MWEB ADSL Promotion Application Form

7.6.1 a copy of the bill concerned or the particulars thereof, e.g accountnumber;7.6.2 the reason for the dispute;7.6.3 the amount in dispute; and7.6.4 supporting information or documentation, if any.7.7 MWEB will acknowledge receipt of your complaint within 3 (three)working days of receipt thereof.7.8 MWEB will formally respond with a view to proposing a resolution of yourcomplaint in writing within 14 (fourteen) working days of receipt thereof,or within such longer period as we reasonably require undercircumstances where the resolution of the complaint is for example (butwithout limitation) in the hands of a supplier or third party serviceprovider.7.9 You may approach ICASA or any other relevant authority, court ordispute resolution body or refer the matter to Arbitration as set out inclause 7.10 below, for resolution of the dispute, should you not besatisfied with the proposed resolution of the dispute by MWEB.7.10 Any dispute between the parties may be referred to arbitration andfinally resolved in accordance with the rules of the Arbitration Foundationof Southern Africa. Such arbitration shall be held either in Cape Town orJohannesburg, and conducted in the English language before onearbitrator appointed in accordance with the said rules. Any award will befinal and not subject to appeal. This agreement to arbitrate shall beenforceable in, and judgement upon any award may be entered in anycourt of any country having appropriate jurisdiction. A dispute shall bedeemed to have arisen when either party notifies the other party inwriting to that effect.7.11 The arbitrator shall have the power to give default judgement if anyparty fails to make submissions on due date and/or fails to appear at thearbitration.7.12 The provisions set out above shall not prevent either party fromapproaching any court of competent jurisdiction to obtain interim orother relief in cases of urgency.8 Payment8.1 Billing will commence on the Activation Date.8.2 You agree to pay all amounts due under this Agreement in considerationfor a service or product in accordance with the Application Form underwhich that service is rendered or that product is offered.8.3 To the fullest extent permitted by law, all amounts due andpayable in terms hereof shall be paid free of exchangeand without deduction or set-off, by way of a direct debit order infavor of MWEB (drawn against a current banking accountnominated by you), or in such other manner as MWEB may fromtime to time determine. You agree that:8.3.1 MWEB will be entitled and authorized to draw all amountspayable in terms of the Agreement from the account specified byyou (or any other bank or branch to which it may be transferred);8.3.2 the debit order will commence on the Activation Date and willcontinue and not be revoked until termination of this Agreementor until all amounts due and owing to MWEB have been fully andfinally discharged;8.3.3 you will sign all such forms and do all such things as may benecessary to give effect to the debit order as contemplated inthis clause 8.3.8.4 Your first bill may be for part of a month and you will be charged for thenumber of days left in the month in which you signed up or switchedover, plus the subscription for the next month.8.5 Should you fail to pay any amount on the due date for payment thenMWEB may, without prejudice to any of its other rights and remedies:8.5.1 take all such further steps as may be necessary to recover theoutstanding amount from you, including without limitation the use ofdebt collection mechanisms;8.5.2 suspend your access to the service or the use of any product withoutnotice to you until such time as the outstanding amount has been paid infull; or8.5.3 subject to clause 2, terminate this agreement with immediate effect.8.6 In the event of MWEB suspending your access to the service, MWEBreserves the right to continue to charge you the minimum required tokeep your account activated for the period of suspension, unlessterminated by you in terms of this Agreement.8.7 If any changes are proposed to any terms of an agreement betweenMWEB and a Network Operator which impacts on the provision of anyservices or products in terms of this Agreement, MWEB shall subject toclause 2 above, be entitled to amend the terms, fees or charges for itsservices or products at any time on 30 (thirty) days notice to you asprovided for in clause 21 below. The amendment will take effect on thedate indicated in the notice.8.8 MWEB will use reasonable endeavors to inform you well in advance, andin any event prior to disconnection, about the possibility of disconnectionin the case of non-payment.8.9 When roaming (including voice, data and hotspot roaming), you will beresponsible for all applicable MWEB charges in addition to the relevantservice provider’s charges and subject to their limitations or conditions ofsuch roaming services.8.10 To the extent that MWEB incurs any additional expenditure relating tothe tracing and/or collection of unpaid amounts, those costs shall be foryour account to the extent permitted by law.8.11 You will only be able to register for the Add-2-Account service if:8.11.1 your MWEB Account is paid/settled by means of credit card or debitorder;8.11.2 at least one successful payment has been made by way of debit order orcredit card in respect of your MWEB Account prior to your registration forthe Service; and8.11.3 you pass our credit vetting rules, as determined by MWEB from time totime.8.12 The products and services that you may elect to pay for by means of theAdd-2-Account service may be offered by third party providers and aresubject to their applicable terms and conditions. You are solelyresponsible for evaluating the product or service, as the casemay be, and the terms and conditions applicable to it beforeusing the Add-2-Account service to pay for it. We are not a party toor in any way responsible for any transaction between you and theprovider of any such products/services.8.13 You are responsible for all transactions and any other activities that mayoccur under your user name and password and that all payments madeby means of the Add-2-Account service under your user name andpassword will be deemed to have been made by you.8.14 MWEB will be entitled to impose spending limits on the total amount ofpayments that may be made by means of the Service per MWEB Accountduring a particular period and change such limits from time to time.Once the maximum spending limit has been reached, MWEB will beentitled to block any further payments from being made by means of theService on the particular MWEB Account until the next day/month(whichever is applicable). The starter-spending limit will be R150.00(one hundred and fifty Rand) per MWEB Account per month.9 Equipment and Software9.1 Except for Equipment that you have fully paid for, all Equipment installedor provided by us remains our property and you agree that:9.1.1 you will take reasonable care with such Equipment;9.1.2 you may not sell, lease, mortgage, transfer, assign or encumber suchEquipment;9.1.3 you may not re-locate such Equipment without our knowledge andpermission;9.1.4 you will inform any landlord that such Equipment is owned by MWEB andtherefore not subject to any landlord’s hypothec; and9.1.5 you will return such Equipment to us at your own expense upontermination of the services to which the Equipment related.9.2 If such Equipment is lost, stolen or damaged or sold, leased, mortgaged,transferred, assigned, encumbered or not returned, you agree to pay usthe reasonable value of such Equipment, together with any costsincurred by us in seeking possession of such Equipment.9.3 You authorise us and our representatives to enter or have access to yourpremises as reasonably necessary, at mutually agreed upon times, toinstall, maintain, inspect, repair or remove the Equipment or tomaintain, investigate, protect, modify or improve the operation of ourservices or our facilities.9.4 Equipment and related software may have to meet certain minimumrequirements and be maintained in certain ways and in certain locationsin order to access the services or for the proper operation of the services(e.g. 112 emergency services). Such requirements may be changed fromtime to time as we may reasonably require. Unless otherwise specifiedby us, you are solely responsible for updating or maintaining yourEquipment and software as necessary to meet such requirements, andyou may not be entitled to customer support from us if you fail to do so.9.5 You must immediately notify us, at any of the points of contact specifiedbelow, if your Equipment is lost, stolen or destroyed. Should you thenwish to terminate the services, your obligations under the Agreementwill continue to apply save as provided for in clause 2.9.6 Any software and accompanying documentation we provide to youremains our property or that of our licensors. You will take all reasonablesteps to protect such software or documentation from theft, loss ordamage. You will be obliged to review and agree to the applicable enduser license agreement before installing or using the software ordocumentation. Unless otherwise provided in the applicable end userlicense agreement, all end user license agreements will terminate upontermination of the Agreement.10 Return, Exchange and Refunds10.1 MWEB's policy in respect of exchanges, returns and refunds depends on,inter alia, the type goods and the policy of the manufacturer or supplierthereof. Where the CPA applies to you, MWEB's policy in this regard willcomply with the requirements of the CPA in relation to exchanges,returns and refunds.10.2 Warranties, if any, will ordinarily be included in the hardware packaging.10.3 Where the CPA applies to you and/or the product or service in question,MWEB will provide, the warranties, undertakings and assurances asrequired under the CPA but subject to any limitations and restrictions asallowed under the CPA.11 Security and Privacy11.1 MWEB will be entitled to take whatever action MWEB may deemnecessary and reasonable to preserve the security and reliability of itsnetwork.11.2 You may not utilize any service in any manner which may compromisethe security of MWEB's network, or any other network connected toMWEB’s network, or tamper with a service or such a network in anymanner whatsoever.Please sign your initials hereon every page