CONDITIONS OF USE

The Supplier hereby grants the User the right to the use and enjoyment of the Router or Modem, whichever the case may be, (hereafter referred to as the “Equipment”) provided by the Supplier, free of charge to the User on the following conditions:

1. GENERAL

1. Expressions in the singular also denote the plural except where stated otherwise, and vice versa.
2. Pronouns of any gender include the corresponding pronouns of the other gender.
3. Equipment shall mean either a Router or a Modem, whichever the case may be.
4. This offer is only valid for a limited period at the discretion of the Supplier and can be cancelled at any time.
5. This offer is valid to one unit per client and the choice of equipment shall depend solely on the discretion of the Supplier.
6. The offer is subject to the User paying for the delivery cost which shall be included on his account.
7. The Supplier does not guarantee the compatibility or suitability of the equipment.
8. The Supplier shall provide the User with telephonic installation support. Should this not be sufficient the User shall be responsible to instruct his own qualified agent to install the equipment.

2. OWNERSHIP

1. The User acknowledges and agrees that the equipment is movable property and that it will be used at the address on the connectivity agreement also known as the terms and conditions of Webonline CC http://www.webonline.biz/tac/ and that, notwithstanding any such installation it is the clear and expressed intention that the equipment at all times remain the property of the Supplier who has the right to remove such equipment on termination of this agreement or the termination of the connectivity agreement or by a 30 day written notice by the Supplier claiming the equipment back.

3. USE OF EQUIPMENT

1. The User will at all times keep the equipment in his possession and control and exercise due and proper care in the use thereof.
2. The User shall protect the equipment from loss and damage from whatsoever cause including but not limited to force majeure.
3. The equipment will be used for the purpose for which it was intended and the User and his employees or agents will comply and procure compliance with the instructions, specifications, manuals and recommendations of the manufacturers or the supplier or any authorized dealer thereof.
4. The User shall not make any alterations, additions or modifications to the equipment without the Supplier’s prior written consent.

4. TERMINATION OR LOSS

1. If the Equipment is lost or damaged the User shall be liable to the Supplier to replace the equipment or pay the replacement value of the Equipment at the time of loss.
2. If the User’s services are cancelled due to an arrear account, the value of the Equipment shall be included to the arrear amount handed over for collection, except if the Equipment is received by the Supplier in good working condition within 14 days of the account being in arrears.
3. The User may use the Equipment while Webonline CC or Webonline CC’s nominated service provider, provides the User with connectivity services.
4. The User may only cancel the connectivity agreement after the Equipment is received back by the Supplier in good working order.
5. The User is to carry the costs of returning the equipment to the Supplier.

5. USER ADDRESS

1. The goods may not be used elsewhere than at the address stated in the connectivity agreement. If the User fails to comply with this term he shall be using the goods without the authority of the Supplier and it will be regarded as unlawful use of goods as contemplated in the Criminal Procedure Act 51 of 1977.

6. INDEMNITY

1. The User will have no claims whatsoever whether for damages or otherwise against the Supplier whether caused directly or indirectly by the Users use of the goods.
2. The User shall have no claim whatsoever against the Supplier for replacement of the equipment in the event that the equipment should cease to work.

7. NON-WAIVER

1. Neither party shall be regarded as having waived, or be precluded in any way from exercising, any right under or arising from this agreement by reason of such party having at any time granted any extension of time for, or having shown any indulgence to, the other party with reference to any payment or performance hereunder or having failed to enforce, or delayed in the enforcement of, any right of action against the other party.
2. Failure of either party to comply with any non-material provision of this agreement shall not excuse the other party from performing the latter’s obligations hereunder fully and timeously.

8. CONSENT TO JURISDICTION

1. The parties hereto consent to the jurisdiction of the Magistrate’s Court, without excluding the inherent jurisdiction of the High Court.

9. TERMINATION BY DEATH OR INSOLVENCY

1. This agreement shall not terminate with the death of the User. The executor of the deceased user’s estate shall have the option, depending upon the circumstances of the estate, either to abide by the contract or to cancel agreement by giving the Supplier one month written notice of termination and return the Equipment in good working order.
2. The insolvency of the user shall not terminate this agreement – however, the trustee of the User’s insolvent estate shall have the option to terminate this agreement by notice in writing to the Supplier. If the trustee does not within three months of his appointment as trustee notify the supplier that he desires to continue with the agreement on behalf of the estate, he shall be deemed to have terminated the agreement at the end of the three months and he shall return the goods in good working condition.