MegaWeb Internet Services Dial-up, ADSL and International Roaming


Dial-Up, ADSL Terms and International Roaming Conditions

1. Duration of Agreement
1.1The provision of services shall endure as of the effective date for an initial period of 3 months (hereafter referred to as the "initial period").

1.2

After the initial period, this agreement will automatically be renewed on a monthly basis, unless written notice of termination is provided by either party, no less than 30 days prior to termination.

1.3Business and uncapped ADSL are subject to 12 month contract and 90 days written notice
1.4Any renewal of this agreement is subject to the terms and conditions contained herein, but subject to price changes upon reasonable notice by MegaWeb.
2. Upgrades and Additional Services
Where the subscriber requests upgrade(s) to the services and MegaWeb agrees to provide such upgrades, it is recorded that the subscriber will be held responsible for the additional fees incurred by such upgrades, while the terms and conditions in this agreement will remain valid.
3. Charges
3.1The subscriber agrees to pay all fees and charges, in South Africa currency or any other currency quoted for the service require,, on the agreed date, without deduction of any amount for whatever nature or reason.
3.2All once off fees are payable in advance and are non-refundable.
3.3The subscriber shall ensure that there are sufficient funds in the account, details of which is to be provided to MegaWeb, for debit order and credit card payments, or that other forms of payment are provided timeously. Failure to comply with this will result in the suspension of services and/or the levying of interest and/or clean-up charges by MegaWeb.
3.4Any amount falling due for payment by the subscriber to MegaWeb in terms or pursuant of this agreement which is not paid on its due date shall bear interest. This interest is calculated from the due date for payment, at a rate of prime per month, monthly in arrears. In addition, MegaWeb shall be entitled to suspend the services until such time as payment is provided in full.
3.5MegaWeb reserves the right to increase its prices upon reasonable notice. Failure by the subscriber to terminate this agreement within 30 days of such notice shall constitute acceptance of the new charges.
3.6Traffic Charges: Where MegaWeb deems the bandwidth usage by the subscriber to be abusive or unreasonable for the level of service purchased, or the bandwidth usage threatens the quality of service to other users on the MegaWeb network, MegaWeb reserves the right to, at its sole discretion, limit the amount of bandwidth or request that the subscriber upgrades to a solution with the relevant charges for higher bandwidth requirements.
3.7In the event of any dispute arising as to the amount or calculation of any charge provided for herein which is payable by the subscriber, the dispute shall be referred for determination to independent auditors. They shall act as experts and their decision shall be final and binding on MegaWeb and the subscriber.
4. Termination of Agreement
4.1This agreement may be terminated by either party after the initial period by providing written notice of termination to the other, 30 days prior to cancellation of services.
4.2For the purposes of this agreement, the breach or threatened breach by either party of any of its material obligations under the agreement is a terminating event.
4.3The agreement may be terminated immediately on the happening of a terminating event at the option of the affected party upon the sending of notice by post or email to the party in breach.
4.4Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control.
4.5Termination of the agreement does not release the subscriber from paying any fees, which are due at the time of termination.
5. Warranties
5.1MegaWeb makes no warranties or representations of any kind, whether express or implied as to the service it is providing.
5.1MegaWeb disclaims any warranty of merchantability or fitness for any purpose and will not be responsible for any damages that may be suffered by the subscriber, including loss of data resulting from delays, non-deliveries or service interruptions, or errors and omissions on the part of the subscriber.
5.3Use of any information obtained through MegaWeb and its representatives is at the subscriber's own risk.
5.4Any reference to connection speed and bandwidth is subject to the availability of end to end bandwidth on all the relevant networks and no guarantees or warranties are provided by MegaWeb in this regard.
5.5International Roaming
MegaWeb Internet Services cannot be held responsible for any failed connections experienced by users of our International Roaming Service, as MegaWeb has no control over the International service to which the user is connecting.

If the user is using an ISDN connection for International Roaming, and the International POP does not support ISDN Connections, MegaWeb cannot be held responsible for non-connectivity as a result of this. Billing will still remain for ISDN.

6. Subscriber's Obligations
6.1The subscriber shall comply strictly with all restrictions imposed on computer networks through which any information and/or data transmitted by the subscriber passes.
6.2The subscriber may not commit nor attempt to commit any act or omission which directly or indirectly in any way damages the technical infrastructure of MegaWeb or any part thereof, impairs or precludes MegaWeb from being able to provide the service in a reasonable and businesslike manner; constitutes an abuse or malicious misuse of the service; or is calculated to have the above-mentioned effect. In such an event, should MegaWeb incur expenses to remedy the situation MegaWeb reserves the right to charge the subscriber an amount that is necessary to cover MegaWeb's additional expenditure.
6.3The subscriber is prohibited from allowing any other party access to the service through any of the subscriber's equipment, personnel and/or address.
6.4The subscriber may not at any time use the service in contravention of any South African law. In particular, the 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. MegaWeb has no obligation to assist the subscriber in this regard.
7. Content
7.1MegaWeb will not be responsible for exercising control over the content of the material passing through its network.
7.2MegaWeb does not regulate or take any responsibility for the security of the subscriber's login. The subscriber agrees that he/she will notify MegaWeb immediately, should he/she suspect that his/her login has been compromised.
7.3The subscriber warrants that he/she has all rights necessary to lawfully submit any information or materials that he/she is transmitting to MegaWeb, including all intellectual property rights.
7.4The subscriber agrees to indemnify MegaWeb against any action brought by a third party as a result of such material or information, or as a result of the subscriber's use in any way of the services provided by MegaWeb.
7.5Any use of the MegaWeb network to engage in software piracy or any other violations of law will result in immediate account suspension.
7.6MegaWeb forbids the transmission of content, which promotes racism, sexism, and the superiority of any nationality over another, or any other hatred messages.
7.7The subscriber agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. Programs provided by MegaWeb as an installable feature are not exempt from this policy. While every efforts is made on MegaWeb's end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
7.8The subscriber agrees not to modify any copyright notices in features provided by MegaWeb. Modification of scripts provided by MegaWeb without written permission is strictly prohibited. The violation of this policy may, at the discretion of MegaWeb, result in the subscriber's account(s) terminated without notice and a maximum clean-up/disconnection fee may be levied.
8. Internet Etiquette
8.1Spamming and the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to, is forbidden.
8.2Using fictitious e-mail addresses or misrepresentation of any kind is strictly forbidden.
8.3MegaWeb allows subscribers to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honoured immediately. The subscriber agrees not to send mailings to lists provided by an outside agency or individual. The subscriber further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, MegaWeb requests that mailing lists be sent during non-peak hours. MegaWeb reserves the right to terminate a client's mailing services, whether provided by MegaWeb or not, immediately and without notification to client if said list causes a problem with the e-mail services of other subscribers. MegaWeb also reserves the right to forbid a client from utilising any mail-sending program that jeopardizes the mail services of other subscribers.
8.4Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mail-bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden.
8.5MegaWeb reserves the right to determine what constitutes abuse of this policy. Subscribers whose accounts are found in violation of this policy may, at the discretion of MegaWeb, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee.
9. Exclusion of Liability
9.1MegaWeb its servants or agents, and except as otherwise expressly provided herein to the contrary, shall not be liable to the subscriber or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings) or for any costs, claims or demands of any nature whether asserted against MegaWeb or against the subscriber by any party arising directly or indirectly out of the service, its use, access, withdrawal or its suspension or out of any information or materials provided or not provided, as the case may be, by or from it or their use.
9.2Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the service is provided, the provision of the service may be suspended from time to time without notice by MegaWeb. All liability on the part of MegaWeb of any loss or damage (whether directly or consequential) thereby incurred or for any costs, claims or demands of any nature arising there from, is excluded, and the provisions of clause 9 shall apply mutatis mutandis to such exclusion. Should the provision of the service be suspended by MegaWeb for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, MegaWeb shall give the subscriber credit in an amount which represents a pro rata portion of the subscriber's basic subscription fee for the month during which the said suspension occurred.
9.3Without in anyway limiting the provisions in clause 9, any damages that MegaWeb may be held liable for to the subscriber shall be limited to and will not exceed the aggregate of fees and charges paid by the subscriber under this agreement for the period of 2 months preceding the date upon which any such cause of damage arose.
9.4The subscriber acknowledges that from time to time there may be a suspension in services due to causes beyond the control of MegaWeb. For the purpose of this agreement such causes include, but is not limited to acts of God, civil commotion, rights, insurrection, theft, fire, explosion, governmental embargoes, war, sabotage, national emergency, martial law, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, epidemic, quarantine, radiation or radio active contamination, action or inaction of any government or other competent authority including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order (including any order of Court), and breakdown of plant, machinery or equipment, externally caused transmission interference or satellite failure or satellite malfunction, or satellite downtime for any reason whatsoever or any failure of any dedicated permanent digital line connection used by MegaWeb or shortage of labour, transportation, fuel, power or plant, machinery, equipment or material.
9.5MegaWeb shall not be liable for defamation, slander, or infringement of copyright arising from or in connection with the provision of the services to the subscriber, nor for infringement of patents arising from the combination or use of the facilities of MegaWeb with apparatus and systems of subscriber, nor for any loss or damage arising out of or in connection with an act or omission of subscriber in connection with the services or facilities provided by MegaWeb to the subscriber and the subscriber hereby indemnifies MegaWeb against any such liability and shall protect and defend MegaWeb from any suits or claims alleging such liability and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against MegaWeb in connection therewith.
10. Documentation
Any specifications, descriptive matter, drawings and other documents which may be furnished by MegaWeb to the subscriber from time to time do not form part of this agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this agreement and shall remain the property of MegaWeb and shall be deemed to have been imparted by it in trust to the subscriber for the sole use of the subscriber.
11. Breach
11.1Subject to the provisions of clause 11.2 to the contrary, if either party hereto -
11.1.1either party hereto breaches any of the terms or conditions hereof or of any other agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from the other party;
11.1.2commits any act of insolvency;
11.1.3endeavours to compromise generally with its creditors or does or cause anything to be done which may prejudice the other party's right hereunder or at all;
11.1.4allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end;
11.1.5is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered,
11.2either party shall have the right, without prejudice to any other right which it may have against the other, to -
11.2.1treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexplored period of the agreement and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the subscriber until the subscriber has remedied the breach; or
11.2.2cancel this agreement;
11.2.3in either event without prejudice to the other party's right to claim damages.
11.3In the event of any expiration, termination or cancellation of this agreement, provisions hereof which are intended to continue and survive shall so continue and survive.
11.4The subscriber shall be liable for all costs incurred by MegaWeb in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
12. No cession
Either party shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party, and in particular, without derogating from the generality of the a foregoing, the subscriber may not cede to any third party the right of use of the address assigned to it by MegaWeb unless agreed in writing which may not be unreasonably withheld.
13. Liabilities of partners/signatories
13.1If the subscriber is a partnership, then each of the individual partners of the subscriber shall be bound as a partnership as well as in their individual capacities jointly and severally for all the subscriber's obligations, notwithstanding that only one partner may have signed on behalf of the subscriber.
13.2The person signing on behalf of the subscriber warrants that he is duly authorised to represent and bind the subscriber to this agreement.
14. Headings and interpretation
The clause headings contained herein are for reference purposes only and shall not be used in the interpretation of this agreement. Words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include created entities (corporate or unincorporated) and vice versa.
15. Domcilium citandi et executandi
For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, MegaWeb and the subscriber respectively choose their domicilium citandi et executandi ("domicilium) at their respective addresses appearing on the face hereof. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten days of the said change. Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered to the other party's domicilium and shall be presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that party on the tenth day after the date of posting or day of delivery as the case may be.

16. Magistrates' court jurisdiction
For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the magistrates' court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that any party shall have the right at its sole option and discretion to institute proceedings in any other competent court.
Contact Information: The Webmaster
Last Updated: 12-12-2007 09:46:23