1 JF swart t/a JFS REKENAARS (JFS Wireless Internet Service Provider) Ondersteun deur Alazon Connexion (Pty) Ltd ICASA : 0103/I-ECNS/JAN/09 0103/I-ECS/JAN/09 Kerkstraat 42A Posbus 633 Delareyville 2770 Tel : 053-9480806 Faks : 086-6750806 Epos : liane@jfsrek.co.za RICA REGISTRASIE : HIERDIE VORM MOET ASB VERGESEL WORD MET DIE VOLGENDE DOKUMENTE: 1. Afskrif van ID document. 3. Maatskappy / Bk registrasie bewys. (Slegs besighede) 2. Bewys van fisiese adres. (Nie ouer as 3 maande nie!) 4. Besigheids briefhoof. (Slegs besighede) REGISTRATION CARD FOR WIRELESS NETWORK 1. NAME & SURNAME 2. REF/CONTRACT NO: (FOR OFFICE USE) 3. VAT NUMBER: 4. IDENTITY NUMBER: 5. IF END-USER IS A COMPANY REGISTERED NAME OR TRADING NAME OF A BUSINESS WITH CC/PTY REGISTRATION COMPANY NAME AND NUMBERS OF MEMBERS OR DIRECTORS: 6. PHYSICAL ADDRESS OF END-USER (HEREIN AFTER REFERRED TO AS THE DESIGNATED SITE ): 7. POSTAL ADDRESS: 8. CONTACT PERSONS NAMES AND TELEPHONE/CELL NUMBERS: 9. EMAIL ADDRESS: 10. PRODUCT DETAILS (Place a tick in next to the appropriate product desired. All amounts reflected are inclusive of 14% Value Added Tax) Req. Description of service Cost of service Up to 256KB 1 GB Capped (Unshaped) R320.00 per month Up to 256KB 5 GB Capped (Unshaped) Up to 512KB 1 GB Capped (Unshaped) Up to 512KB 5 GB Capped (Unshaped) Additional (Cap reached before the end of month) R470.00 per month R460.00 per month R600.00 per month R50 / 500mb
2 BY MY SIGNATURE ON THIS APPLICATION AND REGISTRATION CARD, I ACKNOWLEDGE THAT I AM DULY AUTHORIZED HERETO AND I AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THE WIRELESS NETWORK PROVIDER. BY MY SIGNATURE HERETO I FURTHER ACKNOWLEDGE THAT THE PARTICULARS ABOVE ARE TRUE AND CORRECT AND THAT I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT. 1. The parties to this agreement are: (a) JF Swart t/a JFS Rekenaars hereafter referred to as the Wireless Network Provider (b) The applicant requesting services from the Wireless Network Provider hereafter referred to as the End-user (c) The Wireless Network Provider has established a wireless network; (d) The End-user wishes to obtain access to this wireless network; NOW THEREFORE the Licensor and the Licensee hereby agree to the following: 2. GRANT AND NATURE OF WIRELESS NETWORK CONNECTIVITY 2.1 The Wireless Network Provider herewith grants access to the wireless network on the terms and conditions set out in this agreement. 2.2 This agreement entitles the end-user to use the product at the designated site until the agreement is terminated. 2.3 The End-user shall not have the right to further on sell the wireless network services supplied by the Wireless Network Provider or transfer the Enduser agreement in any way, either in whole or in part, to any third party. 2.4 The End-user shall not modify any of the setup, configuration, and hardware as provided by the Wireless Network Provider. 2.5 The End-user shall allow the Wireless Network Provider all reasonable access to its premises to audit the End-users compliance with this Agreement. 3. COMMENCEMENT AND DURATION 3.1 This Agreement shall commence on the date of installation. 3.2 The Agreement will continue in force for a period, dependant on product selected above, of (three) 3 calendar months, calculated from the Commencement Date, unless terminated earlier in accordance with the provisions of the Agreement. 4. PAYMENT 4.1 In consideration of access to the wireless network being granted, the end-user shall pay the Wireless Network Provider the Monthly Access Fee in those amounts on the of each month. 4.2 The Monthly Access Fee shall exclude any taxes and/or levies due as a result of a requirement by any governmental organization (which shall include but not be limited to any value added tax withholding tax and general sales tax) and all these taxes and/or levies, shall be paid by the End-user. 4.3 The end-user shall pay to the Wireless Network Provider, in consideration for the use of the wireless network, a Monthly Access Fee (data included) of R (in words: ), Inclusive of 14% value added tax, per month per designated site, payable free of any deduction, exchange or commission, and in the event of any payment and/or debit order being dishonored, an additional administration fee of R150-00 (ONE HUNDRED AND FIFTY RAND) per dishonor. 4.4 Such consideration shall be subject to an increase on the anniversary date of this Agreement such increase calculated according to the annual current publication of figures in terms of the provisions Consumer Price Index. 5. LIMITATION OF LIABILITY 5.1 The liability of the Wireless Network Provider for faulty execution of the wireless network, as well as all damages suffered by the end-user, whether direct or indirect, as a result of malfunctioning of such wireless network, will be limited to the Wireless Network Provider rectifying the malfunction, within a reasonable time and free of charge, provided that the Wireless Network Provider is notified immediately of the damage or faulty execution of the wireless network. 5.2 The Wireless Network Provider is not responsible for the cost of damages to wireless equipment installed at the end-users site, and it is therefore the responsibility of the end-user to take all reasonable measures to protect such wireless equipment on their site from damage due to electrical storms, vandalism, or all other reasonable forms of damage possible. 5.3 The cost to repair equipment installed at the end-users site, shall be for the account of the end-user. 5.4 Any other liability on the part of the Wireless Network Provider arising from any cause whatsoever is specifically excluded. Without limiting the generality of the a foregoing, the Wireless Network Provider shall not be liable for any delay, failure, breakdown, or injury caused by: 5.4.1 Software, programs and support services supplied by or obtained by the end-user without the consent or knowledge of the Wireless Network Provider; or 5.4.2 Equipment or programs modified by the end-user or any third party not authorized to do so in terms of this Agreement; 5.5 In no event shall the Wireless Network Provider be liable to the End-user for loss of profits or for incidental, special or consequential damages arising out of or in connection with the wireless network or the delivery, installation, servicing, performance or use in combination with other computer software; 5.6 The Wireless Network Provider makes no warranty or representation, whether express or implied, with respect to the wireless network, including the quality and/or performance thereof or fitness for a particular purpose. 6. SUBCONTRACTORS The Licensor may, at its discretion, hire a subcontractor to set up, install and support the wireless network equipment at the designated site as may be required from time to time. The End-user shall allow any subcontractor reasonable access to the designated site in order to carry out any work, after the subcontractor has exhibited the required identification. 7. TERMINATION AND BREACH 7.1 This Agreement shall automatically and summarily terminate in the event of the Wireless Network Provider not being able to provide the said service to the End-user, due to any government act or policy, in which event either party shall have no recourse against the other in terms of this Agreement; 7.2 Without prejudice to any other remedies that the Wireless Network Provider may have in terms of this Agreements or at law, the Wireless Network Provider shall be entitled to terminate this agreement, by written notice to the Wireless Network Provider, in the event that the End-user is liquidated or sequestrated, or default judgment or court action is entered into against the End-user; 7.3 Should the End-user default on its performance of this Agreement, the Wireless Network Provider shall provide the End-user (seven) 7 days written notice to remedy such breach, specifying the nature of the breach, and should the End-user fail to do so within the said (seven) 7 day period, the Wireless Network Provide shall without prejudice and addition to any other remedies it may have at law; 7.3.1 Summarily revoke the use of the Wireless Network Access granted to the End-user by the Wireless Network Provider and/or; 7.3.2 Cancel this agreement and claim damages from the End-user or claim specific performance of any or all of the terms and conditions of this agreement.
3 8. FORCE MAJEURE 8.1 Neither of the parties shall be liable for the failure to perform any of its obligations insofar as it proves: 8.1.1 that the failure was due to an impediment beyond its control 8.1.2 that it could not reasonably be expected to have taken the impediment and its effects upon the party s ability to perform into account at the time of the conclusion of this Agreement; and 8.1.3 that it could not reasonably have been avoided, or overcome the impediment, or at least its effects; 8.1.4 an impediment, as aforesaid, may result from events such as the following, this enumeration not being exhaustive: 8.1.4.1 war, whether declared or not, civil war, civil violence, riots and revolutions, acts of sabotage; 8.1.4.2 explosions, fires, destruction of machines, factories and any kind of installation; 8.1.4.3 boycotts, strikes and lock-outs of all kinds, go slows, occupation of factories and premises and work stoppages; 8.1.4.4 acts of authority, whether lawful or unlawful, apart from acts which the party seeking relief has assumed the risk by virtue of any other provisions of this agreement; 9. ASSIGNMENT AND DELEGATION The End-user shall not be entitled to assign, cede, delegate or transfer any rights and/or obligations in terms of this Agreement, in whole or in part, to any other party or person, without the prior written consent of the Wireless Network Provider, which consent shall not be unreasonable withheld. 10. WAIVER No waiver on the part of either party to this Agreement of any rights arising from breach of any provision of this Agreement will constitute a waiver of rights in respect of any subsequent breach of the same or any other provision. THUS DONE AND SIGNED ON THIS THE DAY OF OF YEAR AS WITNESSES: 1. ( JFS Rekenaars) 2. (client) (DULY AUTHORIZED END-USER )
4 BANK DEBIET ORDER INSTRUCTION Dear Sirs/Madams The detais of my/our account are as follows : BANK : BRANCH TOWN : BRANCH NO : ACCOUNT NAME : ACCOUNT NO : ACCOUNT TYPE : (Savings, current, transmission) DEBIT AMOUNT : COMMENCEMENT DATE : This signed Authority and Mandate refers to our contract as dated as on signature hereof ("the Agreement"). I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our Abovementioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing of no less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address indicated above. The individual payment instructions so authorised to be issued must be issued and delivered as follows: On the (1 st, 5 th,7 th, 15 th ) day ( payment day ) of each and every month commencing on. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account; I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you. MANDATE I / We acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned bank as if the instructions had been issued by me/us personally. CANCELLATION I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
5 ASSIGNMENT I / We acknowledge that this Authority and Mandate has been ceded to Netcash (Pty) Ltd as per your agreement with Netcash (Pty) Ltd, but in the absence of such assignment of the Agreement, this Authority and Mandate will be null and void. Signed at on this day of 20. SIGNATURE AS USED FOR SIGNING CHEQUES Assisted by : FOR OFFICE USE AGREEMENT REFERENCE NUMBER This agreement reference number is :
6 KWOTASIE INSTALLERING: 1. Toerusting - Grid Antenna R 2. Toerusting - Medium Antenna R 3. Addisioneel (Pyp, Netwerk kabel, ens) R 4. Addisioneel 2 R 5. Reiskoste R 6. Installeer R 7. Wireless Accesspoint (Laptop wireless) R ------------------------------------------------------------------------------------------------ TOTAAL : R ------------------------------------------------------------------------------------------------