Terms – Boost Networks

the fine print

BOOST TERMS OF SALE

1.1 “Acceptance
Date” means the date on which the customer accepted this agreement.

1.2
“Agreement” means this agreement entered into between the customer and BOOST
NETWORKS

1.3
“BOOST” means BOOST TECHNOLOGIES (Pty) Ltd TA BOOST NETWORKS, Registration
number 2020/195746/07
1.4 “Business Day” means Monday to Friday, but excludes Saturdays and a day
which is an official public holiday in the Republic of South Africa
1.5 Business Hours” means the hours between 09h00 and 17h00 on a Business Day
1.6 “CPA” means the Consumer Protection Act, 2008
1.7 “Customer” means a user or host of any BOOST services
1.8 “EC Act” means the Electronic Communications Act, 2005
1.9 “ECT Act” means the Electronic Communications Act and Transactions Act,
2002

1.10
“Equipment” means any device, equipment or hardware used to access the services
or used in conjunction with the services
1.11 “ICASA” means the Independent Communications Authority of South Africa
1.12 “Juristic person” means a company or close corporation and includes a body
corporate, partnership, association or trust;
1.13 “NCA” means the National Credit Act, 34 of 2005;
1.14 “RICA” means the Regulation of Interception of Communications and
Provision of Communication Related Information Act, 2002;
1.15 “Services” means any BOOST internet access package and any other related
internet services;
2.1 The agreement will commence on the activation date and endure as per the
agreed service period of a service, or otherwise provided in this agreement.
2.2 The customer may terminate this agreement by giving 1 (one) calendar
month’s written notice before the expiration of the agreed service contract to BOOST
under the conditions of a month-to-month contract.
2.3. Some business services may be delivered on a 12 (twelve) or 24 (twenty-four)
month contract and premature cancellation of such a contract will result in the
customer being liable for a cancelation charge.

2.4
Notwithstanding the termination of the agreement, in the event that the
customer continues to use the services despite the termination of the
agreement, the customer will remain liable for and promptly pay on demand all
amounts that would have been due to BOOST as a result of the use of or access
to the services and this agreement shall be deemed to continue to apply until
such time as all amounts due to BOOST have been paid in full.
2.5 If the agreement results from any direct approach to you by BOOST or is an
electronic transaction as contemplated in the ECT Act, the customer will be
entitled to cancel the agreement on written notice to BOOST without reason or
penalty within 5 (five) Business Days of, in the case of services only being
provided in terms of the agreement, the acceptance date.
3.1 Although the agreement is not a credit agreement as contemplated in the
NCA, the customer’s application for a service or equipment may be subject to a
credit referencing or risk assessment process. This means that BOOST may
utilize the information provided by the customer and the credit record from
registered credit bureaus in order to determine whether the customer will be in
a position to meet the obligations under the intended Agreement. BOOST will be
entitled to decline to activate services that the customer applies for if BOOST
reasonably determined that the customer may not be able to meet its commitments
under the agreement.
3.2 BOOST will be entitled to perform these assessments each time the customer
applies for services or equipment.
4.1 BOOST will use reasonable endeavours to make its services available to the
customer, and to maintain the availability for use by customers.
4.2 BOOST will use its best endeavours to notify the customer in advance of any
maintenance and repairs which may result in the unavailability of a service but
cannot always guarantee this.
4.3 Any non-dedicated service will be of a shared service nature. Meaning that
any such shared service can carry up to a 10:1 contention ratio and a maximum
capacity available.
BOOST does not force any contention as a rule.
4.4 Shared services are AIRFIBRE HOME and HOME WIRELESS
4.5 Any shared service guarantees 75% download of actual speed in peak hour
traffic between 6pm and 11pm and is sold as an “up-to” speed.
4.6 Any shared service guarantees 50% upload of actual speed at any given time
and is sold as an “up-to” speed.
4.7 Shared services are delivered as a best-effort service and any client site
or last-mile fault will be repaired within 48 to 72 hours.
4.8 Shared service repairs are not available on Sunday’s
4.9 Dedicated business services carry a service delivery guarantee.
4.10 AIRFIBRE BUSINESS and MUTITENANT FIBRE are broadband services and while BOOST
do not force any contention, such service may still be subject to a 2:1
contention ratio.
4.11 Business Broadband services guarantee up to 85% of download and upload
speed
4.12 Business Broadband services client site or last-mile faults will be
repaired within 8 to 24 hours Monday to Saturday.
No repairs are done on Sundays unless the client holds a PREMIUM SLA
4.13 Client has the option to upgrade to a PREMIUM 5.5 hour MTTR SLA at an
additional cost of R950pm
4.14 Should the service to the customer be delivered via a 3rd party operator,
such SLA will be back to back with the network operator as per their MTTR SLA
5.1 All external equipment installed or provided by BOOST remains the property
of BOOST and the customer agrees that:
5.1.1 the customer will take reasonable care of such equipment.
5.1.2 the customer may not sell, lease, mortgage, transfer, assign or encumber
such equipment.
5.1.3 the customer may not re-locate such Equipment without BOOST’s knowledge
and permission.
5.1.4 the customer will inform any landlord that such Equipment is owned by BOOST
and therefore not subject to any landlord’s hypothec; and
5.1.5 the customer will return such equipment to BOOST, at the customer’s expense,
upon termination of the services to which the Equipment is related.
5.2 Any cancellation or ending of service will result in BOOST decommissioning
all external equipment as was installed.
5.3 Any equipment installed by BOOST will be maintained, and in case of
failure, replaced free of charge to the customer
5.4 Any equipment bought from BOOST by the customer will be repaired under OEM
warranty and hardware out of warranty will be replaced by the customer
5.5 Any and all on-site support and repairs are subject to a R550 call out fee.
5.6 Be it a warranty repair, repair due to hardware failure (being BOOST or
CUSTOMER hardware) or under performance of equipment will still be subject to a
R550 call out fee
5.7 BOOST offers free of charge telephonic and email support to all customers.
5.8 Such support is available from Monday to Friday 09:00 am to 5:00pm during
normal office hours.
5.9 Afterhours support is only available on email by sending to support@boostnet.co.za
5.10 BOOST offers on-site support to home and business users.
5.11 Any such on-site support will be subject to a R550 call-out fee regardless
of the fault found.
5.12 PREMIUM SLA customers enjoy 24/7 365 on-site support at no additional
charge
6.1 All internet and subscription services are payable in advance.
6.2 Installation, Connection and Pro-rated fees are payable within 72 hours of
the service going live
6.3 Debit orders for such services will be collected from the customer’s
nominated bank account within the said 72 hours after installation.
6.4 To the fullest extent permitted by law, all amounts due and payable in
terms hereof shall be paid free of exchange and without deduction or set-off,
by way of a direct debit order in favour of BOOST (drawn against a current
banking account nominated by the customer), or in such other manner as BOOST
may from time to time determine.
6.5 The customer agrees that:
6.5.1 BOOST will be entitled and authorized to draw all amounts payable in
terms of the agreement from the account specified
6.5.2 the debit order will commence on the activation date and will continue
and not be revoked until termination of this agreement or until all amounts due
and owing to BOOST have been fully and finally discharged.
6.5.3 the debit order will commence on the activation date and will continue
and not be revoked until termination of this agreement or until all amounts due
and owing to BOOST have been fully and finally discharged.
6.6 Should the customer fail to pay any amount on the due date for payment then
BOOST may, without prejudice to any of its other rights and remedies:
6.6.1 take all such further steps as may be necessary to recover the
outstanding amount from the customer, including without limitation the use of
debt collection mechanisms
6.6.2 suspend the customer’s access to the service or the use of any product
with notice to the customer until such time as the outstanding amount has been
paid in full; or
6.6.3 terminate all services with immediate effect.
6.6.4 To the fullest extent permitted by law, all amounts due and payable in
terms hereof shall be paid free of exchange and without deduction or set-off,
by way of a direct debit order in favor of BOOST (drawn against a current
banking account nominated by the customer), or in such other manner as BOOST
may from time to time determine. It is recorded and the customer acknowledges
that several BOOST products (like Internet and VoIP line rental) are payable
monthly in advance.
6.7 Should the customer’s debit order not be honoured for whatever reason, BOOST
will be entitled to charge the customer a reasonable re-connection fee of R75.
7.1 All external equipment installed or provided by BOOST remains the property
of BOOST and the customer agrees that:
7.1.1 the customer will take reasonable care of such equipment.
7.1.2 the customer may not sell, lease, mortgage, transfer, assign or encumber
such equipment.
7.1.3 the customer may not re-locate such Equipment without BOOST’s knowledge
and permission.
7.1.4 the customer will inform any landlord that such Equipment is owned by BOOST
and therefore not subject to any landlord’s hypothec; and
7.1.5 the customer will return such equipment to BOOST, at the customer’s
expense, upon termination of the services to which the Equipment is related.
7.2 Any cancellation or ending of service will result in BOOST decommissioning
all external equipment as was installed.
8.1 Subject to any other provisions set out in this terms and conditions,
should the customer be in breach of any provision of this Agreement, then BOOST
shall be entitled, without prejudice to any other rights that it may have and
to the extent, required or permitted, as the case may be, by law, to forthwith:
8.1.1 afford the customer a reasonable opportunity to remedy the breach
considering the nature of the breach in question; or
8.1.2 suspend the customer’s access to services
8.1.3 cancel all agreements concluded between BOOST and the customer; or
8.1.4 claim immediate performance and/or payment of all obligations in terms
hereof.
8.2 Should BOOST suspend, disconnect, or terminate the customer’s services, BOOST
will be entitled to, charge the customer a reasonable fee of R75 for
reconnecting the customer’s services.
9.1 The customer hereby unconditionally and irrevocably indemnify BOOST and
agree to indemnify and hold BOOST harmless against all loss, damages, claims,
liability and/or costs, of whatsoever nature, howsoever and whensoever arising,
suffered or incurred by BOOST as a result of any claim instituted against BOOST
by a third party (other than the customer) as a result of (without limitation):
9.1.1 the use of BOOST services or products other than as allowed or prescribed
in the Agreement.
9.1.2 any other cause whatsoever relating to the Agreement or the provision of
services or products to the customer where the customer have acted wrongfully
or failed to act when the customer had a duty to so act.

9.2
To the fullest extent possible, the customer disclaims all responsibility or
liability for any damages or loss howsoever arising, including but not limited
to direct, economic, consequential loss or loss of profits, resulting from the
use of or inability to use the services in any manner or from any reliance on
the services in any way.
9.3 The customer agrees to indemnify and hold harmless BOOST, its members,
employees, servants, subcontractors and partners from any demand, action or
application or other proceedings, including for attorney’s fees and other
related costs made by any Third Party and arising out of or in connection with
this Agreement and or the inability of any User to use the services.
9.4 The customer acknowledges its responsibility for its own internet security
and privacy. Customers are strongly advised to install firewalls and anti-virus
software for their own protection.
10.1 Save to the extent otherwise provided for in this Agreement or where the
customer is entitled to rely on or receive, by operation of law, any
representations, warranties or guarantees, BOOST do not make or provide any
express or implied representations, warranties or guarantees regarding the
availability, accuracy, reliability, timeliness, quality, security of any
product or services.
10.2 Without limiting the generality of the provisions of clause

10.3, BOOST
shall not be liable for and the customer will have no claim of whatsoever
nature against BOOST because of –
10.2.1 any unavailability of, or interruption in the services due to an
uncontrolled event.
10.2.2 any damage, loss, cost or claim which the customer may suffer or incur
from any suspension or termination of the service/s for any reason contemplated
in the Agreement.
10.3 In addition to and without prejudice to any other limitations of liability
provided for in the Agreement and to the fullest extent permitted by applicable
law, BOOST shall not be liable to the customer for any direct damages howsoever
arising and neither party shall be liable to the other for any special,
indirect, incidental, consequential or punitive damages arising out of or
relating to this Agreement, whether resulting from negligence, breach or any
other cause. To the extent that a competent court or tribunal or other
competent dispute resolution body or authority finally determines,
notwithstanding the exclusion contained in this clause, that BOOST is liable to
the customer for any damages, BOOST’s liability to the customer for any damages
howsoever arising shall be limited to the amounts paid by the customer under
this Agreement in consideration for services or a product during the
immediately preceding 12 (twelve) month period in respect of the services or
product which gave rise to the liability in question.
10.4 The customer may not sell, cede, assign, delegate or in any other way
alienate or dispose of any or all of its rights and obligations under and in
terms of this Agreement without the prior written approval of BOOST. BOOST
shall be entitled to sell, cede, assign, delegate, alienate, dispose or
transfer any or all of its rights and obligations under and in terms of this
Agreement to any of its affiliates or to any third party without the customer’s
consent and without notice to the customer.
11.1 Notwithstanding any other terms of this Agreement, the customer hereby
consents to the jurisdiction of the Magistrate’s Court in the Republic of South
Africa in respect of any proceedings that may be initiated by BOOST arising out
of this Agreement, provided that BOOST shall be entitled, in its reasonable
discretion, to institute such proceedings in the High Court of South Africa
and, in such event, the customer consents to the jurisdiction of such court.
11.2 The parties acknowledge and agree that this Agreement constitutes the
whole of the agreement between them and that no other agreements, guarantees,
undertakings or representations, either verbal or in writing, relating to the
subject matter of this Agreement not incorporated in this Agreement shall be
binding on the parties. No changes or cancellation of this Agreement by the
customer will be binding on any of the parties unless recorded in writing and
signed by both parties, notwithstanding activation of the service.
11.3 The customer agrees that any invoices or notices sent by BOOST to the
customer in terms of any agreement concluded between the parties may be sent
via e-mail unless otherwise prescribed by law.
11.4 BOOST does not have a FUP (Fair Usage Policy) but request that customers
do not abuse the service beyond normal usage
11.5 No indulgence, leniency, or extension of time which BOOST may grant or
show to the customer shall in any way prejudice BOOST or preclude BOOST from
exercising any of its rights in the future
11.6 The physical address for any legal or official correspondence to BOOST is:
15A Bonaero Park Centre, 6 Atlas Road, Kempton Park 1622