RESIDENTS 123net Fibre Service Agreement

123NET FIBRE - RESIDENTIAL SERVICE AGREEMENT
entered into by and between
123 NET CPT (Pty) Ltd ("123Net")
a private company registered in accordance with the laws of South Africa

Description and Registration Number
having registration number 2015/224882/07
Physical Address Suite 3A, Umhlanga Centre, 185 Ridge Road, Umhlanga Rocks
TAX No. 9052047249
Contact No. 031 828 2321
Fax No. 086 585 1270
Contact Email Address [email protected]
Signed at Date
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Name who warrants that he is duly authorised to sign
Designation
As witnesses
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Full Names Full Names
and
_______________________________________________________________ ("the Subscriber")
Name and Identity Number

Physical Address
Cell No.
Contact Fax No.
Contact Telephone number:
Contact Email Address
Signed at Date
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Name who warrants that he is duly authorised to sign
Designation
As witnesses
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Full Names Full Names
PLEASE REFER TO THE ATTACHED SERVICE SCHEDULE AND STANDARD TERMS AND CONDITIONS OF USE
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SERVICE SCHEDULE
CONSTRUCTION MONTHLY
PACKAGE DESCRIPTION CHOICE
FEE SERVICE FEE
Megabit Packages
Megabit 5
(month-to-month) up to 5 Mbps R1 500.00
download/upload rate
R250.00
No data cap
Megabit 5
No fair-usage-policy R1 000.00
(12 month)
Megabit 10
R449.00
No data cap
Megabit 10
No fair-usage-policy R1 000.00
(12 month)
Megabit 20
R649.00
No data cap
Megabit 20
No fair-usage-policy R800.00
(12 month)
Megabit 50
R1099.00
No data cap
Megabit 50
No fair-usage-policy R800.00
(12 month)
Megabit 100
R1549.00
No data cap
Megabit 100
No fair-usage-policy No FEE
(12 month)
Gigabit Packages
1 Gigabit (1000 Mbps)
Gigabit 10 Local/National
R1 500.00
(month-to-month) download/upload rate, up to
10 Mbps International
R799.00
Gigabit 10 (Symmetric Speeds)
R1 000.00
(12 month) No data cap
No fair-usage-policy
R1 500.00
(month-to-month) download/upload rate
up to 20 Mbps International
R999.00
R1 000.00
R1 500.00
R1189.00
R800.00
R1 500.00
R1369.00
R800.00
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R1 500.00
R1499.00
No FEE
R1 500.00
R1999.00
No FEE
Additional Options and Fees

Support Call Out (customer problem) R300.00 per hour
Support Call Out (provider problem) FREE
*BYOF Reference (unique customer number)

*BYOF Names of the referring customer
*BYOF Bring-a-Friend Referral Program: please read more details about the program on our website
*No FEE No connection fee
STANDARD TERMS AND CONDITIONS OF USE RESIDENTIAL FIBRE
PLEASE FAMILIARISE YOURSELF WITH THE FOLLOWING TERMS AND CONDITIONS, INITIALLING WHERE INDICATED
1. INTERPRETATION
In this Agreement:
1.1. clause headings are for convenience and shall not be used in its interpretation;
1.2. unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other
gender, a natural person includes an juristic person and vice versa and the singular includes the plural and vice
versa;
1.3. In circumstances when the CPA applies to the Agreement, the provisions of the CPA will prevail in the event of a
conflict between any provision of the Agreement and the provisions of the CPA.
1.4. In circumstances where there may be a conflict between specific and general terms, the specific terms shall take
precedence.
1.5. the following expressions shall bear the meanings assigned to them below and cognate expressions bear
corresponding meanings:
1.5.1. Agreement means these terms and conditions of use, including all Schedules and Annexures hereto
together with all other terms and conditions which 123Net might, from time to time, impose in respect of the
Service, as amended and updated from time to time;
1.5.2. Business Day means weekdays other than public holidays in South Africa;
1.5.3. Business Hours means 08h30 to 20h30 on Monday to Friday, and 10h00 to 18h00 on Saturdays, Sundays
and public holidays;
1.5.4. Confidential Information means any information or data in whatever form or medium whether tangible or
intangible, oral or in writing including, but not limited to, documents, materials or data which by its nature or
content is or ought reasonably to be identifiable as confidential and/or proprietary to the Disclosing Party or
which is provided or disclosed in confidence or is designated as confidential information by the Disclosing
Party whether or not owned or developed by the Disclosing Party, which is not generally known to the
Receiving Party, to Receiving Partys personnel and representatives, and of which the Receiving Party may
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obtain knowledge through or as a result of the relationship established hereunder with the Disclosing Party,
access to the Disclosing Party, access to the Disclosing Partys premises, or communications with the
Disclosing Partys employees, representatives or independent contractors. Without limiting the generality of
the foregoing, Confidential Information shall include but is not limited to ideas, concepts, business plans,
strategies, financial statements, pricing data, operations, inventions, discoveries, formulae, processes,
designs, specifications, drawings, prototypes, sample, improvements, developments, applications,
marketing data, customer names, projections, trademarks, trade names, and trade secrets, any commercial,
financial, technical or strategic information, whether or not the same are or may be patented, registered, or
otherwise publicly protected;
1.5.5. "CPA" means the Consumer Protection Act, 2008;
1.5.6. "CPA Regulations" means regulations promulgated under the CPA from time to time;
1.5.7. Days means calendar days;
1.5.8. Commencement Date means the date when the Service first commences;
1.5.9. Equipment means - inter alia and without limiting the generality thereof both 123Nets customer premises
equipment as issued to Subscribers and any other electronic equipment installed and/or provided by 123Net
to enable the operation of its Fibre Network and the provision of its Service there over;
1.5.10. Fibre Network means the optical fibre cable network deployed, operated and owned by 123Net, which
infrastructure is used as the connection medium over which 123Net provides its Service;
1.5.11. ICASA means the Independent Communications Authority of South Africa;
1.5.12. "Initial period" means the period of the first agreement signed by the Subscriber in respect of the Service,
as specified in the Service Schedule. The period will commence on the Commencement Date.
1.5.13. Owner means any commercial land and/or property owner in the Premises;
1.5.14. Parties means 123Net and the Subscriber, and Party shall mean either 123Net or the Subscriber;
1.5.15. "Renewal Period" means, unless otherwise specified in the product-specific terms of the Service
Schedule:
1.5.15.1. if the Subscriber is a juristic person, a period ending on the day immediately after the
expiration of the Initial Period or any subsequent renewal period;
1.5.15.2. if the Subscriber is a natural person, the period more fully specified in clause 3;
1.5.16. Service means the service as described in clause 2 below and elsewhere in this Agreement, as provided
by 123Net and available at the Premises;
1.5.17.
Premises means the area, building, address and/or surrounding areas detailed on the face of this
Agreement, the extent of which may be expanded by written agreement between the Parties;
2. DESCRIPTION OF SERVICE TO BE PROVIDED
2.1. 123Net hereby agrees to provide the Subscriber with internet access and last-mile network services at the Premises
by means of its Fibre Network in accordance with the parameters of the Service chosen by the Subscriber, as specified
in the Service Schedule to which this Agreement is attached.
2.2. 123Net reserves the right to amend, at any time, the technical parameters or specifications relating to the provision of
the Service specified in the Service Schedule, but undertakes to provide the Subscriber with reasonable notice of such
amendment.
3. TERM OF AGREEMENT AND TERMINATION
3.1. 123Net undertakes to provide the Service to the Subscriber, subject to the further provisions of this Agreement, for the
duration of the Initial Period and any Renewal Period as applicable.
3.2. The Initial Period of this Agreement is subject to the specific terms of the Service selected by the Subscriber, but shall
persist from the Commencement Date for a period of 12 (twelve) months in duration.
3.3. In the event that the Subscriber upgrades the Service during the initial term or any period thereafter, then the
Commencement Date in respect of the Service as upgraded shall then be the date when provision of the upgraded
Service first commenced.
3.4. In the event that the Subscriber upgrades from a Service package with a higher construction fee to one with a lower
construction fee, the difference in construction fees shall be offset against the monthly Service fees payable by the
Subscriber for the upgraded Service package.
3.5. If the Subscriber is a juristic person, at the expiration of the Initial Period, unless otherwise notified in writing to the
Subscriber, the Service and the Agreement will automatically continue on the terms of this Agreement for an unlimited
number of Renewal Periods, unless terminated by the Subscriber, at the expiration of the Initial Period or any Renewal
Period, as the case may be, by giving 123Net written notice of termination not less than 30 and not more than 90 Days
before the expiration of the Initial period or Renewal period, as the case may be.
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3.6. Unless the CPA applies to this Agreement, 123Net shall be entitled to terminate this Agreement at any time by giving
3 (three) months written notice to the Subscriber.
3.7. Either party may terminate a duly executed Schedule to this Agreement under the terms and conditions specific to
such Schedule.
3.8. If the Subscriber is a natural person:
3.8.1. S/he may terminate the Agreement:
3.8.1.1. on the expiry of the Initial Period, by notice in writing to 123Net,
3.8.1.2. during the Initial Period, on 20 Days written notice to 123Net, subject to the provisions of
clause 3.8.
3.8.2. 123Net can, during the Initial Period, terminate the Agreement on 20 (twenty) Days notice after the
Subscriber receives written notice to remedy a material breach and the Subscriber fails to remedy such
breach within the time period allowed to do so.
3.8.3. If the Agreement is not terminated during the Initial Period by either Party in accordance with the
provisions of this clause 3 and where the Subscriber has not agreed to a renewal of the Agreement for
a further fixed term, the Agreement will continue, after the expiry of the Initial Period, on a month-to-
month basis (terminable by either 123Net or the Subscriber on one month's written notice to the other),
subject to any material changes of which 123Net has given written notice given under clause 3.3.4.
3.8.4. Not more than 80 nor less than 40 Days before the expiry of the Initial Period, 123Net will notify the
Subscriber in writing of the impending expiry of the Agreement, which notice will include any significant
changes that would apply if the Agreement were to be renewed and will include the Subscriber's right
to terminate or continue with the Agreement on the expiry of the Initial Period.
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3.9. If the Subscriber terminates this Agreement prior to the expiration of the Initial Period or any Renewal Period
for any purpose other than expressly provided for in this Agreement, the Subscriber will be liable for all
amounts due to 123Net until the date of termination and 123Net shall be entitled (unless the Subscriber is
entitled to terminate the Agreement without penalty in accordance with the provisions of the CPA, if
applicable), to a cancellation / early settlement fee, provided that where the Subscriber is a natural person,
123Net shall restrict such cancellation/early settlement fee to a reasonable fee determined to be in accordance
with the guidelines set out in the CPA and, if applicable, the CPA Regulations.
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3.10. 123Net shall be entitled to request, prior to the conclusion of this agreement, and prior to the
Commencement Date, information related to the Subscribers creditworthiness. For the avoidance of doubt
the Parties agree that 123Net is authorised to conduct all reasonable credit checks and searches and the
Subscriber herewith expressly consents to 123Net conducting the aforesaid credit searches in as much as it
may be a requirement to obtain such consent in terms of relevant legislation.
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3.11. If the conclusion of the Agreement is a result of direct marketing and the provisions of the CPA are applicable,
the Subscriber has the right to terminate the Agreement without reason or penalty to 123Net within 5 Days
after the later of the date on which the Agreement was entered into or the Services or Equipment were delivered
to the Subscriber. If the Subscriber has the original packaging of the Products opened for the return of the
same to 123Net on cancellation of this Agreement, 123Net is entitled to deduct from any reimbursement or
refund to the Subscriber in return, a reasonable amount for the use and/or depletion of the Products and/or
Services.
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4. PAYMENT AND PAYMENT TERMS
4.1. The Subscriber agrees to pay the installation and monthly fees associated with the Service chosen by the Subscriber,
with payment of the Subscribers account being due upon presentation of invoice monthly in advance or by debit order,
as the case may be.
4.2. Should the Subscriber fail to pay any amount on the due date for payment, then, without prejudice to any other rights
123Net may have in law:
4.2.1. 123Net shall be entitled to take all such further steps as may be necessary to recover the outstanding
amount from the Subscriber, in which event the Subscriber agrees to pay all costs associated with such
recovery on an attorney and own client basis;
4.2.2. 123Net shall be entitled to, without notice, limit or suspend the Subscribers access to the Service until
such time as the outstanding amount has been paid in full; and/or,
4.2.3. 123Net shall be entitled to terminate this agreement with immediate effect.
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4.3. Any change to the pricing of the Service is subject to prior written agreement between the parties of at least 1 (one)
calendar month prior to the effective date of such change. In the event that no agreement can be reached in this regard
then 123Net reserves the right to unilaterally increase it pricing by an amount in line with reasonable industry standards,
alternatively the Subscriber is entitled to provide 30 (thirty) Days written notice of its intention to terminate this
Agreement.
4.4. All prices in this Agreement, together with any Schedules thereto, are quoted in ZAR and are inclusive of VAT.
4.5. 123Net is a registered VAT vendor.
4.6. Pro-rata billing will be implemented in the rst month of the Initial Period following the Commencement Date.
4.7. Subject to 123Nets sole discretion, 123Net shall be entitled to insist that payment of all amounts payable by
the Subscriber is effected by debit order on the terms and conditions specified in this Agreement, and the
Subscriber will be required to execute and deliver such further instruments, contracts, forms and other
documents ("additional documentation") or perform such further acts as may be required by 123Net for the
purpose of obtaining such debit/s in favour of 123Net, copies of which additional documentation has been
made available to the Subscriber before the date of signature. Where payment is made by the Subscriber by
means of a debit order, other electronic or any other intermediary, the Subscribers bankers or other
intermediaries will act as Subscribers agents and the Subscriber will have discharged its obligations only
upon payment being received by 123Net at 123Nets premises or by the bankers of 123Net.
4.8. In terms of the debit order, the Subscriber is aware of a non-refundable setup fee, outright purchases and pro-
rata amounts applicable to the services applied for, and accepts that these amounts will be debited be from
their account immediately when the service is activated.
4.9. Any cancellation of such a debit order without the prior written consent of 123Net constitutes a contravention
by the Subscriber of this Agreement.
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5. INSTALLATION AND ACCESS TO THE PREMISES
5.1. Subject to reasonable prior notice, the Subscriber hereby agrees to accept installation of 123Nets Fibre Network
during Business Hours, whenever such installation might be tendered.
5.2. The Subscriber acknowledges that installation is subject to the prior payment of the construction fee corresponding
to the Service chosen by the Subscriber.
5.3. The Subscriber undertakes to ensure that 123Nets employees or agents are afforded reasonable access to the
Premises throughout the term of this Agreement, provided that such access shall only take place during Business
Hours.
5.4. 123Net undertakes to ensure that its employees or agents comply in all respects with the such access policies as
may be in place at the Premises and that they at all times conduct themselves in accordance with the applicable
rules of the Premises.
5.5. The Subscriber is entitled to require positive identification from 123Nets employees, agents or contractors before
affording them access to the Premises.
5.6. 123Net will neither do nor permit anything to be done which may endanger, obstruct or prejudice the employees or
Premises or the common property or Owners and Tenants.
6. AUTHORITY AND ACKNOWLEDGEMENTS
6.1. Each Party warrants that it has the necessary legal powers and authority to enter into this Agreement.
6.2. The signature and/or digital acceptance of a Party representative warrants that he/she is authorized to act for that
Party.
6.3. The Subscriber specifically acknowledges that:
6.3.1. it has been given sufficient opportunity to read and has read and understand the Agreement including but
not limited to 123Nets product-specific terms and conditions, where applicable;
6.3.2. has read and is aware of all terms and conditions contained herein that are printed in bold and initialled by
the Subscriber as confirmation of this; and,
6.3.3. this Agreement together with all annexures and schedules thereto hereby supersedes, nullifies and/or voids
any and all agreements previously entered into between the Parties.
6.4.Where the physical installation of Equipment is needed, and notwithstanding any other clause in this regard contained
elsewhere in this Agreement, the Subscriber warrants that it has obtained all necessary permissions from the owner,
as the case may be.
7. GRANT OF RIGHTS
7.1. In addition to any rights afforded to 123Net in terms of any prior agreement between the Parties, the Subscriber hereby
confirms 123Nets right to install, locate and otherwise operate its Equipment at the Premises.
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8. ACCEPTABLE USE
8.1. The Subscriber irrevocably accepts all consequences of its own activities and the activities of all employees,
independent contractors, directors and others under the control of the Subscriber when using the Service.
8.2. The Subscriber irrevocably accepts that it is solely responsible for security and the maintenance of the security of any
confidential information stored on or transmitted through the Service and including passwords and access codes.
8.3. The use of the Service by the Subscriber or any party accessing the Service through the Subscriber for the accessing
or transmission of any content or material which violates any law or regulation and/or which use constitutes an unlawful
or illegal activity, is prohibited.
9. SERVICE INTERRUPTION
9.1. 123Net will attempt to ensure that the Subscriber is warned well in advance of any routine maintenance that needs
to be done on the network. Any unforeseen maintenance or outages will be handled in such a way as to cause
minimum disruption to the Subscriber.
10. EQUIPMENT
10.1. Any Equipment provided to the Subscriber for use at the Premises by 123Net will remain the property of 123Net.
123Net shall remove the Equipment upon termination of this Agreement.
10.2. The Subscriber is required to provide a secure area or space for the situation of the Equipment to be deployed in the
Premises, including access points that may be installed on walls, the roof and other suitable places and routers,
switches, and UPSs.
10.3. The Subscriber shall take reasonable care of the Equipment so situated, and is expected to return the Equipment in
good condition to 123Net on termination of this Agreement, fair wear and tear excepted.
10.4. Where the Subscriber has any equipment or software or hardware that has not been supplied by 123Net in terms of
this Agreement, then 123Net will have no obligation to correct, repair or support such equipment, software or
hardware, and will otherwise have no responsibility for such equipment, software or hardware.
11. NON-ACCESSION OF MOVABLES
11.1. The Subscriber acknowledges that all Equipment installed in the Premises by 123Net, whether a mast, antenna,
fibre, electronic equipment or other, shall be deemed to be moveable property, and shall remain as the property of
123Net, and that all such property does not and shall not accede to the immovable property of the Subscriber, unless
otherwise expressly provided for in this Agreement.
12. COMPLIANCE
12.1. 123Net shall at its own costs and expense, be responsible for obtaining and thereafter maintaining whatever
regulatory consents and licences that may become necessary to enable it to use, occupy and have access to the
facilities and Premises for the purposes envisaged in this Agreement.
12.2. Should 123Net fail to obtain any of the consents and or licences referred to in clause 11.1 above, or should any such
consent or licence, having been granted, be suspended or revoked by the relevant authority, either Party shall be
entitled, by notice in writing to the other to terminate this Agreement upon 30 (thirty) Days written notice to remedy
the situation.
12.3. 123Net shall at all times comply with all applicable laws, by-laws, ordinances, proclamations and regulations relating
to its occupation of the Premises.
12.4. In the event that the regulatory environment changes to the extent that either of the Parties is not able to comply with
the terms of this Agreement, the Parties shall meet promptly to negotiate in good faith in order to amend this
Agreement to enable the Parties to comply with such changes in the regulatory environment. Where the Parties are
not able, within a reasonable period, to amend this Agreement due to the required changes being technically or
financially not feasible, either Party shall be entitled to terminate this Agreement forthwith without attracting any
liability.
13. DOCUMENTS
13.1. Any specifications, descriptive matter, drawings and other documents which may be furnished by 123Net to the
Subscriber from time to time:
13.1.1. Does not form part of this Agreement and may not be relied upon, unless agreed upon in writing by both
Parties hereto;
13.1.2. Shall remain the property of 123Net and shall be deemed to be been imparted by it in trust to the Subscriber
for the sole use of the Subscriber. All copyright in such documents vests in 123Net. Such documents shall
be returned to 123Net upon demand.
14. WARRANTIES
14.1. 123Net warrants that:
14.1.1. It is the holder of an electronic communications network service and electronic communications service
licences, duly issued by ICASA under Chapter 3 of the ECA.
14.2. The Subscriber warrants that: -
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14.2.1. it is the registered owner and/or lawful occupier, with all the necessary authority and powers to enter into
this Agreement, and to grant to 123Net the rights provided for in this Agreement;
14.2.2.
in the event of a dispute between the parties, it shall not for any reason prohibit or prevent access to the
Premises by 123Net or its employees or agents;
15. LIMITATION OF LIABILITY
15.1. Under no circumstances shall one Party be liable to the other Party or any other person for any delay, failure, crash,
breakdown or loss of data, nor for any damages, loss, costs, claim, penalty, fine, expense, loss of profits or for
indirect, incidental, special or consequential damages arising from or as a result of the intentional or negligent act or
omission of any person not being an employee, contractor, sub-contractor or agent of the indemnifying Party or any
third party not authorised to act on its behalf in terms of this Agreement; or the actions, omissions or service
interruptions of any utilities provider including a telecommunications or electrical services authority or a supplier of
telecommunications or electrical services.
16. BREACH
16.1. Should either Party breach any of the terms and conditions of this Agreement, then the aggrieved Party shall be
entitled forthwith, if the defaulting Party has failed to remedy such breach within a period of 7 (seven) Days after
receipt of written notice by the aggrieved Party requiring it to do so, to claim immediate payment and/or performance
of all the defaulting Partys obligations, whether or not the due date for payment and/or performance shall have
arrived, in either event without prejudice to the aggrieved Partys right to claim damages or any other rights as the
aggrieved Party may have in law. Notwithstanding anything to the contrary, neither Party shall be liable to the other
for any indirect or consequential losses.
16.2. Either Party may terminate this Agreement immediately by written notice to the other Party where such other Party:
16.2.1. Enters into any compromise or attempt to compromise the debts owing by it to its creditors generally; or
16.2.2.
Is subject to an order placing such Party under judicial management or for its final or provisional liquidation
is granted or the proposing of any resolution for voluntary winding-up, other than for reasons of a
bona fide restructuring.
17. CHANGE OF OWNERSHIP & ASSIGNMENT
17.1. Where the Subscriber is the Owner of the Premises, the Subscriber shall notify any prospective buyer of the Premises
or any portion thereof of the existence of this Agreement.
17.2. In the event of the sale of the Premises or portion thereof, the Subscriber shall furnish 123Net with the full name(s),
address, telephone, cellular and fax number of the purchaser.
17.3. Notwithstanding any provision of this Agreement, it is hereby agreed that in the event of a sale of the Premises or
any portion thereof by the Subscriber, this Agreement will continue uninterrupted in respect of the Premises or such
portion until the expiration thereof, including any renewal periods as contemplated above.
17.4. The Subscriber warrants that it shall do all such things as may be necessary to be effect to this clause and to ensure
that the rights accorded to 123Net in terms of this Agreement are valid and enforceable against any transferee as
set out in this clause. The Subscriber indemnifies 123Net against any loss occasioned by its failure to abide by the
terms of this warranty.
17.5. 123Net shall not cede nor assign its rights and/or obligations in terms of this Agreement without the prior written
consent of the Subscriber or the relevant party, which consent shall not be unreasonably withheld.
18. CONFIDENTIALITY
18.1. The Subscriber agrees that the existence and contents of this Agreement, together with the contents of all schedules,
annexures and terms and conditions thereto are, for the purposes of this clause, deemed to be Confidential
Information.
18.2. Subject to clauses 19.2 to 19.4, each Party must:
18.2.1. Protect the Confidential Information in the manner, and with the endeavour of a reasonable person
protecting his own Confidential Information;
18.2.2. Use the Disclosing Party's Confidential Information only for the purposes of this Agreement;
18.2.3. Take all practical steps, both before and after disclosure, to impress upon its employees who are given
access to the Confidential Information the secret and confidential nature thereof; and
18.2.4. Not make any Announcement or issue press releases about the Agreement or the transactions related
to it without the approval of the other Party.
18.3. Clause 19.1.1 does not apply to Confidential Information that is in the public domain other than such Confidential
Information that has entered the public domain as a result of a breach of this Agreement or any other obligation of
confidence.
18.4. A Receiving Party may disclose the Confidential Information of the Disclosing Party if that disclosure is to the
employees, contractors or professional advisers of the Receiving Party or its affiliates who have a need to know that
information in relation to provision of Interconnection services and who have agreed to keep it confidential.
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18.5. A Party may disclose Confidential Information of the Disclosing Party or make an Announcement that is required in
accordance with any applicable law provided that the Receiving Party has consulted with the Disclosing Party prior
to making such disclosure and provided that the disclosure is confined to that which is absolutely necessary in terms
of such legal duty and/or order.
18.6. The Parties acknowledge and agree that, for the purposes of Section 64(1) of the Promotion of Access to Information
Act, No. 2 of 2000, the Confidential Information is provided in confidence by the Parties.
19. INTELLECTUAL PROPERTY RIGHTS
19.1. Nothing contained in this Agreement shall be construed to confer or be deemed to confer on either Party the
Intellectual Property Rights of the other Party.
19.2. Each Party indemnifies the other Party against all claims, actions, damages, liabilities, costs and expenses, including
reasonable attorneys fees and expenses, arising out of any claims of infringement, passing-off and/or unlawful
competition in relation to any patent, trade secret, copyright, trademark, service mark, trade name or similar
proprietary right of any third party, which claim arises directly or indirectly out of the unlawful and/or unauthorised
use by a Party of the Intellectual Property Rights of the other Party.
20. DISPUTE RESOLUTION
20.1. In the event that any dispute of whatever nature arises under this Agreement or its implementation then the Parties
must refer the dispute for resolution, first, by way of negotiation and failing that, by way of mediation, and failing that,
by way of arbitration. The dispute may not be referred to arbitration unless the negotiation and mediation processes
have been completed.
20.2. A dispute shall arise on the date on which one Party gives the other Party written notice of the details regarding any
matter in dispute by the Parties in relation to this Agreement.
20.3. Negotiation. Within 3 (three) Days of the dispute arising, the Parties shall seek an amicable resolution by referring
the dispute to representatives of each of the Parties, who must have authority to resolve the dispute, and who must
negotiate in good faith in an endeavour to resolve the dispute. The referral period may be varied by written agreement
between the Parties.
20.4. If the dispute is not settled by negotiation, the Parties' representatives shall, in writing, record the reason for the
failure and the issues that remain in dispute (failed negotiation record) for the purpose of referring the dispute to
mediation.
20.5. Mediation. In the event of the negotiation failing for any reason whatsoever, the Parties must, within 14 (fourteen)
Days of the date of the failed negotiation record, refer the issues that remain in dispute for resolution by way of
mediation. A neutral mediator with experience in communications-related mediation will be appointed by one of the
parties with consent from both parties within 10 (ten) Days. The referral period may be varied by written agreement
between the Parties.
20.6. If the dispute is not settled by mediation, the mediator shall, in writing, record the reason for the failure and the issues
that remain in dispute (failed mediation record) for the purpose of referring the dispute to arbitration.
20.7. Arbitration. In the event of the mediation failing for any reason whatsoever, the Parties must, within 14 (fourteen)
Days of the date of the failed mediation record, refer the issues that remain in dispute to arbitration in accordance
with the following provisions:
20.7.1. the arbitration will be held and finalised in Cape Town in accordance with the expedited arbitration rules of
the Arbitration Foundation of Southern Africa (AFSA);
20.7.2. one arbitrator will be appointed by agreement between the Parties;
20.7.3. if the Parties cannot agree on the arbitrator within a period of 5 (five) Days after the dispute was referred
to arbitration, the arbitrator shall be appointed by the Secretariat of AFSA.
20.8. General (relating to the dispute resolution). The provisions of this dispute resolution clause shall not preclude any
Party from approaching any High Court of competent jurisdiction for an interdict or other injunctive relief of an urgent
nature during the dispute resolution process.
20.9. The references to:
20.9.1. AFSA shall include any institution or body that replaces or succeeds them or that they may nominate in
writing to act in their stead if they are for any reason unable to act; and
20.9.2. the rules of AFSA mean the rules that are in operation at the time when the dispute is referred for resolution.
20.10.The agreement contained in this dispute resolution clause is separate and divisible from the other provisions of
this Agreement and shall remain in effect even if the Agreement is cancelled or terminated for any reason
whatsoever.
21. LEGAL NOTICES
21.1. The Parties choose the addresses set out on the face of this Agreement as their respective addresses (domicilia)
for the purposes of giving any notice, the payment of any sum (unless otherwise specified), the serving of any process
and for any other purpose arising from this Agreement.
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21.2. Each of the Parties shall be entitled from time to time by written notice to the other, to vary its domicilium to any other
street address within the Republic of South Africa, which change will take effect on the date on which the notice is
deemed to be received by the other Party in terms of clause 19.4 below.
21.3. Any notice required to be given in terms of this Agreement shall be valid and effective only if in writing.
21.4. Any notice given by one Party to the other (the addressee) which:
21.4.1. is delivered by hand during normal business hours at the addressees domicilium shall be deemed to have
been received by the addressee at the time of delivery;
21.4.2. is given by fax or e-mail shall be deemed to have been received by the addressee on the first working day
following the day of successful transmission of the fax or e-mail as the case may be;
21.4.3.
is given by pre-paid registered post shall be deemed to have been received by the addressee 10 (ten)
Days after the day of posting.
22. FORCE MAJEURE
22.1. Neither Party shall incur any liability by reason of any failure to fulfil any obligation in terms of this Agreement if such
failure is occasioned by a Force Majeure consisting of acts of God, fire, accident, government acts, explosion,
industrial dispute or any other act, omission or event beyond the reasonable control of such party. The onus of
proving that such failure was occasioned by a Force Majeure shall rest on the Party alleging same.
23. APPLICABLE LAW AND JURISDICTION
23.1. This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and
all disputes, actions and other matters relating thereto will be determined in accordance with South African law by a
South African Court having jurisdiction.
24. SEVERABILITY
24.1. Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or unenforceable, such
terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and
enforceable.
25. CESSION
25.1. The Subscriber shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this
Agreement to any third party unless consented to in writing by 123Net, which consent may not be unreasonably
withheld.
26. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
26.1. This Agreement constitutes the whole Agreement between the parties relating to the subject matter hereof.
26.2. Subject always to the right of the Subscriber to terminate this Agreement in accordance with the provisions of clause
3, 123Net in order to give effect to improvements in the Service it offers - may occasionally be required to amend
this Agreement. 123Net shall in its sole discretion, have the right to amend this Agreement and to modify and/or
discontinue any function or component of the Service, as it deems necessary. Any use by the Subscriber of the
Service after any such amendment implemented and notified to the Subscriber in writing by 123Net shall be deemed
to be acceptance to the Subscriber of such amendment.
27. NON-VARIATION
27.1. No amendment or consensual cancellation of this Agreement or any provision or term thereof or of any agreement,
bill of exchange or other document issued or executed pursuant to or in terms of this Agreement shall be binding
unless recorded in a written document signed by a duly authorised representative from both 123Net and the
Subscriber.
28. INDULGENCES
28.1. No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of exchange or
other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against
either parties hereto in respect of its right under this Agreement, nor shall it operate so as to preclude either of the
parties thereafter from exercising its rights strictly in accordance with this Agreement.
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RESIDENTS 123net Fibre Service Agreement

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RESIDENTS 123net Fibre Service Agreement

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123NET FIBRE - RESIDENTIAL SERVICE AGREEMENT

entered into by and between

123 NET CPT (Pty) Ltd ("123Net")

a private company registered in accordance with the laws of South Africa

_______________________________________________________________ ("the Subscriber")

Name and Identity Number

Additional Options and Fees

*BYOF Reference (unique customer number)

*No FEE No connection fee

STANDARD TERMS AND CONDITIONS OF USE RESIDENTIAL FIBRE

1.5.5. "CPA" means the Consumer Protection Act, 2008;

1.5.7. Days means calendar days;

1.5.11. ICASA means the Independent Communications Authority of South Africa;

3.8. If the Subscriber is a natural person:

3.8.1. S/he may terminate the Agreement:

3.8.1.1. on the expiry of the Initial Period, by notice in writing to 123Net,

4.5. 123Net is a registered VAT vendor.

6. AUTHORITY AND ACKNOWLEDGEMENTS

6.3. The Subscriber specifically acknowledges that:

14.2. The Subscriber warrants that: -

18.2. Subject to clauses 19.2 to 19.4, each Party must:

20.7.2. one arbitrator will be appointed by agreement between the Parties;

20.9. The references to:

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