Wireless Associate Service Provider t/a WASP General Terms and Conditions
(Updated May 2018)

  1. Introduction

1.1  Wireless Associate Service Provider t/a WASP provides access to the Internet and email functionality through a comprehensive offering of connectivity products available in the marketplace, including, but not limited to, fibre and wireless broadband. Various ancillary services come standard with Internet access and email, for example blog and expert forums, video albums, chat and discussion boards. Wireless Associate Service Provider also offers various other products and services, hosting of websites, fax-mail and VPN.

1.2  These General Terms and Conditions include the Copyright Notice, Privacy Policy, Code of Conduct and Service Charter, and Take Down Notifications Procedure under “General”, which are available on our Legal Notices Website.

1.3  These General Terms and Conditions apply to all products and services offered by Wireless Associate Service Provider t/a WASP. The terms and conditions that are specific to a product or service appear under “Products” or “Services” on our Legal Notices Website.

1.4  You will be required to agree to these General Terms and Conditions at the outset, and then to the relevant product or service specific terms and conditions when you decide to subscribe to a service or procure a product. A separate agreement will in each instance be concluded between us.

1.5  In the event of a discrepancy between these General Terms and Conditions and the product or service specific terms and conditions, the product or service specific terms and conditions will take precedence.

  1. Definitions

2.1 Activation Date means the date on which Wireless Associate Service Provider will give you access to and/or enable you to use a service;

2.2  Agreement means the General Terms and Conditions as defined in clause 1.2 together with the relevant product or service specific terms and conditions which are applicable to the services and/or products, including the Application Form provided to you by Wireless Associate Service Provider;

2.3 Application Form means the document on which you selected your service or product of choice;

2.4 Authority means the Independent Communications Authority of South Africa (“ICASA”);

2.5  Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;

2.6 Business Hours means the hours between 08h00 and 17h00 on a Business Day;

2.7  Effective Date means the date on which you signify your acceptance of the terms and conditions prescribed by us for the provisioning of a service or product, be that in writing or by way of electronic medium, including telephonic acceptance and, in the event of any dispute as to said date of acceptance, the Effective Date shall be the Activation Date;

2.8 Electronic Communications Act means the Electronic Communications Act, 2005;

2.9 ECT Act means the Electronic Communications and Transactions Act, 2002;

2.10  Force Majeure means (including without limitation) fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Wireless Associate Service Provider, that may result in a delay or a failure to provide the Service;

2.11  Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;

2.12  Legal Notices Website means  www.wasp-sa.co.za/legalpolicies

2.13  Marks means any trademarks, logos, brand names, domain names or other marks of Wireless Associate Service Provider;

2.14  NCA means the National Credit Act, 34 of 2005;

2.15  Network Coverage means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established;

2.16  Network Operator means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes (e.g. Telkom);

2.17  RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;

2.18  Website means www.wasp-sa.co.za

2.19  Subscriber means a user of the service and Subscribe or Subscription has a corresponding meaning;

2.20 we, us and our means Wireless Associate Service Provider, Registration Number 2007/111736/23, its affiliates and subsidiaries;

2.21  VAT means Value Added Tax as provided for in the Value Added Tax Act, 1991; and

2.22  you means the subscriber to the service.

  1. Conclusion of the Agreement

3.1 You warrant that you have the contractual capacity to enter into this Agreement with us.

3.2  When you apply for a service or product with Wireless Associate Service Provider you will provide us with a certified copy of your identity document, proof of residential and/or business address and proof of income (a copy of your payslip or bank statements). In the event of a juristic person, you will provide us with the same information as above for your authorised representative, together  with proof of address (certified copy of company letterhead) and a company resolution authorising the application and the company’s representative’s capacity to enter into the Agreement.

3.3  Your application for a service or product may be subject to a credit referencing or risk assessment process. This means that Wireless Associate Service Provider may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the NCA) (“Assessment Information”) from registered credit bureaus to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended agreement.

3.4 Wireless Associate Service Provider is entitled to perform a financial means test each time when you apply for a service or product.

3.5  An agreement for the service or product applied for will commence on the Effective Date. No agreement will come into effect in the event of a negative credit reference or risk assessment.

3.6  In this regard you consent to Wireless Associate Service Provider requesting, receiving and reporting your Assessment Information from and to registered credit bureaus in accordance with the provisions and for the purposes of the NCA; and the sharing of such Information by registered credit bureaus and such other persons as contemplated in the NCA, for the prescribed purposes of the NCA.

3.7  The provisions of the ECT Act, apply to transactions and communications that are executed electronically, e.g. online or via fax. It does not apply to paper-based transactions, e.g. where you apply for a service or product at a retail shop by completing an Application Form in writing.

3.8  You are in terms of section 44 of the ECT Act entitled to cancel without reason and without penalty an electronic transaction and related credit agreement that was concluded electronically for the supply of:

3.8.1  products, within 7 (seven) days after the date of receipt of the goods; and

3.8.2  services, within 7 (seven) days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act which include (without limitation), services that began with your consent before the end of the aforementioned 7 (seven) day period, goods which by their nature cannot be returned, or computer software which is unsealed by you.

3.9  An instalment agreement which falls within the ambit of the NCA, which was concluded at a location other than the registered business premises of Wireless Associate Service Provider, but not electronically, may be terminated by you within 5 (five) Business Days of the date of signature thereof by you, by:

3.9.1  delivering a notice to Wireless Associate Service Provider by hand or by registered mail; and

3.9.2  by tendering the return of any goods, or paying in full for any services, received by you in terms of the instalment agreement.

3.10  In the event that a credit agreement as contemplated in clause 3.9 was concluded electronically, the 7 (seven) day period under the ECT Act as set out in clause 3.8 above will apply.

3.11  This Agreement will continue indefinitely, and you will be bound thereby for as long as you use any service or product offered by Wireless Associate Service Provider. The Agreement will terminate simultaneously with the termination for any reason of all specific service  or product offerings, as provided for in the service and product specific terms and conditions.

  1. Conditions of access

4.1 Wireless Associate Service Provider will make the service available to you on the Activation Date.

4.2  Wireless Associate Service Provider will issue a user name and password to you prior to the Activation Date to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a user name and password.

4.3 You agree that:

4.3.1. you will use your user name and password for your own personal use only;

4.3.2.  you will not disclose your user name and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;

4.3.3. in the event that your password is compromised, you will immediately notify Wireless Associate Service Provider and change your password;

4.3.4.  you, in your capacity as the holder of the user name and password, are solely responsible for all payments in respect of a service charged to your Wireless Associate Service Provider account, irrespective of whether the service has been utilized or is being utilized by you or not;

4.3.5.  the entire amount outstanding on your Wireless Associate Service Provider account will be deemed to have arisen from (or relate to) your access to and/or use of a Wireless Associate Service Provider service;

4.3.6. you will not, at any time, permit and/or initiate a simultaneous network log-in; and

4.3.7.  you will not attempt to circumvent WASP's user authentication processes or engage in attempts to access WASP's network where not expressly authorized to do so.

4.4 You acknowledge that Wireless Associate Service Provider will provide you with an opportunity in respect of all electronic transactions to:

4.4.1  review the entire electronic transaction;

4.4.2  correct any mistakes; and

4.4.3  withdraw from the transaction, before finally placing the order.

  1. Service Delivery, Service Availability

5.1  Wireless Associate Service Provider will make all its services and products available to you in accordance with the provisions of its Code of Conduct and Service Charter, which is available on our Legal Notices Website, at WASP’s retail shops, and on request.

5.2  Services or products procured arising from electronic transactions as contemplated in clause 3.5 will be dispatched, delivered or rendered to you within 30 (thirty) days from the date on which we received your application, unless otherwise agreed to between us, failing which you will be entitled to cancel the agreement on 7 (seven) days written notice to us.

5.3  Where services or products are procured arising from an electronic transaction as contemplated in clause 3.5, Wireless Associate Service Provider will immediately notify you, should Wireless Associate Service Provider be unable to perform in terms of the applicable agreement where the services or products required by you are unavailable. Wireless Associate Service Provider will under such circumstances refund any payments to you within 30 (thirty) days of the aforementioned notification of unavailability.

5.4  Wireless Associate Service Provider will use reasonable endeavours to make its services available to its subscribers, and to maintain the availability thereof for use by its subscribers.

5.5  Wireless Associate Service Provider will use its best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service but cannot always guarantee this.

  1. Data Retention

6.1  We will use reasonable endeavours to ensure the safekeeping of any data or content which you may receive or upload to our servers from time to time, such as (without being limited to) photographs, websites, videos and e-mail messages (hereinafter collectively referred to as "your data"). However, it is your obligation to keep copies and back-ups of your data, as:

6.1.1  we will not be liable for any direct or indirect loss or damages of any kind, which you may suffer as a result of the loss of your data, or any part thereof, for any reason whatsoever (including as a result of our negligence); and

6.1.2  we will delete all your data from our servers upon termination of this Agreement and any other agreement between us.

  1. Communication, Complaints Handling and consent to Arbitration

 7.1  You agree that Wireless Associate Service Provider may from time to time send you communications regarding (without being limited to) special offers or discounts which Wireless Associate Service Provider may negotiate for and offer to its subscribers, operational changes that may affect the services and/or new services or products launched by Wireless Associate Service Provider from time to time.

7.2  Complaints must be submitted to Wireless Associate Service Provider and will be dealt with by Wireless Associate Service Provider in accordance with the provisions of this clause 7.

7.3  Any payment default by you arising from, or in connection with, any service or product rendered or provided by Wireless Associate Service Provider, will be excluded from the provisions of this clause, and Wireless Associate Service Provider may, in our sole discretion, proceed to institute legal action against.

7.4  You are required to afford us an opportunity to resolve a compliant before you approach the Authority or refer the matter to Arbitration as contemplated in clause 7.10 below.

7.5 You are required to direct a complaint to info@wasp-sa.co.za. Your complaint should include the following:

7.5.1  your name and surname;

7.5.2  your account number;

7.5.3  the date on which the complaint arose; and

7.5.4  a brief description of what gave rise to the complaint.

7.6 Wireless Associate Service Provider will acknowledge receipt of your complaint within 3 (three) working days of receipt thereof.

7.7  Wireless Associate Service Provider will formally resolve your complaint in writing within 14 (fourteen) working days of receipt thereof, or within such longer period as we may agree to under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third-party service provider.

7.8  You may approach the Authority or refer the matter to Arbitration as set out in clause 7.10 below, for resolution of the dispute, should you not be satisfied with the outcome of the dispute as determined by Wireless Associate Service Provider.

7.9    The dispute will be referred to the Complaints and Compliance Committee of the Authority in terms of section 17 (H) of the ICASA Act in the event that the dispute is not resolved by the Authority itself as contemplated in clause 7.8.

7.10  Subject to clauses 7.2 to 7.9 above, any dispute between the parties, shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Klerksdorp and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.

7.11  The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

7.12  These provisions shall not prevent either party from approaching the Magistrates or High Court to obtain timely interim or other relief in cases of urgency or breach of this clause.

  1. Payment

8.1 Billing will commence on the Activation Date.

8.2 You agree to pay all amounts due under this Agreement in consideration for a service or product, in accordance with the service or product specific terms under which that service is rendered or that product is offered. Amounts recorded in the service and product specific terms include transport costs and exclude VAT, unless otherwise indicated.

8.3  All amounts due and payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way of a direct debit order in favour of Wireless Associate Service Provider (drawn against a current banking account nominated by you), or in such other manner as Wireless Associate Service Provider may from time to time determine. You agree that:

8.3.1  by furnishing your bank details to us, you instruct and authorize Wireless Associate Service Provider to draw all amounts payable in terms of this agreement from the account specified (or any other bank or branch to which it may be transferred);

8.3.2  that the debit order will commence on the Activation Date and continue until termination of this Agreement and the service or product specific agreement under which a service is rendered or a product provided;

8.3.3   you will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause 8.3.

8.4  You are required to direct any complaint or dispute in connection with a payment to us in accordance with the provisions set out in clause 7 above. Wireless Associate Service Provider will reach a decision on the billing complaint and communicate it to you within fourteen (14) Business Days of receipt of the complaint.

8.5  Should you, fail to pay any amount on the due date for payment notwithstanding receipt of WASP’s decision referred to in clause 8.4, then Wireless Associate Service Provider may, without prejudice to any of its other rights:

8.5.1  take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms; and if the debt arises from an agreement which is a credit agreement, then in accordance with the collection and repayment practices as prescribed in the NCA;

8.5.2  charge interest at the rate of 2% above the prime overdraft rate published by WASP's bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both dates inclusive), which interest, if charged, will be capitalized monthly;

8.5.3  suspend your access to the service without notice to you until such time as the outstanding amount has been paid in full; or

8.5.4  terminate this agreement with immediate effect.

8.6  Subject to the terms and conditions of any agreement entered into between Wireless Associate Service Provider and a Network Operator, Wireless Associate Service Provider shall be entitled to amend the fees or charges for its services or products at any time on 30 (thirty) days’ notice to you as provided for in clause 20 below. Subject to the terms and conditions of any agreement entered into between Wireless Associate Service Provider and a Network Operator and subject to the relevant product or service specific terms and conditions which are applicable to the services and/or products provided to you by Wireless Associate Service Provider, you may terminate this agreement within 30 (thirty) days from the date of WASP's notification to you, should you not agree to the amendment, failing which the amendment will take effect on the date indicated in the notice.

8.7  Wireless Associate Service Provider will use reasonable endeavours to inform you well advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.

  1. Return, Exchange and Refunds

9.1  WASP's exchange, return and refund policies in respect of products, in particular hardware, provided to you under this Agreement are dealt with in the service and product specific terms and conditions.

9.2  WASP's policy in respect of exchanges, returns and refunds depends on the type of goods and the policy of the manufacturer or supplier thereof. Where the manufacturer or supplier does not have an exchange, return and refund policy in place, no mention of such policy will be made in the service and product specific terms and conditions.

9.3 Warranties, if any, will ordinarily be included in the hardware packaging.

9.4  WASP will consider requests for other refunds, for example where an account was debited with the wrong amount, on an ad hoc basis in accordance with the Billing Complaints Handling Procedure referred to in clause 8.

9.5  Wireless Associate Service Provider will endeavour to put alternative measures in place where goods or products received by you in terms of this Agreement are defective and are taken in for repairs, subject to the availability of substitute goods or products and/or the terms and conditions of the commercial arrangement between Wireless Associate Service Provider and the supplier or manufacturer of the goods or products.

  1. Security and Privacy

10.1  Wireless Associate Service Provider will take whatever action Wireless Associate Service Provider may deem necessary and reasonable to preserve the security and reliability of its network.

10.2  You may not utilize any service in any manner which may compromise the security of WASP’s network, or any other network connected to WASP’s network, or tamper with a service or such a network in any manner whatsoever.

10.3  Wireless Associate Service Provider takes reasonable steps to secure your payment information. Wireless Associate Service Provider uses a payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.

10.4  Wireless Associate Service Provider will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our Legal Notices Website.

  1. User Etiquette and Abusive Behaviour

11.1.  You hereby agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

11.1.1.  engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;

11.1.2.  take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the service;

11.1.3.  use any service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;

11.1.4.  use any service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";

11.1.5.  use any service in a manner that may infringe the Intellectual Property Rights or other proprietary rights of others, including (without being limited to) the transmission of pirated software;

11.1.6.  use any service in any manner which could damage, impair, overburden or disable the service or interfere with any other party's use or enjoyment of the service;

11.1.7.  use any service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

11.1.8.  repeatedly post gratuitous off the topic postings;

11.1.9.  gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent;

11.1.10.  violate the privacy of any person or attempt to gain unauthorized access to the service or any other network, including (without being limited to) through hacking, password mining or any other means;

11.1.11.  use the service to engage in any illegal or unlawful activity;

11.1.12.  use the service for any commercial purposes or to obtain a financial gain, including (without limitation) advertising products and/or services or the resale of any of WASP’s product or services;

11.1.13.  use the service in any manner that in WASP’s sole discretion constitutes abuse of the service or of WASP’s system; or

11.1.14.   be abusive towards WASP’s staff or use language that are defamatory, discriminatory, obscene, offensive, threatening, abusive, harmful, hateful or are of a religious or racial nature.

11.2.  Should you engage in any one or more of the above activities, which shall be determined in WASP’s sole discretion and which decision shall be final, then Wireless Associate Service Provider shall be entitled, without prejudice to any other rights it may have, to:

11.2.1.  without notice, suspend your access to the service concerned;

11.2.2.  terminate all agreements with you with immediate effect;

11.2.3.  bill you for any costs incurred by Wireless Associate Service Provider as a result of the offending activity, including (without being limited to) bandwidth used, administration costs, downtime, usage of WASP’s name or registered domain names and CPU cycles; and

11.2.4.  disclose information relating to the offending activity as may be required under the circumstances.

 

  1. Interception of Communications

12.1   You acknowledge that Wireless Associate Service Provider and/or a third-party Network Operator (as the case may be) may under the circumstances as prescribed in RICA, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via WASP’s or the Network Operator’s network and you hereby consent to the undertaking of such activities by Wireless Associate Service Provider and/or a third-party Network Operator. Wireless Associate Service Provider and/or a third-party Network Operator shall not be liable to you for any losses, liabilities, damages and claims and for any related costs and expenses suffered by you as a result of Wireless Associate Service Provider and/or a third-party Network Operator performing any activity referred to in this clause.

  1. Intellectual Property Rights

13.1  You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.

13.2  You are prohibited from using any of WASP’s Marks without the prior written approval of Wireless Associate Service Provider.

 13.3  Other than as specifically provided in the product or service specific terms and conditions, Wireless Associate Service Provider will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by Wireless Associate Service Provider, its network infrastructure, e- commerce network infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions.

  1. Breach

14.1  Should you be in breach of any provision of this Agreement, other than the provisions of clause 11 above, or any provision of the service and product specific terms and conditions, then Wireless Associate Service Provider shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:

14.2  afford you a reasonable opportunity to remedy the breach;

14.3  suspend your access to a service (but in the case of a billing dispute only once the outcome of the investigation was conveyed to you as provided for in clause 8.4;

14.4 cancel all agreements concluded between us; or

14.5  claim immediate performance and/or payment of all your obligations in terms hereof.

  1. Indemnity

15.1  You hereby unconditionally and irrevocably indemnify Wireless Associate Service Provider and agree to hold Wireless Associate Service Provider harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by Wireless Associate Service Provider or instituted against Wireless Associate Service Provider as a result of (without limitation):

15.1.1  your negligent use of the service;

15.1.2  your failure to comply with these General Terms and Conditions and a provision of any Agreements concluded between us;

15.1.3  any unavailability of, or interruption in the service, as contemplated in clause 5 above.

  1. Limitation of liability

To the extent permitted by applicable law, Wireless Associate Service Provider shall not be liable to you for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a  competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that Wireless Associate Service Provider is liable to you for any damages, WASP’s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product as contemplated in clause 8.2 during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.

  1. Certificate of Indebtedness

17.1  The amount due and payable by you to Wireless Associate Service Provider in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of WASP’s directors, whose appointment, qualification and authority need not be proved.

17.2  Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you, unless you have reason to direct a dispute in connection with a payment to us in accordance with the Billing Complaints Handling Procedure as contemplated in clause 8.

  1. Cession and Delegation

You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of Wireless Associate Service Provider. Wireless Associate Service Provider shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you. “Affiliates” for this purpose includes WASP’s holding company, the holding company or companies of WASP’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by Wireless Associate Service Provider or are under common control with Wireless Associate Service Provider.

  1. Jurisdiction

Notwithstanding clause 7.10 above, you hereby consent to the jurisdiction of the Magistrate's Court in the Republic of South Africa in respect of any proceedings that may be initiated by Wireless Associate Service Provider arising out of this Agreement, provided that Wireless Associate Service Provider shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 7.10 above.

  1. Amendment of this agreement

 Wireless Associate Service Provider reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made.

 

 

  1. General

21.1  The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both parties.

21.2  Wireless Associate Service Provider is in terms of section 43 of the ECT Act required to make its contact details, its domicilium citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with Wireless Associate Service Provider. This information is available on our website: www.wasp-sa.co.za

21.3 You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail.

21.4 No indulgence, leniency or extension of time which MWEB may grant or show to you shall in any way prejudice Wireless Associate Service Provider or preclude Wireless Associate Service Provider from exercising any of its rights in the future.

21.5 You warrant that as at the date of signature of the application form, all the details furnished by you to Wireless Associate Service Provider are true and correct and that you will notify Wireless Associate Service Provider in the event of any change to such details.

21.6 All our terms and conditions can be accessed, stored, and reproduced electronically.

21.7  The physical address where Wireless Associate Service Provider will receive legal service of documents/ domicilium citandi et executandi is the following:

 

32 Buiten Street

Schweizer Reneke

North West

2780