Net Hog

Introduction
The supply of goods and/or the performance of services by Pyroca3 cc, trading as NetHog Internet Solutions (“we” or “us” or “our”) to all its customers (“you”) is offered only and exclusively on the following terms and conditions. By requesting, ordering or otherwise permitting us to supply goods to or perform services for you, you hereby accept irrevocably and unconditionally our offer without derogation or qualification.

1. Definitions
In these conditions: “Conditions” means these Terms and Conditions; “Customer” or “you” means a person, firm or corporation, jointly and severally if more than one, that request goods or services from us; “goods” means all products and other goods (including any software) supplied by us to you or on your behalf; “including” is not a word of limitation and means without limitation; “services” means all services performed by us for you or on your behalf; “business hours” means Monday to Friday 8am to 4:30pm, excluding gazetted public holidays; “Net Hog” or “Net Hog Solutions” or “we” or “us” or “our” means Pyroca3 cc; and “Party” and “Parties” means (severally and not jointly) Net Hog and/or the Customer as the context requires.

2. Basis of Contract
2.1 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by us to you and cannot be varied, amended or supplemented by any other terms or conditions without our prior written consent.
2.2 Any written quotation provided by us to you concerning the proposed supply of goods or services is valid for 7 days and is an invitation only to you to place an order based upon that quotation. These Conditions may be supplemented by additional terms in our quotation which are not inconsistent with these Conditions.

3. Charges and Payment
3.1 Service fees are payable to NetHog monthly in advance by way of debit order, or such other manner as agreed, on the first day of each and every calendar month.
3.2 The first month is chargeable on a pro-rata basis, from the date on which service provision commences.
3.3 NetHog runs on two different types of contracts – month to month contracts and a twelve month contract. The type of contract between you and NetHog is agreed upon in the NetHog contract.
(a) Month to month contracts are cancellable on 30 days’ written notice.
(b) A twelve month contract is cancellable on 30 days’ written notice. On cancellation of this NetHog contract, you will be liable for a penalty payable every month for the remainder of the contract. This is done in accordance with the Consumer Protection Act, and the penalty will be a fair percentage of the monthly fee.
3.4 If you nominate and are approved for the good(s) or service(s) you have purchased to be invoiced, you may be charged an account fee per invoice issued. This fee will be advised in advance.
3.5 If you exceed your approved credit terms, you will be charged a R45.00 late payment fee. A revised invoice will be sent to you.
3.6 Once a quote has been accepted by you, an agreement is entered by you with NetHog and you are liable to accept the goods or services as outlined by the quote, except under the “Returns and refunds” section of the Consumer Protection Act.

4. Payment Default
4.1 If you default in the payment by the due date of any amount payable to us, or if any direct debit order or other payment method drawn by you is dishonoured, then all money which is then due as well as all monies that are payable by you to us at a later date on any account, shall be due and payable immediately without the requirement of any notice to you, and we may, without prejudice to any other right or remedy available to us:-
(a) charge you interest on any sum due at the rate of 2% above the corporate reference rate of our principal banker. This interest shall be calculated daily and compounded every 30 days for the period from the due date until the date of payment in full; and
(b) charge you for all expenses and costs (including debt collection commission and fees, legal costs on a full indemnity basis and dishonoured cheque fees) suffered or incurred by us resulting from the default, including taking whatever action we deem appropriate to recover any amounts due (which, for the avoidance of doubt, shall include engaging a debt collection agency to seek to recover the amounts due); and
(c) cease or suspend for such period as we think fit, supply of any further goods or services to you; and
(d) by notice in writing to you, terminate any contract with you so far as unperformed by us; without effect on our accrued rights under this or any other any contract. Clause 4.1 may also be relied upon, at our op on:
(a) where you are an individual, you become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally; or
(b) where you are a corpora on, you enters into any scheme of arrangement or any assignment or composition with or for the benefit of your creditors or any class of your creditors generally, or you have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any ac on is taken for, or with the view to, your liquidation (including provisional liquidation), winding up or dissolution without winding up.
4.3 Debt consolidation will be done in accordance with the National Credit Act and the Consumer Protection Act.

5. Equipment
5.1 To enable you to use the service, we loan equipment to you (“Our Equipment”). Charges for any of “our Equipment” that you loan are included in and agreed upon on the Initial Setup fee
5.2 Where we provide Our Equipment to you in connection with the Service:
(a) Ownership or title in Our Equipment is not transferred to you; even after the expiry of any contract period;
(b) You are responsible for Our Equipment from the me it is delivered to you;
(c) You must comply with our reasonable directions relating to our rights of ownership of Our Equipment.
(d) You must only use Our Equipment in accordance with the manufacturer’s specifications and our reasonable directions;
(e) You are responsible for Our Equipment and must pay us for any loss or damage to Our Equipment, except to the extent that it is caused by us or by fair wear and tear;
(f) You must not part with possession of Our Equipment except to us and you must not mortgage or grant a charge, lien or encumbrance over any of Our Equipment;
(g) You must allow us to inspect, test, service, modify, repair, remove or replace Our Equipment, or to recover it a r the Service is cancelled;
(h) You must ensure that Our Equipment will not be altered, repaired, serviced, moved or disconnected except by service personnel approved by us;
(i) You must ensure that you have all necessary consents and approvals (including landlord approval where applicable) necessary or desirable for us to deliver, install and maintain Our Equipment at the Premises; and
(j) You must provide adequate and suitable space, power supply and environment for all Our Equipment located on the premises.
5.3 We reserve the right not to deliver any goods or supply you with services until full payment in cleared funds has been received by us.

6. Risk and Insurance
The risk in the goods and all insurance responsibility for the , damage or otherwise in respect of the goods shall pass to you immediately upon delivery of the goods to the premises nominated by you.

7. Service Availability
7.1 Being within the NetHog wireless network area is a prerequisite for provision of the service. Upon request, a NetHog technician will determine whether your particular desired location is within the Network range.
7.2 NetHog advises potential customers to confirm the availability of the service prior to purchasing or ordering any related hardware of so ware.
7.3 Service availability to any applicant is further subject to:
(a) Any credit checks which NetHog may, in its sole discretion, elect to carry out and, for this purpose, the applicant hereby authorises NetHog to conduct such checks and provide such information to any relevant credit bureau as may be required for this purpose; and
(b) At the discretion of NetHog.
7.4 In order to ensure quality of service and experience across Net Hog’s customer base NetHog employs thro ling based on monthly usage.
7.5 NetHog offers a “best effort” service and no guarantees or warranties whatsoever are provided on throughput or any other aspect of the service, including but not limited to warranties in respect of merchantability, non-infringement of third party rights, freeness from errors or interruptions or availability, other than set out in these terms and conditions.

8. Performance of Contract
8.1 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment. We will use our reasonable endeavours to meet any estimated dates for delivery of the goods or completion or connection of the services.

9. NetHog Warranties
9.1 If we connect you to the NetHog Network, we will not charge you for those services or for any fees associated with the setup of NetHog at your site (Service Guarantee). In some cases, the solution may be that you need to upgrade or replace your software are or hardware. If we advise you to do so and you choose not to upgrade or replace your so are or hardware, you acknowledge that we have met our commitment to you by providing you with a solution to your problem, whether or not you choose to implement that solution.
9.2 We stand behind our service. If you notify us of a problem with the services you were provided, and our diagnosis of the problem indicates that our services were not performed satisfactorily, we will work to provide a solution to your problem quickly and at no additional cost to you.
9.3 You acknowledge that computers are complicated and sometimes problems are more deeply rooted or complicated than initially diagnosed. You also acknowledge that a problem which occurs with your computer after our visit may be unrelated to the work we performed for you and is therefore outside the scope of our Service Guarantee.
9.4 When we sell you equipment, hardware or software, we may be selling such equipment, hardware or software on behalf of a third party manufacturer or licensor. We do not warrant that the operation of any software we install or service will be uninterrupted or error free. You acknowledge that software (and information technology and communications products generally), including your software, may have errors and may encounter unexpected problems, and accordingly, you may experience downtime and errors in the use of software. You also acknowledge that your use of such software may be subject to a third party licence.
9.5 We shall honour all terms (if any) that are implied under applicable Republic of South Africa’s laws and regulations concerning the supply of the goods and/or the performance of the services and nothing in this clause 8 seeks to restrict, modify or exclude such terms. Our warranty and guarantee are in addition to and do not affect your statutory rights and remedies.
9.6 We will comply with our obligations under the Privacy Act.
9.7 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

10. Customer’s Responsibilities
10.1 You shall as a fundamental term of these Conditions back up all software, data and files that are stored on your computer and/or on any other storage devices you may have prior to the arrival of the NetHog technician. We shall not be responsible at any time for any loss, alteration or corruption of any such software, data or files. Repair of goods or installation of software needed for the provision of services may result in loss of data.
10.2 Onsite services involve our NetHog technicians visiting you at your home or other location (Premises) requested by you.
(a) You must ensure that a person of at least 18 years of age is present for the duration of the provision of onsite services.
(b) You must provide our technicians with:
1. access to the areas of your premises necessary to provide services;
2. necessary passwords to your computer;
3. a safe working environment and working space;
4. electrical power and internet access (where applicable).
(c) If the services involve the installation of software, then you must provide our technicians with the installation disks for your operating system or software along with a product key for this software.

11. Liability
11.1 To the full extent permitted by applicable law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided by NetHog under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, quiet enjoyment or non-infringement) are hereby expressly excluded.
11.2 Except to the extent specifically provided in these Conditions, our sole liability to you for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
11.2.1 subject to sub-clauses 11.2.2 and 11.2.3, the aggregate amount of the fees and charges paid by you under these Conditions as at the date of the breach;
11.2.2 in relation to goods if supplied to you as a consumer (as defined in the Consumer Protection Act):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired, as in each case we may elect; and
11.2.3 in relation to services if supplied to you as a consumer (as defined in the Consumer Protection Act):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each case we may elect.
11.3 In no event shall we be liable to you or to any third party under or in connection with these Conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
11.3.1 malfunctions or failures caused directly or indirectly by:
(a) any third party;
(b) our actions that were expressly or impliedly authorised by you, or by your employees or agents;
(c) accident, misuse or abuse by anyone other than us;
(d) alteration or modification of the goods by anyone other than us;
(e) products (including any hardware or software) not licensed or supplied by us that are attached to or used with the goods;
(f) your failure to provide a proper operating and working environment for the goods;
(g) damage during any movement, relocation or re-installation of the goods;
(h) power surge or failure,
(i) acts of God or acts outside our reasonable control;
(j) any other condition not arising under normal operating conditions; or
(k) normal wear and tear; or
11.3.2 any loss or damage of any nature arising or caused directly or indirectly by any breach of your obligations or responsibilities set out in these Conditions.
11.4 Any replacement of parts under warranty will be carried out at the premises nominated by us. The cost and risk of transport of any defective part to the nominated premises is your responsibility.
11.5 In no event will we be liable to you or to any third party under or in connection with these conditions or in respect of the use of (or failure or performance of) the goods or the supply of the services for:
11.5.1 any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
11.5.2 your liability to any third party; or
11.5.3 incidental, consequential, special, exemplary or punitive damages of any nature, howsoever arising or caused, including without limitation the breach of these Conditions or any expiration or termination of these Conditions, whether such liability is asserted on the basis of statute, contract, tort (including negligence or strict liability), equity or otherwise, even if we have been advised of the possibility of such loss or damage.
11.6 We will not be liable for any loss or damage suffered by you where we have failed to meet any delivery date or cancelled or suspended the supply of goods or services.
11.7 Nothing contained in these Conditions excludes, restricts or modifies any:
11.7.1 implied condition, warranty or other implied obligation in relation to these Conditions or the goods and services where pursuant to applicable law to do so is unlawful or void; or
11.7.2 liability for fraud or deceit; or
11.7.3 liability for death or personal injury caused by the negligence of either Party.

12.Copyright in Software
12.1 We will not be responsible to you or any third party for any breach of any software licence in respect of software provided to us by you to be installed on your computer.
12.2 You hereby warrant that you have a valid licence in respect of such software and shall indemnify us and hold us harmless against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of us installing so are at your request.

13.No Representation or Reliance
13.1 You acknowledge that neither we nor any person acting on behalf of us has made any representation or other inducement to it to enter into these Conditions, except for representations or inducements expressly set out in these Conditions.
13.2 You acknowledge and confirm that you do not enter into these Conditions in reliance on any representation or other inducement by or on behalf of us, except for representations or inducements expressly set out in these Conditions.
13.3 Without limiting the generality of clauses 13.1 and 13.2, you understand and hereby confirm that:
(a) your decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made or given by us or any person on its behalf in relation to the capacity, uses or benefits that might or would be derived or obtained from the goods or services, except as expressly set out in clause 8, and
(b) you have relied on your own skill and judgement in deciding to purchase and acquire the goods and services.

14.Entire Agreement
14.1 To the extent permitted by law, in relation to its subject matter, these Conditions:
14.1.1 embody and constitute the entire legal and contractual relationship of the Parties, including the entire terms agreed by the Parties; and
14.1.2 supersede, replace and terminate by mutual consent any prior written or oral representations, negotiations, understandings, agreements or contracts between the Parties.
14.2 When you enter a contract with NetHog, the contract term is for 12 (twelve) months. Thereafter, any contract renewal is subject to the Consumer Protection Act.
14.3 In the case where there is no contract, you are liable to pay a once off setup fee, as decided by NetHog Internet Solutions, and documented on the contract.

15. Governing Law
This Agreement is governed by and must be construed according to the law applying in the Republic of South Africa. The Parties hereby irrevocably submit to the jurisdiction of the courts of the Republic of South Africa