1. In the Agreement, unless otherwise indicated by the context, the following terms shall bear the following meanings:
1.1 “Nextel agreement” The Subscriber Application Form setting out the Subscriber’s details, together with all annexures attached thereto, and the Subscriber Standard Terms and Conditions.
1.2 “Charges” means charges related to the provision of the Services including but not limited to, the connection charges, monthly service charges, usage charges, charges related to the Add-Ons provided to the Subscriber in terms of the Agreement, once-off costs for activation of Services, Costs of subsidizing the Hardware, costs of acquiring the Subscriber, administration costs, postage charges Hardware restoration costs, packaging costs and any other charges pertaining to the provision of the Services.
1.3 “Data Carry Over Rules” the policy of rule-s applicable to the usage of data by the subscriber/s, which are available at the following link: https://www.nextel.co.za
1.4 “Downward Package Migration” moving from one subscription level to another with a lesser subscription rand value per month within the same technology.
1.5 “Effective Date” the date of conclusion of the agreement, or the date of delivery of Hardware/Services to the Subscriber that are the subject of this Agreement.
1.6 “Early Cancellation Charges” means the charges due to Nextel Holdings including but not limited to the balance of the contract, cooling off period cancellation charges to be determined by Nextel Holdings, administrations costs, usage charges, discounts provided, Costs of subsidizing the Hardware, handling fees, monthly Service charges and any other charges pertaining to the provision of the Services.
1.7 “Contract Term” A period of the agreement as indicated on the application form, commencing on the Effective Date.
1.8 “Installation” The installation of Hardware on a location or software on a subscribers’ laptop/desktop or similar device specified by the subscriber in an order.
1.9 “Licence”The national mobile data telecommunication licence granted to the Network Operator to provide a national mobile data telecommunication service by means of a mobile data network.
1.10 “MDN”The mobile data network established and operated by the Network Operator in terms of the licence.
1.11 “Mobile Access Numbers”The mobile access numbers, IP address, unique user name or subscription numbers used to identify Subscribers having access to the Services.
1.12 “Order” An order placed by a Subscriber to Nextel for the provision of the Services.
1.13 “Parties” Network Operator and Subscriber and “Party” refers to either of them as so determined by the context.
1.14 “PPU” Pay-per-use as described and detailed in the Pay Per use terms and conditions found on the link at the bottom of these Subscriber Standard Terms and Conditions.
1.15 “Regulator”The Independent Communications Authority of South Africa/ICAS”.
1.16 “Renewal Period” A period indicated by the Subscriber in writing (except via SMS) or another recorded form, commencing on the day immediately following the expiration of the Contract Term, or an anniversary of the expiration period, as the case may be.
1.17 Nextel Holdings (Pty) Ltd, registration number: 2015 / 147941 / 07 a company registered in terms of the laws of the Republic of South Africa.
1.18 ”Service/s”The services chosen by the Subscriber in the Application form including any add-ons which have their specific terms and conditions.
1.19 “Subscriber” Any party to whom the Services are made available in terms of the Agreement.
1.20 “Subscriber Application Form” means either the physical or online application form completed by either a Business or Individual Subscriber and forms part of the Agreement.
1.21 “Subscriber” means either the Corporate or Retail Subscriber to whom the Hardware and Services are provided in terms of this Agreement and whose details appear on the application form, their successors or authorised assignees.
1.22 “Hardware” Any equipment approved by Nextel Holdings or other applicable user hardware, including but not limited to servers, computers, routers, telephones antennas, modems, laptops, web phones and communication cards used by a Subscriber to send and/or receive any data and may include any other equipment provided by Nextel Holdings in order to facilitate service delivery or any future enhanced services to Subscribers.
1.23 “Upward Package Migration” moving from one subscription level to another with a higher subscription rand value per month within the same technology.
1.24 “Add Ons” Additional Services to the main Service/s offered by Nextel from time to time.
1.25 “VAT”Value Added Tax has provided in the Value Added Tax act 89 of 1991.
2. Commencement, renewal and termination
2.1 The Agreement shall commence on the Effective Date and shall, subject to any other termination provision stated in this Agreement including the Application form and any other addendum thereof, continue for the agreed contract term, and thereafter continue on a month to month basis and/or for the specified Renewal Periods unless terminated:
2.2 By the Subscriber, on expiration of the Contract Term or a Renewal Period, as the case may be,
2.3 by giving to Nextel a written notice (except via SMS) of termination not less than one calendar month and not more than three) calendar months before the expiration of the Contract Term or the Renewal Period, as the case may be; and/or
2.4 by the Subscriber to Nextel in writing (except via SMS), within a period of seven calendar days from the Effective Date. The Subscriber acknowledges that Early Cancellation Charges shall apply and that any hardware returned as a result of the Subscriber terminating this Agreement in terms of this clause has to be returned at the Subscriber’s expense and in its original condition and packaging and/or
2.5 by the Subscriber for any reason whatsoever prior to the expiry of the Contract Term or Renewal Period, the Subscriber shall be obliged to pay Nextel Holdings any Early Cancellation Charges as well any other applicable Charges whether or not due at the time of cancellation.
2.6 by Nextel, after 20 business days notice to Subscriber to notify the Subscriber to rectify a material failure, and after which the Subscriber has failed to comply with.
2.7 by Nextel forthwith, in the event that the Licence to provide the Services has been revoked, terminated or amended by the Regulator for any reason whatsoever.
2.8 Notwithstanding the use of agents or other intermediaries (Delegated Service Providers) by Nextel, the order by the Subscriber is an offer made by the Subscriber to Nextel and will be considered once received by Nextel.
2.9 Nextel’s acceptance of the offer shall consist of the signing of the Subscriber Application form by the Subscriber and/or delivery of the Hardware and/or Services to the Subscriber, this shall constitute a valid binding Agreement between Nextel and the Subscriber.
2.10 The Subscriber may not terminate the Agreement and demand reimbursement for Hardware or any damages of whatsoever nature as a result of the Subscriber’s relocation to an area outside of Nextel’s coverage. It is the responsibility of the Subscriber to ensure that he/she/they are happy with coverage in the area where the Services are provided by Nextel. Should the Subscriber opt to terminate the Agreement before the expiry date, Nextel reserves its right to impose an Early Cancellation Charge on the Subscriber.
2.11 Notwithstanding clause 2.1 above, the Subscriber may renew the Agreement to a 12, 24 or 36 month Agreement with not more than three calendar months written notice (except via SMS) and not less than one calendar month’s written notice (except via SMS) to Nextel prior to the expiry of the Contract Term or Renewal period as the case may be. Should the Subscriber opt for early renewal, the Subscriber will be responsible for any outstanding amount owing under the Contract Term prior to commencing with the renewed Agreement.
2.12 Notwithstanding any provision contained in this clause 2 or anywhere in these terms and conditions, Nextel shall be entitled to terminate the Agreement at any time and provide a reason for such termination in compliance with the applicable legislation. The Subscriber acknowledges that, upon termination of the agreement and where there has been unused data, airtime or related service, Nextel shall not in any way, convert such unused data, airtime or related service into credit on the Subscriber’s account and refund same to the Subscriber.
3. Supply and installation of Hardware and Services
3.1 The order placed by the Subscriber to Nextel is subject to Nextel’s approval.
3.2 Nextel may at its discretion refer the Subscriber to a third party who may undertake the installation of the Hardware in its own name and behalf and not as an agent of Nextel.
3.3 The Subscriber shall be responsible for obtaining all necessary approvals and authorities imposed by any competent authority or body (this includes but is not limited to body corporates, provincial and local municipalities) and required for the purpose of any such supply and/delivery and/installation, the subscriber hereby idemnifies Nextel against any claim or liability suffered by Nextel by reason of such approval and authorities not having been obtained.
3.4 All risk in and to the Hardware supplied and delivered by Nextel to the Subscriber shall pass to the Subscriber on delivery.
3.5 If any Hardware is lost, stolen or damaged, the Subscriber shall immediately notify Nextel in writing and until such notification, the Subscriber shall remain liable for all charges pertaining to such Hardware. Nextel shall as soon as reasonably possible replace the Hardware. The cost of this replacement equipment shall be for the Subscriber’s account. Such loss, theft or damage and/or the replacement of the Hardware and/or the allocation of a new mobile access numbers for any reason, shall in no way be deemed to constitute a termination of the Agreement which shall continue to be of full force and effect.
4. The Subscriber hereby warrants and undertakes in favour of Nextel that the Subscriber:
4.1 Shall not use nor allow the Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Services.
4.2 Shall only use the Hardware provided by Nextel, and comply with relevant legislation and regulations imposed by any competent authority and all directives issued by Nextel relating to the use of Hardware and the provision of Services. Recognises that no right, title or interest in the software contained in the Hardware issued to the Subscriber vests in the Subscriber.
4.3 Shall not, nor permit any third party to reverse engineer, decompile, modify or tamper with software or software contained in or pertaining to any Hardware.
4.4 Should the Subscriber exceed the monthly data, credit allocations to the Subscriber’s account, the Subscriber is entitled to purchase top up data, however, Nextel reserves its right to limit the Subscriber’s top up data.
4.5 Any hardware attached to a prepaid Agreement shall not be used in any other contract except for Prepaid Services.
5.1 In consideration for the provision of Services, Hardware and any other services supplied by Nextel to the Subscriber, the Subscriber shall effect payment to Nextel of the applicable charges, as detailed in the application form and whether or not the Services have been, or are being utilised by the Subscriber.
5.2 Nextel may, by written notice to the Subscriber, vary future charges, either in the whole or in part, with effect from the date specified in such notice.
5.3 Unless otherwise agreed to by Nextel in writing, the Subscriber shall effect payment to Nextel:
5.3.1 for the supply, delivery, maintenance and installation of Hardware on presentation of invoice and against such delivery.
5.3.2 of monthly service charges monthly in advance and of all other charges, monthly in arrears, in either event in full, before the due date as indicated on the relevant invoice. 5.3.3 at Nextel’s premises or at the bankers of Nextel in Johannesburg. Where payment is made by the Subscriber through a debit order, other electronic means or any other intermediary, the Subscriber’s bankers or other intermediaries shall act as the Subscriber’s agent and the Subscriber shall have discharged its obligations only upon payment being received by Nextel.
5.4 Notwithstanding the provisions of clause 5.3, Nextel may at any time on reasonable written notice to the Subscriber vary its invoicing and payment procedures and requirements.
5.5 In the event that Nextel requires payment for the services provided to the Subscriber to be made by debit order, the Subscriber will commit a breach of the Agreement if the Subscriber:
5.5.1 Cancels such debit order without the written consent of Nextel.
5.5.2 Changes his banking details on which the debit order relies, without giving Nextel prior notification of such change and providing Nextel with the Subscriber’s new banking details.
5.6 Provides the Service provider with incorrect banking details.
5.7 The Subscriber authorises Nextel to debit any bank account held by the Subscriber for the costs owed by the Subscriber to Nextel in terms of this agreement.
5.8 The Subscriber acknowledges that payments will be debited from the account or credit card in the name of the Subscriber (or in the name of any third party who has consented thereto) as described in the Subscriber Application form.
5.9 The Subscriber acknowledges that when there are insufficient funds in the account or credit card of a third party to cover the debit, Nextel reserves its rights to debit the Subscriber’s banking account or credit card in respect of any Charges owed by the Subscriber to Nextel.
5.10 Nextel shall be entitled to levy an administration Charge and the Subscriber agrees to pay such a Charge in the event that any debit order or other form of payment is returned unpaid from the account or credit card described in the Subscriber application form.
5.11 The monthly statement shall be sent by Nextel to the Subscriber to the address supplied by the Subscriber to Nextel. It shall be the duty of the Subscriber to check the statement in order to ensure that the contents thereof are correct. Unless a query is raised in respect of the contents of the statement within thirty days from the date thereof, the contents of the statement shall be deemed to be correct.
5.12 The Subscriber shall not be absolved from paying the full remaining amount of the Subscriber’s agreement as a result of incorrect invoices being sent and/or failure of Nextel to send statements or invoices to the Subscriber.
5.13 Package Migrations:
5.13.1 1 Month to Month Agreements
5.13.2 The Subscriber shall be entitled to a Downward Package Migration subject with one calendar month notice. A migration fee shall be charged by Nextel in respect of a downward migration.
5.13.3 12/24/36 Month Agreements: The Subscriber is allowed to Download Package Migrate by furnishing Nextel with one calendar month notice; migration will take immediate effect subject to a fixed migration fee to be determined by Nextel from time to time and a 3 months differential rand value of the monthly subscription fee.
5.13.4 In the event of an Upward Package Migration there will be no fee charged. The data carry over rules will apply based on the new package.
5.13.5 Any migration from one package option to another shall for the duration of this agreement and be subject to Nextel’s approval.
5.13.6 In the event that the Subscriber has an existing separate hardware contract, the Subscriber will still be liable for the balance of the hardware.
5.14 Should a Subscriber wish to migrate to any package with zero-rated hardware, the Subscriber will not be entitled to receive such zero-rated hardware. This zero-rated hardware is only available to Subscribers who sign up for new Agreement/s
5.15 Nextel reserves the right to levy Charges and Early Cancellation Charges in accordance with the provisions of this Agreement
5.16 The Subscriber indemnifies and holds Nextel harmless for any loss suffered as a result of incorrect amounts being debited in respect of applicable changes.
6.1 Nextel may at any time, with the necessary notice to the Subscriber and in any manner whatsoever, suspend the Subscriber’s access to the Services in the event that:
6.1.1 Any modification or remedial work is required to be undertaken pertaining in any manner whatsoever, to the Services or the Network.
6.1.2 The Subscriber fails to perform any of his or her obligations, or breaches any terms of the Agreement (in which event Nextel may also suspend the Subscriber’s use of the Hardware).
6.1.3 Nextel is unable to provide the Services to the Subscriber at Nextel’s discretion for any reason whatsoever.
6.1.4 Nextel reserves the right to require the Subscriber to effect payment of any applicable reconnection charges pursuant to the restoration of the Services suspended in the circumstances contemplated in clause 6.1.2. In the event that the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the monthly service charges during any such period of suspension.
7. Limitation of liability
7.1 Without detracting from any of the other provisions of the Agreement, Nextel shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber and whether the same is direct or consequential, in the event that:
7.1.1 Nextel fails for any reason whatsoever to supply and/or deliver and/or provide installation of any Hardware either on the required date or at all; and/or
7.1.2 The Services are interrupted, suspended or terminated for whatsoever reason; and/or
7.1.3 Nextel fails to suspend the provision of the Services to the Subscriber in terms of an arrangement between Nextel and the Subscriber or after the Subscriber has specifically requested Nextel to do so in order to limit the charges; and/or
7.1.4 Such loss or damage was caused by any negligent act or omission on the part of Nextel, its employees or its agents.
7.1.5 Such loss was caused by the Subscriber’s actions, including but not limited to: allowing the Services to be accessed by someone else other than the Subscriber, whether such actions are through the Subscriber’s negligence, omission or consent. Nextel shall not be liable to the Subscriber in any circumstances whatsoever for any loss, injury or damage of any nature whatsoever or howsoever arising and whether in agreement or in delict, including loss of any other special damages, indirect or consequential loss or damages which the Subscriber or any other person may sustain, whether as a result of any breach of this agreement by Nextel or whether caused directly or indirectly by the Hardware or the use thereof, and the Subscriber hereby indemnifies Nextel and holds it harmless against any claim by the subscriber or any other person.
7.2 The subscriber hereby indemnifies Nextel against any claims arising out of: force majure or Acts of God (e.g., fire, flood, inclemint erather, epidemic, or earthquake); war or act of terrorism, including chemical or biological warfare, labour disputes, lockout, strike, embargo; governmental acts, orders, or restrictions; failure of suppliers or third persons; or where the claim is a result of an action that is beyond Nextel’s reasonable control.
7.3 Nextel shall not be liable for any fraudulent activities that may occur due to access by third parties into the Subscriber’s account/connection/premises/voice platform, servers/firewall. The Customer shall remain liable for all costs incurred in the event of such fraudulent activity taking place in the Subscriber’s account/connection/premises/voice platform, servers/firewall. Nextel reserves its right to scan the Subscriber’s infrastructure/hardware for any external vulnerabilities/risks. Should Nextel detect a vulnerability/risk, Nextel will advise the Subscriber accordingly and require the Subscriber to eliminate or mitigate the vulnerability/risk at the Subscriber’s expense before providing further Service/s.
8.1 If the Subscriber commits a breach of any of the terms and conditions hereof and remains in default for a period of twenty business days after delivery to the Subscriber of a written notice (”notice of breach”) from Nextel calling for such breach to be remedied, Nextel shall be entitled forthwith and without further notice to the Subscriber to either terminate the Agreement or claim specific performance of all the Subscriber’s obligations, including the immediate payment of all sums of money payable by the Subscriber, whether or not then due, in either event without prejudice to Nextel’s right to claim such damages as it may have suffered by reason of such breach or failure.
8.2 Without prejudice to the provisions of clause 8.1 above, Nextel may forthwith terminate the Agreement at any time by giving Subscriber written notice of such termination if (i) the Subscriber fails to make payment of any charges on or before the due date for payment thereof; and/or (ii) the Subscriber within a 12-month period calculated from a notice of breach, receives a further two notices of breach; or (iii) in the event that the Subscriber is sequestrated, liquidated or placed under judicial management, irrespective of whether any of the aforesaid are provisional or final; or voluntary or compulsory.
8.3 Any termination pursuant to the preceding provisions of this clause shall be without prejudice to any claim Nextel may have against the Subscriber in respect of any prior breach of the terms and conditions of the Agreement by the Subscriber. Without derogating from any other rights or remedies available to Nextel in terms of the Agreement or at law, in the event of the Agreement being cancelled by the Subscriber (for whatsoever reason) prior to the expiry of the Contract Term or any Renewal Period, or in the event of Nextel electing to terminate the Agreement pursuant to any breach by the Subscriber which entitles Nextel to cancel:
8.3.1 The Subscriber shall be liable to Nextel and hereby agrees to pay on demand, the full charges payable to Nextel for the remainder of the Contract Term or Renewal Period, as the case may be. The charges shall include Legal Costs on the highest scale as between attorney and own client, Collection Charges, Early Cancellation Charges as well any other applicable Charges whether or not due at the time of cancellation.
9.1 Nextel acts as a collection agent for insurance brokers and/or underwriters in respect of the optional insurance of the Hardware and related risks as referred to the schedule or application form. Nextel shall not be liable to the Subscriber under any policy issued or claim declined pursuant to the Subscriber’s election to take insurance as provided in the schedule.
9.2 Unless the Subscriber specifically elects to take insurance for the Hardware and related risks or in accordance with the procedures introduced by Nextel from time to time, the Subscriber shall not be covered in respect of the Hardware and related risks.
9.3 If at any stage before or after the Subscriber elects to take insurance, the Subscriber requests from Nextel a summary of the terms and conditions of the applicable insurance policy, Nextel shall use its best endeavours to furnish same to the Subscriber as requested. It shall be the responsibility of the Subscriber to obtain and familiarise himself with the terms and conditions of the insurance policy applicable.
9.4 It shall be the responsibility of the Subscriber to insure the Hardware with any other insurance provider and to ensure that the premiums in respect of the insurance policy are paid timeously and in full. If the insurance is provided through Nextel and for any reason, Nextel omits to include insurance charges in a statement to the Subscriber; the Subscriber shall forthwith notify Nextel of such omission. Nextel may rectify the omission by debiting the Subscriber’s account with any amounts in arrears, subject to any terms and conditions which may be applicable under the relevant policy.
9.5 Save as provided herein, any queries which the Subscriber may have regarding or arising from the insurance of the Hardware and related risks, shall be directed to the insurance administrators or brokers, as the case may be whose particulars may be obtained by the Subscriber from Nextel.
10.1 In the event of the Subscriber failing to effect payment of any amount owing by them to Nextel on due date, then without derogating from Nextel rights in terms of clause 8, the Subscriber shall be liable to effect payment of interest to Nextel on the amount so owing at 5% (percent) per month, from due date to date of payment.
10.2 Unless specifically stated otherwise, all prices and charges set out in the Agreement and any price list are exclusive of Value-Added Tax and exclusive of any other applicable tax or duty, the liability of which shall vest with the Subscriber.
10.3 The rights and obligations of the Subscriber in terms of the Agreement may not be ceded or delegated to any third party. The rights and obligations of Nextel in terms of the Agreement may be ceded and delegated by it to any other party on written notice to the Subscriber.
10.4 Nextel may change the terms and conditions of this agreement as a result of changes in taxes, laws, regulations, the terms and conditions of the Licence issued to Nextel, the terms and conditions of any agreement between Nextel and/or any circumstances or events similar to the foregoing. Nextel shall notify the Subscriber of any changes as contemplated herein in writing.
10.5 A certificate under the hand of any Manager of Nextel certifying the sum of any amount owing by the Subscriber to Nextel shall be prema facie proof of its contents and sufficient proof for the purposes of enabling Nextel to obtain any judgement or order against the Subscriber.
10.6 In addition to these terms and conditions the Subscriber shall be bound by the terms and conditions applicable to the Add-Ons offered by Nextel. The Subscriber may be required to subscribe to Nextel Add-Ons which forms part of a mandatory subscription. The Subscriber shall, however, have a right to request to be exempted from such a subscription, which exemption shall be provided at the sole discretion of Nextel.
10.7 In the event of Nextel instituting legal proceedings against the Subscriber to recover amounts due to Nextel or take any other legal steps arising out of the Agreement, the Subscriber shall be liable for legal costs on the scale as between attorney and own client.
10.8 Should the Subscriber be placed under administration, sequestration or liquidation proceedings, or suffer any other legal disability which will negatively affect the Subscriber’s ability to make payment to the Service provider, the Subscriber is required to notify Nextel, in writing (except via SMS) within seven days of occurrence of the afore-mentioned events.
10.9 The Subscriber may not allow children to access the internet services unmonitored and that they do not access websites that have illegal content, including but not limited to pornographic content and/or gambling.
11.1 The Subscriber hereby consents/authorizes Nextel to disclose the Subscriber’s name, address and personal details to any party whenever it is reasonably necessary for Nextel to properly perform its functions or protect its interests, or for the purpose Of enabling the Network Operator or Nextel to provide emergency Services to the Subscriber, or directory or repair services and information to Network users generally. In addition, the Subscriber consents to Nextel using any information supplied by the Subscriber of the purposes of informing Subscribers of Nextel and/or Nextel’s affiliates or partners’ services which may interest the Subscriber from time to time.
11.1.1 The Subscriber hereby consents/authorises Nextel at any time, without notice to the Subscriber to obtain information about the Subscriber’s profile from any authorised and registered credit reference agency in the Republic of South Africa.
11.1.2 The Subscriber consents/authorises Nextel to provide regular reports in respect of Subscriber’s payment conduct to any authorised and registered credit reference agency in the Republic of South Africa.
11.1.3 The Subscriber consents/authorises receiving marketing, promotional updates and client satisfaction surveys from Nextel.
12. Sale of Hardware and conditions applicable
12.1 The sale of Hardware by Nextel to the Subscriber as set out in the Schedule and application form shall be subject to the following terms and conditions:
12.2 All risk in and to the Hardware supplied and delivered by Nextel to the Subscriber shall pass to the Subscriber on delivery.
12.3 Ownership in the leased Hardware will remain vested in Nextel until expiry of the Agreement. Ownership in the Hardware shall only pass to the Subscriber upon fulfillment of all its obligations in terms of this Agreement.
12.4 Nextel’s obligations in terms of any warranties pertaining to the Hardware shall be limited to the one year from the Effective date. Furthermore, the warranties are subject to the manufacturers prescribed warranties. All delivery costs shall be for the Subscriber’s account. Warranties exclude negligence, misuse, abuse, Power surges and incorrect installations.
12.5 Should the Subscriber, upon purchase of the Hardware discover any fault or defect in the Hardware, the Subscriber shall within three days of purchase return the Hardware to Nextel in the same condition and packaging as the Hardware was purchased along with the proof of purchase. Nextel shall replace the damaged or faulty Hardware. In the event of the Subscriber not returning the Hardware packaging to Nextel, Nextel may charge the Subscriber a packaging fee.
12.6 If the Subscriber migrates from one package option to another, Nextel may vary the amount of the subsidy applied at the time of the sale of the Hardware to the Subscriber. If the subsidy amount is reduced, Nextel shall be entitled to require the Subscriber to pay to Nextel the amount by which the subsidy has been reduced. It being understood that this charge does not constitute a migration fee, but enables Nextel to adjust the subsidy amount to the amount that would have been applicable at the time of sale of the Hardware if the Subscriber had first chosen the package option to which the Subscriber is changing.
12.7 Should the Subscriber return the Hardware for any reason whatsoever, the Subscriber shall furnish Nextel with the original tax invoice provided on purchase of the Hardware.
13. Miscellaneous matters:
13.1 Postal address:
13.1.1 Any written notice in connection with the Agreement must be addressed for the Attention of the Administrative Department:
184.108.40.206 In the case of Nextel to: Nextel Holdings (Pty) Ltd, 18 Van Staden Crescent Meyersdal 1447
220.127.116.11 In the case of the Subscriber to the postal address, fax number and email address set out in the Subscriber details application form to which these standard terms and conditions apply, and marked for the attention of the Subscriber.
13.1.2 The notice shall be deemed to have been duly given seven days after posting, if posted by registered post to the parties addressed in terms of this sub-clause.
13.1.3 On delivery if delivered to the party’s physical address in terms of either this sub-clause or the next sub-clause dealing with service of legal documents.
13.1.4 On dispatch if sent to the party’s physical address in terms of either this sub-clause or the next sub-clause dealing with service of legal documents.
13.1.5 Unless the addresser is aware, at the time the notice would otherwise be deemed to have been given, that the notice is unlikely to have been received by the addressee through no act or omission of the addressee.
13.1.6 Either party may change its Postal address for this purpose by notice in writing to the other party.
13.2 Address for service of legal documents (notices and domicilia) the parties choose the following physical addresses and fax numbers at which documents and legal proceedings in connection with the Agreement may be served.
18.104.22.168 In the case of Nextel, to: Nextel Holdings (Pty) Ltd, Address: 18 Van Staden Crescent, Meyersdal Alberton 1447, marked for the attention of the Administrative Department.
22.214.171.124 In the case of the Subscriber, to the physical address and fax number set out in the Subscriber details application form to which these standard terms and conditions are attached and marked for the attention of the Subscriber.
13.2.2 Either party may change its address for the purpose of the Agreement to another physical address in the Republic of South Africa by notice in writing to the other party.
13.3 Entire agreement: The Agreement contains all the express provisions agreed on by the parties with regard to the subject matter of the Agreement and the parties waive the right to rely on any alleged express provision not contained in the Agreement.
13.4 No representations: Neither party may rely on any representation which allegedly induced that party to enter into the Agreement, unless the representation is recorded in the Agreement.
13.5 Amendment and Waiver: Nextel reserves its right to amend these terms and conditions from time to time. No failure, delay, relaxation, or indulgence on the part of Nextel in exercising any power or right conferred upon it in terms of this agreement shall operate as a waiver of such power or right, nor shall any such failure, delay, relaxation or indulgence be deemed to be a novation of any of the terms and conditions of this agreement.
13.6 Indulgences: If either party at any time breaches any of that party’s obligations under the Agreement, the other party (”the aggrieved party”):
13.6.1 May at any time after that breach exercise any right that became exercisable directly or indirectly as a result of the breach, unless the aggrieved party has expressly elected in writing of a clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right (if the aggrieved party is willing to relinquish that right, the aggrieved party will on request do so in writing). In particular, acceptance of late performance shall for a reasonable period after performance be provisional only, and the aggrieved party may still exercise that right during that period.
13.6.2 Shall not be stopped (i.e. prevented) from exercising the aggrieved party’s rights arising out of the breach, despite the fact that the aggrieved party may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.
13.7 Applicable law: The Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.
14. Blacklisting Clause:
The Subscriber hereby gives permission to Nextel to register the information into the Subscriber’s payment conduct to any registered credit Bureau. The Subscriber waives its/his/her right to claim against Nextel in relation to the disclosure of information related to this provision. Nextel will give the Subscriber twenty business days of its intention to provide to a credit bureau any adverse payment information; and
14.1 Nextel reserves its right to Blacklist Hardware on the blacklisted account to prevent the further usage thereof.
The Subscriber acknowledges having read and accepted the terms and conditions of the Acceptable and Fair Usage Policy on Nextel’s website as well as the terms and conditions as set out herein. The Subscriber acknowledges that these terms and conditions may vary from time to time and shall be updated on Nextel’s website.
The Subscriber further acknowledges that the terms and conditions available on Nextel’s website will be applicable and binding in respect of any dispute arising.
The Subscriber acknowledges that any Add-Ons supplied to the Subscriber is in accordance to a separate agreement that the Subscriber is entering into. The Add-Ons are governed in accordance with their own terms and conditions. Furthermore, the Subscriber acknowledges that these terms and conditions will remain in force and effect until the end of the agreement entered into with the Subscriber. The Subscriber acknowledges that Nextel reserves the right to not provide any free or promotional initiatives to downward migrated contract/s. You acknowledge that the display of products is not a guarantee of the availability of any Hardware and that certain Hardware products may not be in stock at the time of submitting your order and delivery thereof may be delayed. Notwithstanding this, such delay/s shall not entitle you to withdraw your order unless we agree with you in writing that the duration of delay is unreasonable. The Subscriber acknowledges that the Service is provided on a best effort basis unless otherwise stipulated. Nextel may not be held liable for any consequence/s as a result of the result of the failure of the Service to fulfill the Subscriber’s expectations.
16. Interception of communications:
Subject to the provisions of Regulation of Interception of Communications and Provision of Communication-related information Act (RICA), 70 of 2002, the Subscriber acknowledges Nextel’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted via Nextel’s network. RICA may be accessed from http://www.info.gov.za/acts/2002/a70-02/index.html
The Subscriber acknowledges that there might be passwords that will be provided upon activation of Services and that the responsibility lies with the Subscriber to change the passwords to avoid access by any unauthorised user. The Subscriber further acknowledges that no unsupervised access to the Service will be allowed to minors.