STANDARD TERMS AND CONDITIONS FOR CONNECTIVITY

THE SERVICE

1.

TRUSC will establish a communication link between the CLIENT premises equipment and the TRUSC network, allowing connection to other network providers. This connection is usable per the Package selected by the CLIENT and the CLIENT can access the TRUSC network under the technical conditions pertaining to the Package selected.

2.

TRUSC gives no express or implied warranties or guarantees whatsoever with regard to its services other than as set out in this Agreement.

3.

The use of the service, information and other services on the TRUSC network is solely at the client’s own risk. TRUSC assumes no responsibility and makes no representations with regard to the quality or reliability of data accessed or the inability to access data via TRUSC networks.

4.

TRUSC reserves the right to alter at any time the technical parameters of the packages. TRUSC will use its best endeavors to notify the CLIENT in advance of any such changes.

5.

Virus detection and spam filtering are standard features across all Packages while a firewall is implemented for each connection to assist with the security of CLIENT PC’s.

5.1.

The services listed in this clause are BEST-EFFORT services and TRUSC cannot and does not warrant or guarantee that they will be 100% effective or fit for the purpose of the USER.

5.2.

The service is a broadband service and as such it is subject to contention ratios. This means that the connection speed outside of the Trusc network is shared between users and users should not expect to achieve their chosen speed at all times. Contention ratios vary dynamically from based on the amount of current sessions, however the ratio will never exceed 20:1.

TRAFFIC SHAPING

6.

To ensure priority of certain types of traffic TRUSC, at its own discretion, shapes traffic passing through its network. All traffic is shaped in the following priority (from highest to lowest): VOIP, HTTPS, HTTP, POP3, FTP, SMTP, OTHER.

7.

Subject to traffic shaping and unless otherwise specified, there is a per month soft cap imposed on all accounts. After the cap is reached, download speed will be reduced to 8Kb/s for the remainder of the month unless additional bandwidth is purchased. Clients have the option to purchase additional bandwidth as required.

8.

All connection speeds are guaranteed throughout the TRUSC network only. Connections to third party networks have no warranty as to connection speed or accessibility. A speed test (less IP overhead) is accessible on http://speedtest.trusc.net and will be the only accepted means of measuring the connection speed.

VOIP SERVICES

9.

In order to utilise the TRUSC VOIP services CLIENTS are required to purchase any of the available packages. The VOIP services will be available 24 hours a day.

10.

The CLIENT must supply or purchase all equipment, such as phones and PABX systems.

11.

One South African VOIP number is allocated per phone or PABX system.

12.

Calls are charged at rates posted on the TRUSC Website and will vary from time to time as termination costs fluctuate. Fluctuations in termination costs are beyond TRUSC’S control and rate variations will therefore be effective from the date on which they are implemented by the network to which the termination charge is payable. Incoming and outgoing calls from alternate network providers lines installed at the CLIENT premises are not subject to any conditions or fees herein and are charged by the respective network provider.

13.

A deposit will be charged where a CLIENT chooses to make use of the TRUSC VOIP service for outbound calls. Once the deposit amount for the phone calls is exceeded TRUSC may at it’s discretion bar originating calls from the clients telephony device via VOIP.

14.

The TRUSC VOIP Services are a Best Effort service and are subject to factors beyond TRUSC’S control which may affect quality and availability. In general call quality is similar to that of a GSM cellphone.

15.

The CLIENT is requested to note that VOIP phones, ATA adaptors and PABX systems are dependant on mains electricity supply.

ACCEPTABLE USE

16.

The use of the TRUSC network or service by the CLIENT for the transmission or storage of material that violates any current law and/or any associated regulations or that may be considered as unlawfully prejudicial to third parties, is prohibited.

17.

The CLIENT irrevocably accepts all consequences of their own activities over the TRUSC network and through use of the services. The CLIENT indemnifies and holds harmless TRUSC, its officers, employees, subsidiaries, affiliates & contractors against all liabilities, claims, costs and expenses of whatsoever nature arising directly or indirectly from these activities and the use of the Service in general.

18.

The CLIENT irrevocably agrees that it is solely responsible for security and the maintenance of the security of any user details, including access codes and passwords. The CLIENT further irrevocably agrees that it is solely responsible for the use of the service by any third party that accesses the service through the CLIENT’S subscription.

19.

Access to other networks and services via the TRUSC network must conform to the standard norms and regulations governing access to these services, e.g. Newsgroups.

20.

A CLIENT may only provide TRUSC services to third parties with the express written permission of TRUSC.

21.

TRUSC reserves the right to introduce, at any time, internal regulations that may result in changes in the acceptable use of the TRUSC network. All these regulations will be available on the TRUSC web site: http://www.trusc.net and will be deemed to be binding on clients seven (7) days after publication on the web page.

INSTALLATION

22.

An Installation Fee is charged to cover labour and non-recoverable items installed at the CLIENT’S premises.

23.

TRUSC’S responsibilities as regards installation are to supply one network point to connect to the CLIENT’S equipment. Switches and other equipment must be purchased by the CLIENT or exist at the CLIENT’S premises.

24.

It is the CLIENT’S responsibility to ensure that the equipment is connected to the mains supply at all times.

CUSTOMER PREMISES EQUIPMENT (CPE)

25.

All CPE equipment installed by TRUSC at a CLIENT premises remains at all times the property of TRUSC.

26.

The CLIENT agrees to observe all normal and reasonable precautions when using electronic equipment such as, but not limited to disconnecting the power supply during a lightning storm.

27.

TRUSC will assume responsibility, at its own cost for such maintenance and repair necessary to keep the equipment in sound working order. Exclusions are theft of equipment, actions of non authorized third parties, power surges, static discharge, lightning and Acts of God. Reasonable access will need to be provided by the CLIENT to TRUSC personnel for repairs.

28.

TRUSC can supply insurance at a monthly cost of R21.00 per month and with an excess fee of R1000.00 (one thousand rand) payable in the event that damage or loss is caused by theft or malicious damage. All other claims are not subject to an excess fee. TRUSC reserves the right to cancel any insurance policy taken out if it has reasonable evidence, in its sole discretion, that the policy is being abused or neglected.

29.

TRUSC is the only entity authorized to provide any technical maintenance on the equipment installed at the CLIENT premises. Modification or re-configuration by any other entity, without the written consent of TRUSC, is strictly prohibited and TRUSC reserves it right to proceed for recovery of damages where there is unauthorised modification or re-configuration.

30.

TRUSC CPE may be removed or relocated only by a TRUSC technician. A relocation fee is applicable.

31.

TRUSC strictly reserves its rights in respect of any intellectual property rights inhering in client premises equipment.

32.

The CLIENT agrees and acknowledges that events beyond the control of TRUSC may affect services levels and the ability of TRUSC to provide service.

VARIABLE SERVICES

33.

Variable services are additional services or hardware requested by the CLIENT in writing in order to extend or modify the service such as, but not limited to:

33.1.

Installation of switches and network points for additional computer access.

33.2.

Repairs to the CPE not covered by section 27 and 28.

33.3.

Removal of malicious software such as viruses and adware.

33.4.

Repairs to computer equipment as request by the CLIENT for which TRUSC has supplied an official quotation and the CLIENT has accepted in writing.

33.5.

Callouts to the CLIENTS premises for unnecessary repair such as power switched off to the CPE. Such callouts will be billed at TRUSC travelling and labour rates at time of occurrence.

INTERRUPTION OF SERVICE

34.

TRUSC undertakes to inform the CLIENT in advance of any scheduled maintenance that may interrupt the service. Notification will be done by e-mail to the local client technical contact.

35.

TRUSC will use its best endeavors to contact the technical contact person of all subscribers after detection of an unplanned or emergency interruption in service during business hours. Contact will be via Email, unless said interruption affects transmission of internal e-mail. Telephonic notifications will only be made to client technical personnel within the borders of South Africa.

36.

TRUSC will undertake all reasonable measures to facilitate minimum downtime of the service provided to the CLIENT, and maintain a competent support staff to service the CLIENT.

37.

It is the responsibility of the CLIENT to notify TRUSC in the event of the client being unable to connect to the service.

TERM OF AGREEMENT AND TERMINATION

38.

Subject to the below, the service will continue for a period of 12 months (the initial period) from the installation date.

39.

After the expiry of the initial period the service will automatically renew on a month-to-month-basis subject to the right of either party to terminate this agreement on the giving of two (2) calendar month’s notice in writing to the other party.

40.

Unless it is a valid early cancellation in terms of clause 41 or 42 of this Agreement, any cancellation from the CLIENT will entitle TRUSC to recover, at its discretion, an amount equal to 50% of the remaining contract value.

41.

TRUSC shall be entitled, without prejudice to any of its legal rights, to suspend CLIENT’S access to the services and/or cancel this agreement in the event that CLIENT is in breach of any provision in this agreement, and has failed to rectify such breach after seven days written notice to do so. Should TRUSC institute action against CLIENT as a result of a breach of this agreement then TRUSC will be entitled to recover legal costs on an attorney and own client basis.

EARLY CABCELLATION

42.

The CLIENT shall be entitled throughout the duration of this agreement to terminate should TRUSC fail to deliver any service stipulated in this agreement, provided the CLIENT has advised TRUSC in writing and provided TRUSC a seven day period in which to remedy such service.

43.

In the event that the CLIENT wishes to discontinue the Service within the first 14 days after the commencement date then the CLIENT may cancel this Agreement by written notice to TRUSC, to be received on or before the expiry of the 14 day period, subject to the following terms and conditions:

43.1.

TRUSC will be entitled to retain or demand payment of the Service Fee in respect of the first month after the commencement date together with R500.00 of the installation fee paid by the CLIENT.

43.2.

TRUSC will retain monies received in terms of the above clause until such time as all TRUSC CPE has been recovered and, if necessary, repaired or replaced, whereafter the remaining balance will be refunded to the CLIENT.

PAYMENT

44.

All prices are inclusive of VAT.

45.

Billing in respect of the monthly service is performed monthly in advance and payment is required by means of a transfer, cash payment or an authorized direct debit against the CLIENT’S designated bank account no later than the due date.

46.

Billing in respect of variable services as per section 33 is performed weekly on a Friday and payment is required by means of a transfer, cash payment or an authorized direct debit against the CLIENT’S designated bank account the Saturday after date of invoice.

47.

All payments will only be processed during normal business working hours.

48.

Proof of transfer is required to be faxed or emailed to TRUSC clearly detailing the account the payment is to be allocated against.

49.

Payment is to be made without any deduction or set-off.

50.

TRUSC shall be entitled to charge a R50.00 (fifty rands) administration fee in the event that the CLIENT bank rejects the debit order.

51.

Where payment for amounts due to TRUSC is not received on the due date, TRUSC reserves the right to suspend the service.

52.

TRUSC shall be entitled to charge a R50.00 (fifty rands) reconnection fee to restore suspension in addition to any debit order rejection fees.

53.

Where payment for amounts due to TRUSC is not received with ten working days of the due date, TRUSC reserves the right to terminate the contract and recover the installed equipment.

54.

Where the service has been suspended or terminated in terms of clause 48 then all other contractual obligations in this document remain in place until terminated by TRUSC.

INDEMNITIES AND DISCLAIMERS

55.

Notwithstanding any other provision of this Agreement, TRUSC will not be liable to the CLIENT or any other person/entity as regards any loss or damage caused by or arising from the interruption and/or unavailability of the service howsoever arising.

56.

Notwithstanding any other provision of this Agreement, the CLIENT and/or any other person/entity will not have any claim against TRUSC howsoever arising for direct damages, indirect damages, loss of profits and incidental, special or consequential damages and the CLIENT hereby indemnifies and holds harmless TRUSC, its officers, employees, subsidiaries, affiliates and contractors in respect of such damage or loss.

GENERAL PROVISIONS

57.

This document constitutes the sole record of the agreement between the parties.

57.1.

Other than as set out in this Agreement, no party shall be bound by any representation, warranty, promise or the like not recorded herein.

57.2.

Other than as set out in this Agreement, no addition to, variation, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.

57.3.

No extension of time or indulgence, which either party may grant to the other, shall constitute a waiver of any of the rights of the grantor.

58.

The CLIENT chooses domicilium citandi et executandi for the purpose of giving any notice, paying any sum, serving any process or for any other purpose arising from this agreement at the address provided to TRUSC when subscribing to this service and agrees that any notice sent in terms of this agreement may be sent via email.

59.

The CLIENT accepts the jurisdiction of the Magistrate’s Court in respect of any action or legal proceedings that may arise directly or indirectly out of this agreement provided that TRUSC may be entitled at its sole discretion to institute proceedings in the High Court and in such event the CLIENT consents to the jurisdiction of such court.

60.

Communication that is received by either party by means of email, fax or a service request on the TRUSC incident tracking system with a request number is for the purpose of this agreement deemed to have been received in writing.