• N-Connect sells access to its network on a subscription basis which facilitates use of the world wide web, electronic mail, FTP via a connection for N-Connect members who enter a valid user name and password.
• When you subscribe for the service, N-Connect will issue a user name and password to you. By using the user name and password to access the service and/or by using the service, you will be signifying your acceptance of these terms and conditions of use, which will form a binding agreement between you and N-Connect

Interpretation Of This Agreement

• "the/this agreement" - means these terms and conditions of use, N-Connect's website terms and conditions of use, N-Connect's copyright notice, N-Connect's privacy policy, N-Connect's mailbox rules and all other terms and conditions which N-Connect may, from time to time, impose in respect of the service, as amended and updated from time to time;
• "effective date" - means the date on which N-Connect activates your subscription to the service;
• "service(s)" - means the service described in 1.1 above and any other service that you may subscribe to or which may form part of N-Connect's offering from time to time;
• "membership fee" - means the fee provided for in 6.1 below, as set out in N-Connect's standard price list from time to time.

• N-Connect hereby, with effect from the effective date, grants you access to the service on the terms and conditions of this agreement
• You hereby acknowledge receipt of such access and agree that:

  • you will use your user name and password for your own personal use only;
  • you will not disclose your user name and password to any other person for any reason whatsoever and will maintain the confidentiality thereof;
  • in the event that your password is compromised, you will immediately notify N-Connect and change your password;
  • you will not, at any time, permit and/or initiate a simultaneous network log-in; and
  • you will not attempt to circumvent N-Connect's user authentication processes or engage in attempts to access 'N-Connect network where not expressly authorised to do so.
• Should you fail to comply with any of the provisions of 3.2, you agree to pay to N-Connect's immediately, on demand, all costs, loss and/or damages incurred or suffered by N-Connect as a result of your breach. This may include (without being limited to) the payment of an additional membership fee.

• N-Connect will use reasonable endeavours to make the service available to subscribers, and keep the service available to such subscribers at all times. However, you agree that N-Connect shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or the use of the service for any reason whatever. This exclusion of liability of N-Connect for loss or damage will include (but is not limited to):

  • losses caused by negligent acts of N-Connect and any acts of N-Connect's employees;
  • any direct, consequential, incidental, indirect or special loss or damage flowing from business interruption, loss of business information, loss of data or any other cause;
  • any loss regardless of whether a claim for such loss is based on breach of contract, delict, breach of implied warranties or otherwise; and
  • any loss whether it could have been foreseen or not.
• N-Connect will use its best endeavours to notify you of any maintenance and repairs which may result in the service being unavailable, but does not warrant or otherwise contractually undertake that such notice will be given.

• You agree to pay the membership fee, which may include (without being limited to) the monthly access fee, and fees for other services you may subscribe to from time to time. Unless we specifically agree otherwise, the membership fee will be payable monthly in advance, on or before the 1st of each month.
• We will invoice you for the membership fee on a monthly basis, unless we specifically agree otherwise.
• The membership fee and all other amounts payable in terms hereof shall be paid free of exchange and without deduction or set-off by way of a direct debit order (drawn against a current banking account nominated by you) in favour of N-Connect, or in such other manner as N-Connect may from time to time determine. You agree that by furnishing your bank details, you authorize N-Connect to deduct all amounts payable in terms of this agreement from the account specified. Should we require you to, you agree to sign all such forms and do all such things as may be necessary to give effect hereto.
• Should you fail to pay any amount on the due date for payment, then, without prejudice to any other rights N-Connect may have:

  • such amount shall bear interest at the rate of 2% above the prime overdraft rate of N-Connect 's bankers from time to time, calculated from the due date until the date of payment (both dates inclusive) and will be capitalised monthly;
  • N-Connect shall be entitled to take all such further steps as may be necessary to recover the outstanding amount from you, in which event you agree to pay all costs associated with such recovery on an attorney and own client basis;
  • N-Connect shall be entitled to, without notice, suspend your access to the service until such time as the outstanding amount has been paid in full; and/or
  • N-Connect shall be entitled to terminate this agreement with immediate effect.
• N-Connect shall, in its sole discretion, be entitled to increase or decrease the membership fee at any time. N-Connect undertakes to give you at least 30 days written notice of any such increase or decrease. Should the amended fee be unacceptable to you, you may terminate this agreement in accordance with 14 below, failing which the amended fee shall take effect on the date indicated in the written notice.
• You may not withhold payment of any amount due to N-Connect in terms of this agreement by reason of any alleged breach of this agreement by N-Connect, nor will you be entitled to any discount, refund or other credit under any circumstances.

• In order to ensure the security and reliable operation of the service to all N-Connect members, N-Connect hereby reserves the right to take whatever action N-Connect finds necessary to preserve the security and reliability of its network.
• You may not utilise the service in any manner which may compromise the security of N-Connect's network or tamper with the service or the network in any manner whatsoever.

• You hereby agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:

  • engage in any abuse of e-mail or spamming, including (without being limited to) the posting or cross-posting of unsolicited articles with the same or substantially the same message to recipients that did not request to receive such messages;
  • take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the service;
  • use the service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
  • use the service to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
  • use the service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others, including (without being limited to) the transmission of pirated software;
  • use the service in any manner which could damage, impair, overburden or disable the service or interfere with any other party's use or enjoyment of the service;
  • use the service to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
  • cancel any Usenet post other than your own;
  • epeatedly post gratuitous off the topic postings;
  • gather e-mail addresses and/or names for commercial, political, charity or like purposes or use the service to collect or attempt to collect personal information about third parties without their knowledge or consent; and
  • violate the privacy of any person or attempt to gain unauthorised access to the service or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
  • use the service to engage in any illegal or unlawful activity.
• Should you engage in any one or more of the above practices, which shall be determined in N-Connect sole discretion and which decision shall be final, then N-Connect shall be entitled, without prejudice to any other rights it may have, to:

  • without notice, suspend your access to the service;
  • terminate this agreement with immediate effect;
  • bill you for any costs incurred by N-Connect, including (without being limited to) bandwidth, administration costs, downtime, usage of N-Connect's name or registered domain names and CPU cycles; and/or
  • not with standing N-Connect's privacy policy, disclose any information relating to you, whether public or personal, to all persons affected by your actions.

• your use of the service;
• your failure to comply with any provision of this agreement or any other requirements which N-Connect may impose from time to time; and
• any unavailability of, or interruption in the service, as contemplated in 4.1 above.

Should you be in breach of any provision of this agreement, N-Connect then shall be entitled, without prejudice to any other rights it may have and without notice to you, to forthwith:

• claim immediate payment of all outstanding amounts payable in terms of this agreement;
• suspend your access to the services; and/or
• terminate this agreement, retain all amounts already paid by you and recover all costs incurred by N-Connect, including (without being limited to) legal costs on an attorney and own client basis.

• The amount due and payable by you to N-Connect in terms of this agreement at any time shall be determined and proved by a certificate signed by one of N-Connect's directors, whose appointment, qualification and authority need not be proved.
• Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you.

• You may not cede any of your rights or delegate any of your obligations under this agreement without N-Connect's express written consent.
• N-Connect shall be entitled, in its sole discretion and without notice to you, to cede and transfer or delegate to any third party all or any of its rights or obligations under this agreement.

• The parties acknowledge and agree that this agreement sets out the whole of the agreement between them and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which any party is relying in concluding this agreement.
• he parties choose their respective domicilia citandi et executandi for the purposes of giving any notice, the serving of any process and for any other purposes arising from this agreement as follows:

  • N-Connect: 4 Tim Street, Boksburg West; and
  • you: the address you provided to us when subscribing for the service.
• You agree that any notices we send to you in terms of this agreement may be sent via e-mail.
• No indulgence, leniency or extension of time which N-Connect may grant or show to you shall in any way prejudice N-Connect or preclude N-Connect from exercising any of its rights in the future.
• You warrant that as at the effective date, all the details furnished by you to N-Connect are true and correct and that you will notify N-Connect forthwith in the event of any change to such details.