Terms and conditions

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  2. Terms and conditions
    1. SERVICE DELIVERY, SERVICE AVAILABILITY

    1.1          Link Connect Services (Pty) Ltd (hereafter referred to as Link Connect) will use reasonable endeavours to make its services available to the customer, and to maintain the availability for use by customers. However, Link Connect will provide the services “as is” and “as available” and does not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to the customer’s delivery timeline requirements, subject always to the provisions of the CPA, where applicable, and subject to any Service Level Agreement, where applicable.

    1.2          Link Connect 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.

    1.3          The parties choose as their domicilla citandi et exectandi the address set out on the front page of this agreement,

     

    1. PAYMENT

    2.1          The customer agrees to pay all amounts due under this agreement.

    2.2          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 Link Connect (drawn against a current banking account nominated by the customer), or in such other manner as Link Connect may from time to time determine.

    2.3          The customer agrees that:

                   2.3.1      Link Connect will be entitled and authorised to draw all amounts payable in terms of the agreement from the account specified;

                   2.3.2      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 Link Connect have been fully and finally discharged;

                   2.3.3      the customer will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause 2.3;

                   2.3.4      the customer’s first bill may be for part of a month and the customer will be charged for the number of days left in the month in which the customer signed up or switched over, plus the subscription for the next month.

    2.4          Should the customer fail to pay any amount on the due date for payment then Link Connect may, without prejudice to any of its other rights and remedies:

                   2.4.1      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; agrees to pay all fees including collection costs & commission, tracing fees, interest and legal fees.

                   2.4.2      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

                   2.4.3      terminate this agreement with immediate effect.

    2.5          It is recorded and the customer acknowledges that several Link Connect products (like Internet and VoIP line rental) are payable monthly in advance.

    2.6          Should the customer’s debit order not be honoured for whatever reason, Link Connect will be entitled to charge the customer a reasonable administrative fee.

    2.7          If any changes are proposed to any terms of an agreement between Link Connect and any Third-Party supplier impacts on the provision of any services or products in terms of this Agreement, Link Connect shall be entitled to amend the terms, fees or charges for its services or products at any time on 30 (thirty) days’ notice to the customer. The amendment will take effect on the date indicated in the notice.

    2.8          Link Connect will use reasonable endeavours to inform the customer well in advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.

    2.9          To the extent that Link Connect incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for account of the customer to the extent permitted by law, including attorney and own client costs.

     

    1. EQUIPMENT

    3.1          Except for equipment that the customer had fully paid for, all equipment installed or provided by Link Connect remains the property of Link Connect and the customer agrees that:

                   3.1.1      the customer will take reasonable care of such equipment, including surge protection;

                   3.1.2      the customer may not sell, lease, mortgage, transfer, assign or encumber such equipment;

                   3.1.3      the customer may not re-locate such equipment without Link Connect’ knowledge and permission;

                   3.1.4      the customer will inform any landlord that such equipment is owned by Link Connect and therefore not subject to any landlord’s hypothec; and

                   3.1.5      the customer will return such equipment to Link Connect, at the customer’s expense, upon termination of the services to which the equipment is related.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility. This disclaimer does not exclude any damages that are attributed to the negligence of Link Connect or any of its employees.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

  1. How these terms apply to you

1.1. The basic services offered by this website “Link Connect” are provided to you free of charge: on an “as is” and “as available” basis. Link Connect uses its best efforts to maintain the quality of its services, but you should not assume that Link Connect is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

  1. Content and Disclaimers

2.1 Link Connect links you to sites and information located worldwide throughout the Internet. Because Link Connect has no control over such sites and information, Link Connect offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.

2.2 Link Connect shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

2.2.1 any unauthorised access of this website by third parties

2.2.2 any breakdown or failure of any equipment or medium of access to this website

2.2.3 any failure or unavailability of Link Connect or any third parties’ facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website

2.2.4 the destruction or accessing of the User’s data or equipment

2.2.5 any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

2.3 You hereby indemnify Link Connect against any demand, claim or action against Link Connect relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.

2.4 Link Connect reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

2.5 Unless expressly stated to the contrary, Link Connect owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.

2.6 You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via Link Connect. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

  1. Evolution and the need for flexibility

3.1 The Internet in general is rapidly evolving and Link Connect is new and in constant development. Link Connect reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. We will notify you of changes to these Terms or the Privacy Policy by sending you an e-mail to your registered e-mail address. If you do continue to use Link Connect after a change to the Terms or the Privacy Policy and given notice to you in any of this way, you shall be deemed to have agreed to the relevant variation.

3.2 Over time Link Connect intends to expand the services that you are offered. When a new service is introduced Link Connect may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms.

3.3 Link Connect may set maximum limits for (i) the numbers or sizes of email messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access Link Connect. These limits may vary over time without notice to you.

  1. Access to Link Connect and Registration

4.1 As Link Connect evolves certain services may require a minimum equipment or bandwidth specification. We will try to inform you of these requirements but it is your responsibility to ensure that you have the right equipment or bandwidth for these services at the time of access. We are not liable for any failure to use Link Connect caused by your failure to do so.

4.2 Some parts of Link Connect may be accessible only to users who subscribe or pay a “per-use” charge. These sections will be clearly marked.

4.3 On registration you must provide accurate and complete information as prompted by the registration form or any other request made by Link Connect “User Data”. If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.

4.4 If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if Link Connect has reasonable grounds to suspect that any User Data is inaccurate or incomplete Link Connect may suspend or terminate your account and access to the services.

4.5 You may unsubscribe from Link Connect at any time by contacting Link Connect at support@linkconnect.co.za

  1. Your obligations

5.1 You acknowledge that by using Link Connect and accessing our third-party links you may be exposed to content that is of an adult nature or is offensive, indecent or objectionable. Link Connect is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.

5.2 You must not use Link Connect in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

Acceptance of these Terms and Conditions mean that you accept, understand and agree to the afore-mentioned disclaimer.

Our Rights

We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
  4. Change the price of any of the services or products offered, we endeavour to notify our clients within 2 weeks should this become necessary.
  5. Increase the speed or amount of available data at any time, provided it is at no extra cost to the end user/client.
  6. Withdraw any Promotions, Special Offers, Specials or Competitions at any time.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Errors and Omissions Excepted

Neither Link Connect (Pty)Ltd. nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website and/or other channels of communication. Furthermore, Link Connect (Pty)Ltd. makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to support@linkconnect.co.za.

Link Connect (Pty)Ltd shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Link Connect (Pty)Ltd. will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

 

Cancellations Policy

The cancellation of a product or service is the clients responsibility. Cancellations must be actioned from the client control panel by the 24th for debit order / subscription clients, cancellations actioned after the 24th will be actioned for the end of the following month. If your payment method is Credit card you are able to process your cancellation for the end of the current month from the Client Control Panel for selected services (excludes ADSL Lines). Should you require your log in details for the client control panel please use the forgot password function on our website. Email, fax and telephonic cancellations will not be accepted, all cancellations must be processed via the client control panel. Failure to cancel your services will result in your service or product being activated for the new month and therefore liable for payment.

If the Fibre Line cannot be installed or the installation/activation is cancelled within 6 months the client will have the option of purchasing the router or returning it to us in its original packaging and condition. In cases where the installation/activation has been cancelled by the client, the collection costs will be for the clients account.

Link Connect will not be held responsible for incorrect cancellations processed via the Client Control Panel, or be liable for any losses incurred.

**All cancellations require a 30 calendar day notice period in writing, before the last working day of the month. Early cancellations for new installations (under 12 months) will face a penalty of a minimum of R1750 excl and for line migrations (under 12 months) a Substitution fee of R1500

*Please note: By placing an order with us you agree to our T’s & C’s and once an installation has been completed by us the line is considered active and early cancellation fee’s apply if line is cancelled within 12 months

 

I accept and understand that:

The service will be subject to:

  1. Provisions of the Electronic Communications Act No 36 of 2005 (“the ECA”). Telkom’s Public Switched Telecommunications Service License Conditions, SAIX & MTN Conditions of Service as amended from time to time. (A copy of these conditions is available from Telkom, SAIX & MTN).
  2. I will rent the service for the contract term as indicated in this order. Cancellation via control panel is the accepted cancellation method.
  3. Link Connect will be entitled to change the price of any service purchased or discontinue a service or product type. Link Connect endeavors to provide clients with reasonable notice of such changes.
  4. Link Connect reserves the right to limit the methods of payment options per service or product type.
  5. Should I/we fail to pay my/our account I/we shall be liable for any resultant reconnection, collection, tracing and/or legal fees and my services will be suspended.
  6. Link Connect will be entitled to verify the information contained on the client’s order form and generally make enquiries it deems necessary. Link Connect will also be entitled to furnish any information regarding the client’s account with Link Connect and his compliance with these conditions to any credit bureau / Bank
  7. I/we hereby indemnify Link Connect against any damage, loss, claims or cost that may result from the work being done in connection with the connection and / or removal of the service.
  8. Any damage to the fibre installation after it has been completed will be at the customers cost to repair if damages occur within the customers premises, including but not limited to the ONT device installed and fibre optic cables running in and outside the house.
  9. All services sold by Link Connect are sold as a best effort service, throughput is in no way guaranteed.
  10. Promotional Codes and Coupon discount prices only valid for 6 months after sign up

All links provided here-in where you are directed to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions you are accepting the Terms and/or Policies represented on these pages.

 

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