Acceptance of Order:
The agreement and the provision of service, will only come into being between Bluestorm Internet Solutions and a customer when the customer has agreed to the terms and conditions contained herein.
If the credit status of the customer was not accepted by Bluestorm Internet Solutions on activation of the service, subject thereto the service may be terminated.
The customer agrees to an online, paperless subscription.
The customer acknowledges that all the information that is submitted online is true and correct to the best of their knowledge.
The customer agrees that the act of submitting the subscription form online is in lieu of their signature.
Provision of Service:
Commencing on the date of this application ("the commencement date") and for the duration of this agreement thereafter, Bluestorm Internet Solutions shall make reasonable efforts to make available a continuous, uninterrupted, expedient and error-free service to the customer, subject to the terms and conditions set out herein.
Notwithstanding the provisions, the customer acknowledges that in the normal course of provision of service(s), temporary interruptions may occur for whatever reason. In the circumstances, Bluestorm Internet Solutions shall not be held liable for any damages whatsoever (economical or otherwise) which the customer may suffer as a result of such interruption of service(s).
The customer shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on its premises, including (without limitation) computer hardware equipment, telecommunication equipment and modems necessary and required by the customer to exercise its rights and enjoy the services provided herein.
The customer shall pay to Bluestorm Internet Solutions all applicable charges, tariffs, fees and other amounts ("charges") as may be set out in this agreement or on our published pricelist, in respect of the provision of the services to the customer.
Bluestorm Internet Solutions will be entitled to adjust any of its charges, including without limitation tariff increases at any time by giving the customer a 30 day electronic notification of such adjustments.
All access charges that entitle the customer to obtain access to the services subscribed for, shall be payable in the manner as set out in this agreement and where such charge is indicated as-
Charges are payable in advance for the first and any subsequent period, as from the date on which the Service is established. Where the Customer requests the termination of a Service the amount, if any, paid for a period after the official date of termination will be credited to the Customer. If the Customer requests that a Service be terminated prior to the expiry of the minimum period, the non-expired part of the period will stay in force. In such cases the Customer shall remain liable for the period of the non-expired part.
Any payment due to Bluestorm Internet Solutions not made on the due date thereof shall bear interest at a rate of 2.5% above the prime bank overdraft rate as charged by Bluestorm Internet Solutions bankers from time to time, calculated from the date payment was due until date of actual payment in full, capitalised monthly in arrears.
The customer agrees that submission of bank account information or credit card details to Bluestorm Internet Solutions constitutes authorisation by the customer for Bluestorm Internet Solutions to debit the specified bank account for all fees owed by the customer to Bluestorm Internet Solutions.
The customer shall, on demand, pay to Bluestorm Internet Solutions all costs and expenses incurred by Bluestorm Internet Solutions in enforcing the terms of this agreement, including without limitation legal costs on an attorney and own client basis.
Should the bank dishonour any payment offered by the customer to Bluestorm Internet Solutions, Bluestorm Internet Solutions shall be entitled, over and above the dishonoured payment as well as bank charges, to charge and the customer shall be obliged to pay a reasonable administration fee.
Any upgrades or changes to another service / product, may be subject to additional charges or separate agreement.
Installation and connection:
The customer acknowledges that any installation date or connection date furnished by Bluestorm Internet Solutions is provisional only and, should installation or connection, as the case may be, not be effected by such provisional date Bluestorm Internet Solutions shall not be responsible for any consequences of such delay or be liable for any damages, costs or expenses whatsoever incurred or suffered by the customer or any third party, and the customer shall not be entitled, as a result of such delay, to terminate this agreement or withhold any payment.
This clause specifies the entire liability of Bluestorm Internet Solutions, including, without limitation, liability for negligence. In particular (but without limitation) all statutory, expressed, implied or collateral terms, conditions or warranties are excluded.
Bluestorm Internet Solutions shall under no circumstances be liable (including liability for negligence) for any loss, damage or injury that the customer or any third party may suffer, no matter when or how arising, specifically including (but without limitation) refunds of fees, loss of profits, financial loss, loss of contracts, loss of income, loss of anticipated business, cost of replacement services, savings use, goodwill or any other form of consequential loss.
Any service(s) provided herein is provided on an "as-is" basis and Bluestorm Internet Solutions makes no express or implied warranties or representations of whatsoever nature with respect to any such service.
The customer shall and hereby does indemnify Bluestorm Internet Solutions - against any damage, loss or liability (excluding liability for Bluestorm Internet Solutions wilful misconduct) arising from the provision of services to the customer, its employees, directors, agents and / or representatives.
against any damage, loss or liability of whatsoever nature arising from a breach of Bluestorm Internet Solutions security measures, any misuse of Bluestorm Internet Solutions' facilities or services and / or any act or omission of any other customer of Bluestorm Internet Solutions.
From any claim by any third party arising directly or indirectly out of or related to the customer's access to or use of services rendered by Bluestorm Internet Solutions or any information or data obtained through such access or use and its holding company, affiliates and subsidiaries, for all loss, damage, cost or liability that may be incurred by any one or more of them in the event that the customer's use of the service and/or the products supplied hereunder - constitutes a violation of any law, regulation or tariff; is defamatory, fraudulent or deceptive; is intended to threaten, harass or intimidate; or interferes with the use or enjoyment of other customers of the services and products provided by Bluestorm Internet Solutions.
Under no circumstances whatsoever will Bluestorm Internet Solutions' liability, if any and whether in contract or otherwise, exceed the aggregate of the amounts actually paid by the customer to Bluestorm Internet Solutions.
The customer hereby agrees -
- that it is aware and will stay aware of and shall at all times comply with all statutory or other regulatory provisions and rules applicable to the provision and use of the services from time to time;
- that it shall make use of the services in a responsible, prudent, lawful and honest manner;
- that it shall comply with any directions, instructions and limitations issued or notified by Bluestorm Internet Solutions from time to time in connection with the services;
- that it shall not use any service in a manner which -
- constitutes a violation of any law, regulation or tariff that may be in force in South Africa or elsewhere. In particular the customer undertakes to familiarise itself and ensure that it is kept continuously appraised of all such laws, regulations and tariffs in force from time to time which may have any bearing on the services rendered and products provided by Bluestorm Internet Solutions and/or the customer's access to or use thereof;
- constitutes an act or omission that is generally unacceptable or offensive to internet users in general, to the public at large or as same may be determined by Bluestorm Internet Solutions from time to time in its sole and absolute discretion, specifically including (but not limited to) the hosting or distribution of pornographic material, spamming, hacking, unsolicited mailing etc.;
- contravenes any Bluestorm Internet Solutions, as such document may be published, updated and amended by hot4africa.com from time to time;
- is defamatory, fraudulent or deceptive;
- is intended to threaten, harass, nuke or intimidate;
- tends to damage the name or reputation of Bluestorm Internet Solutions, its holding company, affiliates and or subsidiaries or;
- interferes with the use and enjoyment of Internet related services of customers of Bluestorm Internet Solutions;
- that the services to be rendered to the customer shall be as defined and subject to such limitations as may be notified from time to time by Bluestorm Internet Solutions.
- that the customer is aware of the limitations of all relevant services and that service quality and coverage available shall be limited to that supported by the infrastructure of Bluestorm Internet Solutions, its network providers and Bluestorm Internet Solutions and that service may from time to time be adversely affected by a number of different causes:
Suspension of Service:
- that it shall not commit any act or omission which may have an adverse technical effect on the integrity or functionality of the network infrastructure of Bluestorm Internet Solutions or that provided or made available to the customer by or through Bluestorm Internet Solutions. If any act or omission of the customer has such an adverse technical effect the customer shall, on receiving notification to that effect from Bluestorm Internet Solutions, forthwith take such steps as may be necessary to rectify the situation at his own cost and expense, failing which Bluestorm Internet Solutions shall be entitled, without prejudice to its other rights in terms hereof or at law, to forthwith suspend the service and/or terminate this agreement;
- that unless otherwise agreed by Bluestorm Internet Solutions in writing, it shall not resell or make available to third parties, in any manner whatsoever and whether directly or indirectly, the services provided to it by Bluestorm Internet Solutions;
- that it shall take whatever steps may be necessary to ensure the safekeeping and confidentiality of all identification codes and passwords furnished by Bluestorm Internet Solutions for use by the customer and shall specifically not disclose same to any third party without Bluestorm Internet Solutions' prior written consent.
- to comply with the rules and regulations applicable to any network that is accessed through Bluestorm Internet Solutions;
- that where it is outside the Republic of South Africa and wishes to connect to the internet, such connection may be subject to the terms and conditions of a Global Service Provider ("GSP"). The customer has been informed of and acknowledges that the GSP is not affiliated to Bluestorm Internet Solutions.
Bluestorm Internet Solutions may from time to time and without notice suspend the services in any of the following circumstances-
during any technical failure, modification or maintenance either of the service or the equipment by means of which the service is provided;
if the customer -
Notwithstanding any suspension of service under this clause, the customer shall remain liable for all charges due hereunder throughout the period of suspension unless Bluestorm Internet Solutions, in its sole discretion, determines otherwise.
- fails to comply with any of the terms and conditions of this agreement (including failure to pay any charges due) until the breach (if capable of remedy) is remedied; or
- does or allows to be done anything which, in Bluestorm Internet Solutions' reasonable opinion, may have the effect of negatively affecting the operation of the Bluestorm Internet Solutions network or the provision of services to the customer or to any other customer(s) of Bluestorm Internet Solutions.
- if the customer uses the service in contravention of any act or regulation.
Notwithstanding anything to the contrary contained in this agreement, Host4Africa.com shall at any time be entitled to terminate this agreement on not less than 30 (days) notice to such effect to the customer, Host4Africa.com making due refunds. In the case of a month-to-month agreement the customer shall give Bluestorm Internet Solutions one calendar month notice of termination.
Without prejudice to any other rights or remedies which Bluestorm Internet Solutions may have in terms hereof or at law, Bluestorm Internet Solutions shall be entitled to forthwith cancel this agreement and discontinue the service if the customer fails to comply with any of the terms or conditions of this agreement or any other agreement made between Bluestorm Internet Solutions and the customer.
Upon termination of this agreement Bluestorm Internet Solutions shall disconnect the customer from the networks of Bluestorm Internet Solutions and all its network providers.
After disconnection of the customer upon termination of this agreement, the customer shall on demand pay all charges outstanding at the time of disconnection, including any disconnection or termination fee, which may be charged Bluestorm Internet Solutions.
Upon termination due to any breach of this agreement by the customer, Bluestorm Internet Solutions shall be entitled to claim damages.
Bluestorm Internet Solutions shall not be liable to the customer for any breach of this agreement or failure on its part to perform any obligation as a result any circumstances outside Bluestorm Internet Solutions' reasonable control, including without limitation, of technical problems relating to the network, or any one of them, acts of God, government control, restrictions or prohibitions or any government act or omission, whether local, national or international, act or default of any supplier, agent or sub-contractor, industrial disputes of any kind or any other cause.
Bluestorm Internet Solutions reserves the right and shall be entitled to alter any name, code or number allocated by Bluestorm Internet Solutions for use in connection with the services and the customer hereby indemnifies Bluestorm Internet Solutions against any cost to the customer, loss or liability arising from such alteration.
Bluestorm Internet Solutions shall, as and when specifically requested to do so by the customer in writing via e-mail, render such consultation and support services to the customer pertaining to the identification and, if possible, solution of problems encountered by the customer in the Bluestorm Internet Solutions services rendered to it or with his Internet related services in general as the customer may request, subject to the payment by the customer of all hourly tariffs, distance charges and other related fees payable in respect thereof.
Bluestorm Internet Solutions shall, as part of such service, identify the customer's problem, but does not give any warranty, guarantee or any other similar undertaking that it will be able to rectify all or any of the problems so identified.
The customer shall -
Bluestorm Internet Solutions does and shall not accept any responsibility or liability for any existing data on the customer's equipment and shall specifically not be required to back-up any data before commencing any work. The customer hereby indemnifies and holds Bluestorm Internet Solutions harmless against any cost, liability, loss or damage incurred or suffered by the customer or by Bluestorm Internet Solutions as a result of the loss of any such data, whether occasioned by any act or omission of Bluestorm Internet Solutions, its representatives, agents or employees or otherwise.
- supply all software, hardware and all related documentation required by Bluestorm Internet Solutions to identify and solve any problem encountered by the customer. Failure to do so will result in Bluestorm Internet Solutions not being able to assist customer any further, whilst the customer shall remain liable for the payment of any and all to amounts;
- render to Bluestorm Internet Solutions, its agents, representatives and employees all necessary assistance to identify, locate and solve any problem encountered by the customer; and
- ensure the safety of all agents, representatives and employees of Bluestorm Internet Solutions present at the customer's premises and shall and hereby does assume responsibility and liability for any cost, expense, loss or damage incurred or suffered by Bluestorm Internet Solutions or any of its representatives, agents or employees as a result of any injury to or the death of any such person whilst present at the customer's premises, from whatsoever cause arising.
Consultation time charged for will commence when the relevant Bluestorm Internet Solutions agent, representative or employee leaves the Bluestorm Internet Solutions office and will end when he returns to the Bluestorm Internet Solutions office. The customer will be charged should the consultant for any reason whatsoever not be able to obtain access to the customer's premises or equipment.
The customer shall not cede, assign, transfer, encumber or delegate any of his rights or obligations in terms of this agreement to any third party. Notwithstanding anything to the contrary contained herein, Bluestorm Internet Solutions shall be entitled to cede its rights and delegate its obligations in terms of this agreement to any of its affiliate companies, provided that reasonable guarantees will be given to the customer.
The terms and conditions as set out herein, constitute the entire agreement between Bluestorm Internet Solutions and the customer and supersede all representations made to the customer, all amendments effected by the customer to any application form or other similar document submitted by him and all communications between Bluestorm Internet Solutions and the customer relating to the subject matter hereof.
The customer chooses, as his domicilium citandi et executandi, the physical address set out in "Customer Details" in this agreement.
Bluestorm Internet Solutions reserves the right to amend these terms and conditions from time to time and shall notify the customer of such amendments.
This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
The clause headings in this agreement are for the purpose of convenience only and shall not be taken into account in the interpretation of nor modify the terms of this agreement. Unless inconsistent with or a contrary intention clearly appears from the context words importing any reference to a gender includes the other genders, any reference to the singular includes the plural and vice versa, and any reference to natural persons includes legal persons and vice versa.
If any clause or clauses of the terms and conditions of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the remainder of the terms and conditions of this agreement shall remain valid and enforceable.
The customer shall protect all username & passwords for Bluestorm Internet Solutions. Bluestorm Internet Solutions accepts no liability whatsoever for any misuse or abuse of the customer's service as a result of disclosure of a customer's username & password. The customer will immediately notify Bluestorm Internet Solutions, when it becomes apparent that his/her username & password has been compromised, until such notification is received & accepted by Bluestorm Internet Solutions, the customer remain liable for any usage charges incurred or o