1. PARTIES The parties to the Agreement are:
1.1 EASY2ACCESS Registration Number – 2002/011210/23 (EASY2ACCESS) having its principal place of business at Suite 4, Maytime Hou, 3 Haygarth Road, Kloof or any division, subsidiary or affiliate of it, and 1.2 The Client, whose details are set out in SECTION 1 of this Agreement. Where the Client is not a natural person, the person signing on behalf of the Client warrants their authority to act on behalf of the Client, failing which authority such person shall be personally liable for all obligations under this Agreement.
2. DEFINITIONS
2.1 the/this “Agreement” means this written document together with the schedules headed “Information Schedule” and “Debit Order Instruction” and all other written appendices, annexures, exhibits or amendments attached to it from time to time
2.2 the “Service” shall mean products and services provided by EASY2ACCESS as set out in the Quotation attached as Annexure A to this agreement and any additional products and services, and “Services” shall be construed accordingly;
2.3 the “Information Schedule” is the page/s reflecting the Client information in section 1, and the product cost in section 2 thereof and all information reflected therein which, on acceptance by EASY2ACCESS, forms part of the terms and conditions of this Agreement.
2.4 “prohibited content” shall include any content deemed unsuitable by international internet standards or by EASY2ACCESS in its sole discretion or any content or operation causing unfair consumption of bandwidth including, without limitation: pornography or high-traffic adult entertainment, links to pornography or adult entertainment, material considered illegal by any South African or Unites States Federal legislation, unauthorized copyrighted material, pirated software, hackers programs, archives or related material, illegal MP3's, own CGI chatrooms, IRC or IRC bots, proxy servers, unauthorised gaming server software, Ultimate BBS, Ikonboard, RC Egg Drops, nph-proxy, the Anonymizer, any soap mailers and IRC servers.
3 COMMENCEMENT AND DURATION
3.1 The Client acknowledges that this Agreement is subject to EASY2ACCESS’s acceptance of the Client’s request for Services as set out in the Information Schedule.
3.2 This Agreement shall commence on EASY2ACCESS’s acceptance of the Client’s request for Services which shall be communicated by written confirmation failing which by the provision of the Services applied for by the Client.
3.3 EASY2ACCESS is not obliged to provide all or any Services requested. EASY2ACCESS’s obligations in terms of this Agreement are limited to those Services that it in its sole discretion provides.
3.4 All services listed in section 2 are on a month to month basis unless a contract term is specified. In such a case, these Services are subject to the specified contract term set out in section 2 of this agreement.
3.5 Either party is entitled to terminate the Agreement or any specific product applied for upon delivery at the end of the initial term by giving 2 (two) calendar months’ written notice for any marketing services and/or 1 (one) calendar months’ written notice for any other services to the other party.
3.6 The Client shall be entitled to upgrade to a higher Service (as determined by EASY2ACCESS in its sole discretion), on the same terms and conditions as this Agreement save for any changes in price or other product-specific criteria.
4 PAYMENTS
4.1 All fees other than setup and registration fees will be charged on a pro rata basis during the first month of this Agreement.
4.2 The setup and registration fee together with the pro rata charge for Services for the first month is payable in full on commencement of this Agreement,
4.3 All other fees payable in terms of this Agreement shall be payable monthly in advance by debit order as per the attached Debit Order Instruction.
4.4 No set-up or registration fees paid by the Client to EASY2ACCESS in terms of this Agreement shall be refundable.
4.5 EASY2ACCESS shall be entitled to increase any charges payable by the Client on thirty days notice, which notice may include notice by email.
4.6 The Client shall not be entitled to any setoff, discount, refund, or other credit in respect of any suspension or interruption of or delay in the Service, or where in any month the Client has utilized less than the minimum bandwidth specified.
4.7 Should the Client fail to pay any amount owing to EASY2ACCESS on due date, EASY2ACCESS shall be entitled, in its discretion and without prejudice to any other rights it may have, to cancel this Agreement without notice to the Client, or to suspend performance of it’s obligations pending payment in full by the Client.
4.8 In the event that the Client’s debit order payment is stopped, unmet by its bank or returned unpaid, EASY2ACCESS shall be entitled to charge the Client a processing fee of R 50.00 per failed payment, along with all other fees outstanding and any legal costs incurred.
4.9 Any payment due to EASY2ACCESS must be made by the due date specified on the invoice. An additional late payment fee will be levied on all outstanding invoices that are not paid within 7 (seven) days of the due date. The amount of such levy is to be R100 or 2.5% of the outstanding balance, whichever is greater.
4.10 If payment is not received within 3 days from the date the late payment levy has been raised, the account will be suspended and a reconnection fee of R250.00 (two hundred and fifty Rand) will be levied. The full outstanding amount on the account must be paid before any suspension will be lifted.
4.11 The Client shall, on demand, pay to EASY2ACCESS all costs and expenses incurred by EASY2ACCESS in enforcing the terms of this Agreement on an attorney and Client scale, whether incurred prior to or during institution of legal proceedings or if judgment has been granted, in connection with the satisfaction of such judgment.
4.12 The Client agrees that in the event that any amounts are owing to EASY2ACCESS by the Client and EASY2ACCESS being in possession of any of the Client's property, EASY2ACCESS shall have a bona fide lien over such property and shall have the right to retain such property until all outstanding amounts have been paid to EASY2ACCESS.
To view the extended contract terms and conditions associated with this agreement please go to https://easy2access.co.za/terms-and-conditions/
Client Initials
