TERMS & CONDITIONS
By Viewing this Agreement, You agree to the following
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- This agreement commences upon signing of this agreement or any of its Addendums (which does not exclude viewing the Terms and Conditions on our website – synonymously stating that “ignorance is not bliss”) and is binding.
- This agreement is on a month-to-month basis and not a pay as you use that needs to be paid before the 7th of the Month for the Month’s Usage (upfront payment). The client remains liable for the full month’s fee if the services has been suspended due to late / non-payment.
- A minimum waiting period applies before a package downgrade may be requested. Clients subscribed to packages of 20 Mbps and higher are subject to a 6-month waiting period, while clients subscribed to packages below 20 Mbps are subject to a 12-month waiting period. The applicable waiting period is determined by the package selected at the time of sign-up
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Clients who sign up for a package that includes free or discounted installation and/or a free or discounted router, or whose package is changed as part of an upgrade or downgrade promotion, are subject to a minimum waiting period of 6 months for packages of 20 Mbps and higher, and 12 months for packages below 20 Mbps. Should the client cancel the service before the applicable minimum period has expired, the client will be liable for the full value of the Wireless Access Point (WAP), valued at R4,500, which will be invoiced accordingly.
- The client will not be entitled to withhold or reduce any payment or hold the service provider liable for damages in case of disruption, delay or suspension of services for whatsoever reason.
- The CPE (Client (JND) Premises Equipment): Licensed Interface / Antenna, POE (Power Over Ethernet), aluminium pole and bracket, remains the property of JND PC and Peripherals and must be returned to us upon termination of the service.
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While the Customer Premises Equipment (CPE) remains in service at the client’s premises, the client is responsible for ensuring that the equipment is insured against theft and accidental damage, as covered under a standard short-term insurance policy. If the client does not have suitable insurance, the client will be liable for the full cost of repairing or replacing the equipment in the event of theft or damage. If a faulty unit is replaced, the service may not be cancelled within the applicable 6-month period for packages of 20 Mbps and higher, or the 12-month period for packages below 20 Mbps, following the replacement. Should the client cancel the service before the applicable period has expired, the full replacement value of the Wireless Access Point (WAP), amounting to R4,500, together with the applicable call-out fee, will be invoiced to the client’s account instead of the partial interface replacement cost of R750 plus the applicable call-out fee.
- All other equipment installed is purchased from JND PC and Peripherals and ownership transfers once fully paid. Most equipment comes with warranties, it remains equipment under your care and needs to be maintained/operated in accordance with the supplier specifications. Any after sales support on this equipment which is not covered by the manufacturer’s warrantee, or that does not clearly point to a faulty installation by JND PC and Peripherals will be charged to the client.
- JND PC and Peripherals is not required but will attempt to notify the client in advance of any interruption, delay, or suspension of services. The service provider undertakes to maintain the software and operations of the wireless devices (erected outside the client’s premises that links with the service providers services).
- The client may not have any rights and/or liabilities ceded under this agreement unless prior written consent from the service provider is obtained beforehand. The service provider will be allowed to have their rights and/or obligations in terms of the agreement ceded.
Basic Installation Includes:
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- Travelling
- Installation, programming and activation
- 30m or less CAT5e UV cable
- CPE with POE
- One standard exterior wall mount bracket & up to 9m aluminum pole
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Free installation and a free router are available on qualifying packages, subject to the applicable terms and conditions and the relevant 6-month or 12-month minimum period.
Additional/ Extra charges apply:
- Installation of switches, Wi-Fi hotspots, Extenders, VOIP connections etc
- Special installations (e.g. non-penetrating roof mount, extension pole, wall jack, additional cabling more than 30m etc)
- The ownership of wireless equipment used to connect to the service provider’s network remains that of the service provider.
- The client must ensure the necessary safety of the equipment.
- If the equipment is damaged, destroyed, disposed of/or stolen, regardless of the cause, including lightning damage and damage caused by electrical undulations, the client will be liable for damages.
- If the agreement is cancelled, the wireless equipment will be collected by the service provider in the same condition as received. The service provider will contact the client and agree on a time and date after which an agent of the service provider will remove the wireless equipment. If the service provider receives no cooperation in this regard from the client, the service provider will immediately remove all wireless devices with or without the consent of the client and the latter indemnify the service provider or its agent against a criminal charge of trespassing if the equipment is removed.
- If the service provider cannot recover the equipment, the replacement cost, thereof will be invoiced to the client. and an additional 15% will be charged to cover legal fees.
- The client is aware that changes could be made to the MOA relating to the conditions of service, and these changes will be applicable to his/her/their service agreement. The latest version of the MOA can be found on the JND website and will always contain the relevant set of terms and conditions.
Cancellation of the Agreement:
- Either party may cancel this agreement given notice by way of e-mail (accounts@jnd.co.za) or WhatsApp (066 234 6115), provided a 1 calendar month written notice (30 consecutive day’s starting on the first day of a month) is given preceding the date of prospective return. The invoice is due on receipt and not due before the 7th of the following month. This means that the Client needs to contact us on the date the Invoices are mailed out / at the End of the Month to submit the request in Writing. No Telecommunications will be regarded as proof for the cancellation.
- The CPE (Client (JND) Premises Equipment): Licensed Interface / Antenna, POE (Power Over Ethernet), aluminium pole and bracket remains the property of JND PC and Peripherals and must be returned to us upon termination of the service / ensured that we are able to retrieve it from the premises if you no longer reside at the installed address.
- If the agreement is cancelled, the wireless equipment will be collected by the service provider in the same condition as received.
- The service provider will contact the client, and they will agree on a time and date after which an agent of the service provider will remove the wireless equipment. If the service provider receives no cooperation in this regard from the client, the service provider will immediately remove all wireless devices with or without the consent of the client and the latter indemnify the service provider or its agent against a criminal charge of trespassing if the equipment is removed.
- The equipment will be tested after removal. If the equipment is not in a working condition or damaged, the client will be invoiced for the non-working or damaged equipment.
- If the service provider is unable to recover the equipment, the replacement cost will be invoiced to the client. The client will be invoiced for every site visit conducted to recover the licensed equipment on site. Suitable arrangements can be made to settle the outstanding amount. Should we not receive the necessary cooperation, the account will be handed over for further collection, and an additional 15% will be charged to cover legal fees.
Indemnity (Report within 48 Hours):
- The client acknowledges the risk and is fully aware of the real risk and danger acquainted with installation of the service provider’s equipment and installation process thereof and shall have no claim against the service provider or one of its employees in respect thereof.
- The client hereby indemnifies the service provider, agents or employees and representatives from any injury, loss or damage to property which may be sustained from and any cause arising as a result of the installation of the service provider’s equipment or maintenance thereof.
- The service provider will take the utmost care during the installation process and any future installation(s), repair work or maintenance thereof.
- The service provider shall perform the installation to the best of their abilities. Procedures may vary depending on the specific premises, housing and roofing conditions where the equipment should be installed. No warranties, guarantees or assurances will be given on installation and the client will not hold the service provider and its employees, agent and representatives liable for any defects, damages relating to the installation of the service provider’s equipment.
- Further the client shall indemnify the service provider and its employees, agents and representatives harmless from any claims, demands or legal action arising out of the installation of the service provider’s equipment.
Payment and Non-Payment of Accounts:
- Monthly invoices and updated statement will be sent via e-mail by the 20th, payable monthly in advance – due before the 7th of the month.
- If the client fails to pay by the 7th of the month, you need to pay an additional amount until your credit covers your subscription by the Due-Date. Your services will be suspended, and a reconnection fee will be charged at R100.
- Any monies due to JND PC and Peripherals due to non-payment or cancellation of this contract, either by the service provider or you, the client, and is not paid within 30 days, and for the purpose of all proceedings in terms of this agreement, the client agrees to the jurisdiction of the Magistrate’s Court, even in the event of the proceedings taking place in another Court’s jurisdiction.
- This paragraph serves as written consent concerning the jurisdiction of the Court as intended in terms of Section 45 of the Magistrate’s Court Act, (Act 32 of 1944) as amended, with the understanding that JND PC and Peripherals has the right to, within his own discretion and choice, institute action in any other competent Court.
- Furthermore – any costs accumulated by the Legal Team to collect the balance from you will also be for your account and will under no means be waivered / written off if payment was made to us (the Service Provider) directly
- Kindly be advised that our Accounts Department is unavailable after 17:00. Your enquiry will be attended to on the next business day from 08:00, if your request is urgent and needs to be handled outside normal business hours, an additional fee of R550 will apply.
Short Version Terms & Conditions:
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While the Customer Premises Equipment (CPE) remains in service at the client’s premises, the client is responsible for ensuring that the equipment is insured against theft and accidental damage, as covered under a standard short-term insurance policy. If the client does not have suitable insurance, the client will be liable for the costs of repairing or replacing the equipment in the event of theft or damage. If a faulty unit is replaced, the service may not be cancelled within the applicable minimum period of 6 months for packages of 20 Mbps and higher, or 12 months for packages below 20 Mbps, following the replacement. Should the client cancel the service before the applicable period has expired, the full replacement cost of the unit, together with the applicable call-out and labour fees, will be invoiced to the client’s account, rather than only the partial replacement cost of R750.00. An additional 15% may also be charged for legal fees, where applicable and legally recoverable.
- Failure to settle the invoice in full may result in downtime of services rendered to the client until full payment has been received and confirmed. (I also agree to pay any additional costs that JND PCs would encounter to collect any outstanding payments). I understand if my Debit/Stop Order gets returned for any reason, I will pay a R100-00 administration / penalty fee.
- Please ensure to use your name and surname or invoice number as beneficiary reference when making payment to our account, if the references is incorrect, there will be a R100.00 tracing fee penalised to your account.
- Payment made to any Invoices will be regarded as accepting our T’s & C’s irrespective when they were last updated.
- Reading of this document, I understand that the services will be rendered on a monthly basis with a consecutive 30-calendar day written notice period (from the 1st to the 28th / 30th or 31st) for cancellations.
- The client will remain liable for the monthly subscription (the rental of the CPE) even if the client decides to not use the service (e.g. relocation without notifying JND). The service can be cancelled if the client does not require the service any more or fails to render at least the monthly fee for the company equipment of which the equipment will be recovered from the premises, if this is not adhered to. Until such time, the client is still bound by the terms and conditions of this service.
- JND PC’s Internet Services (“we”, “us”, ‘our”) has agreed to provide you the client with the services monthly and any other items you the client have chosen to use for the applicable fees and charges (as amended from time to time). These documents together, constitute the entire agreement between us, unless amended in writing. With the Installation Fee not being the charges to purchase the CPE as it will be leased to you to make use of our services for the duration of this agreement.
- JND PC’s will not be liable to the client nor to any associated party for damages, incidental or consequential, of any nature whatsoever.
- The client will not resell or make availability to any third party such as services they might receive from JND PC and Peripherals.
- JND PC’s reserves the right to withhold access for overdue accounts and has the right to charge interest on these accounts, while the client will continue to be liable for the services until the 30 days’ notice in writing was received and confirmed by JND PC’s.
- This Agreement will start on the date we activate your Service(s) as our client and will continue monthly as stated above.
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Any special discounts granted are subject to a minimum subscription period of 6 months for packages of 20 Mbps and higher, and 12 months for packages below 20 Mbps. Any package change or cancellation before the applicable minimum subscription period has expired may result in additional charges, including installation fees and other applicable costs, which will be invoiced to the client to recover the company’s costs.