1 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 1 Trading Name: Full names and surname: Identity Number: Date of Birth: Contact Details: Landline: Mobile: Fax Number: Address: Postal Address: VAT No: Code: Physical address: Code: Nature of Business (Specify): Position held: Tel No BANKING DETAILS: Account Holder: SECTION A Debit Order Bank: Branch: Account No.: Branch code: Type of account: CREDIT CARD: Account Holder: CreditCardNumber Expiry Date: Credit Card Type: (Master or Visa) Amount R - Package: I/We, the undersigned, hereby authorize Megasurf Wireless Internet, to debit, the above amount and all other amounts which are due and payable, by me/us to Megasurf Wireless Internet as per their account, at the last day of the month from my/our account. Taking into consideration that the first debit order may include an additional prepaid amount and installation or any other work done by Megasurf Wireless Internet. I/We herby confirm that we fully read and understand the terms and conditions of Megasurf Wireless internet and agreed with the terms set out in this agreement. This agreement is also available online HERE: and can be change at any stage with out notice to the customer s. Thus done and signed at on day of 20 Witnesses: 1 2 Bank account Holder: Office use Only Username: Please Tick Y N Tower name & No. Ping Test Y N Rep code Signal Print Screen Y N
2 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 2 Activation Date Photo of Install Y N Recurring Inv no Speed Test Y N Type of business: (a) SOLE OWNER (b) PARTNERSHIP (c) COMPANY (d) CLOCE COPRORATION SOLE OWNER (Please attach Identity Document) Name: Home Address: (b) PARTNERSHIP (c) COMPANY (d) CLOSE CORPORATION (Please attach CK1 or CM1) Registered name: Registration no. of Company or Close Corporation: Registered address: Principal place of business: If business is operated on rented property; Name and address of owner: Date of registration/establishment: Full names of Directors/members/partners: 1 Name: Residential address: Identity No.: 2 Name: Residential address: Identity No.: 3 Name: Residential address: Identity No.:
3 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 3 SURETYSHIP The signatory above and all the above named members/directors/partners bind themselves in their personal capacities as joint debtors, jointly and severally for the full amount due to Megasurf Wireless Internet and agree that these terms and conditions beneath will apply mutatis mutandis to him/them. SECTION C CONSENT: The Applicant and its principal hereby specifically CONSENT that Megasurf Wireless Internet may: 1 Perform a credit search on their records with a registered credit bureau to monitor their payment behaviour by researching their payment behaviour by researching their records with a registered credit bureau 2 Use new information and data obtained from any registered credit bureau in respect of their future business transactions 3 Record the details in respect of the conduct of their accounts with the Supplier with a registered credit bureau 4 Record and transmit details of how they have performed and how the account conducted 5 I/We herewith declare that I/We shall after payment of the monthly payment still have sufficient means to pay my/our monthly debts and expenses and to maintain my / our dependants. SECTION D THE SIGNATORY FOR AND ON BEHALF OF THE APPLICANT HEREBY ACKNOWLEDGES AND AGREES THAT: All transactions concluded between the applicant and Megasurf Wireless Internet shall be strictly subject to Megasurfs Terms and Conditions, which are set out hereunder in Section E. All the information recorded in this application is true and correct, and it has been signed out of my own free will and with full knowledge and understanding of the contents hereof and I am duly authorised in doing so. The Applicant hereby acknowledges that he/she/they has/have read and understood each and every term of the Agreement and accept these as binding. Megasurf may rectify bona fide errors and mistakes in its documentation. 1 This Agreement will govern all future contractual relationships between the Parties applicable to all existing debts between the Parties 2 The Contract is final and binding and is not subject to any suspense conditions 3 The Applicant warrants that the signatory on this document is authorized to Contract on the Applicant s behalf 4 The Applicant acknowledges that representations were made by Megasurf Wireless Internet in regard to any goods and/or services or any of its duties leading up to the Agreement. Section E Terms and Conditions Definition 1.1 Acceptance Date means the date, on which you accepted the Agreement, be that in writing or by way of electronic medium, for example by clicking I agree on a web page or via your mobile phone, or telephonic acceptance; 1.2 Activation Date means the date on which Megasurf will give you access to and/or enable you to use a product or service; 1.3 Add-2-Account service means the payment mechanism that enables you to pay for products and services by adding the payment to your Megasurf Account where the Add-2-Account payment option is displayed. For the purposes hereof Megasurf Account means the subscription account under which you obtain access to our services; 1.4 Agreement means the agreement concluded between you and Megasurf in respect of the product or service contemplated in the Application Form which agreement will be exclusively governed by these general terms and conditions and the product specific terms and conditions applicable to the relevant product or service ("Product Terms") read together with the Application Form; 1.5 Application Form means the document (including any electronic document) on which (inter alia) you selected your service or product of choice; 1.6 Business Day means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa; 1.7 Business Hours means the hours between 08h00 and 17h00 on a Business Day; 1.8 "CPA" means the Consumer Protection Act, 2008; 1.9 Electronic Communications Act means the Electronic Communications Act, 2005; 1.10 ECT Act means the Electronic Communications and Transactions Act, 2002; 1.11 Equipment means any device, equipment or hardware used to access the services or used in conjunction with the services, including any SIM (Subscriber Identity Module) card; 1.12 ICASA means the Independent Communications Authority of South Africa; 1.13 Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the a foregoing and any names, licenses, know how, trade secrets and data associated with the a foregoing; 1.14 "Juristic Person" means a company or close corporation and includes a body corporate, partnership, association or trust; 1.15 Legal Notices Website means Megasurf Marks means any trademarks, logos, brand names, trade names domain names or other names or marks of Megasurf whether registered or not; 1.17 Megasurf, we, us and our means Megasurf wireless cc, Registration Number 2008/035986/23, 1.18 NCA means the National Credit Act, 34 of 2005; 1.19 Network Coverage means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established; 1.20 Network Operator means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes (e.g. Vodacom, MTN and Telkom); 1.21 OTP means a onetime pin number used for enhanced security and required when concluding certain transactions; 1.22 RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002; 1.23 Website means Subscriber, you or Customer means a user of any of our products or services; 1.25 Uncontrollable Event means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Megasurf including the termination or suspension of a service or product provided by a Network Operator, that may result in a delay or a failure to provide any product or service; and 1.26 VAT means Value Added Tax as provided for in the Value Added Tax Act, Commencement, Duration, Termination and Cooling-off
4 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided in this Agreement. In the event that the product or service you have applied for is not activated within 30 (thirty) days of the Acceptance Date (or such extended period as Megasurf may advise) due to an Uncontrollable Event, the Agreement will automatically terminate and no party shall have any liability to the other as a result of such termination. 2.2 Fixed Term Agreements where the Acceptance Date is after 31 March 2011 and the Subscriber is a natural person, you may cancel the Agreement either on the expiry of the fixed period ("Initial Fixed Period") selected in the Application Form (such Initial Fixed Period calculated from the Activation Date) or on at least 30 Business Days written notice to Megasurf at any time prior to the expiry of the Initial Fixed Period, subject to clause If the Agreement is not cancelled by you or by us prior to or on the expiry of the Initial Fixed Period, it will automatically continue and constitute a month to month agreement terminable on at least 1 (one) calendar month's notice to Megasurf, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 80 (eighty) and not less than 40 (forty) Business Days prior to the expiry of the Initial Fixed Period of the impending expiry date any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid Where the Subscriber is a Juristic Person, you may not cancel the agreement during the initial fixed term of the Agreement (such initial fixed period calculated from the Activation Date) save for a material unremitted breach committed by Megsurf. At the expiry of the initial fixed period, the Agreement will automatically renew and will continue on a month to month basis ("Renewal Period") on the revised terms including revised pricing applicable for such Renewal Period which Megasurf will notify you of prior to the expiry of the initial fixed period. You may terminate the Agreement during the Renewal Period by giving us either 1 (one), 2 (two) or 3 (three) calendar months notice depending on the specific notice period set out in the Product Terms or Application Form, which notice will take effect on the first day of the month immediately following the end of such notice period Megasurf may cancel the Agreement in the case of a fixed term agreement concluded with natural persons 30 (thirty) Business Days after giving you written notice to remedy a material breach of the Agreement and you have failed to remedy that breach with such time; and in the case of any other fixed term agreement or any month to month agreement, on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions In the case of a fixed term agreement contemplated in 2.2.1, in the event that you cancel the agreement prior to the expiry of the Initial Fixed Term. You will remain liable for all amounts owing up to the date of cancellation and in addition Megasurf will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term. 2.3 Save as specifically provided for in clause 2.2 above, termination of the Agreement shall be governed by and given effect to as contemplated in this Agreement. In particular, month to month agreements (other than fixed term agreements contemplated in clause and clause 2.2.2) may be terminated by either Megasurf or you on one calendar month's notice, save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. 2.4 Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to Megasurf as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to Megasurf have been paid in full. 2.5 If the Agreement results from any direct approach to you by Megasurf or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to Megasurf without reason or penalty within 5 (five) Business Days of in the case of services only being provided in terms of the Agreement - the Acceptance Date; and in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own the date of delivery of such goods. 2.6 For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product. Where the Agreement relates to the provision of services and you are provided with Equipment or goods to which clause 9 applies then clause and not clause will apply. 3 NCA and ECT Act 3.1 Although the Agreement is not a credit agreement as contemplated in the NCA, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that Megasurf may utilize the information provided by you including your personal information and request and receive information about you and your credit record ( Assessment Information ) from registered credit bureaus in order to determine whether you will be in a position to meet your obligations under the intended Agreement. Megasurf will be entitled to decline to activate a product or service that you apply for if Megasurf reasonably determines that you may not be able to meet your commitments under the Agreement. 3.2 Megasurf is entitled to perform these assessments each time you apply for a service or product. 3.3 The consumer protection provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper based transactions, e.g. where you apply for a service or product by completing an Application Form in writing. 4 Conditions of access 4.1 Megasurf will, unless it declines to activate the service as contemplated in clause 3.1, make the service available to you on the Activation Date. 4.2 Megasurf will, where relevant, issue a user name and password to you prior to the Activation Date in order to enable you to gain access to and/or use a service. In such instance, you will not be able to access and/or use a service without a user name and password. 4.3 You may be issued with an OTP for the purposes of concluding certain transactions. The OTP will be SMS d to the cell phone number provided by you and should such cell phone number change it is your responsibility to notify Megasurf thereof and to update your details via the My Account site found at (http://www.megasurf.co.za/clients.htm). Should you not have a cell phone you will need to contact our call centre to complete transactions requiring an OTP. 4.4 You agree that: you will use your user name, password and OTP for your own personal use only; you will not disclose your user name, password and OTP to any other person for any reason whatsoever and that you will maintain the confidentiality thereof; in the event that your password or OTP are compromised, you will immediately notify Megasurf and change your password; you, as the holder of the user name, password and OTP, acknowledge you are solely responsible for all payments in respect of a service charged to your Megasurf account, irrespective of whether the service has been utilized or is being utilized by you or not and accordingly the entire amount outstanding on your Megasurf account will be deemed to have arisen from (or relate to) your access to and/or use of a service; you agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions; unless such right is specifically and expressly provided to you in terms of any applicable Product Terms you will not, at any time, permit and/or initiate a simultaneous network log-in; and you will not attempt to circumvent Megasurf s user authentication processes or engage in attempts to access Megasurf s network where not expressly authorised to do so. 4.5 Megasurf also offers a password reminder service. Megasurf will send your password to your registered address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify Megasurf thereof and to update your details via the My Account site found at (http://www.megasurf.co.za/clients.htm).
7 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 7 Megasurf confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Megasurf is a member of the Internet Service Providers' Association (ISPA) and has adopted and implemented the association's official Code of Conduct, which can be viewed at Protection of Minors Megasurf prohibits customers from using Megasurf s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography. Notice and Take-down Procedures Megasurf confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Megasurf s designated agent for this process is the Internet Service Providers Association. ISPA can be reached at or The notice and take-down procedure can be viewed at Customers are also notified of the content and procedures of the ISPA Code of Conduct which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code. 13 RICA and Interception of Communications 13.1 Megasurf and/or a third party Network Operator (as the case may be) may under the circumstances as prescribed in RICA, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via Megasurf s or the Network Operator s network. Megasurf and/or a third party Network Operator shall not be liable to you for any losses, liabilities, damages and claims and for any related costs and expenses suffered by you as a result of Megasurf and/or a third party Network Operator performing any activity referred to in this clause where Megasurf is obliged by operation of law to perform such acts A copy of RICA is available at Should you sell or in any manner provide your activated SIM card to any person other than a family member, you and the person receiving the SIM card must provide Megasurf with certain information. Should you lose or have a SIM card or cellular telephone stolen you must report it to the South African Police Services Should you provide a SIM card to your employee or lease your SIM card to a third party you need to obtain and keep certain information about the person receiving the SIM card. 14 Intellectual Property Rights 14.1 You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products You are prohibited from using any Megasurf Marks without the prior written approval of Megasurf Other than as specifically provided in the product or service specific terms and conditions, Megasurf will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by Megasurf, its network infrastructure, e-commerce network infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions. 15 Emergency Calls 15.1 Should you make use of the 112 emergency service number while using any of Megasurf s services, Megasurf can disclose the caller line identity either to the 112 emergency centre or to the third party that may carry the call to the 112 emergency centre The 112 emergency service number will become the exclusive national public emergency number; subscribers are therefore urged to use the 112 number instead of the 10111, and Breach 16.1 Subject to any other provisions set out in these general terms and conditions or the Product Terms and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then Megasurf shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith: afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or suspend your access to a service; cancel all agreements concluded between us; or claim immediate performance and/or payment of all your obligations in terms hereof Should Megasurf suspend, disconnect or terminate your service, Megasurf will be entitled to, charge you a fee for reconnecting your service. 17 Indemnity 17.1 You hereby unconditionally and irrevocably indemnify Megasurf and agree to indemnify and hold Megasurf harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and when so ever arising, suffered or incurred by Megasurf as a result of any claim instituted against Megasurf by a third party (other than you) as a result of (without limitation): your use of our services or products other than as allowed or prescribed in the Agreement; any other cause whatsoever relating to the Agreement or the provision of services or products to you where you have acted wrongfully or failed to act when you had a duty to so act. 18 Limitation of liability 18.1 Save to the extent otherwise provided for in this Agreement or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any product or service Without limiting the generality of the provisions of clause 18.3, Megasurf shall not be liable for and you will have no claim of whatsoever nature against Megasurf as a result of your use of the password reminder service which you acknowledge you are not obliged to use and have voluntarily elected to make use of; the loss of or access to any usernames, passwords or OTPs which you are required to safeguard and not allow unauthorized access on the understanding that we will be entitled to assume that you are the person so using or gaining access to any service or account where your username, password or OTP is used; any unavailability of, or interruption in the service due to an Uncontrolled Event; any damage, loss, cost or claim which you may suffer or incur arising from any suspension or termination of the service/s for any reason contemplated in the Agreement In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, Megasurf shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that Megasurf is liable to you for any damages, Megasurf s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question. 19 Cession and Delegation You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of Megasurf. Megasurf shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and
8 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 8 obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you. Affiliates for this purpose includes Megasurf s holding company, the holding company(ies) of Megasurf s holding company (collectively its holding companies ), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by Megasurf or are under common control with Megasurf. 20 Jurisdiction Notwithstanding clause 7 above, you hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Megasurf arising out of this Agreement, provided that Megasurf shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 7 above. 21 Amendment of this agreement Megasurf reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. 22 General 22.1 The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No changes or cancellation of this Agreement by you, including any changes to the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service Megasurf is in terms of section 43 of the ECT Act required to make its contact details and certain other information available to its Subscribers who enter into electronic transactions with Megasurf. This information is available under ECT Act Information under Legal Notices on our website You agree that any notices we send to you in terms of any agreement concluded between us may be sent via unless otherwise prescribed by law No indulgence, leniency or extension of time which Megasurf may grant or show to you shall in any way prejudice Megasurf or preclude Megasurf from exercising any of its rights in the future In the event of a discrepancy between these Terms and Conditions and the Product Terms, the Product Terms will take precedence You warrant that as at the date of signature of the Application Form, all the details furnished by you to Megasurf are true and correct and that you will notify Megasurf in the event of any change to such details All our terms and conditions can be accessed, stored, and reproduced electronically by you The physical address where Megasurf will receive legal service of documents is the following: Megasurf Building 149 Louis Trichardt street Vanderbijlpark 1900 Megasurf ACCEPTABLE USE POLICY Introduction Megasurf is committed to complying with legislation and ensuring all its Customers have the ability to use its network and the Internet without interference or harassment from other users. Megasurf s Acceptable Use Policy ("AUP") is designed to help achieve these goals. By using any of Megasurf s services, Customers agree to comply with this AUP and to remain responsible for its users, where applicable. Megasurf reserves the right to change or modify the terms of the AUP at any time, by posting an updated version on its website at Customer's use of Megasurf s services after changes to the AUP are posted shall constitute acceptance of any changed or additional terms. Scope of the AUP The AUP applies to Megasurf services that provide (or include) Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, services, etc) or any other services provided over the Internet or wireless data networks (collectively "IP Services"). Prohibited Activities General Prohibitions: Megasurf prohibits use of the IP Services in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of Megasurf's network or systems, or the network of any other provider; ii) interferes with the use or enjoyment of services received by others; iii) infringes intellectual property rights; iv) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or v) constitutes abuse, a security risk or a violation of privacy. Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, applications, or other services that are accessed via a link from a Megasurf-branded website or from a website that contains Megasurf-branded content is a violation of this AUP. Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court orders, ordinance, regulation or administrative rules. Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Megasurf or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. Threatening Material or Content: IP Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize Megasurf provided web or content hosting, Megasurf reserves the right to decline to provide such services if the content is determined by Megasurf to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others. Inappropriate Interaction with Minors: IP Services should not be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children. Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Megasurf at the following address: Megasurf will report any discovered violation of this prohibition to the South African Police services and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers. Spam/ Abuse: Spam/ abuse is prohibited using IP Services. Spam/ abuse shall include, but are not limited to, the following activities: sending multiple unsolicited electronic mail messages or "mail-bombing" to one or more recipient; sending unsolicited commercial , or unsolicited electronic messages directed primarily at the advertising or promotion of products or services; sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials; sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
9 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 9 sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Megasurf network or of the networks with which Megasurf interconnects, by virtue of quantity, size or otherwise; using another site's mail server to relay mail without the express permission of that site; using another computer, without authorization, to send multiple messages or to retransmit messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP; using IP addresses that the Customer does not have a right to use; collecting the responses from unsolicited electronic messages; maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages; sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise); using distribution lists containing addresses that include those who have opted out; sending electronic messages that do not accurately identify the sender, the sender's return address, the address of origin, or other information contained in the subject line or header; falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin; using redirect links in unsolicited commercial to advertise a website or service; posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints; intercepting, redirecting or otherwise interfering or attempting to interfere with intended for third parties; knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam. Megasurf shall block all smtp ( port 25 ) traffic for 1 till 24 hours on the Megasurf network. Megasurf will not be held responsible for notifying the account holder if such spam is generated by the account holders IP. Connectivity Services Megasurf reserves the right to establish policies, rules and limitations, from time to time, concerning the use of the IP Service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion. We reserve the right to limit the number of s that you may send in any given period or to limit the total message volume (amount of data) sent per hour. Unless you are subscribed to a business package, you may not use any services for anything other than your own personal use. Unless you subscribe to a business packages and you are permitted in terms of such business package, you may not resell any services, receive any charge or benefit for the use of any services or provide Internet access or any other feature of the services to any third party or in any other way exploit the service for any commercial purposes. For example, you cannot provide Internet access to others through a dial up, ADSL or other connection, host shell accounts over the Internet, provide or news services, or send a news feed. You may not run a server (including game servers) in connection with the services. You may not provide network services to others via the services. In addition, you are prohibited from running servers for mail, http, ftp, irc and multi-user interactive forums. You may not share your services. You may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or the any services, or create an unusually large burden on our network, including, without limitation, continuously uploading or downloading streaming video or audio; continuous FTP uploading or downloading, or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information, or to use the services in an abusive manner in connection with any unlimited packages, options or promotions. We reserve the right to establish policies, rules and limitations, from time to time, concerning the use of any service. You must comply with any bandwidth, data storage and other limitations we may impose, in our reasonable discretion. Failure to comply with these rules will result in your service being restricted, suspended or terminated, in our reasonable discretion. We will manage bandwidth usage to the best of our ability during peak periods, however, it remains a best effort service. We reserve the right to manage our network in order to optimize its efficiency for the benefit of all our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of spam or otherwise unsolicited bulk , anti-virus mechanisms, protocol filtering and imposing restrictions on your use. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers, including limiting your data traffic by controlling your network and/or bandwidth usage. You may not use service for unattended automated operation, unless otherwise agreed. You may stay connected as long as you are actively using that connection. You further agree not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection. We do not make any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any services. We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available. We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you. Security Violations Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), including implementation of necessary patches and operating system updates. IP Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Megasurf's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. System or network security violations shall include, but are not limited to: unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of addresses; hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.); using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage in modem or system hi-jacking; engaging in the transmission of pirated software; with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type; using manual or automated means to avoid any use limitations placed on the IP Services;
10 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e 10 providing guidance, information or assistance with respect to causing damage or security breach to Megasurf's network or systems, or to the network of any other IP Service provider; failure to take reasonable security precautions to help prevent violation(s) of this AUP. Customer Responsibilities Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. Megasurf has no responsibility for any material created on the Megasurf's network or accessible using IP Services, including content provided on third-party websites linked to the Megasurf network. Such third-party website links are provided as Internet navigation tools for informational purposes only, and do not constitute in any way an endorsement by Megasurf of the content(s) of such sites. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations. AUP Enforcement and Notice Customer's failure to observe the guidelines set forth in this AUP will be regarded as a material breach and may result in Megasurf taking actions, which may either be a warning, a suspension or termination of Customer's services. When reasonably possible, Megasurf may provide Customer with a notice of an AUP violation allowing the Customer to promptly correct such violation. If the IP Services are used in a way that we, in our reasonable discretion, believe violates this Acceptable Use Policy or any of our rules or limitations, we may take any responsive actions we deem appropriate. Such actions may include without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and/or the immediate limitation, restriction, suspension or termination of all or any portion of the services or your account. Should you engage in any one or more of the above activities, which shall be determined in Megasurf's reasonable discretion and which decision shall be final, then Megasurf shall be entitled, without prejudice to any other rights it may have, to take any responsive action we deem appropriate, such actions may include, without limitation: without notice, temporary or permanent limitation, restriction or suspension of your access to the IP Service concerned; terminate all agreements with you with immediate effect; bill you for any costs incurred by Megasurf as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of Megasurf's name or registered domain names and CPU cycles; and disclose information relating to the offending activity as may be required under the circumstances. Megasurf has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, Megasurf may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Megasurf network and its customers. Incident Reporting Any complaints (other than claims of copyright or trademark infringement) regarding violation of this AUP by an Megasurf Customer (or its user) should be directed to include details that would assist Megasurf in investigating and resolving such complaint. WIRELESS LINK ( Megasurf installation ) & not Dealer 1. DEFINITIONS 1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. 1.2 In these Wireless Link Rental Terms: Coverage Area means coverage area falling within the signal radius of the Wireless Network; CPE Device means the customer premises equipment which shall be installed by Megasurf and/or its suppliers on the exterior of Customer s premises; Equipment means the router and the CPE Device (including software, hardware, cables, connectors, programmes, interfaces, associated media, printed materials, and/or on-line or electronic documentation associated with it), which meets the requirements of the Wireless Link Service selected by Customer in the Application Form, which is rented by Megasurf to Customer to enable connectivity to the Wireless Link; Wireless Link means a wireless link created over the Wireless Network, which wireless link is connected between CPE Device and the Wireless Network in order to enable access to and use of the Wireless Link Service by Customer; Wireless Link Fees means all fees and charges relating to the Wireless Link Service which are payable by Customer to Megasurf including, but not limited to application, installation, maintenance, support and repair fees; Wireless Link Service means the wireless services contemplated in these Product Terms, which Megasurf renders to Customer in accordance with Customer s choices, as set out in the Application Form under such heading or description comprising of: (i) the leasing of the Equipment and the Wireless Link to Customer; (ii) configuration of the Equipment; and (iii) the management of the Wireless Link on behalf of Customer, as contemplated below Wireless Network means the public network operated by Megasurf in the unlicensed frequency spectrum in terms of the provisions of the ECA over which the Wireless Link is created. 2. DURATION 2.1 Either Party may terminate the Wireless Link Service at the end of the Initial Period by giving the other Party 3 (three) calendar months written notice of termination prior to the end of the Initial Period. 2.2 If neither Party has given notice as contemplated in clause 2.1 above, the Wireless Link Service shall endure indefinitely thereafter on the same terms and conditions, provided that either Party shall be entitled to terminate the Wireless Link Service on 3 (three) calendar months written notice to the other to that effect. 2.3 Notwithstanding any provisions to the contrary in the Agreement, Megasurf shall (without payment of any penalty of whatsoever nature), be entitled to terminate the Wireless Link Service at any time (during the Initial Period or any renewal period thereof) on 30 (thirty) days written notice to Customer: should the Coverage Area be compromised; or if the quality of the Wireless Link or the operation of the Wireless Network is adversely affected due to any act or omission of Customer; or should Megasurf suspend or terminate its wireless network deployment for whatever reason; or should Megasurf be required to do so by ICASA or in terms of any relevant legislation applicable to the usage of the unlicensed spectrum; or upon request thereto by other telecommunication service providers due to breach by Customer of any of the terms and conditions applicable to the access and/or use of the Wireless Link; or should Customer s access and/or use of the Wireless Link be in contravention of this Agreement or policies and/or any applicable legislation; and/or should the regulator make changes to the unlicensed spectrum which impacts on the provision of the Wireless Link Service, Wireless Network and/or Wireless Link. 2.4 Megasurf shall have the right at any time, and without liability, to immediately suspend its provision of the Wireless Link Service and continue to charge Customer therefore, if in Megasurf s opinion, the quality of the Wireless Link or the Wireless Network may be or is impaired, or otherwise adversely affected, due to any act or omission of Customer ; any Equipment has been reverse engineered, decompiled, modified or tampered with in any way; non-payment in terms of this Agreement of any Wireless Link Fees payable.
11 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e Upon termination of the Wireless Link Service for any reason whatsoever Customer shall provide Megasurf with the necessary co-operation and assistance to arrange for the removal of the Equipment from Customer s premises. 3. PAYMENT 3.1 Customer shall pay Megasurf the Wireless Link Fees specified in the Application Form in accordance with the provisions set out in the General Terms and Conditions. 3.2 Should Customer move and/or relocate to a different location and/or premises, Megasurf shall charge Customer for the moving and/or relocation of the Equipment to new premises and/or location which includes without limitation the: (i) installation fees; (ii); line transfer fees; and/or (iii) set up fees. The aforementioned fees shall be included in Customer s monthly invoice, which shall be payable by Customer in accordance with the provisions of the General Terms and Conditions. 3.3 All work done by Megasurf after installation is COD and payable by EFT, Card system or cash on completion of work before the technician leaves the premises. 3.4 You/He/She or it needs to sign the job card done by the Megasurf technician and by signing it you agree that all systems is working 100% and you are 100% satisfied by the job done by the technician and all instructions was followed given by you for installation or repairs and will not withhold any payment for work done by Megasurf or any of its staff members. 4. WIRELESS NETWORK AND WIRELESS LINK 4.1 In order to have access to the Wireless Link Service, a Wireless Link is required together with a direct line of site between the CPE Device and the Wireless Network. 4.2 Wireless Network is created and operated over the unlicensed frequency spectrum, therefore, the functionality and operation of the Wireless Link may be impaired by the use of the unlicensed frequency spectrum by other wireless operators from a nearby location in the same frequency band. 4.3 Megasurf will be responsible for the installation of the Wireless Link. 4.4 Customer shall (without prejudice to Megasurf s rights to claim payment for any outstanding amount for the services rendered), not be entitled to terminate the Wireless Link Service should the Wireless Link remain unavailable due to an Uncontrollable Event. If an Uncontrollable Event continues for a period of more that 60 (sixty) days, then the Customer may terminate this Agreement by written notice to Megasurf by reason of such Uncontrollable Event. Customer shall remain liable to pay Megasurf the Wireless Link Fees or any other fees due during the Uncontrollable Event or the period of unavailability. 4.5 The quality of the Wireless Link is dependent upon the quality and capacity available to the Wireless Network which is subject to any technological constraints affecting the Wireless Network. Customer shall therefore not be entitled to terminate the Wireless Link Service as a result of any impairment to the quality of the Wireless Link and/or quality and/or capacity of the Wireless Network which impacts on Customer s access and usage of the Wireless Link Service. 4.6 Wireless Network including the Wireless Link are created over the unlicensed frequency spectrum and although Megasurf uses reasonable commercial endeavours to: (i) ensure the: operation, availability, and functionality of the Wireless Network including the Wireless Link; and (ii) attend to any unavailability including failures and/or errors impacting on the Wireless Network, including the Wireless Link, in terms of any obligations placed on it in terms of this Agreement, Megasurf does not represent, warrant or guarantee the operation, availability, capacity, or functionality of the Wireless Network including the Wireless Link. 4.7 Although Megasurf uses reasonable commercial endeavours to ensure the security of the Wireless Network and the Wireless Link, Megasurf does not in any manner whatsoever warrant, represent and/or guarantee the security of the Wireless Network or the Wireless Link, Customer is therefore advised to ensure the security of its network infrastructure. 4.8 Megasurf shall not be liable under any circumstances for any loss or damage caused by or arising in any manner whatsoever from the: (i) unavailability of the Wireless Network, including the Wireless Link; (ii) impairment on the quality or capacity of the Wireless Network and/or Wireless Link; and/or (iii) breach of the security of the Wireless Network or the Wireless Link and/or Customer s network infrastructure. 5. TERMS AND CONDITIONS SPECIFIC TO WIRELESS LINK SERVICE 5.1 In order for the Wireless Link Service to be provided to Customer, the Equipment is required to enable Customer s access to and use of the Wireless Link Service. 5.2 The Equipment will be rented to Customer subject to the provisions of clause 6 below. 5.3 Wireless Link Service is provided subject to this Agreement and all relevant laws and regulations applicable from time to time. 5.4 Megasurf will only provide Customer with access and/or use of the Wireless Link Service provided Customer pays the Wireless Link Fees set out in the Application Form. 5.5 Megasurf and its supplier shall notify Customer with regard to the installation date and time. Megasurf cannot guarantee the installation date and time, but will use reasonable efforts to ensure that the anticipated installation date and times are met. Megasurf will inform Customer as soon as possible if it is unable to attend a set appointment. Customer shall not be allowed to move the installation date and time without Megasurf s written consent. Customer shall also not be entitled to cancel the Wireless Link Service or refuse to accept installation, set-up and or configuration of the Equipment as a result of Megasurf s failure to meet anticipated installation date and times. 5.6 Customer shall prior to the installation date: (i) appoint a designated person to manage the installation project on Customer s behalf; (ii) prepare the premises and/or the area where installation will be done for installation purposes; and (iii) notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant) about the installation date and time. 5.7 Customer warrants that: the premises and/or the area where installation will be done, meet the requirement of the Occupational Health and Safety Standards; in the case of rented premises the landlord and/or the governing body(ies) are aware of: (i) the installation work to be done; (ii) what such installation entails; and (iii) the installation date and time; and in the case of rented premises the landlord and/or governing body(ies) have given Customer the necessary written approvals to allow Megasurf to commence and perform the installation work. 5.8 Customer hereby indemnifies Megasurf against all losses or damages Megasurf sustains or incurs as a result of breach by the Customer of the warranties contained in this clause. 5.9 Megasurf including any of its respective agents or contractors shall on the installation date and during Business Hours, attend to: the installation of the Equipment; and set-up and/or configuration of the Equipment Customer shall allow Megasurf including its agents or contractors, all reasonable access to Customer s premises and/or property for the purposes set out in clauses and above. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee) that installation and set-up and/or configuration of the Equipment was done shall constitute proof that it was done according to specification and Agreement Megasurf may be required to dig, drill, remove pavement, carpets, tiles, ceilings, apply glue or perform any other act in order to install the Equipment ( Installation Work ). Customer hereby gives Megasurf the permission to perform such Installation Work Megasurf will use reasonable commercial endeavours to ensure that the Installation Work is performed in a professional manner without causing any damage to Customer s or any other third parties premises or property.
12 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e Megasurf cannot guarantee that work will be performed without errors, faults and/or causing damages of whatsoever nature to Customer s or any other third parties premises or property In the event of any such damage to Customer s or any other third parties premises, installation area or property, Customer shall indemnify Megasurf from any claim arising as a result of such damage and Customer shall not hold Megasurf including its contractors and/or agents liable under any circumstances, for any loss or damage whatsoever caused by or arising in any manner whatsoever from any action or omission of Megasurf and/or its contractor s Customer shall when required, allow Megasurf and its respective agents all reasonable access to its premises for the purposes of the re-installation, re-setup, re-configuration and maintenance and repair of the Equipment Customer shall be responsible for any fault to the Wireless Link and/or the Equipment caused by the Customer. In this event Customer shall be liable to pay for the cost of repairs, including call out and labour costs. In the event that the fault to the Wireless Link or the Equipment, in Megasurf s opinion, is not caused by the Customer or is caused by an Uncontrollable Event, then Megasurf will be responsible for the call out and labour costs Megasurf shall be entitled to change the Wireless Link Services (which may include without limitation the amendment of the technical parameters and/or specification relating to the Wireless Link Service), at any time during the Initial Period and/or any renewal thereof on 30 (thirty) days written notice to Customer Notwithstanding anything that might indicate the contrary, Customer shall at all times comply with all terms and conditions and/or limitations imposed by Megasurf on the Wireless Network including Wireless Link for the duration of the Agreement. 6. EQUIPMENT RENTAL 6.1 Megasurf hereby leases the Equipment to Customer. 6.2 The Equipment will at all times remain the property of Megasurf and Customer agrees that he/she/it will never become the owner the Equipment if stated otherwise. 6.3 The Equipment shall at all times be regarded as a movable property and shall not become part of any immovable property. 6.4 Megasurf shall have the right to enter Customer s premises in order to remove the Equipment upon termination of the Agreement is stated other wise 6.5 Megasurf shall invoice the Customer s for the installation of the equipment delivered to Customer s premises depending on the agreement made by Megasurf and the client. A signed delivery note by the Customer s (including his/her/its employee, representative or nominee) shall constitute proof that the Equipment was delivered to and received by Customer in good condition. 6.6 Upon delivery of the Equipment as envisaged in clause 6.5 above, Customer shall bear all risk of loss, theft, damage and/or destruction of the Equipment while housed at Customer s premises for an amount equal to the full replacement value thereof. Customer shall make its own arrangements regarding the insurance of the Equipment. 6.7 Customer shall not allow any third party to take possession of the Equipment unless duly authorised thereto by Megasurf. Should any third party take possession of the Equipment without the said authorisation, the replacement value thereof shall immediately be due and payable by Customer. 6.8 If the premises at which the Equipment will be installed are rented: Customer shall: Advise Megasurf in writing of the name and address of the landlord as well as any changes thereto; Not move the Equipment without Megasurf s prior written consent; Customer warrants that the landlord and/or governing body(ies) have been informed that the Equipment belongs to Megasurf and can therefore not be subject to a lien or landlord hypothec. Customer hereby indemnifies Megasurf against all losses or damages it sustains or incurs as a result of breach by the Customer of the warranty contained in this clause. 6.9 Customer shall only use the Equipment in conjunction with the Wireless Link Service. Under no circumstances will Customer or anyone else be allowed to: (i) access and/or tamper with the Equipment; (ii) move the Equipment to any other location without the express written permission of Megasurf; and (iii) use the Equipment for any other purpose Access to the Equipment shall be restricted to Megasurf s staff or its duly authorized agents only Customer shall use the Equipment solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, sell, re-sell, lease, sub-lease and/or lend the Equipment in any manner whatsoever to any third party without Megasurf s prior written consent Customer shall ensure that Megasurf may at any time enter the premises where the Equipment is installed to inspect it, provided that Megasurf supplies Customer with reasonable prior notification of such The equipment rental agreement and the internet DATA account is running hand in hand for the duration of the lease of the contract on the equipment and can not work with out the other At any stage you can upgrade your DATA to a more expensive account and faster line speed but can not downgrade during the lease agreement. 7. NEW PREMISES AND/OR LOCATION 7.1 In the event that Customer decides to move and/or relocate to a different location and/or premises, Megasurf: Shall subject to the other provisions of this Agreement, move and/or relocate Customer s Equipment to the new premises and/or location; may extend Customer s Agreement to the same term that was originally selected by Customer in the Application Form. 7.2 Customer acknowledges that the Wireless Link Service is not available everywhere. 7.3 Customer is responsible for ensuring that the Wireless Link Service is available should Customer decide to move and/or relocate to another premises or locations. 7.4 Customer shall remain liable to pay the set up fees incurred by Megasurf to install, set up and/or configure the Equipment at the new location and/or premises. 7.5 Customer shall not be allowed to terminate the Agreement should Customer move to a location and/or premises where the Wireless Link Service is not available. In the event of termination, Customer shall remain liable to pay Megasurf for the remainder of the Initial Period or the renewal period, as the case may be, should Customer terminate the Agreement prior to the expiry of such Initial Period and/or renewal period. 7.6 I/We herby confirm that we fully read and understand the terms and conditions of Megasurf Wireless internet and agreed with the terms set out in this agreement. This agreement is also available online HERE: and can be change at any change with out notice to the customer s. You accept this and it is your responsibility to update your details with Megasurf and be updated by the T&C on the website. Thus done and signed at on day of 20 Witnesses: 1 2
13 A P P L I C A T I O N F O R S U B S C R I P T I O N A S C L I E N T O F M E G A S U R F W I R E L E S S I N T E R N E T P a g e Account Holder: