Terms and Conditions of Service
In this Agreement
“Service provider” means CW Net
“The service” means the internet access package and related services such as hosting and
mailbox provision as requested and agreed upon by the customer and provided by the
1.1. This Agreement may be terminated in the following ways:
1.1.1. by giving 30 days notice by email or fax to the domicilium / address for service
of legal notices of the other party;
1.1.2. at the discretion of the service provider in the event of
184.108.40.206. the failure by the customer to pay any monthly subscription or other fee or
charge due to the service provider timeously;
220.127.116.11. A material breach of these Terms and Conditions of Service or the
Acceptable Use Policy (AUP) incorporated therein.
2. Increases in rates & refunds
2.1. The service provider reserves the right to increase applicable rates in the event
of any increase in the cost of bandwidth or any other facility provided by
Telkom or any other service provider.
2.2. The service provider reserve the right to amend subscription rates at its
discretion and such amended rates shall be effective thirty days after
notification of the amendment is communicated to the customer.
2.3. There will be no refunds of subscriptions already paid to the service provider.
3. No warranties
3.1. The service provider makes no warranties, express or implied, regarding the
service provided, including but not limited to the availability thereof or the
correctness or suitability thereof for the purposes of the customer. The service
is provided “as is” and "as available". Without limitation of the a foregoing,
the customer expressly acknowledges that the service provider is reliant on
service provision from third parties the performance of which is beyond its
4. Disclaimer and indemnity
4.1. To the fullest extent possible the service provider disclaims all responsibility or
liability for any damages or loss howsoever arising, including but not limited to
direct, economic, consequential loss or loss of profits, resulting from the use of
or inability to use the service in any manner or from reliance on the service in
4.2. The service provider shall not be liable for any claims or damages arising from
any deficiency of any nature whatsoever in the service supplied, whether such
claims or actions arise from the negligent or wilful acts or omissions of the
service provider, its servants or agents.
4.3. Users agree to indemnify and hold harmless the service provider, its members,
employees, servants, subcontractors, partners, subsidiaries and affiliates from
any demand, action or application or other proceedings, including for attorneys
fees and related costs such as tracing fees, made by any third party and arising
out of or in connection with this Agreement and/or the user’s use of or inability
to use the service.
4.4. The customer acknowledges that they remain solely responsible for their own
security and privacy. Customers are strongly advised to install firewalls and
anti-virus software for their own protection.
5. Prohibition on sub-letting of the service provided
5.1. The customer may not cede, sub-let or otherwise transfer any rights they may
have under these terms and conditions or which may otherwise have been
obtained through the use of the service.
5.2. The customer is prohibited from reselling the service in any manner
6.1. The customer expressly consents to receiving all invoices and other notices and
notifications by electronic mail.
7. General provisions
7.1. These terms and conditions may be unilaterally altered by the service provider
at any time and such alterations will be binding on the customer. The
customer will be furnished with a copy of the amended terms and conditions as
and when changes are made.
7.2. The customer hereby consents to the jurisdiction of any Magistrate’s Court
having jurisdiction over their person in respect of any legal proceedings arising
out of these terms and conditions and to the payment of all costs on an
attorney-and-client scale including VAT, tracing fees and collection commission
in respect of any legal proceedings instituted by the service provider pursuant
to the entering into of this Agreement.
7.3. In the event of any part of these Terms and Conditions being found to be
partially or fully unenforceable, for whatever reason, this shall not affect the
application or enforceability of the remainder of this Agreement.
user and the web site owner. Failure to enforce any provision of these Terms
and Conditions shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
8. Notices and domicilia / address for service of legal notices
8.1. The parties choose as their domicilium or address for any notices in terms of
this Agreement as reflected on the Application Form of which these terms and
conditions form a part.
8.2. Data messages, including e-mail messages, sent by users to the web site owner
shall be deemed to be received only when acknowledged or responded to.
8.3. Data messages sent by the web site owner to users shall be regarded as
received when the complete data message enters an information system
designated or used for that purpose by the recipient and is capable of being
retrieved and processed by the recipient.
8.4. Any notice sent by facsimile shall be deemed to have been received by the
other party by close of business on the business day following the sending of