1. DEFINITIONS
1.1 “Acceptance Date” means the date on which the customer accepted this agreement.
1.2 “Activation Date” means the date on which Access Technology Consultants will give the customer access to and/or enable the customer to use a product or service;
1.3 “Acceptable Use Policy” (AUP) means the policy, which is available on the Website and is incorporated by reference in this Agreement, that regulates the use of the services;
1.4 “Agreement” means this agreement entered into between the customer and Access Technology Consultants;
1.5 “Access Technology Consultants” means Access Technology Consultants , Registration number 2016/515747/07;
1.6 “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
1.7 Business Hours” means the hours between 08h00 and 17h00 on a Business Day;
1.8 “CPA” means the Consumer Protection Act, 2008;
1.9 “Customer” means a user or host of any Access Technology Consultants services;
1.10 “EC Act” means the Electronic Communications Act, 2005;
1.11 “ECT Act” means the Electronic Communications Act and Transactions Act, 2002;
1.12 “Equipment” means any device, equipment or hardware used to access the services or used in conjunction with the services;
1.13 “ICASA” means the Independent Communications Authority of South Africa;
1.14 “Juristic person” means a company or close corporation and includes a body corporate, partnership, association or trust;
1.15 “NCA” means the National Credit Act, 34 of 2005;
1.16 “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;
1.17 “Services” means any Access Technology Consultants internet access package and any other related internet services;
1.18 “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991;
1.19 ”Website” means www.Access Technology Consultants.co.za
2. DURATION, TERMINATION AND COOLING-OFF
2.1 The agreement will commence on the acceptance date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided in this agreement. In the event that the services applied for is not activated within 30 (thirty) days of the acceptance date due to an uncontrollable event, the agreement will automatically terminate and no party shall have any liability to the other as a result of such termination.
2.2 The customer may terminate this agreement by giving 1 (one) calendar month’s written notice to Access Technology Consultants.
2.3 Access Technology Consultants may cancel this agreement by giving 1 (one) calendar month’s written notice to the customer.
2.4 Notwithstanding the termination of the agreement, in the event that the customer continues to use the services despite the termination of the agreement, the customer will remain liable for and promptly pay on demand all amounts that would have been due to Access Technology Consultants as a result of the use of or access to the services and this agreement shall be deemed to continue to apply until such time as all amounts due to Access Technology Consultants have been paid in full.
2.5 If the agreement results from any direct approach to you by Access Technology Consultants or is an electronic transaction as contemplated in the ECT Act, the customer will be entitled to cancel the agreement on written notice to Access Technology Consultants without reason or penalty within 5 (five) Business Days of, in the case of services only being provided in terms of the agreement, the acceptance date.
3. NCA AND ECT ACT
3.1 Although the agreement is not a credit agreement as contemplated in the NCA, the customer’s application for a service or equipment may be subject to a credit referencing or risk assessment process. This means that Access Technology Consultants may utilise the information provided by the customer and the credit record from registered credit bureaus in order to determine whether the customer will be in a position to meet the obligations under the intended Agreement. Access Technology Consultants will be entitled to decline to activate services that the customer applies for if Access Technology Consultants reasonably determined that the customer may not be able to meet its commitments under the agreement.
3.2 Access Technology Consultants will be entitled to perform these assessments each time the customer applies for services or equipment