Acceptable Use Policy

Acceptable Use
6. The use of the UNINET network or service by the CLIENT for the transmission 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.
7. The CLIENT irrevocably accepts all consequences of their own activities over the UNINET network and through use of the
services. The CLIENT indemnifies and holds harmless UNINET, 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.
8. 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.
9. Access to other networks and services via the UNINET network must conform to the standard norms and regulations
governing access to these services, e.g. Newsgroups.
10. A CLIENT may only provide UNINET services to third persons with the express written permission of UNINET.
11. UNINET reserves the right to introduce, at any time, internal regulations that may result in changes in the acceptable
use of the UNINET network. All these regulations will be available on the UNINET web page; www.UniNet.co.za and will be
deemed to be binding on clients seven (7) days after publication on the web page.

Customer Premises Equipment (CPE)
12. All equipment installed by UNINET at a CLIENT premises remains at all times the property of UNINET, unless a contract is
entered into transferring ownership of said equipment to the CLIENT.
13. Where the CPE is installed on or at a premises which is leased or otherwise not owned by the CLIENT then the CLIENT
undertakes to obtain the necessary permission from the relevant landlord and warrants that the landlord will be
informed in writing that the CPE is the property of UNINET and not that of the CLIENT. The CLIENT indemnifies UNINET in
full in respect of any loss or damage occasioned by a failure to observe the provisions of this clause.
14. The CLIENT undertakes, subject to clause 16 hereunder, to maintain all the equipment that UNINET installs at CLIENT
premises taking all normal precautions to be taken when using electronic equipment.
15. UNINET will assume responsibility, at its own cost, for such maintenance of equipment installed as is attributable to
normal wear and tear or where damage to the equipment does not result from misuse or negligence on the part of the
client or as a result of the theft of equipment. Any other damage to UNINET equipment including, lightning, corrosion,
equipment failure, malfunction, any other act of God, will be repaired or replaced by UNINET at no cost to the client.
Reasonable access will need to be provided by the CLIENT to UNINET personnel for repairs and replacement in this event.
16. UNINET 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 UNINET, is strictly
prohibited and UNINET reserves it right to proceed for recovery of damages where there is unauthorised modification or
re-configuration.
17. UNINET strictly reserves its rights in respect of any intellectual property rights inhering in client premises equipment.
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CSS House | Waterfall Office Park | Augrabies Road | Midrand | Johannesburg | 1685 | tel 0861 2 UNINET (55327) | fax 0861 3 UNINET (55327)
7 Cincaut Road | Saxenburg Park | Kuilsriver | Cape Town | 7579 | tel 0861 2 UNINET (55327) | fax 0861 3 UNINET (55327)
E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it | VAT Number 4640247443 | Registration Number 2005/021775/07
www.UniNet.co.za

Capped Packages
18. Bandwidth usage under a Capped Package is calculated on both downloads and uploads.
19. Where the CLIENT elects a Capped Package subject to an agreed bandwidth usage limitation the CLIENT may, at any
time during a month (either before or after exceeding the usage limitation), purchase a Top-Up in order to access
additional bandwidth after being capped.
20. Where a Top-Up is purchased after the CLIENT has already exceeded its agreed bandwidth usage then the amount of
bandwidth used in excess of the agreed usage will be subtracted from the Top-Up purchased.
21. Where a Top-Up is purchased the Top-Up will expire at 00h00 on the evening of the last day of the calendar month in
which the Top-Up was purchased, at which time the full Gigabyte value of the Capped Package purchased by the CLIENT
will become available for the next calendar month.
22. UNINET reserves the right to recover the cost of any additional bandwidth usage in excess of the agreed bandwidth usage
limitation not covered by the purchase of a Top-Up.

Interruption of Service
23. UNINET 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.
24. UNINET will use its best endeavors to contact the technical contact person of all Enterprise subscribers after detection of
an unplanned or emergency interruption in service. 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.
25. UNINET 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.
26. Where the CLIENT has entered into a month by month contract UNINET will refund the CLIENT the installation portion of
the initial setup cost where the CLIENT cancels the service within the first month of the contract. The refund is provided
if the CLIENT requests a cancellation within this period. The equipment must be un-installed by a UniNet technician.

Term of Agreement and Termination
27. Subject to the below, the service will continue for a period of 1 months from the date on which the provision of the
service to the client commences (“the initial period”).
28. After the expiry of the initial period the service will automatically renew for further periods of 1 month on the same basis
as the initial period unless the CLIENT gives one calendar month’s notice in writing to UNINET. For the avoidance of doubt
such notice must be given at least one calendar month prior to the expiry of the initial period.
29. UNINET 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 within five (5) days of receipt of written notice to do so.
29.1 Nothing in this agreement shall prevent UNINET from immediately disconnecting the CLIENT where the
continued connection of the CLIENT to the UNINET network constitutes a threat to the integrity and/or
security and/or continued operation of such network.

Payment
30. Payment in respect of the service is to be made by debit order. A debit order authorisation forms part of this Agreement.
31. Payment in respect of installation must be received prior to the installation via electronic funds transfer or via cash.
32. In the event of the failure and/or cancellation of the debit order or other failure to make timeous payment:
32.1. UNINET reserves the right to change the priority of access to the UNINET network if payment is not made on
or before the third business day of any month
32.2. If payment is not made within seven (7) days of the commencement of the month then UNINET reserves the
right to forthwith suspend the services.
32.3. Services that are suspended for non payment may require a reconnection fee.
32.4. If payment is not made within thirty (30) days of the commencement of the month the service will be
terminated.
32.5. Where the service has been deprioritised, suspended or terminated in terms of this clause 22 then all other
contractual obligations in this document remain in place until terminated by UNINET and all amounts that are
due and would in future have fallen due under this Agreement shall become immediately due, owing and
payable to UniNet.

Moving of Client
33. If a CLIENT wishes to move his installation to a different location a levy of R850 will be charged. Should the new location
not have sufficient signal UniNet will not be held responsible and the CLIENT will still be liable for the duration of his/her
contract.
34. A CLIENT may, with the written permission of UniNet, transfer their service and associated contract to a third party
provided the third party is prepared to resign the contract for the remainder of the contract, and provided that there is
sufficient signal at the third parties location.

Indemnities and disclaimers
35. Notwithstanding the aforesaid terms, UNINET will not be liable to you 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.
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CSS House | Waterfall Office Park | Augrabies Road | Midrand | Johannesburg | 1685 | tel 0861 2 UNINET (55327) | fax 0861 3 UNINET (55327)
7 Cincaut Road | Saxenburg Park | Kuilsriver | Cape Town | 7579 | tel 0861 2 UNINET (55327) | fax 0861 3 UNINET (55327)
E-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it | VAT Number 4640247443 | Registration Number 2005/021775/07
www.UniNet.co.za
36. Notwithstanding the aforesaid terms, the CLIENT and/or any other person/entity will not have any claim, action or
application against UNINET howsoever arising for direct damages, indirect damages, loss of profits and incidental, special
or consequential damages and the CLIENT hereby indemnifies and holds harmless UNINET, its officers, employees,
subsidiaries, affiliates and contractors in respect of such damage or loss.

General Provisions
37. This document constitutes the sole record of the agreement between the parties.
37.1. Other than as set out in this Agreement, no party shall be bound by any representation, warranty, promise
or the like not recorded herein.
37.2. 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.
37.3. 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.
38. 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 UNINET when subscribing to this
service and, if relevant, at the address where any CPE has been installed pursuant to a subscription, and agrees that
any notice sent in terms of this agreement may be sent via email.
39. 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 UNINET 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. The CLIENT
further agrees to pay all costs associated with the recovery of amounts due in terms of this agreement, including legal
costs on the scale as between attorney and own client, tracing costs and collection commission.