STANDARD TERMS AND CONDITIONS

By using Compuserve’s services, you agree that you have read, understood and are bound by:
Compuserve’s Standard Terms and Conditions.
Your use of the Internet Services indicates your acceptance of the terms and conditions which constitutes a valid and binding agreement between yourself (herein refer to as the Customer) and Compuserve.

1. INTERPRETATION & DEFINITIONS

1.1 Interpretation
1.1.1 This agreement shall be interpreted and governed in accordance with the laws of the Republic of Namibia
1.1.2 Words and expression defined in this clause shall bear the meanings assigned.
1.1.3 to them herein and expressions shall bear corresponding meanings.
1.2 Definitions
1.2.1 Activation Period means the period between the Effective date and the date when services will be activated.
1.2.2 Critical Maintenance means any maintenance in which Compuserve is unable to forewarn the Customer.
1.2.3 Business Day means any day other than a Saturday, Sunday or any official recognized public holiday in the Republic of Namibia.
1.2.4 Effective Date means the date on which the agreement is signed.
1.2.5 Emergency Maintenance means any planned maintenance, whereby Compuserve will inform the Customer in advance.
1.2.6 Service Agreement means this agreement which incorporates these terms and conditions.
1.2.7 Service Period means the fixed period during which Compuserve shall provide services to the Customer.

2. DURATION AND EARLY TERMNINATION

2.1 Compuserve shall provide the service to the Customer for the service period.
2.2 The parties agree that the service period is a fixed period and the equipment will remain the property of Compuserve should the Customer terminate the service within the 24-month period. Equipment will remain the Customer’s property after the 24-month period.
2.3 No Additional fees will be charge if Customer wishes to upgrade any of the service options.
2.4 Compuserve will have an 80% Buy Out option should the Terms and Conditions not be honoured. Both parties will be able to negotiate possible solution after which Compuserve make the final decision.
2.5 Either Party may cancel this Agreement upon giving written notice and valid reason, if any Party is in default of this Agreement and fails to correct such default within 30 days after receipt of written notice thereof.

3. PRICE AND PAYMENT

3.1 Compuserve will issue monthly invoices, in advance.
3.2 The product and price details section form in integral part of this service agreement. Various payment options are available to the Customer and payment will be expected as per the selection made on the service agreement under the section payment details.
3.3 Payments must be received in advance within 7 (seven) days of invoice date unless payment is deducted by debit order. Any cancellation of such debit order should be communicated to Compuserve, in writing failing which shall constitute a breach of this agreement.
3.4 All installation fees are VAT inclusive. Residential Customers for Internet Services are entitled to zero rated VAT.
3.5 The Customer is under no circumstances entitled to withhold the payment of whole or any part of a disputed invoice.

4 CUSTOMER OBLIGATION

4.1 The Customer shall:
4.1.1 Grant Compuserve and/or service providers, access to its premises, equipment, network and infrastructure.
4.1.2 Notify Compuserve of any site re-location requirement by providing Compuserve with a minimum 30 (thirty) days’ notice of such requirement.

5 UNCAPPED BROADBAND

5.1 Compuserve will apply specific usage policies on individuals’ products.

6 NETWORK SECURITY

6.1 The network security is entirely the responsibility of the Customer, unless otherwise required.

7 SERVICE LEVEL AGREEMENT

7.1 It is expressly agreed that this agreement excludes any third-party products and services delivery.
7.2 Compuserve will monitor the service and restore any services that are interrupted.
7.3 Compuserve warrants the Customer the following service:
7.3.1 If the service performance is below the contractual level, the Customer should contact the office of Compuserve to report the matter.
7.3.2 Compuserve will provide maintenance in respect of routers, modems and other equipment used to provide the service, to enable Compuserve to satisfy its obligations in terms of this agreement. Cost of repairs, replacements or upgrades of Customers own equipment will be for the customer’s account.

8 WARRANTY AND INDEMNITY

8.1 Compuserve hereby warrants and represents in favour of the Customer that:
8.1.1 it has all the required power and authority to enter into this service agreement;
8.1.2 the execution of this agreement will bind it in accordance with its terms and that the performance of its obligations hereunder will not result in breach of any applicable law or any third-party rights.
8.1.3 Compuserve herewith unconditionally and irrevocable indemnifies the Customer against any loss, damage or costs resulting from a breach of any of the warranties as stated herein

9 GENERAL

9.1 The parties choose their respective domicilium citandi et executandi, which will be the address stipulated as their respective contact details.
9.2 The parties record that this agreement constitutes the full agreement between them. Any addition hereto or consensual cancellation thereof shall not be binding on any of the parties unless recorded in writing under their respective signatures.
9.3 The Customer shall not be entitled to cede, assign or delegate or in any manner transfer any of its rights or obligations under this agreement without the prior written consent of Compuserve.
9.4 Any notification in terms of this service agreement may be conveyed to the other party by way of e-mail or notice send by prepaid registered post or hand delivery.
9.5 All terms and condition in the agreement or on the website of Compuserve apply with regards to the services of Compuserve.
9.6 The signatories to this agreement further warrant that they are duly authorised to sign this agreement and bind the parties to the terms and conditions contained herein