General Terms and Conditions
Using our Website
The use of this website is limited to;
Viewing and purchasing our products and services,
Accessing the client zone,
Support and Contact information
Viewing of Terms, conditions and policies.
Application for services.
None of the information or content on this website may be copied, reproduced, distributed, posted, uploaded, republished, tracked, imbedded or transmitted without written consent from the directors of Link-Up Wireless Pty Ltd.
This Agreement does not transfer from Link-Up Wireless Pty Ltd to you any Link-Up Wireless Pty Ltd or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Link-Up Wireless Pty Ltd.
All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Link-Up Wireless Pty Ltd or Link-Up Wireless Pty Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Link-Up Wireless Pty Ltd or third-party trademarks.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Tracking and Cookie`s
Our website uses Cookie and Tracking information for reporting and to better understand traffic flow over our website. We do not collect personal you information via cookies and Tracking. Cookie and Tracking reports may be shared with third parties.
We may rightfully monitor user any activity on our website, however we are not obligated to do so. We may rightfully act upon activities to protect or enhance our website.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
If you decide to enable, access or use third-party services or links, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Link-Up Wireless Pty Ltd with respect to such other services. Link-Up Wireless Pty Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Link-Up Wireless Pty Ltd to disclose your data as necessary to facilitate the use or enablement of such other service.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Any errors may be reported to email@example.com.
Policies and Procedures
We do not collect personal information unless you share it with us on an enquiry form or when signing up for a new service. This information is not shared with third parties unless the service is provided by a third party.
SSL (Secure Sockets Layer) is the standard we use for ensuring data is encrypted when being sent to a web server from a browser.
We endevour to keep customer personal information safe and secure.
As soon as you make payment for any product or service legal obligations arise. When making payment we consider that you have read and agreed to the terms and conditions on this website as well as product specific terms and conditions where they apply. Do not make any purchase unless you have read and understand our terms and conditions, if you are uncertain about anything contact us before making payment.
Not all services or products are provided directly through our network. Terms and conditions from third party networks may apply, you can request us to send you the terms and conditions of the 3rd party network or upstream provider applicable to to your subscription by sending your request to firstname.lastname@example.org.
We do not give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the services, products or the equipment being supplied using 3rd party networks, upstream providers or suppliers, including but not limited to implied warranties of merchantability, pricing, service levels, refunds, cancellations, privacy, delivery and fitness or suitability for any intended purpose.
All services are provided as best effort and we do not provide up-time guarantees except when specific service level agreements are signed.
We do not guarantee upload or download speeds. We advertise the maximum available speeds based on testing under optimal circumstances using high quality equipment. There are too many factors beyond our control which influences upload and download speeds for us to provide any guarantee.
It is our highest priority to ensure our customers can access services uninterrupted, we en-devour to resolve downtime in a timely manner.
In some circumstances downtime is caused by third parties or upstream provider networks over which we have no control.
All deliveries are outsourced and delivery times cannot be guaranteed. We will provide customers with a tracking number and offer support in tracking a parcel if it hasn't reached it destination within an acceptable time frame.
Refunds Policy and Terms
Refunds request can be sent to email@example.com. Refund request are subject to the terms and conditions of this agreement.
Valid refunds will be processed within 7 business days.
Refunds on cash deposits to our account will carry a minimum levy of R25.00 and up to 15% for administration and bank charges.
In the case of an outright purchase of equipment by the customer, where the customer cancels the order after we have ordered the equipment from our suppliers, we shall be entitled to charge the customer a levy of up to 30% of the purchase value, which will cover handling fees, admin fees, bank charges, courier charges and fees levied by our suppliers to return the equipment. We will not consider any refund on equipment if the equipment has not reached us within 10 days, leaving reasonable time to return the equipment to our suppliers to reach them no later than 14 days after purchase. Equipment must be in its original condition, with its original packaging. Refund will only be processed if and when our Suppliers accepts the return of the equipment and refunds us.
in the case of where services are ordered by the customer, where the customer cancels the order after we have ordered the services from our suppliers, we shall be entitled to charge the customer the full setup and provisioning fee of such services or any additional cost that may be levied by our suppliers, the customer shall be obliged to pay the reasonable costs incurred by us in provisioning and/or setup of the services.
Services will be cancelled immediately on month-to-month subscriptions.
Your request for cancellation should reach us on or before the 25th of the current month.
Cancellation request must be emailed to firstname.lastname@example.org. We will not accept cancellation requests via any other medium.
Should we receive your cancellation via email on or before the 25th your service will remain active until the last day of the month, there will be no additional charges unless expressly discussed with you.
Product specific cancellation terms apply to term contracts and a selection of products.
Should the customer terminate this agreement prior to the expiry of the initial period or term or any renewal period for any reason other than expressly provided for in this agreement, the customer shall remain liable for all amounts owed to us, up until the date of termination and we shall be entitled to levy a cancellation/early settlement fee as provided for in these terms and conditions or the product specific terms and conditions.
OBLIGATIONS ON TERMINATION AND/OR SUSPENSION
The customer is liable for any obligation accrued at the date of termination or suspension of the services, including the payment of any costs or charges that may arise in connection with such termination (including, without limitation, cancellation fees, legal fees, interest and where applicable the cost of removing or recovering equipment) or suspension, and the payment of all outstanding fees for the use of the services prior to said termination or suspension.
The payment obligations of the customer in terms of this agreement are not suspended, stayed, delayed or otherwise affected by any suspension of access to the services where such suspension arises from the customer’s failure to comply with, or violation of, the terms and conditions of this agreement or any law or legal obligation of the customer, or WHETHER OR NOT THE CPE (Customer Premises Equipment) IS OUT OF ORDER, UNDER REPAIR, DAMAGED, STOLEN OR DOES NOT HAVE ELECTRICAL POWER SUPPLY TO IT.
We are entitled to immediately deactivate the service on the date of termination or cancellation and further, have no obligation to the customer after any termination or cancellation of the agreement.
Payment Options and Payment Terms and Conditions
Services / Subscription payments are due in advance via debit order only.
Services will be suspended immediately if payment fails and will only be reconnected once arrears and pro-rata amounts have been paid.
Payment is due in advance on the first day "payment day" of each and every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, we are entitled to track your account and re-present the instruction for payment as soon as sufficient funds are available in your account. Services will not be activated without a signed debit order mandate to this effect.
Pro-rata Services / Subscriptions are paid in advance on invoice or quotation via EFT.
Equipment and hardware are paid for in advance on quotation or invoice via EFT.
Services will not be activated nor will equipment be supplied, unless payment is received in full.
Our Banking details are printed on all invoices and quotations. You can request our banking detail by contacting or office or sending and email to email@example.com.
By accepting these terms and conditions you explicitly give us permission that we may collect any outstanding invoices for equipment or services rendered, which are overdue, as part of/added to, your monthly debit order mandate.
It is expressly recorded and agreed that we shall be entitled, on 30 days’ written notice to the customer, to increase the charges payable by the customer in circumstances of either such increases being specifically provided for in the proposal or the direct costs to us in providing the services (including, without limitation, the charges charged by the upstream network provider(s), 3rd party networks or suppliers in respect of such services) being increased. In such event the increases to the charges shall be commensurate with the increased costs of providing the services. Furthermore, we shall be entitled to vary any savings and/or rates guaranteed or implied to the customer in the event of a
change in network tariffs or the regulatory environment which impacts on the services on the giving of 30 days’ written notice thereof to the customer.
1. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply within 20 (twenty) days, then the Service Provider may immediately terminate this Agreement.
2. If this Agreement is terminated by The Service Provider for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 1, you shall pay to The Service Provider all outstanding charges for access to the Network Services and you will be subject to payment of a reasonable early cancellation charge, determined by The Service Provider.
3. You shall repay to The Service Provider on demand all costs which The Service Provider incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include.
3.1. Costs in connection with tracing you and/or the CPE.
3.2. All legal costs on the attorney client scale.
3.3. Collection commission that may legally be recovered from you by The Service Provider’s attorneys or collection agents on amounts collected.
3.4. The costs incurred in obtaining possession of the CPE as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and.
3.5. The replacement cost of the Apparatus.
4. To the extent that it is appropriate, the provisions of clause 3.2 above apply reciprocally to you, read with the necessary changes.
5. It shall be in the sole discretion of The Service Provider as to whether it elects to levy the replacement cost of the CPE or the charges referred to in clause 3.4 above.
6. Any accumulated Data existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against The Service Provider in respect thereof.
Acceptance of the General Terms and Conditions
I accept and understand that;
These terms and conditions are an agreement between Link-Up Wireless Pty Ltd ("Link-Up Wireless Pty Ltd", "us", "we" or "our", “Service Provider”) and you (“Customer”, "User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of our website and any of our products or services.
These terms and conditions form part of multiple pages within this page and may be subject to additional product specific terms and conditions.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of the Republic of South Africa. The customer`s acceptance hereof, consents to the jurisdiction of the Magistrate’s Courts. We have the right to, at our sole discretion, request proceedings in other jurisdictions.
Disclaimer of warranty
You agree that your use of our Website or Products or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" and “Best Effort” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that our Website, Services or Products will meet your requirements, or that our Website, Services or Products will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our Website, Services or Products or as to the accuracy or reliability of any information obtained through our Website, Services or Products or that defects in our Website, Services or Products will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Website, Services or Products is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained or any transactions entered into. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Link-Up Wireless Pty Ltd, its affiliates, officers, directors, employees, agents, suppliers or licencors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Link-Up Wireless Pty Ltd has been advised as to the possibility of such damages or could have foreseen such damages.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website, Services or products at any time, effective upon posting of an updated version of this Agreement on our Website. When we do we will revise the updated date at the bottom of this page. Continued use of our Website, Services or Products after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using our Website or Services or Products you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Website or Services or Products.
If you have any questions about this Agreement, please contact US on 0869990816 or by sending an email to firstname.lastname@example.org.
This document was last updated on October 29, 2018.