CUSTOMER INFORMATION SERVICES INFORMATION

Transcription

1 INTERNET SERVICE LEVEL AGREEMENT * Customer/Company Name: * ID no / Registration no: Postal Address: CUSTOMER INFORMATION Residential/Physical Address: City/Country : ** Contact Name: ** Telephone Number(s): ** Fax No: ** Contact address: *Please note: If customer is natural person, please provide full names. If customer is a juristic person, then provide complete name eg. ABC (Pty) Ltd. **The above nominated contact person will receive all Technical Notifications as sent by 4Tech IT Solutions. SERVICE DESCRIPTION Service Type: Service End Date: Service Start Date: CHARGES Monthly Recurring Service Fee: Once Off Service Fee: SERVICES INFORMATION FLUCTUTATION OF THE SERVICE FEES AND / OR ONCE OFF FEES: a) Customer warrants that the Service is for use between 4TECH IT SOLUTIONS and the customer. b) Customer acknowledges that the Service may be subject to the terms and conditions of service of the Internet Service Provider, and may be amended by such parties from time to time. c) 4TECH IT SOLUTIONS undertakes the responsibility to inform the Customer of any changes with regards to terms and conditions of service of the Internet Access provider. d) Customer acknowledges that the service fees and or once off service fees are based on the supplier rates, rates of exchange, freight charges, insurance, railage, costs of labour, costs of material and other charges ruling at the date of this application form. Any variation occurring subsequent to the date of delivery or signature of this application form but prior to the delivery and / or activation of the services, shall entitle 4TECH IT SOLUTIONS to vary the service fees and / or once off services fees accordingly. SERVICES AND / OR PRICE QUOTATIONS Customer acknowledges that all quotation s on services and / or prices are subject to change. In the event of a Wrong service and / or price quotation, 4Tech IT solutions will decline customers application for the services in writing and submit a duly updated application form for the customers approval detailing the correct services and / or pricing. Page 1

2 Terms and Conditions Internet Service Agreement 1. Service Agreement. By executing the 4TECH IT SOLUTIONS Service agreement, 4TECH IT SOLUTIONS agrees to provide, and Customer agrees to accept, Service in accordance with the terms and conditions set forth below and in the Service Agreement. 2. 4TECH IT SOLUTIONS's Obligations. 4TECH IT SOLUTIONS will provide the customer with internet services and necessary IP (Internet Protocol) network addresses for use on the network. Additional IP addresses requested by the customer will attract a fee. 4TECH IT SOLUTIONS s responsibility shall end at the point where the wireless equipment connects to the customer's computer or Network. 3. Customer s Obligations. 4TECH IT SOLUTIONS assumes that the customer has a qualified Network Administrator to take care of all internal Network problems once in place, or has appointed a duly authorised agent to manage this system administration. 4. Interconnection. This Agreement applies to the client's interconnection to a 4TECH IT SOLUTIONS Network through a dedicated link installed at the customer's premises. It does NOT include maintenance or troubleshooting of any internal problems on the customer's network. 5. Technical Support. The 4TECH IT SOLUTIONS Technical Support Centre points of contact will be given to the client during the service start-up period. The support team will be available to help the client with problems regarding the optimum Internet connectivity into 4TECH IT SOLUTIONS and the Internet. However, in the event of an inevitable site visit, the client will be required to pay an onsite consultation fee if the problem encountered is internal and not a fault of 4TECH IT SOLUTIONS. 6. Term of the Agreement. The term commitment is a minimum of one year. Any longer term should be indicated on the first page of this Agreement. Upon the expiration of the term, this agreement will automatically renew unless either party terminates this Agreement pursuant to section Disclaimer Of Warranty. 4TECH IT SOLUTIONS exercises no control over the content of the information passing through its network. 4TECH IT SOLUTIONS makes no warranties of any kind, whether express or implied for the service it is providing. 4TECH IT SOLUTIONS will not be responsible for any damage suffered by the client as a result of use of the 4TECH IT SOLUTIONS network or hub. This includes loss of data resulting from delays, non-deliveries, or service interruptions. Use of any information obtained via 4TECH IT SOLUTIONS s network is at the client's own risk. 4TECH IT SOLUTIONS specifically denies any responsibilities for the accuracy or quality of information obtained through its services. 8. Limitation Of Liability. Notwithstanding anything else to the contrary stated or implied herein, neither party shall have any liability to the other or any third party, including clients, whatsoever for any indirect incidental, consequential, punitive or special damages, including loss of revenue, or loss of business suffered by the other or by any assignee or other transferee of the other, or any third party even if informed in advance of the possibility of such damages, except in connection with the indemnification provisions of section 7 of this agreement. 9. Acceptable Use policy. All use of the 4TECH IT SOLUTIONS Network and the service must comply with the then current version of the 4TECH IT SOLUTIONS Acceptable Use Policy ("Policy") 4TECH IT SOLUTIONS reserves the right to amend the policy from time to time. 4TECH IT SOLUTIONS reserves the right to suspend the service or terminate this Agreement effective upon notice for a violation of the policy. The customer shall use 4TECH IT SOLUTIONS for lawful purpose only. The customer shall not post or submit through 4TECH IT SOLUTIONS any material which violates the Acceptable Use Policy, infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of public or private rights, vulgar, obscene or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or violate the law, or constitute spamming" on the Net. Attempts to gain unauthorized access to other computer systems are prohibited. Users must comply with rules and regulations of any network they access through 4TECH IT SOLUTIONS. The Customer agrees to indemnify and hold harmless 4TECH IT SOLUTIONS from any losses, damages, costs or expenses resulting from any third party claim or allegation ("claim") arising out of or relating to use of the service, including any claim which, if true, would constitute a violation of the policy. 10. Billing. Start-up charges are invoiced upon the customer's acceptance of this agreement. Recurring service fees are invoiced monthly in advance. Payment is due within 15 calendar days of the date of invoice and shall be quoted in Rands, unless otherwise specified by 4TECH IT SOLUTIONS, and shall be paid via a debit Order or EFT to a 4TECH IT SOLUTIONS designated to our billing department at our 4TECH IT SOLUTIONS offices. Billing for monthly recurring fees will commence when 4TECH IT SOLUTIONS and a functioning link are ready to route IP packets to the client s site. Payments not received within 15 days after the date of invoice will attract a Page 2

3 late penalty fee for as long as the amount remains unpaid. In case of a client failing to pay within the calendar payment period, the client's services may be subject to immediate termination by 4TECH IT SOLUTIONS. Termination of service does not constitute relief from amounts owed prior to termination. If an account remains unpaid after 60 calendar days from date of invoice, the same shall be subject to recovery by legal action. The client will continue to be obligated to pay 4TECH IT SOLUTIONS fixed monthly charge for the remainder of the term of this agreement. In case of default by client for any reason the client agrees to pay 4TECH IT SOLUTIONS its reasonable expenses, including lawyers and collection agency fees, incurred in enforcing 4TECH IT SOLUTIONS rights under this agreement. 11. Taxes. VAT will be paid as required unless the client produces a valid VAT exemption certificate. 12. Assignment. In the case of a merger, acquisition, sale of the business, or substantially all, assets associated with this Agreement, 4TECH IT SOLUTIONS may also at any time assign this agreement to a 4TECH IT SOLUTIONS subsidiary. The client will be notified in writing 30 days prior to such assignment. 13. No Publicity. The terms of this agreement, including without limitation, both parties shall hold the prices, confidential, except as required or appropriate to be disclosed to a party's legal, financial, or accounting advisers. Other than identifying 4TECH IT SOLUTIONS to the clients neither party shall publicize the existence of this agreement without the consent of the other, except as may be required by applicable law or regulation. All press release materials shall be reviewed and approved by both parties. 14. Cancellation. Either party may cancel the service with 30 days prior written notification or else the obligation to pay for the service will continue until such notice is received. 15. Severability. If any term of this Agreement, or the application of such term to any person or circumstance, shall be held invalid, the remainder of this Agreement or the application of such term to persons or circumstances other than those to which it is held invalid shall not be affected. 16. Documents. Each party agrees to execute, and, if necessary, to file with the appropriate governmental entities and international organizations, such documents, as the other party shall reasonably request in order to carry out the purposes of this Agreement. 17. General Notices. All notices and other communications from either party to the other, except as otherwise expressly provided shall be in writing and, shall be deemed received upon actual delivery or completed , facsimile addressed to the other party at the address and/ or facsimile number set forth in the Service Order. Each party will advise the other of any change in the address, designated representative or telephone or facsimile number. 18. No Third Party Beneficiary. Other than as specifically set forth in this Agreement, the provisions of this Agreement are for the benefit only of 4TECH IT SOLUTIONS and Customer, and no third party may seek to enforce or benefit from those provisions. Both parties acknowledge and agree that the Operational Requirements are intended for the benefit of both 4TECH IT SOLUTIONS and all its other customers. 19. Representations and effective dates. This Agreement supersedes all previous representations, understandings or agreements and shall prevail not withstanding any variance with terms and conditions of any order submitted. Use of 4TECH IT SOLUTIONS's network and/or client's signature on this Agreement constitutes acceptance of this agreement. The effective date of this agreement is the date of the signature of a duly authorized representative of the Client below. 20. Waiver. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law. 21. Counterparts. This Agreement may be executed in several counterparts, each, of which shall be deemed an original. 22. Network Security. The Internet network used in connection with the service is a shared resource amongst other Internet users and 4TECH IT SOLUTIONS customers. Any information sent by the customer over the network is at the sole risk of the customer. Accordingly, internal network security is the sole responsibility of the customer and 4TECH IT SOLUTIONS will not be held liable for any security breaches suffered by the customer as a result of hackers. By signing this agreement, the customer undertakes to take all necessary measures to secure their local network from possible external breaches. Page 3

4 23. Operating Systems and Patches. The customer undertakes to insure that all the computers that will be connected to this service are running secure operating systems with all recommended security patches and service packs. 4TECH IT SOLUTIONS may restrict use of this service if any computer in the customer's network is deemed to be responsible for unauthorized port scans, generation of virus or worm activities that affect other Internet hosts. The customer shall be notified and requested to take remedial measures before normal services can be restored. If the customer engages 4TECH IT SOLUTIONS to clean up the network or computers, a standard callout charge shall be demanded from the customer. 24. Bandwidth Allocation. The customer understands that this is a shared service and therefore at certain times the service may be slower or faster depending on the number of subscribers online at any given time. For this purpose, 4TECH IT SOLUTIONS has provided a guide on how many computers can be connected to the link on a particular service plan. 4TECH IT SOLUTIONS may, however, allocate more bandwidth than what the customer has subscribed to during off-peak 25. Return Policy 4TECH IT SOLUTIONS makes every effort to adequately advise customers regarding the performance and signal availability of the wireless modem. However, in the event that the customer purchases the equipment and finds that it does perform according to expectation, 4TECH IT SOLUTIONS will refund the full cost of the equipment provided the following conditions are met The equipment must be returned within 2 working days from the date of purchase The equipment and all accessories must be returned in its original packaging and in working state. 26. Restrictions by 4Tech IT Solutions (or a duly authorised agent) The subscriber shall be liable for all of their own hardware and other costs for connection to an 4Tech IT Solutions (or a duly authorised agent) point of presence. 4Tech IT Solutions (or a duly authorised agent) will not be liable to the subscriber nor to any associated party for damages incidental, consequential, electrical (including lightning) or of any nature whatsoever. The subscriber shall not, without the express written permission of 4Tech IT Solutions, resell or make available to any third party such services as they might receive from 4Tech IT Solutions. The subscriber will be liable for an installation fee as per quote from 4Tech IT Solutions. The subscriber must pay 4Tech IT Solutions in advance for the service rendered, as well as the basic installation fee. If payment has not been made by the 5th of each month, 4Tech IT Solutions will automatically disconnect the services, while the subscriber shall continue to be liable for the service until the conditions of notice have been fulfilled. Debit payments may be processed in order to collect payments for previous months if they have not been collected yet. All ADSL clients - If your CAPS usage has been exceeded you can order extra CAPS telephonically. Please note that extra CAPS are payable in advance. All wireless equipment that connects to the wireless network of 4Tech IT Solutions (or a duly authorised agent) must be and will remain the property of 4Tech IT Solutions (or a duly authorised agent). 4Tech IT Solutions (or a duly authorised agent) must have access to all wireless equipment connection to its network at all times. Only the registered user is authorized to use the account. 30 days written notice from either party for any reason whatsoever is required to terminate the service. At termination of this service, 4Tech IT Solutions (or a duly authorised agent) has the right to remove all equipment provided for the installation from the subscriber s property. 27. Service Deliver / Service Availability 4TECH IT SOLUTIONS will make all its services and products available in accordance with the communications contract as signed with its clients. 4TECH IT SOLUTIONS will use reasonable endeavours to make its services available to its subscribers, and to maintain the availability thereof for use by its subscribers. However, we provide the services as is and as available and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements. 4TECH IT SOLUTIONS will use its best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service, but cannot always guarantee this. ADSL is a TELKOM service and therefore by its nature a best effort service. Delivery of and the stability of this service is out of the control of 4TECH IT SOLUTIONS. 4TECH IT SOLUTIONS cannot be held liable nor found at fault for the delivery of this service. Any infrastructure provided by any 3 rd party providers and / or infrastructure provided by telecoms companies is outside the control of 4TECH IT SOLUTIONS and therefore 4TECH IT SOLUTIONS Page 4

5 cannot be held liable nor at be found at fault for the delivery of this service or suitability of this infrastructure to the end user / client. ACKNOWLEDGEMENT AND AGREEMENT Customer by its signature below: Agrees to supply the relevant information* and documentation*, as required by the Agreement. Agree to comply and accept the Terms and Conditions as specified in this document. Declares that the information given in this application form to be true and correct. Each of the parties has duly executed and delivered this Agreement" as of the day of 20 (the Execution Date") By: Name: ID No. Title / Capacity: Signature: * If Customer is a natural person: A copy of his/her identification document / Passport on which his/her photo, full name and surname and Identity number/passport number appears is required. If Customer is a juristic person: A copy of his/her identification document / Passport on which his/her photo, full name and surname and Identity number/passport number appears is required. A copy of the business letterhead or a similar document which confirms company name, registration number and physical address or business address or registered address. A copy of the letter of authority or affidavit stating person may represent company. Page 5