GENERAL TERMS AND CONDITIONS

 

  1. INTRODUCTION
    • Wasp Global Solutions (Pty) Ltd t/a WASP provides access to the Internet and email functionality through a comprehensive offering of connectivity products available in the marketplace, including, but not limited to, fibre and wireless broadband. Various ancillary services come standard with Internet access and email, such as blogs, expert forums, video albums, chat and discussion boards. WASP also offers various other products and services, hosting of websites, fax-mail and
    • These General Terms and Conditions include the Copyright Notice, Privacy Policy and Acceptable Use Policy which are available on our
    • These General Terms and Conditions apply to all products and services offered by WASP.
    • You will be required to agree to these General Terms and Conditions at the outset, and then to the relevant product or service specific terms and conditions when you decide to subscribe to a service or procure a A separate agreement will in each instance be concluded between us.
    • In the event of a discrepancy between these General Terms and Conditions and the product or service specific terms and conditions, the product or service specific terms and conditions will take

 

2.           DEFINITIONS

  • Activation Date means the date on which WASP will give you access to and/or enable you to use a service;
  • Agreement means the General Terms and Conditions as defined in clause 2 together with the relevant product or service specific terms and conditions which are applicable to the services and/or products, including the Application Form provided to you by WASP;
  • Application Form means the document on which you selected your service or product of choice;
  • Authority means the Independent Communications Authority of South Africa (“ICASA”);
  • Business Day means Monday to Friday, but excludes a day which is an official public holiday in the Republic of South Africa;
  • Business Hours means the hours between 08h00 and 17h00 on a Business Day;
  • Effective Date means the date on which you accept the terms and conditions prescribed by us for the provisioning of a service or product, be that in writing or by way of electronic medium, including telephonic acceptance and, in the event of any dispute as to said date of acceptance, the Effective Date shall be the Activation Date;
  • Electronic Communications Act means the Electronic Communications Act, 2005;
  • ECT Act means the Electronic Communications and Transactions Act, 2002;
  • Force Majeure means (including without limitation) in the event of war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract or any other cause beyond the reasonable control of WASP, that may result in a delay or a failure to provide the Service;
  • Intellectual Property Rights means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trademark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978;
  • Marks means any trademarks, logos, brand names, domain names or other marks of WASP;
  • NCA means the National Credit Act, 34 of 2005;
  • Network Coverage means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established;
  • Network Operator means a company that owns an electronic communications network, and which makes such network and the electronic communications services conveyed over such network available to other industry players for commercial purposes (e.g. Telkom);
  • RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002;
  • Services means any service that WASP provides to the subscriber;
  • Subscriber means a user of the service; Subscribe or Subscription has a corresponding meaning;
  • WASP refers to Wasp Global Solutions Pty (Ltd), registration number: 2019/168345/07
  • We, us and our means WASP its affiliates and subsidiaries;
  • Website means waspglobal.co.za;
  • VAT means Value Added Tax as provided for in the Value Added Tax Act, 1991; and
  • You means the subscriber to the

 

3.           CONCLUSION OF THE AGREEMENT

  • You warrant that you have the authority and contractual capacity to enter into this Agreement with
  • When you apply for a service or product with WASP you will provide us with a certified copy of your identity document, proof of residential and/or business address and proof of banking details (confirmation letter from Bank or previous month’s bank statement) In the event of a juristic person, you will provide us with the same information as above for your authorised representative, together with proof of address (certified copy of company letterhead) and a company resolution authorising the application and the company representative’s capacity to enter into the
  • Your application for a service or product may be subject to a credit referencing or risk assessment process. This means that WASP may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the NCA) (“Assessment Information”) from registered credit bureaus in order to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended
  • WASP is entitled to perform a financial means test each time you apply for a service or
  • An agreement for the service or product applied for will commence on the Effective Date. No agreement will come into effect in the event of a negative credit reference or risk
  • In this regard you consent to WASP requesting, receiving and reporting your Assessment Information from and to registered credit bureaus in accordance with the provisions and for the purposes of the NCA; and the sharing of such Information by registered credit bureaus and such other persons as contemplated in the NCA, for the prescribed purposes of the
  • WASP shall not be under any obligation to supply any services to the subscriber until an order in respect of the required services has been agreed by means of signing the order AND clicking an acceptance button, sending of a confirmatory document, and acceptance by WASP including an email or by signing or indicating acceptance by means recognised by the ECTA.
  • You are, in terms of section 44 of the ECT Act, entitled to cancel, without reason and without penalty, an electronic transaction and related credit agreement that was concluded electronically for the supply of:
    • products, within 7 (seven) days after the date of receipt of the goods; and
    • services, within 7 (seven) days after the date of the conclusion of the agreement, subject to the exclusions in section 42 (2) of the ECT Act which include (without limitation), services that began with your consent before the end of the aforementioned 7 (seven) day period, goods which, by their nature, cannot be returned, or computer software which is unsealed by
  • An instalment agreement, which falls within the ambit of the NCA, which was concluded at a location other than the registered business premises of WASP, but not electronically, may be terminated by you within 5 (five) Business Days of the date of signature thereof by you, by:
    • delivering a notice to WASP by hand or by registered mail; and
    • by tendering the return of any goods or paying in full for any services received by you, in terms of the instalment
  • In the event that a credit agreement as contemplated in clause 3.9 was concluded electronically, the 7 (seven) day period under the ECT Act as set out in clause 8 above will apply.
  • In the event that you cancel the contract, you agree to a one-calendar month notice period that is
  • This Agreement will continue indefinitely, and you will be bound thereby for as long as you use any service or product offered by WASP. The Agreement will terminate simultaneously with the termination for any reason of all specific service or product offerings, as provided for in the service and product specific terms and
  • Termination of the contract by the subscriber prior to expiry of the term will entitle WASP to immediately collect the full amount outstanding for the remainder of the contract.
  • After 12, 24 or 36 months on the SLA the equipment will be the property of the client alternatively the equipment can be rented on 12, 18 or 24 months after which the equipment will remain the property of the

 

4.           CONDITIONS OF ACCESS

  • WASP will make the service available to you on the Activation
  • WASP will issue a username and password to you prior to the Activation Date in order to enable you to gain access to and/or use a service. You will not be able to access and/or use a service without a username and
  • You agree that:
    • you will use your username and password for your own personal use only;
    • you will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
    • in the event that your password is compromised, you will immediately notify WASP to change your password;
    • you, in your capacity as the holder of the username and password, are solely responsible for all payments in respect of a service charged to your WASP account, irrespective of whether the service has been utilized or is being utilized by you or not;
    • the entire amount outstanding on your WASP account will be deemed to have arisen from (or relate to) your access to and/or use of a WASP service;
    • you will not, at any time, permit and/or initiate a simultaneous network log-in; and
    • you will not attempt to circumvent WASP’s user authentication processes or engage in attempts to access WASP’s network where not expressly authorized to do
  • You acknowledge that WASP will provide you with an opportunity in respect of all electronic transactions to:
    • review the entire electronic transaction;
    • correct any mistakes; and
    • withdraw from the transaction, before finally placing the
  • The subscriber shall use the services in accordance with WASP’s acceptable use policy, which is available on the website.

5.           SERVICE DELIVERY AND AVAILABILITY

  • WASP will make all its services and products available to you in accordance with the provisions of its Acceptable Use Policy which is available on our Website and on
  • Services or products will be dispatched, delivered or rendered to you within 30 (thirty) days from the date on which we received your application, unless otherwise agreed to between us, failing which you will be entitled to cancel the agreement on 7 (seven) days written notice to
  • WASP will immediately notify you should WASP be unable to perform in terms of the applicable agreement where the services or products required by you are unavailable. WASP will under such circumstances refund any payments to you within 30 (thirty) days of the aforementioned notification of
  • WASP provides its asynchronous services on a “best -effort” basis to its subscribers and offers no service levels of any nature thereto.
  • WASP will use its best endeavours to notify you in advance of any maintenance and repairs which may result in the unavailability of a service but cannot guarantee that it will be able to provide such notification timeously or at all.

 

6.           COMMUNICATION, COMPLAINTS HANDLING AND CONSENT TO ARBITRATION

  • You agree that WASP may, from time to time, send you communications regarding (without being limited to) special offers, or discounts which WASP may negotiate for and offer to its subscribers, operational changes that may affect the services and/or new services or products launched or discontinued by WASP from time to
  • Complaints must be submitted to WASP and will be dealt with by WASP in accordance with the provisions of this clause
  • Any payment default by you, arising from or in connection with, any service or product rendered or provided by WASP, will be excluded from the

provisions of this clause, and WASP may, in our sole discretion, proceed to institute legal action against.

  • You are required to afford us an opportunity to resolve a complaint before you approach the Authority or refer the matter to Arbitration, as contemplated in clause 10 below.
  • You are required to direct a complaint to info@waspglobal.co.za. Your complaint should include the following:
    • your name and surname;
    • your account number;
    • the date on which the complaint arose; and
    • a brief description of what gave rise to the
  • WASP will acknowledge receipt of your complaint within 3 (three) working days of receipt
  • WASP will formally resolve your complaint in writing within 14 (fourteen) working days of receipt thereof, or within such longer period as we may agree to under circumstances where the resolution of the complaint is, for example (but without limitation), in the hands of a supplier or third-party service
  • You may approach the Authority or refer the matter to Arbitration as set out in clause 6.10 below, for resolution of the dispute, should you not be satisfied with the outcome of the dispute as determined by
  • The dispute will be referred to the Complaints and Compliance Committee of the Authority, in terms of section 17 (C) of the ICASA Act, in the event that the dispute is not resolved by the Authority itself as contemplated in clause 8.
  • Subject to clauses 6.2 to 6.9 above, any dispute between the parties shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Such arbitration shall be held in Klerksdorp and conducted in English before an arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
  • The arbitrator shall have the power to give default judgement if any party fails to make submissions on the due date and/or fails to appear at the
  • These provisions shall not prevent either party from approaching the Magistrates or High Court to obtain timely interim or other relief in cases of urgency or breach of this

 

7.           FEES AND PAYMENT

  • Billing will commence on the Activation
  • You agree to pay all amounts due under this Agreement in consideration for a service or product, in accordance with the service or product specific terms under which that service is rendered or that product is offered. Amounts recorded in the service and product specific terms include transport costs and excludes VAT, unless otherwise
  • All amounts due and payable in terms hereof shall be paid free of exchange in South African Rands without deduction or set-off, by way of a direct debit order in favour of WASP (drawn against a current banking account nominated by you), or in such other manner as WASP may from time to time determine. You agree that:
    • by furnishing your bank details to us, you instruct and authorize WASP to draw all amounts payable in terms of this agreement from the account specified (or any other bank or branch to which it may be transferred);
    • that the debit order will commence on the Activation Date and continue until termination of this Agreement and the service or product specific agreement under which a service is rendered, or a product provided;
    • you will sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in this clause 3.
    • in the event that the debit order be returned as unpaid, a penalty fee will be The payment of this penalty fee must be made in addition to all outstanding amounts before the service will be reinstated
  • You are required to direct any complaint or dispute in connection with a payment to us in accordance with the provisions set out in clause 6 above. WASP will reach a decision on the billing complaint and communicate it to you within fourteen (14) business days of receipt of the
  • Should you fail to pay any amount on the due date, notwithstanding receipt of WASP’s decision referred to in clause 7.4, then WASP may, without prejudice to any of its other rights:
    • take all such further steps as may be necessary to recover the outstanding amount from you, including (without limitation) the use of debt collection mechanisms; and if the debt arises from an agreement which is a credit agreement, then in accordance with the collection and repayment practices as prescribed in the NCA;
    • charge interest at the rate of 2% above the prime overdraft rate published by WASP’s bankers from time to time on the overdue amount, calculated from the due date until the date of payment (both dates inclusive), which interest, if charged, will be capitalized monthly;
    • suspend your access to the service without notice to you until such time as the outstanding amount has been paid in full, including the penalty fee for unpaid debit orders as per clause 3.4 above and a reconnection fee; or
    • terminate this agreement with immediate
  • Subject to the terms and conditions of any agreement entered into between WASP and a Network Operator, WASP shall be entitled to amend the fees or charges for its services or products at any time on 30 (thirty) days’ notice to you as provided for in clause 19 below. Subject to the terms and conditions of any agreement entered into between WASP and a Network Operator and subject to the relevant product or service specific terms and conditions which are applicable to the services and/or products provided to you by WASP, you may terminate this agreement within 30 (thirty) days from the date of WASP’s notification to you, should you not agree to the amendment, failing which the amendment will take effect on the date indicated in the
  • WASP will use reasonable endeavours to inform you well advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.

 

8.           RETURN, EXCHANGE AND REFUNDS

  • WASP’s exchange, return and refund policies in respect of products, in particular hardware, provided to you under this Agreement are dealt with in the service and product specific terms and
  • WASP’s policy in respect of exchanges, returns and refunds depends on the type of goods and the policy of the manufacturer or supplier thereof. Where the manufacturer or supplier does not have an exchange, return and refund policy in place, no mention of such policy will be made in the service and product specific terms and
  • Warranties, if any, will ordinarily be included in the hardware
  • WASP will consider requests for other refunds, for example where an account was debited with the wrong amount, on an ad hoc basis in accordance

            with the Billing Complaints Handling Procedure referred to in clause 7.

  • WASP will endeavour to put alternative measures in place where goods or products received by you in terms of this Agreement are defective and are taken in for repairs, subject to the availability of substitute goods or products and/or the terms and conditions of the commercial arrangement between WASP and the supplier or manufacturer of the goods or

 

9.           SECURITY AND PRIVACY

  • WASP will take whatever action WASP may deem necessary and reasonable to preserve the security and reliability of its
  • You may not utilize any service in any manner which may compromise the security of WASP’s network, or any other network connected to WASP’s

network, or tamper with a service or such a network in any manner whatsoever.

  • WASP takes reasonable steps to secure your payment WASP uses a payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
  • WASP will deal with your personal information in accordance with the provisions of our Privacy Policy which is available on our

 

10.        INTERCEPTION OF COMMUNICATIONS

You acknowledge that WASP and/or a third-party Network Operator (as the case may be) may under the circumstances as prescribed in RICA, be required to intercept, lock, filter, read, delete, disclose and use communications sent or posted via WASP’s or the Network Operator’s network and you hereby consent to the undertaking of such activities by WASP and/or a third-party Network Operator. WASP and/or a third-party Network Operator shall not be liable to you for any losses, liabilities, damages and claims and for any related costs and expenses suffered by you as a result of WASP and/or a third-party Network Operator performing any activity referred to in this clause.

 

11.        INTELLECTUAL PROPERTY RIGHTS

  • You agree to comply with all laws applicable to any Intellectual Property Rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of any of our services and/products.
  • You are prohibited from using any of WASP’s Marks without the prior written approval of
  • Other than as specifically provided in the product or service specific terms and conditions, WASP will wholly and exclusively retain all existing Intellectual Property Rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by WASP, its network infrastructure, e- commerce network infrastructure, business and the provision of any of the services in terms of the product or service specific terms and conditions.

 

12.        BREACH

  • Should you be in breach of any provision of this Agreement, other than the provisions of clause 11 above, or any provision of the service and product specific terms and conditions, then WASP shall be entitled, without prejudice to any other rights that it may have and without notice to you, to forthwith:
  • afford you a reasonable opportunity to remedy the breach;
  • suspend your access to a service; but in the case of a billing dispute only once the outcome of the investigation was conveyed to you as provided for in clause 4;
  • cancel all agreements concluded between us; or
  • claim immediate performance and/or payment of all your obligations in terms

 

13.        INDEMNITY

  • You hereby unconditionally and irrevocably indemnify WASP and agree to hold WASP harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by WASP or instituted against WASP as a result of (without limitation):
    • your use of the service;
    • any act of force majeure;
    • your refusal to install a UPS to protect equipment from electricity surges and lightning strikes;
    • your failure to comply with these General Terms and Conditions and a provision of any Agreements concluded between us;
    • any unavailability of, or interruption in the service, as contemplated in clause 5

 

14.        LIMITATION OF LIABILITY

To the extent permitted by applicable law, howsoever arising neither party shall be liable to the  other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether resulting from negligence, breach or any other cause. To the extent that a competent court or tribunal finally determines, notwithstanding the limitation contained in this clause, that  WASP is liable to you for any damages, WASP’s liability to you for any damages howsoever arising shall be limited to the amounts paid by you under this Agreement in consideration for a service or product as contemplated in clause 8.2 during the immediately preceding 12 (twelve) month period in respect of the service or product which gave rise to the liability in question.

 

15.        CERTIFICATE OF INDEBTEDNESS

  • The amount due and payable by you to WASP in terms of any agreement between us at any time, shall be determined and proved by a certificate signed by one of WASP’s directors, whose appointment, qualification and authority need not be
  • Such certificate shall be deemed to be a liquid document for the purpose of obtaining summary judgment, provisional sentence and/or any other judgment against you, unless you have reason to direct a dispute in connection with a payment to us in accordance with the Billing Complaints Handling Procedure as contemplated in clause

 

16.        CESSION AND DELEGATION

You may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of this Agreement without the prior written approval of WASP. WASP shall be entitled to sell, cede, assign, delegate, alienate, dispose or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without your consent and without notice to you. “Affiliates” for this purpose includes WASP’s holding company, the holding company(ies) of WASP’s holding company (collectively “its holding companies”), its subsidiaries, subsidiaries of its holding companies and any other companies which are directly or indirectly controlled by WASP or are under common control with WASP.

 

17.        JURISDICTION

Notwithstanding clause 6.10 above, you hereby consent to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by WASP arising out of this Agreement, provided that WASP shall be entitled, in its sole discretion, to institute such proceedings in the High Court of South Africa and, in such event, you consent to the jurisdiction of such court and agree that costs shall be calculated in accordance with the tariff of such court. The jurisdiction of the Small Claims Court is specifically excluded, as the parties agreed to follow the arbitration process set out in clause 6.10 above.

 

18.        AMENDMENT OF THIS AGREEMENT

WASP reserves the right to amend this agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.

 

19.        GENERAL

  • The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No variation or addition of this Agreement or the Application Form will be binding on any of the parties unless recorded in writing and signed by both
  • WASP is, in terms of section 43 of the ECT Act, required to make its contact details, its domicilium citandi et executandi and certain other information available to its Subscribers who enter into electronic transactions with This information is available on our website: www.waspglobal.co.za
  • You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail.
  • No indulgence, leniency or extension of time which WASP may grant or show to you shall in any way prejudice WASP or preclude WASP from exercising any of its rights in the
  • You warrant that as at the date of signature of the application form, all the details furnished by you to WASP are true and correct and that you will notify WASP in the event of any change to such
  • All our terms and conditions can be accessed, stored, and reproduced
  • The physical address where WASP will receive legal service of documents/domicilium citandi et executandi is the following: 32 May Avenue, Klerksdorp.