074 116 5409

Terms and Conditions

1.1 In this agreement clause headings are for convenience and shall not be used in its interpretation
1.2 Unless the context clearly indicates a contrary intention an expression which denotes –
1.2.1 any gender includes the other genders
1.2.2 a natural person includes an artificial person and vice versa;
1.2.3 the singular includes the plural and vice versa;
1.2.4 the following expression shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings “Customer” & “Subscriber” – shall mean the person whose name appears on the customer application which is annexed hereto next to the caption “Registered name of customer”, or “Applicant Name” or if no such application is annexed hereto, or no name appears thereon, or in any other circumstances, any person or persons at whose request or on whose behalf the supplier undertakes to supply any goods, do any business, or provide any advice or service; “Signatory” – shall mean the individual who signs this agreement and the annexed custom application on behalf of the customer: “Supplier” – Web4Us “Goods” – any items or services of whatsoever nature that are supplied to the customer in terms of this agreement;
2.1 It is recorded that the only basis upon which the supplier is prepared to do business with the customer is that, notwithstanding any thing in the customer’s enquiry, specification, acceptance, order or other documentation or any other documentation or discussion/s to the contrary, the terms and conditions contained herein shall operate in respect of any and all business between the customer and the supplier.
2.2 All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the supplier is and shall be subject to the terms and conditions contained herein, and each term and condition shall be deemed to be incorporated in and to be a term and condition of any agreement between the supplier and the customer.
3.1 This agreement constitutes the whole agreement between the customer and the supplier relating to the subject matter hereof. Unless the context indicates otherwise this agreement incorporates mutates mutandis, all and any customership agreements between the parties extant immediately prior to the date of last signature.
3.2 Subject to what is set out in clause 3.1 above, if there is any conflict between the provisions of this agreement and erstwhile customership agreements (if any), at any time, the provisions of this agreement shall prevail.
3.3 No amendment or consensual cancellation of this agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under this agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this agreement shall be binding unless recorded in a written document signed by an authorised representative of the supplier. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
3.4 No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppels against the supplier in respect of its rights under this agreement, nor shall it operate so as to preclude the supplier thereafter from exercising its rights strictly in accordance with this agreement.
3.5 The supplier shall not be bound by any express or implied term representation, warranty, promise or the like not recorded herein, whether it induced the contract between the supplier and the customer or, not.
3.6 No person other than a duly authorised representative of the supplier has any authority to delete, amend or in any respect vary any of these conditions or accept any other conditions or agree to a consensual cancellation hereof.
4.1 Unless other wise expressly stated, prices are exclusive of value added tax, which shall be for the account of the customer. The customer shall pay or reimburse to the supplier the amount of any value added tax simultaneously with the purchase price.
4.2 The customer shall be obliged to pay to the supplier in addition to the contract price herein –
4.2.1 The amount of any tax, duty or other charge of any nature whatsoever imposed by any law, regulation or enactment of whatsoever nature which comes into force on a date after the date on which any price charged is determined;
4.2.2 Any other additional costs of any nature whatsoever arising due to factors beyond the control of the supplier.
4.3 After the completion of the customer application by the customer, the supplier shall at its own discretion be entitled to make sure enquiries as it may deem necessary to determine whether or not to grant the customer credit as applied for in the customer application or on any other terms, or at all.
4.4 The customer has no right to withhold payment for any reason whatsoever. The customer is not entitled to set off any amount due to the customer by the supplier against any debt owed by the customer to the supplier nor shall any payment be withheld by virtue of any alleged counterclaim against the supplier by the customer.
4.5 No refunds are issued under any circumstances.
4.6 In the event of The Customer failing to make payment of any amount due by it on due date, should the Company instruct it’s Attorney to recover money or goods from the Customer, the Customer shall be liable for and pay all legal costs incurred by the Company on an Attorney and own client scale, including any collection commission.
4.7 If any form of payment RD’S, your account may be reverted to cash only, and a R135 fee will be charged. Further to this, All subscriptions are payable in advance on or before the 3rd of each month.
4.8 Web 4 Us cc reserves the right to do credit checks on all its clients at any time for security
4.9 If payment in full is not made by due date Web4Us may recover possession of the goods as it deems fit. Please note that all outstanding monies including job cards and call outs must be paid by the due date of the subscription following the date of such job jard. If not paid, the outstanding monies will be collected via debit order.
4.10 The sale of any equipment by Web4Us to the Subscriber at a subsidised price as set out in the Schedule shall be subject to the following terms and conditions:
4.10.1 In the event of early termination of this Agreement for whatsoever reason, Web4Us shall have the right to claim from the Subscriber the amount by which the equipment was subsidised by Web4Us at the time of sale of the equipment by Web4Us to the Subscriber together with the subscriptions due for the unexpired period of this Agreement and the Subscriber shall be obliged to effect payment to Web4Us of this amount so claimed on demand; provided that if the Subscriber fails to effect the payment so claimed by Web4Us, Web4Us shall at its discretion call upon the Subscriber to return the equipment to Web4Us in good working order, and shall not be entitled to receive any refund whatsoever for the equipment. The Subscriber will however still be liable for the monthly subscriptions untill the contract expires.
4.10.2 ownership in and to equipment supplied and delivered by Web4Us will remain vested with Web4Us.
4.10.3 all risk in and to equipment supplied and delivered by Web4Us to the Subscriber shall pass to the Subscriber on delivery;
4.10.4 Web4Us’s obligations in terms of any warranties pertaining to the equipment shall be limited to the warranty provided by the manufacturer of the equipment. All transport costs shall be for the Subscriber’s account;
4.10.5 should the Subscriber upon purchase of the equipment discover any fault or defect in the equipment, the Subscriber shall within 3 (Three) days of purchase return the equipment to Web4Us in the same condition and packaging as the equipment was purchased along with the proof of purchase and Web4Us shall, provided the Subscriber has not utilised more than 1 (One) day in airtime, replace the damaged/faulty equipment. In the event of the Subscriber not returning the equipment packaging to Web4Us, Web4Us may charge the Subscriber a packaging fee. If the Subscriber fails to comply with the foregoing the equipment shall be deemed to be free of any fault or defect; equipment returned after 3 days will be send to the supplier of the equipment for repairs and not replaced, Web4Us will not be liable to provide a loan unit in order for the subscriber to continue with the service for the period it takes for the repairs to be effected by the supplier;
4.11 For avoidance of doubt, the provisions of Part I shall mutatis mutandis apply in as far as they can be applicable to the equipment or sale thereof, and be applicable to the sale and incidental matters to the sale of the equipment as contemplated in this Part II and as is specifically incorporated herein.
4.12 Subject to the foregoing provisions of this Agreement the network services procured by Web4Us for and on behalf of the Subscriber on the one hand and the sale or rental of equipment on the other hand under this Agreement shall constitute separate and divisible agreements, each one capable of standing on its own.
4.13 Web4Us will not be liable for any loss, claim, action, expense, damage or injury suffered or sustained by the Subscriber from whatsoever or howsoever arising as a result of the Subscriber’s included hardware or other equipment not being operational where such inoperability arises from whatsoever cause arising the Subscriber hereby indemnifies and holds Web4Us or any other service provider harmless from and against any loss, claim, action, expense, damage or injury.
5.1 The risk of damage to or destruction of any relevant goods passes to the customer on delivery thereof by the supplier to the customer.
5.2 On delivery the customer will be deemed to have accepted the goods ordered by it, which goods will be deemed to be in proper working order and free of defects.
6.1 No warranties, guarantees or representations, express or implied or tacit whether by law, contract or otherwise and whether they induced the contract or not, which are not set forth in this agreement shall be binding on the supplier, the customer irrevocably waiving any right (common law or otherwise) it may have to rely thereon.
6.2 The parties agree that the supplier shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the goods and whether or not occasioned by the supplier’s negligence (gross or otherwise) or any act or omission on its part. Without limiting the aforegoing the supplier does not warrant that the goods will be fit for the purposes for which they are to be used by the customer (notwithstanding that the use to which the customer intends to put the goods is known to the supplier). For the purposes hereof, any reference to the supplier shall include its servants, agents, contractors or any other person for whose acts or omissions the supplier may be liable in law. This also constitutes a stipulation alter in favour of such persons the benefits of which may be accepted by them at any time.
6.3 The supplier shall be relieved of all obligations in terms of this clause if:
6.3.1 Repairs or modifications have been made by persons other than the supplier, unless such repairs or modifications are made with the prior written consent of the supplier;
6.3.2 Any goods are operated with any accessory, equipment or part not specifically supplied or approved in writing by the supplier;
6.3.3 The goods have not been operated or maintained in accordance with the supplier’s instruction, or under normal use.
6.4 If repairs or replacements are effected by the supplier, only the parts actually worked on and not the complete goods shall be subject to a new guarantee, if any, hereunder.
6.5 The above warranties are subject to the following conditions:
6.5.1 The supplier shall be under no liability to the customer until the customer has paid the full amount due to the supplier in respect of the goods or services concerned.
6.5.2 The supplier shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the suppliers instructions (whether oral or in writing), improper use outside the suppliers specifications, damage to the goods caused by improper maintenance, service or repair by untrained personnel or technicians, and unauthorised alterations or modifications of the goods.
6.5.3 The supplier shall be under no liability in respect of parts, materials or equipment which are accepted in the industry to have a limited life expectancy or parts, materials or equipment, which need to be replaced at specified and published service intervals (“consumable parts”).
6.5.4 The supplier shall be under no liability in the event that spare parts and consumable parts other than those recommended for use by the supplier are fitted, attached or used on the goods.
6.6 Notwithstanding anything to the contrary in this agreement, the supplier shall not be liable to the customer by reason of any representation or implied warranty, condition or other term or any duty at common law, or under the express terms of this agreement, for any consequential loss or damage (whether for loss of profit or otherwise and whether occasioned by the negligence of the supplier or its employees or agents or otherwise) arising out of or in connection with any act or omission of the supplier relating to the supply of the goods, their resale by the customer or use by any third party.
6.7 Media and Consumables do not carry any warranty
6.8 All products carry a 6-month carry-in warranty only. Warranty period is calculated from date of purchase- Please take note of the following conditions pertaining warranty claims;
6.8.1 The Client remains responsible for the monthly fee even if he has no Internet due to equipment that is damaged and sent to the Manufacturer for repairs.
6.8.2 The Client will be responsible for all the call out fees to remove / replace equipment.
6.8.3 No Loan Equipment will be provided as intern replacement.
6.8.4 Web4Us undertake to give the Client feedback regarding repair / replacement within 21 working days of shipment to the Manufacturer.
6.9 The warranty will be void if there is any physical damage or burn marks on the Product.
6.10 The warranty will be void if the serial number or any other labels are missing or items have been tampered with in any other way.
6.11 The warranty will be void if items have been struck by lightning including static damage, or mishandled in any way.
6.12 All products will be tested before a replacement is issued.
6.13 All faulty products returned have a minimum of 72 hours lead-time set by the supplier for collection.
6.14 Any goods accepted for warranty purposes are done so at the discretion of the supplier.
6.15 The supplier will not be held responsible for any kind of data loss whatsoever. The customer must make backup of data before equipment is booked in.
6.16 Any repair time given by the supplier is merely an estimate and the supplier will not be bound by it.
7.1 The supplier reserves the right to levy a handling fee of up to 35% of the purchase price of the relevant goods on such goods returned to and accepted by the supplier. The supplier is not obliged to accept the return of any goods and this clause shall not be used to imply that the supplier shall be obliged to accept the return of any goods.
8.1 Ownership of the goods shall not pass to the customer until the contract price (including interest if any) as well as any subscription period agreed upon, has been paid in full. The provisions hereof shall apply not withstanding the installation of such goods in the customer’s premises or the accession thereof to any of the customer’s goods or that the goods may be incorporated into or form part of other goods or change their essential character. All goods, whether fixed to immovable property or not, shall be deemed to remain movable property and be deemed to be sever able without injury to either property.
8.2 The supplier reserves the right to inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause. The customer shall be obliged to advise the supplier of the name and address of the landlord of any such premises and shall promptly advise the supplier of any change in the name and/or the address of any landlord or of any new landlord.
8.3 The customer shall take all such steps as may be necessary to notify interested third parties that ownership of the relevant goods has not passed from the supplier to the customer. In particular the customer shall inform the owner/landlord of the premises in which the goods are or at any time may be, of the provisions of this clause. The customer shall produce written proof of such notices to the supplier on demand.
8.4 In the case of rental equipment, ownership shall not pass as the goods remain the property of Web 4 Us cc.
9.1 The supplier shall be entitled to substitute for any goods specified in this agreement such other goods, which the supplier in its sole discretion may regard as suitable substitutes therefore.
9.2 The supplier reserves the right to alter specifications as conditions warrant without notice. Should conditions render unavailable any materials or goods specified herein or otherwise required in order to fulfill this agreement, a substitution deemed by the supplier to be suitable for the performance of its obligations may be supplied.
10.1 All specifications, descriptive matter, drawings and other documents furnished by Web4Us do not form part of the contract and may not be relied upon, unless they are agreed in writing by Web4Us to form part of this contract. All descriptive matter, specifications, drawings and particulars given by Web4Us which form part of the contract are approximate only and Web4Us cannot be held responsible for loss due to discrepancies therein.
11.1 The supplier requires the customer at its own expense and prior to taking delivery of all goods, to insure the goods and thereafter keep the goods insured, this includes all Rental equipment. The insurance policy shall record the interest of both the supplier and the customer in writing. The customer shall cede to the supplier all its rights in terms of such insurance policy. The customer takes full responsibilty for all equipment supplied. 
11.2 The Subscriber is responsible for insuring the equipment at replacement value. Such value will be provided by Web4Us on request.
13.1 Subject to clause 13.2 if the customer breaches any of the terms or conditions hereof or any other agreement with the supplier of fails to pay any amount payable by it on due date or commits any act of insolvency or endeavors to compromise generally with its creditors or does or cause to be done anything which may prejudice the supplier’s rights here under or at all, or allows any judgment against it to remain unsatisfied for 7 days or is placed into provisional or final liquidation or judicial management or under provisional or final sequestration or if his estate is voluntarily surrendered, the supplier shall have the right, without prejudice to any other right which it may have against the customer, to elect to :-
13.1.1 Treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the agreement and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations here under as well as under any other contract with the customer until the customer has remedied the breach.
13.1.2 Cancel this agreement and retake possession of any of the goods sold or rented
13.2 The supplier shall not be obliged to comply with its obligations here under in any respect whatsoever for so long as the customer is indebted to the supplier in any amount whatsoever in respect of any cause whatsoever or fails to comply with any other obligations to the supplier, whether arising out of this contract or otherwise. In particular without limiting the generality of the a foregoing if delivery of any particular order is to take place in stages, the supplier shall not be obliged to deliver any part of the order until the purchase price which is due in respect of the part of the order which has already been delivered, has been paid.
13.3 No claim under this contract will arise against the supplier unless the customer has given the supplier 30 days written notice sent by prepaid registered post to rectify any defect or breach of contract.
13.4 The customer agrees that the amount due and payable to the supplier shall be determined and proven by a certificate issued by the supplier and signed on its behalf by any person duly authorized by the supplier, which authority need not be proven. Such certificates shall be binding and shall be prima facie proof of the indebtedness of the customer.
13.5 The customer hereby indemnifies the supplier against any and all damage of whatsoever nature, howsoever and by whomsoever caused in relation to the removal of goods and without derogating from the generality of the foregoing the removal of repossessed goods from the premises of the customer.
13.6 The customer hereby agrees that the supplier shall not be required to furnish security in terms of rule 62 of the Rules of Court of the Magistrate’s Court.
13.7 The supplier shall have the right to institute any action in either the relevant Magistrate’s Court or the High Court at its sole discretion.
13.8 In the event that Web4Us requires payment for the services provided to the Subscriber to be made by debit order, the Subscriber will commit a breach of this Agreement if the Subscriber:
13.8.1 cancels any such debit order without the written consent of Web4Us;
13.8.2 change his banking details upon which the debit order relies without giving Web4Us prior notification of such change and providing Web4Us with the Subscriber’s new banking details. The Subscriber hereby authorizes Web4Us to debit any bank account held by the Subscriber for the costs owed by the Subscriber in terms of this Agreement
13.9 Without detracting from any of the other provisions of this clause 13, in the event of a breach of any provisions of this Agreement or the subscriber prematurely terminating this Agreement and Web4Us electing to cancel same, the Subscriber shall be liable to effect payment to Web4Us of all the monthly service charges which would have been payable to the operator in respect of the remainder of the period of this Agreement.
14.1 The parties choose domicilium citandi et executandi (“domicilium) for the purposes of the giving of any notice the payment of any sum serving of any process and for any other purpose arising from this agreement at their addresses and telefacsimile numbers as set in the customer application annexed hereto.
14.2 In the event that the domicilium address reflected above differs from that set out in the customer application annexed hereto the supplier shall in its sole discretion regard either of the addresses as the customer’s domicilium.
14.3 Each of the parties shall be entitled from time to time, by written notice to the other to vary its domicilium to any other address which is not a post office box or poste restante.
14.4 Any notice given and any payment made by any party to any other (“the addressee”) shall be in writing and if:
14.4.1 Delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee at the time of delivery.
14.4.2 Posted by prepaid registered post from an address to the addressee at the addressee’s domicilium for the time being shall be presumed until the contrary is proved by the addressee to have been received by the addressee on the fourth day after the date of posting.
14.4.3 Transmitted by telefacsimle form an address to the addressee’s at the addressee’s telefacimle address for the time being shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the first business day after the date of transmission.
15.1 This Agreement is personal to the customer, who may not without the written consent of the supplier assign, mortgage, charge or dispose of any of its rights hereunder or sub-contract or otherwise delegate any of its obligations hereunder.
15.2 The Customer acknowledges that in entering into this Agreement, it does not do so or the basis of and does not rely on any representation, warranty or other provisions except as expressly provided herein, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
15.3 “The Subscriber hereby warrants and undertakes in favour of Web4Us that the Subscriber:
shall not use nor allow the network services to be used for any improper, immoral or unlawful purposes nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the network services;”
16.1 The customer shall not be entitled to cede or assign any rights and or obligations that it may have in terms of this agreement to any third party.
17.1 The customer shall be liable for all costs incurred by the supplier in the recovery of any amounts or the enforcement of any rights which it has there under including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.
17.2 The customer undertakes to pay the costs of the suretyship and cession contained herein including any stamp duty payable thereon and agrees that such costs can be debited to the customer’s account upon acceptance.
18.1 The signatory by his signature hereto binds himself in favour of the supplier, its successors in title and assigns as surety for and co-principal debtor in solidum with the customer for the due and punctual performance by the customer of all its obligations to the supplier in terms of this agreement.
18.2 The suretyship in 18.1 shall remain of full force and effect notwithstanding :
18.2.1 Any indulgence, concession, leniency or extension of time, which may be shown or given by the supplier to the customer.
18.2.2 Any amendments to this agreement and/or any other agreement for the time being subsisting between the parties.
18.3 The signatory hereby renounces the benefits of the legal exceptions “non causa debiti”, “errore calculi”, “excussion”, “division”, “de duobus vel pluribus reis debendi”, “no value received” and “revision of accounts” with the meaning and effect of all of which he declares himself to be fully acquainted.
18.4 The signatory warrants as a material warranty which the signatory relies on in entering into this agreement that he is duly authorised to represent and bind the customer to this agreement and that he has read and understood each term and condition of this agreement and accepts them as binding on him and the customer. The customer hereby warrants that it regards the terms and conditions of this agreement as binding upon it.
18.5 The signatory and the customer hereby warrant that the signatory to any tax invoice, delivery note or other documentation of the supplier made out in the name of or to the customer is duly authorised to bind the customer in respect of the relevant transaction.
18.6 The signatory shall be bound by the provisions of this agreement as if he were the customer, mutatis mutandis, particularly, but without limitation thereto, insofar as the agreement provides for proof of facts, costs of proceedings, service of process, limitations of defences and jurisdiction.
18.7 That Web4Us cc may carry out a credit enquiry with ITC if deemed necessary. That the directors/members/principals do hereby sign as surety and co-principal debtor/s for the due fulfillment of the applicant’s obligation to Web4Us cc
19.1 The customer shall have no claim of any nature whatsoever for damages, a remission of the purchase price, cancellation or otherwise against the supplier, its servants, agents or others on whose behalf the supplier would be liable, in respect of any loss or damage sustained by the customer of any nature whatsoever or any damage caused to the assets of the customer or assets kept on its premises by any third parties or in regard to the customer’s business or sustained by any of its customers, howsoever caused including the negligent (including grossly negligent) acts or omissions of the supplier, its servants, agents or others for whom it may be liable in law. This constitutes also a stipulation altering favour of such person the benefits of which may be accepted by them at any time.
20.1 Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents or contractors or other persons for whom in law it may be liable, shall the supplier be liable for any consequential loss sustained by the customer. This also constitutes a stipulation altering in favour of such persons and benefits of which may be accepted by them at any time.
21.1 Each paragraph or clause in this agreement is severable the one from the other and if any paragraph or clause is found by any competent court to be defective or unenforceable for any reason whatever the remaining paragraphs or clauses shall be of full force and effect and continue to be of full force and effect.
22.1 Any transaction is subject to cancellation by the supplier due to force majeure from any cause beyond the control of the supplier, including without restriction the generality of the aforegoing, inability to secure labour, power, materials or supplies or by reason of an act of God, war, civil disturbances not state of emergency, strike, lockout or other labour disputes, fire, flood, drought or legislation.
23.1 The customer shall forthwith after the conclusion of the contract furnish the supplier with all information reasonably required by the supplier to enable it to comply with its obligations.
24.1 These agreements shall be governed by and construed in accordance with the laws of the Republic of South Africa and the parties hereby submit to the non-exclusive jurisdiction of the courts.
25.1 No notices, cheques, cash or other documents sent to the supplier through the post shall be deemed to have been received unless and until actually received by the supplier.
26.1 Web4Us may at any time, without notice to the Subscriber and in any manner whatsoever, suspend the Subscriber’s access to the network services in the event that:
26.1.1 any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the network services or the network;
26.1.2 the Subscriber fails to perform any of his obligations, or breaches any terms of this Agreement;
26.1.3 the Subscriber at any time exceeds the credit limit which Web4Us in their absolute discretion shall set and notify the Subscriber of, from time to time.
26.1.4 Web4Us reserve the right to require the Subscriber to effect payment of any applicable reconnection charges pursuant to the restoration of network services suspended in the circumstances contemplated in clause 26.
26.1.5 In the event that the Subscriber’s access to the network is suspended the Subscriber shall still be liable for the monthly service charges during any such period of suspension.