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Terms of Sale

1. DEFINITIONS

1.1 “Acceptance Date” means the date on which the customer accepted this agreement.
1.2 “Agreement” means this agreement entered into between the customer and NEXLINK (Pty) Ltd
1.3 “NEXLINK” means NEXLINK (Pty) Ltd , Registration number 2020/195746/07
1.4 “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa
1.5 Business Hours” means the hours between 09h00 and 17h00 on a Business Day
1.6 “CPA” means the Consumer Protection Act, 2008
1.7 “Customer” means a user or host of any NEXLINK services
1.8 “EC Act” means the Electronic Communications Act, 2005

1.9 “ECT Act” means the Electronic Communications Act and Transactions Act, 2002
1.10 “Equipment” means any device, equipment or hardware used to access the services or used in conjunction with the services
1.11 “ICASA” means the Independent Communications Authority of South Africa
1.12 “Juristic person” means a company or close corporation and includes a body corporate, partnership, association or trust;
1.13 “NCA” means the National Credit Act, 34 of 2005;
1.14 “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;
1.15 “Services” means any NEXLINK internet access package and any other related internet services;

2. DURATION AND TERMINATION

2.1 The agreement will commence on the activation date and endure as per the agreed service period of a service, or otherwise provided in this agreement.
2.2 The customer may terminate this agreement by giving 1 (one) calendar month’s written notice before the expiration of the agreed service contract to NEXLINK under the conditions of a month-to-month contract.
2.3. Some business services may be delivered on a 12 (twelve) or 24 (twenty four) month contract and premature cancellation of such a contract will result in the customer being liable for the full term value.

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 NEXLINK 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 NEXLINK have been paid in full.
2.5 If the agreement results from any direct approach to you by NEXLINK or is an electronic transaction as contemplated in the ECT Act, the customer will be entitled to cancel the agreement on written notice to NEXLINK 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 NEXLINK may utilize 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. NEXLINK will be entitled to decline to activate services that the customer applies for if NEXLINK reasonably determined that the customer may not be able to meet its commitments under the agreement.

3.2 NEXLINK will be entitled to perform these assessments each time the customer applies for services or equipment.

4. SERVICE DELIVERY

4.1 NEXLINK will use reasonable endeavors to make its services available to the customer, and to maintain the availability for use by customers.
4.2 NEXLINK will use its best endeavors 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.
4.3 Any non-dedicated service will be of a shared service nature. Meaning that any such shared service can carry up to a 10:1 contention ratio and a maximum capacity available.
NEXLINK does not force any contention as a rule.
4.4 Shared services are HOME WIRELESS, FIBRE TO THE HOME and FIXED LTE-A
4.5 Any shared service guarantees 75% download of actual speed in peak hour traffic between 6pm and 11pm and is sold as an “up-to” speed.
4.6 Any shared service guarantees 50% upload of actual speed at any given time and is sold as an “up-to” speed.
4.7 Shared services are delivered as a best-effort service and any client site or last-mile fault will be repaired within 48 to 72 hours.
4.8 Shared service repairs are not available on Sunday’s

4.9 Dedicated business services carry a service delivery guarantee.
4.10 Business Wireless and Fibre to the Business are broadband services and while NEXLINK do not force any contention, such service may still be subject to a 2:1 contention ratio.
4.11 Business Broadband services guarantee up to 80% of download and upload speed
4.12 Business Broadband services client site or last-mile faults will be repaired within 8 to 24 hours Monday to Saturday.
No repairs are done on Sundays unless the client holds a PREMIUM SLA
4.13 Client has the option to upgrade to a PREMIUM 5.5 hour MTTR SLA at an additional cost of R1850pm
4.14 Should the service to the customer be delivered via a 3rd party operator, such SLA will be back to back with the network operator as per their MTTR SLA

5. WARRANTY, EQUIPMENT AND REPAIRS

5.1 All external equipment installed or provided by NEXLINK remains the property of NEXLINK and the customer agrees that:
5.1.1 the customer will take reasonable care of such equipment.
5.1.2 the customer may not sell, lease, mortgage, transfer, assign or encumber such equipment.
5.1.3 the customer may not re-locate such Equipment without NEXLINK’s knowledge and permission.
5.1.4 the customer will inform any landlord that such Equipment is owned by NEXLINK and therefore not subject to any landlord’s hypothec; and
5.1.5 the customer will return such equipment to NEXLINK, at the customer’s expense, upon termination of the services to which the Equipment is related.
5.2 Any cancellation or ending of service will result in NEXLINK decommissioning all external equipment as was installed.

5.3 Any equipment installed by NEXLINK will be maintained, and in case of failure, replaced free of charge to the customer
5.4 Any equipment bought or supplied by the customer will be repaired under OEM warranty and hardware out of warranty will be replaced by the customer
5.5 Any and all on-site support and repairs are subject to a R550 call out fee.
5.6 Be it a warranty repair, repair due to hardware failure (being NEXLINK or CUSTOMER hardware) or under performance of equipment will still be subject to a R550 call out fee
5.7 NEXLINK offers free of charge telephonic and email support to all customers.
5.8
Such support is available from Monday to Friday 09:00 am to 5:00pm during normal office hours.
5.9 Afterhours support is only available on email by sending to support@nexlink.co.za
5.10 NEXLINK offers on-site support to home and business users.
5.11 Any such on-site support will be subject to a R550 call-out fee regardless of the fault found.
5.12 PREMIUM SLA customers enjoy 24/7 365 on-site support at no additional charge

6. PAYMENT


6.1 All internet and subscription services are payable in advance.
6.2 Installation, Connection and Pro-rated fees are payable within 72 hours of the service going live
6.3 Debit orders for such services will be collected from the customer’s nominated bank account within the said 72 hours after installation.
6.4 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 NEXLINK (drawn against a current banking account nominated by the customer), or in such other manner as NEXLINK may from time to time determine.
6.5 The customer agrees that:
6.5.1 NEXLINK will be entitled and authorized to draw all amounts payable in terms of the agreement from the account specified
6.5.2 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 NEXLINK have been fully and finally discharged.

6.5.3 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 NEXLINK have been fully and finally discharged.
6.6 Should the customer fail to pay any amount on the due date for payment then NEXLINK may, without prejudice to any of its other rights and remedies:
6.6.1 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
6.6.2 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
6.6.3 terminate all services with immediate effect.
6.6.4 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 favor of NEXLINK (drawn against a current banking account nominated by the customer), or in such other manner as NEXLINK may from time to time determine. It is recorded and the customer acknowledges that several NEXLINK products (like Internet and VoIP line rental) are payable monthly in advance.
6.7 Should the customer’s debit order not be honored for whatever reason, NEXLINK will be entitled to charge the customer a reasonable re-connection fee of R75.

7. NEXLINK EQUIPMENT

7.1 All external equipment installed or provided by NEXLINK remains the property of NEXLINK and the customer agrees that:
7.1.1 the customer will take reasonable care of such equipment.
7.1.2 the customer may not sell, lease, mortgage, transfer, assign or encumber such equipment.
7.1.3 the customer may not re-locate such Equipment without NEXLINK’s knowledge and permission.

7.1.4 the customer will inform any landlord that such Equipment is owned by NEXLINK and therefore not subject to any landlord’s hypothec; and
7.1.5 the customer will return such equipment to NEXLINK, at the customer’s expense, upon termination of the services to which the Equipment is related.
7.2 Any cancellation or ending of service will result in NEXLINK decommissioning all external equipment as was installed.

 

8. BREACH

8.1 Subject to any other provisions set out in this terms and conditions, should the customer be in breach of any provision of this Agreement, then NEXLINK shall be entitled, without prejudice to any other rights that it may have and to the extent, required or permitted, as the case may be, by law, to forthwith:
8.1.1 afford the customer a reasonable opportunity to remedy the breach considering the nature of the breach in question; or
8.1.2 suspend the customer’s access to services

8.1.3 cancel all agreements concluded between NEXLINK and the customer; or
8.1.4 claim immediate performance and/or payment of all obligations in terms hereof.
8.2 Should NEXLINK suspend, disconnect, or terminate the customer’s services, NEXLINK will be entitled to, charge the customer a reasonable fee of R75 for reconnecting the customer’s services.

 

9. INDEMNITY

9.1 The customer hereby unconditionally and irrevocably indemnify NEXLINK and agree to indemnify and hold NEXLINK harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by NEXLINK as a result of any claim instituted against NEXLINK by a third party (other than the customer) as a result of (without limitation):
9.1.1 the use of NEXLINK services or products other than as allowed or prescribed in the Agreement.
9.1.2 any other cause whatsoever relating to the Agreement or the provision of services or products to the customer where the customer have acted wrongfully or failed to act when the customer had a duty to so act.

9.2 To the fullest extent possible, the customer disclaims all responsibility or liability for any damages or loss howsoever arising, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of or inability to use the services in any manner or from any reliance on the services in any way.
9.3 The customer agrees to indemnify and hold harmless NEXLINK, its members, employees, servants, subcontractors and partners from any demand, action or application or other proceedings, including for attorney’s fees and other related costs made by any Third Party and arising out of or in connection with this Agreement and or the inability of any User to use the services.
9.4 The customer acknowledges its responsibility for its own internet security and privacy. Customers are strongly advised to install firewalls and anti-virus software for their own protection.

10. LIMITATION OF LIABILITY

10.1 Save to the extent otherwise provided for in this Agreement or where the customer is entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, NEXLINK do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality, security of any product or services.
10.2 Without limiting the generality of the provisions of clause 10.3, NEXLINK shall not be liable for and the customer will have no claim of whatsoever nature against NEXLINK because of –
10.2.1 any unavailability of, or interruption in the services due to an uncontrolled event.
10.2.2 any damage, loss, cost or claim which the customer may suffer or incur from any suspension or termination of the service/s for any reason contemplated in the Agreement.

10.3 In addition to and without prejudice to any other limitations of liability provided for in the Agreement and to the fullest extent permitted by applicable law, NEXLINK shall not be liable to the customer for any direct damages howsoever arising and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that NEXLINK is liable to the customer for any damages, NEXLINK’s liability to the customer for any damages howsoever arising shall be limited to the amounts paid by the customer under this Agreement in consideration for services or a product during the immediately preceding 12 (twelve) month period in respect of the services or product which gave rise to the liability in question.
10.4 The customer may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under and in terms of this Agreement without the prior written approval of NEXLINK. NEXLINK shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without the customer’s consent and without notice to the customer.

11. GENERAL

11.1 Notwithstanding any other terms of this Agreement, the customer hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by NEXLINK arising out of this Agreement, provided that NEXLINK shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the customer consents to the jurisdiction of such court.
11.2 The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No changes or cancellation of this Agreement by the customer will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service.

11.3 The customer agrees that any invoices or notices sent by NEXLINK to the customer in terms of any agreement concluded between the parties may be sent via e-mail unless otherwise prescribed by law.
11.4 NEXLINK does not have a FUP (Fair Usage Policy) but request that customers do not abuse the service beyond normal usage
11.5 No indulgence, leniency, or extension of time which NEXLINK may grant or show to the customer shall in any way prejudice NEXLINK or preclude NEXLINK from exercising any of its rights in the future
11.6 The physical address for any legal or official correspondence to NEXLINK is:
4 KWV Place, Glen Erasmia Boulevard, Kempton Park, 1620

 

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