In this Agreement, the
words hereunder will have the meanings assigned to them below:-
means these Standard Terms and
Conditions and any Application Form, Schedules, Annexures, DSE Group Privacy
Policy, DSE Group Acceptable Use policy, DSE Group mailbox rules and all other
terms and conditions and attachments which may, from time to time, impose in
respect of the Service/s, as amended and updated from time to time.
ADSLrefers to all ADSL accounts in this
application form supplied by DSE Group.
CUSTOMERmeans the party specified as Customer on
this application form.
& EMAILrefers to the
purchase, parking and management of domain names and setup, administration,
hosting and management of email services and additional parts thereof
including, but not limited to virus scanning, spam filtering and mailbox
DURATIONmeans the length of time and responsibility
for the Service from the Effective Date.
DATEmeans, notwithstanding the
date of signature of this Agreement, the date when the Service/s is
commissioned by DSE Group for use by the Customer irrespective of whether or
not the Customer uses the Service/s;
SERVICESincluding but not limited to
Web Hosting and Domain & Email Hosting, management and setup.
PERIODmeans the initial
contract term of the Service/s, as set out in this Agreement;
PSTSmeans the public switched
telecommunications services provider licensed to provide such services in terms
of section 36 of the Telecommunications Act 103 of 1996 as amended.
SERVICE/Smeans the service described in this
application form and in Clause 1 below, including all software and equipment
necessary for provision of the service/s and any other service that you may
subscribe to or which may form part of DSE Group offering from time to time.
VATmeans Value-Added Tax as defined in
the Value-Added Tax Act 89 of 1991.
HOSTING means a shared hosting
service provided specifically for the use of presenting a website to the
internet audience, on one or multiple servers.Management rights by the Customer or Customer will be limited.
headings contained in this Agreement are for reference purposes only and shall
not be used in the interpretation of this Agreement.Words importing any one gender includes the
other gender, the singular includes the plural and vice versa, and natural
persons includes juristic entities and vice versa.
OF SERVICE AND SUPPLY
1.1FIBRE TO THE HOME (FTTH)
to and provision of this service is not guaranteed and is based on the
availability of the service in an area and a favourable feasibility evaluation.
FTTH is a broadband best effort service - speeds and continuous connectivity
are not guaranteed even where there is a favourable feasibility result.
Group will provide the Customer with the a CAT5 connection to the fibre network
at a single point within the customer premises as well as a username and
password as detailed in and requested by the Customer through this Agreement or
via the DSE Group Web Site, the DSE Group Customer Control Panel, the DSE Group Help Desk system or via any other subscription
channel that DSE Group makes available
to the Customer.
FTTH accounts are uncapped, unshaped, managed solutions.
the client signs on for a 24 month initial contract and cancels before the
initial 24 month period is complete, the client will be responsible for the
balance of the full, undiscounted installation fee in Section A above (less the
50% installation amount already paid) which will become immediately due and
/ Business Use: The FTTH Solution is designed for residential / home use only.
A Business Customer is defined by DSE Group as a business entity which is
operating with more than 5 registered employees. This definition is in place on
the basis that the FTTH solution is a home/residential solution and is designed
and managed for a specific requirement of 5 or less users per account.
requiring a business solution can apply for a FTTB (Fibre to the Business)
Group reserves the right to immediately and without notice, suspend or
terminate the service of any customer not adhering to these requirements.
Fixed IPs are available on the FTTH service.
the client moves, there is no guarantee that the service will be available at
the client’s new premises. Relocation of the service will result in a full
additional setup fee.
FTTH service is a managed service. This is to ensure that all uncapped users on
the network are provided with the best possible usage experience. During peak
times, priority may be provided to real time services such as streaming and
voice while services such as NTTP, Peer-to-peer and Torrents may receive lower
DATE AND DURATION
Effective Date shall be the date on which the Customer is sent their account
username and password and the Customer is able to connect to the Internet. The
account username and password will be emailed to the customer using the contact
email address supplied by the customer in the Agreement.
Agreement will continue for a minimum of the initial contract period in Section
A of the Subscription Form and then automatically on a month-by-month basis
until such time as one calendar month’s written notice of cancellation is
received from the client via the DSE Group Helpdesk (firstname.lastname@example.org).
3.1Installation will be
effected by an DSE Group approved technician or team of technicians. The
technician/s will liaise with a Customer appointed representative to effect the
installation. The Customer will, without unreasonable delay, provide the access
and paperwork necessary to install and maintain all equipment required to
provide an operational network link.
3.2Maintenance of DSE Group
Group will maintain all DSE Group equipment. The Customer undertakes to provide
free and full access, to all equipment to an DSE Group approved technician
should the need arise. The Customer will also provide free and full remote
access to all DSE Group equipment when requested to do so by DSE Group.
Customer undertakes to use the DSE Group equipment and related software only in
strict accordance with instructions from DSE Group. The Customer will be liable
for any repairs or replacement of DSE Group equipment for damage caused other
than by the normal and instructed use of the DSE Group equipment or for loss of
the equipment via theft.
3.3Insurance of Equipment
will be responsible for insuring all Customer and DSE Group equipment on the
Customer’s site against any form of loss or damage from all risks. This
insurance should be of a value equal to the full replacement value of the
4.1The Service will be paid
in full, in advance by the Customer by means of a monthly debit order or via
EFT as described on the first page of this Agreement. Fees for the first month
of the Service are charged on a prorata basis and must be paid prior to the
service being activated.
4.2All Service/s provided are
to be billed as of the Effective Date. In the event of a single Service
consisting of a number of components, billing will commence for each respective
component of that Service as and when each component of that Service goes live.
4.3Customer is responsible
for and agrees to pay to DSE Group all fees for the Service/s in South African
currency, without deduction or set-off of any amount of whatsoever nature or
for whatsoever reason.
4.4A bounced debit order will
incur an administration fee of R100.00 (Incl. VAT).
stipulated, all prices specified exclude:
and any other any taxes and duties including any regulatory surcharge, which
Customer becomes obligated to pay by virtue of this Agreement, and PSTS
provider service fees, for which Customer agrees to make payment directly to
the PSTS provider on such terms as are agreed between the PSTS provider and
Customer, and shall at all times be the responsibility of the Customer.
4.6Unless otherwise agreed,
invoicing will be processed and delivered in advance and all invoices for
Services will be settled, in full, in advance of using the Service.
Group will suspend or terminate the Service until payment is received as in
Clause 10.1. If the Service is suspended as per Clause 10.1, a reconnection fee
of R250.00 (Incl. VAT) will be payable by the Customer.
4.7In the event of any
dispute arising as to the amount or calculation of any fee or charge to which DSE
Group is entitled, the dispute shall be referred for determination to DSE Group
auditors.They shall act as experts and
their decision shall be final and binding on DSE Group and Customer. The cost
of the determination shall be paid on demand by the party against whom the
determination is made, or as determined by the said auditors.
4.8Any amount falling due for
payment by Customer to DSE Group 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 ABSA Bank from time to time,
monthly in arrears.
4.9DSE Group shall be
entitled from time to time on 30 (thirty) days prior written notice thereof to
the Customer to increase the monthly fees referred to in the Service Schedule,
4.9.1DSE Group shall not be entitled to increase
the monthly fees more than the current CPI rate.
will be processed and sent to the Customer’s designated Contact indicated in
the Application Form to which this document is attached, unless the Customer
gives its written request for delivery of invoices by means other than, or that
the e-mail details of the Contact have been changed.
AGREEMENTS & OBLIGATIONS
5.1This Agreement applies to
all accounts, sub-accounts, and alternative account names associated with the
customer's primary account. The customer is responsible for the use of each
account, whether used under any name or by any person, and for ensuring full
compliance with this Agreement by all users of that account.
5.2By completing the order,
it is deemed that consent has been received from the landlord, owner or body
corporate for the installation of the service.
5.3DSE Group reserves the
right to amend or refuse access to Services, pricing or commission structures.
5.4Customer shall comply
strictly with all restrictions imposed on computer networks through which any
information and/or data transmitted by Customer passes.
5.5Customer shall not commit
nor attempt to commit any act or omission which directly or indirectly:
in any way DSE Group’ technical infrastructure or any part thereof;
or precludes DSE Group from being able to provide the Service/s in a reasonable
and business-like manner;
an abuse or malicious misuse of the Service/s;
5.6or is calculated to have
the abovementioned effect. In such an event, should DSE Group incur expenses to
remedy the situation, DSE Group reserves the right to charge the Customer the
amount necessary to cover DSE Group additional expenditure. Notwithstanding the
above, DSE Group reserves the right to take any other appropriate action it may
deem necessary to remedy the situation.
5.7Customer is prohibited
from modifying any equipment (including but not limited to router equipment)
utilised by Customer to receive any of the Service/s, in any way whatsoever,
including the changing of any of the settings of such equipment.
5.8Under no circumstances may
Customer resale from this Agreement or withhold or defer payment or be entitled
to a reduction in any charge or have any other right or remedy against DSE
Group , its servants, its agents or any other persons for whom it may be liable
in law (and in whose favour this provision constitutes a stipulation alteri) if
DSE Group interrupts the Service to Customer as it would be entitled to do if
Customer is in default of any of its obligations under this Agreement to DSE
Group or in the circumstances
contemplated in clause 8.4 below.
5.9Customer may not at any
time use the Service in contravention of any South African law.In particular, Customer undertakes to
familiarize itself and ensure that it is kept continuously appraised of all
South African law in force from time to time which has any bearing on the
Service and/or its use.Customer
acknowledges that DSE Group has no obligation to assist Customer in this
Customer in entering into this contract undertakes it will not re-sell or in
any other way transfer the DSE Group connection. Any attempt to do so, whether
successful of not, will result in the service being terminated by DSE Group, in
which event the Customer will be liable for a termination fee.
The Customer hereby agrees that DSE Group may from time to time send you
communications regarding (without being limited to) special offers/discounts
which DSE Group may negotiate for its members, operational changes that may
affect the service and/or new services launched by DSE Group from time to time.
7.1In order to ensure the
security and reliable operation of the service to all DSE Group Customers, DSE
Group hereby reserves the right to take whatever action DSE Group finds
necessary to preserve the security and reliability of its network.
7.2The Customer may not
utilise the service in any manner which may compromise the security of DSE
Group network or tamper with the service or the network in any manner
8.1Except as otherwise
expressly provided herein to the contrary, DSE Group shall not be liable to Customer or any third
party for any loss or damage of whatsoever nature and/or howsoever arising
(including consequential or incidental loss or damage which shall include but
shall not be limited to loss of property or of profit, business, goodwill,
revenue, data or anticipated savings) or for any costs, claims or demands of
any nature whether asserted against DSE Group or against Customer by any party, arising
directly or indirectly out of the Service/s, their use, access, withdrawal or
suspension or out of any information or materials provided or not provided, as
the case may be.
8.2Subject to clause 8.1
above, the entire liability of DSE Group and Customer's exclusive remedy for
damages from any cause related to or arising out of this Agreement, regardless
of the form of action, whether in contract or in delict, will not exceed the
aggregate of the fees and charges paid by Customer under this Agreement for the
period of 12 (twelve) months preceding Customer's written notice to DSE Group
in respect of such claim.
indemnifies DSE Group against and holds DSE Group harmless from any claim by
any third party arising directly or indirectly out of access to or use of the
Service/s or information obtained through the use thereof or in respect of any
matter for which liability of DSE Group is excluded in terms of clause 8.1
8.4Because of the need to
conduct maintenance, repair and/or improvement work from time to time on the
technical infrastructure by means of which the Services are provided, the
provision of the Services may be suspended from time to time, and all liability
on the part of DSE Group of any loss or
damage (whether direct or consequential) thereby incurred or for any costs,
claims, or demands of any nature arising therefrom, is excluded, and the
provisions of clause 8.1 above shall apply mutatis mutandis to such
exclusion.Should the provision of the
Service/s be suspended by DSE Group for the purpose aforementioned for a period
in excess of 48 (forty-eight) consecutive hours, DSE Group shall give Customer
credit in an amount which represents a pro rata portion of Customer’s basic
monthly subscription fee for the month during which the said suspension
the Service/s provided include Hosting Services, then, notwithstanding anything
to the contrary contained in this Agreement, DSE Group reserves the right in its absolute discretion
and after the receipt by DSE Group of
any complaint from any governmental department, or any other third party
(including but not limited to any Internet industry body or any other
organisation) that Customer’s web site contains information that infringes
against any third party’s rights in terms of the Constitution of the Republic
of South Africa, the Electronic Communications and Transactions Act, any other
legislative enactment or regulation in force from time to time, or is
defamatory in nature, to immediately give written notice to Customer of DSE
Group ’ intention to remove the offending information or any portion thereof
from Customer’s web site. Should such offending information not be removed from
the web site by Customer within 24 hours of written notice to that effect, DSE
Group shall be entitled to immediately remove the offending information or any
portion thereof from Customer’s web site, or where it is not possible to remove
such content, to terminate the Web Hosting Services of such Customer. Any
removal or termination by DSE Group shall in no way constitute a breach by DSE
Group of this Agreement.
descriptive matter, drawings and other documents which may be furnished by DSE
Group to Customer from time to time:
9.2do not form part of this
Agreement and may not be relied upon, unless they are agreed in writing by both
parties hereto to form part of this Agreement;
9.3shall remain the property
of DSE Group and shall be deemed to have been imparted by it in trust to
Customer for the sole use of Customer. All copyright in such documents vests in
DSE Group.Such documents shall be
returned to DSE Group on demand.
the Customer hereto:
to make payment in full for a Service prior to use of that Service or;
agreed, is invoiced after the use of Service and fails to make payment in full
to DSE Group within 7 (seven) days of receipt of invoice;
any of the terms or conditions of this Agreement and fails to remedy such
breach, as the case may be, within 7 (seven) days after the receipt of written
notice from DSE Group;
any act of insolvency;
to compromise generally with its creditors or does or causes anything to be
done which may prejudice DSE Group’ rights hereunder or at all;
any judgement against it to remain unsettled for more than 10 (ten) days
without taking immediate steps to have it rescinded and successfully
prosecuting the application for rescission to its final end; or
placed in liquidation or under judicial management (in either case, whether
provisionally or finally) or, being an individual, his estate is sequestrated
or voluntarily surrendered;
Clause 10.1 is true, DSE Group shall have the right, without prejudice to any
other right which it may have against the Customer and in any event without
prejudice to DSE Group right to claim damages.:
or terminate the Services;
as immediately due and payable all outstanding amounts which would otherwise
become due and payable over the unexpired period of the Agreement, and to claim
such amounts as well as any other amounts in arrears including interest and to
cease performance of its obligations hereunder as well as under any other
contract with the Customer until Customer has remedied the breach; and/or
shall be liable for all costs incurred by DSE Group in the recovery of any
amounts or the enforcement of any rights which it has hereunder, including
collection charges and costs on an attorney and own client scale whether
incurred prior to or during the institution of legal proceedings or if judgement
has been granted, in connection with the satisfaction or enforcement of such
11.LIEN: The parties agree
that in the event of a breach of this Agreement by Customer which causes DSE
Group to suffer damages of any nature whatsoever, DSE Group shall not be
required to attach any of Customer’s hardware in execution, and shall be
entitled to retain a lien over such hardware in reduction of any debt due by
Customer to DSE Group.
12.CESSION AND DELEGATION
may not cede any of your rights or delegate any of your obligations under this
agreement without DSE Group express written consent.
Group shall be entitled, in its sole discretion and without notice to you, to
cede and transfer or delegate to any third party all or any of its rights or
obligations under this agreement.
13.1DSE Group shall not be liable for
non-performance under this Agreement to the extent to which the non-performance
is caused by events or conditions beyond the control of DSE Group, provided
that DSE Group makes all reasonable efforts to perform.
is expressly recorded that for purposes of this clause the following shall be
considered circumstances beyond the control of DSE Group and the force majeure
provisions shall apply:-
PSTS provider fault that affects the Service/s; and/or
non-performance, inability to perform or delay in performance by the PSTS
provider relating to the provisioning of equipment, services and/or facilities
to DSE Group that affects the Service/s; and/or
or omissions of any government, government agency, provincial or local
authority or similar authority, any laws or regulations having the force of
law, civil strife, riots, insurrection, sabotage, acts or war or public enemy,
illegal strikes, interruption of transport, lockouts, flood, storm or fire.
14.GOVERNING LAW AND
JURISDICTION: This Agreement will be governed by and construed in accordance
with the laws 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.
15.AMENDMENT OF THIS
AGREEMENT: DSE Group reserves the right to amend this agreement from time to
time with a minimum of 30 days’ notice to you. Any new version of the agreement
will be displayed on our web site together with the date on which it will
become effective, which will never be less than 30 days after the date on which
it is first displayed.
DSE Group intellectual property (including, without limitation, copyright,
trademarks, designs and patents) relating to or used in connection with the
Service/s provided under this Agreement shall belong to DSE Group.Customer undertakes that it shall at no time,
have any right, title or interest in the intellectual property and agrees that
it shall not (or permit any third party to) reverse engineer, decompile, modify
or tamper with the equipment or software owned by DSE Group, or any of its
third party suppliers. DSE Group shall notwithstanding anything to the
contrary, have no right, title or interest in any intellectual property that
belongs to the Customer and/or that the Customer has the lawful entitlement to.
warrants that it shall not use the Service/s to produce, host or present any
content in contravention of any person’s intellectual property rights, and in
particular warrants that it shall recognize, acknowledge and use any content in
accordance with any third party’s intellectual property rights. Customer
furthermore warrants that it has received all necessary permissions to make use
of any intellectual property relating to 3rd parties.
17.PROTECTION OF PROPRIETARY
party will keep in confidence and protect Proprietary Information from disclosure
to third parties and restrict its use to that which is provided for in this
Agreement.Either party acknowledges
that unauthorised disclosure or use of Proprietary Information may cause
substantial economic loss. All printed materials, containing Proprietary
Information will be marked with “Proprietary” or “Confidential”, or in a manner
which gives notice of its proprietary nature.Proprietary Information shall not be copied, in whole or in part, except
when essential for correcting, generating or modifying Proprietary Information
for either party’s authorized use.Each
such copy, including its storage media, will be marked with all notices, which
appear on the original.
party shall ensure that its employees comply with its obligations under this
clause shall survive termination or cancellation of this Agreement.
Agreement does not transfer to either party title to any intellectual property
contained in any Proprietary Information of the other party.
as expressly set out in this Agreement, DSE Group does not make any
representations nor gives any warranties or guarantees of any nature whatsoever
in respect of the Service/s and all warranties which are implied or residual at
common law are hereby expressly excluded.
limitation to the generality of 18.1 above, DSE Group does not warrant or
guarantee that the information transmitted by or available to Customer by way
of the Service/s:
be preserved or sustained in its entirety;
be delivered to any or all of the intended recipients;
be suitable for any purpose;
be free of inaccuracies or defects or bugs or viruses of any kind; or
be secured against intrusion by unauthorised third parties;
DSE Group assumes no liability, responsibility or obligations in regard to any
of the exclusions set forth in this clause.
19.SURETYSHIP: The signatory
to this Agreement, as the authorized representative of the Customer, hereby binds
himself/herself to DSE Group as personal surety and as co-principle debtor in
solidum with Customer for the due, punctual and proper fulfilment and
performance by Customer of all its obligations in terms of this Agreement. The
aforementioned signatory hereby renounces all benefits arising from the legal
exceptions of non numeratae pecuniae, non causa debiti, errore calculi and
beneficio excussionus et divisionis, with the force and effect of which he/she
hereby declares himself/herself to be fully acquainted.
20.DOMICILIUM CITANDI ET
all purposes, including but not by way of limitation, the giving of any notice,
the making of any communication and the serving of any process, Customer
chooses its domicilium citandi et executandi (“domicilium”) at the physical
address appearing on the application form to which these Standard Terms and
Conditions are attached.DSE Group
chooses its domicilium citandi et executandi (“domicilium”) at DSE Group.
Either party shall be entitled from time to time to vary its domicilium and
shall be obliged to give notice to the other within ten (10) days of the said
change.Any notice which either party
may give to the other shall be posted by prepaid registered post or hand
delivered to the other party’s domicilium and shall be presumed, unless the
contrary is proved by the party to whom it is addressed, to have been received
by that party on the tenth (10th) day after the date of posting or on the day
of delivery as the case may be.
21.DATA PROTECTION: DSE Group
reserves the right to put the names and other information from this form
relating to its Customers into a computerised directory for internal use only.
22.THIRD PARTY NETWORK
CONNECTIONS: If the Customer intends to connect their network to other wide
area networks (i.e. networks that are not DSE Group networks) they must first
obtain permission from DSE Group before committing to the other network
circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable
to this Agreement, the provisions of the CPA shall prevail in the event of a
conflict between any provision of this Agreement and the provisions of the CPA
variation, 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 authorized
representative from both DSE Group and Customer.
parties acknowledge having read and understood this Agreement and are not
entering into this Agreement on the basis of any representations not expressly
set forth in it.
party shall be bound by any express or implied term, representation, warranty,
promise or the like not recorded herein, whether it induced the Agreement
between Customer and DSE Group or not.
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
party 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.
the event that any provision of this Agreement conflicts with any statute,
ruling or order of any governmental or regulatory body from time to time, then
such provision of this Agreement shall be controlled by the statute, ruling or
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.
the event of any expiration, termination or cancellation of this Agreement,
provisions hereof which are intended to continue and survive shall so continue
and survive. In particular, termination or cancellation of this Agreement shall
not affect any rights or duties arising under it with respect to Proprietary
Information as set out in Clause 17 above.
terms and conditions appearing in the Schedule(s) hereto, are hereby
incorporated into the Agreement.In the
event of any conflict between the Standard Terms and Conditions of this
Agreement and those appearing in any Schedule/s hereto, these Standard Terms
and Conditions shall prevail. In respect of any conflict in respect of pricing
in the Agreement or the Schedules hereto, the costs set out in the Service
Schedule shall prevail.
terms and conditions, together with the Application Form, Schedule(s),
Annexures and attachments hereto, as well as the AUP found on the DSE Group
website, constitute the whole of the agreement between DSE Group and Customer relating to the subject matter
hereof, notwithstanding anything in Customer’s inquiry, specification,
acceptance, order or other documentation or discussion to the contrary.
Technology is changing at a rapid rate and it’s important to be aware of these changes. At Solid we love technology and we’re studying new ways of improving the tools we use, not only for the benefit our clients, but also to help our staff work more efficiently.
Passion for people
Our people are the heart of our business. They know how to build honest and long-term relationships. Combined with the most sophisticated tools available, they will always find solutions and deliver the answers in the best way possible.