INTRODUCTION Dimension 5 (Dimension 5 Internet Solutions), provides its CUSTOMERS a high-speed wireless Internet connection, which we refer to as the āSERVICEā. The Acceptable Use Policies (AUP) are intended to provide protection for our CUSTOMERS and the Internet community, while also allowing Dimension 5 to fairly share its network to all CUSTOMERS. Dimension 5 may modify the TERMS AND CONDITIONS of this agreement at any time. The prices for SERVICE are subject to change. CUSTOMER refers to any paying, contracted (under a SERVICE AGREEMENT) individual, organization or business using the Dimension 5 SERVICE.
USE OF SERVICE AT YOUR OWN RISK
The CUSTOMER is solely responsible for the content of communications on the Internet. The SERVICE provided by Dimension 5 is āas isā and at your own risk. Dimension 5 denies any responsibility for the accuracy of information obtained through the SERVICE. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. Dimension 5 is not responsible or liable for any errors, delays, or interruptions. The CUSTOMER understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
SERVICE DISRUPTION
Dimension 5 does not guarantee uninterrupted SERVICE. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big man (GOD), Dimension 5 equipment malfunction or any natural disaster (including weather). All Internet service is provided on an “as is” and “as available” basis. Dimension 5 does not guarantee any loss of SERVICE time, transmission errors, connectivity or quality of SERVICE. The CUSTOMER acknowledges and agrees that the SERVICE is not intended to be, and will not be used as, your primary or ālife-lineā telecommunications service.
INSTALLATION
The CUSTOMER authorizes Dimension 5 or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet SERVICE on the premises specified by the CUSTOMER at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the CUSTOMERS premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the CUSTOMERS premises may require addition costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). Dimension 5 and its contractor(s) will not be liable for any alterations to CUSTOMERS premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.
NON-RECOMMENDED CONFIGURATION
CUSTOMER agrees that (i) CUSTOMER will not be entitled to CUSTOMER support relating to any issues other than the quality of the signal delivered to CUSTOMERS antenna and wall jack, and (ii) the following limitations of liability shall apply: DIMENSION 5 DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR FAILURE TO CUSTOMER EQUIPMENT OR CUSTOMER’S INABILITY TO ACCESS OR USE THE SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in the remainder of this Agreement.
RELOCATING EQUIPMENT CUSTOMERS
shall not relocate the Dimension 5 equipment as this may affect CUSTOMERS ability to receive service. If CUSTOMER decides to move locations, CUSTOMER will contact Dimension 5 for additional information concerning the procedures for transferring the Dimension 5 equipment and service to CUSTOMERS new location. If the service is not available to CUSTOMER at their new location, then the Agreement shall terminate and CUSTOMER shall comply with the termination provisions of this Agreement. If the service is available at the new location, upon request by CUSTOMER and approval by Dimension 5, Dimension 5 may relocate the Dimension 5 equipment to CUSTOMERS new location at a time agreed to with CUSTOMER. CUSTOMER acknowledges that CUSTOMER will be billed for the removal and reinstallation of the WISP equipment at Dimension 5 ‘s then current hourly rates plus materials. In all cases, CUSTOMER shall notify Dimension 5 as provided herein.
REPLACEMENT OR REPAIR OF WISP EQUIPMENT
CUSTOMER shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered, or assigned Dimension 5 equipment or part thereof, together with any incidental costs incurred by Dimension 5 relating to the replacement, repair, or installation of the Dimension 5 equipment.
EQUIPMENT
Equipment is not covered for any Surge and/or Lightning damages. The CUSTOMER must therefor arrange their own insurance cover for any wireless equipment installed by Dimension 5. Dimension 5 has no liability whatsoever for any damage, loss, or destruction of Customer Equipment, including loss or destruction of any software, files, or data. This includes harm resultant from any computer upgrades. Customer must perform for service eligibility, including the installation of an Ethernet Network Interface Card.
OBSTRUCTIONS
Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). Dimension 5 will make every reasonable effort to provide our CUSTOMER with the best SERVICE possible. Unfortunately, some locations could experience changes in SERVICE due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. Dimension 5 will make every reasonable effort to relocate or realign the SU. However Dimension 5 cannot prevent Line of Sight problems, and therefore cannot guarantee SERVICE or be liable for any loss of SERVICE.
PAYMENT POLICY
Dimension 5 will invoice its CUSTOMERS monthly by email only, with the exception of the first invoice which will be prorated for the remainder of the existing month and will include equipment and set up fee, and is due at the time of installation. The invoice balance may be paid with cash or EFT (Electronic Funds Transfer) to Dimension 5 Internet Solutions only. The payment is due on the first day of the month. Any account not paid by the 7th day of the month will have their service interrupted. A R150 Connection Fee will be charged to re-enable service. AFTER 60 DAYS LATE THE SERVICE WILL BE CANCELED. The balance due, plus a R80 administration fee, must be paid in full to reactivate account. A deposit or full payment may be required.
BILLING ERRORS
Subject to applicable law, Customer must notify Dimension 5 of any billing errors or other requests for credit within 60 days of the related billing. Dimension 5 will not be responsible for disputes in billing not brought within this time.
UNACCEPTABLE USE
Dimension 5 may, at its discretion, immediately terminate or reduce SERVICE to the CUSTOMER upon any single or multiple incidents of the following conditions: A. Failure to pay SERVICE fees in a timely manner; B. Interfering with the disrupting of Internet SERVICE to other CUSTOMERS and/or their equipment on the Dimension 5 wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as “spamming”, (see also AUP); F. Any violation of local, government or international law or that of any Sovereign Nation, as well as Dimension 5′ AUP.
EXCESSIVE BANDWIDTH CONSUMERS
CUSTOMER activities that consume unusually large amounts of bandwidth including, but are not limited to, multiple computers on the same connection, programs or servers which provide SERVICES to others via the CUSTOMERS SERVICE and some types of gaming software. When excessive consumption of bandwidth by a CUSTOMER prevents all CUSTOMERS fair access to the Dimension 5 wireless network, we reserve the right to take necessary steps to correct this problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing SERVICE without prior notice.
SERVICE SHARING
If at any time Dimension 5 discovers that the CUSTOMER is sharing their SERVICE or has networked to others outside of the premises, without the express written consent of Dimension 5, SERVICE will be immediately terminated to the CUSTOMER with no refunds of any kind.
INDEMNIFICATION CUSTOMER
agrees to indemnify and hold harmless Dimension 5, it’s owner(s), partner(s), staff and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of SERVICE, equipment, materials or supplies in connection with the performance of this agreement, to any and all CUSTOMERS and/or any other person, firm, organization or corporation.
CUSTOMER EQUIPMENT
Dimension 5 is not responsible for maintaining or supporting any equipment owned by the CUSTOMER, and is not liable for any damages to the CUSTOMER’s SU/ CPU, computer(s) or other equipment. For security reasons, customers may have limited log in availability to their SU or CPU while on the Dimension 5 network.
SPAMMING
Spamming is the sending of unsolicited e-mails (see also Dimension 5 AUP). Dimension 5 will not tolerate any type of spamming. The SERVICE of the spamming CUSTOMERS will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of SERVICE due to spamming. DIMENSION 5 BLOCKS OUTBOUND EMAIL ON SMTP PORT 25.
CANCELLATION A CUSTOMER
wishing to cancel SERVICE must submit a written 30 day notice, with an original ink signature, requesting the SERVICE to be discontinued. All CUSTOMERS are bound by a signed written SERVICE AGREEMENT. However, a CUSTOMER wishing to cancel SERVICE must submit a request in writing. If the CUSTOMER cancels SERVICE within the initial month of SERVICE they are subject to a R250 termination fee, and Dimension 5 will not refund any “set-up” or “installation” fees after the first 30 days. If any monthly fees are paid in advance, any refunds will be on a pro-rata basis (i.e. any discounted rates or SERVICE referral credits shall be forfeited on early cancellations). The CUSTOMER will also be held responsible for any bank fees or costs that may incur. The CUSTOMER will continue to be liable under these TERMS AND CONDITIONS as well as the SERVICE AGREEMENT for all fees and charges until such time as the SERVICE AGREEMENT has been properly terminated or we have acknowledged such termination in writing.
REFERRALCREDIT
Refer your neighbours and you’ll receive SERVICE credit on your SERVICE plan, when they sign a 12-month commitment to Dimension 5 and remain a CUSTOMER in good standing for 2 months . Only one credit given per referred new CUSTOMER. Limited to not more than 8 credits per CUSTOMER, will be given (Jan 1 to Dec 31). The name of the Referral must be given at or before the time of installation of the referred new CUSTOMER. A credit is valued at R50.