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APPLICATION
NOTIFICATION TO THE DATA SUBJECT WHEN SUPPLYING PERSONAL INFORMATION
The data subject (client/consumer) must note that all the information supplied to the responsible party (Rapid Networks (Pty) Ltd t/a Rapid Networks; Windstone Farm, Vredenburg) will be recorded and processed regardless of form or medium in which the information was supplied.
Personal information is collected to enable Rapid Networks (Pty) Ltd t/a Rapid Networks to deliver a service to its clients/customers and for billing purposes (where applicable).
The personal information supplied is mandatory and if applicable is authorized or required by the Protection of Personal Information Act. The data subject has the right at any time to rectify the personal information collected, object to the processing of personal information (subject to legislation) and to lodge a complaint at the Information Regulator.
SERVICE LEVEL AGREEMENT
ENTERED INTO AND BETWEEN
RAPID NETWORKS (PTY) LTD
WITH BUSINESS ADDRESS SITUATED AT
Windstone Farm R45 Road Vredenburg 7380
(THE SERVICE PROVIDER)
AND
WITH DOMICILIUM CITANDI ET EXECUTANDI AT
(THE CLIENT)
1. INTERPRETATION
1.1 In this agreement:
1.1.1 Clause headings are for convenience only and shall not be used in the interpretation of this service level agreement;
1.2 unless the context clearly indicates a contrary intention:
1.2.1 an expression which denotes:
1.2.1.1 any gender includes the other genders;
1.2.1.2 a natural person includes an artificial person and vice versa;
1.2.1.3 the singular includes the plural and vice versa.
1.2.2 the following words/expressions shall bear the meanings as assigned to them below:
1.2.2.1.1 “Agreement” means this Service Level Agreement;
1.2.2.1.2 “Client” means the party signing this agreement as the client
1.2.2.1.3 “Parties” means Rapid Networks (Pty) Ltd T/A Rapid Networks and the client;
1.2.2.1.4 “Scope of Services” means the services to be provided by the Service Provider;
1.2.2.1.5 “the Service Provider” means Rapid Networks (Pty) Ltd;
1.2.2.1.6 “Signature date” means the date that the Service Provider signs;
1.2.2.1.7 “Initial period” means twelve months from signature date;
1.2.2.1.8 “email” means electronic mail;
1.2.2.1.9 “CPE” means client premises equipment and includes the Access Point (AP) on the client’s premises;
1.2.2.1.10 “AP” means Access Point, the AP is the device that delivers the wireless signal on the client’s premises;
1.2.2.1.11 “Annexure A” means the document containing the different packages on offer and indicating the specific package selected by the client;
1.2.2.1.12 “Annexure B” means the document containing the price of package selected in Annexure A.
2. DURATION OF AGREEMENT
2.1 The agreement is for a period of twelve months, which period commences on the date of service activation.
2.2 After the initial period the contract shall continue on a month-to-month basis.
2.3 After the initial period the client shall be entitled to terminate the agreement with one months’ written notice by way of completing a cancellation form.
3. SERVICES TO BE RENDERED BY SERVICE PROVIDER
3.1 Rapid Networks undertakes to provide the following services to the client during the duration of the agreement:
3.1.1 A wireless connection, connecting the client to the Internet;
3.1.2 Constant data as follows (and as per annexure “A”):
3.1.3 The necessary CPE, which equipment will remain the sole property of the Service Provider.
3.2 The client may upgrade or downgrade the service at any time, but will then need to sign a new agreement.
3.3 It is agreed that the Service Provider is a wireless reseller and only delivers bandwidth (data) to the client, all wireless related issues/damages will be subject to the severity of issues/damages to determine turnaround times.
3.4 Broadband services are not guaranteed and are supplied on a best effort basis.
3.5 The Service Provider assumes no responsibility and makes no representations with regards to the quality or reliability of data accessed or the inability to access data via networks of the Service Provider other than warranties in the form of uptime guarantees.
3.6 The client agrees that the client is solely responsible for the security and the maintenance of the security of any user details, including access codes and passwords.
3.7 It remains the responsibility of the client to notify the Service Provider in the event the client is unable to connect to the service.
3.8 Notwithstanding anything to the contrary contained herein, the client and/or any other person will not have any claim against the Service Provider whatsoever arising from direct and/or indirect damages, loss of profits and/or direct, incidental or consequential damages suffered because of the unavailability of the service (or the proper functioning of the service) and the client hereby indemnifies and holds harmless the Service Provider, its officers, employees, subsidiaries, affiliates and contractors in respect of such damage and/or loss.
3.9 Whilst delivery times are given in good faith and the Service Provider will always endeavour to comply therewith, no responsibility can be accepted for any loss or damage incurred by the client on account of any delay in delivery arising out of any circumstances beyond the control of the Service Provider.
4. PAYMENT
4.1 The client shall pay fee (As stated in Annexure B) monthly (inclusive of VAT) in advance, which fee shall be revised annually.
4.1.1 In the event that the authorities increase the percentage of VAT, the fee charged to the client will be increased accordingly.
4.2 Payment shall take place by way of a debit order and the client hereby agrees that a debit order be instituted against his bank account, the details of which are stated on page 2 of this agreement.
4.3 The debit order shall be payable on the chosen day of the month in advance, except in the event that the payment date of the month falls on a weekend or holiday, in which event the debit order shall be payable on the next business day of the same month.
4.4 The Service Provider will invoice the client from the first day of the month until the last day of the month, regardless of the payment date.
4.5 Should a debit order be returned; a returned debit order fee shall be payable by the client.
4.6 In the event of the reconnection of the service a reconnection fee will be charged.
4.7 In the event that any payment that is due is outstanding for a period of more than fourteen days the Service Provider will terminate the agreement and collect the CPE at the cost of the client.
4.8 In the event of a client being in arrears with his account the Service Provider may, with immediate effect, terminate the service.
5. CREDIT CHECK
5.1 The client agrees that the Service Provider may request a credit check on the client before this agreement is processed.
5.2 In the event of a negative credit history of the client the Service Provider shall be entitled to request a deposit, the amount of which shall be determined by the Service Provider and/or charge an installation fee.
6. USE OF CPE
6.1 The client shall at all times take the necessary care of the equipment installed on client’s premises;
6.2 The client shall be liable for any damages to the CPE or the theft thereof;
6.3 In the event of the termination of the agreement for whatsoever reason during the initial period the client shall be liable for the costs of the return of the CPE to the Service Provider.
7. BREACH
7.1 In the event of any material breach by the client, the Service Provider shall, with immediate effect, terminate all services to the client.
7.2 In the event that the mentioned breach of contract is within the initial period, the client shall be liable for installation costs in the amount of R2 999.00 (two thousand nine hundred and ninety nine rand);
7.3 A penalty of R 500.00 (five hundred) shall be payable by the client if the client cancels the agreement during the initial period, but before service delivery took place;
7.4 AA penalty of R 1 500.00 (one thousand five hundred) shall be payable by the client if the client cancels the agreement during the initial period, but after service delivery took place;
8. SOLE AGREEMENT
8.1 The parties hereto agree that this agreement is the only agreement between them and that no amendment and/or change hereto will be legally binding except when in writing and signed by both parties and two witnesses.
9. APPLICABLE LAW
9.1 The South African law will be applicable to this agreement.
10. CORRESPONDENCE
10.1 The Service Provider chooses as its email address the following: accounts@rapidnetworks.co.za
10.2 The client chooses as his e mail address the following:
10.3 The parties hereto agree that all correspondence between them may be affected by way of email.
11. COSTS
11.1 In the event that the Service Provider needs to issue summons against a client, all such legal costs will be for the account of the client at the scale of attorney and own client.
12. PERSONAL INFORMATION
12.1 The client must take note that all the information supplied to the Service Provider will be recorded and processed regardless of form or medium in which the information was supplied.
12.2 Personal Information is collected to enable the Service Provider to deliver a service to its clients and for purposes of invoicing.
12.3 The personal information supplied is mandatory and if applicable is authorized or required by the Protection of Personal Information Act. The client has the right at any time to rectify the personal information collected, object to the processing of personal information and to lodge a complaint at the Information Regulator.
13. JURISDICTION
13.1 The parties hereto agree that the Magistrate’s Court shall have jurisdiction with regards to any dispute arising from the Service Level Agreement.
DECLARATION
I/We hereby acknowledge that the information provided is true and correct. I/We further proclaim that I/We shall in no way hinder the process of such said payments. I/We further confirm that I/We have read and understood the Rapid Networks terms and conditions of service as set out in the Rapid Networks Acceptable User Policy which can be found on the Rapid Networks Website, being subject to change from time to time. I/We realise that should I/We breach this agreement in any way, Rapid Networks are entitled to suspend my services and/or cancel this agreement with immediate effect.
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