Agreement commences upon signing of this by both parties and will be binding on a month to month basis. Either party may cancel the agreement with written notice by e-mail to the other party, provided one calendar month is given preceding the date of prospective return.
The service provider will invoice the customer on the same day the agreement is signed, and thereafter on or before the 26th of every month. Payment must be made by the customer on or before the 1st day of the next month wherein the customer has been invoiced. Payment should be by EFT only. If EFT is not available as payment option by the customer only then can a debit order be arranged (the cost of the debit order will be for the account of the customer). No payments already made to the service provider are refundable. The service provider is entitled to any rates increase and will notify the customer via email. The customer will not be entitled to withhold or reduce any payments withheld or hold the service provider liable for damages in case of disruption, delay or suspension of service for whatever reason.
Breach of Contract
If the customer fails to pay on or before the 7th day of every month or fails to perform any of his / her obligations under this Agreement and persists for 3 (three) days after dispatch of an e-mail to the customer, the service provider will without prejudice to rights, cancel the agreement and / or suspend the service immediately and retain all rights to take legal action to recover damages and collect arrears. An amount of R50 is payable for reconnection. The customer will be liable for costs on a solicitor-customer scale if legal action is taken and consents to the jurisdiction of the Magistrate’s court of Virginia. Both parties domicilium citandi et executandi address indicated on the front of the Agreement.
Obligations of the Customer
The customer undertakes not to use services and / or equipment for illegal or improper purposes, and to maintain equipment only for the purpose for which it was manufactured. The customer may not make changes to equipment. The customer will comply with applicable laws including immaterial rights.
The service provider may temporarily waive its obligations in terms of the agreement in order to do improvements, maintenance and repairs to services and / or equipment and the customer may not hold the service provider liable for any damages. The service provider is not required but will attempt to notify the customer in advance of any interruption, delay or suspension of services. The service provider undertakes to maintain the software and operation of the wireless devices (erected outside the premises of the customer, and that links with service provider’s network). Maintenance of this device on a physical level has to be kept by the customer.
Cession of Rights & Obligations
The customer may not have any rights and / or liabilities ceded under the agreement unless prior written consent from the service provider is obtained beforehand. The service provider will be allowed to have his / her rights and / or obligations in terms of the agreement ceded.
Defining a Basic Installation
A basic installation consists of the following 3 aspects:
- CPE (client premise equipment) is mounted outside The CPE comes in small, medium or large sizes, depending on the distance from the AP it has to connect to. It is normally a small weatherproof device mounted on an exterior wall, the eaves or rooftop. It can also be mounted on a separate free-standing pole or tower. The installed CPE points to the AP located strategically to service a specific area.
- Wiring: A CAT5 cable also known as Ethernet cable is run down from the CPE on an exterior wall. Our installers try to obscure the cable as much as possible. The cable needs to transfer from the outside of the house to the inside either through the roof, or through drilling a small hole in a wall or door/window frame. If there are existing cabling for phone, or Satellite TV we will try to work with these as much as possible. If you need additional wiring please contact us for an official quotation.
- Connect your computer(s): Once inside the house the cable is connected to a power source called a POE (power over Ethernet) that supplies the equipment outside with DC electricity. The CAT5 cable coming from the POE can be connected to a single computer or into the internal network. A basic installation provides you with 1 Ethernet connection.
With everything in place – the connection is tested and all basic configuration setups are done.
A Basic Installation includes:
- Installation and activation charge
- 30m or less of CAT5 cable
- CPE with POE
- One exterior wall mount & 3m aluminium pole
- One connection and configuration to a computer network card, or to the internal network
- The interface setup and configuring of an e-mail account
The following is considered additional and will be charged separately:
To install switches, Wi-Fi hotspots, VOIP connections etcetera will all be charged additional.
- Special installations (e.g. Non-penetrating roof mount, extension pole, wall jack, additional cabling beyond 30m etc.) Custom installation is done by quote only. Trouble shooting computer problems are also not included. Normal labour rates will apply to assist with these problems.
Ownership of Equipment
- The CPE and POE supplied at installation remains the property of E-WISP and must be returned to us upon termination of service. Whilst the CPE is in service on your premises you are responsible to insure it against theft or accidental damage (as covered under a standard short-term insurance policy) – or if you do not have insurance, pay for the repair or replacement if such damage occurs. E-WISP will however support and maintain this CPE to operate optimally – which includes installing new firmware updates as they become available. The CPE should have a technology lifespan of at least 3 years. CPE’s older than 3 years that need to be upgraded will result in an upgrade cost for the customer.
- All other equipment installed is purchased from E-WISP and ownership transfers once fully paid. Although most of this additional equipment comes with guarantees / warranties, it still remains equipment under your care and needs to be maintained / operated in accordance with the suppliers’ specifications. Any after sales support on this equipment that is not covered by the manufacturer’s guarantee, or that does not clearly point to a faulty installation by E-WISP, will be chargeable to the customer.
Environmental Factors to Consider.
- Heat, cold, rain should not under normal circumstances affect your wireless connection. Environmental factors like electrical surges, lightning, water damage and extreme winds can affect your connection.
- The Internet connection is relayed wirelessly through our network and is reliant on electricity. Although we do have electrical backups throughout our network, and backup generators at all our data centres, extreme periods of electricity loss could affect the service we supply.
Demarcation and Fault Finding
- E-WISP provide ICT (Information and Communication Technology) services over its wireless network. The point of demarcation between the E-WISP network and the customer network is the CPE. E-WISP is not responsible for the operation of the customer network beyond this point. In the event of a loss of service, it is the customer’s responsibility to ensure their network is functional, and that all cabling and equipment is operational. All cabling and equipment on the customer’s premise can be serviced by any well-trained IT technician.
- In the event that the customer requests a service call, E-WISP personnel will remotely test the service to the CPE. If the CPE is connected to the network we will log into the CPE and check for LAN (Local Area Network) connections to the internal network. If there is no fault to this point, a call can be logged, but a service charge will apply.
- A fault can be reported by either phoning the call centre at 081 353 1903, sending an e-mail to email@example.com or by logging it through the website at www.e-wisp.co.za. A customer number and a clear fault description must accompany the report.
- Damaged equipment will be replaced under warranty, if applicable, unless damage is cause by factors not covered in the warranty. Equipment damage out of warranty will be billed to the customer.
- E-WISP provide free technical and telephonic support, but it is limited to your connection and related issues with our service. Any computer related problems, software problems, Operating System problems, printer problems, virus issues etcetera will be handled as IT support and is chargeable.
Usage Terms & Conditions
The customer undertakes that he/she/they:
- will not knowingly create store or disseminate any illegal content,
- commit to lawfully conduct him/her/themselves in the use of the services, including copyright and intellectual property rights,
- undertake not to send or promote the sending of spam
- will be responsible to manage and control the use of the service by minors able to access the E-WISP network under his/her/their care.
- have read the AUP (Acceptable Usage Policy) as found on the E-WISP website and will use the E-WISP service in accordance with these policies.
E-WISP has the right to the following if the usage terms are not upheld:
- to remove any content hosted by that customer which it considers illegal or for which it has received a take-down notice,
- to suspend or terminate the service of any customer that does not comply with the Terms & Conditions, the Acceptable Usage Policy or any other contractual obligations.
Acknowledgements by Customer
- That ownership of wireless equipment used to connect to the service provider’s network remains that of the service provider.
- The customer must ensure the necessary security of the equipment.
- If equipment is damaged, destroyed, disposed of or stolen, regardless of the cause, including lightning damage and damage caused by electrical undulations, the customer will be liable to the service provider for damages.
- If Agreement is cancelled, wireless equipment should be delivered back to the service provider in the same condition as received.
- The service provider will contact the customer 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 customer, the service provider will immediately remove all wireless devices with or without the consent of the customer and the latter indemnify the service provider or its agent against a criminal charge of trespassing if equipment is removed.
- Under no circumstances is the customer allowed to remove the wireless equipment such as stated above.
- No amendments or modifications shall be valid unless reduced to writing by both parties and signed.
- Any passing of time not be construed as a waiver of the service provider’s rights.
- The customer is aware that changes could be made to the MoA relating to the conditions of service, and that these changes will be applicable to his/her/their service agreement. The latest version of the MoA as can be found on the E-WISP Website will always contain the relevant set of terms and conditions.
- Any aspect relating to the service provided or payment thereof that the customer wants to bring into dispute, has to be submitted to E-WISP in writing via email, fax or registered mail. E-WISP will acknowledge the receipt of such communication and will respond thereto based on its fair interpretation of the content of this Memorandum of Agreement as well as all relevant information as contained on the E-WISP Website.