Vodacom Business ADSL – capped Service Schedule
These terms shall be governed by the terms and conditions contained in
the General Terms and Conditions and shall be deemed to be
incorporated therein by reference.
1.
2.1
VSP shall make the Services available to the Customer
throughout the duration of the Contract save and except in
circumstances beyond the control of VSP and subject to the
terms and conditions herein contained read together with the
General Terms and Conditions.
2.2
The Customer acknowledges and agrees that VSP is not
responsible for the speed provided on the last mile access
portion, same being provided by a third party (in this case
Telkom). Telkom’s terms and conditions are posted at
http://www.telkom.co.za/products/dsl/conditions.html.
3.
Commencement And Duration
3.1
Notwithstanding the date of signature hereof, the commencement
date of the Contract shall be deemed to be the date of activation
of the Service.
Where the Customer elects –
to purchase the CPE at a price to be amortised over the contract
period; or
to lease the CPE from VSP in terms of an operating lease, the
Contract shall remain in force for the initial period selected by the
Customer and noted on the cover page to this Service Schedule,
as the case may be, (“the Initial Period”) whereafter it shall
automatically be renewed for an indefinite period subject to
termination on not less than 1 (one) calendar months written
notice, provided that no notice may be given so as to require
termination prior to the expiry of the Initial Period.
Where the CPE is purchased by the Customer at VSP’s listed
price, the Contract shall remain in force for an indefinite period,
subject to termination on not less than 1 (one) calendar months
written notice.
Definitions
1.1
For the purposes of the Contract, the following terms shall have
the meanings assigned to them below:
1.1.1 “Acceptable Use” means a maximum of 5GB or 10GB
bandwidth within a month, as agreed upon. Additional 1GB or
3GB bandwidth top-up accounts can be purchased by the
Customer, as and when required;
1.1.2 “the Contract” means the terms governing the provision of the
Service, including this Service Schedule read together with the
General Terms and Conditions;
1.1.3 “the CPE” means the customer premises equipment either
owned by the Customer or supplied and owned by VSP and
installed at the Customer’s premises to enable the Customer to
gain access to the Service, including any Software embedded
therein or used in conjunction therewith;
1.1.4 “the Equipment” means any equipment owned, operated,
installed and/or leased by VSP and/or Vodacom, including any
Software embedded therein or used in conjunction therewith;
1.1.5 “Monthly Service Charge” means the monthly charge raised by
VSP on the Customer in regard to the Service, as varied from
time to time, it being recorded that the Monthly Service Charge
applicable at the time of signature hereof is recorded in the
Pricing Appendix;
1.1.6 “the Pricing Appendix” means the document attached to this
Service Schedule detailing the charges payable by the Customer
for the Service;
1.1.7 “the Service” means the Service in terms of which VSP provides
capped access to the internet to the sites set out in the Site
Appendix, by means of the Asynchronous Digital Subscriber Line
technology. The usage capped model is such that data bundles
of either 5GB or 10GB bandwidth for both shaped and unshaped
traffic are made available and that when a bundle has been
completely utilised in a calendar month capping will be applied
unless a top-up bundle of either 1GB or 3GB bandwidth is
purchased by the Customer;
1.1.8 “the Site Appendix” means the Customer’s sites able to access
the service as set out in the document attached hereto;
1.1.9 “Software” means any computer programme, software or other
materials installed or provided by or on behalf of VSP and/or
Vodacom for the purpose of using any Equipment or the Service,
including any computer programme, software or other materials
embedded in or used in conjunction with Equipment and/or any
electronic communications system or equipment operated or
maintained by VSP and/or Vodacom;
1.1.10 “Users” means the relevant authorised delegate of the
Subscriber making use of the Services provided by VSP in terms
of the Contract;
1.1.11 “VOIP Calls” means voice packets, either originating or
terminating with the Customer, transmitted using the voice-overinternet- protocol;
1.1.12 “Vodacom” means Vodacom (Pty) Ltd, registration number
1993/003367/07.
1.2
All other words, expressions and phrases not specifically defined
herein shall have bear the meanings assigned to them under the
General Terms and Conditions or where not defined therein, their
generally understood meaning in the ICT industry.
2.
3.2
3.2.1
3.2.2
3.3
4.
Obligations Of The Customer
4.1
The Customer shall be responsible for procuring and maintaining,
in its name and at its expense, all necessary permits and
consents required for the installation and/or use of any
equipment, including without limitation, the Equipment in
conjunction therewith for the duration of the Contract.
The Customer acknowledges that VSP shall not support or
manage infrastructure not supplied by it or controlled by it.
The Customer shall –
ensure all equipment connected to or used in conjunction with the
Service is connected or used in accordance with applicable South
African laws, rules and/or regulations and shall obtain the prior
written approval of VSP before connecting or permitting any third
party to connect any equipment to any electronic communication
system operated by Vodacom or any Equipment;
ensure that the Service is used strictly in accordance with VSP’s
Acceptable Use Policy posted at www.vodacom.co.za/business
and the provisions of clause 9 below;
promptly comply with all notices, instructions or directions given
by VSP in respect of the installation, use or operation of the
Service, Software and all equipment;
install, use and maintain all Equipment in good working order (fair
wear and tear excepted) in accordance with the specifications,
guidelines and recommendations of VSP and the vendor thereof
and shall disconnect and/or cease to use such Equipment at the
request of VSP;
4.2
4.3
4.3.1
4.3.2
4.3.3
4.3.4
Provision Of The Service
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4.3.5
4.3.6
4.3.7
4.3.8
4.4
4.4.1
4.4.2
4.4.3
4.4.4
4.4.5
5.
at all times retain custody and control of the Equipment at the
premises occupied by the Customer or such other premises as
VSP may have approved for such purpose;
provide at its own expense, as and when required by VSP, all
facilities and resources necessary for the proper installation,
operation and maintenance of the Service and all Equipment,
including without limitation, power points, electricity, conduits and
appropriate access;
ensure that all equipment (other than Equipment) and all Software
installed by or for the Customer and used in conjunction with the
Service is compatible with and will function with all other
equipment and Software; and
ensure that in the event of installations by VSP personnel or
contracted installer, the Customer shall be present in such case
and shall sign the installation completion certificate on completion
thereof.
The Customer shall not use or permit the use of the Service or install, connect or link or
use (or permit the installation, connection, linking or use) of any
electronic communications equipment in contravention of any
South African laws, rules and/or regulations;
carry out or permit to be carried out any additions, improvements,
adjustments, modifications, alterations or replacements to any
Equipment or Software without the prior written consent of VSP;
use or permit the Service to be used, directly or indirectly, to carry
or transmit (or facilitate the carriage or transmission) of any
message, data or information which does not belong to or
originate from the Customer or for the purpose of re-selling the
Service without the prior written consent of VSP;
permit any person to utilise the Service or any Equipment or
Software or retain possession of any Equipment or Software
without the explicit consent of the Customer; in any event, the
Customer shall be solely responsible and liable for all acts or
omissions of any third party utilising the Service with the
Customer’s permission; and/or
use or permit the use of the Service and/or Equipment and/or
CPE in any manner or for any purpose whatsoever which
generates or is likely to generate electronic communications
traffic which causes or is likely to cause congestion in or
disruption of the Service offered by VSP.
Charges And Fees And Payment Terms
The Monthly Service Charge shall be invoiced monthly in advance and
the Customer shall pay all amounts due and so invoiced within 30 (thirty)
days of date of the applicable invoice.
6.
Access To Customer’s Premises
The Customer shall, whenever required by VSP, procure that VSP’s
personnel or contracted installer, be permitted access to the Customer’s
premises and to remain at such premises –
6.1
6.3
6.4
to carry out any inspection, repair, testing or maintenance of any
Equipment and other equipment relevant to the provision of the
Service;
to verify that the manner in which the Service is being utilised by
the Customer is in compliance with the General Terms and
Conditions, this Service Schedule and applicable South African
laws, rules and/or regulations;
to install, collect or remove any Equipment; and/or
for any other reasonable purpose whatsoever.
7.
Multiple Users
7.1
The Customer acknowledges and agrees that the Contract is
executed by it on behalf of all Users who use the Service with
your permission and accordingly, the Customer shall bear the
responsibility of ensuring that all such Users comply with the
terms and conditions of the Contract
6.2
7.2
The Customer further acknowledges and agrees that it shall be
liable for all breaches of the terms of the Contract by such Users.
8.
Disclaimer Of Warranties
8.1
The Customer acknowledges and agrees that the use of the
Service is at the sole risk of the Customer. Neither VSP and/or
Vodacom nor their agents, employees, suppliers, licensors and/or
third party content providers (“VSP associates”) warrant that the
Service will be uninterrupted, error-free, secure, reliable or
accurate.
Save as specifically set out herein, neither VSP and/or Vodacom
nor the VSP associates make any warranty as to the results to be
obtained from the use of the Service and the Service is made
available to the Customer on an “as-is” and “as-available” basis
without warranties of any kind, either express or implied, including
without limitation, warranties of merchantability, fitness for a
particular purpose, accuracy or completeness of informational
content, non-infringement or otherwise.
VSP does not represent, warrant or guarantee or assume any
responsibility for the quality of the Service or of the signals or the
data transmitted as part of the Service and shall not be liable for
any loss, cost, claim, damage or expense which may be caused
by weak signals and/or data lost.
8.2
8.3
9.
Acceptable Use
9.1
The Customer shall use its best endeavours to maintain a
monthly usage not exceeding 5GB or 10GB bandwidth.
9.2
Should the Customer exceed the 5GB or 10GB bandwidth, the
Customer’s access shall be capped unless the Customer
purchases additional 1GB or 3GB bandwidth top-up bundles.
10.
Data Retention
10.1
VSP shall retain all data either provided by the Customer or
generated through the provision of the Service (“Customer Data”)
as well as all information relating to the Customer in terms of its
categorisation within a group or type based on various
demographic, psychographic and/or geographic characteristic
(“Customer Profile Data”).
10.1.1 VSP may, to the extent permitted by law, receive or disclose the
Customer Profile Data, including personal information,
documents, detailed usage records, credit profile information
and/or any other credit information.
10.2
VSP may, to the extent permitted by law, receive or disclose the
Customer Data to any law enforcement agencies that require the
information for the prevention or investigation of criminal
activities.
11.
VSP’s Rights
The parties specifically record and agree that all rights conferred on VSP
under this Service Schedule in respect of any matter or event shall be
additional to any rights conferred on VSP under the General Terms and
Conditions.
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