- EASYCOMS establishes a communication link between the CLIENT Premises Equipment (CPE) and the EASYCOMS network and all services are delivered via this link and through EasyComs' licensed network The service connection is available 24-hours per day. We will advise in advance when we know we have to interrupt the service for maintenance. Should network service be affected by extreme weather, hardware breakdowns or other unexpected reasons, we will respond as soon as it is safe to attend to any problems. In such circumstances we send alerts by sms, and recorded messages on our support line 028 754 6226 advise of any callers of known problems and expected resolution time.where this is possible.
- The EASYCOMS service is considered to be working and delivered if internet is available from the LAN cable on the CPE equipment.
- End-user support, including additional hardware OR technical support, is usually provided by your local ISP and where your location is near at hand, EasyComs is happy to assist. Whilst we are happy to help when we have time, our main focus is on maintaining the network and you should take whatever training you require to most effectively run your own computer.This includes finding help on how to run programs, operate email and general operation of any computer equipment and related hardware & software. Where EASYCOMS assists clients, it does so in good faith and makes no warranties or guarantees whatsoever. Such help in no way obliges EASYCOMS to continue providing such support or assistance and EASYCOMS is entitled to charge at its standard rates and at its own discretion for such assistance.
- Where incorrect operation causes faults that have to be corrected by specialists, these services are charged at the rates applicable to that service or specialist.
- The CLIENT agrees to access via the EASYCOMS network under the technical conditions pertaining to the subscription package chosen. Standard packages can be viewed online by clicking on the internet access application form on our home page and then open the downloadable PDF version.
- Some of our larger packages now include telephone lines and/or extra email addresses.
- We no longer passdiscounts for debit orders. We don't mind how you pay - so long as you do so on time !
- APPLYING THE CPA
We have taken steps to comply with the provisions of the Consumer Protection Act (CPA).Our service agreements all run for 24 months - which is the commitment we need from our customers to be able to recover, over time, the investment we invest in our infrastructure, and related wholesale services, to be in a position to provide the end user with the services specified in the agreement. The Act allows customers to cancel their agreement under the following conditions - 20 working days written notice of cancellation must be given, either in advance of the termination date OR at any time during the term of the agreement. Where an agreement is terminated before the full term of the agreement, we service providers are entitled to recover what is deemed to be a 'reasonable' fee as a recovery of our costs incurred in providing that service. The extent of this 'reasonable' fee has not yet been clarified by proclamation in the Government Gazette. For clarity, we deem the cost to be 20% of the balance of a running agreement that has been cancelled.
How Cancellation of a live agreement works
In this example, we will assume that you have signed up for a service package costing R100 per month. If you want to cancel the agreement at any point, the following would apply:
1. you would consider how much of the term of the agreement is left to run.
2. the agreement can be cancelled with 20 working days notice, meaning that the existing agreement is cancelled in time OR the agreement has run its term and is considered to be running on a month-to-month basis OR the agreement has at least two months left to run - in which case you would give 20 working days notice and a cancellation fee equal to 20% of the balance of the agreement would apply.
It is inderstood by the authorities that operators are entitled to recover a reasonable cost incurred by them in providing the services to the end user. Whilst the extent of this charge has not been stipulated at the time of publishing this article, we have decided that a charge based on 20% of the value of the remaining period would apply as a cancellation fee.For e.g.: where the remaining term is 5 months at R100 per month, the 20% cancellation charge would amount to 1/5th of the remaining term OR 1 months fees = R100. The charge obviously varies depending on the period remaining
- Where additional end-user equipment or services such as training are required by a client, and including any internal network configurations and installation, these may be referred to a third party company and is strictly between the client and the third party service provider. Such additional work is done entirely separately from the EASYCOMS installation and the contract for this additional work is between the client and the service provider concerned under their terms & conditions. No disputes will be entered into by EASYCOMS whatsoever. We recommend, but do not enforce, that signed orders be secured by installers. A verbal request for additional installation such as LAN equipment will be considered a binding order to be carried out by third parties. Should any dispute arise, the client agrees to honor the order at quoted charges and to adhere to that company's Terms & Conditions. EASYCOMS may disconnect a client who is in default of payments to third parties under these Terms & Conditions.
- Equipment is covered by the suppliers warranty and in the case of malfunction, we (EASYCOMS) may install a loan unit while the clients equipment is sent to the supplier for evaluation and repair and a report. If the equipment is not under warranty or cannot be repaired, we can install a replacement unit at cost. The client is responsible for their own equipment and must take whatever steps they deem necessary to protect themselves against loss, including taking insurance cover, installing security or spike protectors, etc. Any damage to client equipment or property during OR after installation is solely for the clients account. The client specifically agrees that any insurance or cover for their equipment and/or property will be arranged by themselves. EASYCOMS and its installers including ISP's will take due care but accept no responsibility for any equipment failure or damages.
- EASYCOMS gives no express or implied guarantees with regard to our services besides the ones laid out in this contract.
- The use of information and other services on the EASYCOMS network is at the client’s own risk. EASYCOMS assumes no responsibility, with regard to the quality or reliability of data accessed via EASYCOMS networks.
- The use of the EASYCOMS network by the CLIENT, for the transmission of material that violates any current law and/or any associated regulations are prohibited. All content and material used on the EASYCOMS network that may be considered as prejudicial to third parties is prohibited.
- The CLIENT will accept all consequences of their own activities over the EASYCOMS network. The CLIENT indemnifies EASYCOMS and its employees & contractors against all liabilities, claims, costs and expenses of whatsoever nature arising directly or indirectly from user activities.
- E-mail attachments: Excessively large attachments should be avoided as these generate unnecessary traffic and may cause e-mail delivery failures. EASYCOMS network security automatically quarantines e-mails that have double-barrelled file extension attachments. EASYCOMS does not allow attachments with double-barrelled file extensions to enter or leave our network because such files are well-known to hide nasty viruses. Please educate your people NOT to use/send filenames with double-barrelled extensions. The proper file naming convention for attachments to e-mail should be either "document.doc" or "document.rtf" and never "document.doc.rtf. E-mail with more than 15 recipients will be blocked as spam. Newsletters should be sent using newsletter services - details are available on request from EASYCOMS office. Any form of spam is strictly prohibited and clients found to be sending or relaying spam may be disconnected. Whilst EASYCOMS network includes anti-virus and anti-spam measures, clients are nevertheless responsible for taking steps to protect themselves from virus attacks and spam according to the clients own requirements. Where EASYCOMS picks up and reports a virus outbreak to a client, that client agrees to, and is expected to, promptly and effectively eradicate the virus outbreak. EASYCOMS may elect, at its sole discretion, to disconnect the client if such virus attacks cause e-mail spam or other virus-related traffic, or where network security is deemed to be threatened. Reconnection will be subject to all virus-related activity being eradicated.
- Access to other networks and services via the EASYCOMS network must conform to the standard norms and regulations governing access to these services, e.g. UseNet, Newsgroups, etc.
- A CLIENT may not provide EASYCOMS access to third parties without the express written permission of EASYCOMS.
- EASYCOMS reserves the right to introduce, at any time, internal regulations that may result in changes in the use of the EASYCOMS network. All these regulations will be publihed on the EASYCOMS web page www.easycoms.co.za
- EASYCOMS reserves the right to alter the technical parameters and/or rules of the packages at any time. Wherever possible, EASYCOMS will endeavour to notify you in advance of any changes that may affect end users.
- All equipment installed by EASYCOMS at a CLIENT premises remains the property of EASYCOMS, unless a contract is entered into transferring ownership of said equipment to the CLIENT.
- The CLIENT undertakes, subject to clause 12 hereunder, to maintain all the equipment that EASYCOMS installs at CLIENT premises taking all normal precautions to be taken when using electronic equipment.
- EASYCOMS will assume responsibility, at its own cost, for the maintenance of equipment installed. This does not include problems resulting from misuse or negligence on the part of the client, nor does this include theft of equipment. Equipment damage arising from equipment failure or malfunction will be replaced and sent for testing before EASYCOMS will advise whether the loss is covered by the manufacturers warranty. Such equipment may be repaired or replaced by EASYCOMS / the manufacturer at their sole discretion. The client is responsible for the unit and should arrange cover against loss due to theft, lightning and other acts of God. Reasonable access will need to be provided by the CLIENT to EASYCOMS personnel for repairs and replacement in this event.
- EASYCOMS is the only entity authorized to provide technical maintenance on the equipment installed at the CLIENT premises. Modification or re-configuration by any other entity, without the written consent of EASYCOMS, is strictly prohibited and will immediately void any warranty.
- EASYCOMS undertakes to inform the CLIENT in advance of any scheduled maintenance that may interrupt the service. Notification will be done by e-mail to the clients registered e-mail address.
- EASYCOMS will do its best to advise all users of an unplanned or emergency interruption in service, where this is possible. Contact will be via e-mail, unless said interruption affects transmission of internal e-mail.
- EASYCOMS may (at its descretion) refund the CLIENT the installation portion of the initial setup cost, if service is cancelled within one month of the installation date. The equipment must be un-installed by an EASYCOMS technician.
- The CLIENT undertakes to make payment for subscriptions in advance of each month, and prior to the date of expiry of the previous subscription period. The service is provided on a continuous basis and no credits or offsets will be applied.
- The EASYCOMS casual subscription period will automatically renew on a month-to-month basis, until written notification is provided by the CLIENT with at least one calendar month's notice prior to termination of the service.
WAIVER OF LEGAL COSTS Any costs will remain solely for the initiating parties account. This means that EasyComs will not respond to legal threats, and if forced to do so, will require that the other party lodges a deposit for the estimated total costs of any anticipated action, and users agree to this when they sign up for service.
- EASYCOMS reserves the right to change the priority of access to the EASYCOMS network if payment is not made before the expiry of the monthly prepaid subscription periods. If no payment is received 7 days after subscription expiry, the services will be suspended. After 30 days, the service may be terminated at the sole discretion of EasyComs. All other contractual obligations in this document remain in place without prejudice to the rights of EASYCOMS, until terminated by EASYCOMS.
- EASYCOMS shall be entitled, without prejudice to any of its legal rights, to suspend CLIENT’S access to the services and/or cancel this agreement in the event that CLIENT is in breach of any provision in this agreement, and has failed to rectify such breach within 10 days written notice to do so - written notice to be by e-mail to the clients registered e-mail address. Should EASYCOMS institute action against CLIENT as a result of a breach of this agreement, then EASYCOMS will be entitled to recover legal costs on an attorney and own client basis.
- Notwithstanding the aforesaid terms, EASYCOMS will not be liable to client or any other person/entity as regards any loss or damage caused by or arising from the interruption and/or unavailability of the service howsoever arising. No credits are claimable for service interruptions nor is a refund payable where clients choose to cancel service for whatever reason.
- Notwithstanding the aforesaid terms, the CLIENT and/or any other person/entity will not have any claim against EASYCOMS howsoever arising for direct damages, indirect damages, loss of profits, and incidental, special or consequential damages.
- The service agreement, read together with these terms and conditions and any other applicable limitations or terms published on this site, and especially including the AUP (Acceptable Usage Policy ) constitute the sole record of the service agreement between the customer and the service provider:
- No party shall be bound by any representation, warranty, promise or the like not recorded herein.
- Variations of terms and conditions affecting this agreement, as may be required from time to time by changes in legislation or as may be required to protect the rights of the service provider and/or customer, will be published on this webpage.
- No extension of time or indulgence which the service provider may grant to the customer, shall constitute a waiver of any of the rights of the service provider / network operator.
- The CLIENT chooses domicilium citandi et executandi for the purpose of giving any notice, paying any sum, serving any process or for any other purpose arising from this agreement at the address provided to EASYCOMS when subscribing to this service and agrees that any notice sent in terms of this agreement may be sent via e-mail to the clients registered e-mail address.
- The CLIENT accepts the jurisdiction of the Magistrate’s Court in respect of any action or legal proceedings that may arise directly or indirectly out of this agreement provided that EASYCOMS may be entitled at its sole discretion to institute proceedings in the High Court and in such event the CLIENT consents to the jurisdiction of such court.
(3) EASYCOMS respects customer privacy and the privacy of those accessing our website, or those websites hosted by us. We undertake to protect the confidentiality of our customers and users including all personal information supplied in the course of contracting with us for services. We undertake not to sell your personal information to third parties for commercial or marketing purposes.
Collection of Personal Data
(4) EASYCOMS collects personal data about our users when you visit a website hosted by us; apply for a service subscription; respond to a customer questionnaire; and through the use of cookie technology. We may also combine information about you that we have with information we obtain from our business partners or affiliates.
A cookie is a data file that sits on your computer hardisk. The cookie is placed there by a remote web server that you have visited using a browser like Netscape or Internet Explorer. It is used to uniquely identify you during web interactions with a website and contains data parameters that allow the remote HTML server to keep a record of who you are, and what actions you take at the remote web site. You have the option to disable the cookie function in your browser, but will be restricted from accessing many sites as a result.
Use of Personal Data
(5) EASYCOMS may, on occasion, use your personal information to contact you about promotional offers; advise you of matters relevant to service provision and in some cases, solicit your feedback. However, EASYCOMS will provide you with an option within every communication to opt out of receiving any communications of this nature or you can contact our customer services representatives to ensure that you do not receive such promotional information, at +27-28-754-6222.
(6) EASYCOMS may collect and share aggregated user data with business partners, sponsors or other third parties for the purposes of developing content and ensuring relevant advertising and content, such user data will never be used to identify individual users. These business partners and affiliated companies do not have any independent right to share this information.
(7) EASYCOMS may log the websites you visit; collect IP addresses and information about your operating system and the type of browser you use for the purposes of network/system administration; to report aggregate information to our advertisers, and to audit the use of our site. This data however will not be used to identify individual users who will at all times remain anonymous.
(8) Any information EASYCOMS collects from you through correspondence with us, whether via e-mail, telephonically or by written letter, will only be used to address the matters within that correspondence. If this requires referring such correspondence within EASYCOMS or to a third party to ensure customer service, your personal information will only be disclosed to the point necessary to address your query or concerns, and will otherwise be kept confidential.
Public Space (Bulletin Boards, Chat Rooms and Third-Party Sites)
(9) Any information that customers disclose in a public space, including on any bulletin board, chat room or any site EASYCOMS may host for you, is available to anyone else who visits that space. EASYCOMS cannot safeguard any information you disclose there.
(11) EASYCOMS will not enter into a service subscription contract with a minor unless such minor has explicit written consent from a parent or guardian to do so.
Reservation of Rights
(12) EASYCOMS reserves the right to disclose information about customers where required in good faith, to do so by law or to exercise our legal rights or defend ourselves against legal claims.
(13) EASYCOMS further reserves the right to share information with law enforcement to investigate or prevent illegal activities being committed over our network.
(14) EASYCOMS reserves our rights to disclose your personal information where you have given us explicit legal written consent to do so.
(15) EASYCOMS reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.