EasyComs Communications (Pty) Ltd

Terms and Conditions

EASYCOMS establishes a communication link between the CLIENT Premises Equipment (CPE) and the EASYCOMS network which connects using various lines to the Internet. The service connection is available 24hours per day (except where we have to interrupt service for maintenance and regular software upgrades) The EasyComs Service is considered to be working and delivered if internet is available from the LAN cable on the CPE equipment. End User support including additional hardware OR technical support is provided by local ISP's. This includes finding help on how to run programs, operate email and general operation of any computer equipment and related hardware & software. Where EasyComs assists clients, it does so in good faith and makes no warranties or guarantees whatsoever. Such help in no way obliges EasyComs to continue providing such support or assistance and EasyComs is entitled to charge at its standard rates and at its own discretion for such assistance. Where incorrect operation causes faults that have to be corrected by specialists, these services are charged at the rates applicable to that service or specialist. The CLIENT agrees to access via the EASYCOMS network under the technical conditions pertaining to the subscription package chosen. Standard packages include: 384kbps HOME package for one user email and light internet; 1Mbps package for 2/3 PC's with email and light internet usage; Businesses and those who need continuous high speed access and also anyone running a server or network will have to take the BUSINESS VOLUME SERVICE priced per connection and per GB used. VPN's can be used to connect between branch offices and requires 1. that a 1Mbps connection exists; 2. that a VPN contract is completed and 3. that any network traffic will be charged at prevailing rates. Where additional end-user equipment or services such as training are required by a client, and including any internal network configurations and installation, these may be referred a third party company and is strictly between the client and the third party service provider. Such additional work is done entirely separately from the EasyComs installation and the contract for this additional work is between the client and the service provider concerned under their terms & conditions. No disputes will be entered into by EasyComs whatsoever. We recommend, but do not enforce, that signed orders be secured by installers. A verbal request for additional installation such as LAN equipment will be considered a binding order to be carried out by third parties. Should any dispute arise, the client agrees to honor the order at quoted charges and to adhere to that company's terms & Conditions. EasyComs may disconnect a client who is in default of payments to third parties under these terms & condition. Equipment is covered by the suppliers warranty and ib case of malfunction, we EasyComs may install a loan unit while the clients equipment is sent to the supplier for evaluation and repair and a report. If the equipment is not under warranty or cannot be repaired, we can install a replacement unit at cost. The client is responsible for their own equipment and must take whatever steps they deem necessary to protect themselves against loss, including taking insurance cover, installing security or spike protectors, etc. Any damage to client equipment or property during OR after installation is solely for the clients account. The client specifically agrees that any insurance or cover for clients equipment and/or property will be arranged by client themselves. EasyComs and its installers including ISP's will take due care but accept no responsibility for any equipment failure or damages. EASYCOMS gives no express or implied guarantees with regard to our services besides the ones laid out in this contract. The use of information and other services on the EASYCOMS network is at the client’s own risk. EASYCOMS assumes no responsibility, with regard to the quality or reliability of data accessed via EASYCOMS networks. The use of the EASYCOMS network by the CLIENT, for the transmission of material that violates any current law and/or any associated regulations are prohibited. All content and material used on the EASYCOMS network that may be considered as prejudicial to third parties is prohibited. The CLIENT will accept all consequences of their own activities over the EASYCOMS network. The CLIENT indemnifies EASYCOMS and its employees & contractors against all liabilities, claims, costs and expenses of whatsoever nature arising directly or indirectly from user activities. e-Mail attachments. Excessively large attachments should be avoided as these generate unnecessary traffic and may cause e-mail delivery failures. EasyComs network security automatically quarantines e-mails that have double-barrelled file extension attachments. EasyComs does not allow attachments with double-barrelled file extensions to enter or leave our network because such files are well-known to hide nasty viruses. Please educate your people NOT to use /send filenames with double-barrelled extensions. The proper file naming convention for attachments to e-mail should be either "document.doc" or "document.rtf" and never "document.doc.rtf. e-Mial with more than 15 recipients will be blocked as spam. Newsletters should be sent using newsletter services - details are available on request from EasyComs office. Any form of spam is strictly prohibited and clients found to be sending or relaying spam may be disconnected. Whilst EasyComs network includes anti-virus and anti-spam measures, clients are nevertheless responsible for taking steps to protect themselves from virus attacks and spam according to the clients own requirements. Where EasyComs picks up and reports a virus outbreak to a client, that client is agrees to, and is expected to, promptly and effectively eradicate the virus outbreak. EasyComs may elect, at its sole discretion, to disconnect the client if such virus attacks cause e-mail spam or other virus-related traffic, or where network security is deemed to be threatened. Reconnection will be subject to all virus-related activity being eradicated. Access to other networks and services via the EASYCOMS network must conform to the standard norms and regulations governing access to these services, e.g. UseNet, Newsgroups etc. A CLIENT may not provide EasyComs access to third parties without the express written permission of EASYCOMS. EASYCOMS reserves the right to introduce, at any time, internal regulations that may result in changes in the use of the EASYCOMS network. All these regulations will be publihed on the EASYCOMS web page www.easycoms.co.za EASYCOMS reserves the right to alter the technical parameters and/or rules of the packages at any time. Wherever possible, EASYCOMS will endeavour to notify you in advance of any changes that may affect end users. All equipment installed by EASYCOMS at a CLIENT premises remains the property of EASYCOMS, unless a contract is entered into transferring ownership of said equipment to the CLIENT. The CLIENT undertakes subject to clause 12 hereunder to maintain all the equipment that EASYCOMS installs at CLIENT premises taking all normal precautions to be taken when using electronic equipment. EASYCOMS will assume responsibility, at its own cost, for the maintenance of equipment installed. This does not include problems resulting from misuse or negligence on the part of the client, nor does this include theft of equipment. Equipment damage arising from equipment failure or malfunction will be replaced and sent for testing before EasyComs will advise whether the loss is covered by the manufacturers warranty. Such equipment may be repaired or replaced by EASYCOMS / the manufacturer at their sole discretion. The client is responsible for the unit and should arrange cover against loss due to theft, lightning and other acts of God. Reasonable access will need to be provided by the CLIENT to EASYCOMS personnel for repairs and replacement in this event. EASYCOMS is the only entity authorized to provide technical maintenance on the equipment installed at the CLIENT premises. Modification or re-configuration by any other entity, without the written consent of EASYCOMS, is strictly prohibited and will immediately void any warranty. EASYCOMS undertakes to inform the CLIENT in advance of any scheduled maintenance that may interrupt the service. Notification will be done by e-mail to the clients reghistered email address. EASYCOMS will do its best to advise all users of an unplanned or emergency interruption in service, where this is possible. Contact will be via Email, unless said interruption affects transmission of internal e-mail. EASYCOMS may (at its descretion) refund the CLIENT the installation portion of the initial setup cost, if service is cancelled within one months of the installation date. The equipment must be un-installed by a EasyComs technician. The CLIENT undertakes to make payment for subscriptions in advance of each month, and prior to the date of expiry of the previous subscription period. The service is provided on a continuous basis and no credits or offsets will be applied. The EASYCOMS casual subscription period will automatically renew on a month to month basis, until written notification is provided by the CLIENT with at least one calendar month's notice prior to termination of the service. Cancelation of the EASYCOMS 12 month contract requires three calendar month's notice of termination - in writing OR email by the CLIENT. EASYCOMS reserves the right to change the priority of access to the EASYCOMS network if payment is not made before the expiry of subscription periods. If no payment is received 7 days after subscription expiry, the services will be suspended. After 30 days the service will be terminated. All other contractual obligations in this document remain in place without prejudice to the rights of EasyComs, until terminated by EASYCOMS. EASYCOMS will undertake all reasonable measures to facilitate minimum downtime of the service provided to the CLIENT, and maintain a competent support staff and field-service partners to assist the CLIENT. It remains the clients responsibility to advise EasyComs in writing, by email to admin@easycoms.co.za OR by logged telephone call to 028 754 6222 OR 086 100 0054 if there are any service problems requiring attention. All service calls are logged by EasyComs together with corrective action by EasyComs staff. EASYCOMS shall be entitled, without prejudice to any of its legal rights, to suspend CLIENT’S access to the services and/or cancel this agreement in the event that CLIENT is in breach of any provision in this agreement, and has failed to rectify such breach within 10 days written notice to do so - written notice to be by email to the clients registered email address. Should EASYCOMS institute action against CLIENT as a result of a breach of this agreement then EASYCOMS will be entitled to recover legal costs on an attorney and own client basis. Notwithstanding the aforesaid terms, EASYCOMS will not be liable to client or any other person/entity as regards any loss or damage caused by or arising from the interruption and/or unavailability of the service howsoever arising. No credits are claimable for service interruptions nor is a refund payable where clients choose to cancel service for whatever reason. Notwithstanding the aforesaid terms, The CLIENT and/or any other person/entity will not have any claim against EASYCOMS howsoever arising for direct damages, indirect damages, loss of profits, and incidental, special or consequential damages. This document constitutes the sole record of the conditions of service No party shall be bound by any representation, warranty, promise or the like not recorded herein. No addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. No extension of time or indulgence, which either party may grant to the other, shall constitute a waiver of any of the rights of the grantor. The CLIENT chooses domicilium citandi et executandi for the purpose of giving any notice, paying any sum, serving any process or for any other purpose arising from this agreement at the address provided to EASYCOMS when subscribing to this service and agrees that any notice sent in terms of this agreement may be sent via email to the clients registered email address. The CLIENT accepts the jurisdiction of the Magistrate’s Court in respect of any action or legal proceedings that may arise directly or indirectly out of this agreement provided that EASYCOMS may be entitled at its sole discretion to institute proceedings in the High Court and in such event the CLIENT consents to the jurisdiction of such court.