Terms and Conditions

Internet Services

About Us

ITNT is striving towards an online service offering for an overall improvement in internet access costs. Our primary goal is to eliminate barriers to entry to receiving internet services for all users in South Africa. We will strive to lower costs and find improved ways to offer internet services.

General

By contracting with ITNT for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The client certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorized by the Applicant to contract on Applican's behalf.

The following legal documents accordingly apply to the provision of Hosting, Mobile Data, Fibre Services and Capped ADSL services herein referred to as the 'Internet Services' and are binding on any subscriber to such service:

• ITNT's Acceptable Use Policy (AUP) available online.
• Telkom's Standard Terms and Conditions for the provision of Public Switched Telecommunication Services, available here or from all Telkom Direct Shops.
• MTN's AUP for Mobile Data
• Openserve Fibre - Standard Terms and Condition
• Vumatel Fibre - Standard Terms and Conditions

Clients and potential clients are encouraged to familiarise themselves with the content of these documents, which are incorporated by reference into these Terms and Conditions.

Disclaimer of Warranty and Limitation of Liability

ITNT accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of the Internet Services.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions authenticated by credentials associated with their account(s). It is advised that authentication credentials be changed regularly to allay concerns of security. ITNT accepts no liability for any loss or damage suffered by Subscribers for any loss or damage suffered by the use of Subscribers' authentication credentials.

The provision of the 'Internet Services' service is subject to:

• Domain availability;
• The provision of upstream and network services;
• Network availability;
• Valid and operational last mile provider service.
• Distance of the applicant from the local exchange;
• Copper quality as provided by Telkom; and
• Line sync speed limitations as may be applied or incurred through Telkom.

ITNT reserves the right to refuse Internet Services based on network, domain and/or equipment identifiers.

ITNT WILL NOT BE LIABLE TO THE SUBSCRIBER OR ANY THIRD PARTY IN RESPECT OF ALL AND ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY, HOWSOEVER ARISING.

Indemnity

THE CLIENT INDEMNIFIES AND HOLDS HARMLESS ITNT IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST ITNT ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. we will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Client Information and Privacy

Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.

ITNT will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.

The Client consents to ITNT processing Personal Information transmitted to the ITNT System in a way which is consistent with the Service being provided. Where the Client's use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies ITNT from any claim brought by such third party as a result of its failure to do so.

ITNT may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However ITNT gives no warranty in respect of the effectiveness of such backups (if any).

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

ADSL Service Availability

Before subscribing to the ITNT DSL service please ensure that you have a valid and active Telkom telephone service as this is a prerequisite for provision of the ADSL service. ITNT advises potential clients to confirm the availability of the service in their particular desired location prior to purchasing or ordering a DSL modem or other hardware. The availability of ADSL services can be checked here.

ITNT can also not guarantee the provision of the requested service upon the receipt of a telephonic or electronic order. Applicants will be formally notified after receipt of an order on whether or not the DSL access service can be provided.

Service availability to any applicant is further subject to:

• Any credit checks which ITNT may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises ITNT to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
• Compliance by the applicant with the RICA registration requirements.

ITNT is not responsible for Telkom Lead Times and provisioning of DSL services.

Payment and Payment Terms

Billing will commence on the date on which service provision commences. ITNT reserves the right at any time, without notice, to immediately suspend and/or terminate the provision of access to the Internet or other Services due to non-payment by the Customer or should it be required to comply with such a requirement in terms of any laws or regulations in effect and applicable to this Agreement.

The Customer agrees to effect payment by way of Pay Pal, Credit Card, Debit Card or Order, unless otherwise agreed, and hereby consents to ITNT deducting fees, deposits and other amounts from the account/s specified. The Customer, shall be liable, and immediately pay upon demand, for unauthorized bandwidth usage over and above the agreed bandwidth usage in any particular month, notwithstanding the fact that the Customer may have access to and use of any additional bandwidth in such month.

Service fees are payable to ITNT monthly in advance by way of Credit card, Pay Pal, EFT or Debit Card prior to or on the first working day of each and every calendar month.

Billing will commence on the date on which service provision commences, thereafter 'Monthly' services will be renewed from the 28th to the 1st , preferably prior to the first working day of each and every calendar month to ensure service continuity on the 1st. 'Once-off' Adsl services will not be renewed as the purchased data expires at month end.

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. The bandwidth on a per gig service will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date.

Service Changes (Applies to DSL, Fibre, Mobile and VoIP)

Upgrades and Downgrade Service Changes

Service Changes are changes to the product, speed, combo or data purchased which changes the renewal of the service/s and are billed prorata.
For ease of understanding, services referred to as Upgraded services are services which result in a price increase on the next renewal and Downgraded services are services which result in a lesser billed renewal than the current service.
New services can only be set to Downgrade from the second month (month after activation) and will only apply from the following month (month 3).
Clients are not able to service change to an Upgraded service and then service change to a Downgraded service in the same month. The Upgraded service change must first be renewed before a Downgrade can be set for the next renewal.
Example: a Mobile Data service is service changed from 1GB to 5GB in August. The client will only be able to set a service change to a Mobile Data service smaller than 5GB during the month of September for October as the service must first be renewed on 1 September at 5GB before it can be downgraded.

Term and Termination

The cancellation period for month-to-month contracts will be one calendar month notice period required in writing (cancellable on proof of submission to ITNT) or if available can be selected within your online Admin Portal; the notice period will take effect on the first day of the month immediately following your written notice for cancelation. Cancellation of 'Internet Services' is the clients responsibility and ITNT will not be responsible for any additional costs or compensation to the client due to a cancellation not being actioned correctly according to the terms of cancellation.

The cancellation period for a 12, 24 or 36 month contract, will be 90 days written notice on a company letterhead document before the end of the initial contract period - Cancellation before the end of the initial contract period will carry a penalty fee. All services based on a 12, 24 or 36 month contract, and have exceeded their initial contract period will be automatically thereafter renewed for a further 12-month period unless written notice is received 90 days prior to contract term. Proration billing does not apply to cancellations.

ITNT reserves the right to terminate this Agreement and any service provision to a client where there is a breach of these Terms of Use but undertakes to act reasonably in doing so.

The client acknowledges that ITNT may terminate this agreement by written notice and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of the DSL service.

Rollover of Bandwidth

Subscribers should note that rollover of unused bandwidth is valid until the end of the month of purchase. ITNT will rollover unused data for an additional calendar month proactively. This is referred to as the “Rollover Period”. The Rollover Period will not exceed 31 days. Clients will not be eligible for further rollover of data once the Rollover Period has elapsed. Data will first be consumed from the rolled over data, before using the new Monthly Allocation or any newly purchased data in the same month. Clients who request a package change will forfeit any rolled over data from their previous package.

"Topping-up" Bandwidth

Where a subscriber exhausts the purchased bandwidth or reaches the fixed cap he or she will be hard-capped. This means that no further access (other than dial-up access for fixed cap account users) will thereafter be allowed other than to the ITNT Capped Adsl website for the purpose of ordering additional prepaid ADSL bandwidth.

Monitoring of Usage

ITNT takes steps to monitor the bandwidth usage of subscribers so as to ensure that subscriber bandwidth limitations are not exceeded. This monitoring is subject to the nature of the ADSL service as offered by Telkom, including the fact that monitoring is session-based, i.e. bandwidth usage can only be calculated when the subscriber's DSL session is terminated. As a result a subscriber's current session will be automatically terminated for a very short period of time every 24 hours.

ITNT further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating subscriber DSL sessions.

Where a subscriber exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:

• ITNT, at its sole discretion, may allow a degree of over usage
• Such allowed over usage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of ITNT's rights to enforce the hard cap.
• ITNT may, at its sole discretion, recover the cost of the over usage. Such recovery will be from the subsequent month's fixed cap or the next top-up purchased.

NOTWITHSTANDING THE MONITORING OF USAGE THE SUBSCRIBER AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.

ITNT also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure that the Terms of Use and AUP are being complied with.

Subscriber Usage Management

Subscribers can proactively managing their usage and avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the ITNT Client Admin Portal - Client Area

"Best effort" Service

ITNT will do all things reasonably necessary to provide and maintain a best-effort continuous internet access service and use to the Customer, but cannot guarantee a continuous uninterrupted service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure. No Service level agreement is associated with the Service/s provided by ITNT.

Due to the fact that Telkom currently only offers DSL access services as a "best effort" service, ITNT's DSL service is likewise also a "best effort" service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

Due to the fact that Telkom cannot guarantee the bandwidth throughput achieved when subscribers access the Internet utilising a DSL access line, ITNT can likewise also not offer such a guarantee.

Please note that DSL is an access medium to the Internet and accordingly remains subject to any bandwidth related constraints which may apply to or be experienced in the use of the World Wide Web (WWW).

Telkom Voice Line Rental

ADSL Line Rental clients remain liaible to Telkom for the monthly Voice Line Rental fee, regardless of whether the Voice Line is in use (plugged in) or not. Telkom requires that voice lines remain active in order to provide ADSL services.

Telkom will bill clients directly for Voice Line Rental as follows (prices correct at time of publishing, but may vary):

• R189.00 incl VAT per month for a residential voice line rental.
• R239.00 incl VAT per month for a business voice line rental.

Fibre Services

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from ITNT a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/ITNT or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. ITNT offer Fibre to the Home services and Business through our Fibre Line Providers. The availability of Fibre services can be checked here.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation, ITNT will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address. An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers.

Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel at least 30 calendar days before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel. Cancellation requests which do not adhere to the calendar month notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of ITNT bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Capped Services

Rollover of Data
Should you not use all of your purchased data within a month (1st to last day of each month); the unused data will carry over to the following month for a period of 3 months. As your data is exhausted the unused data from the oldest months accumulated data will be added to your service. In order to use your rollover you must first deplete your monthly allocation of data, once the monthly allocation is depleted your rollover data will automatically become available.

EXAMPLE
You have not used up all your data for June, July and August. In September you run out of data, we will automatically allocate the unused data from June to your data service first. If you deplete this data too, we will automatically allocate the unused data from July and if you deplete this, we will automatically allocate the data from August. If you reach the end of September and you only needed to use your rollover data from June and July, the unused data from August will be available to use in October.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason all data that has accumulated will fall away and will not be re-allocated on payment for the service. Should you cancel your service any accumulated data will fall away.

Uncapped Services

Uncapped services are designed and intended for personal use only. The Uncapped Services may not be repackaged/broken down and sold to 3rd parties, may not be used to provide network services like hosting/mail/ftp/backhaul for Wifi/internet cafes and other networks. The use and/or exploitation of our uncapped services for commercial use is strictly prohibited. (We have very competitive Per Gb pricing for commercials).
The Acceptable Use Policy for the Home Uncapped, Premium Uncapped and Premium Plus Uncapped can be found here. By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

All uncapped services are billed within a calendar month (1st to last day of every month). Your proof of payment is to reach us before 5pm on the last day of the month to prevent service interruption on the 1st of each month.

Mobile Data

Mobile data is a monthly billed service unless otherwise stated. Mobile Data is subject to the same Terms and Conditions as ADSL data, for the purposes of Payment, Termination and Monitoring of Usage except where specified.

Mobile Data is subject to the Regulation of Interception and provision of Communication-related information Act where applicable (RICA). When a purchase for mobile data is made it is deemed that you have read, understood and accepted all Terms & Conditions pertaining to the purchase.

If you have any queries please contact us before making any purchase for any service through this website, our 24 hour, 7 day a week support number is 086 123 4868.

Coverage and Signal Availability

Service delivery of Mobile data is dependent on signal availability and demand for data services in any particular area. ITNT does not warrant or guarantee service for any specific areas, whilst every effort will be made to give clients an indication of possible service via the Mobile Coverage Map. ITNT accepts no liability should the aforementioned map differ to actual data service experienced.

LTE

SIM cards provided by ITNT are not automatically LTE enabled. LTE capable ITNT Mobile SIMS can be activated for LTE services via the Client Control Panel. Activation of LTE on the SIM is within 72 hours of the request. Clients using their own MTN SIM for ITNT Mobile Data will need to request the activation of LTE with MTN directly.

An LTE capable device is required in order to obtain LTE speeds.

FLEXIBLE DATA BUNDLES

The customer is aware that any data usage done on any SIM will be billed at the rate in accordance with the Flexible Data Bundle Service Schedule. The customer accepts responsibility for the usage done, regardless of whether ITNT had provided reports or notifications of the SIM data usage.

Purchasing of DaMonthta and Devices

ITNT reserves the right to limit the quantity of purchases made. Data and devices may only be purchased via credit card or debit order. EFT, Stop Order and Cash Deposits are not accepted. Your order will be shipped once your payment has been cleared. Credit Card payments are cleared within 24 hours and Debit Order payments can take up to 10 working days to clear. Your order will be shipped on the first working day of your payment being cleared.

Device Support

Technical support is provided for the setting up of the APN on the client's device. ITNT does not offer support on applications or set-up of device applications such as email.

Existing SIM

Clients are able to use ITNT Mobile Data on their existing contract MTN sim (not available on prepaid MTN sim's). The client's use of their existing MTN contract sim is subject to the same Terms and Conditions as all other ITNT Mobile Data products and services. Should we fail to verify your MTN sim with MTN for provisioning of ITNT Mobile Data your order will be deleted (all purchases within the order) and the purchase/s will need to be re-purchased.

"Topping-up" Data

Mobile data clients are able to top up their data should they exhaust it at any time during the month. This top-up can be done via the Control Panel or Mobile Control Panel. Data that has over run the purchased data total will be deducted from your next top-up. Example, 500mb purchased, 550mb used before capping takes place, top-up with 500mb, 450mb will be allocated.

Promotional Data Packages

The promotional free data that is offered on purchase is only valid for the period selected by the client. If the client does not select a promotional free data package on purchase the promotional free data will not be applied. Once the free data period has ended the client will automatically be billed via there selected payment method for the data service at the non-promotional price.

Cancellation of Data

If a data product is cancelled the SIM card linked to the product including any unused data will be cancelled on the requested date. If the client has opted to use their own SIM, the ITNT Mobile Data service will be discontinued on their selected SIM. Once cancellation of the SIM has taken place it cannot be reactivated.

Failure to Pay

Should we not receive payment for data purchased the data together with the SIM provided will be cancelled. If the client has opted to use their own SIM, the ITNT Mobile Data service will be discontinued on their selected SIM. Once the SIM has been cancelled it cannot be reactivated.

Mobile Devices, Warranty and Exchange/Return Policy

All Devices are only available with the purchase of data and are not sold separately. ITNT will provide an ITNT Mobile SIM that is compliant with the device purchased unless Existing MTN SIM Card is selected on purchase.

ITNT has a 7 business day device return policy from date of purchase. Units returned must be returned as shipped (i.e same cosmetic condition and all shipped packaging, parts and accessories included) to be eligible for refund or exchange.

ITNT will NOT arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to ITNT. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

All Mobile Devices are covered by a product specific warranty as per the manufacturer's warranty, for the repair or replacement of faulty units. The warranty is limited to items covered by the manufacturer only.

The warranty does not cover any damage deemed to have been caused by the client's misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange or return). Using incorrectly sized SIM cards and any physical damage as a result, is deemed to be improper use or abuse of the product. This effectively voids the manufacturer's warranty and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the product. In such circumstances, ITNT will not be liable to repair or replace any such devices and no further correspondence will be entered into once the device is deemed to be out of warranty.

Failure to abide by ITNT' policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

Identity Verification Requirements (RICA)

By accepting the Terms and Conditions for RICA you undertake to inform any persons that the purchase is intended for of the Terms and Conditions herein and their responsibilities in terms of the RICA Act.

All Data products are subject to RICA verification, as stipulated by law (Regulation of Interception of Communication Act of 2008). Clients are required to produce a legible copy of their valid Identity Document or Passport and proof of residential address. Non-South African citizens may submit a copy of their valid Passport. Verification documents must contain photo identification and must be a barcoded form of identification. Failure to produce the required aforementioned information will result in the product not being activated, regardless of any amounts billed.

Delivery of the data product will not take place if the required documentation is not produced and successfully verified. RICA verification must be done in person, for each new purchase of a data product regardless of whether the person/s has been RICA' d previously. The drivers of the courier service used by ITNT are RICA agents and will RICA the user upon delivery of the order. The person who will use the SIM is the person who will be vetted and must therefore be available to accept delivery. Under no circumstances will someone else be able to accept delivery on behalf of the user. Should the order be for business purposes an authorized representative for the business must be available to accept delivery and be vetted in his/her own capacity on behalf of the business. Clients will be required in terms of the Act to keep their physical address updated with ITNT for a period of five (5) years from the date of purchase. The RICA verification for individuals younger than 18 years of age must be performed by their Legal Guardian on their behalf.

The following documentation together with legible copies thereof will be required for the RICA verification; the copies will be retained by the person delivering your RICA product:

For a Natural Person:

• Proof of Identification
• Proof of Physical Address (Home Address)

For a Business:

• Proof of Company Details
• Proof of Address
• Letter authorising selected representative to act as representative on behalf of the business
• Proof of Identity for the representative
• Proof of physical home address of company representative

The following documents are accepted for verification purposes:

Identity Verification (Natural Persons and Company Representative):

• Green bar-coded South African ID book
• Valid temporary ID issued by Home Affairs
• Valid South African passport
• New bar-coded ID cards
• For Non-South African citizens - Passport or valid VISA /permit

Company Detail Verification (Businesses):

• Company registration documents
• Tax Clearance Certificate
• SARS registration documents, or
• Any other Government issued documents containing the Company details

Proof of Physical Address (Natural Persons, Businesses and Company Representatives):

• Lease Agreement (not older than 12 months)
• Municipal Account (not older than 3 months)
• TV License (not older than 12 months)
• Telephone Account (not older than 3 months)
• Bank Statement (not older than 3 months)

Retail account which is delivered to that address on a regular basis (not older than 3 months)

Domains

• For more information about Registrant Education, please click here: Educational info on registrant-rights
• For more information about Domain Name Registrant Rights, please click here: Registrant-rights and benefits.
• For more information about domain abuse or if you want to report an abuse of Domain use or services please send to abuse@itnt.co.za

Transferring your Domains

Please note that your current ISP may not release your domain/domain information until your account has been settled.

To ensure the minimum amount of downtime for your business/website, we require the following for setup on our servers:
- advise your current ISP that you will be transferring your domain to itnt.co.za
- FTP details
- copy of your Database (where applicable)
- Authorization Code (if applicable)
- Unlocking of the Domain (if applicable)
- Email addresses that you require.

When transferring your domain from ITNT
Please give our accounts department (support@itnt.co.za) a calendar month’s notice and ensure that your account is paid up. Thereafter, you shall need to liaise with your new hosting provider and get further instructions from them.
NB: Should you transfer your domain to another ISP, please remember to ensure that you cancel all your itnt.co.za services pertaining to it. ITNT.co.za runs on an automated billing system and will NOT automatically cancel any services off a customer's account.

Fees for transferring a domain:
Transferring a local domain (e.g. .co.za) is currently, free of charge. However, transferring an international domain (e.g. .com) usually incurs a fee. The fee can be in the format of paying an annual renewal fee at the time of transfer.

Hosting

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. The bandwidth on a per gig service will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date.

Hosting Service Changes - Upgrades and Downgrade Service Changes

Service Changes are changes to the product, storage or combo purchased which changes the renewal of the service/s and are billed prorata.
For ease of understanding, services referred to as Upgraded services are services which result in a price increase on the next renewal and Downgraded services are services which result in a lesser billed renewal than the current service.
New services can only be set to Downgrade from the second month (month after activation) and will only apply from the following month (month 3).
Clients are not able to service change to an Upgraded service and then service change to a Downgraded service in the same month. The Upgraded service change must first be renewed before a Downgrade can be set for the next renewal.
Example: a Hosting or Cloud package is changed (upgraded) from Cloud 2 to Cloud 3 in August. The client will only be able to set a service change (downgraded) to a Cloud 2 service which is smaller than Cloud 3 during the month of September for October as the service must first be renewed on 1 September at Cloud 3 before it can be downgraded.

Hosting Enviroment

The ITNT Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

ITNT only offers the Free Domain registration promotion for ".co.za" domains with new customers who have purchased a new shared hosting package. This is a bundled package and cannot be separated. If a shared hosting package is cancelled or transferred within 6 months, the customer is liable to pay for his or her free domain. Such fees must be settled in advance before any domain transfer can take effect.

ITNT has not and does not conduct pre-registration searches in respect of the customer's use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name customer/customer about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis three (3) months in advance e.g if the original registration date was on the 10th of April 2014 you will be billed your annual registration fee on the 1st of January 2015.

The use or registration of the Domain Name by the customer does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that customer has the right to use the Domain Name as requested.

ITNT cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, customer acknowledges that ITNT may be presented with evidence that a Domain Name registered by customer violates the rights of a third party. In such instance ITNT shall be allowed to provide a complainant with customer's name and address and all further communication will exclude ITNT and ITNT will have no further obligations to the customer. In such instance customer shall be entitled to continue using the Domain Name registered for customer by ITNT until a court or other body with jurisdiction directs otherwise.

ITNT will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Customer's selected domain names/s OR ANY ACTION TAKEN BY ITNT IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

The Customer hereby indemnifies and holds harmless ITNT against any loss whatsoever arising from any dispute or claim or other action occasioned by the Customer's use and registration of its selected Domain Name, even if ITNT has been advised of the possibility of such damages;

ITNT will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Neither ITNT, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that ITNT's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ITNT Server service, unless otherwise expressly stated in this Agreement.

ITNT expressly limits its damages to the Customer for any non-accessibility time or other down time during the system unavailability. ITNT specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

ITNT is not responsible if an external company network and firewall is setup to block access to services ITNT provides. If a client's network is setup to block certain ports or web addresses that compromise the services ITNT provides it is the client's responsibility to ensure that their network configurations are changed as necessary.

 

Hosting Services - SMTP and Infrastructure Management

ITNT does NOT provide SMTP mail services by default with shared hosting packages.

ITNT reserves the right to suggest suitable alternative services to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

ITNT reserves the right to move a website between web servers and Internet backbones within South Africa as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented.

ITNT reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an ITNT Server to ensure compliance with this Agreement, ITNT’s AUP, or any applicable laws regulations or codes of practice.

The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

 

Backup Services

Clients are solely responsible for backing up their data and ITNT strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. ITNT will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

ITNT may, in some instances, offer a separate backup service in conjunction with dedicated hosting and virtual cloud hosting, and will make such backups available to Clients on request as and when they are available. However, ITNT does not warrant or guarantee the availability, completeness or “up to date” status of such backups.

Clients are ultimately responsible for their own data, and ITNT strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.

ITNT also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by ITNT by instruction from Clients or by Clients themselves.

ITNT will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

Cloud Hosting Services

ITNT reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which ITNT deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

ITNT strictly forbids the creation of nested VM's, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of ITNT’s AUP and Terms & Conditions (contrary to the intended use of the product).

ITNT also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

ITNT may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

 

Dedicated Hosting Services

ITNT provides servers to Clients for the purposes of their hosting needs. However ownership of physical hardware rests solely with ITNT at all times. Clients may not make any claim to hardware deployed for their hosting, and may not have access to ITNT property, hardware or hosting infrastructure (such as data centres) without prior consent, which must be obtained by written application sent to the Support Team with a minimum of 24 hours notice. ITNT, at its discretion, may refuse such requests within reason.

 

Mail Hosting Services - Spam/Virus Filtering

ITNT provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that ITNT shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

ITNT reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

 

Webmail Services

Webmail and other web-based email services made available by ITNT are provided on an "as is" basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that ITNT shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of ITNT. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

 

Limitation on Mail Size

Individual mail sent to the Client's POP3/IMAP box or forwarded to the Client's existing email address may be limited to 5000kB in size each.

 

IP Addresses

ITNT will issue IP addresses to dedicated servers or to other hosting servers, either as part of the standard product, or upon request (subject to applicable fees). IP addresses will be assigned to Clients at ITNT’s discretion and on a first come first serve basis.

Delivery Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Order processing

Order processing will not begin until we receive a confirmed order and full payment.

Refunds/returns Policy

Refunds will not be granted for accounts purchased in error. Should it be proven that an account is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an ITNT banking account erroneously will also have a 15% fee levied to cover our bank charges. Refunds are processed after the second week of the month.

Should you for any reason wish to cancel your hardware purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.

* Note: ITNT recommends that you use Speed Services Couriers (South African Postal Services) for all returns as it offers shipment tracking through a 24 hours customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.

International customers should make use of a courier that offers:

1. Shipment tracking.
2. Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.

Disclosure of outlet country at time of payment

South Africa
Standard Bank

 

Cancelations Policy

The cancellation of a product is your responsibility. Cancellations may be actioned from your control panel (Client Zone/Admin Portal) if the option is available otherwise a notice in writing is required in the name of the account holder. Should you cancel after the 24th and are on the debit order payment method; your cancellation will be effective from the end of the following month. If your payment method is EFT you are able to email your cancellation request from the email address registered with us to support@itnt.co.za before 15:00 on the last day of the month. Emailing your cancellation request does not guarantee that your service will be cancelled. Please check to ensure we have received the email address before 15:00 on the last day of the month for your notice period to be applicable from the beginning of the next month (see Term and Termination above).

 

Payment Options and Pricing

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options like the PAY-D Debit card function, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online in your Client Zone section available for use whenever you're ready! Sorry for the inconvenience.

ITNT endeavours to offer you competitive prices on current products; you're total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).

ITNT reserves the right to change pricing at any time without prior notice.

Should ITNT reduce it's price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.

Credit Card

All transactions will be processed in South African Rands (ZAR).

For more information about how to order, special order requirements and other payment options, please contact our Support Team on Fax (086) 682 5204 or email accounts@itnt.co.za.

Security Policy

1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
3. The Merchant does not have access to credit details.
4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to ITNT and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by ITNT for any civil action or any legal action deemed necessary against me.

Contact Details Email: Support@itnt.co.za Fax number: 086 682 5204

_____________________________________

Standard Terms and Conditions of Contract

1. These Terms and Conditions, together with any Application Forms, Schedules and/or Annexures, constitute the entire agreement ("The Agreement") between you ("The Customer") and InTheNet Technologies cc ("ITNT"), Reg. Number: CK91/26364/23, Vat number: 4210126779.


2. The Agreement shall commence on the Commencement Date as stipulated in the Application/Proposal Form, and shall, unless otherwise provided for, remain in force unless and until terminated in accordance with the provisions of this Agreement.


3. It is recorded herein that the Internet Services provided by ITNT for access to the Internet shall be subject to the terms and conditions as set out in this Agreement and furthermore subject to Internet Solutions and MWEB Standard Terms and Conditions, Telkom's Standard Conditions for Public Switched Telecommunication Services and Neotel standard Master Services Agreement and the Service Schedule relevant to the service being ordered, as amended from time to time, which is incorporated herein. The Customer shall obtain a copy of such terms and conditions, which is available upon request.


4. ITNT shall provide the Software to enable the Customer to access and use the Internet through the ITNT's facilities subject to the terms of this Agreement. ITNT hereby grants to the Customer a non-exclusive license for the term to use Firewall Software in accordance with the further provisions of this Agreement. For the avoidance of doubt, all rights in and to such Software vest in ITNT. ITNT shall establish and direct technical procedures for the use of the Services from time to time, and the Customer agrees to follow ITNT's reasonable instructions and procedures therein. ITNT reserves the right to amend the technical procedures from time to time, which shall become effective without prior notice thereof to the Customer.


5. ITNT will do all things reasonably necessary to provide and maintain a best-effort continuous Internet access Service and use to the Customer, but cannot guarantee a continuous uninterrupted Service or any throughput of data, which exclusions include without limitation; network availability, line sync speeds limitations, operational maintenance and repairs, upgrades and circumstances beyond its control including force majeure. No Service level agreement is associated with the Service/s provided by ITNT.


6. Billing will commence on the date on which service provision commences. ITNT reserves the right at any time, without notice, to immediately suspend and/or terminate the provision of access to the Internet or other Services due to non-payment by the Customer or should it be required to comply with such a requirement in terms of any laws or regulations in effect and applicable to this Agreement. The Customer agrees to effect payment by way of Debit Order, unless otherwise agreed, and hereby consents to ITNT deducting fees, deposits and other amounts from the account/s specified. The Customer, shall be liable, and immediately pay upon demand, for unauthorized bandwidth usage over and above the agreed bandwidth usage in any particular month, notwithstanding the fact that the Customer may have access to and use of any additional bandwidth in such month.


7. Labor Rates and Processing Charges. Expedited Order Requests. Expediting is the process of attempting to secure a more rapid delivery than promised by ITNT on a sales/purchase order. Whether ITNT accommodates a request to expedite an order for a service creation,setup or renewal is strictly at the discretion of ITNT. Expedited orders are charged at time and a half (1.5 x labor charge) and the expedited order will include a handling charge for rebilling.
   Labor rates for overtime, season days, and holidays are calculated as follows:
   Overtime = Standard Rate x 1.5
   Season Days = Standard Rate x 1.5
   Holidays = Standard Rate x 2
   Situations that require expedited orders are charged at time and a half (1.5 x labor charge) and the expedited service order charge will be communicated to the customer and charged per order.


8. ITNT shall not be liable in terms of the Agreement in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or any third party which arises out of or is pursuant to any negligent act or omission of the ITNT or its consultants/employees due to boycotts, strikes and lock-outs of all kinds, go-slows, occupation of premises, and work stoppages, however not limited thereto. Nevertheless, the Customer shall not withhold payment in these circumstances. The Customer acknowledges that the Services are used at own risk.


9. ITNT will not be liable in delict, contract, warranty or otherwise for any consequential or direct damage suffered by the Customer or third party;-
   1. resulting from the Customer's or third party's access to and use of the Services, hacking, unauthorised interference with data, loss of business information or data, distributing technology to counter security, virus or other malicious service attacks, Spam, errors or any other online infringements.
   2. which arises out of or is pursuant to any failure to provide continuous access to the Services, or is pursuant to any negligent act or omission of ITNT or its consultants/employees or is pursuant to any gross negligent or wilful act or omission of ITNT or its consultants/employees.
   3. resulting from material, which may be accessible through use of and access to the Internet Services, and the Customer's access to, assimilation of, and distribution of all and any material accessed via the Internet, is at the Customer's sole risk.
   4. resulting from the Customer's or third party's use of the Internet for unlawful purposes, including but not limited to, fraudulent activities, child pornography or other obscene material.


10. In no event, whatsoever, shall ITNT or its consultants or employees be liable to the Customer for loss of profits or for incidental, special or consequential damages arising out of or in connection with, but not limited to: Internet Services, support services, Hardware, Firewalls, Software and Web hosting rendered by ITNT in terms of the Agreement or the delivery, installation, servicing, performance or use of Software.


11. The Customer indemnifies ITNT against any liability arising out of a breach of any of the Customer's warranties, and of the Customer's negligence in respect of the content and the Website or Website design.


12. The cancellation period if a month to month service option is selected, will be a calendar month notice period required in writing. The cancellation period if a 12, 24 or 36 month service option is selected, will be 90 days written notice on a company letterhead document before the end of the initial contract period - Cancellation before the end of the initial contract period will carry a penalty fee. All services based on a 12, 24 or 36 month contract, and have exceeded their initial contract period will be automatically thereafter renewed for a further 12-month period unless written notice is received 90 days prior to contract term. Proration billing does not apply to cancelations.


13. EARLY TERMINATION COSTS
    13.1 Unless stated to the contrary in the relevant COF (Customer Order Form), the termination fee for all Services other than Customer Specific Services shall be calculated on the outstanding Charges for each of the Terminating Services as at the Termination Date thereof and will be determined as follows:
    13.1.1 In the event that the Terminating Services are terminated prior to the Service Commencement Date thereof, the Customer shall be liable for an amount equal to the NRC (Non Recurring Cost), plus six (6) months of the MRC (Monthly Recurring Cost);
    13.1.2 In the event that the Contract Term for the Terminating Service is twenty-four (24) months or less, 100% of the MRC for the remainder of the Contract Term of the Terminating Service;
    13.1.3 In the event that the Contract Term for the Terminating Service is greater than twenty-four (24) months, 100% of the MRC for the Terminating Service for the remainder of the first twenty-four (24) months (if any), and 50% of the MRC for the Terminating Service for each month thereafter; and
    13.1.4 In the event that the Terminating Service is terminated subsequent to the COF Initial Period and the Contract Term has been renewed automatically in accordance with clause 5.2, 50% of the MRC for the Terminating Service for each month thereafter.
    13.2 The termination fee for all Customer Specific Services shall be set out in the relevant Service Schedule.
    13.3 The amounts referred to in clauses 13.1 and 13.2 shall be in addition to all Charges payable in the ordinary course in respect of the applicable COF for the Terminating Services, plus any other Services which continue unchanged, as at the Termination Date.
    


14. Wifi, 3G and LTE Devices can be financed over a period of 24 months. Should the Customer cancel the contract before the end of the initial 24 month period, the Customer will be held liable for any outstanding fees payable for the Wifi Device and Internet Data contract fees.


15. Until the purchase price has been paid in full to ITNT, save where the prior written consent of ITNT has been obtained, notwithstanding delivery of Hardware or Software to the Customer, ownership of the goods shall remain vested in ITNT until the entire purchase price and all other amounts due to ITNT in terms of this Agreement have been paid in full.


16. The Customer hereby indemnifies and agrees to keep indemnified ITNT in respect of all claims made by a third party that the Software or the Website or any part thereof contains any material or information which infringes any right of the third party and, further indemnifies ITNT against all costs and damages awarded against ITNT under any judgment in any jurisdiction as a result of such claim.


17. A customer who signs the Agreement on behalf of a Company, Close Corporation or Trust, hereby binds himself/herself as surety and co-principal debtor jointly and severally with the Company, Close Corporation or Trust ("the Debtor") for the due performance by the Debtor of all its obligations to ITNT arising from any cause whatsoever and whether presently due, owing and payable or becoming due, owing and payable in the future.


18. Unless expressly authorized, account sharing, for any Services offered by ITNT, is strictly prohibited and shall cause for immediate suspension and/or termination of Services without prior notice.


19. ITNT acknowledges that every individual has the right to privacy and undertakes to keep such information private and confidential, however ITNT may be forced to disclose information to a Court of Law.


20. Any individual who feels that another person has incriminated him/her, may report the activity to the nearest Police station.


21. ITNT reserves the right to monitor user and network traffic for site security purposes and reserves the right in sole discretion to remove information or data that is deemed to be offensive, indecent, or otherwise objectionable.


22. Please note that all VPN traffic is calculated at 1.5 times the normal rate.


23. The Customer shall pay all amounts due to ITNT in advance, unless otherwise agreed in writing, and upon receipt by the Customer of the relevant invoices. If payment is not received by the due date, ITNT shall be entitled to charge interest on the unpaid amount, which is payable by the Customer, at the overdraft rate charged by ITNT's Bankers plus 5% per annum, compounded monthly and calculated from the due date of payment.


24. Should ITNT incur costs in the collection of any Debt in terms of the Agreement, the Customer shall pay such costs on the attorney-and-client scale as well as collection costs calculated at 10 % (TEN PERCENT) of each and every payment made in reduction of the Principal Debt, interest and costs.


25. The Parties elect the following addresses as their respective domicilium citandi et executandi:-
    1. InTheNet Technologies 25 Mimosa Rd, Randpark Ridge, Gauteng.
    2. Customer: the address as stipulated on the Application Form.
    3. Either of the Parties may change its domicilium citandi et executandi to another address within the same country, by way of a notice to the other party to this Agreement, provided that such notice is received by the addressee, at least seven (7) calendar days prior to such change taking effect.


26. The parties irrevocably consent to the jurisdiction of the Magistrates Courts for matters arising from or in connection with the Agreement, provided that ITNT may institute proceedings claiming relief, whether interim, permanent, urgent or not, from any Court in South Africa with jurisdiction to hear and determine the matter.


27. This Agreement constitutes the whole agreement between the Parties and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.


28. Errors and omissions on any terms, conditions or representations not expressly contained in this Agreement are excepted for all quotations sent. ITNT reserves the right to change signed quotations if such error and omissions are found.


29. The Service/s rendered by ITNT shall be capable of change or variation by the Customer by way of Online Account Management, facsimile and/or email, however Service/s shall not be capable of change or variation by way of telephone. Any variation of or addition to this Agreement will be not be of any force or effect unless reduced to writing and signed by or on behalf of the Parties.


30. In the event that the Customer commits a breach of the terms and conditions of the Agreement and fails to remedy such breach within 7 (SEVEN) calendar days after receiving notice from ITNT, to do so, ITNT may without prejudice to any other remedies which they may have in terms of the Agreement or at law, be entitled to terminate the Agreement by written notice to the Customer.


31. Neither of the Parties shall be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of this Agreement, in whole or in part, to any other party or person without the prior written consent of the other.


32. No indulgence, waiver, leniency or extension of a right, which the Customer may have in terms of this Agreement, shall in any way prejudice ITNT, or preclude ITNT from exercising any of the rights that it has derived from this Agreement, and shall not be construed as a waiver of that right.


33. In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable. ITNT reserves the right to amend these standard conditions from time to time.

ITNT contact details are as follows:

Postal address: PO Box 2679, Honeydew, 2040
Physical address: Wild Fig Business Park, Honeydew, Johannesburg
Telephone: +27 (0)11 792 5990
Fax: +27 (0)86 682 5204
Email: info@itnt.co.za
Website: itnt.co.za


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