Terms and Conditions for use
The Client appoints Miosa 24, which herby agrees to supply the required services to the Client on the terms and conditions as set out in this agreement. In consideration for the services supplied, the Client agrees to pay Miosa 24 the required subscription fees.
2. Commencement, Duration, Subscription Fees and Termination
This agreement, for the provision of the above services, shall commence on the connection date, notwithstanding the date of signature hereof, and shall continue indefinitely until terminated in writing by either party providing 30 calendar days’ notice of such termination. During the term of this agreement, Miosa 24 shall be entitled to increase the subscription fees payable by the Client on the provision of 30-days’ notice, which may include written notice or email notification.
3. Payment & Cancelations
3.1 Fees are payable monthly in advance.
3.2 The Client shall undertake payment to the Miosa 24 via automatic debit order on or around the first day of each month.
3.3 The Client’s written consent is required to authorize Miosa 24 to upgrade / add additional services to this agreement thereby increasing the stipulated subscription fees. The effective date in respect of the new / upgraded services shall be the connection date of the services.
3.4 Should any connection date be any date other than the first day of the month, Miosa 24 shall charge the Client pro rata subscription fees for the respective month.
3.5 The Client shall not be entitled to a setoff, discount or refund of any subscription fees in respect of any suspension or delay of any service or for any other reason whatsoever.
3.6 If payment is not received in full within the stipulated period, Miosa 24 shall be entitled to decline, refuse and/or halt the services until full payment is received, and this right to decline, refuse and/ or halt the services shall not be a valid reason in itself for withholding or reducing any payment due. A reconnection fee shall be charged by Miosa 24 to the Client.
3.7 If payment is not received in full within the stipulated period, the Client shall be liable to pay interest on the outstanding amount at a rate of 2 (Two) percentage points above the prime overdraft rate of the Standard Bank of South Africa, calculated and compounded monthly in advance.
3.8 Miosa 24 charges consulting fees during normal office hours, namely week days between 8h00 and 17h00. The Company charges consulting fees for work undertaken out of normal office hours, namely between 17h00 and 8h00 on weekdays, and all day on weekends and public holidays, of 1.5 times the normal hourly consulting fee, per hour of work undertaken on weekdays between 17h00 and 08h00 and on Saturdays and 2 times the normal hourly consulting fee, per hour for work undertaken on Sundays and Public Holidays. Fees shall be reviewed by the Company on an annual basis
3.9 Charges for off – site / remote work shall be rounded up to the nearest quarter of an hour. Charges for onsite work shall be rounded to the nearest half an hour, with a minimum charge of half an hour
3.10 The Company shall charge the Client fees for traveling to and from the site. This fee shall be reviewed by the Company on an annual basis.
3.11 Should a client wish to cancel the services rendered by Miosa 24, he or she must do so via email or registered post and a period of 30 days is required for a cancelation
4. Disclaimer for Liability
4.1 Miosa 24 will not be liable for any damages or losses of whatever nature (whether direct, indirect, or consequential), which may be incurred by the Client arising out of the provision of any services relating to this agreement or out of any other cause whatsoever.
4.2 Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the services are provided, the provision of the services may be suspended from time to time without notice, and Miosa 24, its servants, agents and sub-contractors are exempted from all liability for any loss or damage (whether direct or consequential) and/or for any costs, claims or demands of any nature to the Client and/or any third party arising from such suspension. Where circumstances permit, Miosa 24 shall use its best endeavour’s to provide prior notice of any such suspension to the Client.
4.3 Miosa 24 does not undertake to re-instate the services within a specific period, and will be exempted from any liability whatsoever, if the nature of the failure is caused by Miosa 24’s upstream service providers failure to deliver its services or to any other reason which is out of the direct control of Miosa 24.
4.4 The Client hereby indemnifies Miosa 24 and holds Miosa 24 harmless against any claim by any third party arising directly or indirectly out of the Client’s access to or use of the services or information obtained through the use of the services, including without limitation any claim due to the use of the services for unlawful purposes.
5. Email Virus Protection and Email Spam Protection
5.1 Email spam protection means filtering spam from the Clients incoming email using email spam software.
5.2 Email virus protection means providing protection against viruses in the Clients incoming email using email virus protection software.
5.3 The Client authorizes Miosa 24 to access and process the Clients email and information to the extent necessary for the proper functioning of the email virus protection and email spam protection software; and in order to provide support, maintenance and reports on the operation of and changes to the email virus protection and email spam protection.
5.4 As software is inherently complex and may not be completely free of errors and because of the nature of the internet, email and viruses, the Client accepts that email virus protection and email spam protection software may not always provide the desired outcome.
5.5 Email virus protection comprises the use of the email virus software to scan the Clients incoming email for viruses and to delete any that contain viruses. At the discretion of Miosa 24, in some cases a virus may be removed, in others, the affected email and/or attachment may be deleted completely.
5.6 Miosa 24 does not warrant that it will identify or provide protection against all viruses
5.7 Some email and attachments (infected by viruses or not) may be delayed or permanently lost.
5.8 Miosa 24 does not monitor or provide any protection in respect of outgoing mail from the Client, nor in respect of viruses which may be introduced by other means (for example from floppy discs or from the internet).
6. Help Desk and Call Centre
7.1 Miosa 24 does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the equipment, software or services or their suitability for any intended purpose, whether that purpose is notified to Miosa 24 or not.
7.2 Miosa 24 does not warrant or guarantee that the information transmitted by the use of the services will be preserved or sustained in its entirety, will be suitable for any intended purpose, will be free of inaccuracies or defects or bugs or viruses of any kind, and will not contravene the laws of a particular country.
8.1 Miosa 24 is entitled to cede and/ or assign this agreement.
8.2 The Client shall allow Miosa 24, its servants, agents and sub – contractor’s access to the Client’s premises at all reasonable times in order to install, maintain, monitor, inspect, replace or remove the services.
8.3 The Client will be held responsible for all communication services and facilities, including with limitation telephone facilities and lines, required for the services to be rendered by Miosa 24. Miosa 24 shall not be responsible or liable in any manner whatsoever to the Client and/or any third party for any failure of such service or facility, including with limitation the services offered by Telkom.
8.4 The Client shall be solely responsible for applying for, installing and maintaining, as well as all costs and charges relating to, the Clients ADSL line and ADSL terminal adapter, to enable Miosa 24 to provide the services. Miosa 24 will issue the Client with a username and password to enable access to the services.
8.5 The Client may not at any time use the services in contravention of any South African law. In particular, the Client undertakes to familiarize itself and ensure that it is kept continuously appraised of all South African law in force from time to time, which has any bearing on the services and / or their use. Miosa 24 has no obligation to assist the Client in this regard.
8.6 This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein will be binding on the parties.