PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, any use or Privacy Policies, and any other information contained on MWEB's legal notices page, which will all always apply to your use of this product or service.
Applicable to new Customers signing up from 7 October 2016.
- Please note that your use of the Service is governed by the terms and conditions set out herein, together with our General Terms and Conditions. Before using the Service in any way whatsoever, you must read and ensure your understanding of and unconditional agreement to all of the terms. Use of the Service implies your acceptance without modification of all of the terms and will constitute a legal agreement between you and MWEB. If you do not agree to all of the terms, you may not use the Service.
- MWEB reserves the right to update or revise the terms from time to time on notice to you. The updated or revised version of the terms will be displayed on this Website together with the date on which it will become effective. Please check the terms periodically for changes. Your continued use of the Service following the posting of any changes to the terms constitutes your acceptance of those changes.
- Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
- To the extent that there is any contradiction between the General Terms and Conditions and these terms the following order of precedence shall apply: (i) these terms; and (ii) the General Terms and Conditions.
In these terms unless the context clearly shows a contrary intention:
- "Fee" means the annual license fee for the Software and the Service, as selected by you and as indicated in your Application Form, which annual license fee is due annually in advance. The Fee will depend on the Service and Software license product you elect to purchase and qualify for;
- "Office 365" means the Microsoft Office 365 Software;
- "Service" means the provisioning of the Software by us to you;
- "Software" means the Office 365 products as selected by you;
- "Website" means https://www.mweb.co.za.
. Requirements for the use of the Software
To qualify for the MWEB ADSL Special Offer:
- You are required to be a MWEB ADSL Subscriber.
- Your subscription fees have to be paid up to date.
- You are required to have the minimum requirements as defined by Microsoft for their Office 365 suite in place. Such requirements are found on the Microsoft website which is located at http://www.microsoft.com/en-za/default.aspx
- You are required to download the Software via a link sent to you by MWEB.
- You are required to install the Software correctly.
. Provision of the Service
- As part of our Service we will make the license key available to you. The Software will be activated once you have inserted the license key during the Software installation.
- The Software and the Service are provided on an annual license. This means that you will have access to the Software and the Service for a period of one year, after which time you may elect to renew the Software license and the Service annually. You will receive automatic updates on a regular basis, subject to the condition that you maintain an active Internet connection.
- If your Software license has been deactivated for whatever reason or expires you will no longer receive updates.
. Terms and Conditions of Use
Your use of the Software and the Service are subject to the following terms and conditions:
- The Software may only be downloaded on your supported devices as per the product description in respect of the Software and Service selected by you.
- The download of the Software may cause other utilities to be automatically removed or disabled and you will assume the risk for all damages, losses and expenses associated with the removal of such other utilities.
- The Software may not be distributed, copied, modified or altered in any way.
- You may not reverse engineer, decompile, or disassemble the Software or any part thereof.
- You may not permit any third party to benefit from the use or functionality of the Software, via timesharing, service bureau or any other arrangement.
- You may not remove any copyright or other proprietary notices contained thereon.
- MWEB reserves the right to revoke the authorisation to download or to receive updates at any time, and any use shall be discontinued immediately upon written notice from MWEB.
- The rights granted to you herein constitute a non-exclusive, non-transferable licence and not a transfer of title.
- You will be required to accept and agree to Microsoft's Office 365 standard terms and conditions when downloading and installing the Software. As part of the process of accepting Microsoft’s Office 365 standard terms and conditions you may be required to go through a registration process, which we do not recommend but which may be required for the utilisation of the Service; wherein you will need to disclose personal information which Microsoft may distribute to other third parties. MWEB has no control over this process and accordingly cannot be held liable should you suffer any damage as a result of such registration process and Microsoft’s Office 365 standard terms and conditions.
. Fees and Payment
- The Fee is due on an annual basis in advance but you may elect, when you apply for the Software license and this Service, to make use of the payment arrangement/s we may offer from time to time, whereby, for example, you may pay the annual Fee off on a monthly basis over a period of 12 (twelve) months. If such payment arrangement is not agreed to between us at the time of your application, the full Fee due must be paid annually in advance.
- Please note that the Software and the Service are not offered on a fixed term agreement as the full annual license Fee is due when the annual Software license is purchased. Where we agree to a payment arrangement over a longer period, for example over 12 (twelve) months, it is only to assist you and enable you to pay the annual license Fee over a period of time and you will be liable to pay all the instalments in full.
- We will charge the Fee to your MWEB account, as from the date of acceptance of the terms or Activation Date whichever is the sooner. We will be allowed to debit the full Fee as from the date the Fee is charged if you do not elect to make use of our payment arrangement/s. Unless otherwise indicated in these Office 365 Terms, payment, whether in terms of a payment arrangement or otherwise, will be effected as per clause 8 of the General Terms and Conditions.
- You can download the Software once the license key which we will provide to you is used by you to activate the Software on your Microsoft Live account.
- You will effect payment of all Fees due to us as contemplated herein.
- If you are an existing MWEB ADSL Subscriber when you apply for the Software license and this Service you will receive a discounted Fee.
. Termination and Cancellation
- Subject to applicable law MWEB reserves the right to modify, suspend, or discontinue the whole or any part of the Software and Service due to non-payment by you without notice to you, whereupon your access to and use of the Software and the Service shall automatically terminate.
- In the event of a termination for whatever reason you will have the option to purchase a Software license directly from an Office 365 supplier, such license and contractual relationship to lie between you and such supplier directly.
- The Software license and the Service terminate at the end of the 1 (one) year period after the license key is installed and the Software activated. You may elect to renew the licence for another year.
. Disclaimer for Download
- The Software is provided "as is", without warranty of any kind, either expressed or implied, including but not limited, to merchantability or fitness for a particular purpose or non-infringement, compatibility and security.
- The downloading and use of the Software is done entirely at your own discretion and risk. You assume full responsibility for any damage to your devices or loss of data resulting from the downloading or installation of the Software. No advice or information, either written or oral, from MWEB to you will constitute any warranty of any nature.
- In no event shall MWEB or its suppliers be liable to you or any third party for any damages whatsoever relating to your downloading, installing or use of the Software and Service, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising out of loss of data or profits whether we were expressly advised of the possibility of such loss or damage.
Without limiting the foregoing, we will not be liable for:
- any malfunction, or other failure of the Software, for whatever reason;
- any loss or damage with regard to data or other data directly or indirectly caused by computer viruses or destructive code on the Software or on our supplier systems or negligence on our part; and
- any event over which we have no direct control.
- We licensed the Software from the proprietor of the Software, through an authorised reseller.
- MWEB does not warrant that the Software will be error free or free from interruption or failure.
- You hereby acknowledge that the Software may not be or become available due to any number of factors including without limitation periodic system maintenance, scheduled or unscheduled, acts of God, technical failure of the Software, telecommunications infrastructure, the Internet, or disruption. Therefore MWEB expressly disclaims any express or implied warranty regarding system and/or Software availability, accessibility, or performance.
- Under no circumstances and under no legal claim, whether in tort, contract or otherwise, shall MWEB, or its suppliers, licensors, distributors, partners, successors or assigns, be liable to you or any other person for any indirect, incidental, consequential or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of goodwill; work stoppage; hardware or Software failure, or other pecuniary loss) arising out of the use or inability to use the Software, even if such party has been advised of the possibility of such damages.
- In no event will MWEB’s total liability to you for all damages in any one or more cause of action, whether in contract, delict or otherwise exceed the Fee paid by you for the Service.
- The provision in 8.9 shall be enforceable to the maximum extent permitted by applicable law.