TERMS AND CONDITIONS

PLEASE NOTE: BY COMPLETING THE SIGNUP PROCESS AND SUBSCRIBING FOR THE SERVICE, THE ISP WILL ISSUE YOU WITH A USER NAME AND PASSWORD. BY USING THE USER NAME AND PASSWORD TO ACCESS THE SERVICE(S) AND/OR BY USING THE SERVICE(S) IN ANY WAY, YOU THE USER, WILL BE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, WHICH WILL FORM A BINDING AGREEMENT BETWEEN YOU THE USER, THE ISP AND THE APPOINTED AGENT, WHICH TERMS AND CONDITIONS YOU THE USER IS DEEMED TO HAVE FAMILIARISED YOURSELF WITH AND TO HAVE IRREVOCABLY ACCEPTED.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING PAYMENT TERMS, DO NOT CONTINUE WITH THE REGISTRATION PROCESS. THE PARTIES TO THIS AGREEMENT, INCLUDING THE ISP AND THE APPOINTED AGENT/S ARE NOT WILLING TO ENTER INTO THIS AGREEMENT IF YOU ARE NOT WILLING TO ACCEPT SUCH TERMS AND CONDITIONS.

1 INTERPRETATION

1.1 “this agreement" - means these terms and conditions of use and all other terms and conditions which the ISP may, from time to time, impose in respect of the Service, as amended and updated from time to time.
1.2 "the User" means the party who has purchased the Service and/or any person using the Service
1.3 "the ISP" means Winagain Holdings (Pty) Ltd (Company No. 2003/2898)
1.4 “the Appointed Agent” means Winagain Holdings, its successor in title or its appointed agent
1.5 “the effective date” means the date on which the ISP and/or the Appointed Agent activates the User’s subscription to the Service
1.6 "the Service" means the Internet service described in this agreement.

2 RECORDAL

2.1 The ISP hereby sells the Service to the User on a subscription basis on the terms and conditions set out in this agreement.
2.2 When the User subscribes for the Service, the ISP will issue a user name and password to the User. By using the user name and password to access the Service and/or by using the Service, the User will be signifying his/her acceptance of these terms and conditions of use, which will form a binding agreement between the User and the ISP and the Appointed Agent, which terms and conditions the User is deemed to have familiarised himself/herself with and to have irrevocably accepted.

2.3 The User warrants that as at the effective date, all the details furnished by the User to the ISP and the Appointed Agent are true and correct and that they will notify the ISP and the Appointed Agent forthwith in the event of any change to such details.

3 SERVICE AVAILABILITY

3.1 All reasonable endeavours will be made by the ISP, its suppliers and service providers to make and keep the Service available to subscribers at all times.
3.2 Notwithstanding the aforegoing, the User agrees that the ISP, its suppliers and service providers shall not be liable in respect of any loss or damage caused by or arising from the non-availability of, any interruption in or the use of the Service for any reason whatever and howsoever arising.
3.3 This exclusion of liability of the ISP, it’s suppliers and service providers for loss or damage will include, but is not limited to:
3.3.1 loss caused by negligent acts of the ISP, it’s suppliers and service providers or their employees
3.3.2 any direct, indirect, consequential, incidental or specific loss or damage resulting from interruption of the Service, the User’s business, loss of information, loss of any form of data or any other cause of any nature, whether foreseen or not
3.4 The ISP, its suppliers and service providers may suspend its obligations in terms of this agreement temporarily in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of the ISP’s, its suppliers’ or service providers’ services.
3.5 All reasonable endeavours will be made by the ISP, it’s suppliers and service providers to notify the User of any maintenance and/or repairs which may result in the non-availability of the Service, but no warranty or other contractual undertaking is given that such notice will be given. The User shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension or interruption of the Service. Additionally the User shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension, which is beyond the control of the ISP.

4 CONDITIONS OF USE OF INTERNET SERVICE

4.1 To ensure the security and reliable operation of its services, the ISP, its suppliers and service providers reserve the right to take any action the ISP, its suppliers or service providers may find necessary to preserve the ongoing security and reliability of the Service, including but not limited to, rate limiting, connection limiting, blocking of certain protocols or ports, and traffic prioritisation.

4.2 With effect from the effective date the ISP, its suppliers and service providers, grant to the User the use of its Service to inter-alia gain access to and facilitate use of the Internet via a wireless access on the terms and conditions set out in this agreement. By making use of the Service in any manner whatsoever the User acknowledges and agrees to the following:
4.2.1 the username and password provided by the ISP, its suppliers or service providers will be used for the User’s personal use only. The User undertakes to maintain the confidentiality of such username and password and the User is not to give or make available in any way his/her username and/or password to any other person for such person's use, which shall be deemed to be unauthorised use
4.2.2 the User shall not, at any time, permit and/or initiate a simultaneous network log-in and will not attempt to bypass the ISP’s, its suppliers’ or service providers’ user authentication processes or engage in attempts to access the ISP’s, its suppliers’ or service providers’ networks where not expressly authorised to do so, which actions shall be deemed to be unauthorised use of the Service
4.2.3 should any unauthorised use takes place, the User shall, in conjunction with any other rights the ISP, its suppliers or service providers may have in terms if this agreement, pay immediately, on demand made by the ISP, its suppliers or service providers, any and all costs, including but not limited to additional service fees, incurred in such unauthorised use
4.2.4 in the event that the User’s password is compromised, the User shall immediately notify the ISP, its suppliers or service providers and change his/her password
4.2.5 the User acknowledges that they are prohibited from utilising the Service to compromise the security or tamper with system resources or account(s) on computer(s) at the ISP, its suppliers or service providers, or at any other site
4.2.6 the User agrees to conform to generally acceptable Internet etiquette and to abide by the ISP's, its suppliers' and service providers' operating policies and Acceptable Use Policy (AUP), which may be amended from time to time at the sole discretion of the ISP, its suppliers or service providers, and is available to the User on demand, and the User hereby indemnifies and holds harmless the ISP, its suppliers or service providers from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy
4.2.7 the User undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trade marks, and patents) of any and all data and/or information retrieved from the Service including those expressly specified or impliedly specified by the ISP, its suppliers or service providers or by any of the local or foreign service providers or any laws governing the provision of the Service

4.2.8 it is specifically recorded that the User is expressly not authorised to tamper with the Service, servers or networks provided by the ISP, its suppliers or service providers in any manner whatsoever, nor to utilise the Service in any manner which may compromise the security of the Service, servers or networks provided by the ISP, its suppliers or service providers. To ensure the security and reliable operation of the Service, servers or networks provided by the ISP, its suppliers or service providers, the ISP, its suppliers or service providers and/or the Appointed Agent hereby reserve the right to take whatever action the ISP, its suppliers or service providers and/or the Appointed Agent may find necessary to preserve the security and reliability of the Service, servers or networks provided by the ISP, its suppliers or service providers

4.2.9 Acknowledges that initial Set-up fees are non-refundable and that they constitute a once-off payment subject to certain renewal charges.

4.2.10 The user acknowleges that if at any point a hotspot host (Any establishment whom has a hotspot with one of our signals) has the right to suspend, or terminate your use thereof at their sole discression. If at any point a hotspot hosts deems that you have breached any of their terms the ISP reserves the right to terminate service with immediate effect. The client shall not be entitled to a refund, re-imbursment or any such remidy.

5 PAYMENT

5.1 The User agrees to pay the Service setup and subscription fees, which may include (without being limited to) fees for other services the User may subscribe to from time to time (“additional services”).
5.2 The User shall be billed monthly in advance for the Service and/or additional services for the period commencing on the first day of the month to the last day of the same month.
5.3 Should there be a setup fee for the Service and/or additional services, as the case may be, the User shall be billed this setup charge for the Service and/or additional services, as the case may be.
5.4 The User agrees to pay to the Appointed Agent such charges as levied by the ISP from time to time as follows:
5.4.1 All amounts payable in terms of this agreement shall be paid by way of a cash or in such other manner as the ISP or it’s Appointed Agent may from time to time determine and shall be free of exchange and paid in full without deduction, discount, refund, set-off or any other credit in respect of any suspension or interruption of or delay in the Service.
5.4.2 payment of charges may not be withheld by the User for any reason whatsoever

5.5 Should any payment not be made on due date, the ISP and/or its Appointed Agent shall be entitled, without prejudice to any other rights they may have, to:

5.5.1 charge interest on such arrear payment as from due date to date of actual payment thereof at a rate equal to the annual prime rate charged by First National Bank on overdrawn accounts from time to time, plus 2% (two percent)
5.5.2 suspend performance of the ISP’s, its suppliers’ or service providers’ obligations under this agreement pending full payment by the User
5.5.3 take all such further steps as may be necessary to recover the outstanding amount from the User, in which event the User agrees to pay all costs associated with such recovery on an attorney and own client basis. Additionally the ISP and/or the Appointed Agent reserve the right to levy a charge for handling fees at an amount determined by the ISP and/or the Appointed Agent for monies due in the event of a User’s payment being returned or rejected by the User’s bankers without notice, or to suspend the User’s access to and use of the Service until such time as the outstanding amount has been paid in full
5.5.4 terminate this agreement with immediate effect
5.5.5 record the existence of the User's account with a Credit Bureau.
5.5.6 record and transmit details of how the User has performed to a Credit Bureau, and how the account is conducted by the User in meeting their obligations on the account.
5.5.7 The User confirms that all statements made in the completion of their account signup process are true and correct. The ISP, the Appointed Agent, their suppliers and service providers reserve the right to request written proof thereof.
5.6 The setup charges for the Service and/or any additional services, as the case may be, is a charge for initiating the Service and/or additional services at the users request by their completing the online signup process, as the case may be, and the User shall be liable for the setup charge irrespective of the use made of the Service and/or additional services, as the case may be.
5.7 The monthly charges for the Service and/or any additional services, as the case may be, is a charge for permitting the User continued access to the Service and/or additional services, as the case may be, and the User shall be liable for each and every monthly charge irrespective of the use made of the Service and/or additional services, as the case may be.
5.8 Invoices shall only be issued by the ISP to the User on request.
5.9 In the instances where this agreement, in respect of any products applied for, specifies a minimum subscription period (“minimum period”) longer than one month’s duration and the User cancels or purports to cancel this agreement in respect of such service, prior to expiration of such minimum period, the remainder of all monthly payments payable during the subscription period shall immediately become due and payable to the ISP and/or it’s Appointed Agent.
5.10 The ISP reserves the right, in its sole discretion, to increase or decrease the Service subscription fees, and undertakes to give the User at least 30 (thirty) days notice of any such increase or decrease. Should the amended fee be unacceptable to the User, the User may terminate this agreement in accordance clause 8 below, failing which the amended fee shall take effect on the date indicated in the written notice.
5.11 The provision and costs of software and/or web site development, including HTML coding, design, development and maintenance, and the support thereof by the ISP, its suppliers or service providers, are specifically not included as part of the Service as set out in this agreement unless otherwise specified.
5.12 The User certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised to contract on their behalf.
5.13 Should the user default on payment for any period, the service to the user shall be suspended pending full payment of outstanding balances, including a reconnection fee's if any.

6 BREACH

6.1 Should the User be in breach of any provision of this agreement, then the ISP, its suppliers or service providers and/or the Appointed Agent shall be entitled, without prejudice to any other rights they may have and without notice to the User, to forthwith:
6.1.1 claim immediate payment of all outstanding amounts payable in terms of this agreement
6.1.2 suspend the User’s use of and access to the Service
6.1.3 terminate this agreement, retain all amounts already paid by the User and recover all costs incurred, if any, by the ISP, its suppliers or service providers and/or the Appointed Agent, including (without being limited to) legal costs on an attorney and own client basis
6.1.4 Third Pary Hotspots are for 3rd parties clients, if you use the hotspot on their premises. By using the hotspot you have agreed to their terms of service, and that you will abide by their regulations thereto.

7 CESSION

7.1 The ISP and/or its Agent shall be entitled to delegate, cede and/or assign its rights and obligations in terms of this agreement to any third party, without notice to the User.
7.2 The User shall not be entitled to cede or assign any of its rights or obligations in terms of this agreement without the prior written consent of the ISP and/or the Appointed Agent, which consent shall not be unreasonably withheld.

8 AMENDMENT

8.1 The ISP and/or it’s Appointed Agent reserve the right to amend this agreement from time to time without notice to the User.
8.2 Any new version of the agreement will be made available on the ISP’s web site. It is the User’s express obligation to regularly visit the ISP’s web site to ascertain whether any amendments have been made to this agreement.
8.3 The User shall have no authority to amend, modify or vary the terms and conditions of this agreement or any other terms and conditions stipulated by the ISP, its suppliers or service providers for the provision of the Service.

9 WHOLE AGREEMENT

9.1 This agreement constitutes the whole of the agreement between the parties hereto relating to the matters dealt with in this agreement and save to the extent otherwise provided herein no representation, term or condition relating to the subject matter of this agreement not incorporated in this agreement shall be binding on any of the parties.
9.2 No variation, addition, deletion, or cancellation will be of any force or effect unless reduced to writing and signed by the parties hereto or their duly authorised representatives.

10 SEVERABILITY

10.1 In the event of any one or more of the provisions of this agreement being held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, and this agreement shall be construed as if such invalid, illegal or unenforceable provision was not a part of this agreement, and the agreement shall be carried out as nearly as possible in accordance with its original terms and intent.

11 DURATION

11.1 This agreement will commence on the effective date of connection and will endure for an indefinite period on an anual basis, subject to the right of either party to terminate this agreement by giving 3 calendar months notice prior to the commencement of the new annual term.
11.2 Upon termination of this agreement, any outstanding amounts remain payable and have to be settled within thirty (30) days of termination.

12 COMPLAINTS

12.1 All complaints are to be submitted in writing to the following:

Winagain Holdings
P.O. Box 111
Ghanzi
Botswana.