STANDARD TERMS & CONDITIONS: (Forming part of SERVICE AGREEMENT SECTION C)
1. This Service Agreement, which includes these Terms & Conditions, the Service Application and the Debit Order Instruction, comes into effect once same has been signed by the Customer and the installation go-ahead has been confirmed by Talkn’Surf.
In terms hereof Talkn’Surf shall provide the Customer with the telecommunications equipment and/or internet, voice and data services as agreed upon by Talkn’Surf in exchange for the agreed fees. Installation and equipment cost are to the subscribers account and an installation invoice will be issued accordingly.
2. All installation costs, where no financing option is selected, are as per invoice and are due upon receipt of invoice as follows: (60% on receipt & 40% on activation). For the financing option the full amount of the initiation fee is payable against presentation.
3. Where payment terms, for hardware, are selected, all hardware purchased under such terms remains the property of Talkn’Surf cc until fully paid for.
4. Installation date will be confirmed by the technical department, within 7 working days, after all the required documentation and stipulated payments have been received. Please note that installation is subject to the on-site coverage, signal strength and connectivity assessment. Should the results of the assessment prove not to be viable, the installation will be aborted.
5. Services will be live within 48 hours of installation and the balance of the deposit (40%) is due for payment. Billing will commence after successful installation, pro-rata from date of activation. AC power, power plugs, sleeve, conduits and ducts for cables to be supplied by the Customer, with draw wires. Trenching is to be done by the Customer.
Any additional equipment not included on the installation invoice or monthly downpayment, shall be due and payable in full after installation completion.
6. All Invoices will be submitted for payment to the E-mail address stated above.
7. Invoices will be issued on the first work day following the 25th of each month. All pricing include VAT @ 14%, unless otherwise specified. The service fees consist of fixed monthly costs that are billed monthly in advance and variable costs are billed monthly in arrears, payable by EFT on the 3rd of each month or Debit Order. Payment must be received by 3rd of the following month for the full amount due.
Once-off amounts, equipment/hardware purchased, installation cost, additional works, etc are billed as ad-hoc invoices payable on presentation, unless otherwise arranged with the Accounts Department. Insurance claims are a matter between the subscriber and his insurer, and no payment delay to Talkn’Surf will be accepted due to the claims settlement process.
8. Should the Customer’s debit order return unpaid or failure of paying on 03 (third) of the month, Talkn’Surf will notify the Customer of same and the Customer will have 7 days to pay the account failing which the services may be disconnected. If Talkn’Surf’s services have been suspended due to non-payment by the Customer, Talkn’Surf may charge a reconnection fee upon receipt of payment to reconnect the services. Talkn’Surf cc reserves the right to charge interest on overdue accounts. By signing the Service Agreement, the authorised signatory gives Talkn’Surf full permission to enter the Customer’s premises and remove all unpaid Talkn’Surf equipment and materials, at any
date or time convenient to Talkn’Surf, should the Customer be in breach of this Service Agreement. Collection of the unpaid equipment and materials is in addition to any other rights and remedies Talkn’Surf has in law, including termination of this Service Agreement and claiming damages.
9. All equipment remains the property of Talkn’Surf until fully paid for. Services may be disconnected if accounts remain unpaid for more than 7 days from the due date.
10. Take note: Talkn’Surf requires that all equipment be fully insured by the Customer and connected to power surge and lightning protection equipment provided by the Customer, whether paid for in full or on payment terms. Talkn’Surf will not be held accountable for any equipment and/or data damages or losses.
11. If equipment is damaged while at the Customer’s premises or in the Customer’s control, Talkn’Surf will replace the damaged equipment and same will be billed for after the work has been done. Defective equipment will also be replaced by Talkn’Surf and be billed for after the work has been done but should the equipment be replaceable under warranty; a credit will thereafter be passed to the Customer’s account.
12. The subscriber is to ensure adequate security on all devices connected to the service of Talkn’Surf cc and no credit is due to the subscriber due to unauthorised usage (Including viruses, Bit torrents, Social media etc). The Customer shall ensure that their antivirus protection software is updated.
13. The subscriber may not alter any settings in, or tamper with, the CPE.
14. All equipment carries a 12 (twelve) month on-site warranty from date of
installation/delivery, unless specified otherwise on quotations, excluding power, lightning surges, act of god and any non-warranty related causes.
15. This service is offered on a “Best Effort” basis and Talk ‘n Surf cc cannot be held responsible for connectivity, network and/or customer downtime problems, or any loss or damage associated thereto, or any “line-of-sight” and “external factors” that could affect the quality of the connectivity after installation completion. All connectivity, telephone or data problems must be reported to Talkn’Surf technical help desk via email to email@example.com and may be escalated via a telephone call to 032-815 1007 (technical support) or via WhatsApp/SmS message to 0618238986.
16. The Technical Support Desk is there to support the contracted services by Talkn’Surf. Any non-contracted services requiring “Team Viewer” or other remote support may be charged at the current labour rate.
17. The subscriber accepts that the usage as measured by the Talk n’ Surf cc DataTill-Radius server is a correct reflection of actual usage.
18. Our Fair Usage Policy (FUP) applies to all Uncapped/Shaped packages and once initiated, the user’s contracted bandwidth will reduce by 50% for the remainder of the month.
19. Data Top-Ups on capped packages can be done by SmS confirmation, automatic top-up arrangement or direct logon into your account on DataTill-Server. (details to be requested for self-usage/managing)
20. Uncapped packages are subject to our acceptable use policy.
21. All charges are subject to change with 1 (one) calendar months notice from Talkn’Surf.
22. Support is offered Monday to Friday 08h00 to 16h30 excluding public holidays per email to firstname.lastname@example.org or 032-815 1007.
23. Talk n’ Surf cc or any of its employees shall not be held liable for all holes, mounting bolts etc, or any damage to the subscribers property, caused while Installation or removal of hardware.
24. All amendments or cancellations must be sent to email@example.com or faxed to 08655626209
25. All contracts are valid for 12 months; thereafter continue on a month to month basis, except where the option of 24-month instalment period for hardware has been selected, a minimum 24-month contract period is applicable.
26. Notice period for cancellation is 1 calendar month, after the initial contract period is complete.
27. For the purpose of this Service Agreement, including the giving of notices and the serving of legal process, the Customer chooses its domicilium citandi et executandi to be the physical or email address set out in the Service Application hereto. A notice in terms of this Service Agreement shall be presumed to have been duly given, if delivered, on the date of delivery, if sent by facsimile or e-mail, on the day that the facsimile or e-mail is transmitted.