Terms and Conditions
INTERPRETATION
1. In this Agreement, unless the context requires otherwise, each of the following words and expressions shall have the meaning stated opposite it and cognate expressions shall have a corresponding meaning, namely:
“Agreement“ refers to the terms and conditions of use, the terms and conditions of use of the Linki Fi Consulting Group t/a WiFi Creations, any copyright notice, privacy policy and any and all terms and conditions imposed in respect of the service as amended and updated from time to time;
“Business Hours” means Mondays to Fridays 08H00 to 17H00 excluding Public Holidays;
“Maintenance Plan” means the optional maintenance plan sold by the service provider to cover damage to the CPE, including rain/water, lightning and other accidental damage to the CPE but excluding theft and malicious damage “inclusive of” will always be read as “inclusive of but limited< to”
“Client” means the subscriber on any subscription agreement, service application or service order;
“Client Data” means the data transmitted and received using the Linki Fi Consulting Group t/a WiFi Creations network;
“CPE” means Client Premises Equipment, the radio antenna as well as the indoor router that is installed at client’s premises for the delivery of the service;
“Parties” means the parties to this Agreement, being the Provider and the Client, and “Party” shall mean either one of them, as the context may require; and
“Service provider” means Linki Fi Consulting Group t/a WiFi Creations, a Private Company duly registered in terms of the law of the Republic of South Africa, including any and all of its successors in title;
“ZAR” or “Rand” means the lawful currency of the Republic of South Africa.
2. In this Agreement, unless the context clearly indicates otherwise:
Words importing any one gender shall include the other gender;
The singular shall include the plural and vice versa;
An expression which denotes a natural person includes a juristic person and vice versa;
The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it; and
Any reference in this Agreement to “days” shall be construed as calendar days.
3. The headnotes to the paragraphs to this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
4. If any provision in clause 1 is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that such provision is contained in such clauses, effect shall be given thereto as if such provision were a substantive provision in the body of the Agreement.
5. Save where clearly indicated to the contrary, expressions defined in this Agreement shall bear the same meanings in any schedule hereto unless such schedule contains an alternative definition for the expression.
6. Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.
7. When any number of days are prescribed in this Agreement (including Business Days), same shall be
reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday,
Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a
Saturday, Sunday, or public holiday.
8. When any number of Business Days is prescribed in this Agreement, same shall be reckoned inclusively
of the first and exclusively of the last Business Day.
9. Should the day for the performance of any obligation in terms of this Agreement fall on a day which is
not a Business Day, then such obligation shall be performed on the immediately succeeding Business
Day.
10. This Agreement shall be binding on and enforceable by the successors-in-title, administrators,
trustees, permitted (in terms of this Agreement) assigns or liquidators of the parties as fully and
effectually as if they had signed this Agreement in the first instance and reference to any Party shall be
deemed to include such Party’s successors, administrators, trustees, permitted assigns or liquidators,
as the case may be.
11. The expiration or termination of this Agreement shall not affect such provisions of this Agreement as
expressly provide that they will operate after any such expiration or termination or which of necessity
must continue to have effect after such expiration or termination, notwithstanding that the applicable
clauses do not expressly provide for such continued effect.
12. Any reference in this Agreement to legislation or subordinate legislation is to such legislation or
subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time
to time.
13. Any reference in this Agreement to a Party shall include a reference to that Party’s assigns expressly
permitted under this Agreement and, if such Party is liquidated or sequestrated, be applicable also to
and binding upon that Party’s liquidator or trustee, as the case may be.
14. Should this Agreement be signed on a date that results in the use of any tenses herein being
inappropriate, the terms shall be read in the appropriate tense.
INTRODUCTION OF SERVICE
1. Access to www via WiFi Creations Network, wired or wireless, referred to “the service”,
2. Subject to the full terms and conditions as contained in this document.
3. These terms and conditions may be altered from time to time without notice, client responsible to
revisit these terms and conditions from time to time to familiarize with the content
4. By using this service you agree with the full terms and conditions as set out.
CONDITIONS OF USE
The service provider agrees to provide the client access to the service as subscribed to on the full terms and
conditions of this agreement. By using the service you agree that you will not circumvent the user
authentication process and service speed limiters or attempt to access the service provider’s network. Should
the client fail to comply with the full terms and conditions of this agreement and/or breach any of the provisions
specified, the client agrees to pay the service provider, on demand all costs, loss or damages incurred or
suffered by the service provider as a result of such breach.
SERVICE AVAILABILITY
The service provider will use the best possible endeavors to ensure that the service is available at all times.
The service provider is not responsible for the delay from any third party streaming that might cause a delay in
the connection to the client. The client however indemnifies the service provider from any losses whatsoever,
be it loss of business information, loss of data or any other direct or indirect financial losses resulting from
unavailability or interruption of the service regardless of whether such a claim is based on breach of contract,
intentional/negligent breach of duty of care that inflicts loss or harm that triggers legal liability, implied
warranties or even if the service provider or its employees were negligent.
COMMUNICATION WITH THE SERVICE PROVIDER AND STAFF
1. Clients can be held accountable for their conduct towards the staff of WiFi Creations, including conduct
pertaining to allegations or malicious conduct directed towards WiFi Creations or its staff.
2. Any abusive behavior including but not limited to threats, offensive language, aggressive conduct or
any type of intimidation on a public forum directed at WiFi Creations or its staff will not be tolerated.
Should such conduct occur, WiFi Creations reserves the right to suspend or terminate all services to a
client with immediate effect.
3. Any client that uses public platforms such as forums or social media to spread false allegations,
defamation or cause any action that diminishes the reputation or public perception of WiFi Creations
could have their services suspended or terminated with immediate effect.
4. WiFi Creations also reserves the right to institute appropriate action against such a client to remedy
any such perception.
SECURITY & PRIVACY
1. WiFi Creations reserves the right to intercept and monitor all usage and flow of communication
through the service provided and takes any other action required to ensure that the security and
reliability of its network are not compromised.
2. All customer information required for providing the service including personal information such as
an address, telephone numbers, and banking details will be kept in the strictest confidence by WiFi
Creations and will not be distributed or sold to third parties.
3. The client may not use the service of WiFi Creations in any way that can compromise the security of its
network and may not tamper with the network or supplied hardware or service in any way.
4. The client is solely responsible for the protection of their data on any personal computing devices
(Computers, Laptops, Tablets, Smartphone’s) when using the WiFi Creations service. Devices should be
adequately protected with the required anti-virus, spyware, firewall, and encryption where required.
WiFi Creations cannot be held responsible for any breach of security that occurs on client devices.
5. The client may not use the service provided by WiFi Creations for any illegal or unlawful activity. This
includes (but is not limited to) gathering or email addresses or names for political, commercial,
charitable or any other use as well as gathering personal information of third parties without their
consent. In addition, the client may not violate or allow the violation of the privacy of any person or
attempt to gain unauthorized access to the WiFi Creations network or any other network by hacking,
phishing, password mining, or any other action that compromises the privacy of any person or network.
6. If any client is found to engage in any of the above actions, WiFi Creations reserves the right, without
prejudice to any other rights to without notice and immediate effect, suspend or terminate any client
service and/or agreement without refunding any paid service as any such action is deemed a breach of
contract. Furthermore, WiFi Creations reserves the right to invoice the client with any costs incurred
inclusive of bandwidth, administrative fees, possible downtime caused, and any other costs incurred to
rectify the breach of security. Although the client’s personal information is protected by a
confidentiality clause, client information may be made available to any person or entity affected by
these actions.
7. WiFi Creations does not keep a record of any passwords to access client premises Wi-Fi routers. It is
the responsibility of the client to ensure that access to premises equipment is secured by not providing
outside parties with the access code to connect to these routers.
SUBSCRIPTION OPTIONS AND NOTICE PERIODS
All ISP services rendered by WiFi Creations are rendered on a month to month basis, as well as 12( twelve) and 24(twenty four) month contracts respectively, in accordance with the package selected by the specific client, unless stated differently. Claw back fees of R1500.00 ( one thousand and five hundered rands ) will apply to different contracts in the case of early contract terminations. 30 Day Money Back Guarantee applies when our service has been tested and proof of poor service connectivity has been established.
1. Private Individuals
Should a client opt to cancel the agreement at any time, the client is obliged to give WiFi
Creations one (1) calendar month’s written notice. Any fees due regarding the cancellation should be paid up in full within seven (7) working days.
All CPE (outdoor hardware as well as indoor), supplied by WiFi Creations, remains the property of WiFi Creations and should be returned
in good and working order after the said notice period.
Should the client fail to communicate such cancellation in writing to WiFi Creations, WiFi
Creations reserve the right to continue billing the client for ISP services rendered until such
written notice of cancellation is received.
2. Businesses
Should a client opt to cancel the agreement at any time, the client is obliged to give WiFi
Creations one (1) calendar month’s written notice. Any fees due regarding the cancellation should be paid up in full within seven (7) working days.
All CPE (outdoor hardware as well as indoor), supplied by WiFiCreations, remains the property of WiFiCreations and should be returned
in good and working order after the said notice period.
Should the client fail to communicate such cancellation in writing to WiFi Creations, WiFi
Creations reserves the right to continue billing the client for ISP services rendered until such
time as the notice period (one calendar month), calculated from the date of receipt of the written
notice of cancellation is received by WiFi Creations.
Specials and Value Added service
Money back guarantee is an added value service and does not form part of the standard process when signing up for any service of WiFi Creations.
Any specials offered by WiFi Creations will exclude any added value service as part of the offered package unless offered and stated in writing.
Any shortfall of the terms and conditions with regards to a special, will void any agreement of the special and standard procedures will apply
WIRELESS CONNECTIVITY SUBSCRIPTIONS
All AirFibre ( Wireless ) deals are herby offered on the following basis
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One (1) year contractual agreement or free installation works in accordance that should a client cancel before the end of the one year period, the client will be liable for the installation of R1500.00 . The installation payment will be due after 7 days of termination of agreement.
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All hardware offered (FREE TO USE ROUTER) on this service will be returned in good working condition to WiFi Creations 3 days after contract termination, unless arranged and agreed otherwise between the client and the provider.
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All hardware installed as part of the service offering will be removed from the client premises after the contract termination.
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All clients will be liable for the safekeeping of all installed hardware.
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All packages and service delivery on speeds are on a best effort basis, to ensure optimal performance of the network and the service thereof.
FIBRE CONNECTIVITY SUBSCRIPTIONS
All Fibre deals are herby offered on the following basis
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Month to Month with a one year contractual agreement. Should a client cancel before the end of the one year contract, the client will be liable for the installation of R3500.00 . The installation payment will be due after 7 days of termination of agreement.
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All hardware offered (FREE TO USE ROUTER) on this service will be returned in good working condition to WiFi Creations 3 days after contract termination, unless arranged and agreed otherwise between the client and the provider.
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All hardware installed as part of the service offering will be removed from the client premises after the contract termination.
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All clients will be liable for the safekeeping of all installed hardware.
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All packages and service delivery on speeds are on a best effort basis, to ensure optimal performance of the network and the service thereof.
I
BREACH OF CONTRACT
1. The following conduct will constitute the breach of contract by the subscribe using the internet service
for any illegal activities
2. Bypassing any authentication methods and/or speed or data limitation methods used by the service
provider.
3. Accessing or attempting to access any part of the service provider’s network infrastructure.
4. Failing to make payment for the provision of services within the stipulated time frame.
5. Abusive behavior including but not limited to threats, offensive language, aggressive conduct or any
type of intimidation on a public forum directed at WiFi Creations or its staff.
6. Where a client is in breach of contract, WiFi Creations reserves the right to cancel any subscription
agreement with the client by giving 24 hours’ notice of cancellation of services. In addition to
terminating an account, the service provider can take any action deemed necessary to collect any
monies outstanding from the subscriber in lieu of his subscription agreement and may collect all
equipment deemed part of the subscription agreement from the premises of the subscriber. Failure by
the subscriber to allow access to the service provider to remove the CPE device from the subscription
address may result in legal action to remedy the situation.
REFUNDS AND HANDLING FEES
1. All installation fees and subscription fees are payable in advance.
2. When a client requests an installation the service provider will invoice the requested work and
payment must be received prior to scheduling the requested work.
3. The following stipulated terms will be in effect depending on the matter that arises.
Cancellation of installation by the Client
Should a client have requested an installation and payment have been received it
will be deemed a binding agreement between the client and the service provider
to undertake the installation and provide the service as selected by the client.
Where a client then decides to cancel the installation (when the installation has not
taken place) the service provider will refund the client for the equipment and
subscription paid less a 15% (fifteen percent) administration fee.
Should the client cancel the service after the installation was completed, no refund
will be made to the client for the installation undertaken.
Where such installation was part of a subsidized subscriber agreement, the service
the provider will also take possession of the CPE device as per normal cancellation of
subsidized agreements.
Cancellation of installation by Service Provider
Where an installation was paid for by a client and subsequently the service provider
determines that service cannot be provided to a client as a result of the client falling
outside the service provider’s coverage area or other factors such as poor reception
the area will hinder a stable service to the client the service provider will deem the
subscription agreement as null and void and will refund the client the full amount
received without penalty.
No refund will be made by the service provider for any bank charges billed to the
client.
4. Bank charges
Payments received in lieu of Internet installations and/or monthly subscriptions
that are received by way of a cash deposit or electronic funds transfer to the bank account will attract bank charges.
Should the client request cancellation and refund of said deposit, WiFi
Creations will refund the client the net amount deposited less bank charges
relating to the transaction in addition to the 30% cancellation fee.
SERVICE PROVIDERS’ RIGHT FOR COLLECTION OF SUBSCRIPTIONS
Should a matter arise where the service provider billed an amount less than the agreed subscription fee the
service provider reserves the right to bill the client for any amount that should have been billed as per the
subscriber agreement. The service provider does not give up its rights for the collection of the amount that has
become in arrears as a result of such an error or omission. The client undertakes to make payment of any such
arrear amount that resulted from incorrect billing by the service provider notwithstanding payment of the
revised subscription as per the original subscription agreement which will become due on the next billing cycle.
SUSPENSION OF SERVICES
Where a subscriber fails to make a payment on the date of the subscription fee becoming due, the service
provider has the right to suspend the service to any subscriber without providing further notice. The client will still be liable
for the payment of the suspended month. All
subscriptions are payable in advance and payment for services for the month is payable on or before the last day
of the previous month for the service to be delivered in the forthcoming month. Where a client has signed a debit order
with the service provider and the debit order is not honored by the subscriber’s bank, the account will be
deemed not paid and will be suspended without notice to the subscriber.
RECONNECTION FEES
1. Where a subscriber’s service has been suspended due to late or non-payment before the 1st of the
month the service provider will bill a reconnection fee of R50.00 to the account of the subscriber.
2. The subscriber must pay this reconnection fee as well as the normal subscription amount and any
other fees before the account will be re-activated.
REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS
1. From time to time the service provider may offer discounted subscription and/or installation fees as a
promotion for new clients.
2. Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their
original subscription agreements and the rate of subscriptions as contained in said agreements.
Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such
promotions constitute a change in the original subscriber agreement.
3. WiFi Creations reserves the right to offer promotional subscription periods without notification to
existing subscribers nor is WiFi Creations obliged to offer these reduced subscriptions to existing
subscribers.
ANTENNA EXTENDED WARRANTY PLAN (APPLICABLE WIRELESS SERVICE ONLY)
1. In the nature of the trade that WiFi Creations is in, we install electronic equipment outside a house that
is open to all the natural elements. The equipment is issued with an initial warranty that stipulates if it
works on installation, the equipment is deemed in working order. There is no outright warranty issued
by suppliers of this equipment as in most cases it is damaged by water or electrical surges.
2. To combat the effects of this, WiFi Creations offers their clients the option of adding an extended
antenna warranty plan at a cost of R500.00 per year, this will be for the client that already has the
equipment and just want to change from a service provider. This will be paid upfront with the
configuration payment.
3. The extended warranty plan will cover any cost associated with the CPE device, the cable that leads to
it, and the power supply that powers the CPE. No routers or any other equipment is covered by the
extended warranty plan.
4. The extended antenna warranty plan covers:
Any water/rain/storm damage
Electrical Surges
Lightning strikes
Any latent defects not covered by a supplier warranty.
The antenna care plan does not cover:
Any malicious damage by any person
Theft
If any maintenance was attempted by any person other than a WiFi Creations representative
Rust
In the event of a claim under the extended antenna warranty plan, a technician will assess the
situation and refer the matter to management for consideration. If deemed in order the
the antenna will be replaced and the full cost of the antenna will be discounted. If it is found that
the antenna is damaged by something not covered under the antenna care plan, the client will
be advised and invoiced accordingly.
The above set out in the extended warranty plan only applies to client-owned equipment.
JURISDICTION
In the event of a dispute arising out of this agreement, the Service Provider consents to the jurisdiction of the
Magistrates Court in regard to any proceedings which may be instituted. The Subscriber shall, however, be
entitled to proceed in any division of the Supreme Court having jurisdiction should it so elect.
NOTICES AND DOMICILIA
1. The Parties select as their respective domicilia citandi et executandi for the purpose of legal
proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of
this Agreement, the following addresses –
2. THE SERVICE PROVIDER chooses its domicilium citandi et executandi at Calendula Drive Malabar, Port Elizabeth,
Eastern Cape Province.
3.THE CLIENT chooses its domicilium citandi et executandi at the address inserted on the application
form duly completed by the client, or such other address or telefax number as may be substituted by
notice given as required. Each of the Parties will be entitled from time to time to vary its domicilium by
written notice to the other to any other address within the Republic of South Africa which is not a post
office box or poste restante.
4. Any notice addressed to a Party at its physical or postal address will be sent by prepaid registered post,
or delivered by hand, sent by telefax, or sent by email.
5. A notice will be presumed, unless the contrary is proved, to have been given –
6. If posted by prepaid registered post, 5 (five) days after the date of posting thereof;
7. If hand-delivered during business hours on a business day, on the day of delivery;
8. If sent by telefax or email, on the first business day following the date of sending of such telefax or
email.
EFFECT OF INVALID OR UNENFORCEABLE CLAUSES
1. If any provision of this agreement is held by any court or other competent authority to be invalid or
unenforceable in whole or in part, this agreement shall continue to be valid as to its other provisions
and the remainder of the affected provision, unless it can be concluded from the circumstances that, in
the absence of the provision found to be null and void, the Parties would not have concluded this
agreement.
2. The Parties shall use all reasonable efforts to replace all provisions found to be null and void by
provisions that are valid under the applicable law and come closest to their original intention.
ENTIRE AGREEMENT
1. This agreement sets out the entire agreement between the Parties.
2. No Party has entered into this agreement in reliance upon any representation, warranty, or undertaking
of the other Party that is not expressly set out or referred to in this agreement.
3. This clause shall not exclude any liability for fraudulent misrepresentation.
4. This agreement supersedes any previous agreement or understanding relating to its subject matter;
5. This agreement may not be varied except by an agreement of the Parties and reduced to writing.
WAIVER
1. No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless
expressed in writing and signed by the Party giving same, and any such waiver will be effective only in
the specific instance and for the purpose given. No failure or delay on the part of either Party in
exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of
any right, power or privilege preclude any other or further exercise thereof or the exercise of any other
right, power or privilege.
2. No indulgences allowed by the Purchaser to the Seller from time to time in respect of the latter’s
obligations herein shall prejudice the Purchaser in any way from subsequently strictly enforcing any
term, condition or provision of this agreement and/or no delay or failure on the part of the Purchaser
in the exercise of any right herein shall operate as a waiver thereof and no waiver whatsoever shall be
valid unless set out in writing and signed by the Seller and then only to the extent therein expressly set
forth.
LEGAL COSTS AS A RESULT OF BREACH
If as a result of the breach of any one of the provision of this Agreement by any of the Parties to this
Agreement, then the Party so in breach will be liable for all legal costs and disbursements so incurred on a scale
as between Attorney and Client, on the High Court Scale.
LANGUAGE OF AGREEMENT
This agreement has been negotiated and concluded in English. It may be translated into any other language for
practical purposes, but the version shall prevail in the event of any doubt.
APPLICABLE LAW
The proper law of this agreement is the law of the Republic of South Africa, and accordingly, any dispute relating
to this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or
termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation,
rectification, breach, or termination shall be determined according to the laws of the Republic of South Africa.
EXECUTION
By virtue of the client signature duly appended to the Provider’s Application form, the client agrees to be bound
by these said terms and conditions recorded herein.