POPTECH / General Terms and Conditions

General Terms and Conditions

1) All prices quoted exclude VAT and are valid for 14 days from the date of quotation.

2) Monthly fees are invoiced and payable in advance.

3) All business pricing is based on a minimum initial contract period of 12 months, and a notice period for termination of 3 months.

4) All services are provided on POPTECH standard terms and conditions as stated on our standard service agreements.

5) Unless otherwise stated, POPTECH Service charges exclude setup and monthly fees for Telco connections (last mile). These fees are dependent on each Telco’s current scale of charges, and are often dependent upon the distance between their nearest point of presence and your premises.

6) Subscriber shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by Subscriber passes.

7) Subscriber will not knowingly create, store or disseminate any illegal content, and POPTECH reserves the right to remove any content hosted by subscriber on POPTECH infrastructure which POPTECH considers illegal, or for which POPTECH has received a “take-down” notice in terms of section 75 of the electronic communications and transactions act.

8 ) Subscriber will not send nor promote the sending of spam.

9) Subscriber may not at any time use the Service in contravention of any South African law, including copyright and intellectual property rights. In particular, Subscriber undertakes to familiarise itself and ensure that it is kept continuously appraised of all South African law in force from time to time which has any bearing on the Service and/or its use. POPTECH has no obligation to assist Subscriber in this regard.

10) POPTECH reserves the right to suspend or terminate the service of any customer that does not comply with these terms and conditions, POPTECH’s Acceptable Use Policy or any other contractual obligations.

11) Subscriber may not commit nor attempt to commit any act or omission which directly or indirectly constitutes and abuse or malicious use of the Service or is calculated to have the abovementioned effect, or which result in contravention any of these terms and conditions. In such an event, should POPTECH incur expenses to remedy the situation, POPTECH reserves the right to charge Subscriber any amount that is necessary to cover POPTECH’s additional expenditure.

12) Subscriber agrees that its IP allocation addresses from POPTECH are non-portable and on loan for the duration of the period that Subscriber is connected via POPTECH’s Internet Access Service. At the termination of the Service for any reason whatsoever all IP addresses allocated by POPTECH will become available for reallocation and Subscriber shall return to POPTECH the IP addresses allocated by POPTECH.

13) Under no circumstances may Subscriber resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against POPTECH, its servants, its agents or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulation alteri) if POPTECH interrupts the Service to Subscriber as it would be entitled to if Subscriber is in default of any of its obligations under this Agreement to POPTECH, or for any other reason.