SUBSCRIBER TERMS AND CONDITIONS

1.Definitions
1.1 “WiFi” means Wireless Local Area Network products
offered by Solidhope Tech in terms of the WiFi Terms and
Conditions found on the link at the end of these Subscriber
Standard Terms and Conditions.
1.2. “Agreement” The Subscriber Application Form setting
out the Subscriber’s details, together with all annexures
attached thereto, and these Subscriber Standard Terms and
Conditions.
1.3. “Charges” means charges related to the provision of the
Services including but not limited to, the connection charges,
monthly service charges, usage charges, charges related to
the Add Ons provided to the Subscriber in terms of the
Agreement, once-off costs for activation of Services, Costs of
subsidizing the Hardware, costs of acquiring the Subscriber,
administration costs, postage charges Hardware restoration
costs, packaging costs and any other charges pertaining to
the provision of the Services.
1.4. “Data Carry Over Rules” the policy of rule-s applicable to
the usage of data by the subscriber/s, which are available at
the following link : http://www.solidhope.co.za
1.5. “Downward Package Migration” moving from one
subscription level to another with a lesser subscription rand
value per month within the same technology.
1.6. “Effective Date” the date of conclusion of the
agreement, or the date of delivery of Hardware/Services to
the Subscriber that are the subject of this Agreement.
Whichever the later.
1.7. “Early Cancellation Charges” means the charges due to
Solidhope Tech including but not limited to the balance of
the contract, cooling off period cancellation charges to be
determined by Solidhope Tech, administrations costs, usage
charges, discounts provided, Costs of subsidizing the
Hardware, Hardware restoration and packaging costs,
monthly Service charges and any other charges pertaining to
the provision of the Services.
1.8. “HSPA” High-Speed Packet Access offered by Solidhope
Tech in terms of the HSPA Terms and Conditions found on the
link at the bottom of these Subscriber Standard Terms and
Conditions.
1.9. “Contract Term” A period of the agreement as indicated
on the application form, commencing on the Effective Date.
“Should this agreement not be renewed as herein provided it
shall thereafter continue on a monthly basis for an indefinite
period on the same terms and conditions.”
1.10. “Installation” The installation of Hardware on a location
or Subscriber laptop/desktop or similar device specified by the
Subscriber in an order.
1.11. “Internet” The interconnected system of networks that
connect computers around the world via the TCP/IP protocol.
1.12. “Licence” The national data telecommunication licence
granted to the Network Operator/Solidhope Tech to provide a
national data telecommunication service by means of a data
network.
1.13. “MDN” The mobile data network established and
operated by the Network Operator in terms of the licence.
1.14. “Services” Broadband wireless Internet access services,
value-added Internet Protocol (“IP”) services, virtual private
network (”VPN”) services, corporate managed data network
services, closed user group and video conferencing services
made accessible to the Subscriber by Solidhope Tech in terms
of the Agreement.
1.15. “Mobile Access Numbers” The mobile access numbers,
IP address, unique user name or subscription numbers used to
identify Subscribers having access to the Services.
1.16. “Order” An order placed by a Subscriber on Solidhope
Tech for the provision of the Services.
1.17. “Parties” Solidhope Tech/Network Operator and
Subscriber and “Party” refers to either of them as so
determined by the context.
1.18. “PPU” Pay-per-use as described and detailed in the Pay
Per use terms and conditions found on the link at the bottom
of these Subscriber Standard Terms and Conditions.
1.19. “Regulator” The Independent Communications Authority
of South Africa/ICASA”.
1.20. “Renewal Period” A period indicated by the Subscriber in
writing (except via SMS) or another recorded form,
commencing on the day immediately following the expiration
of the Contract Term, or an anniversary of the expiration
period, as the case may be.
1.21. “Solidhope Tech (Pty) Ltd, registration number
2016/291523/07 a company registered in terms of the laws of
the Republic of South Africa.
1.22. ”Service/s” The services chosen by the Subscriber in the
Application form including any add-ons which have their
specific terms and conditions.
1.23. “Subscriber” Any party to whom the Services are made
available in terms of the Agreement.
1.24. “Subscriber Application Form” means either the physical
or online application form completed by either a Business or
Individual Subscriber and forms part of the Agreement.
1.25. “Subscriber” means either the Corporate or Retail
Subscriber to whom the Hardware and Services are provided
in terms of this Agreement and whose details appear on the
application form, their successors or authorised assignees.
1.26. “Hardware” The type approved Solidhope Tech or other
applicable user hardware, including but not limited to the
antennas, modems, laptops, web phones and communication
cards used by a Subscriber to send and/or receive any data
signal via an MDN radio link and may include any other special
equipment provided by the Network Operator in order to
facilitate any future enhanced services to Subscribers.
1.27. “Upward Package Migration” moving from one
subscription level to another with a higher subscription rand
value per month within the same technology.
1.28. “Add Ons” Additional Services to the main Service/s
offered by Solidhope Tech from time to time.
1.29. “VAT” Value Added Tax as provided in the Value Added
Tax act 89 of 1991.
1.30. “VOIP” means Voice over Internet Protocol is a
technology for making telephone calls over the MPLS network;
2. Agreement, Effective Date, Term
2.1. The Agreement shall commence on the Effective Date
and shall, subject to any other termination provision stated in
this Agreement including the Application form and any other
addendum thereof, continue for the agreed contract term or
should no contract term be specified the default term shall be
24months from the effective date, and thereafter continue
on a month to month basis and/or for the specified Renewal
Periods unless terminated:
2.2. By the Subscriber, on expiration of the Contract Term or
a Renewal Period, as the case may be, by giving to Solidhope
Tech a written notice (except via SMS) of termination not less
than (1) one calendar month and not more than (3) (three)
calendar months before the expiration of the Contract Term
or the Renewal Period, as the case may be; and/or By the
Subscriber to Solidhope Tech in writing (except via SMS),
within a period of 7 (seven) calendar days from the Effective
Date.
2.3. The Subscriber acknowledges that Early Cancellation
Charges shall apply and that any Hardware returned as a result
of the subscriber terminating this Agreement in terms of this
clause has to be returned at the Subscriber’s expense and in its
original condition and packaging and/or by the subscriber for
any reason whatsoever prior to the expiry of the Contract
Term or Renewal Period, the Subscriber shall be obliged to pay
Solidhope Tech any Early Cancellation Charges as well any
other applicable Charges whether or not due at the time of
cancellation.
2.4. “By Solidhope Tech, after 20 business days notice to the
Subscriber to notify the Subscriber to rectify a material failure
such as non payment and the Subscriber has failed to do so.
Such notice shall not be required for a Subscriber which is a
juristic person as defined in the Consumer Protection Act
2008.”
2.5. By Solidhope Tech forthwith, in the event that the Licence
to provide the Services has been revoked, terminated or
amended by the Regulator for any reason whatsoever.
2.6. Notwithstanding the use of agents or other intermediaries
(Delegated Service Providers) by Solidhope Tech, the order by
the Subscriber is an offer made by the Subscriber to Solidhope
Tech and will be considered once received by Solidhope Tech.
2.7. Solidhope Tech’s acceptance of the offer shall consist of
the signing of the Subscriber Application form by the
Subscriber and/or delivery of the Hardware and/or Services to
the Subscriber, this shall constitute a valid binding Agreement
between Solidhope Tech and the Subscriber.
2.8. The Subscriber may not terminate the Agreement and
demand reimbursement for Hardware or any damages of
whatsoever nature as a result of the Subscriber’s relocation to
an area outside of Solidhope Tech’s coverage.
2.9. The Subscriber may not terminate the Agreement and
demand reimbursement for Hardware or any damages of
whatsoever nature as a result of the Subscriber’s suspension
of Services/Hardware.
2.10. It is the responsibility of the Subscriber to ensure that
he/she/it is satisfied with coverage in the area where the
Services are provided by Solidhope Tech. Should the
Subscriber opt to terminate the Agreement before the expiry
date, Solidhope Tech reserves its right to impose an Early
Cancellation Charge to the Subscriber.
2.11. Notwithstanding clause 2.1 above, the Subscriber may
renew the Agreement to a 12, 24 or 36 month Agreement with
not more than 3 (three) calendar months written notice
(except via SMS) and not less than 1 calendar month’s written
notice (except via SMS) to Solidhope Tech prior to the expiry
of the Contract Term or Renewal period as the case may be.
2.12. Should the Subscriber opt for early renewal, the
Subscriber will be responsible for any outstanding amount
owing under the Contract Term prior to commencing with the
renewed Agreement.
2.13. Notwithstanding any provision contained in this clause
2 or anywhere in these terms and conditions, Solidhope Tech
shall be entitled to terminate the Agreement at any time and
provide a reason for such termination in compliance with
applicable legislation.
2.14. The Subscriber acknowledges that, upon termination of
the agreement and where there has been unused data,
airtime or related service, Solidhope Tech shall not be
obliged to in any way, convert such unused data, airtime or
related service into credit on the Subscriber’s account and or
refund same to the Subscriber.
3. Supply and installation of Hardware and Services
3.1. The order placed by the Subscriber to Solidhope Tech is
subject to Solidhope Tech’s approval.
3.2. Solidhope Tech may in its discretion refer the Subscriber
to a third party who may undertake the installation of the
Hardware in its own name and behalf and not as an agent of
Solidhope Tech.
3.3. The Subscriber shall be responsible for obtaining all
necessary approvals and authorities imposed by any
competent authority or body (this includes but is not limited to
body corporates, provincial and local municipalities) and
required for the purpose of any such supply and/delivery and/
installation, the subscriber hereby indemnifies Solidhope Tech
against any claim or liability suffered by Solidhope Tech by
reason of such approval and authorities not having been
obtained.
3.4. All risk in and to the Hardware supplied and delivered by
Solidhope Tech to the Subscriber shall pass to the Subscriber
on delivery.
3.5. If any Hardware is lost, stolen or damaged, the Subscriber
shall immediately notify Solidhope Tech in writing and until
such notification, the Subscriber shall remain liable for all
charges pertaining to such Hardware. Solidhope Tech shall
soon as reasonably possible replace the Hardware. The cost of
this replacement equipment shall be for the Subscriber’s
account. Such loss, theft or damage and/or the replacement of
the Hardware and/or the allocation of a new mobile access
number for any reason, shall in no way be deemed to
constitute a termination of the Agreement which shall
continue to be of full force and effect.
4. Charges
4.1. In consideration for the provision of the Services,
Hardware and any other services supplied by Solidhope Tech
to the Subscriber, the Subscriber shall effect payment to
Solidhope Tech of the applicable charges, as detailed in the
application form and whether or not the Services have been,
or are being utilised by the Subscriber.
4.2. Solidhope Tech may, by written notice to the Subscriber,
vary future charges, either in the whole or in part, with effect
from the date specified in such notice.
4.3. Unless otherwise agreed to by Solidhope Tech in writing,
the Subscriber shall effect payment to Solidhope Tech:
4.4. For the supply, delivery, maintenance and installation of
Hardware on presentation of invoice and against such delivery.
4.5. Of monthly service charges monthly in advance and of all
other charges, monthly in arrears, in either event in full, within
7 days from date of the relevant invoice.
4.6. At Solidhope Tech’s premises or at the bankers of
Solidhope Tech in Pretoria. Where payment is made by the
Subscriber through a debit order, other electronic means or
any other intermediary, the Subscriber’s bankers or other
intermediaries shall act as the Subscriber’s agent and the
Subscriber shall have discharged its obligations only upon
payment being received by Solidhope Tech.
4.7. Notwithstanding the provisions of clause 4.3, Solidhope
Tech may at any time on reasonable written notice to the
Subscriber vary its invoicing and payment procedures and
requirements.
4.8. In the event that Solidhope Tech requires payment for the
services provided to the Subscriber to be made by debit order,
the Subscriber will commit a material breach of the Agreement
if the Subscriber: Cancels such debit order without the written
consent of Solidhope Tech.
4.9. Changes his banking details on which the debit order
relies, without giving Solidhope Tech prior notification of such
change and providing Solidhope Tech with the Subscriber’s
new banking details.
Provides the Service provider with incorrect banking details.
4.10. The Subscriber authorises Solidhope Tech to debit any
bank account held by the Subscriber for the costs owed by the
Subscriber to Solidhope Tech in terms of this agreement.
4.11. The Subscriber acknowledges that payments will be
debited from the account or credit card in the name of the
Subscriber (or in the name of any third party who has
consented thereto) as described in the Subscriber
Application form.
4.12. The Subscriber acknowledges that when there are
insufficient funds in the account or credit card of a third
party to cover the debit, Solidhope Tech reserves its rights to
debit the Subscriber’s banking account or credit card in respect of any Charges owned by the Subscriber to Solidhope Tech.
4.13. Solidhope Tech shall be entitled to levy an
administration Charge of R150.00 excluding vat and the
Subscriber agrees to pay such a Charge in the event that any
debit order or other form of payment is returned unpaid from
the account or credit card described in the Subscriber
application form.
4.14. The monthly invoices shall be sent by Solidhope Tech to
the Subscriber to the digital email address supplied by the
Subscriber to Solidhope Tech. It shall be the duty of the
Subscriber to check the invoice in order to ensure that the
contents thereof are correct. Unless a query is raised in
respect of the contents of the statement within 7 days from
the date thereof, the contents of the invoice shall be deemed
to be correct.
4.15. The Subscriber shall not be absolved from paying the full
remaining amount of the Subscriber’s agreement as a result
of incorrect invoices being sent and/or failure of Solidhope
Tech to send statements or invoices to the Subscriber.
4.16. In the event of an Upward Package Migration there
will be no fee charged. The data carry over rules will apply
based on the new package. The data will be equivalent to
the new package; the Subscriber will forfeit any data on the
old package. The data carry-over rules are available on the
following link: http://www.solidhope.co.za/
4.17. Any migration from one package option to another shall
for the duration of this agreement and be subject to Solidhope
Tech’s approval in its discretion and Solidhope Tech shall be
entitled to levy fees for migrations, but which fees may not
exceed the amounts approved or fixed by the responsible
regulatory authority from time to time. The Subscriber
acknowledges that there will be no data carried over in the
event of any type of migration.
4.18. In the event that the Subscriber has an existing separate
hardware contract, the Subscriber will still be liable for the
balance of the hardware.
4.19. Should a Subscriber want to migrate to any package with
a zero-rated hardware, the Subscriber will not be entitled to
receive such zero-rated hardware.
4.20. This zero-rated hardware is only available to Subscribers
who sign up for new Agreement/s Solidhope Tech reserves the
right to levy Charges and Early Cancellation Charges in
accordance with the provisions of this Agreement
4.21. Solidhope Tech reserves its right to cap off-net (internet)
and onnet (Solidhope Tech to Solidhope Tech) traffic as per its
capping limits applicable from time to time. In the event of the
Subscriber account being capped, Solidhope Tech reserves the
right to charge the Subscriber for every megabyte utilised
above the cap limit. The Subscriber indemnifies and holds
Solidhope Tech harmless for any loss suffered as a result of
incorrect amounts being debited in respect of applicable
changes.
4.22. The Subscriber shall be responsible for the costs of any
additional bandwidth or boosters purchased from Solidhope
Tech either online or otherwise. The Subscriber acknowledges
that there are time delays regarding the updating of the
information after purchasing bandwidth/boosters which will
be communicated to the Subscriber upon purchase. The
additional bandwidth or booster shall be subject to applicable
rules and reflected on the Acceptable and Fair Usage Policy as
amended from time to time and available on the following
link: http://www.solidhope.co.za/
4.23. The Subscriber will be responsible for the full usage of
voice charges incurred at all times.
4.24. Customer agrees that it shall at all times be responsible
for payment of any and all charges incurred by it arising from
the use of the voice services provided to it in terms of this
Agreement. It being agreed that such usage charges may
include without limitation
4.24.1. Charges incurred by the Subscriber (or any other
person or entity) regardless of whether or not the use was
permitted or even known to the Subscriber
4.24.2. Charges incurred as a result of any sot cap or credit
limit imposed being exceeded.
5. Suspension
5.1. Should the Subscriber fail to perform any of the
subscriber’s obligations, or breaches any terms of the
Agreement in which event Solidhope Tech may also suspend
the Subscriber’s use of the Hardware and/services.
5.2. Should the Subscriber fail to effect payment timeously as
per clause 4.5 in which event Solidhope Tech may also
suspend the Subscriber’s use of the Hardware and/services
5.3. If Solidhope Tech is unable to provide the Services to the
Subscriber at Solidhope Tech’s discretion for any reason
whatsoever.
5.4. The Subscriber allows unmonitored access to the Services
to children under the age of 16 years.
5.5. Solidhope Tech reserves the right to require the
Subscriber to effect payment of any applicable reconnection
charges pursuant to the restoration of the Services suspended
in the circumstances contemplated in clause 5.2 In the event
that the Subscriber’s access to the Network is suspended, the
Subscriber shall still be liable for the monthly service charges
during any such period of suspension.
6. Limitation of liability
6.1. Without detracting from any of the other provisions of the
Agreement, Solidhope Tech shall not be liable to the
Subscriber for any loss or damage suffered by the Subscriber
and whether the same is direct or consequential, in the event
that: Solidhope Tech fails for any reason whatsoever to supply
and/or deliver and/ or provide installation of any Hardware
either on the required date or at all; and/or The Services are
interrupted, suspended or terminated for whatsoever reason;
and/or Solidhope Tech fails to suspend the provision of the
Services to the Subscriber in term s of an arrangement
between Solidhope Tech and the Subscriber or after the
Subscriber has specifically requested Solidhope Tech to do so
in order to limit the charges; and/or Such loss or damage was
caused by any negligent act or omission on the part of
Solidhope Tech, its employees or its agents.
6.2. Solidhope Tech shall not be liable to the Subscriber in
any circumstances whatsoever for any loss, injury or damage
of any nature whatsoever or howsoever arising and whether
in agreement or in delict, including loss of any other special
damages, indirect or consequential loss or damages which
the Subscriber or any other person may sustain, whether as a
result of any breach of this agreement by Solidhope Tech or
whether caused directly or indirectly by the Hardware or the
use thereof, and the Subscriber hereby indemnifies
Solidhope Tech and holds it harmless against any claim by
the subscriber or any other person The subscriber hereby
indemnifies Solidhope Tech against any claims arising out of:
force major or Acts of God (e.g., fire, flood, inclement rather,
epidemic, or earthquake); war or act of terrorism, including
chemical or biological warfare, labour disputes, lockout,
strike, embargo; governmental acts, orders, or restrictions;
failure of suppliers or third persons; or where the claim is a
result of an action that is beyond Solidhope Tech’s reasonable control.
6.3. Solidhope Tech shall not be liable for any fraudulent
activities that may occur due to access by third parties into the
Subscriber’s account/connection/premises/voice platform.
6.4. The Customer shall remain liable for the voice account in
the event of such fraudulent activity taking place in the
Subscriber’s account.
6.5. Solidhope Tech reserves its right to scan the Subscriber’s
voice platform/hardware for any external vulnerabilities/risks.
6.6. Should Solidhope Tech detect a vulnerability/risk,
Solidhope Tech will advise the Subscriber accordingly and
require the Subscriber to eliminate or mitigate the
vulnerability/risk at the Subscriber’s expense before providing
the Service/s.
7. Breach
7.1. If the Subscriber commits a breach of any of the terms and
conditions hereof and remains in default for a period of 20
(twenty) business days after delivery to the Subscriber of a
written notice (”notice of breach”) from Solidhope Tech calling
for such breach to be remedied “(which notice shall not be
required if the Subscriber is a juristic person as defined in the
Consumer Protection Act 2008), Solidhope Tech shall be
entitled forthwith and without further notice to the Subscriber
to either terminate the Agreement or claim specific
performance of all the Subscriber’s obligations, including the
immediate payment of all sums of money payable by the
Subscriber, whether or not then due, in either event without
prejudice to Solidhope Tech’s right to claim such damages as it
may have suffered by reason of such breach or failure.
7.2. Without prejudice to the provisions of clause 7.1 above,
Solidhope Tech may forthwith terminate the Agreement at any
time by giving Subscriber written notice of such termination if
(i) the Subscriber fails to make payment of any charges on or
before the due date for payment thereof; and/or (ii) the
Subscriber within a 12-month period calculated from a notice
of breach, receives a further two notices of breach; or (iii) in
the event that the Subscriber is sequestrated, liquidated or
placed under business rescue, irrespective of whether any of
the aforesaid are provisional or final; or voluntary or
compulsory.
7.3. Any termination pursuant to the preceding provisions of
this clause shall be without prejudice to any claim Solidhope
Tech may have against the Subscriber in respect of any prior
breach of the terms and conditions of the Agreement by the
Subscriber.
7.4. Without derogating from any other rights or remedies
available to Solidhope Tech in terms of the Agreement or at
law, in the event of the Agreement being canceled by the
Subscriber (for whatsoever reason) prior to the expiry of the
Contract Term or any Renewal Period, or in the event of
Solidhope Tech electing to terminate the Agreement
pursuant to any breach by the Subscriber which entitles
Solidhope Tech to cancel:
7.5. The Subscriber shall be liable to Solidhope Tech and
hereby agrees to pay on demand, the full charges payable to
Solidhope Tech for the remainder of the Contract Term or
Renewal Period, as the case may be. The charges shall include
Legal Costs as between attorney and own client, Collection
Charges, Early Cancellation Charges, Cancellation Charges as
well any other applicable Charges whether or not due at the
time of cancellation.
8.Insurance
8.1. Solidhope Tech acts as a collection agent for insurance
brokers and/ or underwriters in respect of the optional
insurance of the Hardware and related risks as referred to the
schedule or application form. Solidhope Tech shall not be
liable to the Subscriber under any policy issued or claim
declined pursuant to the Subscriber’s election to take
insurance as provided in the schedule.
8.2. Unless the Subscriber specifically elects to take insurance
for the Hardware and related risks or in accordance with the
procedures introduced by Solidhope Tech from time to time,
the Subscriber shall not be covered in respect of the Hardware
and related risks.
8.3. If at any stage before or after the Subscriber elects to take
insurance, the Subscriber requests from Solidhope Tech a
summary of the terms and conditions of the applicable
insurance policy, Solidhope Tech shall use its best endeavours
to furnish same to the
Subscriber as requested. It shall be the responsibility of the
Subscriber to obtain and familiarise himself with the terms and
conditions of the insurance policy applicable.
8.4. It shall be the responsibility of the Subscriber to insure the
Hardware with any other insurance provider and to ensure
that the premiums in respect of the insurance policy are paid
timeously and in full. If the insurance is provided through
Solidhope Tech and for any reason, Solidhope Tech omits to
include insurance charges in a statement to the Subscriber; the
Subscriber shall forthwith notify Solidhope Tech of such
omission. Solidhope Tech may rectify the omission by debiting
the Subscriber’s account with any amounts in arrears, subject
to any terms and conditions which may be applicable under
the relevant policy.
8.5. Save as provided herein, any queries which the Subscriber
may have regarding or arising from the insurance of the
Hardware and related risks, shall be directed to the insurance
administrators or brokers, as the case may be whose
particulars may be obtained by the Subscriber from Solidhope
Tech.
9.General
9.1. In the event of the Subscriber failing to effect payment
of any amount owing by them to Solidhope Tech on due
date, then without derogating from Solidhope Tech rights in
terms of clause 7, the Subscriber shall be liable to effect
payment of interest to Solidhope Tech on the amount so
owing at the prime interest rate as published from time to
time by ABSA Bank Limited plus 2% (percent), from due date
to date of payment.
9.2. Unless specifically stated otherwise, all prices and charges
set out in the Agreement and any price list are exclusive of
Value-Added Tax and exclusive any other applicable tax or
duty, the liability of which shall vest with the Subscriber.
9.3. The rights and obligations of the Subscriber in terms of the
Agreement may not be ceded or delegated to any third party.
The rights and obligations of Solidhope Tech in terms of the
Agreement may be ceded and delegated by it to any other
party on written notice to the Subscriber.
9.4. Solidhope Tech may change the terms and conditions of
this agreement as a result of changes in taxes, laws,
regulations, the terms and conditions of the Licence issued to
Solidhope Tech,. Solidhope Tech shall notify the Subscriber of
any changes as contemplated herein in writing.
9.5. A certificate under the hand of any Manager of Solidhope
Tech whose capacity and authority need not be proved
certifying the sum of any amount owing by the Subscriber to
Solidhope Tech shall be prima facie proof of its contents and
sufficient proof for the purposes of enabling Solidhope Tech to
obtain any judgment or order against the Subscriber.
9.6. In addition to these terms and conditions the Subscriber
shall be bound by the terms and conditions applicable to the
Add Ons offered by Solidhope Tech. The Subscriber may be
required to subscribe to Solidhope Tech Add Ons which forms
part of a mandatory subscription. The Subscriber shall,
however, have a right to request to be exempted from such a
subscription, which exemption shall be provided at the sole
discretion of Solidhope Tech.
9.7. In the event of Solidhope Tech instituting legal
proceedings against the Subscriber to recover amounts due to
Solidhope Tech or take any other legal steps arising out of the
Agreement, the Subscriber shall be liable for legal costs on the
scale as between attorney and own client consults its
attorneys relating to a breach of the Agreement by the
Subscriber or” before “instituting whether or not legal steps
have been instituted.”
9.8. Should the Subscriber be placed under administration,
sequestration or liquidation proceedings, business rescue or
suffer any other legal disability which will negatively affect
the Subscriber’s ability to make payment to the Service
provider, the Subscriber is required to notify Solidhope Tech,
in writing (except via SMS) within 7 (seven) days of
occurrence of the aforementioned events.
9.9. The Subscriber may not allow children to access the
internet services unmonitored and that they do not access
websites that have illegal content, including but not limited to
pornographic content and/or gambling.
9.10. Calls made to premium rate numbers, either local or
international are done at the customer’s risk and the customer
remains fully responsible for the payment tariffs thereof.
9.11. Provision of services is subject to stock availability.
9.12.Provision of services may subject to standard credit vetting
processes and approval by Solidhope Tech.
9.13.Pricing for certain services may be subject to change from
time to time due to currency exchange rate fluctuations,
equipment.
9.14.Pricing of certain services such as Satellite, Fibre and/or
Microwave access may be subject to a feasibility study and/or
site survey, which could result in additional installation costs..
9.15.Where applicable, Solidhope Tech retains the right to
determine and provision the access medium it deems most
suitable for the customer.
9.16.In the event that the feasibility and/or site survey results
are deemed not viable to proceed, either party is entitled to
cancel the order.
9.17.By accepting this terms and conditions you allow
permission (landlord approval) to Solidhope Tech and or its
contractor(s) to install any customer premise equipment,
required for the service at the relevant site(s) stipulated in this
proposal/quote.
10.Consent/Authority
10.1. The Subscriber hereby consents/authorizes Solidhope
Tech to disclose the Subscriber’s name, address and personal
details to any party whenever it is reasonably necessary for
Solidhope Tech to properly perform its functions or protect its
interests, or for the purpose Of enabling the Network
Operator or Solidhope Tech to provide emergency Services to
the Subscriber, or directory or repair services and information
to Network users generally. In addition, the Subscriber
consents to Solidhope Tech using any information supplied by
the Subscriber of the purposes of informing Subscribers of
Solidhope Tech and/or Solidhope Tech affiliates or partners’
services which may interest the Subscriber from time to time.
10.2. The Subscriber hereby consents/authorises Solidhope
Tech at any time, without notice to the Subscriber to obtain
information about the Subscriber’s profile from any authorised
and registered credit reference agency in the Republic of
South Africa. The Subscriber consents/authorises Solidhope
Tech to provide regular reports in respect of Subscriber’s
payment conduct to any authorised and registered credit
reference agency in the Republic of South Africa.
10.3. The Subscriber consents/authorises receiving marketing,
promotional updates and client satisfaction surveys from
Solidhope Tech.
11.Sale of Hardware and conditions applicable:
11.1. The sale of Hardware by Solidhope Tech to the
Subscriber at a subsidised price as set out in the Schedule and
application form shall be subject to the following terms and
conditions: All risk in and to the Hardware supplied and
delivered by Solidhope Tech to the Subscriber shall pass to the
Subscriber on delivery.
11.2. Ownership in the leased Hardware will remain vested in
Solidhope Tech The Subscriber shall have the option of
purchasing the hardware at the expiry of the agreement
provided that the Subscriber notifies Solidhope Tech of its
intention to purchase same not later than 10 business days
before the expiry of the
Agreement.”
11.3. Solidhope Tech obligations in terms of any warranties
pertaining to the Hardware shall be limited to the one (1) year
from the Effective date. Furthermore, the warranties are
subject to the manufacturers prescribed warranties. All
delivery costs shall be for the Subscriber’s account. Warranties
exclude negligence, misuse, abuse, Power surges and incorrect
installations.
11.4. Should the Subscriber, upon purchase of the Hardware
discover any fault or defect in the Hardware, the Subscriber
shall within 3 days of purchase return the Hardware to
Solidhope Tech in the same condition and packaging as the
Hardware was purchased along with the proof of purchase.
Solidhope Tech shall replace the damaged of faulty Hardware.
In the event of the Subscriber not returning the Hardware
packaging to Solidhope Tech, Solidhope Tech may charge the
Subscriber a packaging fee.
11.5. The Solidhope Tech reserves its right to limit the number
of Hardware that may be linked to a Subscriber account. The
Subscriber may only log onto the network once from each
account and may not establish multiple log-on sessions
simultaneously from the same account. Solidhope Tech
reserves its right to charge an additional subscription amount
to allow multiple simultaneous log-ons to the network from
the same account.
11.6. If the Subscriber migrates from one package option to
another, Solidhope Tech may vary the amount of the subsidy
applied at the time of the sale of the Hardware to the
Subscriber. If the subsidy amount is reduced, Solidhope Tech
shall be entitled to require the Subscriber to pay to Solidhope
Tech the amount by which the subsidy has been reduced. It
being understood that this charge does not constitute a migration fee, but enables Solidhope Tech to adjust the subsidy amount to the amount that would have been applicable at the time of sale of the Hardware if the Subscriber had first chosen the package option to which the Subscriber is changing.
11.7. Should the Subscriber return the Hardware for any
reason whatsoever, the Subscriber shall furnish Solidhope
Tech with the original tax invoice provided on purchase of the
Hardware.
12.Miscellaneous Matters
Postal address:
12.1. The parties hereby choose the following addresses as
their respective chosen domicilium citandi et executandi for
delivery of all notices and court processes.
12.2. Solidhope Tech at 7071 Ajowan Street, Lotus Gardens,
0008 (Marked for the attention of the Director)
12.3. The Subscriber at the physical address stated in the
application form.
12.4. Notices shall be sent either by prepaid registered post or
delivered by hand or by e-mail to the addressee at the chosen
address.
12.5. If sent by prepaid registered post the notice shall be
deemed to have been received by the addressee within 5
business days after posting. If delivered by hand or e-mail the
notice shall be deemed to have been received on the date of
transmission or delivery against which a written receipt must
be obtained.
12.6. Should the Subscriber become aware of the notice
otherwise than as herein stipulated the notice shall be
deemed to have been duly delivered on the addressee
becoming so aware.
12.7. No notice may be given by facsimile or sms.
12.8. Each party may change its given address upon giving
written notice thereof to the other at least 10 business days
prior to the change being effected.
12.9. At all times the chosen address must be within the
Republic of South Africa and not a poste restant.
13.No Representations: Neither party may rely on any
representation which allegedly induced that party to enter
into the Agreement, unless the representation is recorded in
the Agreement.
14.Amendment And Waiver: On written notice given to the
subscriber Solidhope Tech reserves its right to amend these
terms and conditions from time to time. No failure, delay,
relaxation, or indulgence on the part of Solidhope Tech in
exercising any power or right conferred upon it in terms of this
agreement shall operate as a waiver of such power or right,
nor shall any such failure, delay, relaxation or indulgence be
deemed to be a novation waiver or substitution of any of the
terms and conditions of this agreement including this clause.
15.Indulgences:

If either party at any time breaches any of
that party’s obligations under the Agreement, the other party
(”the aggrieved party”): “It is expressly agreed that any
indulgence shown extension given or right waived whether
relating to payment due hereunder or any other matter or
thing shall in no way operate as an estoppel against the
indulgent party nor in any manner limit such party’s rights
hereunder or modify or alter same and the parties shall be
entitled at any time to exercise their rights hereunder as
though no indulgence was shown extension given or right
waived.
15.1. Save as otherwise herein provided neither this clause
nor any other part nor the whole of this agreement may be
amended varied substituted suspended waived relaxed
novated cancelled or reinstated or time for performance
extended unless such act be reduced to writing and signed
by the parties hereto or their agents duly and specifically
authorised thereto in writing.” Shall not be prevented from
exercising the aggrieved party’s rights arising out of the
breach, despite the fact that the aggrieved party may have
elected or agreed on one or more previous occasions not
to exercise the rights arising out of any similar breach or
breaches.
16.Applicable law:

The Agreement shall be interpreted and
implemented in accordance with the laws of the Republic of
South Africa.
17.Blacklisting:

The Subscriber hereby gives permission to
Solidhope Tech to register the information into the
Subscriber’s payment conduct to any registered credit Bureau.
17.1. The Subscriber waives its/his/her right to claim against
Solidhope Tech in relation to the disclosure of information
related to this provision. Solidhope Tech will give the
Subscriber 20 (twenty) business days of its intention to provide
to a credit bureau any adverse payment information; and
Solidhope Tech reserves its right to Blacklist the Hardware on
the blacklisted account to prevent the further usage thereof.
18.Acknowledgments:

The Subscriber acknowledges having
read and accepted the terms and conditions of the Acceptable
and Fair Usage Policy on Solidhope Tech website as well as the
terms and conditions as set out herein.
18.1. The Subscriber acknowledges that these terms and
conditions may vary from time to time and shall be updated on
Solidhope Tech’s website. The Subscriber further
acknowledges that the terms and conditions available on
Solidhope Tech’s website will be applicable and binding in
respect of any dispute arising.
18.2. The Subscriber acknowledges that any Add Ons supplied
to the Subscriber is in accordance to a separate agreement
that the Subscriber is entering into. The Add Ons are governed
in accordance with their own terms and conditions.
18.3. Furthermore, the Subscriber acknowledges that these
terms and conditions will remain in force and effect until the
end of the agreement entered into with the Subscriber.
18.4. The Subscriber acknowledges that Solidhope Tech
reserves the right to not provide any free or promotional
initiatives to downward migrated contract/s.
18.5. You acknowledge that the display of products is not a
guarantee of the availability of any Hardware and that
certain Hardware products may not be in stock at the time
of submitting your order and delivery thereof may be
delayed.
18.6. Notwithstanding this, such delay/s shall not entitle the
subscriber to withdraw the subscriber.
18.7. Subscribers your order unless we agree with you in
writing that the duration of delay is unreasonable.
18.8. The Subscriber acknowledges that the Service is provided
on a best effort basis, Solidhope Tech may not be held liable
for any consequence/s as a result of the result of the failure of
the Service to fulfil the Subscriber’s expectations.
18.9. The Subscriber acknowledges having read the voice rates
as published on http://www.solidhope.co.za.
19.Interception of communications:
19.1. Subject to the provisions of Regulation of Interception
of Communications and Provision of Communication related
information Act (RICA), 70 of 2002, the Subscriber
acknowledges Solidhope Tech’s right to intercept, block,
filter, read, delete, disclose and use all
communications/data sent or posted via Solidhope Tech’s
network.
20.Security
20.1. The Subscriber acknowledges that there is a password
that will be provided upon activation of the Services and that
the responsibility lies with the Subscriber to change the
password to avoid access by any unauthorised user.
20.2. The Subscriber further acknowledges that no
unsupervised access to the Service will be allowed to minors.