Legal Documents

Below are all the legal documents.

Terms & Conditions

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Privacy Policy

This Policy explains how we obtain, use, process and disclose your personal information during your use of any of the Centracom services, website, applications, products and platforms. This we do in accordance with the requirements of the South African Protection of Personal Information Act (“POPIA”).

At Centracom (Pty) Ltd, we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, purposefully, lawfully and transparently. Please read this Centracom Privacy Policy carefully.

WHAT IS CONSIDERED “PERSONAL INFORMATION”

“Personal Information” refers to private information about an identifiable person, both living natural persons and identifiable juristic persons (organisations or Associations). In Centracom terms it includes details such as name and surname, date of birth, contact details (e.g. home/physical address, postal address, e-mail address or phone number), physical location, credit information, banking details and the method by which you will pay any charges to us which shall include details of that method of payment, acceptable to us, including Debit Order, EFT etc.

Other information to which Centracom is privy and which might be deemed Personal Information may include:

“Access Device and Device event information”: We may collect information such as your IP address, unique device identifier, MAC address, the nature of the Access Device which you use to access our solutions, the geographic location from which you access our site (i.e. the geographic location of your Access Device), hardware model and settings, operating system type and version, system activity, faults.
“Log information”: When you use any of the Centracom solutions, we may automatically collect and store certain information in server logs (which may include “site activity and event information” during your use of our Platform. We also gather this information when our technical staff physically and on an ad hoc basis log into your site to determine faults you may have experienced on our Platform. Additionally, as our business is the provision of Voice and Data services, our systems typically record and store recordings of conversations made over our Platform.
“Profile information”: We regularly validate or update the profile information we hold on you and by which we identify you or an organisation. This information may include details of our interactions with you, correspondence and tickets logged when either you or Centracom identify a fault on one of the solutions we provide to you.
“Location information”: We may use various technologies to determine your actual location and the location of the devices you use to access our Platform, especially when trying to resolve a technical issue
“Unique identifier numbers”: Certain of our hardware components include a unique device number such as a serial number and/or MAC address. This number allows us to identify the customer’s existing installation configuration. Each Centracom customer is also given a unique customer ID number for ease of accessibility to the customer profile and account. Furthermore, device passwords are given to our staff in order for them to access the hardware components making up our solution on the customer sites. This level of identifiable information is required to allow Centracom to properly service the customer account with us.

FOR WHAT AND TO WHOM DOES THIS POLICY APPLY

Any website, product, service, application and/or platform provided by Centracom
To Centracom and to you, namely a user of our website, who may or may not be a customer and any users of our products, services, applications and platforms who are most probably Centracom customers.
This Privacy Policy does not apply to other parties’ websites, products or services, such as websites linked to, from or advertised on any Centracom sites or sites, unrelated to Centracom, which link to or advertise the Centracom site or services.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect and process your personal information through a variety of both active and passive interactions, primarily to support all aspects of a commercial relationship with you and your business allowing us to offer, deliver and maintain our products and services accordingly. In this regard, information collected will relate to both individuals and organisations.

We strive to collect information directly from the individual or organisation to ensure it is accurate and no more than sufficient for purpose. Where possible, we will inform you what information you are required to provide to us and what information is optional.

Website usage information may be collected passively, using “cookies” which allows us to collect standard internet visitor usage information.

We also collect, passively, transactional type information through interrogation of the devices through which you access our Platform in order to receive service

HOW WE USE YOUR PERSONAL INFORMATION

We use the information we collect to provide, maintain, and improve the Centracom services offered, to develop new services, and to protect us, our services and our customers. We constantly strive to improve our customers’ experience and so we also use the information we collect in order to offer you information around solutions which are more appropriately tailored for your specific requirements.

To expand, we may use your Personal Information:

to retain and make available to you information regarding our service
to create your user account/profile with us
as a registered user, to notify and authenticate your identity when you contact us
to maintain and update our customer, or potential customer, database
to fulfil your requests for certain services
to diagnose and deal with technical issues and customer support queries and other user queries
to detect, prevent or deal with actual or alleged fraud, security or the abuse, misuse or unauthorised use of any of the Centracom offerings in contravention of this Privacy Policy and our Acceptable Usage Policy
to conduct product research and development
to provide you with the latest information about our products and services on offer, provided you have agreed to receive such information
to communicate with you and to keep a record of our communications with you and your communications with us
to compile non-personal statistical information about browsing habits, click patterns and access to the Centracom Website
to improve the Centracom service offerings by requesting feedback on our products and services.
to fulfil any contractual obligations we may have to you or any third party
to improve your user experience and the overall quality of our services
to inform you about any changes to any of our products and services, our terms of use, this Privacy Policy or other changes which are relevant to you;
for security, administrative and legal purposes;
for general good customer relations
for assessing your credit worthiness through the use of a credit bureau
for other activities not specifically mentioned which are lawful, reasonable, relevant to our business activities and the minimum necessary and adequate in order for us to provide you with the very best products and service.
We will request your permission before collecting or using your Personal Information for any other purpose outside of the categories above.

DISCLOSURE OF PERSONAL INFORMATION

Centracom reserves the right to disclose information about customers:-

when we contract with our service providers who are involved in the delivery of products or services to you on our behalf. We have agreements in place to ensure they comply with the privacy requirements as required by the Protection of Personal Information Act (“POPIA”).
when we have a duty or a right to disclose in terms of law or industry code of practice.
when we believe it is necessary to protect our rights or defend ourselves against legal claim.
when you have given us explicit legal written consent to allow us to do so.

INFORMATION SECURITY

We are legally obliged to provide adequate protection for the personal information we hold and to take measures to prevent the unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.

Our security policies and procedures cover:

Physical security
Computer and network security
Protection of Personal Information Act (“POPIA”) staff awareness training
Access levels of staff to personal information held by us
Secure communications and email protocol
Security when contracting out activities and functions to 3rd party service providers
Retention and disposal of information
Acceptable usage of personal information
Governance and regulatory issues
Monitoring the usage of personal information
Investigating and reacting to security incidents and breeches
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information, agrees to treat your information with a similar degree of protection as ourselves.

YOUR RIGHTS IN TERMS OF ACCESS TO YOUR INFORMATION

You have the right to request details of all the personal information we hold regarding you and/or the organisation. To do this, simply contact us at the numbers/addresses provided on our website and specify what information you require. We will need a confirmation of identity before providing details of your personal information.

Please note that any such access request may be subject to a payment of a legally allowable fee.

YOUR RIGHTS IN TERMS OF CORRECTION OF YOUR INFORMATION

You have the right to ask us to update, correct or delete your personal information provided such requests do not negatively impact our ability to complete our contractual obligations to you. We may require confirmation of your identity before making changes to such information.

CHANGES TO OUR PRIVACY POLICY

Centracom reserves the right to make changes to this privacy policy or update it. Where a major change is made, customers will be informed by e-mail notification or through a notice on our website. Customers and website visitors bear the responsibility to ensure that they have read the changes or updates as the case may be.

HOW TO CONTACT US

If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the numbers/addresses listed on our website and ask for our Information Officer

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Fibre Promotion Terms & Conditions

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Hardware Maintenance T&C's

Centracom agrees to:-
1. Maintain the Equipment in an efficient operating condition for the duration of this Agreement.
  
  The service charge shall cover: –
  1. Labour, travelling time and expenses incurred by Centracom.
  2. Consumable materials required to maintain the Equipment subject to the exclusion contained in Clause 2 of this Agreement.
  3. Exceptional repairs and service consequent on the clauses listed under Clause 2 will be carried out only at the Customer’s written request and if Centracom agrees to undertake the work. Centracom’s rate, prices and terms then in force will apply to such work.
2. Provide Software Maintenance
Maintenance service does not include:-
1. Faults caused by PSTN or any other service provider or any other third party. (Please be aware that it is currently TELKOM’s requirement that your PABX supplier has to physically identify the Telkom line that is faulty before they will respond. Any resulting charges would not be for Centracom’s account)
2. Service consequent on movement and/or alteration to the Equipment, unauthorised by Centracom or the Equipment’s connection to other equipment, attachments, devices, lines or software which does not comply with the interface specifications of Centracom.
3. Repair and damage or increases in service time resulting from force majeure, fire, water, lightning, surges/dips/failures etc in the main electricity supply, Telkom or any other service provider faults or failures, accident, neglect, misuse or use other than that for which the Equipment is designed, failure of electrical power, air-conditioning or humidity control.
4. Making specification changes or performing services concerned with the relocation of the Equipment or adding or removing accessories, attachments or other devices.
5. Those operator or user functions, which should be carried out by the Customer in terms of the operator and user manuals, supplied by Centracom.
6. Adjustments, alterations or repairs required to protect the Equipment against interference external to the Equipment caused by radio waves, induction or other sources.
7. The supply and installation of replacement batteries.
8. Any facility changes requested by the Customer.
9. The replacement of any cabling external to the Equipment.
10. Any repairs or service required by the Customer due to misuse or negligence or outside normal working hours (08H00-16H30 MONDAY TO FRIDAYS EXCL PUBLIC HOLIDAYS).
11. Any additional Operators and User training, subsequent to the training provided with the implementation of the equipment.
Any alterations, attachments, features or specific changes made to the Equipment after the signing of this Agreement will result in an adjustment to the maintenance charges.
Centracom reserves the right to subcontract the maintenance service of this Agreement provided that obligations to the Customer shall not in any way be diminished.
Centracom shall not be held responsible for failure to render service when prevented from doing so by strikes, floods, fire, civil disturbance or any other causes beyond its control.
Centracom shall not be liable for injuries or damage to property or persons. Centracom shall not be liable for any loss or damage should it be unable to fulfil any terms or conditions of this contract on account of delay, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious interference, act of God or by any cause beyond its reasonable control or by reason of any parts or Equipment being unobtainable in South Africa. Centracom shall in any event not be liable for consequential damage.
Centracom shall be entitled to appropriate any payment made by the Customer to any amount owing by the Customer to Centracom.
The Customer agrees to: –
1. Provide access at any time during normal working hours to any authorised representative of Centracom for any of the purposes of this Agreement
2. Report all service requests through the Centracom Help Desk and furthermore, undertakes not to utilise any of Centracom’s associated cell phone numbers to log such service requests.
3. Provide a minimum of 2 persons as principle “System Managers” for the Equipment if required and Centracom will train them in its use. Should the Customer require their “System Managers” to undergo further training on the equipment, Centracom will train them in its use at an additional charge to the Customer. The Customer shall notify Centracom in writing of any changes in these personnel.
4. Pay Centracom at the rate specified in clause 12 of this Agreement, such rate being inclusive of service, parts and labour.
5. Pay amounts due to Centracom within seven days of date of invoice failing which Centracom may summarily and without notice suspend the supply of service until all outstanding amounts due to Centracom are paid.
6. Not do anything or allow anything to be done which may in any way prejudice the proprietary rights of Centracom, or its licensees in and to the Equipment and/or any related software.
If the Customer is in breach of any of its obligations under the Agreement then without prejudice to any other remedy it may have, including the right to cancel this Agreement, Centracom shall be entitled to suspend performance of its own obligations until the breach is remedied.
No extension of time or other indulgence granted by Centracom to the Customer shall be construed as a waiver of any of Centracom’s rights hereunder and shall not in any way prevent Centracom from enforcing such rights.
In the event of Centracom instructing its attorneys to take steps to enforce any of its rights under the Agreement, the Customer shall pay to Centracom on demand such collection charges and other legal costs on an attorney and client basis as shall be charged to Centracom by its attorneys.
The term of this Agreement will run concurrently to the term of the Hardware detailed in the COF/s, unless otherwise stipulated in writing by Centracom. Maintenance is provided free for the first twelve months after acceptance of the installation. Second and subsequent years’ maintenance will be charged at Centracom rates in force at that time (these are available on request). Maintenance charges will be debited monthly in advance and will be escalated by a minimum of 10% per annum. Thereafter the Agreement will continue for an indefinite period subject to the right of the customer or Centracom, to terminate the agreement upon not less than 90 days written notice.
Centracom recommends that clients comprehensively insure the equipment at their own costs against all risk including acts of God, power surges and lightning, and maintain such insurance policy for the duration of this contract, and if the Rental Agreement is signed, the customer is obliged to insure in accordance with the said Agreement.
Any notice in terms of this Agreement shall be in writing and be sent by pre-paid registered post to the other party at the domicilium citandi et executandi set out hereunder, and shall be deemed to have been received by the addressee on the fifth (5th) day of the posting hereof.

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Hardware-Rentals T&C's

Centracom hereby rents to the Company which hires on the terms and conditions herein and in accordance with the provisions of Clause 19 from the commencement date specified in the Rental Agreement, the hardware described therein for the rental payable at the rental payment frequency and for the rental period stated therein. The parties agree that a breach of any one of the separate Agreements as constituted shall be deemed, at Centracom’s election, to be a breach of any or all Agreements with the Centracom.
COMPANY OBLIGATIONS
1. Company acknowledges and warrants that:
  1. the hardware have been or will be purchased by the Centracom at the request of the Company and solely for the purpose of renting the hardware to the Company
  2. the hardware has been selected by the Company;
  3. Centracom gives no warranties in connection with the hardware and the hardware is rented voetstoots by the Company;
  4. All warranties implied by common law are expressly excluded;
  5. No representations of any nature whatsoever in connection with the hardware are made by or on behalf of Centracom.
  6. Company has inspected the hardware prior to signature of this Agreement and that Company is in all respects satisfied therewith.
2. All risks including the risk of destruction or loss of the hardware shall pass to the Company on signature of this Agreement. All costs in respect of the delivery and/or installation of the hardware shall be paid by the Company.
3. The Company shall be obliged to take whatever steps as may be necessary to prevent the destruction or loss of the hardware. The Company shall acquaint itself with the terms and conditions of any insurance policy issued pursuant to 5.1 and undertake to do everything that may be necessary to ensure compliance with the terms and conditions of such insurance policy.
4. Centracom shall at all times be and remain the owner of the hardware and neither the Company nor any other person on Its behalf shall at any stage before or after the expiry of this Agreement or after the termination thereof acquire ownership of the hardware.
5. The Company has no authority to order or purchase on behalf of Centracom or to act as an agent for Centracom, except that the Company shall be deemed to accept the hardware on behalf of Centracom when the hardware is delivered by the supplier to the Company and the Company acknowledges that the hardware is delivered by the supplier on behalf of Centracom.
6. The Company is obliged to obtain the required permission for the installation of the hardware on the premises referred to in the Transaction Schedule/s and to procure such installation by the supplier of the hardware or its authorized agent.
7. The parties hereby specifically agree that this Agreement applies only to the rentals and amounts payable in respect of the hardware as set out herein and the Transaction Schedule/s and that such rentals and amounts do not include any payments in respect of maintenance and other services of whatever nature. The parties furthermore specifically agree that the non-performance of any of the terms and conditions of any Agreement other than an Agreement specifically included herein in respect of the hardware, or its maintenance will not be raised as a defense against any claim for the payment of any amount payable in terms of this Agreement.
8. The Company shall not be entitled to resile from this Agreement or withhold payment of any amount due hereunder by reason of the late delivery or non-delivery of the hardware or any defect therein or part thereof, nor shall the Company have any claim against Centracom for any loss or consequential damages suffered by it as a result thereof.
PAYMENT
1. The Company shall pay to Centracom the rentals set out in the Transaction Schedule/s. All such payments or any other payments owing in terms of this Agreement shall be made without deduction of any nature.
2. The Company shall not be entitled to withhold payment of any Rentals for any reason whatsoever or be entitled to claim any remission of rental in any circumstances.
3. All payments in terms of this Agreement shall be made without set off or deduction or withholding of any nature, free of bank or other charges at the Centracom’s address or at such other place as the Centracom or its Cessionary/ies may direct in writing.
4. If the Company fails to effect any payment in terms of this Agreement on the due date thereof such overdue amount shall be subject to the ruling prescribed rate of interest.
5. Centracom may appropriate any payments made by or on behalf of the Company to any indebtedness of whatsoever nature of Company to Centracom.
6. If so required by Centracom, the Company shall complete and deliver to Centracom a banker’s debit order document in such form as Centracom may require or promissory notes or such other money market instruments as called for in payment of future rentals, which shall not be construed or regarded as substituting varying, or novating the Company’s obligation under the Agreement. Notwithstanding the aforegoing the Company’s signature hereto constitutes the Company’s authority to Centracom or his Cessionary/ies to draw against the Company’s bank account wherever it may be, the amounts due in terms of this Agreement. Should Centracom agree to electronic funds transfer the Company shall pay Centracom an administration fee of R45.00 per month or R135.00 per quarter.
INTEREST RATES & VAT
1. Should the Prime Rate be increased or reduced at any time above or below (as the case may be) the Prime Rate ruling at the date of this Agreement, the Centracom shall be entitled (but not obliged), at any time thereafter to increase or reduce the rentals specified in the Transaction Schedule/s as to maintain the same margin in relation to the Prime Rate which existed at the date of signature of this Agreement. For all purposes in terms of this Agreement, “Prime Rate” shall mean the publicly quoted basic rate of interest per annum (as certified by any Manager of Centracom whose authority and/or appointment and/or qualification it shall not be necessary to prove) compounded monthly, at which Nedbank lends in South African Rand to first class corporate borrowers from time to time on overdraft.
2. The Company acknowledges that in terms of the Value Added Tax Act (“VAT”), VAT at the prevailing rate as at date of signature hereto has been included in each rental. In the event of any change in the rate at which VAT is payable and/or in the amount of VAT payable in respect of the rental payments, the rentals which fall due on or after the date of said change shall be recalculated accordingly and the said recalculated rentals shall substitute the rentals which were calculated at the old rate.
3. Any dispute relating to any adjustment in terms of 4.1 and/or 4.2 shall be referred to any partner of Centracom’s then auditors who shall act as an expert and whose decision shall be final and binding on the parties hereto.
INSURANCE
1. The Company is obliged to insure the hardware for not less than the replacement cost thereof against all risks including political riot cover. Company shall ensure that Centracom’s interest in the hardware and this Agreement is noted by the insurer in the policy and shall produce satisfactory proof thereof to Centracom. Company hereby cedes to Centracom as security for the due performance of Company’s obligations in terms of this Agreement all of Company’s right, title and interest in any insurance policy effected in terms of this Agreement and undertakes to deliver such policy to Centracom on demand. If Company fails to insure the hardware, or fails to produce to Centracom written proof of such insurance within 14 (fourteen) days from date of demand, the Centracom shall be entitled to effect such insurance as it deems fit on Company’s behalf, the premiums in respect of which shall be payable by Company to Centracom on demand.
2. The Company is hereby given notice of its right of free choice in connection with its insurance obligations in terms of section 43 of the Short Term Insurance Act 53 of 1998. The Company represents and warrants that it has read, understood and is fully acquainted with the aforesaid provision. By signing this Agreement, the Company acknowledges that:
  1. it has been given prior written notice of its entitlement of the freedom of choice referred to in the said Act;
  2. it exercised that freedom of choice;
  3. it was not subject to any coercion or inducement as to the manner in which it exercised that freedom of choice.
3. If the hardware or any part thereof is lost, stolen or damaged irrespective of the cause, the Company must notify in writing Centracom and insurer immediately.
4. The Company shall be obliged to pay any excess that may be payable in terms of an insurance policy issued pursuant to 5.1.
MAINTENANCE
1. The Company shall at all times keep the hardware in its possession and under its control and shall take reasonable care in the use of the hardware. The Company shall at its own expense maintain the hardware in proper working order and keep the hardware free from attachment hypothec, or other legal charge or process. The Company shall not sell, let, loan, pledge, transfer or otherwise encumber the hardware in any way or permit any lien to arise in respect of the hardware. The hardware shall be operated at the Company’s cost and be controlled only by properly trained, licensed and qualified persons. The Company shall comply with the specifications, instructions and recommendations of the manufacturer for the operation, service, maintenance and/or repair of the hardware or part thereof.
2. The Company may not materially alter or modify the hardware. Any part or accessory added to the hardware shall become Centracom’s property without any compensation.
3. The Company shall at all reasonable times permit Centracom or its representative to inspect hardware.
4. The Company shall at its own expense apply for all licenses, certificates or exemptions that may be required for or in connection with the ownership or use of the hardware.
5. The Company admits and agrees that the hardware is moveable and that the hardware is installed with the intention that the hardware shall remain moveable and that it shall under no circumstances accede to any property.
6. The Company may not without the prior written consent of Centracom remove or keep the hardware or permit or allow it to be removed or kept outside the boundaries of the Republic of South Africa.
ADDRESS
1. The hardware will be kept at the address/es stated in the Transaction Schedule/s and Company shall forthwith upon signature of this Agreement notify Centracom in writing of any other premises to which the hardware is moved and of the name and address of the owner of such premises. The Company shall also notify Centracom immediately of any changes that may occur from time to time in the leasehold or ownership of the premises upon which the hardware may from time to time be installed or kept.
2. Prior to the hardware being brought onto or installed in any premises the Company shall notify the owner and/or Lessor of such premises in writing of Centracom’s ownership in the hardware and the Company shall notify each new owner or Lessor of such premises in writing immediately when a change in the ownership or leasehold of the premises takes place.
DEFAULTING PAYMENT
1. If the Company defaults in the punctual payment of any monies as it falls due in terms of this Agreement; or fails to comply with any of the terms and conditions of, or its obligations under this Agreement or commits any deed of insolvency or being a natural person, assigns surrenders or attempts to assign or surrender his estate, or allows a default judgment to remain unsatisfied for a period of seven days or be refused rescission within fourteen days of any default judgment or is sequestrated or placed under business rescue or wound up, whether provisionally or finally or abandons the hardware, or compromises with any of his creditors or endeavors or attempts to do so, or makes any incorrect or untrue statement or representation in connection with this Agreement or the Company’s financial affairs or any particulars relevant there to, or breaches any warranty given in terms of this Agreement, or does or allows to be done anything that might prejudice Centracom’s rights under this Agreement then and upon the occurrence of any of these events Centracom may without prejudice to any of its rights elect to:
  1. remotely access the hardware and limit use thereof, and
  2. claim immediate payment of all amounts which would have been payable in terms of this Agreement, all legal costs including legal expenses on the attorney client scale and, as agreed pre-estimated liquidated damages, the aggregate of the rentals which would have been payable had the Agreement continued until expiry by effluxion of time; or
  3. immediately terminate this Agreement, take possession of the hardware, retain all amounts already paid by the Company and claim all outstanding rentals, all legal costs including legal expenses on the attorney client scale and, as agreed pre-estimated liquidated damages, the aggregate of the rentals which would have been payable had the Agreement continued until expiry by effluxion of time.
CESSATION
1. Centracom is entitled to cede without notice to the Company all or any of Centracom’s rights under this Agreement including its rights of ownership in the hardware or any of them, either absolutely or as collateral security, to any other person or persons and whether such cession is made to the Cessionary/ies alone or to the Cessionary/ies jointly and severally with Centracom or any other person or persons, and if such cession occurs, the Company shall, if so required by any such Cessionary/ies, make all payments direct to such Cessionary/ies. Any reference in this Agreement to Centracom shall, unless the context indicates otherwise, be construed as referring to the Cessionary/ies. The Company hereby undertakes to accept the cession and to acknowledge the rights of the Cessionary/ies in terms of this clause and to hold the hardware on behalf of the Cessionary/ies, subject to the conditions of this Agreement.
2. The Company agrees, that in the event of such cession, to the extent that any such Cession or delegation results in the splitting of claims the Company hereby consents in advance to such splitting of claims.
3. This Agreement is personal to the Company and the Company shall not in any circumstances be able to make over any of his rights and/or obligations hereunder without prior written consent of Centracom.
Should the Company fail to comply with any of the provisions of this Agreement, Centracom shall be entitled but not obliged to effect such compliance on behalf of the Company. All costs and expenses incurred by Centracom in effecting such compliance or otherwise in protecting its title to the hardware shall be paid by the Company to Centracom on demand.
TERMINATION
1. Notwithstanding the provisions of this Agreement should the Company in breach of its obligations fail to return the hardware on termination of this Agreement then in addition to any other claims that Centracom may have against the Company pursuant thereto, the Company shall be liable to continue to pay rentals to Centracom as if the Agreement had not been so terminated.
2. The Company shall, on termination of this Agreement, return the hardware in good working order, fair wear and tear permitted, together with all applicable documents to Centracom at the Company’s cost and expense.
3. Upon the return of the hardware in accordance with 11.2 Centracom may dispose of the hardware at such time and place and on such terms and conditions as Centracom may determine. The Company shall then have no further right or interest in the hardware.
4. If any of the hardware, hired in terms of this Agreement, is lost or stolen and not recovered within a period of 21 (twenty one) days after such loss or theft or is damaged beyond repair, this Agreement shall terminate forthwith in respect of such hardware, provided that such hardware may, at Centracom’s election be replaced with similar hardware, in which event this Agreement shall apply mutates mutandis to such replacement hardware.
5. On termination of this Agreement in pursuance of 11.4. the proceeds of any claim under and in terms of an insurance policy referred to in 5.1 shall be paid to Centracom and shall be credited against the balance of rentals that remain unpaid in respect of the hardware lost or destroyed immediately prior to termination of this Agreement as provided for in 11.4. The Company, however remains liable for any outstanding rentals and the aggregate of the rentals which would have been payable had the Agreement continued until expiry by effluxion of time that may remain unpaid after the crediting of the proceeds of the insurance claim and such outstanding rentals be paid on demand by Centracom.
A certificate under the hand of any manager of Centracom, as given from time to time, in respect of the indebtedness of the Company in terms of this Agreement or in respect of any other fact shall be prima facie evidence of Company’s indebtedness to Centracom and/or such other fact. It shall not be necessary to prove the appointment of the person signing such certificate.
No relaxation or indulgence granted or given by Centracom to Company shall be deemed to be a waiver of any of Centracom’s rights in terms of this Agreement and such relaxation or indulgence shall not be deemed to be a novation of any of the terms and conditions of this Agreement.
NON VARIATION
1. This Agreement constitutes the sole and exclusive record of the Agreement between the parties hereto relating to the subject matter thereof, and no variation, modification, consensual cancellation, novation or waiver of any of the provisions hereof, or any consent to any departure therefrom by either party, shall be of any force or effect or create any estoppel unless the same shall be reduced to writing and signed by the parties hereto.
2. The Company specifically records and agrees that there are no collateral terms to this Agreement which have not been recorded herein and accordingly the Company shall not be entitled to secure a rectification of any of the terms and conditions of this Agreement.
COSTS
1. All costs and disbursements, including legal costs on the attorney client scale incurred by Centracom in recovering possession of the hardware or in tracing the Company and locating the hardware and in collecting or endeavoring to collect all or any amounts payable by the Company to Centracom in terms of this Agreement or otherwise and all collection commissions, storage charges, costs of valuation of the hardware, costs of sale including costs of restoring hardware to a saleable condition, selling commission, dismantling and removal charges and all other fees and charges shall be for the account of the Company and are payable on demand as and when incurred.
2. All costs in respect of documentation and administration fees shall be paid by the Company.
This Agreement shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa.
JURISDICTION
1. The Company hereby consents to the jurisdiction of the Magistrates Court having jurisdiction over its person in respect of all proceedings in connection with this Agreement.
2. Notwithstanding the aforesaid, Centracom shall be entitled to institute any proceedings in connection with this Agreement against the Company in any division of the High Court of South Africa having jurisdiction.
The parties hereby respectively choose domicillum citandi et executandi for all notices and processes to be given and served in pursuance of this Agreement at their respective addresses as given on the face of this Agreement. Either party may change his domicillum by written notice delivered by hand or sent by prepaid registered post to the other party.
This Agreement shall continue after the rental period subject to the conditions contained herein, for an indefinite period until terminated by either of the parties giving the other 90 (ninety) days written notice of termination, provided that the notice shall not be given before expiry of the number of months reflected against Rental Period in the Rental Agreement
All words and phrases importing any one gender includes each of the other genders for the purposes hereof and the singular includes the plural and vice versa.
The Company consents to the Centracom or its Cessionary/ies making enquiries about the Company’s credit record with any credit reference agency and any other party to confirm the details on this application. The Centracom or its Cessionary/ies may also provide credit reference agencies with regular updates regarding how the Company manages its account including their failure to meet agreed terms and conditions. The Company consents that credit reference agencies may, in turn, make the records and details available to other credit grantors. The Centracom or its Cessionary/ies may also give this information to any person, who, in its opinion, needs it to carry out any of the Centracom or its Cessionary/ies’s rights or duties in terms of the contract or any law pertaining to the products the Company has requested.
The Company, if subject to the provisions of the Public Finance Management Act 1 of 1999, the Schedule/s and Regulations thereto, as amended, (the PFMA”), warrants to the Centracom that it has complied with all the provisions of the PFMA, the Schedule/s and Regulations thereto, as amended, in relation to the Agreement and any security referred to, and undertakes that it will continue to do so for the duration of the Agreement and the Company hereby indemnifies the Centracom and holds it harmless against any claim, loss or expense (including consequential damages) loss of revenue and profits, legal costs on a scale as between an attorney client, and any other costs arising out of or in connection with or which may be sustained or incurred by the Centracom as a direct or indirect consequence or any breach by the Company of provisions of the PFMA, the Schedule/s and Regulations thereto, including but not limited to any innocent or negligent misrepresentation by the Company to the Centracom. The Centracom shall be entitled to exercise its rights immediately upon there being a breach by the Company of this warranty.

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Fair Usage Policy

This Policy forms part of the Agreement between the Client and Centracom and is binding on the Clients using certain Centracom’s Connectivity services.

Centracom is bound, through its Wholesale Agreements with various connectivity providers, to each Wholesale Suppliers Fair Usage Policies (FUP).

The following FUP’s are specifically documented below, with other wholesale suppliers’ FUP’s being available on request:

Liquid’s NeoBroadband Fibre

When a Liquid NeoBroadband Fibre Clients monthly ‘Soft Cap’ limit is reached, their line speed will be halved for the remainder of the month. No further restrictions or limitations will be placed on your line while it is rate-limited. The link will remain uncapped and unshaped during this period. At the beginning of each new month of service, the link speed will revert to its base profile.

Speed Up To	Soft Cap	Rate Limit
5 Mbps	750	2.5 Mbps
10 Mbps	1 500	5 Mbps
15 Mbps	2 250	7.5 Mbps
20 Mbps	3 000	10 Mbps
30 Mbps	4 500	15 Mbps
50 Mbps	7 500	25 Mbps
100 Mbps	15 000	50 Mbps
200 Mbps	30 000	100 Mbps
500 Mbps	50 000	200 Mbps
1000 Mbps	100 000	250 Mbps

Vodacom Broadband Wireless

The Vodacom AUP is designed to assist in protecting the Vodacom Network, the service, our Users and the Internet community as a whole from improper and/or illegal activity over the Internet, to improve service and to improve service offerings. As stipulated in this policy Vodacom reserves the rights to monitor usage and apply certain restrictions if need be.

Customers that reach their monthly usage limit on Broadband Connect Wireless Premium will be placed in a scavenger class of bandwidth reserved for customers that have reached their limit for the month where they will be throttled to 25% of their subscribed line speed. This will negatively affect their throughput depending on how many customers they have to contend with for the available bandwidth in the scavenger class. The monthly usage limit will reset at the start of every month. Please refer to the table below for the AUP limit indicators;

Speed Up To	Soft Cap	Rate Limit
2 Mbps	279	25 %
4 Mbps	334	25 %
8 Mbps	440	25 %
10 Mbps	495	25 %
20 Mbps	894	25 %
30 Mbps	1204	25 %
40 Mbps	1432	25 %
80 Mbps	2148	25 %

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Acceptable Usage Policy

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IECS License

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IECNS License

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POPIA Compliance

In September 2019, Centracom formally appointed its internal Information Officer who would, together with a senior member of the management team, be responsible for creating the POPIA compliance framework, determine the actions required in order to comply and assume responsibility for implementation of all identified requirements.

In seeking compliance Centracom has:
- Completed an information security risk assessment and implemented actions to enhance the protection of the personal information we process. This has included physical, technical and administrative safeguards
- Created a number of internal policies referencing POPIA including a detailed Information Security Policy and Privacy policy, amongst others.
- Created and delivered POPIA awareness presentations and training to all staff and included this on the induction programme for all new staff take-ons. Additionally, provided all staff with POPIA quick reference guides and a simple and comprehensive interpretation of the entire Act together with practical examples of workplace ‘do’s’ and ‘don’ts’ under the Act.
- Had staff sign Confidentiality Agreements in terms of the personal information they work with, highlighting their responsibilities in line with POPIA requirements and the consequences for them of non-compliance either by negligence or malfeasance on their part.
- Developed and documented processes for the reporting of data breeches and/or the receipt of complaints or requests for information
- Significantly reduced the amount of ‘paper’ around the office environment with digitalization of previous paper information and the off-site secure storage of files and documents under an arrangement with a secure document management provider.
- Reviewed existing access rights of all staff to certain information and limited this access on a ‘need to know basis through the introduction of system or platform restrictions
- Reviewed our supplier and 3rd party service agreements and is currently in the process of amending all such agreements to include POPIA specific clauses relating to the processing and protection of personal information on our behalf, the safeguards we expect and our right to audit such safeguards.
- Had the internal Information Officer and POPIA representative on the senior management team, attend external training sessions on POPIA to ensure their knowledge expands in depth and remains current.
- Implemented a review of existing information retention strategies across defined information categories and in terms of legal, regulatory and fiduciary requirements to ensure personal or confidential information is not retained for longer than is necessary under these dictates.
The actions above reflect a portion of the time and commitment we have expended, over the last year, in order to support the principles contained in the Protection of Personal Information 2013. We are confident that the POPIA compliance framework we instituted a year ago, and within which we continue to work, constitutes a more than reasonable assessment of compliance. The introduction of all policies, processes and POPIA compliance activities, have been overseen by Michael Aitken our Managing Director of Centracom and by our Attorneys.

Our Information Officer will be happy to provide evidence of all such activities performed and supporting documentation, during a scheduled meeting at our offices should you so require.

Legal Documents

Terms & Conditions

Privacy Policy

Fibre Promotion Terms & Conditions

Hardware Maintenance T&C's

Hardware-Rentals T&C's

Fair Usage Policy

Acceptable Usage Policy

IECS License

IECNS License

POPIA Compliance

POPIA Certificate

BEE Certificate 2022

VOIP call sheet

Reseller Terms and Conditions (contact Channel Manager for password)

Wholesale Reseller Terms and Conditions (contact Channel Manager for password)

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