Terms and Conditions
- RECORDIAL
HIA hereby sells the service to the user on the terms and conditions herein contained which terms and conditions the User is deemed to have familiarized himself / herself with and to have irrevocably accepted.
- INTERPRETATION
In these terms and conditions
2.1 "the User" means the party who has purchased the service and/or any person using the service.
2.2 "the service" means the Internet service described herein provided by HIA.
2.3 "HIA" means Internet Republic cc.
- PROVISION OF SERVICE
3.1 The User shall solely be responsible for provisioning, configuration and maintenance of all equipment on their premises. Including (but not limited thereto) computer hardware equipment, telecommunication equipment, modems and the like, which is or may be necessary for the User to obtain and retain access to the required service/s
3.2 The User shall be liable for all telephone call charges and other third party costs incidental thereto. - AVAILABILITY OF SERVICE
4.1 HIA shall make every effort to make the service available at all times and shall use its utmost endeavors to strive for 100% uptime. HIA is, however, unable to guarantee 100% uptime.
4.2 HIA shall strive at all times to provide Users with prior notice, where possible, of scheduled maintenance so as to avoid Users having to log-off for any period of time.
4.3 HIA shall not be responsible for the performance of external communications networks to which the service is connected, and which networks of Internet Service Providers other than itself.
4.4 The User accordingly indemnifies HIA against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of HIA being unable to make its service available to the User under the circumstances described in this clause.
4.5 HIA will provide the service strictly subject to the terms and conditions prescribed by the competent regulatory authority. - USER ETIQUETTE
5.1 The User shall not use the service in a manner which:
5.1.1 constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere;
5.1.2 constitutes an act or omission that is generally unacceptable or offensive to Internet users in general,
to the public at large or as same may be determined form time to time by HIA in its sole discretion,
specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited
mailing;
5.1.3 is defamatory, fraudulent, or deceptive;
5.1.4 is intended to threaten, harass or intimidate;
5.1.5 tends to damage the name or reputation of HIA, its affiliates or subsidiaries; or
5.1.6 interferes with the use and enjoyment of the Internet or a related service of HIA.
5.2 The User undertakes to abide by all laws applicable to copyrights, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by HIA or any of the local or foreign service providers or laws governing the provisions of the service and Internet. - PAYMENT FOR SERVICE
6.1 The User understand that the withdrawals hereby authorized will be processed by computer through a system known as the BANKSERV Magnetic Tape Service and I also understand that details of each withdrawal will be printed on my bank statement.
6.2 The User will be assigned an account, which is rendered on a monthly basis. The subscription component of the service option selected will be billed in advance. Usage fees, if applicable, will be billed in arrears. HIA reserves the right to withhold access for overdue accounts, while the User shall continue to be liable for the service until the conditions of the notice of termination are fulfilled.
6.3 The monthly debit order shall include Value Added Tax at the applicable rate as set out and applied by the South African Revenue Services. VAT invoices shall only be issued on request.
6.4 All subscriptions paid are non refundable.
- TERMINATION OF SERVICE
Under normal circumstances, 30 (thirty) days written notice form either party for any reason whatsoever is required to terminate an existing service. - BREACH
8.1 Upon failure by the User to comply with any of the terms and conditions herein contained, HIA shall be entitled to do the following:
8.1.1 suspend and/or terminate the User's use of the service; and
8.1.2 bill the User for any cost incurred by HIA, including but not limited to bandwidth, administration labour,
downtime, usage of HIA name as registered domain names and CPU cycles.
8.2 Upon termination due to any breach committed by the User herein, HIA shall be entitled to claim damages.
- REGULATORY COMPLIANCE
The User undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The User furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be affected to these terms and conditions and hereby consents to HIA effecting such amendments without prior notice. - INDEMNITY
The User hereby indemnifies and holds HIA, its employers, agents, dealers and/or distributors harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the service.
- JURISDICTION
The User hereby irrevocably consents to the jurisdiction of the Magistrates' Court in terms of Section 28 of the Magistrates' Court Act of 1944, provided that HIA shall, should it so elect, be entitled to institute proceedings in the High Court of South Africa.
- CESSION AND DELEGATION
HIA shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its rights and obligations under these terms and conditions.
- GENERAL
13.1 The User acknowledges and agrees that these terms and conditions govern the User's use of the service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
13.2 The User shall not, without the express written permission of HIA resell or make available to any third party such services as they might receive from HIA
13.3 These terms and conditions may change from time to time. The subscriber may view the lastest terms and conditions at http://www.irepublic.co.za and unless otherwise notified, HIA shall deem that the User has acknowledged and agreed thereto within 14 (fourteen) days of such changes being effected
