prohibited use and content includes:
- Illegal use or content that is prohibited by law – like child pornography, pirated content, or content that otherwise infringes someone else’s rights;
- Harmful use or content that could cause harm to someone – like defamatory comments, fraudulent claims, or untrue statements;
- Offensive use or content that could reasonably offend someone – like pornography, obscenities, or prejudicial or discriminatory statements.
5. No security breaches
You may not use the services to breach the security or integrity of any system.
6. No network abuse
You may not make network connections to any users, hosts, services, or networks unless you have permission to communicate with them.
7. No e-mail or other message abuse
You will not publish, send, or facilitate the sending of unsolicited mass e-mail, SMS’s or other messages. You will not collect replies to messages sent from another Internet service provider if those messages breach this policy or the acceptable use policy of that provider or if you are not the intended recipient of those messages.
8. Monitoring and enforcement
We reserve the right to investigate any violation of this policy or potential misuse of the services or website. We may remove or modify any content that violates this policy or any other agreement we have with you for use of the services or the website. We may report any activity that we suspect breaks any law to appropriate law enforcement officials or other appropriate third parties. We also may cooperate with law enforcement authorities, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.
9. Reporting of breaches of this policy
If you become aware of any violation of this policy, you must immediately notify us and provide us with assistance, as requested, to stop or remedy the breach. To report any violation of this policy, please contact us and ask for our abuse reporting process.
The Acceptable Use Policies (AUP) of each system on which your product operates shapes some portion of the legally binding connection among you and Infinity Connect. Disregarding any pertinent AUP comprises a break of agreement and an encroachment of the privileges of Infinity Connect.
Should Infinity Connect for any reason on sell the customer's product form another operator the customer will be obliged to stick to the AUP of that system.
Where there is a sensible doubt of a genuine rupture of the AUP, or the law is required, we won't falter too, all of a sudden or notice, suspend any record associated with you. The privilege to suspend any record for an associated infringement with the AUP is reached out to any upstream suppliers and channel accomplices.
Illicitness in any shape, including yet not constrained to exercises, for example, unapproved appropriation or replicating of copyrighted material, infringement of fare confinements, badgering, extortion, trafficking in revolting material, youngster sexual maltreatment symbolism, tranquilize managing, and other unlawful exercises. Infinity Connect administrations and servers might be utilized just for legitimate purposes. Transmission, circulation or capacity of any material disregarding any pertinent law or direction is denied. This incorporates, without restriction, material ensured by copyright, trademark, competitive advantage or other protected innovation right utilized without legal approval, and content that is revolting, defamatory, establish a lawful danger, or damages send out control laws. Models of unsatisfactory substance or connections: "Pilfered programming", "Programmers projects or files", "Warez Sites", "Irc Bots", "Illicit Mp3's" and so forth. Because of the idea of a mutual web facilitating condition, Infinity Connect maintains whatever authority is needed to request that clients redesign or rectify issues relating to overhaul their common web facilitating bundle, or to adjust the problems on their mutual web facilitating bundle, should it unfavorably influence the system or server execution for the dominant part of our facilitating clients. The Infinity Connect shared web facilitating stage is expected for facilitating a site with applicable substance and capacity for an individual or little household venture without the worry of activity overages. The utilization of the administration ought not to be characteristic for vast scale endeavors or applications where a devoted server would be more suited. Collection of any sort is entirely prohibited when utilizing any "home" characterized benefit, "home" administrations are proposed for people inside a solitary abiding. Infinity Connect restricts the utilization of the interactive web hosting administration plate space to be used for purposes other than its expected capacity: content facilitating, individual and little venture email and important web documents. The utilization of shared or devoted facilitating administrations for facilitating deluge boxes and additionally running intermediaries is entirely disallowed. Servers continually running the danger of supporting these kinds of administrations will be impaired and dropped from our system. Posting of defamatory, shameful, brutal or private data about a man without their consent, deliberately incurring enthusiastic pain, or abusing trademarks, copyrights, or other protected innovation rights. Any poor utilization of the administrations establishes a material rupture of these Terms and Conditions of Use and Infinity Connect completely and entirely holds its rights in such manner.Threats to Network Security
Any movement, which debilitates the working, security or potentially respectability of the supplier's system is unsuitable.
Any endeavors to endeavor to increase unlawful and unapproved access to the system or dodge any of the safety efforts set up by the supplier for this goal;
Any exertion to utilize the supplier gear to go around the client validation or security of any host, system or record ("splitting" or "hacking");
Forging of any TCP-IP bundle header (caricaturing) or any piece of the header data in an email or a newsgroup posting;
Any exertion to break or endeavor to rupture the security of another client or endeavor to access some other individual's PC, programming, or information without the learning and assent of such person;
Any movement which debilitates to upset the administration offered by the supplier through "refusal of administration assaults"; flooding of a system, or over-burdening an administration or any unapproved tests ("examining" or "nuking") of others' networks;
Any movement which in any capacity debilitates the security of the system by purposely posting, transmitting, connecting to or generally disseminating any data or programming which contains an infection; Trojan steed; worm, bolt, mail bomb, cancelbot or other unsafe, dangerous or problematic component.
Any unapproved observing of information or movement on the system without the supplier's unequivocal, composed consent.
Any spontaneous mass mailing action including direct promoting; spam and junk letters for business or different purposes, without the assent of the beneficiaries of those mails.
The supplier denies clients from utilizing the supplier's administration to mischief or endeavor to hurt a minor, including, however not constrained to, by facilitating, having, spreading, disseminating or transmitting material that is unlawful, including child pornography.Uncapped services and Fair Usage Policy
Infinity Connect reserves the right to protect the integrity of our network by means of a "FUP". To provide the best possible internet experience for all our uncapped internet users we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to maintaining our network in a way that allows us to provide all users with the best experience possible, however, we cannot guarantee that the allocated capacity will always be available. Uncapped Fair Usage Policy To guarantee the quality and accessibility of our Internet administrations, Infinity Connect has a modern strategy for guaranteeing reasonable use on all uncapped Internet items. Where a client's conduct is resolved to influence the client experience of different clients on Infinity Connect's system, we will execute the nessiacry measures to protect our network. Client conduct which may cause an Internet administration to be throttled incorporates utilizing data transfer capacity serious conventions, for example, shared or performing unattended downloads of huge documents. Throttling may likewise happen when a client downloads at close to 100% of the line limit with respect to around 60 minutes. The throttling is then naturally expelled after the unnecessary utilization has ceased for a comparable timeframe. In case of such client conduct being identified, Infinity Connect claims all authority to end the record of a client whose use is persistently influencing Infinity Connect's system. It is the duty of the client to guarantee they have the fitting bundle for their sort of utilization.
3. CONTRACT TERM AND TERMINATION
This agreement shall commence on the date on which Infinity Connect activates the service, such activation being at our sole discretion, and shall endure for the period as stipulated on the subscriber form (“initial period”) and thereafter indefinitely until terminated by either party by giving the other party one calendar month’s written notice of termination or as otherwise agreed in writing by the parties. Such notice of termination shall be effective from the first day of the next calendar month.
If the Services and/or our agreement with you for the Services and/or Products is terminated for whatever reason before the end of the Initial Period, you agree to pay us the sum of inter alia the monthly subscription or access Charges payable for the rest of the Initial Period.
4. CHARGES AND PAYMENT TERMS
You agree that the service provider’s records constitute ostensible proof of your use of the Services and/or Products.
You the customer is responsible for and agrees to pay to Infinity Connect all Once Off Costs and Monthly Costs specified in the Cost Schedule in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
Our monthly invoice shall be prima facie proof of the amounts owed by you for the Services and/or Products and delivered monthly in advance and payable 7 days after the invoice was provided.
The addresses on the subscriber form shall be the chosen domicilium citandi et executandi for all purposes under this agreement.
Invoices will be emailed to the Customer’s designated email address (for billing purposes) indicated in the Application Form unless the Customer gives its written request for delivery of invoices by means other than email, or that the email address (for billing purposes) has been changed.
You agree to settle any charge invoiced to your account promptly and on the due date, unless otherwise agreed, and will present any queries relating to your invoice to email@example.com no later than 7 days after the date the invoice is issued
Any amount falling due for payment by Customer to Infinity Connect in terms of or pursuant to this Agreement which is not paid on its due date shall bear interest calculated from the due date for payment thereof until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%) charged by Infinity Connect.
Infinity Connect charges for service in advance and not in arrears. While a service may be provisioned and available to you before you receive an invoice such provisioning does not constitute a line of credit upon which future payment may be made in arrears.
It is agreed that in any instance where Infinity Connect provides immediate access to a service for which the invoice is issued, such invoice shall be due and payable immediately but a three day period shall be allowed as an agreed date of payment.
Debit order or any other automated processing arrangement with Infinity Connect then the date upon which such arrangement is scheduled for payment shall be the date agreed upon on which the account must be paid.
The subscription of any order or processing arrangement involving any third parties shall not indemnify you against responsibility to pay Infinity Connect in the event that such arrangement does not constitute settlement of your invoice in full.
Non-payment, or short payment of any invoice on the due date, or such other date as agreed, of that invoice, constitutes a breach of this agreement. Nothing in this agreement shall be read to preclude Infinity Connect’s right to tempore morae interest under the common law.
It is agreed that the nature of an Internet service precludes any reasonable expectation of full uptime and full speeds, and Infinity Connect shall not be obliged to effect any refund or pass any credit note in respect of any period during which a service is not available or is degraded in any way.
It is agreed that any billing error resulting in an overcharge or overpayment will result in the passing of a credit note (which shall include any interest charged by Infinity Connect in error) to any outstanding invoice. If there are no outstanding invoices such credit note will be passed on the next invoice issued. Refunds shall only be made in the event that the amount of the credit note would exceed the amount of anticipated future invoices arising in the sixty days after the passing of the arising of credit note. Any refund of monies by Infinity Connect shall be paid by means of an electronic payment into a banking account designated by you.
It is agreed notwithstanding the existence of a dispute resolution process that Infinity Connect may cede, collect and enforce through any competent court any amount owing to Infinity Connect on an attorney own client scale.
It is agreed that in the event that your DSL circuit operates at a higher speed than the service for which you have applied that we may charge you the amount due in respect of the higher speed.
Ordinarily invoices shall be issued on the 24th day of the month and be due for payment and full settlement 7 days there after, however circumstances may arise that cause invoices to be issued on a different day from time to time . In the month of December invoices may be issued early with payment due before the 16th of December.
It is agreed that if you are being provided with a discount of any nature for any product(s) provided by Infinity Connect or any Infinity Connect affiliates, and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, and where such balance is not the subject of a legitimate dispute as per the rights afforded to you in this agreement, that all discounts applicable to your billing relationship with Infinity Connect shall be terminated from the date upon which the outstanding balance initially became due.
All non-contractually assured discounts offered or applied by Infinity Connect remain within Infinity Connect's sole reasonable discretion , and may be amended or terminated.
4.2 ADDITIONAL SERVICES
In the event of any “bolt on services” (additional services) being requested by you, whether on the subscriber form or at a later stage, the supply of such bolt on services will be subject to these terms and conditions as well as additional terms (if applicable), at an additional charge to you.
Delivery of all Products will be dependent upon stock availability and other factors. Upon delivery to you, all risk in and to the Products will pass to you. You agree to comply with the manufacturer’s instructions and all licensing terms where software is supplied for use with the Products and all other use
In the case of Telecommunication or ISP services, these are supplied to you subject to the terms and conditions of a ECS and ECNS license as issued by the Independent Communications Authority of South Africa (ICASA). The services supplied under this agreement will be subject to any changes to the terms and conditions of the license.
All of our Products and services supplied to you are warranted in accordance with industry Norms against defective workmanship and components, but the terms of our warranty are subject to the manufacturer’s and/or supplier’s terms of warranty as to duration, “OTB failures”, returns and handling procedures and any Charges. To the extent such warranty terms do not accompany the Product packaging then, upon request, we will provide you with specific applicable terms. The terms of such warranty will prevail over all other warranties and guarantees.
If we should loan any Product to you or if we are providing any products bundled with a service on a monthly rental basis then you bear all risk of theft, loss, damage or destruction.
8. INTELLECTUAL PROPERTY
You agree that we retain all rights in and to any methodologies and all other know-how that we possess or that are created when providing our Services.
9. CONSEQUENTIAL LOSS
You agree that, unless your losses arise from our fraudulent conduct, we will not be liable for any consequential losses of whatsoever nature and however arising. In any event, the maximum extent of our liability to you will be equal to the amount you have paid to us for the Services under this agreement for the past three months.
10. CESSION AND ASSIGNMENT
We may assign our rights and obligations to another service provider if we are satisfied it will continue to render the Services to you in a manner that is in keeping with our standards.
If our authority to procure the Services for you from third party service providers is terminated for whatever reason, we may assign this agreement to a third party; alternatively, to suspend or cancel the provision of the Services or this agreement. You will not be liable for payments in respect of suspended Services in such circumstances.
11. WHOLE AGREEMENT
For certainty, these terms, including those in our subscriber form, comprise the whole agreement between us and supersede and prevail over all prior agreements and arrangements between us relating to the provision of the Services and/or the Products and no other provisions shall apply unless specifically agreed to in writing by us.
The Parties shall treat as strictly confidential all information received, obtained or acquired in any manner whatsoever, as a result of entering into or performing in terms of this Agreement
which relates to:
* the provisions of this Agreement;
* the negotiations relating to this Agreement;
* the subject matter of this Agreement;
* the other Party.
- Any Party may disclose information which would otherwise be confidential if and to the extent that it is:
* required by law;
* required by any securities exchange or regulatory or governmental body to which any of the Parties are subject, wherever situated, whether or not the requirement for information has the force of law;
* required to do so in order to comply with any of its obligations under this Agreement;
* disclosed to the professional advisers, auditors and bankers of any of the Parties;
* information that has come into the public domain through no fault of that Party; or
* approved by the Party to whom such information relates and who has given written approval to the disclosure.
13. DISPUTE RESOLUTION AND ARBITRATION
If any dispute arises out of or in connection with this Agreement, its termination or cancellation or the subject matter thereof, including claims in delict or for rectification of the Agreement, a Party may declare that a dispute exists by notice in writing to the other Party.
Within 10 (ten) days of receipt of a notice, the parties or their duly authorised representatives must try to meet and:
resolve the dispute;
agree a process for resolving the dispute (including mediation or alternative dispute resolution);or
agree to refer the matter to arbitration in terms of the provisions of this clause.
If the Parties or their duly authorised representatives do not meet or do not deal with the dispute as provided for in clause, the dispute will be deemed to have been referred to arbitration by the Parties and it shall be finally resolved in accordance with the Rules of the Arbitration
Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA, subject thereto that the Parties shall have the rights of appeal provided for in the rules of AFSA. Should AFSA not be in existence at the time, the nomination shall be made by the President for the time-being of the Law Society of the Northern Provinces.
Any arbitration provided for in this Agreement shall be held at Johannesburg and shall be conducted according to the rules of AFSA, unless the Parties shall otherwise have agreed in writing. Should AFSA not be in existence, the arbitration shall be conducted in accordance with the formalities and
procedures determined by the arbitrator to achieve an arbitration which shall be informal and conducted on a summary basis on the procedure set out in the Rules of AFSA as published in their ultimate form. It is the agreement of the Parties that it shall not be necessary to observe or carry out the usual formalities or procedure or the strict rules of evidence normally followed in judicial proceedings of an adversarial nature. Save for the aforesaid, the arbitration shall be subject to the Arbitration Act, 1965.
The Party in whose favour an arbitration ruling is made shall be entitled to a reimbursement of such Party’s reasonable travel, accommodation and similar reasonable expenses (“the
expenses”) incurred by such Party in attending such arbitration, provided, however, that the arbitrator has made a ruling in terms of which the expenses are awarded to such Party.
You agree to comply with any notice, directive or policy that governs and/or restricts the use of the Services and/or Products that apply to all Subscribers/users of the Services/Products
15. CREDIT LIMIT AND DEPOSIT
We shall be entitled to determine a credit limit applicable to you from time to time and to suspend the Services should you exceed such credit limit. However, despite such credit limit being placed on your account, you will be liable for payment if you exceed this limit.
Infinity Connect may, at its sole and absolute discretion, request a Services deposit equal to one month of the estimated monthly services cost.
Should the subscriber reach their credit limit or their usage exceeds the Service Deposit, they may top-up their account using the self-care billing portal provided by Infinity Connect.
Should a Party (“the defaulting Party”) commit a breach of any of the provisions of this Agreement, then the other Party (“the aggrieved Party”) shall, if such aggrieved Party wishes to enforce its rights hereunder, be obliged to give the defaulting Party 7 (seven) days written notice to remedy the breach. If the defaulting Party fails to comply with such notice, the aggrieved Party shall be entitled to cancel this Agreement against the defaulting Party and/or to claim immediate payment and/or performance by the defaulting Party of all of the defaulting Party's obligations in respect of which it is in breach of this
Agreement in either event without prejudice to the aggrieved Party’s rights to claim damages. The aforegoing is without prejudice to such other rights as the aggrieved Party may have at law; provided always that, notwithstanding anything to the contrary contained in this Agreement, the aggrieved Party shall not be entitled to cancel this Agreement for any breach by the defaulting Party unless such breach is a material breach going to the root of this Agreement and is incapable of being remedied by a payment in money, or if it is capable of being remedied by a payment in money, the defaulting Party fails to pay the amount concerned within 7 (seven) days after such amount has been finally determined and payment thereof by the defaulting Party has been demanded in writing by the aggrieved Party.
17. JURISDICTION AND GOVERNING LAW
Subject to the provisions of clause 17 above, this Agreement and any matter arising from it shall be subject to the jurisdiction of the South Gauteng High Court.
For the purposes of clause 17 above the Parties herewith submit to the jurisdiction of the court referred to in this clause 21 and appoint as their domicilia for those purposes their respective addresses as set out in the services application form.
This Agreement shall be subject to and shall be governed by the laws of South Africa.
You agree that an electronically scanned and stored version of this document shall constitute sufficient evidence of its content and signature by you and us.
If the Subscriber is a corporate entity or trust, then the signatory hereto who signs on behalf of the Subscriber ("the signatory") warrants that he is duly authorised to enter into this contract on behalf of the Subscriber and to sign the debit authorisation, if applicable, on the Subscriber’s bank account.
By his signature hereto the signatory hereby binds himself as surety and co-principal debtor on behalf of the Subscriber unto and in favour of us for the due and punctual fulfilment of all of the Subscriber’s obligations to us arising out of this agreement, including the payment of all Charges and liquidated damages.
During the currency of this Agreement and for a period of 2 (two) years following its termination, neither Party shall solicit any employee of the other Party for the purposes of offering employment to such employee.
These promotions are subject to specific marketing customers and will be valid until further notice.
Infinity Connect tariff plans provide subscribers with the following inclusive benefits;
20.1 Unlimited and unshaped fibre;
20.2 A free Wi-Fi Router valued at R 699, subsidised by Infinity Connect, subject to a pro-rated claw back*;
20.3 Free installation starting from R 1,710.00. Please note that this value will vary depending on the fibre network build and will be subsidised by Infinity Connect, subject to a pro-rated claw back*; (Free installation is limited to the standard Installation provided by the fibre network operator. Any additional installation requirements outside of the standard Installation will be for the customer’s account);
20.4 Free connection fee starting from R 999. Please note that this value will vary depending on the fibre network operator and will be subsidised by Infinity Connect, subject to a pro-rated claw back*;
20.5 FREE personalised device set-up;
*A 12 month pro-rated clawback in the event of an early cancellation of the contract, i.e. the customer will be liable for the outstanding pro-rata amount of the installation, connection or Wi-Fi router (as applicable) should they cancel the contract within the first 12 month period from the service activation date