SECTION 1: PARTIES, DEFINITIONS, AND NATURE OF SERVICE.
1.1 THE PARTIES This Agreement is entered into between Xpedite Technologies (Pty) Ltd (hereinafter referred to as "Xpedite Technologies"), and the Client as identified on the Subscription Form (hereinafter referred to as the "Subscriber" or "Client"). This contract governs the provision of products and services as requested for the agreed term.1.2 SERVICE SPECIFICATIONS 1.2.1 All internet packages provided by Xpedite Technologies are Uncapped, Unshaped, and Unthrottled unless specifically stated otherwise in writing on the Subscription Form. 1.2.2 All services and connections are subject to the Xpedite Technologies Fair Usage Policy (FUP), which can be accessed at www.xpeditetech.co.za. 1.2.3 Best Effort Service: The Subscriber acknowledges that internet connections are provided on a "Best Effort" basis. Xpedite Technologies does not guarantee specific speeds, pings, or jitter at all times, as performance may be influenced by external factors including, but not limited to, third-party fiber backhaul, wireless frequency interference, signal obstructions, and environmental conditions.1.3 PERFORMANCE MEASUREMENT STANDARDS 1.3.1 Xpedite Technologies strictly measures network latency (pings) using the international DNS IPs of 8.8.8.8, 8.8.4.4, and 1.1.1.1. 1.3.2A connection is considered within acceptable industry standards if the ping does not exceed 150ms when tested directly from the antenna or ONT. 1.3.3 Xpedite Technologies cannot be held liable for high pings or jitter to specific gaming or external servers, as these are beyond the ISP's direct network control. 1.3.4 Wireless broadband packages are not recommended for VOIP (Voice over IP) Services; Xpedite Technologies cannot guarantee the quality or stability of VOIP traffic over wireless connections.
SECTION 2: CONTRACT TERM AND TERMINATION
2.1 CONTRACT COMMENCEMENT AND DURATION 2.1.1 This Agreement shall commence on the date on which Xpedite Technologies activates the service. Activation of the service is at the sole discretion of Xpedite Technologies, pending technical requirements and signal availability. 2.1.2 The contract shall endure for the fixed period stipulated on the Subscription Form (the "Initial Period"). 2.1.3 Upon the expiry of the Initial Period, this Agreement shall automatically continue indefinitely on a month-to-month basis until terminated by either party. 2.2 TERMINATION BY NOTICE 2.2.1 Either party may terminate this Agreement by providing one full calendar month's written notice of termination. 2.2.2 All termination notices must be submitted in writing and emailed to invoicing@xpeditetech.co.za. 2.2.3 Such notice of termination shall be effective from the first day of the calendar month following the month in which the notice was received. For example: If notice is received on the 15th of January, the notice period runs for the full month of February, and the agreed Initial Period. 2.2.3 Any requests for amendments to the existing contract terms must be submitted in writing to Xpedite Technologies at least 21 business days before the requested effective date. 2.3 DOWNGRADES 2.3.1 The Agreement and the chosen service package cannot be downgraded or reduced in value within the agreed Initial Period. 2.3.2 Any requests for amendments to the existing contract terms must be submitted in writing to Xpedite Technologies at least 21 business days before the requested effective date. 2.4 EARLY TERMINATION AND BREACH PENALTIES 2.4.1 If the service or Agreement is terminated for any reason before the expiry of the Initial Period, the Subscriber agrees to be liable for and pay the full sum of the monthly subscription or access charges for the remainder of the Initial Period. 2.4.2 In the event of early termination, the Subscriber shall be liable for the full standard installation fee of R2,650.00 to redeem installation and administrative expenses. 2.4.3 Upon termination, all Xpedite Technologies-owned equipment must be returned immediately. Installation fees previously paid are non-refundable. 2.5 Xpedite Technologies RIGHT TO CANCEL 2.5.1 Xpedite Technologies retains the right to cancel any service rendered at any time, subject to providing the Subscriber with one full calendar month's notice. 2.5.2 Xpedite Technologies may terminate the service immediately and without notice if the Subscriber is found to be in material breach of any terms contained herein.
SECTION 3: INSTALLATION, EQUIPMENT, AND RISK.
3.1 INSTALLATION TIMELINES 3.1.1 Standard installation typically occurs within 5 to 7 business days from the date that full payment has cleared in the Xpedite Technologies bank account and all mandatory documents have been submitted. 3.1.2 Extended Timelines: The Subscriber acknowledges that installations in rural areas, farms, or low-signal zones may take longer to secure a stable and high quality signal. 3.1.3 Xpedite Technologies reserves the right to extend installation periods due to high volumes, technical complexities, or adverse weather conditions.3.2 OWNERSHIP OF EQUIPMENT 3.2.1 All equipment provided by Xpedite Technologies (including but not limited to antennas, routers, and cabling) remains the sole and exclusive property of Xpedite Technologies (PTY) Ltd at all times. 3.2.2 The Subscriber shall have no right to retain the equipment after the termination of this Agreement, regardless of the reason for termination. 3.2.3 Access Control: Xpedite Technologies retains the right to withhold or restrict access to equipment passwords and administrative interfaces to protect the integrity of the Xpedite Technologies network or where accounts are overdue.3.3 RISK AND RESPONSIBILITY 3.3.1 From the date of installation or delivery, the Subscriber bears all risk of loss, theft, damage, or destruction of the equipment. 3.3.2 If any equipment is lost, stolen, or damaged (including damage caused by lightning, power surges, or electrical fluctuations) or general wear and tear, the Subscriber remains liable for the full value of said items in the event of theft, loss, or destruction.3.3.3 If Xpedite Technologies should loan any product to the Subscriber or provide products bundled with a service on a monthly rental basis, the Subscriber remains liable for the full value of said items in the event of theft, loss, or destruction.3.4 DAMAGE EXCLUSIONS AND SURGE PROTECTION 3.4.1 Xpedite Technologies is not liable for loss or damage caused by "Acts of God" or extreme environmental conditions. 3.4.2 Requirement: It is strongly recommended that the Subscriber installs their own high-quality surge protectors as needed to safeguard the equipment.
SECTION 4: CHARGES, PAYMENTS, AND INVOICING.
4.1 FEES AND PRICE ADJUSTMENTS 4.1.1 The Subscriber agrees to pay the charges as stated on the Subscription Form, along with any additional fees incurred, including but not limited to equipment costs, call-out fees, and labor charges. 4.1.2 Xpedite Technologies retains the right to increase any fees as it may deem necessary in its sole discretion at any time during the contract term. This does not apply if a specific fixed-term and fixed-pricing contract has been entered into between the parties. 4.1.3 All charges include VAT unless specifically stated to the contrary.4.2 PAYMENT TERMS AND DEBIT ORDERS 4.2.1 Xpedite Technologies service fees are payable in advance and must be paid by Debit Order. Debit order payments may be processed on or before the account expiry date. 4.2.2 Standard payment is via Debit Order. By signing the mandate, the Subscriber authorizes Xpedite Technologies to process Debit order payments. Debit order payments are processed up to 10 (ten) business days before the account expiry date to allow sufficient time to resolve any banking difficulties which may arise. 4.2.3 Early Processing: Debit order payments may be processed up to 10 (ten) business days before the account expiry date to allow sufficient time to resolve any banking difficulties, PENALTIES, AND TAMPERING 4.3.1 Failed Payments: Any failed debit order, rejected payment, or account requiring reconnection will incur a R100.00 Re-connection/Admin Fee. 4.3.2 Stopped Debit Orders: Should a Subscriber unilaterally stop a debit order, or should a mandate need to be resubmitted/re-processed due to the Subscriber's intervention, a fee of R350.00 will be charged to the Subscriber's account. This covers the administrative cost of investigating the failure and establishing a new mandate.4.3.3 EFT Conversion: After three (three) failed debit orders, the Subscriber will automatically be converted to an EFT payment method, and a monthly Penalty Fee of R50.00 will be added to the premium thereafter. A new EFT agreement must be signed in such instances.4.4 SUSPENSIONS AND LIABILITY 4.4.1 Xpedite Technologies reserves the right to withhold or suspend access for overdue accounts (including unpaid invoices for hardware, job cards, or labor). 4.4.2 During any period of suspension, the Subscriber remains fully liable for all monthly subscription fees until the conditions of termination are fulfilled. 4.4.3 Reconnection following payment of an overdue account can take up to 24 hours.4.5 INVOICING AND LEGAL ADDRESS (DOMICILIUM) 4.5.1 Monthly invoices shall serve as prima facie (sufficient) proof of the amounts owed by the Subscriber and the facts stated therein. 4.4.2 The Subscriber is responsible for advising Xpedite Technologies in writing of any change in their billing address. 4.4.3 The addresses provided on the Subscription Form shall be the chosen domicilium citandi et executandi (official address for the service of legal notices) for all purposes under this Agreement.
SECTION 5: WARRANTY, SUPPORT, AND TECHNICAL STANDARDS
5.1 PRODUCT AND SERVICE WARRANTY 5.1.1 All products and services supplied are warranted against defective workmanship and components in accordance with industry norms. 5.1.2 The terms of this warranty are strictly subject to the manufacturer's and/or supplier's terms regarding duration, returns, handling procedures, and any associated charges. 5.1.3 Where manufacturer warranty terms do not accompany the product packaging, Xpedite Technologies will provide them upon written request. These manufacturer terms shall prevail over all other warranties or guarantees.5.2 TECHNICAL SUPPORT AND MAINTENANCE 5.2.1 Xpedite Technologies undertakes to provide services professionally and diligently. Requests for on-site maintenance or support will be responded to as soon as possible, subject to Xpedite Technologies's standard terms and availability.5.2.2 Technician Bookings: Standard lead times for technician call-outs are up to 5 business days. This period may be extended due to high volumes or adverse environmental conditions. 5.2.3 Additional Services: Any support or maintenance requested that falls outside the original Subscriber Form (e.g., internal network troubleshooting, additional cabling, or job cards) will be subject to standard call-out fees, labor rates, and equipment charges.5.2.4 WiFi Maintenance: Any requests for WiFi password changes (whether performed remotely or on-site) are subject to a fee of R150.00 per change. Additional labor charges apply if an on-site visit is required.5.3 PERFORMANCE LIMITATIONS AND DISCLAIMERS 5.3.1 VoIP Services: Wireless broadband packages are not recommended for Voice over IP (VoIP) services; Xpedite Technologies cannot be held liable for poor call quality, latency, or jitter on VoIP traffic. 5.3.2 Usage History: Xpedite Technologies does not keep or provide any history of specific data used or websites visited by the Subscriber. 5.3.3 Infrastructure Dependency: Xpedite Technologies is dependent on third-party Fibre and Wireless Tower infrastructure and cannot be held liable for outages or service degradations occurring within these external networks.
SECTION 6: LIABILITY, FORCE MAJEURE, AND POPIA
6.1 LIMITATION OF LIABILITY 6.1.1 Xpedite Technologies shall not be liable to the Subscriber, nor to any associated party, for any damages of any nature whatsoever, including but not limited to direct, indirect, incidental, or consequential damages, damages for liability applies to loss of profits, business interruption, data loss, or any other financial loss arising from service interruptions, equipment failure, or any act or omission by Xpedite Technologies, its employees, or contractors. 6.1.3 The Subscriber acknowledges that Xpedite Technologies is dependent on third-party infrastructure (such as national fiber backbones and external wireless towers) and cannot be held liable for any delay or failure to perform its obligations if such delay or failure is caused by an event beyond its reasonable control. 6.2 FORCE MAJEURE/EVENTS BEYOND CONTROL 6.2.1 Xpedite Technologies shall not be held liable for any delay or failure to perform its obligations if such delay or failure is caused by an event beyond its reasonable control. 6.2.2 Weather and Safety: For the safety of our staff and the integrity of the equipment, technicians will not be deployed to sites during lightning, heavy storms, high winds, or other hazardous weather conditions. All installation and repair timelines will be extended accordingly. 6.2.3 Infrastructure and State Actions: Other force majeure events include, but are not limited to, national fiber breaks, frequency interference, statemandated load shedding, civil unrest, or changes in government regulations.6.3 PROTECTION OF PERSONAL INFORMATION (POPIA) 6.3.1 The Subscriber acknowledges and consents to Xpedite Technologies processing their personal information as defined in the Protection of Personal Information Act (No. 4 of 2013). 6.3.2 Such information will be processed strictly for the purposes of service delivery, credit vetting, account management, debt collection, and legal compliance. 6.3.3 Xpedite Technologies undertakes to take all reasonable measures to secure the integrity and confidentiality of the Subscriber's personal information.6.4 BREACH OF CONTRACT 6.4.1 Should either party (the "Defaulting Party") commit a breach of any provision of this Agreement, the other party (the "Aggrieved Party") shall be entitled to remedy the breach. 6.4.2 If the Defaulting Party fails to comply with such notice, the Aggrieved Party shall be entitled to cancel this Agreement and/or claim immediate payment of all outstanding obligations, without prejudice to the right to claim damages. 6.4.3 Notwithstanding the above, the Aggrieved Party shall only be entitled to cancel this Agreement for a breach that is material and goes to the root of the Agreement.
SECTION 7: TRANSFERS, RESELLING, AND LEGAL PROVISIONS
7.1 MIGRATION AND RELOCATION POLICY 7.1.1 Should the Subscriber decide to change or decide to move their residence, they must notify Xpedite Technologies in writing at least 14 (fourteen) days in advance of the requested move date. 7.1.2 Xpedite Technologies is only liable for its own cost if it is proven that the initial installation was defective due to poor workmanship. 7.1.3 In all other instances, the Subscriber is liable for all relocation costs, including labor and any additional hardware required to establish a signal at the new premises. 7.1.4 The Subscriber remains liable for all hardware and service costs during the move. Moving residence does not terminate the Initial Period of the contract; the Subscriber remains bound by the monthly commitment at the new premises, subject to signal availability.7.2 PROMOTIONAL ELIGIBILITY 7.2.1 Any promotional pricing or "first month free" offers are valid for new customers only and cannot be used in conjunction with any other discounts or offers. 7.2.2 If a contract is terminated before the expiry of the Initial Period, Xpedite Technologies reserves the right to claw back and charge the Subscriber for the full value of any promotional discounts received during the term.7.3 RESELLING AND REDISTRIBUTION PROHIBITED 7.3.1 No Subscriber (whether on a residential or business contract) may resell, redistribute, or otherwise provide Xpedite Technologies services to any third party without a formal, signed Reseller Agreement. 7.3.2 This restriction applies to all forms of distribution, including but not limited to selling access, sharing WiFi with neighboring properties, or operating as a sub-ISP. 7.3.3 Any breach of this clause will be treated as a material breach, resulting in immediate termination of service and potential legal action for damages.7.4 SURETYSHIP AND CORPORATE AUTHORITY 7.4.1 If the Subscriber is a corporate entity or trust, the individual signing this Agreement warrants that they are duly authorized to enter into this contract and sign the debit mandate on behalf of the entity. 7.4.2 By their signature, the signatory hereby binds themselves as surety and co-principal debtor in favor of Xpedite Technologies for the due and punctual fulfillment of all the Subscriber's obligations, including the payment of all charges and liquidated damages.7.5 JURISDICTION AND GOVERNING LAW 7.5.1 This Agreement and all matters arising from it shall be governed by and construed in accordance with the laws of the Republic of South Africa. 7.5.2 The parties submit to the jurisdiction of either the Magistrates' Court or the High Court. The forum may be chosen by the party instituting action, in its sole discretion.7.6 ENTIRE AGREEMENT AND ELECTRONIC EVIDENCE 7.6.1 This document, together with the signed Subscriber Form, constitutes the entire agreement between the parties. No amendment or variation shall be valid unless reduced to writing and signed by both parties. 7.6.2 The parties agree that an electronically scanned and stored version of this document shall constitute sufficient and admissible evidence of its content and the signatures of the parties. 7.6.3 By signing the Subscriber Form, the Subscriber confirms that they have read, understood, and voluntarily agreed to be bound by these terms and conditions.
