Payment Terms and Fees. 7.1 The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause. 7.2 In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall include: 7.2.1 a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month; 7.2.2 the full Monthly Service Fee for the month in which the debit order is processed; 7.2.3 the total cost of the router (if applicable). 7.3 Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate. 7.4 If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend the Services). 7.5 All accounts that have overdue balances may be subject to suspension and collection activities, and may be submitted to a third party collection company. If a further payment falls due during the suspension of the Subscriber's account then this will be added to outstanding balance owed by the Subscriber. In the event that the Services are suspended due to unpaid Fee’s, the Subscriber shall be liable for a reconnection fee of R50.00 (Fifty Rand). 7.6 All sums payable to Faircom under the Agreement must be paid in full without set off or deduction. 7.7 Faircom reserves the right to increase the Fees at any time. 7.8 Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer. 7.9 The Subscriber acknowledges that Faircom will be required to initiate a connection from the building infrastructure to the Subscriber and that such connection will incur a cost of R3,000.00 (Three Thousand Rand) which shall be paid for by Faircom. Faircom shall offset the installation cost from the Monthly Service Fees received by the Subscriber over an initial 12 (twelve) month period. In the event that the Subscriber terminates this Agreement within the first 12 (twelve) months in accordance with clause 15 below, the Subscriber shall be liable for repayment of the installation cost or a prorata portion thereof.
Appears in 1 contract
Sources: Terms and Conditions
Payment Terms and Fees. 7.1 7.1. The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause.
7.2 7.2. In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall include:
7.2.1 7.2.1. a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month;
7.2.2 7.2.2. the full Monthly Service Fee for the month in which the debit order is processed;
7.2.3 7.2.3. the total cost of the router (if applicable).
7.3 7.3. Procedure regarding unpaid debit orders:
7.3.1. if the Subscriber’s debit order is returned unpaid, a notice stating that the Subscriber’s account is in arrears, will be sent to the Subscriber and the debit order shall be processed for a second time;
7.3.2. If the Subscriber’s debit order is returned unpaid twice in the same month, then in such event, the Subscriber’s Services shall be disconnected and the Subscriber shall be liable to pay such unpaid fees prior to the services being reconnected;
7.3.3. Should the Subscriber’s account still remain in arrears 7 days after the Services has been disconnected, the Subscriber’s Services shall be cancelled.The cancellation clause will take effect if within the first 12 months.
7.4. Should the Subscriber request the Services to be reconnected after it had been cancelled, the following provisions shall apply:
7.4.1. If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Octotel, Openserve, Frogfoot, Century City Connect and/or Teralink, the Subscriber shall be liable for payment of all unpaid Service fees and interest, together with a reconnection fee of R870.00 (Eight Hundred and Seventy Rand), which amounts must be paid prior to the Services being reinstated;
7.4.2. If the Open Access Fibre Provider relating to the Subscriber’s Agreement is Internect, then in such event the Subscriber shall be liable for payment of all unpaid Service fees and interest, together with a reconnection fee of R100.00 (One Hundred Rand), which amounts must be paid prior to the Services being reinstated
7.5. Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate.
7.4 7.6. If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend disconnect the Services).
7.5 7.7. All accounts that have overdue balances may be subject to suspension and s collection activities, and may be submitted to a third party collection company. If a further payment falls due during the suspension of the Subscriber's account then this will be added to outstanding balance owed by the Subscriber. In the company in which event that the Services are suspended due to unpaid Fee’s, the Subscriber shall be liable for a reconnection fee to pay such collection fees upon presentation of R50.00 (Fifty Rand)an invoice.
7.6 7.8. All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.
7.7 7.9. The following provisions shall apply with regard to Fee increases:
7.9.1. Faircom reserves the right shall be entitled to increase the Fees at stipulated in this Agreement, which increase will be relative to the consumer price index;
7.9.2. If there is a price increase on components of the Services beyond the control of Faircom (for example: foreign exchange fluctuations, increased pricing on third-party products or services like software license fees, surcharges, taxes, import duties, rates or levies, increased charges from other network operators or delay caused by any timeinstruction of Subscriber), then Faircom shall be entitled to increase the Fees of the affected Service in proportion to the increase in cost;
7.9.3. Any increase as per the above will be given to the Subscriber in writing;
7.9.4. A Subscriber will have the right to terminate the Agreement with immediate effect if any such increases render the Service unaffordable to the Subscriber. The Subscriber is to dispatch its notification in this regard via email to ▇▇▇▇@▇▇▇▇▇▇▇.▇▇.▇▇. Where a Subscriber terminates the Agreement as per its rights under this clause 7.9.4, the Subscriber will remain liable for the payment of the Installation Fee and/or all equipment purchased from Faircom in accordance with clause 7.11 and clause 22.
7.8 7.10. Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer.
7.9 7.11. The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the building infrastructure Network to the Subscriber and that such connection will incur a cost of R3,000.00 R1,725.00 (Three One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT)(“Installation Fee”) which shall be paid for by Faircom. Faircom shall offset the installation cost Installation Fee from the Monthly Service Fees received by the Subscriber over an initial 12 (twelve) or 24 (twenty four) month periodperiod (whichever period is applicable to the Subscriber) from the Commencement Date. In For the purposes of this clause, the following provisions shall apply in the event that of an early termination:
7.11.1. If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Octotel, Openserve and/or Frogfoot and the Subscriber terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15 below, the Subscriber shall be liable for the repayment of the installation cost or full Installation Fee of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT) which amount shall be paid via debit order and the Subscriber hereby consents that his/her account being debited for this purpose;
7.11.2. If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Internect and the Subscriber terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15 below, the Subscriber shall be liable for the repayment of the full Installation Fee (if applicable) of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT) which amount shall be paid via debit order and the Subscriber hereby consents that his/her account being debited for this purpose;
7.12. Where there is a prorata portion thereofmaterial deviation from the standard connection referred to in clause 7.11 above and such deviation causes the Installation Fee to exceed the sum of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT), then the Parties agree that the Subscriber shall make payment to Faircom for any amount in excess of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT)). Such amount shall be paid via debit order and the Subscriber hereby consents to his/her account being debited for this purpose.
Appears in 1 contract
Sources: General Terms and Conditions
Payment Terms and Fees. 7.1 The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause.
7.2 In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall include:
7.2.1 a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month;
7.2.2 the full Monthly Service Fee for the month in which the debit order is processed;
7.2.3 the total cost of the router (if applicable).
7.3 Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate.
7.4 If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend the Services).
7.5 All accounts that have overdue balances may be subject to suspension and collection activities, and may be submitted to a third party collection company. If a further payment falls due during the suspension of the Subscriber's account then this will be added to the outstanding balance owed by the Subscriber. In the event that the Services are suspended due to unpaid Fee’s, the Subscriber shall be liable for a reconnection fee of R50.00 R100.00 (Fifty One Hundred Rand).
7.6 All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.
7.7 Faircom reserves the right to increase the Fees at any timetime on 20 (Twenty) Business Days notice to the Subscriber.
7.8 Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer.
7.9 The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the building infrastructure Network to the Subscriber and that such connection will incur a cost of R3,000.00 (Three Thousand Rand) (“Connection Fee”) which shall be paid for by Faircom. Faircom shall offset the installation cost Connection Fee from the Monthly Service Fees received by the Subscriber over an initial 12 (twelve) month periodperiod from the Commencement Date. In the event that the Subscriber terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15 below, the Subscriber shall be liable for repayment of the installation cost or a prorata portion thereof.
7.10 Where there is a material deviation from the standard connection referred to in clause 7.9 above and such deviation causes the Connection Fee to exceed the sum of R3,000.00 (Three Thousand Rand), then the Parties agree that the Subscriber shall make payment to Faircom for any amount in excess of R3,000.00 (Three Thousand Rand). Such amount shall be paid via debit order and the Subscriber hereby consents to his/her account being debited for this purpose.
Appears in 1 contract
Sources: Terms and Conditions
Payment Terms and Fees. 7.1 7.1. The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause.
7.2 7.2. In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th 5th (fifth) business day of the following month. The debit order shall include:
7.2.1 7.2.1. a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month;
7.2.2 7.2.2. the full Monthly Service Fee for the month in which the debit order is processed;
7.2.3 7.2.3. the total cost of the router (if applicable).
7.3 7.3. Procedure regarding unpaid debit orders:
7.3.1. if the Subscriber’s debit order is returned unpaid, a notice stating that the Subscriber’s account is in arrears, will be sent to the Subscriber and the debit order shall be processed for a second time;
7.3.2. If the Subscriber’s debit order is returned unpaid twice in the same month, then in such event, the Subscriber’s Services shall be disconnected and the Subscriber shall be liable to pay such unpaid fees prior to the services being reconnected;
7.3.3. Should the Subscriber’s account still remain in arrears 7 days after the Services has been disconnected, the Subscriber’s Services shall be cancelled. The cancellation clause will take effect if within the first 12 months.
7.4. Should the Subscriber request the Services to be reconnected after it had been cancelled, the Subscriber shall be liable for payment of all unpaid Monthly Service Fees and interest, together with a reconnection fee of R870.00 (Eight Hundred and Seventy Rand), which amounts must be paid prior to the Services being reinstated:
7.5. Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate.
7.4 7.6. If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend disconnect the Services).
7.5 All accounts that have 7.7. The Subscriber will be liable for all costs connected with the collection activities of an overdue balances may be subject to suspension and collection activitiesbalance on the Subscriber's account. Collection costs will include, and may be submitted to a but are not limited to, unpaid debit order penalties, admin fees and/or third party collection companyfees, and these costs will be payable by the Subscriber via debit order upon presentation of an invoice.
7.8. If The Subscriber shall be liable for payment of a further payment falls due during downgrade fee of between R115.00 and R862.50 (One Hundred and FIfteen Rand, and Eight Hundred and Sixty-Two Rand and Fifty Cents) plus VAT if the suspension Subscriber downgrades its Services. The value of the downgrade fee is dependent on the Open Access Fibre Provider.
7.9. A fee shall apply to the reactivation of Services at the Premises. Should the Subscriber cancel the Services within a 12 (twelve) month period from the date of the Subscriber's account then this will be added ’s connection to outstanding balance owed by the Subscriber. In Network, and should Faircom subsequently receive an application for Services and/or the event that reactivation of Services at the Services are suspended due to unpaid Fee’sPremises, the Subscriber shall be liable for to pay a reconnection reactivation fee of R50.00 R750.00 (Seven Hundred and Fifty Rand)) (“Reactivation Fee'') to Faircom.
7.6 7.9.1. The Subscriber, or an associated party signing up for the Services at the Premises, as the case may be, shall be liable to pay the Reactivation Fee to Faircom prior to the Services being supplied and/or reactivated at the Premises.
7.10. All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.
7.7 7.11. The following provisions shall apply with regard to Fee increases:
7.11.1. Faircom reserves the right shall be entitled to increase the Fees at stipulated in this Agreement, which increase will be relative to the consumer price index;
7.11.2. If there is a price increase on components of the Services beyond the control of Faircom (for example: foreign exchange fluctuations, increased pricing on third-party products or services like software license fees, surcharges, taxes, import duties, rates or levies, increased charges from other network operators or delay caused by any timeinstruction of Subscriber), then Faircom shall be entitled to increase the Fees of the affected Service in proportion to the increase in cost;
7.11.3. Any increase as per the above will be given to the Subscriber in writing;
7.11.4. A Subscriber will have the right to terminate the Agreement with immediate effect if any such increases render the Service unaffordable to the Subscriber. The Subscriber is to dispatch its notification in this regard via email to ▇▇▇▇@▇▇▇▇▇▇▇.▇▇.▇▇. Where a Subscriber terminates the Agreement as per its rights under this clause 7.11.4, the Subscriber will remain liable for the payment of the Installation Fee, any other fees charged by the respective OAFP, and/or all equipment purchased from Faircom in accordance with clause 7.13 and clause 22.
7.8 7.12. Special and/or promotional offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special and/or promotional offer.
7.9 7.13. The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the building infrastructure Network to the Subscriber and that such connection will incur a cost of R3,000.00 (Three Thousand Rand“Installation Fee”) which shall be paid for by Faircomwith the Open Access Fibre Provider (“OAFP”). Faircom shall absorb and offset the installation cost Installation Fee from the Subscriber’s subscription / Monthly Service Fees received by the Subscriber over an initial 12 (twelve) or 24 (twenty four) month periodperiod from the Commencement Date, whichever is applicable (“OAFP Initial Period”).
7.13.1. In Subject to clause 7.14 below:-
7.13.1.1. Should the event that Subscriber, prior to the Subscriber terminates this Agreement within expiry of the first 12 (twelve) months in accordance with clause 15 belowOAFP Initial Period, require a migration and/or reconnection of the Services, the Subscriber shall be liable for repayment the Fees set out in the OAFP Fees Annexure to this Agreement.
7.13.1.2. Should the Subscriber terminate this Agreement, for any reason, prior to the expiry of the installation cost or OAFP Initial Period, the Subscriber shall be liable for the Installation Fee, and/or any other Fee, as the case may be, as set out in the OAFP Fees Annexure to this Agreement.
7.13.2. The OAFP Fees shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.14. Faircom endeavours to update the OAFP Fees Annexure within a prorata portion thereofreasonable time from when an OAFP updates its fees, however the Subscriber acknowledges that the OAFP Fees are subject to change at any time. While Faircom will endeavour to notify the Subscriber of any changes to the Subscriber's OAFP’s fees, the Subscriber acknowledges and accepts that the Installation Fee, migration, reconnection and any other Fees actually charged by an OAFP in relation to the Subscriber, and incurred by Faircom, will be recoverable and payable by the Subscriber and such amount(s) shall be paid via debit order. The Subscriber hereby consents to his/her account being debited for this purpose and payment of any OAFP Fees.
Appears in 1 contract
Sources: General Terms and Conditions
Payment Terms and Fees. 7.1 The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause.
7.2 In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall include:
7.2.1 a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month;
7.2.2 the full Monthly Service Fee for the month in which the debit order is processed;
7.2.3 the total cost of the router (if applicable).
7.3 Procedure regarding unpaid debit orders:
7.3.1 if the Subscriber’s debit order is returned unpaid, a notice stating that the Subscriber’s account is in arrears, will be sent to the Subscriber and the debit order shall be processed for a second time;
7.3.2 If the Subscriber’s debit order is returned unpaid twice in the same month, then in such event, the Subscriber’s Services shall be disconnected and the Subscriber shall be liable to pay such unpaid fees prior to the services being reconnected;
7.3.3 Should the Subscriber’s account still remain in arrears 7 days after the Services has been disconnected, the Subscriber’s Services shall be cancelled.
7.4 Should the Subscriber request the Services to be reconnected after it had been cancelled, the following provisions shall apply:
7.4.1 If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Octotel, Openserve, Frogfoot, Century City Connect and/or Teralink, the Subscriber shall be liable for payment of all unpaid Service fees and interest, together with a reconnection fee of R870.00 (Eight Hundred and Seventy Rand), which amounts must be paid prior to the Services being reinstated;
7.4.2 If the Open Access Fibre Provider relating to the Subscriber’s Agreement is Internect, then in such event the Subscriber shall be liable for payment of all unpaid Service fees and interest, together with a reconnection fee of R100.00 (One Hundred Rand), which amounts must be paid prior to the Services being reinstated
7.5 Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate.
7.4 7.6 If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend disconnect the Services).
7.5 7.7 All accounts that have overdue balances may be subject to suspension and s collection activities, and may be submitted to a third party collection company. If a further payment falls due during the suspension of the Subscriber's account then this will be added to outstanding balance owed by the Subscriber. In the company in which event that the Services are suspended due to unpaid Fee’s, the Subscriber shall be liable for a reconnection fee to pay such collection fees upon presentation of R50.00 (Fifty Rand)an invoice.
7.6 7.8 All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.
7.7 7.9 Faircom reserves the right to increase the Fees at any timetime on 20 (Twenty) Business Days notice to the Subscriber.
7.8 7.10 Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer.
7.9 7.11 The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the building infrastructure Network to the Subscriber and that such connection will incur a cost of R3,000.00 R1,725.00(One Thousand Seven Hundred and Twenty Five Rand) (Three Thousand Randinclusive of VAT) (“Connection Fee”) which shall be paid for by Faircom. Faircom shall offset the installation cost Connection Fee from the Monthly Service Fees received by the Subscriber over an initial 12 (twelve) month periodperiod from the Commencement Date. In the event that the Subscriber terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15 below, the Subscriber shall be liable for repayment of the installation cost or as follows:
7.11.1 If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Internect, Octotel, Openserve and/or Frogfoot, the Subscriber shall be liable for the repayment of the full installation fee of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT) which amount shall be paid via debit order and the Subscriber hereby consents that his/her account being debited for this purpose.
7.12 Where there is a prorata portion thereofmaterial deviation from the standard connection referred to in clause 7.11 above and such deviation causes the Connection Fee to exceed the sum of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT), then the Parties agree that the Subscriber shall make payment to Faircom for any amount in excess of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT)). Such amount shall be paid via debit order and the Subscriber hereby consents to his/her account being debited for this purpose.
Appears in 1 contract
Sources: Terms and Conditions
Payment Terms and Fees. 7.1 7.1. The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom without cause.
7.2 7.2. In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7 (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall include:
7.2.1 7.2.1. a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding month;
7.2.2 7.2.2. the full Monthly Service Fee for the month in which the debit order is processed;
7.2.3 7.2.3. the total cost of the router (if applicable).
7.3 7.3. Procedure regarding unpaid debit orders:
7.3.1. if the Subscriber’s debit order is returned unpaid, a notice stating that the Subscriber’s account is in arrears, will be sent to the Subscriber and the debit order shall be processed for a second time;
7.3.2. If the Subscriber’s debit order is returned unpaid twice in the same month, then in such event, the Subscriber’s Services shall be disconnected and the Subscriber shall be liable to pay such unpaid fees prior to the services being reconnected;
7.3.3. Should the Subscriber’s account still remain in arrears 7 days after the Services has been disconnected, the Subscriber’s Services shall be cancelled.The cancellation clause will take effect if within the first 12 months.
7.4. Should the Subscriber request the Services to be reconnected after it had been cancelled, the subscriber shall be liable for payment of all unpaid Service Fees and interest, together with a reconnection fee of R870.00 (Eight Hundred and Seventy Rand), which amounts must be paid prior to the Services being reinstated:
7.5. Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties payable by the Subscriber at the appropriate rate.
7.4 7.6. If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the right to suspend disconnect the Services).
7.5 7.7. All accounts that have overdue balances may be subject to suspension and collection activities, and may be submitted to a third party collection company. If a further payment falls due during the suspension of the Subscriber's account then this will be added to outstanding balance owed by the Subscriber. In the company in which event that the Services are suspended due to unpaid Fee’s, the Subscriber shall be liable to pay such collection fees upon presentation of an invoice.
7.8. The Subscriber shall be liable for payment of a reconnection downgrade fee of R50.00 between R115.00 and R862.50 (One Hundred and FIfteen Rand, and Eight Hundred and Sixty-Two Rand and Fifty Rand)Cents) plus VAT if the Subscriber downgrades its Services. The value of the downgrade fee is dependent on the Open Access Fibre Provider.
7.6 7.9. All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.
7.7 7.10. The following provisions shall apply with regard to Fee increases:
7.10.1. Faircom reserves the right shall be entitled to increase the Fees at stipulated in this Agreement, which increase will be relative to the consumer price index;
7.10.2. If there is a price increase on components of the Services beyond the control of Faircom (for example: foreign exchange fluctuations, increased pricing on third-party products or services like software license fees, surcharges, taxes, import duties, rates or levies, increased charges from other network operators or delay caused by any timeinstruction of Subscriber), then Faircom shall be entitled to increase the Fees of the affected Service in proportion to the increase in cost;
7.10.3. Any increase as per the above will be given to the Subscriber in writing;
7.10.4. A Subscriber will have the right to terminate the Agreement with immediate effect if any such increases render the Service unaffordable to the Subscriber. The Subscriber is to dispatch its notification in this regard via email to ▇▇▇▇@▇▇▇▇▇▇▇.▇▇.▇▇. Where a Subscriber terminates the Agreement as per its rights under this clause 7.10.4, the Subscriber will remain liable for the payment of the Installation Fee, any other fees charged by the respective OAFP, and/or all equipment purchased from Faircom in accordance with clause 7.12 and clause 22.
7.8 7.11. Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer.
7.9 7.12. The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the building infrastructure Network to the Subscriber and that such connection will incur a cost of R3,000.00 (Three Thousand Rand“Installation Fee”) which Installation Fee shall be paid for by Faircom. Faircom shall offset the installation cost Installation Fee from the Monthly Service Fees received by from the Subscriber over an initial 12 (twelve) or 24 (twenty four) month periodperiod (whichever period is applicable to the Subscriber’s Agreement) from the Commencement Date. In Should the event Subscriber’s Agreement be terminated early by the Subscriber, for any reason, the full Installation Fee paid by Faircom shall be recoverable from the Subscriber as noted below. Further, should the Subscriber require either a migration and/or reconnection of the Services, the Open Access Fibre Provider’s fee in this regard will also be payable by the Subscriber,
7.12.1. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Frogfoot and the Subscriber terminates this Agreement in accordance with clause 15 below, or requires a migration and/or reconnection, within the first 24 (twenty four) months from the Commencement Date, the Subscriber shall be liable for the repayment of the full Installation Fee, or migration and/or reconnection fee, of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand), as the case may be, which amount shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.12.2. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Octotel and the Subscriber terminates this Agreement in accordance with clause 15 below, or requires a migration and or reconnection, within the first 24 (twenty four) months from the Commencement Date, the Subscriber shall be liable for the repayment of the full Installation Fee of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) and/or a migration/reconnection fee of R870.00 (Eight Hundred and Seventy Rand), as the case may be, which amounts shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.12.3. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Internect and the Subscriber terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15 below, the Subscriber shall be liable for the repayment of the installation cost full Installation Fee of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) which amount shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.12.4. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Openserve and the Subscriber terminates this Agreement in accordance with clause 15 below, or requires a prorata portion thereofmigration and/or reconnection, within the first 24 (twenty four) months from the Commencement Date, the Subscriber shall be liable for the repayment of the full Installation Fee of R2,875.00 (Two Thousand Eight Hundred and Seventy Five Rand)), and/or a service activation fee of R575 (Five Hundred and Seventy Five Rand), and/or a call out fee of R1,500.00 (One Thousand Five Hundred Rand), and/or a re-grading fee of R100.00 (One Hundred Rand), as the case may be and as applicable, which amounts shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.12.5. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Thinkspeed and the Subscriber terminates this Agreement in accordance with clause 15 below, or requires a migration and/or reconnection, within the first 24 (twenty four) months from the Commencement Date, the Subscriber shall be liable for the repayment of the full Installation Fee of R1,840.00 (One Thousand Eight Hundred and Forty Rand), and/or a migration/reconnection fee of R575.00 (Five Hundred and Seventy Five Rand), as the case may be, which amounts shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.12.6. Subject to clause 7.13, if the Open Access Fibre Provider (“OAFP”) relating to the Subscriber’s Agreement and/or Services is Vumatel and the Subscriber terminates this Agreement in accordance with clause 15 below, or requires a migration and/or reconnection, within the first 24 (twenty four) months from the Commencement Date, the Subscriber shall be liable for the repayment of the full Installation Fee of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand), and/or a migration/reconnection fee of R1,008.00 (One Thousand and Eight Rand), as the case may be, which amounts shall be paid via debit order and the Subscriber hereby consents that his/her account be debited for this purpose.
7.13. The Subscriber acknowledges that the fees contained in clause 7.12 above are subject to change by an Open Access Fibre Provider (“OAFP”) at any time. Faircom endeavours to update this clause 7.12 as and when an Open Access Fibre Provider (“OAFP”) changes its fees. While Faircom will also endeavour to notify the Subscriber of any changes to the Subscriber's OAFP’s fees, the Subscriber acknowledges and accepts that the Installation Fee, migration, reconnection and any other fees actually charged by an OAFP, and incurred by Faircom, will be payable by the Subscriber and such amount(s) shall be paid via debit order and the Subscriber hereby consents to his/her account being debited for this purpose.
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Sources: General Terms and Conditions of Use