Legal Stuff

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

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.

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.

The Customer will remain liable to Infinity Connect for any amount owed in terms of the Service Agreement up to the date of the actual cancellation thereof;

Infinity Connect may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term.


Subsection 4(four) refers to the regulations, which state: A reasonable charge as contemplated in section 14(4)(c) of the CPA may not exceed a reasonable amount, taking into account:


• The amount which the customer is still liable for to the Infinity Connect up to the date of cancellation

• The value of the transaction up to cancellation;

• The value of the goods which will remain in the possession of the consumer after cancellation;

• The value of the goods that are returned to the supplier;

• The duration of the consumer agreement as initially agreed;

• Losses suffered or benefits accrued by consumer as a result of the consumer entering into the consumer agreement;

• The nature of the goods or services that were reserved or booked;

• The length of notice of cancellation provided by the consumer;

• The reasonable potential for the service provider, acting diligently, to find an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and

• The general practice of the relevant industry.


Notwithstanding sub-regulation (2) above, Infinity Connect will not charge a charge which would have the effect of negating the customer’s right to cancel a fixed-term consumer agreement as afforded to the consumer by the Act.


Subscription fees include the devices costs, financing cost of the equipment and other costs invested in providing the service to the customer. Other costs may include licensing fees to host subscribers on the network, provisioning and de-provisioning costs, installation and removal cost, any outstanding amount and costs to service subscribers such as call centre support.

Currently, until the CPA set out as to what is reasonable, Infinity Connect shall calculate a reasonable cancellation fee as being the total monthly cost of the services and/or equipment rental, multiplied with the remaining period left on the contract, less 10% (ten percent) early settlement discount.

Infinity Connect however, will not merely construe the aforesaid as a predetermined set penalty but will treat each case on its merits.

Where applicable, if Infinity Connect and the Customer agreed to a sliding scale in respect of a permitted penalty charge that relates to the period of the contract and the point at which it is cancelled, such cancellation fee shall apply.

SECTION B

Section B is applicable to both individuals and Legal Entities

In the event of termination, Infinity Connect shall remove its equipment (rented and not fully paid for) from the premises of the Customer and the Customer shall be liable to Infinity Connect for a labour fee amounting to R1092.50 (In VAT).

4. CHARGES AND PAYMENT TERMS

4.1 INVOICING, PENALTIES AND SUSPENSION OR TERMINCATION OF SERVICES

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 accounts@infinityconnect.co.za 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.

Infinity Connect will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Customers.

Infinity Connect 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 period.

If the Customer’s Services are suspended or terminated for any reason, including non- payment, Infinity Connect may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Infinity Connect 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 Infinity Connects'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 Infinity Connect’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, Infinity Connect 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 Infinity Connect’s discretion.

Infinity Connect 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 Infinity Connect’s discretion and may vary. The means and terms of termination will be determined at Infinity Connect’s discretion. Notice of termination will be provided to the best of Infinity Connect’s ability, but Infinity Connect will not be held liable for claims or requests for further provision of services once a Customer’s services have been terminated due to non-payment.

4.2 Suspension or Terminations of Service

Infinity Connect may, subject to this Agreement or the AUFUP, suspend or terminate services of a Customer in its absolute discretion by providing email notice if:

1. the Customer commits a serious or repeated breach of the Agreement or the Customer engages in any conduct which in Infinity Connect’s opinion would have a negative impact on Infinity Connect, other Customers or Infinity Connect’s staff or is detrimental to the welfare, good order or character of Infinity Connect; or


2. Any part of the Customer’s Fees are not paid in full when due; or


3. The information the Customer supplied to Infinity Connect is found to be incorrect or false;


4. Infinity Connect reasonably thinks that the Customer’s use of the Services may result in the commission of a crime or is otherwise unlawful.


Infinity Connect 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:



1. Will not be eligible for reimbursement / compensation, unless at Infinity Connect’s discretion;

2. May be further barred from signing up for any services with Infinity Connect in the future;

3. May be reported to governing bodies, such as ISPA, for listing purposes;

4. May be listed with applicable authorities and credit bureaus.



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 Infinity Connect 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 Infinity Connect coverage, signal strength or connectivity is available at the new address/location.

Should a bad connection (as determined by Infinity Connect) 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 Infinity Connect is unable to find an alternative and adequate signal strength and/or good connection, Infinity Connect 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. Infinity Connect shall at its own cost remove all rented and/or unpaid equipment from the Customers premises at a date and time convenient to Infinity Connect.

Upon final termination of this Service Contract by the Customer, Infinity Connect shall remove its equipment, at a date and time convenient to Infinity Connect, and the Customer shall be liable to Infinity Connect for payment of R980 (inclusive of VAT). The Customer should also refer to the Termination Policy available on Infinity Connects’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 Infinity Connect, which may or may not accepted by Infinity Connect.

4.3 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.

5. DELIVERY

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

restrictions.

6. REGULATORY

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.

7. WARRANTY

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.

12. CONFIDENTIALITY

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.

14. NOTICES

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

All requests by the Customer for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via accounts@infinityconnect.co.za and Infinity Connect reserves the right to ignore any such request made in any other manner.

The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):

In the case of Infinity Connect: info@infinityconnect.co.za, 3 Gerrit maritz Ave, Monument, Krugersdorp. And

in the case of the Customer, the addresses set out in the most recent Service Contract agreed to between the Parties.

Either Party may vary its domicilium address or other contact details by notifying the other Party in writing.

Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another ("the addressee") which:

is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or

is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee;

any notice that Infinity Connect sends by email to an email account hosted on the Infinity Connect System by the Customer will be deemed to have been received by the Customer on the date of transmission; and

if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.

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.

16. BREACH

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.

18. GENERAL

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.

19. NON-SOLICITATION

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.

20. Limitation of Liability and Indemnity

Infinity Connect 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 Infinity Connect will moreover not be liable whether the loss was the result of an act or omission of a Infinity Connect employee.

To the extent permitted by law, Infinity Connect 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 Infinity Connect is nonetheless held liable, the quantum of Infinity Connect’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 Infinity Connect or any other cause.

Use of the services indicates that the Customer indemnifies and holds Infinity Connect harmless in respect of any damages, loss, costs or claims instituted against Infinity Connect 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 Infinity Connect and Infinity Connect's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Infinity Connect System.

Nothing contained in this clause will limit the Customer’s liability in respect of charges incurred for ongoing Services.

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 Infinity Connect 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.

21. Line Faults and Repairs

Infinity Connect will be entitled to assume that the Services provisioned to a Customer is in good working order until such time as the Customer advises Infinity Connect Support of any problems or service breaks.

Any faults or service interruption should be reported via one of the channels available on the Infinity Connect 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 Infinity Connect’s Service Level Agreement (“SLA”) as published on Infinity Connect’s website and/or available on request.

Infinity Connect 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 Infinity Connects’s technical help desk as per the Fault Reporting and Escalation Procedure published on Infinity Connect’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 Infinity Connect have not been given acceptable time to rectify problems on a non-public platform.

22. Interpretation & General

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 regard.

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 and enforceable.

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 Agreement.

1. FAIR USAGE POLICY AND ACCEPTABLE USE POLICY

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.

1. Definitions

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.

3. Responsibility

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.

Unacceptable Use

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.
This includes:

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.

1. INTRODUCTION

Infinity Connect (Pty) Ltd (“Infinity Connect”) is licensed by the Independent Communications Authority of South Africa (ICASA).

ICASA requires that all licence-holders comply with, inter alia, the:

ICASA Code of Conduct Regulations 2008, which sets out minimum standards of conduct when providing services to subscribers or dealing with potential subscribers; and

ICASA End-user and Subscriber Service Charter Regulations 2009, which sets out minimum quality of service standards applicable to services provided to subscribers and potential subscribers.

Infinity Connect has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its dealings with Consumers.

The ICASA Code of Conduct Regulations 2008 is available at Code of Conduct Regulations 2007

The ICASA End-user and Subscriber Service Charter Regulations is available at EUSSC-Regulations-2016

COMMITMENTS

Infinity Connect makes the following key commitments and will endeavour to:

Act in a fair, reasonable and responsible manner in all dealings with Customers;

Ensure that all its services and products meet the specifications as contained in Infinity Connect’s licences and all the relevant laws and regulations;

Not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation;

Display utmost courtesy and care when dealing with Customers;

Provide Customers with information regarding services and pricing;

Where requested to do so provide Customers with guidance with regard to their service needs; and

Keep the information of Customers confidential unless Infinity Connect is:

Otherwise authorised or required by law or order of Court;

In possession of written authorisation from the Customer to do so; and/or

Required to release such information for the purpose of briefing Infinity Connect’s auditors or professional advisors or an accredited debt collection agency.

Subscribers and potential subscribers have the right to refer Complaints to ICASA as more fully set out below.

2. CONSUMER RIGHTS

The ICASA Code of Conduct Regulations 2008 stipulate the following list of rights by subscribers and potential subscribers:

A right to be provided with the required service without unfair discrimination;

A right to choose the service provider of your choice;

A right to receive information in your preferred language (Infinity Connect will do its best to meet this request where reasonable);

A right to access and question records held by Infinity Connect and which relate to the Customer’s relationship with Infinity Connect;

A right to the protection of the Customer’s personal data, including the right not to have personal data sold to third parties without the Customer’s permission;

A right to port a number in terms of applicable regulations;

A right to lodge a complaint; and

A right to redress.

AVAILABILITY OF INFORMATION

The following information can be obtained from the Infinity Connect by email request to info@infinityconnect.co.za, and is available for inspection by prior arrangement at Infinity Connect’s offices during Business Hours:

Infinity Connect’s range of services / products on offer;

Tariff rates applicable to each service offered;

Terms and conditions applicable to such services / products;

Payment terms;

Billing, billing processes and the Billing Disputes Handling Procedure;

Complaints Handling Procedure, and

Relevant contact details.

3. BILLING

Infinity Connect will provide Customer with an itemised bill or invoice on request or where this is specified as part of the services provided to the Customer.

Billing terms are also set out on Infinity Connect’s invoices.

VETTING OF APPLICATIONS AND USE OF CREDIT REGISTERED BUREAUX

Infinity Connect reserves the right to subject any application for services and/or products, including variations to existing services and/or products, to credit referencing and analysis by registered credit bureaux, and the Customer consents to the use of all information supplied for this purpose and for the purpose of compliance with the National Credit Act 34 of 2005.

WRITTEN TERMS AND CONDITIONS OF SERVICE

Infinity Connect will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms and conditions will be provided to the Customer within seven (7) Business Days.

Should Infinity Connect affect changes to the terms and conditions of its service, Infinity Connect will inform the Customer of such changes within a fair and reasonable period.

MINIMUM STANDARDS FOR THE SERVICES OFFERED BY Infinity Connect

Infinity Connect, subject to events and conduct beyond its reasonable control, will:

provide a minimum of 95% network service availability measured over six (6) months;

provide a minimum of 95% service availability measured over six (6) months;

attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days, while meeting the balance of requests within forty (40) Business Days;

provide full reasons to the Customer where Infinity Connect is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same;

attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service while meeting the balance of requests within fifteen (15) Business Days;

provide full reasons to the Customer where Infinity Connect is not able to meet a request for activation within these time periods within seven (7) Business Days of receipt of request for same;

maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault;

respond within three (3) minutes (averaged over six months) to any call directed to Infinity Connect;

monitor its network 24/7/365.

Customers acknowledge that Infinity Connect is might be dependent on network and other services as provided by third parties in providing the services and meeting the standards set out above, and that Infinity Connect cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

MISCELLANEOUS

Any queries relating to this Code of Conduct should be sent to info@Infinityconnect.co.za This Code of Conduct forms part of the Terms and Conditions applicable to the use of Infinity Connect’s services and products and is incorporated therein.

Infinity Connect Warranty Terms and Conditions

1. Warranty for Defective Equipment

1.1 All equipment carries a 12 month on-site warranty from date of installation/delivery, unless specified otherwise on quotations or elsewhere. The warranty will be void should any equipment get damaged due to power surges, black outs or lightning and any non-warranty related causes not specifically mentioned.

2. What does “defective” mean?

2.1 What does “Defective” mean? A defect means any material imperfection in the manufacturing of the equipment that renders the equipment less acceptable than the reasonable man would generally expect in the circumstances; or (ii) any characteristic of the equipment or components that renders the equipment or components less useful, practicable or safe than the reasonable man would generally expect in the circumstances. The equipment must be reasonably suitable for the purposes for which they are generally intended; of good quality, in good working order and free of any defects; be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993 as amended), or any other public regulation.

3. Month Warranty

2.1 All equipment carries a 12 (twelve) month warranty against defects. If the equipment is found to be defective within 12 (twelve) months of delivery, the Customer must contact Infinity Connect. The Customer will need to provide the following –

• Customer Name
• Contact and/or Account Number
• Date of purchase (Customers may be required to produce a copy of the invoice as proof of purchase)
• Description and/or Part Number
• Problem Description
• Serial number/MAC Address of each unit
• Troubleshooting actions taken so far
• Units returned must be either unlocked from all passwords or the full access password must be provided
• Equipment must be in its original packaging and must be accompanied by all accessories provided with it and manuals must be intact.

All items must be returned in an “as new” condition. Infinity Connect will replace the defective equipment and same will be billed for after the delivery and /or installation has been done. Should the equipment be replaceable under warranty, a credit will be passed to the Customer’s account. However, if the equipment or the damage does not fall under the warranty, or if the equipment is proven not to be defective, a credit will not be passed. Please note that, in terms of the Consumer Protection Act, this warranty may fall away if the equipment have been altered or modified contrary to instructions, or after leaving the control of Infinity Connect, or if the equipment has been tampered with.

4. Damaged Equipment

4.1 If equipment is damaged while at the Customer’s premises or in the Customer’s control, Infinity Connect will replace the damaged equipment and same will be billed for after the work has been done.

5. Repairs and Maintenance

5.1 If the equipment is not defective but damaged due to the Customer’s fault or the equipment falls out of warranty, the Customer will be charged delivery charges to collect and deliver the equipment for repairs and maintenance. The repairs and maintenance for this equipment are to be paid for within 30 (thirty) days after the repairs or maintenance have been completed failure by which the Customer hereby agrees and consent that any equipment so returned for a repair or maintenance may be sold by Infinity Connect to defray the cost of such repair or maintenance if the equipment remains uncollected for a period of 30 (thirty) days after the repairs or maintenance have been completed.

INSURANCE OF EQUIPMENT POLICY

This policy is developed for safeguarding and protection of Infinity Connect’s equipment as set out in all Service Applications. For clarity purposes, equipment shall include all rented or any product or goods not fully paid for by the Customer which remains the property of Infinity Connect. This policy is applicable for wireless internet.

1. Insurance

All Customers are required to comprehensively insure (loss of or damage to equipment caused by accident, malice or by the deliberate act of a third party) the equipment for a value not less than the Basis of Valuation.

2. Basis of Valuation

The agreed value of the goods is the market value, at the time of the commencement of the Incident, of replacing the equipment with similar equipment. The current replacement cost for Wireless equipment amounts to R8050 (In VAT).

This policy will be updated when the replacement cost of the equipment either increase or decrease.

For all other equipment (telephones, Wi-Fi access points etcetera) not fully paid for by the Customer, The agreed value of the goods is the market value, at the time of the commencement of the Incident, of replacing the equipment with similar equipment.

3. Period of insurance

All equipment is required to be insured for the period as set out in the Service Application and any renewal period thereafter until final cancellation thereof.

For agreements based on a month to Month basis, insurance must be intact until final cancellation thereof

4. Conduct of claims

It is the responsibility of the Customer to make a claim against the Insurance Company or to institute legal proceedings or negotiations relating to equipment claims. The Customer however shall be liable for payment of the basis of valuation cost to Infinity Connect notwithstanding the fact that any Insurance claim has not yet paid out.

The customer will keep Infinity Connect fully informed of the progress of any claim made against the Insurer.

The Customer, and anyone else entitled to make a claim in terms of the Insurance policy, must cooperate fully with Infinity Connect and must give Infinity Connect any information or assistance if and when required.

5. Cancellation or non-compliance

If the Customer cancelled the insurance or refused and/or neglected to insure the equipment, the Customer will be held liable for the replacement or repair cost of the equipment.

1. PROMOTIONS

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;

1.1 Unlimited and unshaped fibre;

1.2 A free Wi-Fi Router valued at R 699, subsidised by Infinity Connect, subject to a pro-rated claw back*;

1.3 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);

1.4 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*;

1.5 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

1. MTN FIXED LTE

MTN Fixed LTE is a best effort service with no minimum service levels offered. Speeds will differ and no minimum speeds are guaranteed. Many factors determine the speed and quality of service which will be achieved such as but not limited to, distance, weather, interference around and within the property.

Fixed LTE services will deliver high speed and reliable wireless broadband internet services for our customers within the pre-defined Coverage Areas of the MTN Fixed LTE Network.

• The customer receives data per calendar month based on a split between Anytime and NightTime data zones

• The Night-Time data can be used between 12 am to 5 am all other traffic is deemed Anytime traffic

• Package configured for a month to month option

• Pro Rata on the first month for Data and Price

The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months' notice and must be submitted via the Cancellation page, cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time (before the 25th of each month) but the new service will only be effective from the 1st of the following month provided no Service Change rules are in place.

2. FIXED LTE COVERAGE

Infinity Connect Fixed LTE Service will endeavour to deliver wireless broadband internet services for the End-user’s within the MTN pre-defined Coverage Areas. The expansion of the Coverage Area will be ongoing and will vary. It is the responsibility of the Enduser to acquaint itself with any changes to the Coverage Area and to adjust appropriately; The Fixed LTE Service will not permit roaming of any nature. Once registered on the initial base station, the Fixed LTE Service will be locked to that base station. Should the SIM card attempt to be used as a roaming service, the SIM card will be blocked and no longer be able to log in. The SIM card will be required to be replaced should the service still be required at the cost of a SIM swap which will be carried by the CUSTOMER. INFINITY CONNECT will not be liable for any claim or be required to provide support for poor network performance due to the non-compliance. It is recorded that INFINITY CONNECT does not give or make any warranties, representations or guarantees whatsoever, whether implied or express, in relation to the availability, reliability, accuracy and security of the Network Capacity or Network Coverage as the Fixed LTE Service, due to its technical nature, is a best effort service.

3. MTN INSTALLATION PROCESS

APN settings / SIM setup To get connected you will need to:

1. Insert MTN LTE SIM card into the router. Ensure the SIM card is the correct size and facing the correct direction.

2. Switch on the router, waiting 10 minutes before restarting it to begin the provisioning process.

3. After restarting, connect your laptop/PC via the LAN connection or via WIFI.

4. Wifi name and password should be on a sticker on the underside of the router.

5. Once Laptop or PC is connected open a web browser (Chrome, Firefox, Edge, etc.)

6. Type in 192.168.8.1 in the address bar. The router will normally have a landing page address on the sticker underneath the router.

7. Select the settings tab on the top menu it will prompt for username and password which should both by default be:

a. Username: admin

b. Password: admin

8. Once into the settings page on the left-hand menu select "dial up" and under the drop down select "profile management."

9. Select new profile and under name, type in: YourLTE and under APN:

a. ws.is.fwa

10. Now select save

11. Make sure the profile is selected from the drop-down menu and click apply.

12. Please restart the device again.

13. Connect to the internet.

14. If connection fails, attempt steps 12 & 13 periodically over the next 24 hours.

15. If still not connected after 24 hours, please contact support@infinityconnect.co.za

4. MTN LOCATION LOCKING

The Fixed LTE sim will be restricted to a specific location in the network. If the device is used outside a specified radius calculated by MTN , LTE data service will be blocked until such time the device moves back into the specific location area. There is a grace period of three days after the initial connection by the sim to move back to the location submitted.

5. MTN UNAPPROVED DEVICE LOCKING

If a sim is inserted in an unapproved device, it will get locked within 60 minutes of connecting.

6. TOP UP ACTIVATIONS

Top-Ups will be activated within 15 minutes after the successful request.

7. MTN ROUTER OPTIONS

The below mentioned routers are compatible Infinity Connect will not take responsibility of any cost incurred because of incorrect routers used on the MTN network.

 Model   Manufacturer   Useable on MTN LTE 
 B525S  HUAWEI  SUPPORTED
 B612  HUAWEI  SUPPORTED
 B618S  HUAWEI  SUPPORTED
 MF286
 (Sold by Infinity Connect) 
 ZTE  SUPPORTED
 LTE7460  Zyxel  SUPPORTED

8. MTN PROMO

Please note that the following promotion rules apply:

• The service needs to be active for a minimum of 6 months or a claw back of the subsidy will apply.

• Only available for SIM and router orders. Bulk orders do not qualify for this promotion.

• The promotion applies to any Infinity Connect MTN Fixed LTE package ordered as a SIM + Router ( ZTE MF 286 C1) bundle.

• While stocks last.

• Infinity Connect reserves the right to end the promotion prior to the 31 August 2021 date.

1. HOSTING AND EMAIL SERVICES

The Infinity Connect Hosting and Email environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

Infinity Connect will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's or Resellers selected domain names. Infinity Connect do not give any warranty or guarantee of email or email delivery it is the responsibility of the client or reseller to monitor and backup emails. Emails is a best effort services, Infinity Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind due to any email problems, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

The Client or Resellers hereby indemnifies and holds harmless Infinity Connect against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's or Resellers use and registration of its selected Domain Name, even if Infinity Connect has been advised of the possibility of such damages;

Infinity Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Clients or Resellers also hereby indemnify Infinity Connect against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients or Resellers will be solely liable to external parties for losses and may, in no way, petition Infinity Connect to share or cover such losses or liability, either directly or indirectly. Infinity Connect is also indemnified from direct claims from Clients or Resellers for losses incurred due to 3rd party actions or claims.

Neither Infinity Connect, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Infinity Connects Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Infinity Connect Server service, unless otherwise expressly stated in this Agreement.

Infinity Connect expressly limits its damages to the Client or Resellers for any non-accessibility time or other down time during the system unavailability. Infinity Connect specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client/user or Resellers indemnifies Infinity Connect against any loss or damage whatsoever, which may arise from the use of any third party software, add-ons or plugins available through our hosting services or platforms.

Infinity Connect is not responsible if an external company network and firewall is setup to block access to services Infinity Connect provides. If a client's or Resellers network is setup to block certain ports or web addresses that compromise the services Infinity Connect provides it is the client's or Resellers responsibility to ensure that their network configurations are changed as necessary. Infinity Connect. It is the clients or Resellers responsibility to keep a backup of the domain Infinity Connect will in no way be held responsible for any loss of content whatsoever.

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client's or Resellers responsibility to ensure that the transfer request from Infinity Connect is accepted and to advise Infinity Connect of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

Infinity Connect may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.

By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

2. SPAM/VIRUS FILTERING

Infinity Connect provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that Infinity Connect shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

3. CLOUD HOSTING AND EMAIL

Cloud Hosting services are fully managed by the client and Infinity Connect does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

4. ZACR REGISTRANT AGREEMENT

1. Definitions

1.1. "Administration Sites" means the Registry's official administration website/s including, but not limited to www.registry.net.za and the Registrars official administration website/s including, but not limited to www.Infinity Connect.co.za.
1.2. "Agreement" means the Application read together with these terms and conditions.
1.3. "Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
1.4. "Application" means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
1.5. "Registry" means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
1.6. "Domain Name" means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.
1.7. "Namespace" means the .za domain namespace of the Internet.
1.8. "Personal Information" means information relating to an identifiable, living, natural person.
1.9. "Registrar" means Infinity Connect DSL PTY (Ltd).
1.10. "Published Policies" means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

2. Applicability

2.1. The Registry is responsible for delegating domain names in the .za domain / gTLD namespace of the Internet.
2.2. These terms and conditions apply to all the .za domain / gTLD domain names.
2.3. The Applicant also agrees to be bound by the Published Policies.

3. Fees

3.1. Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card.
3.2. Should the Applicant fail to pay any of the fees contemplated in this clause within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.
3.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause.

4. Rights to Domain Name

4.1. The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a "first-come-first served" basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant's right to utilise such name.
4.2. The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
4.3. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
4.4. Should a third party (the "Complainant"), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
4.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Uniform Rapid Suspension ("URS"), and agrees to be bound by any decision that may result.

5. The Applicant's Warranties & Indemnity

5.1. The Applicant hereby irrevocably represents, warrants and agrees that:
5.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
5.1.2. it has the right without restriction to use and register the Domain Name;
5.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
5.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
5.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name.
Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and 5.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
5.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys' fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant's expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

6. Withdrawals and Transfers

6.1. The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
6.1.1. in the circumstances contemplated in clause 3;
6.1.2. should the Applicant breach any warranty given under clause 5.1;
6.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
6.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
6.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
6.1.6. on receipt of an order by any competent court having jurisdiction; or 6.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable). 6.2. In the event that the Registrar's accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar. 7. Personal Information 7.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes: 7.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information; 7.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services; 7.1.3. transfer of Personal Information to the Registry's affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located; 7.1.4. transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located. 7.2. In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar. 7.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT. 7.4. Provision of the Domain Name is dependent on the Applicant's consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent. 8. Exemption and Indemnity of the Registry 8.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT'S DOMAIN NAME REGISTRATION. 9. General 9.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria). 9.2. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa. 9.3. The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement ("amendments") if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time. 9.4. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published. 9.5. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry's favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause. 9.6. In the event that any of these terms 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. 10. Spamming 1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam. 2. It is contrary to Infinity Connect policy for customers to use our servers to effect or participate in any of the following activities: o To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner- published FAQ or description of the group or list; o To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients; o To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a Infinity Connect provided server, or using a Infinity Connect provided server as a maildrop for responses; o To falsify user information provided to Infinity Connect or to other users of the service in connection with use of a Infinity Connect service.

1. Fibre Services

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Infinity Connect a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/Infinity Connect or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Infinity Connect only offer Fibre to the Home services through our Fibre Line Providers at this time.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Infinity Connect, the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days' notice depending on the Fibre Provider, the earliest date for a downgrade request will be displayed in the Client Control Panel when submitting the request. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel at least a calendar month before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel. Cancellation requests which do not adhere to a calendar months notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of Infinity Connect bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.