Terms and Conditions

General Terms and Conditions

1. This agreement sets out the rights and obligations of ourselves, Modem Computer Services CK91/026364/23, and you, the Client identified on the attached order form regarding the provision of our goods and services to you.
2. The agreement consists of:
   1. these general terms and conditions,
   2. the acceptable use policy published on our website at itnt.co.za
   3. the order form attached to these general terms and conditions;
   4. the applicable product specific terms published on our website at itnt.co.za.
3. ITNT’s undertaking to provide the goods and services
   1. The services, as well as the charges are listed in the order form.
   2. ITNT undertakes to exert reasonable efforts to provide the services in accordance with the technical specifications agreed, and as further as set out in any applicable product specific terms.
   3. As far as permitted under law, ITNT does not agree to any warranty or implied term not specifically set out in this agreement.
   4. ITNT cannot guarantee that the services will be available without interruption or interference, or that it will free from errors, or that your use of the services will achieve any specific outcome or benefit anticipated by you.
   5. ITNT can also not be held liable for any delay or interruption in the services caused by third parties, by an or event or series of events which we could not have reasonably foreseen or prevented.
   6. ITNT’s services are dynamic, and we may make changes thereto in order to keep up with changes in available technology, effect improvements, or other reasons. This means that some services may be discontinued or amended. ITNT may then terminate the availability of a specific service after expiry of the contract period of this agreement.
4. Right to on-sell
   1. You are permitted to on-sell the services to a third party (“the End-User”), provided that:
   2. You had notified ITNT of that fact, in advance of agreeing to purchase the services, and included in your notice the details of the End-User as well as the detail of the services that you intend providing to them;
   3. The End-User is not an existing customer of ITNT;
   4. Your contract with the End-User is on substantially the same terms and conditions as ITNT’s agreement with you;
   5. That you do make any undertakings binding ITNT in any way;
   6. That you do not purport to represent ITNT in any way, or purport to act as ITNT’s agent, or represent yourself has having the authority to act on behalf of ITNT or make any agreement binding ITNT;
   7. You do not make any claims damaging the reputation of ITNT;
   8. You do not cause ITNT to breach any rights of any third party;
   9. You indemnify ITNT for any claims brought by an End-User, or any third party, arising from your breach of this agreement or your agreement with the End-User.
5. Termination and step in rights
   1. If ITNT determines, on reason able grounds, that you have breached your agreement with the End-User, or of the End-User alleges any breach, whether material or not, ITNT will have the right to step in and provide the services to the End-User on your behalf.
   2. ITNT’s exercise of its rights under clause 5.1 does not limit your liability to ITNT under this agreement, nor does it allow you any claim of whatever nature against ITNT. Specifically, you will be liable to pay ITNT as agreed.
   3. In the event that ITNT incurs any costs in relation to the exercise of its rights under clause 5.1, that are not included in the fees, ITNT shall be entitled to recover those costs from you.
   4. You will have no claim against ITNT for damages incurred through its exercise of any of its rights under this agreement, including the right to terminate, in relation to your agreement with the End-User.
6. Commencement, duration and cancellation.
   1. This agreement will commence on the date that both parties have signed the order form and will continue for at least the duration set out therein (the contract period). It will end no sooner than the last calendar day of the last month of the contract period, unless terminated earlier in accordance with this agreement.
   2. If you are an individual, and not a juristic person, and you enter into a 12-month agreement, the following will apply:
   3. you are entitled to terminate a 12-month agreement on 90 days written notice, at any time. Should the agreement then terminate before the expiry of the initially agreed period, ITNT will be permitted to impose certain charges, in addition to the charges for the supply of the services actually provided. If you benefitted from a discounted rate, ITNT can charge you for the difference between the full rate and the discounted rate. ITNT will also be entitled to recover the balance of the charge for any hardware provided to you. If we incur any additional costs, we will also be able to charge you for those costs.
   4. If you do not give ITNT notice to terminate an agreement on or before the expiry of the agreed period, the agreement will automatically continue on a month to month basis, until terminated by either ITNT or you, in writing, on a calendar months’ notice.
   5. ITNT will, within no more than 80 and no fewer than 30 days before expiry of an agreement for 12 months, let you know of any changes to the charges or the services that wil apply. You can then either terminate the agreement or enter into another 12-month agreement.
7. Charges and payment
   1. The charges are payable monthly in advance, on presentation of an invoice.
   2. ITNT will invoice you on the commencement date, for the pro-rata amount payable for the services to be performed for the remaining duration of that calendar month, plus the amount due in respect of the following calendar month.
   3. Payments must be made by way of an automatic debit order, to the bank account nominated by ITNT, unless it agrees to or requests payment by way of electronic bank transfer. Payment will be regarded as made on the date of confirmation of receipt thereof by ITNT’s bank.
   4. Payment due for services agreed to on the ITNT website is payable by credit card as required. The charges for services provided on a month-to-month basis may be increased at ITNT’s discretion. The adjusted charges will be published on our website in advance.
   5. You may not deduct any amount from the charges invoiced.
   6. If you breach your obligations of payment under this agreement, ITNT may give you 20 days written notice that it will either terminate the agreement, or that it will suspend the services, until you are no longer in breach.
   7. If ITNT terminates this agreement as a result of your breach, it may recover all charges that would have become due to it for the remainder of the contract period.
   8. All amounts due but not paid will attract interest at the overdraft rate charged by our bankers from time to time.
   9. If it is necessary to recover any charges or damages from you, you will be responsible for the legal costs, including collection costs, incurred by ITNT, whether legal action is instated or not.
8. Un-used services
   1. Where services are available on a month-to-month basis, and are not used within the relevant month, the charges paid for services not so used are not refundable, and ITNT not will be liable to provide the services to the value of the un-used portion subsequent to the expiry of the relevant calendar month.
   2. For certain services, as will be published on our website or set out in the order form, un-used services may be used (in other words, be “rolled over”) and will be available for a specified, limited period after expiry of the relevant month. After expiry of the extended, or “roll-over” period, the provisions above will apply in relation to un-used services.
9. Your obligations related to the use of the services
   1. You agree to use the services in accordance with the terms of this agreement, for lawful purposes, and you agree that you will adhere to any relevant legislation.
   2. You also agree to use the services in adherence to the acceptable use policy, or similar policy, as published by any relevant network service provider, and in adherence to the rules of any independent third party governing any aspect of the services.
   3. ITNT reserves the right to audit your use of the services and your adherence to this agreement and you agree to provide to ITNT any document or information necessary to perform such an audit.
10. our obligations related to the sale and purchase of goods
    1. The charges for goods are set out on our website or on the order form.
    2. Goods purchased from ITNT will be new, in its original packaging, and will meet requirements of quality stipulated by law, and the technical specification set out in the documents included on or in the packaging.
    3. Goods must be used for its intended purposes, and in accordance with any written instructions of the manufacturer and/or any conditions set out in any guarantee provided in or on the packaging, or published on their website. You may also not tamper with the goods, attempt any repair or modification, or in any other way cause any damage thereto.
    4. Where goods were installed by ITNT, we undertake that the installation will be performed in accordance with the instructions of the manufacturer. You may not tamper with, or attempt to modify any aspect of the installation completed by NTNT.
    5. Where goods were installed by yourself, it is your responsibility to make sure that the installation is done according to the instructions provided with the goods, and that the goods will function as intended after installation.
    6. ITNT cannot be held responsible for the malfunction or damage to the goods, or for the interruption or poor performance of the related services if you have not met the requirements set out in the clauses above. This means that ITNT will not accept any return of the goods, or replace the goods, or refund any charges, and you will have no claim against ITNT for any damages.
    7. Goods sold or provided to you may be returned in accordance with your rights under applicable legislation, provided that any requirements or conditions attached to your rights, and/or the requirements set out in this agreement, are met by you.
11. Limitation on our liability for damages
    1. ITNT will not be liable to you for any damages that can be described as consequential, or for loss profit or opportunity, or that could reasonably have been prevented by you, except where such damages were caused by ITNT’s fraud or wilful actions.
    2. Damages will be limited to the amount paid to ITNT for the services over the 3-month preceding the date on which the cause of action arose.
12. Intellectual property
    1. Intellectual property belonging to ITNT will remain its property or that of its licensors. Your use of any services or any information does not confer on you any rights in relation thereto that is not set out in this agreement.
    2. Where you use, or provide to us any designs, or any protected property or information, you must ensure that you do so lawfully, within your rights and that you will not cause us to breach any third party’s rights.
    3. If any third claims that ITNT had breached their intellectual property rights, you will indemnify us and pay any costs that we incur in the course of obtaining legal advice, and/or defending or settling that claim.
13. General terms
    1. This agreement with the documents referred to herein will form the entire agreement between the parties. Nothing stated by ITNT in writing separately, and no verbal undertaking by ITNT will add to or change this agreement. Any changes to this agreement must be expressly agreed by ITNT, in writing, on paper.
    2. Should ITNT take legal action against you, or should ITNT want to communicate with you, it will use the physical address that you provided when you registered on the website, or the details provided on the order form. Otherwise, ITNT will communicate to you using the telephone numbers or electronic contact details so provided. You can change the physical address, or provide other or additional phone numbers or email addresses by letting ITNT know in writing. If either of the parties sent an email or electronic message, it will be assumed that the other party have received it on the day recorded in their own electronic system, unless the sending party become aware that the message had not been received, in which case it must be re-sent.
    3. This agreement is not intended to and will not limit the rights you have under the Consumer Protection Act, if applicable.
    4. If any one term of this agreement is found to be unenforceable or invalid, the remainder of the agreement will still be valid.
    5. By signing the order form or accepting these terms and conditions online, you are making a representation to ITNT that you are legally allowed to enter into this agreement and perform your obligations hereunder.
    6. ITNT will treat any personal and confidential information that you provide to it in accordance with our privacy policy published on its website from time to time.
    7. Any confidential information, sensitive information or information provided to you in confidence by ITNT, such as, but not limited to our services, business plans, finances and charges, agreements, or about our employees or our customers, must be held confidential by you and not disclosed without its express prior permission, unless it had become public knowledge through lawful disclosure, or you are required to disclose it by law.