Terms & Conditions
i. “Agreement” means the agreement concluded between you and Net-K in respect of the selected package as per the completed form;
ii. “Agreeable Date” means the date, on which you accepted the Agreement, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, or telephonic acceptance;
ii. “Connection Date” means the date on which Net-K will give you access to and/or enable you to use a package;
iv. “Business Day” means Monday to Friday, but excludes Saturday, Sunday and a day which is an official public holiday in the Republic of South Africa;
v. “ICASA” means the Independent Communications Authority of South Africa;
vi. “Network” or “network” or “our network” means any network, electronic communications network, system, server, hardware or technology infrastructure, or the like, including without limitation third party networks and/or Network Operator networks, owned or used by us or provided by us or our third party suppliers or the Network Operators, for purposes of providing any Net-K service or product to Clients or providing access thereto;
vii. “Network Coverage” means the geographical area within which the service can be accessed and used by you as determined at the time coverage was established;
viii. “Client”, “you” or “Customer” means a user of any of our products or services; and
ix. “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991.
1. Net-K will protect the confidentiality of its Clients' information, and use its Clients' information only for the purpose permitted or required.
2. Net-K will only release its Client's information to a third party under the following circumstances:
2.1 when directed by the written instruction of the Client or prospective Client;
2.2 when directed by an order of Court;
2.3 to the Independent Communications Authority of South Africa for the purpose of compiling, verifying or auditing any reports, accounts or other information required under Net-K licence or in terms of the
Electronic Communications Act, 2005 and the regulations made pursuant to that Act;
2.4 where it is necessary to properly deal with and comply with any legislative enactment or regulation in respect of any complaint lodged in terms of Net-K complaints handling procedure;
2.5 during the process of debt collection;
2.6 to Net-K attorneys in connection with any potential, threatened or actual litigation;
2.7 to Net-K auditors for the purpose of auditing their accounts; and
2.8 in terms of any applicable law.
3. We are not responsible for the privacy practices of or the content on sites linking out of Net-K network. You agree to exclude Net-K from any liability arising from your access to sites other than those on the Net-K network.
Service Delivery Policy
1. Net-K will make all its packages available to you in accordance with the provisions of its Code of Conduct and Service Charter.
2. Net-K will use reasonable endeavours to make its services available to its Clients, and to maintain the availability thereof for use by its Clients. However, we provide the services “as is” and “as available” and we do not make any express or implied representations or warrant or guarantee the quality or security of the services or 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 your delivery timeline requirements subject always to the provisions of the CPA where applicable.
3. Net-K will use its best endeavours to notify you in advance of any maintenance and repairs, which may result in the unavailability of a service, but cannot always, guarantee this. We are committed to provide you with uninterrupted services. However, we cannot guarantee that service and the allocated capacity will always be available.
4. We can terminate the service at any time if we decide to discontinue the service offering for any reason whatsoever, without any further liability to you.
Cancellation / Refund Policy
1. Net-K policy in respect of exchanges, returns and refunds depends on, inter alia, the type goods and the policy of the manufacturer or supplier thereof. Where the CPA applies to you, Net-K policy in this regard will comply with the requirements of the CPA in relation to exchanges, returns and refunds.
2. Data packages get calculated on pro rata monthly basis for the purchase of refunds and / or invoicing.
3. Warranties, if any, will ordinarily be included in the hardware packaging.
4. Any notice to Net-K by you for cancellation in terms of the Agreement shall be made in writing and unless otherwise prescribed by law, such notice must be made in accordance with the Net-K provisioned cancellation procedures.
5. Termination of any agreements shall be governed by and given effect to as contemplated in the agreement. In particular, month to month agreements may be terminated by either Net-K or you on 1 (one) calendar month's notice, save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.