Glidepath Internet Terms and Conditions
CONTRACT TERMS AND TERMINATION
- This agreement cannot be downgraded within the term.
- All equipment (where applicable) remains the property of Glidepath Internet until the end of the contract term.
- This contract shall commence on the date on which Glidepath Internet activates the service, such activation being at our sole discretion, and shall endure for the period as stipulated on the subscriber for (initial period) and thereafter indefinitely until terminated by either party by giving the other party two(2) calendar months written notice of termination or as otherwise agreed in writing by the parties, such notice of termination shall be effective from the first day of the next calendar month.
- Intention to terminate this contract must be communicated in writing to Glidepath Internet giving two(2) calendar months’ notice prior to the actual termination date.
- If the services and/or our agreement with you for the services and/or products is terminated for whatever reason before the initial period, you agree to pay Glidepath Internet the sum of inter alia the monthly subscription or access charges payable for the rest of the initial period. As per CPA regulation’s all equipment will be removed and the installation amount will NOT be paid back to the client to redeem expenses.
- Either party may terminate the agreement after giving the other party NOTICE of 2 months prior to such termination. In the event that the client has selected a 24 month contract, the client agrees that in the event of cancelation by the client, the client will be liable for a reasonable cancelation/penalty fee of R4500.00 for the installation and removal of such installation, as well as 6 months premiums, payable immediately upon cancellation.
- Glidepath Internet retains the right to cancel any service rendered at any time.
- Glidepath Internet retains the right to increase any fees as needed at any time during the contract term.
- All peer to peer downloads & torrents have lowest priority and may be shaped if the network is under pressure.
CHARGES
- The charges you agree to pay are those stated on the subscriber form and may be increased from time to time unless a fixed term and pricing contract is entered into between the parties.
- The Subscriber must pay Glidepath Internet in advance for the selected service option, which payment must reach Glidepath Internet prior to the account expiry date. Glidepath Internet reserves the right to withhold access for overdue accounts, while the Subscriber shall continue to be liable for the service until the conditions of notice of termination are fulfilled. EFT payments may be processed up to 10 (ten) days prior to account expiry date in order to allow time to resolve any difficulties, which may arise.
- You agree to pay Glidepath Internet by EFT, unless otherwise agreed, by the specific date as per subscriber form.
- Any payments that have been cash deposited inside the bank or at the ATM will also have an additional administration fee of R150 excluding VAT added to your account.
- If your connection is suspended due to non-payment or late payment, the account holder will stay liable for the service term fees. R150 excluding VAT reconnection fee will be charge for all suspended accounts.
TRANSFERS
Should the contract holder decide to change/move residence it is for the client to contact the service provider and notify the service provider of the move, all costs for the transfer are for the contract holders account even though the equipment remains the property of Glidepath Internet.
INVOICING
- Our monthly invoice shall be prima facie proof of the amounts owed by you for the services and/or products and of the other facts stated herein. You shall be responsible to advise in writing of any change of your invoicing address as stated in the subscriber form and in such written notice that shall be your chosen domicilium citandi et executandi for all purposes under the agreement.
- The addresses on the subscriber form shall be the chosen domicilium citandi et executandi for all purposes under this agreement.
- All charges Excludes VAT unless state to the contrary.
SUPPORT
We will provide the services in a professional and diligent manner and will respond to your requests for on-site maintenance and support, if applicable to the service you have requested, as soon as possible on our usual terms or as agreed in writing, should you request any additional or different service other than those in the subscriber form then such service will be subject to these terms and additional agreed terms and charges.
WARRANTY
- All our Products and service supplied to you are warranted in accordance with industry norms against defective workmanship and components, but the terms of our warranty are subject to the manufacturers and/or suppliers terms of warranty as to duration, returns and handling procedures and any charges. To the extent such warranty terms do not accompany the product packaging then, upon request, we will provide you with specific applicable terms, the terms of such warranty will prevail over all other warranties and guarantees.
- If we should loan any product to you or if we are providing any products bundled with a service on a monthly rental basis then you bear all risk of the loss, damage, theft or destruction.
- Glidepath Internet is not liable for any lighting damage, Acts of God, theft and or malicious damage.
- It is recommended that clients must install their own surge protectors as needed.
Lightning Damage
In the case of lightning damage to the antenna or router, the client is liable for the full cost of repair or replacement, which is R5,800 (Five Thousand Eight Hundred Rand) or any higher cost incurred for replacement or repair as assessed by Glidepath Internet. The client must immediately notify Glidepath Internet of any lightning-related damage, and the equipment will be assessed for repair costs. The cost of repair or replacement will be invoiced to the client and is payable immediately upon receipt of the invoice.
Antenna and Router Ownership and Liability
The antenna and router provided to the client by Glidepath Internet remains the property of Glidepath Internet at all times. The client agrees to take reasonable care of the equipment and is responsible for its safekeeping. In the event that the antenna or router is damaged, lost, or not returned at the end of the service agreement, the client will be held liable for the full cost of repair or replacement, which is R5,800 (Five Thousand Eight Hundred Rand) or any higher cost incurred for replacement or repair. This amount will be invoiced to the client, and payment will be due immediately upon notification of the damage, loss, or non-return of the equipment.
Return of Equipment Upon Cancellation
Upon cancellation of the service agreement, the client is required to return all equipment provided by Glidepath Internet, including but not limited to the antenna and router, in good working condition. Failure to return the equipment in working condition will result in the client being charged the full replacement cost of R5,800 (Five Thousand Eight Hundred Rand), or the actual replacement cost, whichever is less.
BREACH
Should a party (“the defaulting Party”) commit a breach of any of the provisions of this agreement, then the other party (the aggrieved Party) shall, if such aggrieved party wishes to enforce its rights hereunder, be obliged to give the defaulting party 7 days’ written notice to remedy the breach, if the defaulting party fails to comply with such notice, the aggrieved party shall be entitled to cancel this agreement against the defaulting party and/or to claim immediate payment and/or performance by the defaulting party of all of the defaulting party’s obligation in respect of which it is in breach of this agreement in either event without prejudice to the aggrieved parties right to claim damages. the afore going is without prejudice to such other rights as the aggrieved party may have at law, provided always that, notwithstanding anything to the contrary contained in this agreement, the aggrieved party shall not be entitled to cancel this agreement for any breach by the defaulting party unless such breach is a material breach going to the root of this agreement and is incapable of being remedies by a payment in money, of if it is capable of being remedies by a payment in money the defaulting party fails to pay the amount concerned within 7 days after such amount has been finally determined and payment thereof by the defaulting party has been demanded in writing by the aggrieved party.
JURISDICTION AND GOVERNING LAW
- This agreement and any matter arising from it shall be subject to the jurisdiction of the South Gauteng High Court.
- The parties herewith submit to the jurisdiction of the court referred to in this clause and appoint as their domicile for those purposes their respective addresses as set out in the services application form.
- This agreement shall be subject to and shall be governed by the laws of South Africa.
GENERAL
- You agree that an electronically scanned and stored version of this document shall constitute sufficient evidence of its content and signature by you and us.
- If the Subscriber is a corporate entity or trust, then the signatory hereto who signs on behalf of the subscriber (the signatory) warrants that he is duly authorised to enter into this contract on behalf of the subscriber and to sign the debit authorisation, if applicable, on the subscriber’s bank account.
- By his signature hereto the signatory hereby binds himself as surety and co-principal debtor on behalf of the subscriber unto and in favour of us for the due and punctual fulfilment of all of the subscriber’s obligations to us arising out of this agreement including the payment of all charges and liquidated damages.
- Glidepath Internet is dependent on a fibre connection to the Isando data centre and cannot be held liable if/when the fibre lines are down.
- Speeds cannot be guaranteed all connections are up to speeds under during adverse weather conditions.
- Signal can be influenced by Interference, lighting, wind and rains, some packages might not be available in certain areas.
- The subscriber shall be liable for all his or her own hardware and other costs for connection to the Glidepath Internet services.
- The Subscriber shall not, without the express written permission of Glidepath Internet resell of make available to any third party such services as they might receive from Glidepath Internet.
- Glidepath Internet retains the right to withhold any equipment passwords to protect the Glidepath Internet network or where accounts are overdue.
- All WIFI passwords can only be changed at the client’s premises, all WIFI password changes are charged at R450.00 per change.
- Glidepath Internet cannot guarantee the radius of the router nor its limitations.
- Glidepath Internet cannot guarantee any pings or jitter to any server. Glidepath Internet cannot be held liable for a high ping/latency.
- Glidepath Internet will only measure pings with the international DNS ips of 8.8.8.8 & 8.8.4.4 &1.1.1.1. Technical assistance will only be provided should the ping/latency be higher than 80ms, tested directly from the clients antenna.
