SUBSCRIBER AGREEMENT

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SUBSCRIBER AGREEMENT Powered By Docstoc
					  ADDRESS                       CONTACT                            OTHER CONTACT                COMPANY DETAILS
  Ruth First, No. 2                Secunda: 017 638 0320           E: info@wilink.co.za         Wilink Telecoms (Pty) Ltd
  Trichardt, Secunda               JHB:     011 542 2001           W: www.wilink.co.za          Reg No.: 2007/035277/07
  Mpumalanga                       Cell:    084 029 4089           Fax: 086 733 44 55           VAT No.: 4390249052




SUBSCRIBER AGREEMENT




Contract between: Wilink Telecoms (Pty) LTD and                                                                  the "Subscriber"


Company                Wilink Telecoms                            Subscriber
Company Reg No.        2007/035277/07                             Subscriber Reg No.
Company VAT No.        4390249052                        and Subscriber VAT No.
Physical Address       Ruth First, No. 2, Secunda                 Physical Address
Telephone No.          017 638 0320                               Telephone No.

Initial Period (subject to terms and conditions)

Period from:        /       / 20         To:        /      / 20         Commencement Date:                /        / 20

   Product Code            Product description                        Set Up Fee          Qty                 Monthly Fee




                                               Total excl. VAT
                                                           VAT
                                               Total incl. VAT

CONTRACT ACCEPTANCE




____________________________                            ________________________                   ________________________
Subscriber Signature                                    Name                                       Date




____________________________                            ________________________                   ________________________
For and Behalf of Wilink Telecoms                       Name                                       Date
                                                                                                                 provision for Public Switch Telecommunication services (“PSTS”), as amended from time to time and as filed
TERMS AND CONDITIONS                                                                                             with the Regulatory Authority in terms of Telkom’s PSTS license.
1. INTERPRETATION AND PRELIMINARY The headings of the clauses in this Agreement are for the purpose              4.2.Should the subscriber use the services for the provision of a Private Telecommunications Network (PTN)
of convenience and reference only and shall not be used in the interpretation. Unless a contrary intention       or Value Added Network Service (VANS) (as defined in the Act), the subscriber understands and accepts that
clearly appears:                                                                                                 it may not use it for the provision of a telecommunication service other than in accordance with the terms
1.1.words importing:                                                                                             and conditions of any license issued to it by the Regulatory Authority under the Act.
1.1.1.any one gender include the other two genders;
1.1.2.the singular includes the plural and vice versa; and                                                       5. WARRANTIES AND EXCLUSION OF LIABILITY
1.1.3.natural persons include created entities (corporate or unincorporate) and the state and vice versa;        5.1.WILINK shall be exempted from and not be liable to the subscriber and/or any third party under any
1.2.the following terms shall have the meanings assigned to them hereunder and cognate expressions               circumstances whatsoever for any direct or indirect or consequential damages of any kind or any loss of
shall have corresponding meanings, namely –                                                                      profit or special damages of any kind, whether in the contemplation of the parties or not, which the
1.2.1.‘agreement’ means these terms and conditions as read with the schedule and any annexure thereto;           subscriber and/or any third party may suffer as a result of:
1.2.2.'broken period' means the period reckoned from the commencement date until the end of the                  5.1.1.the utilisation of the services and/or the commissioning, installation or use of the equipment;
month in which the commencement date falls;                                                                      5.1.2.late commissioning of the equipment whether or not such late commissioning is occasioned by any
1.2.3.‘charges’ means, collectively, the set up fees, monthly charges and rental pertaining to the provision     fault and/or negligence on the part of WILINK;
of the services and the equipment, as specified on the schedule and as amended from time to time                 5.1.3. the fact that the equipment is not functioning properly or at all at any particular stage.
pursuant to 3.2;                                                                                                 5.1.4. a delay in providing or repairing the services or the total or partial interruption of the services, except
1.2.4.'commencement date' means the date of commencement of this agreement as specified on the                   as is set out in Telkom’s Standard Terms and Conditions for PSTS;
schedule, being the date of receipt by WiLink of this agreement; 1.2.5.‘downgrade’ means the downward            5.1.5. any act or omission of WILINK, its servants, agents and sub-contractors and/or any breach of WILINK’s
change (decrease) in the bandwidth (speed) of the same service;                                                  obligations in terms of this agreement;
1.2.6.'WiLink' means WiLink Telecoms (Pty) Ltd, registration number 2007/035277/07, or any successor-in-         5.1.6. the failure of the services or facility (including without limitation the services offered by Telkom) or
title, cessionary or assignee of WILINK;                                                                         the failure of the Internet Censorship Software provided and operated by WILINK. Notwithstanding any
1.2.7.'equipment ' means the equipment reflected in this agreement, which shall include any accessories          other provisions of this agreement, WILINK’s liability to the subscriber and/or any third party for any
or modifications that may be added or made to the equipment from time to time;                                   damages or loss of whatsoever nature, including without limitation any damages or loss caused by the
1.2.8.‘initial term’ means the number of months specified on the schedule reckoned from the end of the           negligence of WILINK or that of its servants, agents and sub-contractors, shall in any event and under all
month in which the commencement date falls;                                                                      circumstances be limited to an amount equal to the charges/fee payable by the subscriber during the initial
1.2.9.‘migrate’ means the change from one product or service to another similar product or service where         term.
the charges payable are not less than 60% of the value of the charges payable in terms of this agreement;        5.2. Because of the need to conduct maintenance, repair and/or improvement work from time to time on
1.2.10.‘outdoor transfer’ means to move the service from one building to another on the same premises            the technical infrastructure by means of which the services are provided, the provision of the services may
and/or from one premises to another within the same exchange or grouped exchange system;                         be suspended from time to time without notice by WILINK, and WILINK, its servants, agents and sub-
1.2.11.'prime rate' means the publicly quoted basic rate of interest per annum (as certified by any              contractors are exempted from all liability for any loss or damage (whether direct or consequential) and/or
manager or accountant of WILINK’s bankers) at which the bankers will lend without security to most               for any costs, claims or demands of any nature to the subscriber and/or any third party arising from such
favoured corporate customers in the private sector on overdraft, expressed in nominal annual                     suspension.
compounded monthly terms;                                                                                        5.3.WILINK does not undertake to reinstate the services within a specific period, and will be exempted from
1.2.12.'pro rata charges' means the charges payable in respect of the broken period; 1.2.13.‘schedule’           any liability whatsoever, if the nature of the failure is caused by WILINK’s upstream service providers’ failure
means the schedule on the face of these terms and conditions; 1.2.14.‘services’ means the services               to deliver their service and if the failure is due to a reason out of the direct control of WILINK.
supplied by WILINK to the subscriber as agreed upon between the parties as reflected on the schedule;            5.4.WILINK does not make any representations nor, unless expressly given in writing, give any warranty or
1.2.15.‘subscriber’ means the entity contracting to receive the services from WILINK in terms of this            guarantee of any nature whatsoever in respect of the services or the equipment or their suitability for any
agreement;                                                                                                       intended purpose, whether that purpose is notified to WILINK or not. Without derogating from the
1.2.16. ‘upgrade’ means the upward change (increase) in the bandwidth (speed) of the same service;               generality of the foregoing, WILINK does not warrant or guarantee that the information transmitted by the
1.2.17.'VAT' means the tax leviable in terms of the Value Added Tax Act, 1991 as amended.                        use of the services will be preserved or sustained in its entirety, will be suitable for any intended purpose,
2. APPOINTMENT AND TERM                                                                                          will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a
2.1.The subscriber hereby appoints WILINK, which hereby agrees, to provide the services and the                  particular country.
equipment to the subscriber on the terms and conditions of this agreement. 2.2.Subject to the provisions         5.5.The subscriber hereby indemnifies WILINK and holds WILINK harmless against any claim by any third
of this agreement, this agreement shall take effect from the commencement date and continue for the              party arising directly or indirectly out of the subscriber’s access to or use of the equipment, the services or
initial term and thereafter continue for successive periods of 1 year after the initial term at the then         information obtained through the use of the services, including without limitation any claim due to the use
prevailing charges of WILINK, unless either party serves written notice of termination on the other not less     of the services for unlawful purposes, whether or not such claims are caused by any act or omission of the
than 3 months prior to the end of the initial term or the relevant successive 1 year period. 2.3.Should the      subscriber or anyone else. 5.6.The parties record that WILINK has purchased the equipment from a supplier
subscriber migrate from a service committed in terms of this agreement (“initial service”) to another            for the purpose of renting the equipment to the subscriber. The subscriber therefore specifically records
service (“new service”), the remainder of the period of this agreement applicable to the initial service will    hereby that it will not hold WILINK liable for any defects, breakdown or insufficiency in the equipment or as
be applicable to the new service, if the minimum period applicable to the new service is shorter than the        a result of a failure of the equipment or the subscriber's inability to use the equipment, the subscriber
remainder of the period applicable to the initial service. If not, the minimum period applicable to the new      hereby recording that it recognises that any rights arising from the such defects, failures and the other
service will apply with effect from the date that the new service is available for use by the subscriber.        matters referred to herein will exist vis-à-vis the original supplier of the equipment.
2.4.Should the subscriber outdoor transfer, upgrade or downgrade the services, the remainder of the
period of this agreement applicable to the initial service shall continue to apply.                              6. INSTALLATION AND COMMISSIONING OF EQUIPMENT AND SERVICES
                                                                                                                 The subscriber shall take delivery of the equipment at the subscriber's premises when such delivery is
3. CHARGES AND PAYMENT                                                                                           tendered by WiLink and the subscriber shall, at its own cost and expense, ensure that the communication
3.1.In consideration of the provision of the services (including for the avoidance of doubt, where               services and facilities, including without limitation, telephone facilities and lines, installation area/s,
applicable, the equipment) by WILINK to the subscriber, the subscriber shall effect payment to WILINK of         electrical outlet/s, connection requirements and access way/s be suitable for the installation, passage and
                                                                                                                 electrical connection of the equipment and services when they are delivered for installation and thereafter.
the charges detailed in the schedule save that the charges payable by the subscriber to WILINK for the
                                                                                                                 If special lifting tackle or rigging operations are necessary for the installation of the equipment, all charges
duration of the broken period shall be an amount calculated in accordance with the following formula: A=         connected therewith shall be paid for by the subscriber. WILINK accepts no responsibility in respect of or
B x C/D where A = pro-rata charges payable B = monthly charge C = the number of days in the broken               liability arising out of such installation.
period D = 30 (thirty).
3.2.WILINK shall be entitled, on 60 days’ written notice to the subscriber, to increase the charges payable      7. OWNERSHIP OF EQUIPMENT
by the subscriber. Furthermore, all charges shall be subject to such adjustments as may be applicable            It is expressly agreed that the equipment shall at all time be and remain the sole and absolute property of
thereto as are effected by Telkom from time to time. 3.3.The subscriber shall effect payment to WILINK:          WILINK. At no stage during the period of the agreement or thereafter will the subscriber or any person on its
                                                                                                                 behalf acquire ownership of the equipment in terms of this agreement. On the termination of this
3.3.1.for the supply and delivery of the equipment and installation thereof and such other applicable set
                                                                                                                 agreement, for any reason whatsoever, the equipment shall be returned to WILINK as provided for in 8.5
up fees, 50% against order and 50% on presentation of invoice and against such delivery;                         hereof and the subscriber or any person on its behalf shall not after termination of this agreement be
3.3.2.for the monthly charges and all other rental and other charges, if applicable, monthly in advance in       entitled to retain the possession, use or enjoyment of the equipment.
full within 7 days from the date of the relevant invoice.
3.4.Unless the subscriber notifies WILINK in writing within 3 days of receipt of an invoice to the contrary,     8. RISK AND MAINTENANCE OF EQUIPMENT
the contents of such invoice shall be deemed to be correct.                                                      8.1.Subject to the provisions of this agreement, the subscriber shall not during the period of this agreement
3.5.The subscriber shall pay WILINK interest at the prime rate plus 5% on all amounts overdue in terms of        or after the expiry thereof be liable for or guarantee any amount in respect of the value of the equipment,
this agreement, calculated from the due date of payment until the actual date of payment.                        but shall not be entitled to cancel this agreement as a result of any diminution in the value of the equipment
                                                                                                                 howsoever caused.
3.6.The subscriber shall not be entitled to withhold any payment from WILINK for any                             8.2.The subscriber shall during the subsistence of this agreement maintain the equipment in a good state of
reason whatsoever, nor shall the subscriber set off against any charges or any other amount payable, any         repair, fair wear and tear excepted. The subscriber shall make good at its own expense any damage caused
present or future claim which the subscriber may have against WILINK from any cause arising.                     to the equipment from whatsoever cause arising, including, without limiting the generality of the
3.7.All monies paid by the subscriber in terms hereof shall be applied in the first place to the payment of      aforegoing, any damage arising from the negligence of the subscriber or its employees. The subscriber shall
any additional amounts payable by the subscriber to WILINK and the balance shall be applied to the               ensure that all repair and maintenance services in respect of the equipment shall be rendered only by
payment of the charges. WILINK may, notwithstanding the above, in its own discretion and without notice          suitably qualified persons approved by WiLink. The subscriber shall be responsible for all costs and charges
to the subscriber, apply any monies received by it from the subscriber, in payment of any other amount           in respect of repairs and maintenance of the equipment.
due by the subscriber to WILINK, whether in respect of equipment sold, services rendered, monies                 8.3.The subscriber acknowledges having examined the equipment or caused the equipment to be examined
advanced or any other debt whatsoever.                                                                           and satisfied itself as to its good condition and service ability and agrees that no guarantee as to the
3.8.It is expressly agreed that the charges payable in terms of this agreement do not include any payment        condition, quality or model of the equipment or as to its fitness for any purpose has been given, expressly or
in respect of the maintenance of the equipment.                                                                  tacitly, and any implied warranty is hereby expressly excluded.
                                                                                                                 8.4.The subscriber shall not be entitled to any suspension, remission and/or withholding of the charges in
3.9.Any migration, upgrade, downgrade or outdoor transfer shall be subject to payment by the subscriber          respect of any period during which the equipment is not in proper working order or not working at all.
of the then prevailing charges of WILINK applicable to such services. 3.10.The subscriber shall upon             8.5.On termination of this agreement, the subscriber shall return the equipment to WILINK at an address
demand by WILINK following signature of this agreement, effect payment to WILINK in the form of debit            nominated by WILINK in the same condition as existed at the effective date, fair wear and tear excepted.
order, stop order or series of post dated cheques or in such other manner as WILINK may stipulate, in
respect of the charges in terms of this agreement covering the full term of this agreement.                      9.SUBSCRIBER’S OBLIGATIONS
3.11.The subscriber shall be liable for and pay to WILINK on demand an amount equal to the aggregate of          9.1.The subscriber shall not, without the prior written permission of WILINK, remove or allow the equipment
                                                                                                                 to be removed from the subscriber's premises. Such permission may be granted subject to the requirement
the amount charged by WILINK's bankers in respect of any of the subscriber’s cheques, stop orders, debit
                                                                                                                 that the equipment be moved at the subscriber's expense by WILINK's agents who shall require 14
order mandates or similar payment instructions dishonoured by the subscriber's bankers plus a penalty            (fourteen) days written notice thereof.
equivalent to 50% of that amount.                                                                                9.2. The subscriber shall:
                                                                                                                 9.2.1.shall allow WILINK, its servants, agents and sub-contractors access to the subscriber’s premises at all
4. CONDITIONS OF USE OF TELKOM DIGINET LINES                                                                     reasonable times in order to install, maintain, monitor, inspect, replace or remove the services and/or
4.1.The subscriber understands and accepts that the provision, transfer, migration, upgrade and downgrade        equipment;
of the Diginet Diginet Plus services, shall be subject to the provisions of the Telecommunications Act, 103 of                                                                    Initial
1996 (“the Act”), the licenses issued to Telkom and Telkom’s Standard Terms and Conditions for the
9.2.2.use the equipment with care and subject to any instructions issued by the supplier or manufacturer of      payable by the subscriber in terms hereof, whether due for payment or not, upon payment of which
the equipment from time to time, which instructions shall be deemed to have been issued by WILINK;               amounts the subscriber shall be entitled to the use, possession and enjoyment of the equipment until
9.2.3.keep the equipment free from the claim of third parties and from attachment, shall not alienate or         the expiry of the notice period; provided, however that if the subscriber fails to make immediate
transfer the equipment, encumber the equipment, either in part or as a whole, nor allow any lien to arise in     payment as provided herein, the rights of WILINK shall not be exhausted and WILINK shall
respect thereof                                                                                                  notwithstanding the election to claim immediate payment in terms of this sub-clause, be entitled to
9.2.4.keep the equipment dry, clean and free from dust, extreme temperature and harmful fumes;                   claim and recover the relief in 17.2.2, 17.2.3 and 17.2.4;or 17.2.2.to immediately suspend its
9.2.5.immediately on the commencement date, advise the owner or the landlord of the subscriber's                 obligations under this agreement and/or cancel this agreement; and
premises or any subsequent landlord and/or owner of any subsequent premises of the fact that the                 17.2.3.to retake possession of the equipment; and
equipment is the property of WILINK and will remain such throughout the subsistence of this agreement and        17.2.4.to recover from the subscriber-
thereafter;                                                                                                      17.2.4.1.all amounts due and /or in arrears as at the date of cancellation together with interest
9.2.6.advise WILINK of the name and address of the owner or landlord of the subscriber's promises and/or         thereon plus VAT; and
the name and address of any subsequent owner or landlord of the same or any other subsequent premises;           17.2.4.2.all damages suffered by WILINK as a result of the cancellation of the agreement which
9.2.7.not interfere with or allow any interference with any identification which may be affixed to the           damages the subscriber agrees shall be equivalent to –
equipment by WILINK fom time to time;                                                                            17.2.4.2.1. the total of all amounts which but for such cancellation would have been payable from the
9.2.8.not use the equipment in contravention of this agreement;                                                  date of cancellation of the agreement until the date upon which this agreement ends, less
9.2.9.not make any alteration to the equipment and all replacements and renewal parts and accessories and        17.2.4.2.2. the value of the equipment as at the date of recovery thereof by WILINK and as
all additions and alterations to the equipment during the currency of this agreement, shall be deemed to         determined by WILINK.
form part of the equipment and shall accede to and become the property of WILINK without compensation            17.3.The provisions of 17.2 above, shall not be construed as precluding WILINK from enforcing
to the subscriber;                                                                                               performance by the subscriber under the terms and conditions of this agreement.
9.2.10.keep the equipment in its own possession and control and shall not permit the same to be used by
any unqualified operator or in any other manner contrary to the law or the terms and conditions of any           18. JURISDICTION AND COSTS
insurance policy relating to the equipment.                                                                      18.1.The subscriber consents to the jurisdiction of any competent Magistrate's Court in respect of
                                                                                                                 any action to be instituted against the subscriber by WILINK in terms of this agreement, provided
10. INSURANCE                                                                                                    however that nothing herein contained shall preclude WILINK from proceeding against the subscriber
The subscriber shall be responsible for the insurance of the equipment and the subscriber shall comply with      in terms of this agreement in any court of competent jurisdiction, in which event WILINK shall be
all reasonable conditions imposed by the subscriber's insurer or their agents with regards to the location       entitled to recover the cost of the proceedings in the said Court of competent jurisdiction on the
and use of the equipment.                                                                                        basis of the tariff applicable to such Court.
                                                                                                                 18.2.Notwithstanding the provisions of 18.1, all legal fees, charges and disbursements of whatsoever
11. ALTERATION AND EXTENSION TO EQUIPMENT                                                                        nature (including, without limiting the generality of the aforegoing, costs on the attorney and own
Should the subscriber or any competent authority determine, either before, during or after the installation      client scale) incurred by WILINK in enforcing any of the provisions of this agreement and recovering
of the equipment, that any alterations or additions are required to the equipment or to the subscriber's         possession of the equipment and costs and disbursements incurred tracing the subscriber and/or the
premises to ensure the proper installation and functioning of the equipment, then such alterations or            equipment and in collecting or endeavouring to collect all or any amounts payable by the subscriber
additions shall be carried out only by such technicians as may be approved by WILINK, at the subscriber's        to WILINK, hereunder or otherwise, and all collection commissions, storage charges, costs of
sole cost and expense. Such technicians shall be deemed to be the agents of the subscriber in carrying out       evaluation of the equipment and restoring the equipment to a saleable condition, selling
such alterations and additions and no liability of whatsoever nature shall attach to WILINK in respect of such   commissions, dismantling and removing charges and all other fees and charges of a like nature, shall
alterations or additions or in the manner in which they are carried out.                                         be for the account of the subscriber and shall be payable on demand.

12. FORCE MAJEURE                                                                                                19. UPGRADE OPTIONS
If WILINK is prevented from or restricted directly or indirectly from carrying out all or any of its             19.1.Unless the contrary is expressly recorded in this agreement, the subscriber shall have the right,
obligations under this agreement due to any reason and/or cause beyond the control of WILINK or by               subject to the provisions of the option contained in this paragraph, to upgrade the services, the
reason of force majeure, WILINK shall be relieved of its obligations in terms of this agreement during           equipment or any part thereof during the currency of this agreement.
such period.                                                                                                     19.2.Without derogating from the generality of anything stated in this agreement, the parties hereby
                                                                                                                 expressly agree that the upgrade option may not be exercised unless: 19.2.1.the subscriber will have
13. CESSION AND ASSIGNMENT                                                                                       complied with and can reasonably be expected to continue to comply with all the terms and
13.1. WILINK shall without notice to the subscriber be entitled to cede, sell, pledge and/or assign all          conditions of this agreement;
or any of WILINK's rights under this agreement, and/or its right of ownership in the equipment.                  19.2.2.the subscriber shall give WILINK at least 30 (thirty) calendar days written notice of its intention
13.2. The subscriber shall not be entitled to cede and/or assign any of its rights and or delegate any of        to exercise this option.
its obligations in and to and arising from this agreement without the prior written consent of WILINK.           19.3.The subscriber shall sign and accept all documents and/or contractual amendments to this
                                                                                                                 agreement as are then deemed necessary by WILINK for the exercise of this option.
14. LOSS OR DESTRUCTION OF EQUIPMENT
14.1.In the event of the equipment being lost, stolen or, in the opinion of WILINK damaged beyond                20. NOTICES
economical repair, this agreement shall terminate and the subscriber shall pay all charges                       20.1.WILINK and the subscriber choose the addresses set out in the schedule as their chosen address
outstanding in respect of the period prior to such termination, provided that this agreement shall not           ("domicilium citandi et executandi") for all purposes under this agreement.
terminate if the parties reach agreement on the substitution of the equipment.                                   20.2.Either party may change its domicilium citandi et executandi on written notice to the other.
14.2.Should WILINK hold any insurance policy in respect of the equipment, the subscriber shall                   20.3.Any notice given or any payment made by a party to the other (“the addressee”) which –
comply with all or any lawful requirements of the insurance concerned in regard to any claims made               20.3.1.is delivered by hand during the normal business hours of the addressee to the addressee’s
following upon loss, theft or destruction of the equipment.                                                      domicilium citandi et executandi for the time being shall be presumed, unless the contrary is proved
14.3.In the event of loss or destruction of the equipment, the subscriber shall notify WILINK within 1           by the addressee, to have been received by the addressee at the time of delivery;
(one) business day of such loss or destruction.                                                                  20.3.2.is posted by registered post from an address within the Republic of South Africa to the
                                                                                                                 addressee at the addressee’s domicilium citandi et executandi for the time being shall be presumed,
15. INFORMATION ABOUT THE USER                                                                                   unless the contrary is proved by the addressee, to have been received by the addressee on the 7th
The subscriber warrants, such warranties being material and going to the root of this agreement, that            (seventh) day after the date of posting. Where in terms of this agreement, any communication is
all information supplied to WILINK by the subscriber or anyone on its behalf concerning the                      required to be in writing the term “writing” shall include communications by telex and/or facsimile
subscriber's business in whatever form is true and correct in all material respects; in particular, all          and/or e-mail and shall, unless contrary is proved by the addressee, be deemed to have been
information so supplied to WILINK during its investigation prior to the commencement date. The                   received by the addressee 48 (forty-eight) hours after the time of transmission.
subscriber further warrants that all such information as may be presented to WILINK in the future will
be true at the relevant time, and will remain true and correct in every material respect.                        21. GENERAL
                                                                                                                 21.1.All payments to be made by the subscriber in terms hereof shall be made to WILINK at the
16. DEEMED ACCEPTANCE                                                                                            address of WILINK indicated on page one of this agreement, or at any such other address, which
Acceptance of this quote, agreement, and terms and conditions is deemed to have taken place in
                                                                                                                 WILINK may designate for such purpose from time to time. 21.2.No variation, alteration, consensual
Johannesburg upon receipt of copies of all documents relevant annexures and terms and conditions
by WILINK.                                                                                                       cancellation or novation of or addition to this agreement, and no waiver by WILINK of any of its rights
                                                                                                                 hereunder, and no latitude or indulgence by WILINK, shall be of any force or effect unless reduced to
17.BREACH OF AGREEMENT                                                                                           writing and signed by both WILINK and the subscriber.
17.1.Should the subscriber –                                                                                     21.3.Any latitude or extension of time which may be allowed by WILINK to the subscriber in respect
17.1.1.fail to make any payment due in terms of this agreement on due date thereof; or                           of any payment or other performance provided for in this agreement or any other indulgence which
17.1.2.commit any other breach of its obligations in terms of this agreement which breach shall be               may be extended by WILINK to the subscriber, shall not prejudice any of the rights of WILINK under
deemed to be a material breach; or                                                                               this agreement or operate as a waiver or novation of such rights
17.1.3.enter into or attempt to enter into a compromise and/or debt arrangement with all of its                  21.4.This agreement constitutes the sole record of the agreement between the parties in regard to
creditors or any of them; or                                                                                     the subject matter thereof. Neither party shall be bound by any representation, or express or implied
17.1.4.allow any judgment entered against it to remain unsatisfied for a period of 10 (ten) days from            term, promise or the like not be recorded herein or reduced to writing and signed by the parties or
the date of such judgment being granted, or failing to obtain a rescission of such judgment within a             their representatives.
period of 14 (fourteen) days from the date of such judgment being granted; or                                    21.5.This agreement shall in all respects be governed by and construed in accordance with the laws
17.1.5.have made any misrepresentations to WILINK in connection with this agreement or any matter                of the Republic of South Africa, and all disputes, actions and other matters in connection with this
relevant thereto; or                                                                                             agreement shall be determined in accordance with such laws.
17.1.6.do or suffer to be done any act or thing which may prejudice WILINK's rights in and to this               21.6.Should any provision of this agreement be rendered unlawful then that unlawful provision only
agreement and/or the equipment; or                                                                               shall be invalid, without effecting or invalidating any of the remaining provisions of this agreement
17.1.7.being a company or close corporation, be placed under judicial management, whether                        that shall continue to be of full force and effect. 21.7.WILINK undertakes to treat all information
provisionally or finally or be wound up, whether voluntarily or by order of Court, and whether                   supplied to it by the subscriber as confidential.
provisionally or finally; or                                                                                     21.8. A certificate signed by a director, manager or accountant of WILINK (whose appointment as
17.1.8.not being a company, be provisionally or finally sequestrated; or                                         such need not be proved by WILINK) as to: as to the amount owing by the subscriber to WILINK at
17.1.9.commit any act referred to as an act of insolvency in terms of the insolvency Act; or                     any time shall be sufficient proof thereof for provisional sentence or summary judgment. 21.9. If 2
17.1.10.being a company or a closed corporation, effect a change in the beneficial ownership of any              (two) or more subscribers sign this agreement, their liabilities shall be joint and several. If this
or all of the shares or interests therein, as the case may be, without prior written consent of WILINK;          agreement is not signed by all persons named as the subscriber above, or by all partners of the
or                                                                                                               subscriber (if a partnership) or by all members of a close corporation (if a close corporation), this
17.1.11.in WILINK’s opinion jeopardise WILINK by abusing or misusing the services in any manner                  agreement shall nonetheless be and remain binding on the subscribers who have signed this
whatsoever; or using the services for any unlawful purpose; or 17.1.12.breach WILINK’s anti-spam                 agreement or on a subscriber being a partnership or close corporation (as the case may be).
policy or acceptable use policy as notified to the subscriber by WILINK from time to time, the
subscriber shall be deemed to have breached the provisions of this agreement.                                                                   Subscriber Signature
17.2.Should the subscriber be deemed in terms of 17.1 to have breached any of the provisions of this
agreement, WILINK shall been entitled forthwith without prejudice to any other rights which might
have against the subscriber –
7.2.1.to demand payment of the total outstanding balance of the charges plus VAT for the remaining
period applicable to this agreement plus the applicable notice period, and any other amounts