WEB PRODUCTS

PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions and MWEB ADSL and Dial-Up Service Terms which will always apply to your use of this product or service.

HARDWARE PURCHASE WITH ADSL TERMS AND CONDITIONS

1. Interpretation

1.1 In these terms, unless the context clearly shows a contrary intention:

1.1.1 "Designated Area" means those geographical areas in South Africa which the Supplier indicates from time to time as areas which they will reasonably be able to deliver Units to within 7 (seven) days from Activation Date;
1.1.2 "MWEB ADSL Service" means the ADSL connectivity product selected by you on the Application Form;
1.1.3 "Purchase Price" means the purchase price of the Unit being the upfront Pre-Payment Fee plus the total sum of the 24 (twenty four) monthly instalments, as indicated on the Application Form;
1.1.4 "Supplier" means the Supplier or retailer supplying the Unit to you on behalf of MWEB;
1.1.5 "Unit" means the personal computer or notebook or netbook or tablet selected under the Hardware Deal by you on the Application Form and shall include any software and programmes included in the specifications and indicated on the Application Form;
1.1.6 "Warranty" means the manufacturer's warranty which accompanies each Unit.

2. Introduction and Duration

2.1 MWEB sells and you purchase the Unit subject to these terms and conditions.
2.2 The Unit is sold to you as part of a bundled deal, in which you also subscribe to the MWEB ADSL Service. You are therefore also bound by our DSL and Dial-Up Service Terms, in addition to our General Terms and Conditions. If there is inconsistency between any of the terms forming part of this Agreement, these Hardware Purchase terms will take precedence.
2.3 This Agreement will commence on the Activation Date of the MWEB ADSL Service and will continue for an uninterrupted period of 24 (twenty four) months from the Delivery Date of the Unit.

3. Suspensive Condition for the conclusion of the Agreement and exclusions.

3.1 As a condition for the conclusion of this Agreement and as part of our credit vetting process an upfront pre-payment fee of R200.00 (two hundred Rand) (inclusive of VAT) ("Pre-Payment Fee") will be payable by you by way of a debit to be made by MWEB directly to your bank account as soon as reasonably possible after receipt of your Application. You must ensure that the funds are available on your account from date of submitting the Application.
3.2 Once the Agreement is approved the Pre-Payment Fee will be allocated towards reducing the Purchase Price. If the Agreement is not approved by MWEB any Pre-Payment Fee debited to your account will be refunded directly to such account.
3.3 This bundled deal is only available to new MWEB subscribers and is not transferrable to third parties. Upgrades will only be allowed on the MWEB ADSL Service and not the Unit purchase. No downgrades will be allowed.

4. Payment Terms

4.1 Billing for the Unit will commence immediately and unless otherwise indicated in these Hardware Purchase with ADSL Terms And Conditions, payment will be effected as per clause 8 of the General Terms and Conditions, whether the Unit has been delivered or must still be delivered.
4.2 Apart from the monthly MWEB ADSL Service Fee, you are required to make payment to us of the Purchase Price by way of the upfront Pre-Payment Fee plus the 24 (twenty four) monthly instalments for the Unit.

5. Termination

5.1 You are entitled to terminate this fixed term agreement as set out in our General Terms and Conditions.
5.2 Termination of either the MWEB ADSL Service or the Hardware purchase, or both, shall constitute termination of this Agreement as a whole.
5.3 In the event of termination you shall remain liable for the outstanding portion of the Unit Purchase Price which amount will immediately become payable upon notification by either party of such termination.

6. Risk and ownership

6.1 Possession and use of the Unit is transferred to you upon delivery of the Unit, from which time the risk in and to the Unit will vest with you.
6.2 Ownership of the Unit will only pass to you once you have settled the Purchase Price in full.

7. MWEB’s obligations:

7.1 We will after receipt of the signed Agreement with the Application Form and the Pre-Payment Fee and upon approval by MWEB of the Agreement:

7.1.1 allocate a user name, email address and password to you in order to access and use the MWEB ADSL Service from the Activation Date; and
7.1.2 submit an order to the Supplier to deliver the Unit to you.

7.2 You will be informed telephonically of proposed delivery dates and times.
7.3 The Supplier or its duly appointed and authorized courier service, will use reasonable commercial endeavors to deliver the Unit to you at your chosen delivery address in the Application Form within 7 (seven) days of the Activation Date. Delivery will take place during Business Hours. If the Unit is a personal computer, netbook or notebook, and you live within a Designated Area, the Supplier will assist you to set-up the Unit, provided that you grant reasonable access and sufficient time for the Supplier to do so.
7.4 If you live outside the Designated Areas, the Unit may be delivered to you by a courier company and delivery will take place within a reasonable period after the Activation Date which may be longer than 7 days. Under such circumstances, you may be required to contact the Supplier Call Centre to assist you with the set-up of your Unit.

8. Warranty in respect of the Unit

8.1 The Warranty is valid for a period of 12 (twelve) months commencing from the Delivery Date provided that you activate the Warranty with the Supplier or manufacturer if required. The Warranty covers only the hardware components of your Unit. Accordingly, only defective hardware components will be replaced or repaired in terms of the Warranty.
8.2 You are required to familiarise yourself with the Warranty provisions of any instructions which will accompany the Unit and to comply with the instructions and Warranty provisions including the use and maintenance of your Unit. Failure to comply with such provisions may invalidate the Warranty.
8.3 The Unit is supplied by the Supplier and not by MWEB and as such the Warranty expressly referred to herein is not supplied by MWEB but by the Supplier or manufacturer as per the Warranty accompanying the Unit. Otherwise than provided for in law MWEB is not liable for any defects or repairs or returns in respect of the Unit or any part thereof or liable for any claims in respect to the Unit and all queries or claims relating to the Warranty or the Unit (including defects, repairs and refunds) should be directed directly to the Supplier or manufacturer as indicated on the Warranty or the licensor of any software indicated in the end user license agreements.

9. Your obligations

9.1 You are required to acknowledge receipt of the Unit by affixing your signature to the delivery note which will be presented to you.
9.2 You must examine the Unit upon delivery and make sure that the Unit corresponds in all material respects with the Unit selected by you on the Application Form and that it is in a good and satisfactory condition. Signature by you of the delivery note will be an indication that you had the opportunity to examine the Unit and that it corresponds with the Unit selected and that it is in a good and satisfactory condition. If it is not the case you should not sign the delivery note.
9.3 You will also be required to have your original Identity Document ("ID") available and to present it to the Supplier or courier to verify your identity by comparing your ID with your profile and the information supplied to us for that purpose.
9.4 You hereby consent that we may provide your necessary personal information to the courier and Supplier for purposes of delivery and verification and furthermore to the Supplier for purposes of this Agreement and to enable the Supplier to meet its obligations and to provide support to you.
9.5 You are required to keep the Unit in your possession or under your control at all times and you must maintain the Unit in good working condition at your expense. In this regard, you are required to comply with all obligations which form part of the Warranty.
9.6 If the Unit is not kept at the Address of Delivery, then you are required to inform us where it is kept.
9.7 You may not give the Unit to another person or sell, let, loan, pledge or transfer the Unit to another person without our prior written consent and you may not allow the Unit to become subject of an attachment or any legal claim by a third party.

10. Licensing, software and support

10.1 You must review and agree to the applicable end user license agreements of all the software accompanying the Unit before using the software or documentation and may only use it in accordance with those end user license agreements.
10.2 The Supplier, and not MWEB, will provide you with technical support regarding the Unit.
10.3 You will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed on or accompanying the Unit, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature.