Privacy Policy
1. Thank you for taking the time to review our Privacy Policy. At times, Block Innovation. will collect certain personal information about customers and visitors to websites hosted by us. Such information will include both identifiable personal data, as well as non-identifiable personal information. Identifiable personal information will be collected when you sign a contract for service with us, or use our website for a transaction or subscription service. Non-identifiable information is gathered automatically when you visit our website or those websites hosted by us, and stored for use in our system.
2. The purpose of this privacy policy is to explain to customers what types of information we will collect and how that information is used. In most cases, we collect this information to ensure network integrity and that we continue to provide you with the most relevant content and best possible service that suits your needs. In some cases, we are required by law to collect personal information about customers. Except where the law requires otherwise, we undertake to protect the confidentiality of such data. Confidentiality
3. Block Innovation. respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes. Collection of Personal Data
4. Block Innovation. collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; or submit your details in an online form and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates. A cookie is a data file that sits on your computer hardisk. The cookie is placed there by a remote web server that you have visited using a browser like Netscape or Internet Explorer. It is used to uniquely identify you during web interactions with a website and contains data parameters that allow the remote HTML server to keep a record of who you are, and what actions you take at the remote web site. You have the option to disable the cookie function in your browser, but will be restricted from accessing many sites as a result. Use of Personal Data
5. Block Innovation. may on occasion use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback.
However, Block Innovation. will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at 0105347949. Block Innovation. collects and shares aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.
7. Block Innovation. may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.
8. Any information Block Innovation. collects from you through correspondence with us, whether via e- mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within Block Innovation. or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential. Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites) 9. Any information that customers disclose in a public space, including on any bulletin board, chat room or any site Block Innovation. may host for you, is available to anyone else who visits that space. Block Innovation. cannot safeguard any information you disclose there. Site Linkind
10. Block Innovation. websites contain many links to sites that belong to third parties unrelated to us. Block Innovation. cannot be held responsible for any use of your personal information arising from you disclosing personal such information on third party sites. Block Innovation. cannot protect any information you may disclose on these sites and recommends that you review the privacy policy statements of those sites you visit. Minors
11. Block Innovation. will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so. Block Innovation. undertakes not to contact minors about promotional offers or for marketing purposes without a parental consent. Reservation of Rights
12 Block Innovation. reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
13. Block Innovation. further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
14. Block Innovation reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.
15 Block Innovation. reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.
16. Block Innovation. reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and site visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.
FAIR USE POLICY
Block Innovation Fair Usage Policy & Additional Account Information
The Block Innovation data accounts offer a unique management option, allowing them to function on any link speed. This means that the Peak Information Rate (PIR) will be managed according to the product type, allowing for improved flexibility for the subscriber.
Maintaining a fair service for all is managed by the Block Innovation adaptive monthly policy. Each product set is exclusively managed, allowing for a fair service for all rather than allowing heavy users the ability to degrade the service for the majority.
The usage is monitored on a rolling 30 day period. All service options are unshaped. Should usage remain less than 80% of the average, the service will remain unaffected. Should individual usage exceed 80% of the average then the first level of moderation will be implemented, moving the service to a shaped service. Shaping or moderation is implemented via download throttling and user relative priority control will first be applied to all file sharing protocols. Should usage remain above the 80% average threshold, additional shaping will be managed via manipulation of throttling and priority control.
Take Down Notice
In terms of section 75 of the Electronic Communications and Transactions Act (“the Act”) Block Innovation has designated the Internet Service Providers Association (ISPA) as its agent to receive notifications of infringements as defined in Section 77 of the Act. All Take Down Notices should be directed to:
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za
Code of Conduct
Block Innovation hereby nominate ISPA as my agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act.
The relevant details for ISPA are:
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za
Block Innovation. aims to provide its clients with superior service, quality products and unflinching ethical conduct. To this end, we commit ourselves to the code of conduct below. Should you believe that we fail to live up to our code of conduct, please follow the complaint procedure set out below: • Send an e-mail to info@blockinn.co.za and/or • Call us on 0105347949 and ask for assistance with a complaint in terms of the code. • If you are not satisfied with the manner in which any complaint is handled then please escalate your complaint in the following manner: o Email support@blockinn.co.za • If this does still not resolve any complaint you may have, you may contact the Complaints and Compliance department of ICASA. ICASA is the regulatory body of our industry and we are accountable to ICASA for all of our failings. Please see details below for more information about any complaints procedure.
1. Our Commitments to you as our customer a) Our customers are our business. We undertake to deal with you fairly, reasonably, honestly and in a commercially appropriate manner. b) We will treat you with dignity and respect and we trust you will afford us the exact same rights and obligations in the manner in which you treat us. c) We understand that when dealing with technology, failures happen. We will deal with them in a reasonable and expeditious manner. d) We understand that many failures
often result from the failures of third party agents such as Telkom, Vodacom, Neotel, MTN and the like. We will always attempt to deal with them on your behalf to the best of our abilities. e) We undertake to comply with all laws governing our license obligations f) Discrimination is an anathema to our business, we will not unfairly discriminate against or between anyone on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation g) We will always quote you on any issue prior to you incurring any cost. However please remember that our time is valuable, if you make us do unnecessary work or require us to investigate and/or fix issues which re not of our making, you may incur a cost. h) We will upon request provide you with pricing for both products and services. i) We will always give you the best advice for your, rather than our needs. j) We will always keep your personal information confidential and will release such information about you only as required by South African law and/or as stipulated below. k) We will make sure that you always know how to take up any issue of support or complaint and how to escalate such complaint both within our own organization as well as to the regulator.
2. You have rights as a Consumer Your rights include, amongst others a) A right to be provided with the required service without any unfair discrimination, provided that it is commercially feasible. b) A right to choose the service provider of your choice, provided that it is commercially feasible. c) A right to receive information in your preferred language, provided that it is commercially feasible and reasonable under the circumstances. d) A right to access and question records and information held by us in accordance with South African law. e) A right to the protection of your personal data, including the right not to have your personal data sold to third parties without your permission. f) A right to port a number in terms of applicable regulations. g) A right to lodge a complaint as described in this document. h) A right to redress if your complaint is found to be valid.
3. Tariffs We understand that competitors are continuing to find out information about our pricing in order to attempt to undercut our business in the market. Once we have established that you are a legitimate customer, full pricing is provided to you together with tiered price breaks and a differentiation between infrastructure costs and product costs.
4. Service Contracts Our contracts are part of our proposal and accordingly provided to you prior to signature. We have attempted to write these contracts in a clear and unambiguous manner. Please feelfree to ask us any question or explain any part of the contract prior to signing. Our contracts always include a) The nature of the contract b) The Minimum duration of the contract – please remember that Telkom offer require a minimum 12 month commitment on infrastructure c) Any applicable payment for early termination – i.e. if a contract is terminated prior to any minimum duration d) The notice period for any termination e) The manner of notice of termination.
5. Confidentiality Your personal information is yours alone. Subject to the legal requirements of South African law, all of your information is treated with the highest level of confidentiality. Let us know what you consider your private information in order to ensure that we can protect it. Please note that we may use your information in certain circumstances such as briefing professional advisors, taking legal action against you, subject to a police subpoena or court order etc 6. Billing, credit and collections While we will endeavour to provide you a fantastic service, you need to pay your bill in full on time. That is part of your respect to us as a supplier. Your contract clearly states the payment terms and penalties for late payment. You will receive from us a bill at the appropriate time. We reserve the right to credit vet our customers and decline to do business with anyone who poses a credit risk within our discretion. We will always : a) Clearly communicate billing processes to you b) Set out procedures of how to pay us in our bill to you c) Our contract deals with the process of credit vetting. Remember, pre-payment is always an option as well as bank guarantees from an acceptable bank. d) As we are corporate rather than consumer facing, where necessary, we will provide a simple explanation to consumers of how the credit referencing system operates, in accordance with the provisions of the National Credit Act No. 34 of 2005 and any other applicable law and/or regulation Where you lodge a billing complaint, the complaint handling process will be guided by the following general principles: a) We will not disconnect the service of the consumer while investigating a legitimate dispute provided that you have paid the undisputed part of your bill and the disputed part of the bill appears to be logical and reasonable b) We will reach a determination regarding the billing complaint and communicate it to you within fourteen (14) working days c) We will communicate our finding to you and we require both you and ourselves to act in a reasonable manner thereafter. d) Provided the dispute is reasonable and logical and the undisputed portion has been paid, we will not charge penalties or interest on the outstanding portion of the account until the manner has been properly investigated by us and you informed of the outcome. e) We will ensure that you are informed well in advance about time for payment and the possibility of disconnection in the case of non-payment within a certain period before we disconnect you.
7. Complaints and dispute resolution General Dispute Resolution Please follow the procedure set out at the top of this document: In all disputes the parties shall attempt to resolve all disputes arising in a spirit of cooperation and with a problem-solving mind set, without formal proceedings and in accordance with the various dispute resolution procedures provided. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints except billing disputes: You are required to direct a general complaint to info@blockinn.co.za The complaint is required to be accompanied by the following a) Your full particulars and contact details including phone number and e-mail address b) Your relationship to us and any customer reference which may be applicable including either account number or ticket reference number c) A statement of the reasons for the complaint with enough detail to allow us to assess the validity of the complaint and resolve the issue if necessary d) Any relevant evidence or documentation you wish to submit in support of your complaint. Under the ICASA Code of Conduct Regulations, we are required to: a) Acknowledge receipt of your complaint within three working days b) Determine an outcome for the complaint and communicate this to you within fourteen (14) working days. Referral of Complaints to ICASA If you are not happy
about the outcome of the Complaint you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14 day period before you have the right to escalate your complaint to ICASA. ICASA can be contacted in the following ways: Telephone (011) 566 3000, Fax (011) 444 1919 or Email: consumer@icasa.org.za Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa.
8. General Promotional Marketing, Advertising and Sales Practices We adhere to a general obligation to ensure that advertising and promotional material is not misleading and complies with the Advertising Standards Authority’s (ASA) Code of Conduct and any other relevant codes. Defective products/services We undertake to resolve defective services or products in the following way: a) Through a first point of contact though our helpdesk b) An escalation to our technicians c) An escalation to an onsite visit d) Replacement product or service Languages The Code of conduct is printed in English, and will be made available in any official language if you genuinely require it. Implementation All our staff are trained in regards to the code of conduct, and copies are displayed on our website.
TERMS & CONDITIONS
GENERAL
HARDWARE
1. DEFINITION
IN THIS AGREEMENT UNLESS THE CONTEXT INDICATES A CONTRARY INTENTION, THE FOLLOWING WORDS AND EXPRESSIONS WILL HAVE THE FOLLOWING MEANINGS
“Customer” means the person or entity appearing as such on the application form to which this agreement is attached.
“Charges” means the subscription charges/charge rates/purchase price/rental representatives renewal fees/reconnection fees/cancellation fees/transfer fees and/ or any other fees which may be charged in respect of the equipment/service, set out in the price list as at the commencement date, or I n terms of any change to the price list effected by BLOCK INNOVATION in terms of clause 5 from time to time.
“Commencement date” means the date on which the customer received his first usage invoice.
“Confidential information” means: Any information of whatever nature, which has been or may be obtained by the customer from Block Innovation, whether in writing or in electronic form or pursuan t to discussions between the parties, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas, analyses, concepts, complications, studies and other material prepared by or in the possession or control of the customer which contain or otherwise reflect or are generated from any such information as is specified in t his definition;
“Copyright” means all rights of copyright now or in the future in or in relation to the equipment/services, including bu t not limited to drawings, sketches, flow charts and
“Equipment” means the telecommunications/Internet based/related hardware and software apparatus and equipment sold or leased to the customer, stipulated in section 2 on the application form;
“Intellectual property rights” means all present and future rights, including but not limited to copyright, title, trademarks, patents, internet protocol addresses, direct dialling numbers in or in relation to the equipment/services and other rights which inward may in the future be based on the equipment/services.
“Price list” means Block Innovation, standard price list and rate sheet, applicable to each of the equipment and services provided by BLOCK INNOVATION;
“Services” means the provision o f those services requested by the customer and appearing as such on the application form;
“Block Innovation” means that company providing the equipment / services required by the customer and appearing as such on the application form;
“Application form” means the application form to which this agreement is attached and signed by the customer.
“This agreement” means these terms and conditions together with all annexures and schedules attached.
2. EQUIPMENT AND SERVICES
Block Innovation, hereby agrees to provide, and the customer hereby accepts the provision of the equipment/services on the terms and conditions of this agreement.
3. DURATION
After the initial period this Agreement shall continue to the next anniversary and shall continue to do so indefinitely until terminated by either party giving the other written notice of termination provided tha t such notice shall not be effective if given less than 90 (ninety) days before the end of the initial period or of any anniversary date, as the case may be.
4. IF THE CUSTOMER TERMINATES THIS AGREEMENT, OR IF IT IS TERMINATED BY Block Innovation,;
4.1 Prior to the completion thereof due to a breach occasioned by the customer or prior to the expiry of the period, the customer will immediately be liable to Block Innovation, for all charges in respect of the remainder of the contract, in the case of variable charges, the amount owing will be calculated on the basis of the average charges billed to the customer over the ast three -month period of normal billing prior to the termination of the contract multiplied by the remaining period of the contract. All calls within the contract period will be routed through Block Innovation, network.If it is detected that the customers calls are not routed through Block Innovation, network due to the equipment being disconnected, or having any parallel equipment installed without BLOCK INNOVATION’s prior knowledge or permission, Block Innovation, has the right to see it as a cancellation.
4.2 Block Innovation, undertakes to use all reasonable endeavours to keep the service available and uninterrupted at all times. It is understood however that the infrastructure that offer “last mile” services for this solution is dependent on Telkom’s, Vodacom and similar services provider’s infrastructure, which is a ” best effort” service.The customer indemnifies Block Innovation, of any claim as a result of a disruption of these services.
5. PAYMENT OF CHARGES
As consideration for the equipment/services provided to the customer, the customer will pay to Block Innovation, the charges set out in the price list, on the following terms;
5.1 The customer accepts that Block Innovation, will provide monthly electronic invoices.
5.2 The customer will pay Block Innovation, by the 1st of every month.
5.3 VAT is payable on all charges at the ruling rate at the applicable time.
5.4 The payment by the customer will be made without deduction free of exchange or set-off by way of debit order, or in such other manner as set out on the application form.
5.5If the customer fails to pay amounts owing to BLOCK INNOVATION on due date, then without prejudice to any other rights which Block Innovation, may have:
5.5.1 The customer will be liable to pay interest at the rate of 2.5% per month on such outstanding amounts calculated from due date until date of payment;
Block Innovation, will be entitled to take all such steps, without notice to the customer, as may be necessary to recover such amount, and the customer will be liable to pay all costs incurred in recovering such outstanding amounts.
6. THE CHARGES
The charges set out in the price list are subject to increases in the cost price of the varied equipment/services, including currency fluctuations, and may otherwise be by Block Innovation,, in it’s sole discretion, upon 30 days prior notice to the customer
7. EQUIPMENT
The equipment will remain the property of Block Innovation, for the duration of this agreement, and must immediately be returned to Block Innovation, upon;
7.1 Termination, for any reason, of this agreement; or
7.2 The insolvency, sequestration or liquidation of the customer.
7.3 No foreign hardware or software will be allowed to be connected or installed on Block Innovation, hardware.
7.4 Only Block Innovation, approved technicians will be allowed to service and do maintenance on Block Innovation, hardware.
7.5 The Customer acknowledges that the equipment is movable, is intended to remain movable, and shall under no circumstances accede to any immovable property.
7.6 The Customer shall not remove the equipment to different premises without prior written notice to Block Innovation, of the details of such move and of the Landlord (if applicable) of the premises to which the equipment has been allocated.
8. DELIVERY AND RISK
Any delivery note (copy or original) signed by the customer (included but not limited to employees or agents of the customer) will be conclusive proof that delivery of the equipment was made to the customer.
8.1 The risk of damage to, destruction or theft of all equipment:
8.2 In the event that the equipment or any part thereof is lost, stolen damaged or damaged due to an act of God, the customer will immediately notify Block Innovation, thereof in writing and the customer will remain liable to Block Innovation, for all charges. Itis the customer’s responsibility to insure the Block Innovation, equipment.
9. CUSTOMER’S UNDERTAKINGS
The Customer Undertakes:
9.1 To maintain the equipment in good working condition and not to modify or permit the modification of the equipment;
9.2 To use the equipment in accordance with manufacturer’s instructions and for the purpose and in the manner for which they were intended;
9.3 Not to use or permit use of the equipment/service in a manner, which is defamatory, deceptive, unlawful orfraudulent;
9.4 Not to use or permit use of the equipment/service in a manner, which is intended to threaten, harass or intimidate any person;
9.5 To comply with all regulatory obligations that may now or in the future be by the body under whose authority the regulation of the service/ equipment falls, including but not limited to the carrying of voice over internet protocol in the form as defined by the regulatory authority from time to time;
9.6 Block Innovation, link installed and/or converted is intended for Block Innovation, voice and data only.Provision is made for bandwidth as per the application form
9.7 Any excess bandwidth used by the customer will be for ther customers account shall be payable to Block Innovation,.
10. AVAILABILITY OF SERVICES
Block Innovation, will use reasonable endeavours to keep the services available at all times. However, the customer acknowledges and agrees that Block Innovation, will not be liable to the customer or to any other person, and the customer hereby indemnifies and holds BLOCK INNOVATION free from, any claim, loss or damage, whether foreseeable or not, whether direct or consequential arising from:
10.1 Any fact or circumstances beyond the reasonable control of Block Innovation,
10.2 Any downtime, outage, interruption in or unavailability of the services and/or the equipment attributes to any cause, including but not limited to repairs and maintenance, any breakdown of whatever nature and howsoever arising to any equipment /service provided by Telkom as well as by any other external communication networks to which the equipment/services are connected.
Where possible, Block Innovation, will use reasonable endeavors to notify the customer of any maintenance or repairs which may result in the unavailability of the equipment / services, but does not guarantee notice.
11. INTELLECTUAL PROPERTY RIGHTS
The customer acknowledge that any and all of the intellectual property rights used by or allocated to the customer or embodied in or in connection with the equipment / services are and will remain the sole property of Block Innovation,. The customer acknowledges that the imposition of regulatory obligations by the body under whose authority the equipment /service may necessitate amendments to be effected to this agreement, and the customer consents to Block Innovation, effecting such amendments without prior notice.
12. SECURITY
Block Innovation, hereby reserves the right to take whatever action Block Innovation, finds necessary to preserve the security and reliability of the equipment/services.The customer is prohibited from in any way tampering with any equipment provided by Block Innovation, and from using the equipment/services to tamper with system resources or accounts on computers at Block Innovation, or at any other site.
13. INDEMNITY
The customer hereby indemnifies and holds Block Innovation,, it’s employees, and agents harmless against any and all losses, injury, damage, penalties and/or claims of whatsoever nature and howsoever arising from or in connection with the customer’s use of the equipment/service.
14. BREACH
If the customer is in default of any of the customer’s obligations in terms of this agreement, including but not limited to any payments due to BLOCK INNOVATION, BLOCK INNOVATION will be entitled, without prejudice to any of its rights that it may have in law to:
14.1 Immediately suspend the services and/or repossess the equipment provided to the customer by BLOCK INNOVATION;
14.2 Claim immediate payment of all amounts payable in terms of this agreement, whether or not such amounts are due; and/or
14.3 Immediately give written notice the signatory of the said breach and the signatory shall have to opportunity to reinstate the said contract within 20 days from written notice. Should the signatory not respond to the aforementioned notice. BLOCK INNOVATION will the full right to cancel the contract
14.4 All mounts already paid by the customer and recover all legal cost, including cost on attorney and own client scale (collection, commission, tracing fee and other fees of disbursements incurred by the service provider in collections of any amount owing by the signatory to BLOCK INNOVATION, including value added tax where applicable.
14.5 Share credit history with other service provider and credit bureaus
15. RECONNECTION OF EQUIPMENT AND/OR SERVICES
BLOCK INNOVATION reserves the right to charge a fee for the reconnection of any equipment/services disconnected/ removed by the customer , it’s employees or agents for any reason whatsoever.
16. TRIAL PERIODS
The customer will be liable for all traffic charges incurred by it during the course of any trial periods agreed upon between the parties. Refer to application form for trial period agreed upon.
17. SUPPORT SERVICES
BLOCK INNOVATION will provide support services in respect of the equipment/services to the customer during weekday office hours. A call out service is available, for which the customer will be liable for charges on the basis set out in he price list.
18. LIMITATION OF LIABILITY
BLOCK INNOVATION will not be liable:
18.1 Whether in contract or depict or otherwise for any loss or damage (direct, indirect, consequential or otherwise) caused to the customer or any other person arising from the provisions or implementation of this agreement; and
18.2 Any act or omission, whether negligent or otherwise, of any of it’s employees, dealers, agents or other representatives arising from this or the implementation of this agreement.
19. CONFIDENTIALITY
The customer undertakes to keep confidential and not to disclose to any other person all confidential information or documents relating to or in connection with this agreement or relating to BLOCK INNOVATION.
20. FORCE MAJEURE
BLOCK INNOVATION will not be liable for any breach of this agreement if such breach arises as a result of circumstances beyond BLOCK INNOVATION’s control, including but not limited to any act of God, government or any other administrative act or omission, sabotage, riot, explosion, controls, restrictions, prohibitions.
21. AMENDMENTS
Except for variations in the price list by BLOCK INNOVATION, no amendment, interpretation or waiver of any of the provisions of this agreement will be effective unless reduced to writing and signed by the customer and an authorized director or employee from BLOCK INNOVATION.
22. ENFORCEMENT
The failure to enforce or to require the performance at any time of any of the provisions of this agreement will not be construed to be a waiver of such provisions, and will not affect either the validity of this agreement or any part thereof or the right of any party to enforce the provisions of this agreement.
23. ENTIRE AGREEMENT
This agreement contains the entire agreement of the parties with respect to the subject matter of this b agreement and supersedes all prior agreements between the parties, whether written or oral.
24. GOVERNING LAW
This agreement and the relationship of the parties in connection with the subject matter of this agreement will be governed and determined in accordance with the laws of South Africa.
25. SEVERABILITY
In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of this agreement, and this agreement will be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and the agreement will be carried out as near as possible in accordance with its original terms and intent.
26. AUTHORITY
The signatory warrants that he / she has the authority necessary to enter into this agreement and to do all things necessary to procure the fulfilment of the customer’s obligations in terms of this agreement.
27. JURISDICTION
Signatory consent in terms of Section 45 of the Magistrate’s Court Act 32 of 1944, as amended to BLOCK INNOVATION taking any legal proceedings for enforcing any of it’s rights under this Services or Goods for recovery of monies secured under this services or goods deliver In the Magistrate’s Court for any district having jurisdiction in respect of the signatory by virtue of Section 28(1) of the aforesaid Act. BLOCK INNOVATION, is nevertheless, as its option, entitled to institute proceedings in any division of the High Court which has jurisdiction
28. SURETYSHIP
The signatory binds him/herself as surety for and co-principal debtor in solidium with the customer to BLOCK INNOVATION for the due and punctual performance by the customer of all its obligations to BLOCK INNOVATION whether presently due, owning and payalbe or becoming due, owning and payable in the future. This Suretyship is given as a continuing covering Suretyship. In the event of BLOCK INNOVATION having to institute action against the signatory, BLOCK INNOVATION may recover legal costs on a scale as between attorney and client.
29. OWNERSHIP OF EQUIPMENT
BLOCK INNOVATION offers a Rental, the equipment remains BLOCK INNOVATION’s and if the customer should cancel this agreement for whatsoever reason, BLOCK INNOVATION will promptly remove the equipment from the customer’s premises.
30. MAINTENANCE
The maintenance agreement with BLOCK INNOVATION covers labor and only cover the replacement of equipment if the equipment is damaged due to lightning etc. BLOCK INNOVATION will not replace the equipment if the equipment is damaged due to any malicious acts, acts of sabotage or theft, and in this case will be for the clients account.
31. SUPPLY AND INSTALLATION OF TERMINAL EQUIPMENT AND SERVICES
The order placed by the customer to BLOCK INNOVATION is subject to BLOCK INNOVATION’s approval in its sole discretion. If BLOCK INNOVATION does not approve the order, it shall not be under any obligation to the customer to give reasons for its decision.
BLOCK INNOVATION shall utilize its best endeavors to promptly comply with any supply/ delivery/installation requirements recorded in the order but shall not be liable to a third party who may undertake the installation of the terminal equipment in its own name and behalf and not as an agent of BLOCK INNOVATION. The customer shall be responsible for obtaining all necessary approvals and authorities imposed by any competent authority and required for the purpose of any such supply/ delivery/ installation, and the customer hereby indemnifies BLOCK INNOVATION against any claim or liability suffered by BLOCK INNOVATION by reason of such approval and authorities not having been obtained. The customer may not cancel or terminate the agreement and demand reimbursement for any damages of whatsoever nature as a result of the customer’s relocation to an area outside of BLOCK INNOVATION’s coverage
32. BLOCK INNOVATION VOICE AND DATA SERVICES
The customer agrees that:
31.1 A debit order is mandatory;
31.2 Voice and Data is a joint package and one cannot be taken without the other.
31.3 BLOCK INNOVATION may need to supply cards for the customer’s PABX from time to time, in this case, any cards supplied will remain the property of BLOCK INNOVATION. It will be the customers responsibility to inform BLOCK INNOVATION of any upgrades to their telephone system
33. FAIR USAGE POLICIES
Fair usage policies on all UNCAPPED services apply subject to that specific service
34. ACCEPTANCE AND ORDER
33.1 In the event that the Customer terminates the provisioning and supply of any products and services prior installation or activation of services BLOCK INNOVATION Comm and the Customer, the Customer will be liable for all wasted costs that BLOCK INNOVATION Comm and its duly authorised appointed agents/sub-contractors incur in providing products and services as part of the solution and shall make payment in respect thereof to BLOCK INNOVATION Comm upon demand.
33.2 The Customer is responsible for the cancellation of all services/ Equipment supply or rental supplied by third-party suppliers, and Indemnifies BLOCK INNOVATION against any liability, claims, loss or damages for any third-party supplier service/equipment supply or rental as a result of the cancellation not being processed and any charges to the Customer arising from such non cancellation
35. INDEBTEDNESS
34.1 The amount due and owing by the customer to BLOCK INNOVATION at any particular time may be determined and proved by a certificate issued and signed by BLOCK INNOVATION (or by one of BLOCK INNOVATION’s directors, whose appointment, qualifications and authority need to be proved).
34.2 Any printout of computer evidence concerning the customer’will indebtedness tendered by BLOCK INNOVATION will be admissible evidence and no party object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence.
36. ACCEPTANCE BY CLIENT
The signatory acceptance of the Facility and these terms and conditions shall be signified by; Signing of the application form Signing of the terms and conditions Authority and mandate for Payment Instructions Financing application Acceptance of Order
37. CHANGE OF MANAGEMENT IN LEGAL ENTITIES, PARTNERSHIP, TRUST ETC.
A company, close corporation, trust or partnership, no change in the directors, shareholders, members’ trustees or partners, as the case may be, of you or any surety, may take place without the prior written consent of BLOCK INNOVATION which consent will not be unreasonable withheld
38. RECORD OF TELEPHONIC CONVERSATION
For security reasons all telephonic conversations are recorded accordingly.
39. WAIVER
No relaxation or indulgence granted by BLOCK INNOVATION to signatory shall be deemed to be a novation of any of the terms and conditions of this Services/Facility
40. NOTICE
The signatory choose, for the purpose of legal proceedings and for the purposes of giving any notice in terms of the sevices, including any services letter the following address; the address, being a physical in the Republic of South Africa and including fax number and email address, set out in the application form or any services letter address by BLOCK INNOVATION to the signatory from time to time, which address the signatory select as his/her chos domicillium citandi er executandi on the application
41. DEFAULT
Any of the following acts will place the signatory in default of the said contract if signatory not rectify within 20 days of receiving written notice
1. Failing to pay any amount owing to BLOCK INNOVATION when due
2. Signatory sells the whole or a major portion of he/she business
3. Signatory commit an act of insolvency mentioned in the Insolvency Act 24 of 1936 as amended
4. Signatory furnish incorrect information that would have influenced BLOCK INNOVATION decision regarding the said agreement
