Terms and Conditions
These terms governs the provision of all services relating to Baremetal and client and includes Fibre.
COMMENCEMENT AND DURATION OF CONTRACT
The agreement will become binding on the parties upon the commencement date and will terminate on the end of term as stipulated in the agreement. Early termination of this agreement is to be dealt with as allowed for in this agreement.
CANCELLATION OR VARIATION OF THE SERVICES BEFORE THE CONNECTION DATE, ACTIVATION DATE OR TERM AS PER BAREMETALS TERMS OF CONDITIONS:
Should the customer cancels or change any of BareMetal’s services before the connection date, activation date of term as per Baremetal’s Terms of Conditions, for any reason other than breach by BareMetal, BareMetal will charge a punitive fee for all costs incurred as a result of the cancellation, which fee shall be the amount as determined by Baremetal from time to time. The amount may be disclosed by Baremetal upon request by the client at any stage prior to the signing of this agreement. The amount shall be due and payable on demand. Cancellation will only be accepted and regarded as valid upon the written receipt of a cancellation notice from the client. Fix term agreements- it may only be cancelled after a 21 days written notice of the intention to cancel was received by BareMetal.
Apart from any agreements having been concluded to the contrary, all agreements entered into between BareMetal and the client, shall not include equipment. Equipment may either be sold or leased as per the agreement between BareMetal and the client .If a client has entered into an agreement to buy equipment they cannot withhold payment unreasonably. Equipment that is not ICASA approved shall be removed by BareMetal.
All installations will be done during normal office hours. After hours installation shall be done at an after hour rate.
It is the duty of the client to obtain written permission for any installation done on a premises not belonging to him. BareMetal assumes that the property belongs to the client or alternatively that the client has the required consents or permission. BareMetal will not be held responsible for any damages that occurs as a result of any failure to get the permission.
USE OF SOFTWARE
All equipment shall only be used for its intended purposes. The client shall not allow any other engineer to modify, alter or tamper with any of BareMetal’s equipment or licenses. All rights to software, upgrades or licenses shall vest in BareMetal only.
The equipment may not be used for any illegal activities whether knowingly storing, creating or distributing. The equipment shall not be used to infringe any rights of any third parties. Or for the sending of any uninvited or unsolicited e mails.
RIGHT TO ENTER
The client hereby also give BareMetal the right to enter the premises and to inspect the equipment at all reasonable time or anytime agreed to by the parties.
Client accepts and is aware that Internet and Data Networking consists of various networks that participates in the successful rendering of this service, many of which is not under or subject to BareMetal’s control. As such BareMetal cannot warranty that the service will be available all the time at all times. Equipment is also not manufactured by BareMetal and as such BareMetal cannot warrant that these equipment will always work all the time, for all time. Therefore errors and faults amongst others might be present and a reality. As such clients undertake hereby not to withhold payment for services in cases where shutdown of services is a result.
MAINTENANCE AND CONDITION
The general rule applicable for the term of this contract shall be that the equipment supplied by BareMetal shall always be deemed to be in a working condition until otherwise advised by clients. Baremetal will to faults as reported and at normal working hours. After Hours rates shall apply if done after hours.
Faults of equipment that is the result of the clients willful or negligent cause, shall be done and be payable by the client as per BareMetal’s preferred rates.
TEMPORARY SUSPENSION OF SERVICES
In the event of maintenance BareMetal shall for as long as necessary suspend service to a client until all maintenance has been completed. Clients shall not have the right to suspend or withhold payment as a result any such suspension or termination.
BareMetal shall not be responsible for any loss of service because of any Act of God, Government Restrictions or prohibitions.
RICA, PRIVACY AND POPIA
BareMetal shall have the right to make general credit checks about any client to ensure that all information supplied by the client is correct. As such BareMetal shall have the right to disclose any information required for such purpose to any credit bureau requesting any such information.
Client hereby warrants that all information given is correct and accurate and complete. All information given by client is subject to Protection of Personal Information Act.
The Legal Adress for service of any legal process is 64 Ajax Way, Woodlands Mitchells Plain 7785
Service shall be cancelled on the normal cancellation form as as available on BareMetal’s Website
Unless BareMetal expressly agrees to the contrary in writing, Customer must cancel services on at least 90 days’ advance notice to take effect at the end of the Initial Period or the Renewal Period, failing which BareMetal my charge the Customer a cancellation fee.Cancellations must be processed through the cancellation request form in the BareMetal Portal, or Customer must send a cancellation request to email@example.com The online cancellation request form will reflect the duration that is left for each Service as well as the cancellation fee (if any) of each Service. Cancellations received by email will be followed up with a quote setting out the cancellation fee (if any) of each Service.
Email cancellations must contain at least the following information: The Customer’s account number; and the description of the Service/s to be cancelled as is described on the Customer’s invoice. BareMetal will not be deemed to have received a cancellation notice unless it has issued Customer with written confirmation of receipt and a unique reference number. If Customer is not furnished with a unique reference number within 48 hours of transmitting its cancellation notice, Customer must escalate to firstname.lastname@example.org. BareMetal’s processing of a cancellation request shall be without prejudice to its right to any claim that it may have in terms of this Contract. Customer acknowledges that in many instances cancellation of Services is not reversible or may attract financial penalties, and therefore BareMetal may delay the actual termination of Services after acknowledging receipt of a cancellation notice to communicate to Customer the consequences of termination and to allow Customer to withdraw a cancellation notice. Customer shall remain liable for any Charges raised by BareMetal against the Customer’s account after the Customer has sent BareMetal a cancellation notice that is not processed in the manner set out herein