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terms and conditions

CUSTOMER RELATIONSHIP AGREEMENT

CUSTOMER RELATIONSHIP AGREEMENT (TERMS AND CONDITIONS)

It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider. You further are responsible, at BAM ISP’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.The services provided under this agreement are an “as is”, “best effort” and “contended” Internet service intended for consumer use, or business use where the product is suitably marketed as such.

Complete terms and conditions are organised for you below

[A] Parties to this agreement & Knowing Our Customers

1. This agreement is between a customer (you) and BAM ISP Ltd (BAM ISP, we or us).

2. BAM ISP is constantly striving to improve our services to you and therefore we may amend this agreement. While we will ordinarily give you at least 20 working days’ notice of any change by electronic mail, exceptional circumstances may require an immediate change made in our sole discretion.

3. We require you to provide us with honest and truthful information about yourself and may require you to send us documentation confirming your identity and address. If you fail to provide us with this information we may have to, without notice or warning, suspend your access to certain, or all, of our products and services. BAM ISP is afforded by this agreement the right to verify any information you provide us together with any customer history with any credit bureau and we may provide any bureau with such personal information as may be necessary to verify information.

4. This agreement represents the consumer agreement between BAM ISP and you in terms of the Consumer Protection Act (68 of 2008) and any other applicable legislation or regulation.

5. The service provided under this agreement is an “as is”, “best effort” and “contended” Internet service intended for consumer use.

6. It is your responsibility to ensure that the Internet services made available under this agreement are used in a lawful and responsible manner. Any use of the service in pursuance of criminal activity, or which gives rise to an action at law (by any person) against you, is in breach of this agreement. You are required to ensure that your use of the service does not cause harm to our network or to the network operations of any other provider.

7. Further, you are responsible, at BAM ISP’s election, for any misuse of your connection by any third person to whom you give permission to use the service or who acquires access as a result of your failure to take reasonable precautions to prevent access.

8.The email address from which you agree to this agreement shall be regarded as your email address and all communications to and from from same will be regarded as correspondence from and with you.

[B] Interpretation of this Agreement

1. While every effort is made to ensure that all public representations from BAM ISP are accurate, it is agreed that BAM ISP will not be liable in any manner whatsoever if a representation contains an error or inaccuracy.

2. In the event that it comes to our attention that an advertisement, or publication of any sort, made by BAM ISP appears, in context, to be an erroneous advertisement upon which a reasonable person would place reliance or belief, such advertisement will be retracted or corrected.

3. No representation or undertaking made by a member of staff at BAM ISP shall be binding on BAM ISP unless such undertaking is made or confirmed by email to you by a director of the company

4.You undertake to respect BAM ISP’s intellectual property rights and agree to refrain from any activity which would cause harm to BAM ISP with respect to intellectual property including: a.malicious misuse of BAM ISP trademarks (whether registered or unregistered), branding and logos; b.decompiling and reverse engineering any system or website operated by, or on behalf of, BAM ISP without our written consent.

[C] Cancellation Process

1.Subject to this section, and any term contract you may enter into with BAM ISP, it is agreed that you may cancel any or all of your services before the 19th of the month such that the service will be terminated from the last day of the month, unless otherwise indicated by the product description or marketing. Any cancellation notice received between the 19th day of the month and the last day of the month will be regarded as a cancellation effective on the last day of the following month.

2. A cancellation may not be processed while the parties are engaged in a dispute resolution process, or there is an outstanding invoice to be settled, or if a contract is attached to the service.

3.BAM ISP reserves the right to terminate this agreement and the contractual relationship with you under the following circumstances: a.you have breached this agreement and have failed to remedy such breach within 48 hours of being notified of the requirement to remedy the breach; b.on the basis of an AUP or FUP violation as envisaged by clauses F.8 and G.3 of this agreement; c.where a cancellation termination of this agreement is imposed upon BAM ISP by operation of any law, regulation or regulatory action in force in the Republic of South African; d.at our election under the same terms and rights as are afforded to you in terms of clause D.1.

12 month agreements and contracts will auto-renew for the same term of the original contract unless we are notified in writing by the registered contract signatory, to billing@bam-isp.co.za of notice to terminate the agreement thirty (30) days prior to the date of renewal

[D] Billing

1. You agree to settle any charge invoiced to your account promptly and on the due date, unless otherwise agreed, and will present any queries relating to your invoice to billing@bam-isp.co.za no later than 7 days after the date the invoice is issued

2. BAM ISP charges for service in advance and not in arrears. While a service may be provisioned and available to you before you receive an invoice such provisioning does not constitute a line of credit upon which future payment may be made in arrears.

3. It is agreed that in any instance where BAM ISP provides immediate access to a service for which the invoice is issued, such invoice shall be due and payable immediately but a three day period shall be allowed as an agreed date of payment.

4. Should you subscribe to a debit order or any other automated processing arrangement with BAM ISP then the date upon which such arrangement is scheduled for payment shall be the date agreed upon on which the account must be paid.

5. The subscription of any order or processing arrangement involving any third parties shall not indemnify you against responsibility to pay BAM ISP in the event that such arrangement does not constitute settlement of your invoice in full.

6. Non-payment, or short payment of any invoice on the due date, or such other date as agreed, of that invoice, constitutes a breach of this agreement. Nothing in this agreement shall be read to preclude BAM ISP’s right to tempore morae interest under the common law.

7. It is agreed that the nature of an Internet service precludes any reasonable expectation of full uptime and full speeds, and BAM ISP shall not be obliged to effect any refund or pass any credit note in respect of any period during which a service is not available or is degraded in any way.

8. It is agreed that any billing error resulting in an overcharge or overpayment will result in the passing of a credit note (which shall include any interest charged by BAM ISP in error) to any outstanding invoice. If there are no outstanding invoices such credit note will be passed on the next invoice issued. Refunds shall only be made in the event that the amount of the credit note would exceed the amount of anticipated future invoices arising in the sixty days after the passing of the arising of credit note. Any refund of monies by BAM ISP shall be paid by means of an electronic payment into a banking account designated by you.

9. It is agreed notwithstanding the existence of a dispute resolution process that BAM ISP may cede, collect and enforce through any competent court any amount owing to BAM ISP on an attorney own client scale.

10. It is agreed that in the event that your DSL circuit operates at a higher speed than the service for which you have applied that we may charge you the amount due in respect of the higher speed.

11. Ordinarily invoices shall be issued on the 1st day of the month and be due for payment and full settlement immediately, however circumstances may arise that cause invoices to be issued on a different day from time to time . In the month of December invoices may be issued early with payment due before the 16th of December.

12. It is agreed that if you are being provided with a discount of any nature for any product(s) provided by BAM ISP or any BAM ISP affiliates, and you maintain an outstanding balance due for a period of 14 days or more, or are in breach of this agreement in any way, and where such balance is not the subject of a legitimate dispute as per the rights afforded to you in this agreement, that all discounts applicable to your billing relationship with BAM ISP shall be terminated from the date upon which the outstanding balance initially became due.

13. All non-contractually assured discounts offered or applied by BAM ISP remain within BAM ISP's sole reasonable discretion , and may be amended or terminated.

[E] Acceptable Use policy

1. The Acceptable Use Policies (AUP) of every network on which your product(s) operate forms part of the contractual relationship between you and BAM ISP. Violating any applicable AUP constitutes a breach of contract and an infringement of the rights of BAM ISP. The applicable AUP for the network is appended as part of the product description.

2. Should BAM ISP for any reason whatsoever cause your product to operate on another network you will be obliged to adhere to the AUP of that network.

3. Where there is a reasonable suspicion of a serious breach of the AUP, or the law otherwise requires, we will not hesitate to, without warning or notice, suspend any account connected to you. The right to suspend any account for a suspected violation of the AUP is extended to any upstream providers and channel partners.

4. The Internet is made up of many networks under the responsibility and control of various different parties in different jurisdictions. As a result, any particular usage by you may result in your traffic transiting on networks with AUP provisions which differ from those of BAM ISP. BAM ISP shall not be responsible for any liability that may arise nor any failure of performance that may result as a consequence of your violating another providers AUP. BAM ISP regards abuse of another network originating on our network as a violation of the AUP where the infringer could reasonably be expected to know or believe that such conduct would constitute an AUP violation on the recipient network.

5. While unintentional conduct will ordinarily not be regarded by BAM ISP as an infringement of the AUP, you are required to take all reasonable steps, and gross negligence on your part may be regarded as a serious contravention.

6. BAM ISP, may recover from you any damages or costs that are a result of any breach of this AUP by you. Such recoverable costs include costs consequent upon the utilizing of legal services on an attorney own client scale.

7. Any party affiliated to BAM ISP may (with BAM ISP’s consent) recover any damages or costs caused by a violation of the AUP committed by you. Such damages must be proved by such affiliate in accordance with the dispute resolution provisions of this agreement.

8. Serious contraventions of the Acceptable Use Policy may result in BAM ISP terminating all services and our relationship with you with immediate effect and without entitlement to any refund.

9. Any complaint concerning a contravention of an AUP shall be received by email at abuse@bam-isp.co.za

10. Absent a specific AUP applying the following carriage standard AUP shall apply and any entity whatsoever who is involved in the provisioning of the service shall be a “provider”.

Unlawful Activity

The provider’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic. This includes:

Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.

Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.

Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the provider cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by the provider ’s network, or otherwise available through access to our network, whether for commercial or non-commercial purposes.

Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.

Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with the provider on behalf of another subscriber without their consent.

Any violation of the exchange control laws of the Republic.

Any activity that results in the sale, transmission or distribution of pirated or illegal software.

Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.

Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, the provider will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using the provider ’s resources, including the provisioning of all personal identifiable data.

The following sections outline activities that are considered an unacceptable use:

Threats to Network Security

Any activity, which threatens the functioning, security and/or integrity of the provider’s network is unacceptable. This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by the provider for this goal;

Any effort to use the provider equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”);

Forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting;

Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person;

Any activity which threatens to disrupt the service offered by the provider through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes ("scanning" or "nuking") of others' networks;

Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus; Trojan horse; worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component.

Any unauthorised monitoring of data or traffic on the network without the provider’s explicit, written consent.

Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space and Third Party Content and sites

You acknowledge that the provider has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that the provider cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the provider’s network websites and web pages or sites displayed as search results or contained within a directory of links on the providers network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk. The provider employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The customer is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The customer must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group's administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and the provider reserves the right to delete and/or cancel posts which violate the following conditions:

Excessive cross-posting of the same article to multiple newsgroups.

Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).

Posting binaries to a non-binary newsgroup.

Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. The provider will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;

Operating or maintaining mailing lists without the express permission of all recipients listed;

Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;

Using the provider’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;

Including the provider’s name in the header or by listing an IP address that belongs to the provider in any unsolicited email sent through the provider’s network or not;

Failure to secure a customer’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed.

The provider reserves the right to examine users' mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. The provider also reserves the right to examine the mail servers of any users using the provider’s mail servers for "smarthosting" (when the user relays its mail via the provider’s mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with the provider’s privacy policy.

Spam/virus Filtering

The provider may provide a spam and virus filtering system to protect customers from unsolicited mail and viruses. The customer acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the customer. The customer acknowledges and agrees that the provider shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

Protection of Minors

The provider prohibits customers from using the provider’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

[F] Fair use Policy and Product Description

1. Each product may have a Fair Use Policy (FUP) attached to the product. The FUP will be included in the product description for the product such as an FAQ section and will be written in plain English. Specific and detailed network and product policies remain the intellectual property of BAM ISP and are not for public disclosure.

2. A product’s fair use policy may be changed by BAM ISP by giving you notice of the change at least one week before the start of the next billing cycle.

Shaping

3. In developing product terms one or more of the following shaping policies may be used.

First tier data (‘business premium’) is prioritized data where traffic is not shaped by default, unless extraordinary network preservation demands as such. On exhausting a first tier data allocation a customer will be migrated to either the second (or third tier shaping, as set out in the product description or as requested by a customer and approved by BAM ISP) for the remainder of the calendar month, or such period as set in the product term, or the account will be capped depending on the product the customer has purchased from BAM ISP. Higher allocation of this tier is recommended for large volume downloaders.

Second tier data (‘home premium’) is shaped during peak hours to exclude entirely or shape peer-to-peer and nntp traffic, and to deprioritise large downloads on any protocols, only when the network demands it. CDN streaming, browsing, gaming and some other traffic is prioritized. Between 00:30 and 07:00 shaping is released dynamically on all protocols based on network capacity availability, however ordinary network contention applies. Higher allocation of this tier is recommended for medium to heavy users of streaming, gaming, VPN and other traffic. Second tier data is not recommended for large volume downloads during peak hours. Peak hours are determined by peak capacity load times on the network.

Third tier data (‘entry’) is shaped, with CDN streaming, browsing, and local VPN traffic prioritised. Certain accounts operating in this tier may be subjected to thresholds on usage of certain protocols depending on the product description. Shaping is released dynamically between 00:30 and 07:00 based on network capacity availability. This tier is for entry level products as part of efforts to make affordable Internet products for a broader community and is not suited to broadband intensive usage during peak hours.

Fourth tier data ('entry) is operated on a best effort basis only with no traffic prioritisation applied, and speeds are entirely dependent on spare network capacity at any point in time. Entry-level grade products will utilise this data primarily when network contention needs to be managed.

Bypassing of shaping or network management systems employed by BAM ISP or its upstream providers, either intentionally or unintentionally, by use of third party tools, encryption services, or services intended for use to download traditionally shaped services over alternate ports or protocols, is a contravention of this agreement, and may result in either deprioritisation of your account, irrespective of the account type you have purchased, and/or suspension of services without refund. You are required to rectify any such contravention within 24 hours of notice of such a breach being served on you by way of official communication from BAM ISP by any traditional support channels.

Continued and persistent load data throughput on any uncapped product that causes either degraded performance for other BAM ISP users or a loss to be incurred by BAM ISP may result in deprioritisation at the discretion of BAM ISP, to ensure that a fair allocation of bandwidth is maintained for all customers and to ensure sustainable business practices. Should your account be deprioritised, such action shall be lifted or removed upon BAM ISP's systems identifying a noticeable and substantial decrease in requests or throughput from your connection that is not as a result of ordinary deprioritisation. BAM ISP reserves its rights to terminate access to any customer with 7 days notice provided should your connection continue to cause degraded network performance for others or incur a loss for BAM ISP for 2 consecutive months.

[G] Privacy

1. We take your right to privacy seriously and shall, save as provided in this agreement or when required by law, not provide a third party with information that infringes on your privacy without your consent.

2. BAM ISP may store personal identifying and other information about you on cloud services administered by third parties. Such information shall be for the exclusive use of BAM ISP. All reasonable steps will be taken by BAM ISP to ensure the privacy and safety of this information but we do not accept responsibility for any data loss or data-breach/disclosure as a result of malicious activity with these parties.

3. We will report any information that comes to our knowledge of a breach of your privacy as soon as possible, unless we are prohibited by doing so by law.

4. BAM ISP may send you promotional material relating to BAM ISP unless you have provided an indication that you wish to opt out of receiving such material. You indemnify BAM ISP against any claims arising from sending of promotional material by BAM ISP made in error.

5. In taking your right to privacy seriously whilst still satisfying legal obligations, BAM ISP (or any of its affiliates) may have to employ the services of legal professionals and you agree that in the event that BAM ISP is required as a matter of urgency to incur costs in order to protect your privacy, to settle reasonably incurred costs.

[H] Take Down Procedure

6. BAM ISP, and any affiliated party, may take down any data hosted on a network involved in this arrangement if such content is subject to a take down notice as envisaged by section 77 of the Electronic Communication and Transactions Act (No. 25 of 2002).

7. BAM ISP confirms the all immediate upstream providers for BAM ISP have a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) . The designated agent for this process can be reached at (010) 500 1200 or at takedown@ispa.org.za .The notice and take-down procedure can be viewed at http://www.ispa.org.za/code.

8. You are also notified of the content and procedures of the ISPA Code of Conduct (http://www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

[I] Dispute resolution and complaints process

1. BAM ISP will receive formal complaints both through the dedicated email address complaints@bam-isp.co.za as well as through the ordinary support channels wherever you clearly indicate that you wish for a complaint escalation to take place. A complaint will need to contain the following information:

a. The identity of the complainant;

b. The email address with which to correspond to resolve the complaint;

c. The nature of the complaint;

d. The facts and allegations upon which the complaint is dependent; and

e. Any historic information relevant to the complaint.

2. On receipt of a formal complaint, or the escalation of support communication to a formal complaint, an acknowledgement of the complaint together with a reference number will be sent to you by email within three days.

3. Any correspondence received which we reasonably believe to be a complaint that does not satisfy the requirements to be processed as a complaint will be treated as a query as to the complaint’s procedure. Queries as to what the complaint’s procedure is will be replied to with an explanation of the formal complaint’s procedure.

4. Should further particulars be required in order to resolve a complaint, such information will be requested by email.

5. A complaint shall be resolved within ten working days of the receipt of the complaint unless the parties agree to a longer period, provided that the reasoning underlying a resolution may be delivered thirty days after the resolution of the complaint.

6. BAM ISP may cause an external professional person or organization to resolve a complaint at BAM ISP’s expense, if any expenses arise.

7. Notwithstanding any other law or principle of natural justice, any person designated by internal policies of BAM ISP may attend to a complaint even if such person has prior involvement in the matter.

8. It is agreed that, subject to this agreement, confidentiality with respect to any complaint will be respected by all persons involved unless a disclosure is agreed to in writing during the dispute resolution process. However, the preservation of disclosure shall not be interpreted as to prevent you from making a reasonable and fair expression of dissatisfaction with the service provided by BAM ISP in a public space or forum, or for BAM ISP to in same place or forum acknowledge that it has received a complaint and is attending to same.

9. It is agreed that BAM ISP will compile reports on the resolution of complaints for regulatory and internal quality assurance processes. Such reports will redact all personal identifying information.

10. It is agreed that BAM ISP is indemnified against any costs incurred by you in any dispute resolution process and that you may employ the services of a legal professional at your own expense to prepare or transmit any complaint.

11.On completing the complaints process (and in the absence of any other channel and a failure of mediation), or if the time periods for complaints resolution prescribed by this agreement are not adhered to, the parties agree to resolve any dispute by means of binding arbitration administered by the Arbitration Foundation of South Africa in accordance with its rules.

12. Any dispute not related to a formal complaint, under this agreement, which is not resolved by negotiation between the relevant parties (which includes any party that obtains rights stipulo alteri ) shall be resolved by arbitration administered by the Arbitration Foundation of South Africa.

If you would like any assistance please contact us by email at legal@bam-isp.co.za for all queries relating to the contents of this Customer Relationship Agreement

[J] Product BAM LTE-Advanced Ts and Cs

DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions. To the extent that there is any contradiction between the General Terms and Conditions and these BAM ISP LTE-A Product Terms the following order of precedence shall apply: (i) these BAM ISP LTE-A Product Terms; and (ii) the General Terms and Conditions.

In these BAM ISP LTE-A Product Terms: 1.1 "Blacklist" means the disablement, by electronic or other means, of your SIM Card and/or Modem or whatever other mechanism you utilize to connect to the internet, thereby preventing the unauthorized use thereof; 1.2 "Booster" means the additional amount of data added to your Data Bundle, as selected by you from time to time, once the Data Bundle has been depleted; 1.3 "Call Centre" means our dedicated customer service centre on 010 446 9999; 1.4 "Data Bundle" means the data package specifying the amount of data selected by you and available to you per calendar month; 1.5 "Fixed Location" means the specific physical address and/or location selected by you within the Network Coverage area, as specified by you when you complete the Application Form during the sales process; 1.6 "Modem"or “Router” means the compatible modem or device which is required to access the Network in order to connect to the internet; 1.7 "Greylist" means the flagging on the Network or system of a SIM Card and/or Modem for purposes of the identification of your Subscriber Number in order to facilitate the possible tracing and recovery of your SIM Card and/or Modem under circumstances where your SIM Card and/or Modem have been stolen; 1.8 "IMEI Number" means the international mobile equipment identity number unique to and used to identify your mobile phone and/or Router; 1.9 "Initial Fixed Period" means the period selected during the sales process, and indicated on the Application Form which will commence on the Activation Date; 1.10 "Monthly Access Fee" means the monthly subscription fee paid by you to us in consideration for the Service as recorded in the Application Form; 1.11 "MSISDN"or "Subscriber Number" means the unique mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service; 1.12 "Network" means the mobile cellular electronic communications network operated by the Network Operator; 1.13 "Service" means the wireless BAM ISP LTE-A Service selected by you during the sales process on the Application Form and provided to you in terms of the Agreement; 1.14 "Service Charges" means the different fees for the Service as recorded in clause 7 below; 1.15 "SIM Card" means your subscriber identity module card (incorporating an ICC-ID and MSISDN), which bears your MSISDN and enables you to access the Network.

The Service and BAM ISP’s Obligations

2.1 BAM ISP will: 2.1.1 procure the delivery of the Modem and/or SIM Card to you; 2.1.2 provide you with the Service selected by you on the Application Form during the sales process; 2.1.3 make Call Centre support available to you; 2.1.4 bill you for the Service, where applicable; 2.1.5 collect the Service Charges from you, where applicable; and 2.1.6 promptly upon notification from you, lock or temporarily disconnect a lost, stolen, damaged or destroyed SIM Card. 2.2 We will engage with the Network Operator to take reasonable measures to ensure that the Service is available on a continuous and consistent basis but we cannot guarantee a continuous and fault free Service, and as such the Service is provided "as is" and we shall not be liable for any loss suffered by you due to inconsistency or delay in the Service. The Service is only available at the Fixed Location within the range of base stations that make up the Network. The quality and availability of the Service may sometimes be affected by factors outside our control or the control of the Network Operator, including but not limited to: 2.2.1 local physical obstructions; 2.2.2 bad weather; 2.2.3 radio interference; 2.2.4 the features or functionality of your particular equipment or goods; 2.2.5 the number of people trying to use the Network at the same time; or 2.2.6 transmission links and other network hardware failure. 2.3 The Network Operator provides coverage maps and uses its best efforts to show the extent of the Network Coverage, however the coverage maps are not a guarantee of the quality of service or Network Coverage as it may at times vary from place to place. 2.4 Subscription to the Service is subject to the availability of the Network Coverage at the Fixed Location. The Service is only available to you at the Fixed Location and you will not be able to use the Service on a mobile or a roaming basis. Should you relocate we cannot guarantee that the Service will be available at your new location and we will not be liable to you in any way, in the event you want to use the Service at any location other than the Fixed Location. 2.5 We will provide you with the Modem and SIM Card required to access the Network.

Your Obligations

3.1 You require an internet enabled compatible device, a Modem and a SIM Card to use the Service. The Modem and SIM Card must be compatible with the Network and technical requirements to provide the Service. In order to ensure that you are able to access the Service correctly to enable us to support you from a technical level, you must also obtain the Modem and SIM Card required to enable the Service from us, and by subscribing to this Service you also accept responsibility to pay the once-off Service Charges for the said Modem and SIM Card aforesaid. 3.2 You are responsible for the Modem, SIM Card, device and the activities done through the internet service from the point of delivery. 3.3 The Service will automatically be Activated within 24 (twenty four) hours from (a) the time of delivery of the Modem and SIM Card to you; or (b) confirmation that you provided the RICA information as per our RICA process, whichever time occurs last. 3.4 In the event of loss or theft of your Modem and/or SIM Card, you will request us to Blacklist or Greylist your Modem and/or SIM Card. This process may require you to report the theft or the missing item to the South African Police Service and to obtain a case number. 3.5 You must immediately notify us of the theft, loss, damage to or destruction of your SIM Card. Upon notification your liability hereunder will be limited to payment of the Monthly Access Fee relative to the SIM Card for the remainder of the Initial Fixed Period or Renewal Period, as the case may be. 3.6 You agree and consent that we may use and make your information available to the Network Operator to maintain a comprehensive and accurate database of our Subscribers, to investigate suspected fraudulent activities, investigate complaints, and for such other purposes as we may require in order to give effect to our obligations under the Agreement and the agreement with our Network Operator. 3.7 The end user of the Service must be a natural person with a genuine intention to use the Service on an ongoing basis.

Monitoring usage

4.1 We do not guarantee the efficiency of any monitoring service and you remain responsible for the monitoring and controlling of your usage of the Service. We accordingly do not accept any liability or responsibility for any damage or loss you may suffer if you deplete and/or exceed your Data Bundle and/or Booster. 4.2 You are entitled to upgrade to a higher internet traffic package offered as part of the Service at certain times during the Initial Fixed Period or a Renewal Period, subject thereto that you agree to the terms and conditions applicable to such new package from time to time. 4.3 Unless you agreed to a contract and/or package that does not allow downgrades, you may downgrade to a lower internet traffic package, provided that such downgrade is not done within the first 3 (three) months immediately following the Activation Date and subject thereto that you agree to the terms and conditions applicable to such new package from time to time. A downgrade may attract a variable penalty fee, please contact us to verify such penalty fee.

Equipment

5.1 We or the Network Operator, reserve the right, without cost or penalty to ourselves, to vary or alter any name, code, number, SIM Card and MSISDN relating to or used in connection with the Service offered to you. You may not tamper or permit tampering with the SIM Card or IMEI Number or any branding thereon. 5.2 All rights of ownership attached to your MSISDN and SIM Card shall at all times remain vested in the Network Operator. 5.3 Risk in and the responsibility for the Equipment, Modem and/or SIM Card will pass to you on delivery thereof and you will be liable for the costs of replacing same. 5.4 In the event that you have selected a fixed term contract all rights of ownership attaching to the Modem will vest with us during the Initial Fixed Period or the Renewal Period, as the case may be. Upon the expiry thereof, as the case may be, or in the event that you have a month to month package and paid in full for the Modem, ownership of the Modem, but excluding the software contained in the Modem (the use of which is licensed to you by the Network Operator), will pass to you provided that you have made payment in full of all amounts of whatsoever nature due by you to us. Payment 6.1 You will be liable for payment of the following Service Charges: 6.1.1 The charge for the Modem, SIM Card and connection to the Network – this is a once-off charge; 6.1.2 Monthly Access Fee (under which your Modem and Data Bundle is pro rated) – you will be billed for this monthly in advance; 6.1.3 Call charges or usage charges (including Out of Data Bundle usage) – you will be billed for data and call charges in respect of any other services (for example SMS’s) monthly in arrears based on your usage. 6.2 When you exceed your Data Bundle, you may be able to purchase additional data on an ad-hoc basis by way of a Booster. The Booster purchases will be billed in arrears. 6.3 Where applicable, a Booster will be valid for 30 (thirty) days from the date of purchase whereafter it will expire whether you used all the data purchased or not. 6.4 The Service Charges include value-added tax (VAT) which shall be borne and paid for by you. 6.5 The Monthly Access Fee in the first month of subscription will be pro-rated where the Service is not Activated at the beginning of the calendar month. 6.6 BAM ISP may, in the event that you fail to make payment of any amount due to us by you, or in the event of suspected fraudulent activity (and irrespective of whether ownership in the Modem has passed to you), Blacklist your Modem and/or your SIM Card, or suspend or terminate the Service, as a result of which you will not be able to access the Network. We furthermore reserve the right to levy a reasonable charge for the Blacklisting or removal of your device/Modem from the Blacklist. Such charge will be due and payable by you within 30 (thirty) days of the date of our tax invoice.

7.7 BAM ISP will not be liable for any claim or liability of whatsoever nature arising from fraudulent or unauthorised use of the Service and/or the Blacklisting or Greylisting of your Modem and/or SIM Card as provided for in this clause 6.

[k] Product BAM Hosting Services Ts and Cs

Domain Name Services

• A domain name registered by a Customer with BAM-ISP is valid for a period of 12 (twelve) months from date of registration. BAM-ISP shall automatically renew the domain name on annual basis, unless the domain name is terminated by the Customer upon written notice to BAM-ISP one calendar month prior to renewal date. • If payment for a domain name(s) has not been made within 20 (twenty) Business Days of the registration or renewal contemplated in clause as above, BAM-ISP reserves the right, in its sole discretion and without any notice to the Customer, to deregister the domain name(s) and make it available for re-registration. • Should domain name(s) be terminated by BAM-ISP or the Customer for any reason whatsoever, BAM-ISP shall, without incurring any liability of whatever nature, be entitled to notify the relevant domain name administrator of such termination and to instruct the aforementioned domain name administrator to remove BAM-ISP as the host of such domain name, allow the domain name(s) to terminate and not to renew the aforementioned domain name(s). • Registration, maintenance and transfer of a domain name(s) are subject to the terms and conditions of the relevant domain name administrator who allocates and governs such domain name(s), and BAM-ISP cannot guarantee the registration of domain name(s) selected by a Customer. • All domain names such as .co.za, .com, .net and related subdomains are subject to the terms and conditions of the relevant domain name administrator, as amended from time to time. • The Customer warrants that the use or registration of the domain name(s) does not interfere with, nor infringe, any trade mark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right of any third party, and indemnifies BAM-ISP against any and all claims that may arise out of such interference or infringement. • In the event that any of the domain name administrator suspends, amends, or terminates its provision of a domain name(s), or any other aspect of its services upon which BAM-ISP depends for the provision of domain name(s) to the Customer, BAM-ISP will use reasonable endeavours to ensure the continuance of domain. In the event that BAM-ISPis unable to ensure such continuance, BAM-ISP shall be entitled to terminate domain name(s) with immediate effect in which event, Customer agrees that BAM-ISP will not be liable to Customer or any other third party for any loss or damages as contemplated in clause below. • BAM-ISP reserves the right to change its domain name administrator from time to time. • If the domain is registered as part of a contract with BAM-ISP, and if the customer terminates the contract before the end of the contract period, BAM-ISP reserves the right to charge the customer a pro-rata determined penalty in order to recover the cost of the registration of the domain, based on the rate negotiated by BAM-ISP with the respective domain registrar.

E-Mail Accounts

• An e-mail address will be allocated by BAM-ISP to a Customer upon the Activation Date. • BAM-ISP does not accept any liability howsoever arising , in respect of any damages, loss , consequential losses , costs or claims instituted against BAM-ISP including but not limited to the use, application or subscription to the email stored on the BAM-ISP servers or breach of the applicable terms and conditions • E-mail is a best effort service and no SLA exists for delivering or receiving email with the consumer edition of the solution and BAM-ISP shall not be responsible for or liable to create any back-up of any e-mail messages stored by a customer on the mailbox. • The Customer further accepts that he/ she / they remain responsible for managing their own data which includes read and delivery receipts and back-up of any e-mail messages stored by a customer on the mailbox as well as the consequences of a decision to migrate, change or delete e-mails from the server. • BAM-ISP Provide a Post Office Protocol (POP) POP3 works something like this. Your app connects to an email server, downloads all messages to your PC that have not been previously downloaded, and then deletes the original emails from the server. In the event of the Customer leaving a copy of these mails on the server BAM-ISP shall not be responsible for or liable of any e-mail loss or in the event of migrating mail servers. Or Server maintenance or what so ever. • Sending unsolicited mail messages, including, without limitation, Make-Money-Fast (MMF) schemes, chain letters, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. As it is against our policy to allow Mail Relaying via BAM-ISP, we implemented a process to prevent this. What will not be allowed is for the Customer to point their mail server to smtp.co.za as a mail relay. All E-MAIL/POP accounts administered by BAM-ISP systems including but not limited to accounts on BAM-ISP Server the following restrictions. (BAM-ISP reserves the right to do the following) There is a per e-mail limit of 10 Mb. Individual mail messages older than 03 Three months may be deleted. Incoming e-mails may be scanned for viruses and spam and subsequently, may be removed. Incoming e-mails may be scanned for Spam unsolicited e-mail) and thereafter, may be eliminated. • When a user is Deleted or Marked for Deletion, all of that user's e-mail will be removed. BAM-ISP supplies best effort no guarantee SPAM and/or Virus free e-mail service.

Web Hosting Services

• BAM-ISP, in its sole discretion will make available an amount of space on its web server for use by the Customer to host web-pages. • BAM ISP reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy. • BAM ISP reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary. If a Client moves in excess of their monthly web traffic allocation, then the Client will be contacted and various options will be presented. • BAM ISP reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an BAM ISP Server to ensure compliance with this Agreement, BAM ISP’s AUP, or any applicable laws regulations or codes of practice. • The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

MIGRATION

• Subject to clauses below, Customers may migrate between different predefined packages of Data Usage as ordered by the Customer and made available by BAM-ISP from time to time. Any migration between such predefined packages of Data Usage must be done in accordance with the procedures determined by BAM-ISP in this regard from time to time, as set out on the BAM-ISP Internet Website. • BAM-ISP shall not be liable for any consequences, including but not limited to any damages suffered or losses accrued by a Customer, whether direct or indirect, resulting from a decision by a Customer to migrate from one predefined Data Usage package to another. The Customer’s current used data will not be transferred to the uncapped package. • BAM-ISP does not accept any liability howsoever arising , in respect of any damages, loss , consequential losses , costs or claims instituted against BAM-ISP including but not limited to the use, application or subscription to the web site stored on the BAM-ISP servers or breach of the applicable terms and conditions • Web Site Hosting is a best effort service and no SLA exists for delivering or receiving email with the consumer edition of the solution and BAM-ISP shall not be responsible for or liable to create any back-up of any Web Sites stored by a customer on the web hosting server. • The Customer further accepts that he/ she / they remain responsible for managing their own data which includes Virus Free web sites and delivery non blacklisted web sites and back-up of any data and e-mail messages stored by a customer on the BAM-ISP servers as well as the consequences of a decision to migrate, change or delete web sites and e-mails from the server.

Acceptable User Policy / Illegal use

• This Acceptable Use Policy specifies the actions prohibited by BAM-ISP, to users of the BAM-ISP Networks. BAM-ISP reserves the right to modify the policy at any time, effective upon posting of the amended policy on this website. The BAM-ISP network may be used only for lawful purposes. • Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. In no event will either party be liable for any indirect, incidental, consequential or special losses or damages in connection with this agreement, for any reason whatsoever, and however arising. BAM-ISP will not be liable for any services outage or degradation in suppliers’ networks, server rooms due to malfunction or other causes. BAM-ISP will not pass any type of credit for any services outage.

System and network security.

Violations of system or network security are prohibited and may result in criminal and civil liability. BAM-ISP will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: a. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. b. Unauthorized monitoring of data or traffic on any network or system without the explicit permission of the proprietor of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. c. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Backups

Clients are solely responsible for backing up their data and BAM ISP strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. BAM ISP will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception. BAM ISP may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to Clients on request as and when they are available. However, BAM ISP does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Clients are ultimately responsible for their own data, and BAM ISP strongly encourages such Clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure. BAM ISP also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Client’s own risk and discretion - whether restored by BAM ISP by instruction from Clients or by Clients themselves. BAM ISP will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.