24/7  Real person support for all our SLA clients.

contacts

Office 2, Merriman Place, Cnr Merriman and Bird Street, Stellenbosch, 7600

info@comxnetworks.com

 (+27) 21 010 1800

Terms and Conditions
Home Terms and Conditions

SERVICE TERMS

IMPORTANT NOTICE
  The following is a statement of the current standard terms of business under which ComX (Pty) Ltd provides internet connectivity services to its customers. We refer to ourselves as “ComX” in this document. Any person that validly subscribes to make use of our Services will enter into a binding agreement with us. Such a person or entity is referred to as a “Customer” in this document. If you are younger than 18, you must get your parent or legal guardian’s consent to make use of the service,unless you are able to confirm that you have been emancipated. “Emancipated” means the court has given you the right to act without your parent or guardian’s consent.THESE TERMS CONTAIN SPECIFIC PROVISIONS TO LIMIT COMX’S LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU OR CONSTITUTE ACKNOWLEDGEMENT OF FACTS BY YOU. THESE TERMS HAVE BEEN SET OUT IN CAPITAL LETTERS. PARTICULAR ATTENTION SHOULD BE PAID TO THESE TERMS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES INCURRED BY YOU IN CONNECTION WITH YOUR USE OF OUR SERVICES. The terms contained in this document shall govern your use of the services described herein exclusively. No other terms and conditions contained in any other document shall apply to or govern your use of the services described herein. 
  1. DEFINITIONS  
    1. In these terms:
  2. “ComX” means ComX (Pty) Ltd, a South African company with registration number 2016/531164/07, with physical address at 4a & 4b Sable Office Park­­­­­­­­­­­­­­, 8 Rooken Smith Street, Voorbaai, Mossel Bay and telephone number +27 21 010 1800;
  3. “ComX Policies” means the policies prescribed by ComX from time to time which regulate the use of the Services by the Customer;
  4. “CPE” means equipment and devices supplied by ComX to enable a customer’s access to the Internet;
  5. “Internet” means the local and international public network of computer networks that use the TCP/IP protocols to facilitate data transmission and exchange, including all equipment and circuits forming part thereof;
  6. “Law” means:
    1. any statute, regulation, by law, ordinance or subordinate legislation in force from time to time to which a party is subject;
    1. the common law as applicable to the parties from time to time;
    1. any binding court order, judgement, or decree; and
    1. any applicable industry code, direction, policy, rule or standard enforceable by law, including the criteria stipulated by any relevant authority which governs the use of the Services.
  7. “Network Infrastructure” means communications and network infrastructure owned and/or controlled by third parties and upon which the availability of the Services is dependent, including without limitation last mile access circuits, but excluding CPE;
  8. “Order” means the forms submitted by the Customer to ComX via its website located at https://comxnetworks.com/ order to subscribe to the Services;
  9. “Premises” means the customer premises specified in the Order;
  10. “Services” means the provision of access to the Internet at the Premises as described in the Order;
  11. “Service Area” means the geographical area in which the Premises is located and at which the Service is to be provided; and
  12. NETWORK INFRASTRUCTURE
    1. Availability. Availability of the Services in the designated Service Area is dependent on the availability of suitable Network Infrastructure. If the Premises is located in a Service Area which does not have suitable Network Infrastructure, and if ComX undertakes that it will procure the installation of such Network Infrastructure, then the Customer will render such assistance as may be required by ComX to procure the installation of the Network Infrastructure required to enable the Services at the Premises.
  13. SERVICES
    1. Subscription. In order to subscribe to the Services the Customer must complete and submit an Order form via the website located at https://comxnetworks.com/. Customer shall ensure that all information contained therein is accurate. ComX will notify the Customer at its designated email address whether or not its application is successful. The Services. ComX will in consideration for payment of the fees make available the Services to the Customer at the Premises. The Customer will at all times in relation to its use of the Services comply with applicable Law and the ComX Policies.
    1. Use of Personal Information. The Customer consents to the use by ComX of the following information to enable ComX to implement and render the Services to the Customer:
      1. name;
      1. physical address; and
      1. copy of the Customer’s identity document/passport/driver’s licence (copies of which are to be provided by the Customer to ComX);

ComX undertakes to use the information specified above only for the purposes stated above, as well as to conduct enquiries with credit bureaus and law enforcement agencies and other purposes permitted under applicable Law if ComX deems it necessary to do so. The Customer may at any time lodge an enquiry with ComX requesting it to verify what records of its personal information it has, and may request its deletion or rectification to the extent that such records are incorrect, out of date or if ComX is no longer permitted to process such information under applicable Law.

  • CPE. ComX will retain ownership of CPE until the fill purchase price therefor has been paid to ComX, notwithstanding delivery thereof to the Customer. Notwithstanding the aforementioned, the risk of damage to the CPE will transfer to the Customer upon delivery thereof to the Customer. If the Customer elects to independently purchase hardware and devices as required to enable it to access the Services, it shall ensure that such hardware/devices are fit for purpose and otherwise comply with any specifications provided by ComX.
    • Monitoring of usage. ComX monitors the usage of the Services by its customers in order to ensure that customers comply with the ComX Policies in respect of the use of its services. The Customer acknowledges that ComX may apply limit, restrict or prioritise certain types of internet traffic and otherwise manage network capacity in line with the objectives of the ComX Policies as well as to ensure that all customers are able to access and make use of its services on an equitable basis.
    • Availability. ComX will endeavour to ensure that the Services are available on a 24/7 basis. ComX cannot be held responsible for downtime or unavailability of the Services due to any of the following:
      • damages CPE where such damage has been caused by the Customer;
      • incorrect operation of the CPE;
      • faults, damages or downtime affecting Network Infrastructure; or
      • any failure beyond its reasonable control, including without limitation acts of God, natural disasters, earthquakes, fire, explosions, floods, hurricanes, extreme weather, riots, wars, (whether declared or not), hostilities, revolutions, civil disturbance or usurped authority, accidents, embargo or requisition, unforeseeable acts (including failure to act) of any governmental authority (de jure or de facto), sabotage, nuclear incidents, epidemics, general power failures, general communications failures, strikes over which it has no control, or the failure of any institution whose consent is required for the performance of any obligation hereunder to provide such consent, or delays in the performance of its sub-contractors. The right of relief shall apply irrespective of whether the cause of prevention or delay occurs before or after the agreed due time for such obligations.
    • . ComX cannot guarantee the continued availability of the Service package selected by the Customer. ComX may accordingly give written notice to the Customer should such Service package become unavailable or no longer be offered by ComX, which notice shall detail the alternative Service packages available to the Customer together with the pricing therefor. Failure by the Customer to select an alternative Service package within 30 (thirty) days from the date of the notice will result in termination of the Services.  
  • FEES
    • Amounts Due. In consideration for the supply of the Services, the Customer shall pay to ComX all the fees, charges and expenses applicable thereto.
    • Invoicing. Save to the extent otherwise agreed under the Order, ComX may invoice the Customer on the following basis:
      • for recurring fees based on access to and use of the Services, on a monthly basis in advance;
      • for fees specified to be payable on a once-off basis, upon acceptance by ComX of the Order;
      • purchase fees for CPE, upfront upon acceptance of the Order by ComX;
      • for expenses, on a monthly basis in arrears; and
      • for any additional services rendered by ComX which do not form part of the Services, such as related to fault resolution and assistance with problems which do not fall within ComX’s responsibilities under these terms, ComX may invoice for such fees on a monthly basis in arrears at its standard prevailing hourly rates.
    • Payment. Unless otherwise agreed with ComX, invoices issued by ComX will be payable within 30 (thirty) days of invoice.  All payment obligations are non-refundable.  All payments shall be made by electronic transfer or direct deposit into the bank account of ComX as indicated on the invoice.
    • Taxes. The fees, charges and expenses payable by the Customer hereunder are net amounts, free from set-off or deductions and are exclusive of all taxes (including VAT) which shall be payable by the Customer in addition to the fees.
    • Annual Increase. Fees may be adjusted once annually by way of a written notice thereto and such changes will take effect on the date therefore as specified in the notice.
    • THE CUSTOMER SHALL NOT BE ENTITLED FOR ANY REASON WHATSOEVER TO WITHHOLD OR DEFER PAYMENT OF ANY AMOUNTS DUE UNDER THIS AGREEMENT AND ANY FAILURE TO PAY ANY AMOUNT WHICH IS DULY INVOICED BY COMX WILL RESULT IN COMX CHARGING INTEREST AT A RATE OF 2 % (TWO) PER MONTH. SUCH INTEREST SHALL BE CALCULATED FROM THE DUE DATE FOR PAYMENT TO THE DATE OF ACTUAL PAYMENT, BOTH DAYS INCLUSIVE, COMPOUNDED MONTHLY IN ARREARS. COMX MAY IN ADDITION TO THIS SUSPEND THE SERVICES UNTIL PAYMENT OF ANY OUTSTANDING AMOUNT HAS BEEN RECEIVED IN FULL, OR TERMINATE THE SERVICES IF IT CHOOSES TO DO SO.
  • 5.       DURATION
    • . The Customer will be permitted to make use of the Services from the date of activation thereof by ComX until termination in terms of clause 3.7 or this clause 5. Either Party may on written notice to the other Party terminate the Service (“Termination Notice”). A Termination Notice shall be sent to the email address of the other Party (which for ComX is info@comxnetworks.com, and for the Customer shall be the address stated in the Order). Termination of the Service shall become effective only upon the expiry of 30 (thirty) days from the date of the Termination Notice.  . If a fixed Service term has been agreed under the Order, and the Customer terminates the Service prior to the expiry of such term, ComX may impose a reasonable cancellation penalty based on the duration of the Service Term as agreed in the Order.
    • . In the event that the Customer is in breach of any of its obligations under these terms, including as contained in the ComX Policies, and fails to remedy such breach within 30 (thirty) days of being notified thereof by ComX, or if such breach is incapable of remedy, then ComX shall be entitled to suspend and/or terminate the Services with immediate effect.
  • LIABILITY
    • DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, COMX DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR OF A PARTICULAR STANDARD OR QUALITY. WITHOUT LIMITING THE AFORESAID, THE CUSTOMER ACKNOWLEDGES THAT LINE SPEEDS ARE VARIABLE AND SUBJECT TO FACTORS OUTSIDE OF COMX’S CONTROL, AND THAT COMX ACCORDINGLY CANNOT GUARANTEE THAT CONSISTENT OR MINIMUM LINE SPEEDS WILL BE ACHIEVED IN CONNECTION WITH THE SERVICES.
    • COMX RESERVES THE RIGHT TO CANCEL OR SUSPEND THE CUSTOMER’S USE OF THE SERVICES AT ANY TIME IF COMX IS REQUIRED TO DO SO UNDER APPLICABLE LAW OR IF THE CONTINUED PROVISION OF THE SERVICES WOULD BE UNLAWFUL, OR IF COMX REASONABLY SUSPECTS THAT THE CUSTOMER IS USING THE SERVICES IN AN UNUATHORISED OR UNLAWFUL MANNER, OR IN A MANNER WHICH IS IN BREACH OF THESE TERMS.
    • EXCLUDED LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMX SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ARISING FROM LOSS OF INCOME, LOSS OF GOODWILL OR PROFITS, THIRD PARTY CLAIMS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION OR OTHER PECUNIARY LOSS ARISING IN CONNECTION WITH THIS AGREEMENT (INCLUDING OUT OF DELAY OF DELIVERY, RELIANCE ON THE USE OR THE USE OR INABILITY TO USE THE SERVICES), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, STATUTE, DELICT OR OTHERWISE.
    • MAXIMUM LIABILITY. SAVE TO THE EXTENT THAT SUCH LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, COMX’S MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL DAMAGES, EXPENSES, COSTS AND LOSSES CLAIMED IN CONNECTION WITH ANY ORDER SHALL BE THE TOTAL FEES PAID TO ROUTE NETWORKS UNDER THE ORDER DURING THE LATEST 6 (SIX) MONTHS OF ITS TERM, IRRESPECTIVE OF THE FORM (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE) OF SUCH LEGAL ACTION.
    • INDEMNITY. THE CUSTOMER HEREBY INDEMNIFIES COMX AGAINST ALL LOSSES, LIABILITIES, DAMAGES AND CLAIMS SUFFERED OR INCURRED BY COMX WHICH RELATE TO THE USE OF THE SERVICES BY THE CUSTOMER, INCLUDING WITHOUT LIMITATION WHICH RELATE TO CLAIMS THAT THE CUSTOMER HAS CONTRAVENED ANY APPLICABLE LAW WITH RESPECT TO ITS USE OF AND/OR ACCESS TO THE INTERNET.
  • GENERAL
    • The Order and these terms constitute the whole agreement between the ComX and the Customer regarding the Services and supersedes all prior verbal or written agreement or understandings or representations by or between the ComX and the Customer regarding the subject matter hereof, and the parties will not be entitled to rely, in any dispute on any terms, conditions or representations not expressly contained in these terms.If a provision in these terms is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.If any part of these terms is held unlawful or unenforceable the offending section or part shall be struck out and the remainder of these terms shall remain in effect.No delay, neglect or forbearance by ComX in enforcing its rights under these terms shall be a waiver of, or prejudice, such rights. No waiver shall be effective unless it is expressly stated in writing and signed by ComX.No change, alteration or modification to the Order or these terms shall be valid unless in writing and signed on behalf of both ComX and the Customer.
    • The Order and these terms shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the non-exclusive jurisdiction of the Western Cape High Court, South Africa.