PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
EQUIPMENT RENT TO OWN
1.1. Unless the context clearly indicates the contrary, any term defined in the General Terms when used herein, shall bear the same meaning as defined in the General Terms.
1.2. Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1. "Equipment" means any router, gateway, server, security device and/or any other equipment (including any software, hardware, cables, connectors, programmes, interfaces, associated media, printed materials, and/or on-line or electronic documentation associated with it), selected by Customer in the Application Form to be the subject of Equipment Rent to Own;
1.2.2. "Equipment Rent to Own" means the Services which MWEB renders to Customer in accordance with Customer's selections as indicated by Customer in the Application Form under such heading or description in terms whereof the selected Equipment is rented to Customer with the intention that Customer will subject to the terms and conditions set out herein own such Equipment.
Equipment Rent to Own shall commence upon the earlier occurrence of the following events:
2.1. the Activation Date of the Equipment should MWEB be required to deliver and install the Equipment; or
2.2. the date of delivery of the Equipment to Customer or collection of the Equipment from MWEB by Customer.
2.3. Equipment Rent to Own shall endure for the Initial Period selected on the Application Form and/or until the full amount of any fees or charges owing is settled in full, whichever period is the latter of the two.
2.4. Upon termination of Equipment Rent to Own Services for any reason whatsoever, Customer shall be obliged to settle the full outstanding amount failing which, MWEB shall notwithstanding the provisions of the General Terms, immediately be entitled to take possession of the Equipment. Customer shall provide MWEB with the necessary co-operation and assistance to arrange for the removal of the Equipment from Customer's premises.
3. SERVICE FEES
3.1. Customer shall pay MWEB the service fees specified in the Application Form, in accordance with the provisions set out in the General Terms.
3.2. Customer acknowledges and agrees that the services fees shall where applicable, include delivery, installation, travel and/or any other adhoc fee chargeable by MWEB relating to the Equipment.
4. TERMS AND CONDITIONS SPECIFIC TO EQUIPMENT RENT TO OWNMWEB shall in accordance with Customer's choices as set out in the Application Form, rent the Equipment to Customer who accepts such rental. Customer acknowledges that ownership to the Equipment will remain with MWEB until the Services Fees are paid in full.
4.2. Until ownership passes to Customer:
4.2.1. the Equipment shall at all times remain the property of MWEB;
4.2.2. the Equipment shall at all times be regarded as a movable property and shall not become part of the property;
4.2.3. MWEB shall have the right to enter Customer's premises in order to remove the Equipment in the event that Customer terminates the Agreement without paying the full Services Fees;
4.2.4. Customer shall not allow any third party to take possession of the Equipment unless duly authorised thereto by MWEB. Should any third party take possession of the Equipment without the said authorisation, the replacement value thereof shall immediately be due and payable by Customer;
4.2.5. Customer or anyone else shall not (under any circumstances), be allowed to: (i) access and/or tamper with the Equipment; (ii) move the Equipment to any other location without the express written permission of MWEB; and (iii) use the Equipment for any other purpose;
4.2.6. access to the Equipment shall be restricted to MWEB's staff or its duly authorized agents and/or contractors only.
4.3. MWEB will not be responsible for Customer's network infrastructure and Customer will be solely responsible for his/her/its network infrastructure.
4.4. If the site at which the Equipment is to be installed is rented, Customer shall:
4.4.1. advise MWEB in writing of the name and address of the landlord as well as any changes thereto;
4.4.2. inform the landlord that the Equipment belongs to MWEB and can therefore not be subject to a lien or hypothec, it being agreed that MWEB may notify the landlord of this fact should Customer fail to do so; and
4.4.3. not move the Equipment without MWEB's prior written consent.
5. DELIVERY AND INSTALLATION (IF SELECTED/APPLICABLE)
5.1. MWEB will only delivery and install the Equipment at Customer's premises if:
5.1.1. Customer has selected delivery and installation in the Application Form; or
5.1.2. due to supplier's terms and/or the nature of the Equipment it is compulsory for MWEB to delivery and install the Equipment.
5.2. Upon submission of the Application Form, MWEB shall notify Customer with regard to the delivery and installation date and time. MWEB cannot guarantee the installation date and time, but will use reasonable efforts to ensure anticipated installation date and times are met. MWEB will inform Customer as soon as possible if it is unable to attend a set appointment. Customer shall not be allowed to move the installation date and time, without MWEB's consent. Customer shall also not be entitled to withdraw or cancel the order of the Equipment or refuse to accept delivery, installation, set-up and or configuration as a result of MWEB's failure to meet anticipated deliver and installation date and times.
5.3. Customer shall prior to the installation date and if required, supply MWEB with his/her/its technical requirements to enable MWEB to:
5.3.1. install and connect the Equipment to Customer's network;
5.3.2. set up and/or configure the Equipment to meet Customer's requirements.
5.4. MWEB will (if required), confirm if Customer's requirements are acceptable or not and the reasons for the non acceptance of such requirements. In the event that MWEB accepts Customer's requirements, MWEB shall prior to the delivery and installation date:
5.4.1. supply Customer with the specifications that will enable MWEB to install and connect the Equipment to Customer's network;
5.4.2. set up and/or configure the Equipment to meet Customer's requirements.
5.5. MWEB shall not be responsible for any loss and/or damage caused to Customer's network infrastructure and/or Equipment as a result of the setting up and/or configuration of the Equipment. Customer is therefore advised to keep a back up of all its data.
5.6. MWEB shall at its own costs and expense deliver the Equipment at Customer's premises, however, if Customer's premises are situated beyond 100km (one hundred kilometers) from MWEB's offices, MWEB will charge Customer for the delivery costs incurred by MWEB. A signed delivery note by Customer (including his/her/its employee, representative or nominee) shall constitute prima facie proof that the Equipment was delivered to and received by Customer in good condition.
5.7. Upon delivery of the Equipment, Customer shall bear all risk of loss, theft, damage and/or destruction of the Equipment whilst housed at Customer's premises for an amount equal to the full replacement value thereof. Customer shall make his/her/its own arrangements regarding the insurance of the Equipment.
5.8. Customer shall prior to the installation: (i) appoint a designated person to manage the installation project on Customer's behalf; (ii) prepare the premises and/or the area where installation will be done for installation purposes; and (iii) notify its staff, other tenants/owners on the premises, the landlord and/or governing bodies (where relevant), about the installation date and time.
5.9. Customer warrants that:
5.9.1. the premises and/or the area where installation will be done, meet the requirement of the Occupational Health and Safety Standards;
5.9.2. in the case of rented premises the landlord and/or the governing body(ies) are aware of: (i) the installation work to be done; (ii) what such installation entails; and (iii) the installation date and time; and
5.9.3. in the case of rented premises the landlord and/or governing body(ies) have given Customer the necessary written approvals to allow MWEB to commence the installation work.
5.10. MWEB shall not be liable for any losses or damages it sustains or incurs as a result of breach by the Customer of the warranties contained in clause 5.9 above.
5.11. MWEB including any of its respective agents or contractors shall on the installation date and during business hours, attend to:
5.11.1. the installation of the Equipment; and
5.11.2. set-up and/or configuration of the Equipment (if required).
5.12. Customer shall allow MWEB including its agents or contractors, all reasonable access to Customer's premises and/or property. A signed confirmation by Customer (including his/her/its employee, representative, carrier, agent or nominee), that installation and set-up and/or configuration of the Equipment was done shall constitute prima facie proof that it was done according to specification and Agreement.
5.13. MWEB may be required to: dig, drill, remove pavement, carpets, tiles, and ceilings, apply glue or perform any other act in order to install the Equipment ("Installation Work"). Customer hereby gives MWEB the permission to perform such Installation Work and Customer further warrants that he/she/it has received written permission from the landlord and/or any governing body(ies) (where required), to perform such Installation Work.
5.14. MWEB will use reasonable commercial endeavours to ensure that the Installation Work is performed in a professional manner without causing any damage to Customer's or any other third party's premises or property;
5.15. MWEB cannot guarantee that work will be performed without errors, faults and/or causing damages of whatsoever nature to Customer's or any other third party's premises or property;
5.16. in the event of any such damage to Customer's or any other third party's premises, installation area or property, Customer shall indemnify MWEB from any claim arising as a result of such damage and Customer shall not hold MWEB, its contractors and/or agents liable under any circumstances, for any loss, damage, costs or expense whatsoever caused by or arising in any manner whatsoever from any action or omission of MWEB or its contractor and/or agents.
6. DELIVERY AND COLLECTION OF THE EQUIPMENT (IF SELECTED)
6.1 If Customer selected delivery to be made by MWEB in the Application Form, Customer shall upon delivery of the Equipment, bear all risk of loss, theft, damage and/or destruction of the Equipment for the full replacement value thereof. Customer shall make his/her/its own arrangements regarding the insurance of the Equipment;
6.2 If Customer selected to collect the Equipment from MWEB, Customer shall upon the collection of the Equipment from MWEB, bear all risk of loss, theft, damage and/or destruction of the Equipment for the full replacement value thereof. Customer shall make its own arrangements regarding the insurance of the Equipment.
7. USE AND SUPPORT AND WARRANTY OF THE EQUIPMENT
7.1. Customer shall only use the Equipment for the purposes it is intended to be used.
7.2. Customer undertakes to use the Equipment solely for internal purposes and shall not be entitled to directly or indirectly transfer, distribute, re-distribute, sell, re-sell, lease, sub-lease and/or lend the Equipment in any manner whatsoever to any third party without MWEB's prior written consent.
7.3. Where appropriate, third party vendor equipment supplied by MWEB may be covered by the vendor's standard warranties and guarantees. Customer shall not engage in any action which contravenes or voids the vendor's terms of warranty or guarantee. In the event that Customer engages in any action which contravenes or voids the vendor's warranty, Customer shall bear the costs of any repairs, replacements or extended warranties and guarantees.
7.4. MWEB shall subject to the vendor or supplier's terms and conditions in respect of the Equipment provide Customer with a hardware warranty for the Equipment where such vendor or supplier offers a warranty and only to the extent thereof.
7.5. Where the Equipment is still under warranty:
7.5.1. MWEB may in its discretion provide support services on the Equipment either remotely or at the Customer's premises. Customer consents and shall ensure that MWEB may at any time enter the premises where the Equipment is installed to inspect it, provided that MWEB supplies Customer with reasonable prior notification of such inspection.
7.5.2. Customer shall when required, allow MWEB and its agents all reasonable access to its premises for the purposes of the re-installation, re-set-up, re-configuration and maintenance and repair of the Equipment.
7.5.3. If Customer's premises are situated beyond a radius of 100km from MWEB's offices, Customer acknowledges that MWEB reserves the right to charge reasonable fees for travel.
7.5.4. In the event that the Equipment is to be repaired and/or replaced at Customer's premises, MWEB will use its reasonable commercial endeavours to repair and/or replace Customer's Equipment within: (i) 2 (two) business days if Customer's premises are situated within 100km radius from MWEB's offices or (ii) 4 (four) business days if Customer's premises are situated beyond 100km from MWEB's offices.
7.6. In the event that Customer it has allowed any third party not authorized by MWEB to gain access to the Equipment prior to the passing of ownership as envisaged in these Product Terms, Customer's warranty shall be null and void and all support services, repairs and/or maintenance shall be done at a cost to Customer.
7.7. MWEB reserves the right to charge reasonable fees for travel, support, management, repair and/or replacement services fees if the warranty in respect of the Equipment has expired or if any services provided are in respect of services not covered by the warranty or if the warranty has been voided in whole or in part in any way.
8.1. Where applicable, MWEB grants to Customer a non-transferable, personal, non-exclusive sublicense to use any software provided with the Equipment (the "Software"), and shall use such Software solely on and in conjunction with the Equipment on the terms and conditions provided by the vendor to MWEB. Customer shall not copy, translate, modify, adapt, decompile, dissemble or reverse engineer the Software or convert the whole or any part of the Software from object code into source code.
8.2. MWEB will not be responsible for:
8.2.1. Customer's software, applications and/or any component thereof required and used by Customer;
8.2.2. the licensing of Customer's software, application and/or any component thereof required and used by Customer. Without limiting the generality of the General Terms or any of the rights of the relevant software and/or application vendors against Customer, any failure to license such software and/or application correctly may result in the termination and/or suspension of the Agreement and/or any Services, including the Equipment Rental Product Terms and Customer furthermore indemnifies MWEB from any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer's failure to license the software and/or applications correctly and/or at all.