ITEC COMMUNICATIONS MASTER SERVICES TERMS AND CONDITIONS
Version 3.4 – Date: 2019/09/05        [Download a copy for archiving purposes only in zip format]
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These are the Itec Communications master Terms and Conditions and shall apply to all Service Orders entered into between Itec Communications and the Customer for the Equipment and/or Services as if specifically set out therein. The conclusion of further Service Orders shall create separate agreements relating to the Equipment and/or Services described therein. Should any Service Orders be terminated by any cause whatsoever and howsoever arising, it will not affect the validity of any other existing Service Order. Both Parties will continue to fulfil their obligations in respect thereof and the terms of these Terms and Conditions will remain in force in respect of such Service Order.

These Terms and Conditions, including the Schedules hereto, will be read with the Service Order.

In the event of a conflict between the provisions of these Terms and Conditions, the provisions of any Schedule and/or the provisions of any Service Order, these Terms and Conditions shall prevail.

1. INTERPRETATION
In these Terms and Conditions –
1.1 clause headings are for convenience purposes only and shall not be used in its interpretation;
1.2 unless the context clearly indicates a contrary intention –
1.2.1 an expression which denotes any gender includes the other genders, a natural person includes a juristic person and vice versa and the singular includes the plural and vice versa;
1.2.2 where any term is defined within a clause, other than the interpretation clause, that term shall bear the meaning ascribed to it in that clause wherever it is used in these Terms and Conditions;
1.2.3 the following expressions shall bear the following meanings and related expressions shall bear corresponding meanings (all other undefined words, expressions and phrases will have the generally understood meaning in the ICT industry) –
1.2.3.1 “AUP” means Acceptable Use Policy described in clause 8;
1.2.3.2 “ADSL” means Asymmetric Digital Subscriber Line, a data communications technology that enables data transmission over copper telephone lines by a third-party infrastructure provider to the Customer;
1.2.3.3 “APN” means Access Point Name, a gateway between a GSM, GPRS, 3G or 4G mobile network and another computer network, which may or may not include the public Internet. A mobile device making a data connection over APN must be configured with an APN name to present to the carrier;
1.2.3.4 “Bandwidth” means the bit-rate of available or consumed information capacity expressed typically in metric multiples of bits per second;
1.2.3.5 “Best Effort Service” means a network service which does not provide any uptime and/or service level guarantees;
1.2.3.6 “Billing Month” means a bill cycle within each calendar month on which Itec runs and produces bill to the Customer for Services as per the Service Order and in line with these Terms and Conditions;
1.2.3.7 “Broadband Access Circuit” means a last mile IP connection by means of an electronic communications facility, which is a contended Best Effort Service between the Customer and/or the User and Itec or any other third-party managed infrastructure over a digital transmission network used to provide the Services;
1.2.3.8 “Call Destination” means a voice call service provided using VoIP originated by the customer and/or its Users which is then terminated on a duly licensed voice communications network, where the destination is defined as:
1.2.3.8.1 “Local calls” and “National calls” means a call terminated on a fixed line network operator within South Africa;
1.2.3.8.2 “Mobile calls” means a call terminated on one of the licensed mobile operators within South Africa;
1.2.3.8.3 “Inter-Branch call” means a call terminated within the Customer’s own network to one of its Users;
1.2.3.8.4 “International calls” means a call terminated on a telecommunication network outside of South Africa;
1.2.3.8.5 “Special calls” means special value-added service numbers as operated by different telecommunications operators in South Africa for which such operators may charge value-added service fees; and
1.2.3.8.6 “Inbound call” means a call originated outside of the Itec network on a duly licensed telecommunications voice operator and destined for termination at the Customer or its User(s);
1.2.3.9 “CE Access Equipment” means customer edge network equipment located at a customer’s premises that provides a network interface between a customer’s LAN and the Core Network via different technologies including Fibre, Microwave, ADSL or LTE and may include accessories such as antennas or fibre-optic patch equipment which is provided and owned by Itec and/or its connectivity partners;
1.2.3.10 “Charges” means the delivery charges, installation charges, monthly service charges, usage charges and any other charges relating to the provision of the Services by Itec to the Customer payable by the Customer to Itec in terms of these Terms and Conditions, the relevant Schedules and the Service Order, exclusive of VAT and any similar tax or duty payable by the Customer at the then prevailing rate;
1.2.3.11 “CLID” means Calling Line Identification Service permitting the originating caller’s number and/or name to be displayed on the terminating terminal;
1.2.3.12 “Colocation” means one of the data centre facilities at which Itec hosts its servers, networking and related hardware systems;
1.2.3.13 “Commissioning Date” means the date on which the Equipment or Service is installed and/or activated and/or rendered by Itec;
1.2.3.14 “Contention Ratio” means the number of users sharing the same port capacity;
1.2.3.15 “Core Network” means the Itec owned and managed network;
1.2.3.16 “Cross-Connect” means an NNI connection between facilities provided as separate units by the supplier’s data centre;
1.2.3.17 “CSOC” means the designated Itec Customer Service and Operations Centre;
1.2.3.18 “Customer” means any person who has entered into Service Order with Itec for the provision of Services and/or the use of the Equipment;
1.2.3.19 “Customer Server” means the file server comprising of computer hardware/machinery/equipment which is supplied by the Customer;
1.2.3.20 “Data Traffic” means any data traffic originating from a host or Server to the Internet and packets originating from the Internet to a host or Server;
1.2.3.21 “DIA Service” means Direct Internet Access which is dedicated and has a predefined Contention Ratio with other users;
1.2.3.22 “DID/DDI” means Direct Inward Dialling or Direct Dial-In, a telecommunication Service which provides service for multiple telephone numbers over one or more physical circuit to the Customer’s PBX, and transmits the dialled telephone number to the PBX so that a PBX extension is directly accessible for an outside caller;
1.2.3.23 “DECT” means Digital Enhanced Cordless Telecommunications, a standard primarily used for creating cordless telephone systems;
1.2.3.24 “Dedicated Access Circuit” means the dedicated last mile layer-2 connection to the Site according to the OSI model, specifically referring to a Microwave or Fibre point-to-point connection provisioned by Itec and used to provide the Services, the performance of which may be governed by a service level agreement;
1.2.3.25 “Dedicated Hosted Controller” means a hosted controller hosted in Itec’s Colocation;
1.2.3.26 “Delivery Date” means the date the Equipment is delivered to the Customer’s chosen Delivery site.
1.2.3.27 “Domain Hosting” means hosting of an Internet addressable website or server within a Colocation which is addressable via the Internet, typically to host a website;
1.2.3.28 “Effective Date” means the effective date set out in each Service Order;
1.2.3.29 “Equipment” means the equipment either owned by the Customer or supplied and owned by Itec and installed at the Customer or the User’s Site to enable the Customer or the User to gain access to the Services. This includes any hardware, Software, licenses, cables, connectors, interfaces, associated media embedded therein or used in conjunction therewith and/or any other equipment as detailed in the relevant Schedules and the Service Order;
1.2.3.30 “eSLA” means Equipment Service Level Agreement as set on the Service Order;
1.2.3.31 “Failover” means a procedure by which a system automatically transfers control to a duplicate system when it detects a fault or a failure;
1.2.3.32 “FHRP” means First Hop Redundancy Protocol, a computer networking protocol which is designed to protect the default gateway used on a subnetwork by allowing two or more routers to provide backup for a specific IP address on the network;
1.2.3.33 “Fibre” means the medium and the technology associated with the transmission of information as light impulses along a glass or plastic cable or fibre;
1.2.3.34 “FoIP” means Fax over Internet Protocol, the transmission of fax content over IP networks;
1.2.3.35 “Force Majeure Event” means any event beyond a Party’s reasonable control affecting the performance of its obligations in terms of these Terms and Conditions including any acts of God, such as cloud cover and/or rain, solar flares and any other natural phenomenon, fire, flood, lightning, and/or the like; civil disorder, war or military operations; national or local emergency; acts of terrorism; acts or omissions of government agencies or of other telecommunications service providers; major pro-longed power interruptions, including but not limited to load shedding; strikes, lockouts and industrial disputes of any kind; explosions or any other acts or omissions of persons beyond the reasonable control of the affected Party;
1.2.3.36 “Fourth Generation (4G)” means a mobile communications standard intended to replace 3G, allowing wireless Internet access at a much higher speed;
1.2.3.37 “Gigabyte (GB)” means a multiple of the unit byte for digital information. One gigabyte is 1024x1024x1024 or 1073741824 bytes;
1.2.3.38 “GSM” means Global System for Mobile communications, a digital mobile telephony system that is widely used in Europe and other parts of the world;
1.2.3.39 “GPRS” means General Packet Radio Service, a packet oriented mobile data service on the 3G and 4G cellular communication system’s GSM;
1.2.3.40 “Hosted Exchange” means where a provider makes a Microsoft e-mail box and space available on a server, so its clients can host their data on the server;
1.2.3.41 “ICT industry” means the information and communications technology industry;
1.2.3.42 “iFax Service” means the iFax services provided by Itec to the Customer in terms of the Service Order;
1.2.3.43 “iLink Broadband Access Service” means the layer-3 iLink broadband access services according to the OSI model provided by Itec to the Customer as described in the Service Order utilising a contended Broadband Access Circuit as described in the Service Order;
1.2.3.44 “iLink Business VPN Service” means the secure access and transmission services provided by Itec to the Customer as described in the Service Order, specifically the Dedicated Access Circuit, MPLS service, SDWAN service, automatic Failover service and Port Fees as described in the Service Order;
1.2.3.45 “iNet APN Service” means the APN service provided to the Customer on a specific mobile carrier GSM, 3G, GPRS or LTE network as described in the Service Order;
1.2.3.46 “Initial Period” means the minimum duration for which the Customer commits to purchase the services from Itec as set out in each Service Order and subject to the Terms and Conditions set out hereto;
1.2.3.47 “IP” means internet protocol;
1.2.3.48 “IP Address” means a unique string of numbers separated by periods that identifies each computer using the IP to communicate over a network;
1.2.3.49 “iPBX Service” means the Customer’s Private Branch Exchange telephone system hosted and managed by Itec for the Customer as described in the Service Order;
1.2.3.50 “IP Packet Header” is the portion of an IP packet that precedes its body and contains addressing and other data that is required for it to reach its intended destination;
1.2.3.51 “IP Spoofing” means the creation of IPpackets with a false source IP Address for the purpose of hiding the identity of the sender impersonating another computing system;
1.2.3.52 “iLTE Express Service” means the low-cost LTE service provided by Itec for Voice or Internet access as described in the Service Order;
1.2.3.53 “Itec” means the Itec Communications Proprietary Limited, a company listed on the Service Order;
1.2.3.54 “Itec Website” means www.itecgroup.co.za;
1.2.3.55 “iVoice Service” means the VoIP services provided by Itec to the Customer in terms of the Service Order for receiving inbound or making outbound voice calls to and from duly licensed telecommunications mobile, fixed South African or International voice operators;
1.2.3.56 “iWall Managed Firewall Services” means the managed security and prevention Services provided to the Customer by Itec as described in the Service Order and specifically the –
1.2.3.56.1 “AD Integration Service” which means the integration of the Customer’s active directory user information with the Hosted Firewall Service. This enables the Customer to define firewall policies per user-group and provides detailed user reporting;
1.2.3.56.2 “Anti-Virus Service” means the service used to provide enhanced virus detection and threat analysis support;
1.2.3.56.3 “Hosted Firewall Service” which means the Itec provided network security system that monitors and controls the incoming and outgoing network traffic based on predetermined security policies;
1.2.3.56.4 “IPS Service” means the Intrusion Prevention and Security service provided by means of technology used to protect the Customer’s network from cybercriminal attacks;
1.2.3.56.5 “IPSEC VPN Service” means the Virtual Private Network service Itec provides the Customer to establish an encrypted and secure connection over the Internet between two corporate networks;
1.2.3.56.6 “Netflow Reporting Service” which means the recording and reporting of the Customer’s and/or the User’s usage data, relating to Packets transmitted to/from the Site(s) and the Core Network and/or the Internet;
1.2.3.56.7 “SSL VPN Service” means the service Itec provides the Customer to establish an encrypted and secure connection over a VPN to allow the User remote access to the Customer’s network;
1.2.3.56.8 “Web Reporting Service” which means the collection and reporting of the Customer’s and/or the User’s web data for purposes of understanding and optimizing the Customer’s and/or the User’s Internet usage; and
1.2.3.56.9 “Web-Filtering Service” means the service designed to restrict or control the web content the Customer and/or the User is authorised to access on the Internet;
1.2.3.57 “Jitter” means the variation in the Latency on a Packet flow between two network systems, expressed in milliseconds measured over the period of a calendar month, and is reported as an average;
1.2.3.58 “LAN” means a local area network that interconnects computers or other network devices within a customer’s private network including but not limited to networks connected across multiple buildings;
1.2.3.59 “Latency” means the time it takes for a Packet of data to travel from one designated point on a network to another, expressed in milliseconds measured over the period of a calendar month, and is reported as an average;
1.2.3.60 “LTE” means Long-Term Evolution, a standard for high-speed wireless communication for mobile phones and data terminals which is the shared, contended access to the Internet provided by Itec to the Customer;
1.2.3.61 “MB” means a multiple of the unit byte for digital information. One megabyte is 1024×1024 or 1048576 binary bytes of information;
1.2.3.62 “MFP” means the Customer’s Multi-Function Printer and/or any other facsimile machine / device;
1.2.3.63 “Microwave” means the medium and the technology associated with the transmission of information as electromagnetic waves;
1.2.3.64 “MPLS Service” means the service provided by Itec to the Customer to connect multiple Sites by means of Itec’s Multi-Protocol Label Switching network;
1.2.3.65 “MRC” means the Monthly Recurring Charges billed to the Customer by Itec as agreed on the Service Order and subject to these Terms and Conditions, including the Schedules hereto;
1.2.3.66 “MVS” means the Managed Voice Services associated with the iPBX Service provided by Itec to the Customer and specifically–
1.2.3.66.1 “Managed Seat Service” which means remote assistance and support provided by Itec to the Customer on handsets and/or Software for use with the iPBX Service;
1.2.3.66.2 “TMS Service” which means an online accessible telephone management system;
1.2.3.66.3 “Voice Logging Service” which means the recording of an extension’s inbound and/or outbound calls;
1.2.3.66.4 “UCC Service” which means the Unified Communications & Collaboration services provisioned by Itec for use of the UCC application and services; and
1.2.3.66.5 “Dedicated Server Service” which means the provisioning of Services via the CSOC;
1.2.3.67 “Network Path” means the path a Packet travels from a source to destination network point;
1.2.3.68 “NNI” means Network to Network Interface;
1.2.3.69 “Node” means either a connection point, a redistribution point (e.g. data communications equipment), or a communication endpoint (e.g. data terminal equipment);
1.2.3.70 “Operating Software” means –
1.2.3.70.1 software that controls basic, low-level server hardware operations, and file management, without the user thereof having to operate it; and
1.2.3.70.2 application software, purchased from, or rented by, Itec to the Customer, as selected by Customer and indicated on the Service Order. Such purchase or rental is additional to the Rack Space service and as such, additional service fees apply;
1.2.3.71 “OSI” means the Open Systems Interconnection, an ICT industry standard conceptual model that characterizes and standardizes the communication functions of a telecommunication or computing system without regard to its underlying internal structure and technology;
1.2.3.72 “Overutilization” means the Customer using the maximum available allocated Bandwidth on their Dedicated Access Circuit/Broadband Access Circuit;
1.2.3.73 “Packet” means the unit of data that is routed between an origin and a destination network address on the network;
1.2.3.74 “Packet Loss” means the percentage of Packets lost in transit when one or more packets of data travelling across a computer network fail to reach their destination caused by errors in data transmission or network congestion, measured over the period of a calendar month, and reported as an average;
1.2.3.75 “Parties” means Itec and the Customer, and “Party” shall mean either one of them;
1.2.3.76 “PBX” means Private Branch Exchange telephone system;
1.2.3.77 “Port Fees” means the backhaul and infrastructure charges to provision the Customer’s MPLS and/or SDWAN and/or NNI and/or Failover Service on the Core Network;
1.2.3.78 “Prime Rate” means the published interest rate, at which FNB, a division of FirstRand Bank Limited, lends on unsecured overdraft to its most favoured corporate customers in the private sector, as to which a certificate under the hand of any manager for the time being of that bank (whose capacity need not be proved) shall be prima facie evidence thereof;
1.2.3.79 “PSTN” means the Public Switched Telephone Network;
1.2.3.80 “QoS” or “Quality of Service” means the performance measurable parameters such as Latency, Jitter and Packet Loss;
1.2.3.81 “Rack Space” means the Services rendered by Itec as described in the Service Order under such heading or description whereby –
1.2.3.81.1 Itec hosts the Server at Colocation; and
1.2.3.81.2 Itec supplies such ancillary/additional Rack Space services, as selected by Customer in the Service Order;
1.2.3.82 “Response and Fault Procedures” means the response times and fault reporting procedures relating to any incident or fault in respect of any Equipment or Services as set out in Schedule 1;
1.2.3.83 “RTT” means Round Trip Time and refers to the amount of time it takes a Packet to complete a return trip between pre-defined SLA Probe, expressed in milliseconds. RTT is measured over the period of a calendar month, and is reported as an average;
1.2.3.84 “Schedule” means the schedules attached to these Terms and Conditions, which form part and are subject to these Terms and Conditions, setting out the specific terms and conditions applicable to the specific Equipment and/or Services described in the Service Order;
1.2.3.85 “SDWAN Service” means software defined wide area network which decouples the networking hardware from its control mechanism and enables layer-2 communication across commercially available Internet access which is a layer-3 service according to the OSI model;
1.2.3.86 “Server” means the Customer’s server, as the context may indicate, purchased from, or rented by, Itec to the Customer, as selected by the Customer and described in the Service Order. Such purchase or rental is additional to the Rack Space service and as such, additional service fees apply;
1.2.3.87 “Server Software” means software that provides services or functionality on a computer acting as a Server;
1.2.3.88 “Service” means the services, managed or otherwise, and/or the maintenance of Equipment provided by Itec to the Customer governed by these Terms and Conditions and the Schedules as described in the Service Order;
1.2.3.89 “Service Availability” means an average measurement of Packet transmission between pre-defined network points over a period of a calendar month, expressed as a percentage;
1.2.3.90 “Service Credit” means an amount which will be credited towards the Charges payable by the Customer for the Service in accordance with these Terms and Conditions;
1.2.3.91 “Service Levels” means the service levels described in the Schedules and the Service Order;
1.2.3.92 “Service Order” means the service order setting out the Equipment and Services, and the Charges at which these are provided by Itec to the Customer; which is subject to these Terms and Conditions;
1.2.3.93 “Service Ticket” means a unique reference number created by an Itec Resolution Centre Agent on Itec’s operational support system whereby Itec records and tracks the progress of such a request;
1.2.3.94 “SIM” means a smart card inside a mobile device, carrying an identification number unique to the owner, storing personal data, and preventing operation if removed;
1.2.3.95 “Site” means the premise of the Customer and/or the User which can access the Services and/or where the Equipment is installed;
1.2.3.96 “SLA Probe” means a device used by Itec to measure Service Levels metrics;
1.2.3.97 “SLD” means Service Level Description as described in the schedules and the service order;
1.2.3.98 “Software” means any computer programme, software or other materials installed or provided by or on behalf of Itec to use any Equipment or the Services, including any computer programme, software or other materials embedded in or used in conjunction with the Equipment and/or any electronic communications system or equipment operated or maintained by Itec;
1.2.3.99 “South Africa” means the Republic of South Africa;
1.2.3.100 “SPLA Software” means software owned by Microsoft and supplied by Microsoft to Itec in accordance with the provisions of the Service Provider Licence Agreement (“SPLA”), which SPLA Software is rented by Itec to the Customer in accordance with the provisions of these Terms and Conditions and the Microsoft software license terms and conditions. Such rental is an additional Rack Space service and as such, additional service fees apply;
1.2.3.101 “Terms and Conditions” means these Itec Communications Master Terms and Conditions for Services, including any applicable Schedules;
1.2.3.102 “Third Generation (3G)” means the third generation of wireless mobile technology defined by the ITU IMT-2000 specifications;
1.2.3.103 “Unsupported Software” means any software and/or applications required to operate any system that the Customer obtained/purchased from a third party and is licensed to use, but excludes software that is not supplied, installed, managed, maintained or licensed by Itec;
1.2.3.1 “User” means the party who uses the Services provided by Itec to the Customer in accordance to the Service Order;
1.2.3.2 “VAS Numbers” means Value Added Service telephone numbers as offered by different telephone network operators;
1.2.3.3 “VAT” means Value Added Tax as prescribed by the Value Added Tax Act 89 of 1991, as amended;
1.2.3.4 “Voice Channel Fees” will be calculated and charged at a minimum, but not limited to, 4 (four) channels for every Broadband Access Circuit and 8 (eight) channels for every Dedicated Access Circuit, where Itec is delivering iVoice Services as per the Service Order;
1.2.3.5 “VLAN” is a Virtual LAN which means a broadcast domain partitioned and isolated in a computer network at the OSI layer-2 as defined by IEEE standard 802.1Q;
1.2.3.6 “VoIP” means Voice over Internet Protocol, the transmission of voice and/or multimedia content over IP networks;
1.2.3.7 “VPN” means Virtual Private Network operated by Itec;
1.2.3.8 “WAN” means wide area network, which is a telecommunication network that extends over a large geographical distance or place;
1.2.3.9 “Wi-Fi” means a wireless local area networking technology based on IEEE 802.11 standards that uses radio waves within the ISM (Industrial, Scientific Medical) licence exempt frequency range to connect electronic devices to a network and/or the Internet; and
1.2.3.10 “Workstation” means a desktop computer terminal, typically networked and more powerful than a personal computer,
1.3 should any provision in a definition be a substantive provision conferring rights or imposing obligations on any Party, then effect shall be given to that provision as if it were a substantive provision in the body of these Terms and Conditions;
1.4 any reference to an enactment, regulation, rule or by-law is to that enactment, regulation, rule or by-law as at the Effective Date, and as amended or replaced from time to time;
1.5 reference to ‘days’, ‘months’ or ‘years’ shall be construed as calendar days, months or years unless qualified by the word ‘business’, in which instance a “business day” shall be any day other than a Saturday, Sunday or public holiday in South Africa. Any reference to “business hours” shall be construed as being the hours between 08h00 and 17h00 on any business day from Mondays to Thursdays and 08h00 to 16h00 on Fridays. Any reference to time shall be based upon South African Standard Time;
1.6 when any number of days is prescribed, such number shall exclude the first and include the last day, unless the last day falls on a day which is not a business day in which case the last day shall be the next succeeding business day;
1.7 where figures are referred to in numerals and in words, and there is any conflict between the two, the words shall prevail, unless the context indicates a contrary intention;
1.8 in these Terms and Conditions, the word “clause” or “clauses” refer to clauses of these Terms and Conditions;
1.9 the use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s;
1.10 expressions in any Schedule and Service Order shall bear the same meaning as in these Terms and Conditions and vice versa. In the event of a conflict between the provisions of these Terms and Conditions and the provisions of any Schedule or Service Order, the provisions of these Terms and Conditions shall prevail.
1.11 the expiration or termination of these Terms and Conditions shall not affect those provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding the fact that the clauses themselves do not expressly provide this;
1.12 the use of any expression covering a process or proceeding available under South African law including winding-up or sequestration shall, if any of the Parties is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous process or proceeding under the law of such other jurisdiction;
1.13 in its interpretation, the contra proferentem rule of construction shall not apply; and
1.14 recordals shall be binding on the Parties and are not merely for information purposes.

2. COMMENCEMENT AND TERMINATION
2.1 The Customer appoints Itec, which appointment Itec accepts, to supply the Services to the Customer for the Initial Period in accordance with the terms and subject to the conditions set out in these Terms and Conditions and the Service Order commencing from the Effective Date.
2.2 The Parties may terminate a Service Order at the expiry of the Initial Period, by giving the other Party 90 (ninety) days’ prior written notice before the end of the Initial Period, failing which, Itec shall continue to provide the Services and/or maintain the Equipment after the Initial Period on the terms and subject to the conditions of these Terms and Conditions and such Service Order on a month-to-month basis until terminated by either Party on 30 (thirty) days’ prior written notice to the other Party.
2.3 Prior to the expiry of the Initial Period and on every anniversary of the Effective Date, Itec shall notify the Customer in writing of any material changes to the Service Order.
2.4 The Parties agree that any changes to these Terms and Conditions shall take effect 30 (thirty) days following notice being published on the Itec Website.
2.5 Should the Customer terminate any Service Order prior to the expiry of the Initial Period for any reason whatsoever other than expressly provided for in these Terms and Conditions, the Customer shall remain liable for all amounts owing to Itec which would have been due up to the earliest possible date of valid termination of such Service Order.
2.6 Itec will be entitled to cancel any Service Order at any time on 30 (thirty) days’ prior written notice to the Customer should Itec’s obligations herein become impossible to fulfil, including in the event of –
2.6.1 Itec being unable, due to no fault of its own, to supply the Services or parts required for and/or consumables used in the Equipment;
2.6.2 the technology used in such Equipment being rendered outdated or obsolete and Itec no longer having such personnel with the necessary technical expertise to provide the Services, and/or spares and/or consumables no longer being available;
2.6.3 the Service Order no longer being economically viable for Itec due to changes in legislation and/or changes in rate of exchange, and/or other external factors beyond Itec’s control; and/or
2.6.4 Itec no longer having the required licences due to no fault of its own to enable it to provide the Services and/or maintain the Equipment to the Customer.
2.7 On such cancellation by Itec in terms of clause 2.6, neither Party will have further rights and/or obligations in respect of the other arising out of and/or in terms of these Terms and Conditions, other than Itec’s right to claim payment of any amounts that are already due by the Customer to Itec in terms of these Terms and Conditions, and the Customer’s reciprocal obligation to make payment thereof to Itec.
2.8 The Customer shall have 3 (three) business days from the Commissioning Date to test the Equipment or Service and to notify Itec, in writing, of any disputes or issues with the Equipment or Service. In the event that no disputes or issues have been raised in writing by the Customer, such Equipment or Service will be deemed as accepted and duly signed off by the Customer.
2.9 Any new or additional services, equipment and/or software to be provided by Itec to the Customer will be agreed to in a new and additional Service Order, which will commence on the Effective Date set out therein and shall be subject to these Terms and Conditions.
2.10 The Parties acknowledge that the Services are subject to government or relevant authority regulated limitations and may be temporarily or permanently interrupted as necessary or appropriate and hereby indemnify one another against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of such disruptions.

3. ITEC’S OBLIGATIONS & SERVICES
3.1 Itec is the exclusive supplier of the Services to the Customer.
3.2 The Services are provided for the exclusive use of the Customer and/or the User and is not provided for resale or use by third parties.
3.3 Itec will provide the Services and will maintain the Equipment during business hours in an efficient operating condition using standards and practices, methods and procedures exercising a degree of skill, care and diligence in accordance with good industry practice, save for circumstances beyond the control of Itec and any Force Majeure Event.
3.4 Itec shall deliver the Equipment to the Customer at the address set out in the Service Order.
3.5 Itec cannot and does not guarantee or undertake that the provision of the Services will be provided at all times. In the event of any malfunction, failure, fault and/or interruption of any of the Services and/or the Equipment from any cause whatsoever –
3.5.1 Itec will, to the fullest extent permissible in law, not be liable for any direct or indirect loss or damages of any nature whatsoever or howsoever arising that may be sustained by the Customer and/or the User as a result of such malfunction, failure, fault and/or interruption; and
3.5.2 such malfunction, failure, fault and/or interruption will not constitute a breach by Itec of these Terms and Conditions, except where caused by Itec’s gross negligence, with the Customer hereby waiving all claims it may have against Itec in respect of any such loss so arising from such malfunction and/or failure.
3.6 Itec’s compliance with these Terms and Conditions will be measured monthly by reference to the Service Levels.
3.7 Itec will not be under any obligation to so maintain the Equipment and/or Services in the event of the Customer not complying with any of the obligations placed upon it in terms of these Terms and Conditions.
3.8 Itec will respond in accordance with Response and Fault Procedures after a call has been logged by the Customer and/or the User with CSOC and a service reference number has been furnished to the Customer and/or the User by CSOC.
3.9 Itec will implement accepted industry-standard security precautions in relation to the Services. Notwithstanding such security precautions, Itec does not guarantee that the Services are invulnerable to all security breaches. Itec makes no warranty, guarantee or representation that the Services are entirely protected from all destructive elements, security threats and/or other vulnerabilities.
3.10 Itec may, at its sole discretion, perform any Services by utilising remote access to Equipment and as such a technician from Itec does not have to be physically present at the Site to provide the Services in terms of these Terms and Conditions.
3.11 Itec will charge a travelling fee in respect of the Services to be provided, where the Service and/or Equipment is situated outside Itec’s standard service radius of 50 (fifty) kilometres from any authorised Itec service centre.
3.12 Any Services required by the Customer outside business days will be charged to the Customer in addition to the Charges at Itec’s prescribed overtime service rates.
3.13 If Software is outside of its software maintenance, as specified by Itec and/or the supplier of such Software, then Itec shall be under no obligation whatsoever to provide maintenance in respect of such Software.
3.14 When supplying the Equipment to the Customer, Itec will provide the Customer with instructions on how to use the Equipment in accordance with clause 4.23.
3.15 Itec will modify or replace, in accordance with the Schedules and the Service Order, subject to clause 3.16, parts and/or modules of the Equipment where required when maintaining the Equipment and ownership in any such old parts and/or modules which have been so replaced will vest with Itec.
3.16 Itec agrees to make available hardware replacement spares or repairs in the event of hardware failure caused by the normal operation of the Equipment subject to the following –
3.16.1 Itec reserves the right to provide an equivalent or similar part or alternative work-around solution to reinstate the Services;
3.16.2 Itec will not be liable for any hardware failures caused by the abnormal operation of the Equipment, including abuse and negligence by the Customer in accordance with clause 4.26. The Customer will be liable for the cost of hardware spares replacement caused by any such events or where the failures arose out of any of the circumstances as set out in clause 7;
3.16.3 the provision of all hardware spares or repairs are subject to availability of the spares at the time of the failure and will be dependent on the time taken to ship the spares to and from South Africa from the manufacturer of the spares. Itec will not be liable for any loss or damages suffered by the Customer as a result of a delay in delivery of the spares. Itec may, at the Customer’s request and cost, unless otherwise provided in a Schedule, provide the Customer with a loan device at Itec’s then prescribed pricing, until such time as the repairs or spares can be affected; and
3.16.4 the provision of hardware replacement spares is subject to the warranty conditions as set out in Schedule 2.
3.17 Itec shall bear no liability in the event of any loss of and/or damage to any Customer’s data stored on any Equipment, except due to the gross negligence of Itec, and such liability shall be limited to the amounts charged to the Customer under the Service Order.
3.18 The Customer consents –
3.18.1 to Itec retaining all “Consumer Data” (being the information trail the Customer and/or the User leave behind as a result of using a public sources and channels as social media networks, marketing campaigns, the Customer service requests, call centre communications, online browsing data, purchasing history and preferences, etc.) and “Customer Profile Data” (being information for the Customer or set of Customers that includes demographic, geographic and psychographic characteristics, connectivity performance statistics, call records, hosted firewall records as well as buying patterns, creditworthiness and purchase history) provided by the Customer and/or the User and/or generated through the provision of the Services during the period of the Agreement;
3.18.2 that Itec may, to the extent permitted by law, and for the purpose of these Terms and Conditions only, receive or disclose the Consumer Data and/or Customer Profile Data, including personal information, documents, detailed usage records, credit profile information and/or any other credit information; and
3.18.3 that Itec may, to the extent permitted by law, receive or disclose Consumer Data and/or Customer Profile Data to any law enforcement agencies that require the information for the prevention or investigation of criminal activities.

4. THE CUSTOMER’S OBLIGATIONS
4.1 The Customer will pay Itec all the Charges as and when they become due and payable.
4.2 The Customer will ensure that any User will at all times comply with these Terms and Conditions and the Customer’s obligations in terms hereof and as such will procure that the User is aware of these Terms and Conditions and has agreed, in writing, to comply with the terms of these Terms and Conditions at all times. The Customer will be liable for any breach of the terms of the Agreement by any User and hereby indemnifies Itec against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of a breach by the User of any of the terms of these Terms and Conditions.
4.3 The Customer is responsible for the security of its own LAN and will not use, or permit the Services to be used, directly or indirectly, to carry or transmit (or facilitate the carriage or transmission) of any message, data or information which does not belong to or originate from the Customer, permit any person to utilise the Services or any Equipment or Software or retain possession of any Equipment or Software without the explicit consent of the Customer and any other unauthorised or fraudulent use of the LAN, the Services and/or the Equipment. The Customer shall be liable for all acts or omissions of any third party utilising the Services with or without the Customer’s permission. The Customer indemnifies Itec against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of any such unauthorised or fraudulent use whatsoever.
4.4 In the event of any unauthorized or fraudulent use of the Services as a result of a breach of the Customer’s LAN, the Customer will remain liable for any costs, fees and Charges incurred during the breach and/or unauthorized or fraudulent use, including any data and call termination Charges.
4.5 The Customer shall –
4.5.1 not utilise the Services, or allow others to do so, for any unlawful purpose;
4.5.2 only use the Equipment in accordance with the manufacturer’s instructions and specifications and for the purposes and in the manner for which it is intended;
4.5.3 obtain all necessary approval in terms of, and comply with, all relevant legislation and regulations and all instructions issued by any governmental authority or by Itec regarding the use of the Services and the Equipment, including any landlord consent required; and
4.5.4 not act or omit to act, or allow others to do so, in any way likely to damage, disrupt or interfere with the Services or to injure or damage any person or property or to cause the quality of the Services to be impaired or interrupted in any manner whatsoever.
4.6 The Customer will provide Itec with remote access at all times to all Equipment and relevant systems, as well as reasonable access to the Site during business hours, to any authorised representative of Itec for any of the purposes of these Terms and Conditions, including –
4.6.1 installation, removal and collection of the Equipment (where required);
4.6.2 to carry out any inspection, repair, testing or maintenance of the Equipment relevant to the provisioning of the Services;
4.6.3 to verify that the manner in which the Services being utilised by the Customer and/or the User is in compliance with these Terms and Conditions and the Service Order as well as all applicable South African laws; and
4.6.4 any other reasonable purpose as determined by Itec and/or to enable Itec to comply with its obligations in terms of these Terms and Conditions.
4.7 Itec will not be liable, and the Customer hereby indemnifies, and keeps Itec indemnified against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of the Customer not providing Itec with remote access or actual access to its Site as required in terms of these Terms and Conditions.
4.8 The Customer will provide –
4.8.1 a suitable and clean environment for the housing and operation of the Equipment, and a stable standard and/or specialized power supply and connection points in compliance with the relevant installation standards and manufacturer’s instructions and/or any specifications required by Itec, which power point will be utilized exclusively for the Equipment. The Customer indemnifies Itec against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of the Customer’s failure to provide such stable and/or specialized power supply; and
4.8.2 unless provided by Itec as part of the installation of the Equipment, all required trunking, cabinet space, conduits, cable trays, certified fit-for-use telephone and network points, as well as an uninterrupted power supply as is required for the Services and Equipment.
4.9 The Customer will take up or remove such fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers as may be necessary to install the Equipment and the Customer will be liable to carry out and make good any repair work required at its Site subsequent to such installation.
4.10 The Customer will be present at any installation or maintenance of the Equipment by Itec, its personnel or contracted installer and shall sign the relevant delivery note and/or job card on completion thereof.
4.11 The signature by the Customer of any acceptance certificate provided by Itec and/or its service providers upon the installation of the Equipment, shall be deemed to be an acknowledgement by the Customer that it has fully inspected and approved the Equipment and all of its components and that the Equipment and components have been received to the full satisfaction of the Customer.
4.12 The Customer will ensure that the Services are used strictly in accordance with Itec’s AUP, which policy is available on request, and the Customer will at all times comply with all applicable South African laws and the Response and Fault Procedures and will report all service requests through CSOC and/or any such other point of contact indicated by Itec.
4.13 The Customer will ensure that all equipment connected to or used in conjunction with the Services, is connected or used in accordance with applicable South African laws and shall obtain the prior written approval of Itec before connecting or permitting any third party to connect any equipment to any Equipment.
4.14 The Customer will ensure that all equipment and software installed by or for the Customer and/or the User and used in conjunction with the Services is compatible with, and will function with all Equipment, Services and Software.
4.15 The Customer will not abuse the Services or damage the Equipment or do anything to prevent or preclude Itec from being able to provide the Services.
4.16 The Customer will be responsible for its own LAN and other infrastructure and shall implement such reasonable security measures in respect thereof to ensure that the security of the Services provided is not compromised either directly and/or indirectly via any third party connected equipment.
4.17 The Customer will promptly comply with all notices, instructions or directions given by Itec in respect of the installation, use or operation of the Services, Software and/or the Equipment.
4.18 The Customer will, subject to the provisions of these Terms and Conditions, install, use and maintain all Equipment necessary for the provision of the Services in a good working order (fair wear and tear excepted) in accordance with the specifications, guidelines and recommendations of Itec and the supplier thereof.
4.19 All risk in and to the Equipment will pass to the Customer upon delivery thereof to the Site and it is the responsibility of the Customer to have such equipment comprehensively insured. The Customer will be liable for any loss, theft and/or damage to the Equipment.
4.20 The Customer will at all times retain custody and control of the Equipment at the Site or such other site as Itec may have approved for such purpose.
4.21 The Customer will not use or permit the use of the Services or install, connect, link or use any electronic communications equipment in contravention of any applicable South African laws.
4.22 The Customer will not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or replacements to the Equipment and/or Services without the prior written consent of Itec.
4.23 The Customer will appoint at least 1 (one) person and at most 3 (three) persons as “System Manager/s” for the Equipment and Services. Itec will provide initial training to the System Manager/s in respect of the use and functionality of the Equipment as well as training for any major upgrades. The Customer will be liable to pay, at Itec’s then prescribed rate, for any additional or further training on the Equipment and/or should additional training be required as a result of new System Manager/s being appointed by the Customer. The Customer shall immediately notify Itec in writing of any changes in the System Manager/s.
4.24 The Customer warrants that it will not do anything or allow anything to be done which may in any way prejudice the proprietary rights of Itec or any of its service providers or suppliers.
4.25 The Customer will be liable for any repairs and/or damages to the Equipment, hardware and/or consumables, if such repairs are due to negligence, recklessness, misuse, accident, wilful act or omission, and/or any causes other than ordinary use of the Equipment by the Customer. Itec will charge the Customer, at its then prescribed rate, for repairs, consumables and/or supplies necessitated by any such cause. In the case of a call-out being performed and the reason for fault is deemed, in the sole discretion of Itec, to be the Customer’s, the Customer will be liable for a call-out fee, labour, parts, consumables, and any other fees, on the rate Itec charges for call out fees at the time of the call out, and all travelling fees, regardless of the distance.
4.26 The Customer will correctly operate the Equipment, including complying with the proper implementation of all operator calibrations, settings and adjustments, as per the supplied operation manuals and all instructions from Itec, and will take all reasonable steps to ensure that the Equipment is not being damaged or tampered.
4.27 The Customer will inform Itec in writing at least 1 (one) month in advance of any required re-siting of the Equipment and will ensure that no other party (other than Itec or its duly authorised agent) attends to such re-siting. If the Equipment is being re-sited by any person other than Itec or its duly authorised agent, the Customer will be responsible for any damage/s to the Equipment during such re-siting (without prejudice to any other rights and/or remedies Itec may have in such circumstances) and for this purpose it will be presumed that any defect/s and/or damage/s to the Equipment, were incurred during such re-siting.
4.28 In the event of any changes in the Customer’s LAN configuration, or the Customer’s network environment affecting the performance of the Equipment and/or the quality of the Services in any way, Itec will not be held liable for any loss in productivity or any other loss or damage suffered by the Customer, and the Customer indemnifies Itec against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of the changes in the performance of the Equipment and/or the quality of the Services. The Customer agrees that the Customer will be liable to pay Itec any Charges billed by Itec to adapt the Equipment to the changes in the Customer’s LAN configuration, or the Customer’s network environment.
4.29 The Customer is responsible to ensure that there is no Overutilization and/or abuse of the Bandwidth provided as part of any Services and that the capacity subscribed to in terms of a service order for any Services adequately meets the Customer’s usage requirements. Unless otherwise subscribed to in terms of a Service Order for an iWall Managed Firewall Service, the Customer is responsible to provide an adequate firewall and traffic management solution to control Bandwidth utilization and to provide reporting on such utilization. Itec will not be held liable for the Services being slow and/or affected in any way whatsoever or any electronic communications traffic which causes or is likely to cause congestion in or disruptions to the Services due to Overutilization. The Customer hereby indemnifies Itec against any direct or indirect loss or damage of any nature whatsoever or howsoever arising as a result of the Overutilization and/or abuse of the Bandwidth.
4.30 It shall not be the responsibility of Itec to cancel any services rendered by a third party to the Customer. The onus lies with the Customer to ensure that all such services rendered by a third party are cancelled before or on the day that the Services commence. The Customer shall be responsible for providing accurate and correct information on the cancellation request addressed to the third party service provider at the time of signing and sending the cancellation request. The Customer hereby indemnifies Itec for any liability arising as a result of the failure to cancel any services rendered by a third party and/or their agents, which may be prejudicial to the Customer or result in any loss whatsoever. Any recourse that the Customer may have will only be against the third party service provider in accordance with the agreements concluded with that third party service provider.

5. CHARGES AND PAYMENTS
5.1 Itec will invoice the Customer for each Service provided.
5.2 The Customer will pay to Itec each month, per debit order, on or before the due date indicated by Itec on each statement, all amounts due to Itec in terms of these Terms and Conditions, without delay, deduction or set-off, including the Charges due for each month, failing which payment Itec will have the right, on notice, to suspend the provision of the Services to the Customer until all outstanding amounts due to Itec are paid (without prejudice to any of Itec’s other rights and/or remedies). In terms of the Service Order, the Customer gives Itec authority to draw against the Customer’s bank account, wherever it may be, the amounts due to Itec in terms of these Terms and Conditions, save where a different payment method has been agreed between the Parties in writing.
5.3 The Customer shall be liable to pay to Itec a once-off installation fee which shall be billed and invoiced to the Customer together with the Charges due for the first month following activation.
5.4 The Customer will be liable to pay the Charges notwithstanding the failure or suspension, for any reason whatsoever, of any Access Circuit and/or Dedicated Access Circuit which results in the Customer and/or the User being denied access to the Services.
5.5 Itec will be entitled to charge interest on any overdue amount at the Prime Rate plus 6% (six percent).
5.6 In the event that the Customer is in default with any payments due in terms of these Terms and Conditions or any Service Order, and to the fullest extent permissible in law, the Customer will be prohibited from porting any number until such time as all outstanding payments have been brought to date. The Customer indemnifies Itec against any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of the Customer porting any number in breach of the provisions of this clause.
5.7 The Customer will be liable for any bank charges or any other fees, which Itec may have incurred if a debit order is returned and left unpaid and will pay Itec an administrative fee of R 50.00 (fifty Rand), excluding VAT, for any payments made by a method other than by debit order.
5.8 Unless otherwise specified in the Service Order and subject to the Initial Period, the Charges may be varied from time to time by Itec in accordance with Itec’s then prescribed pricing, which rate will be maintained at market related levels.
5.9 The Customer will pay to Itec its re-siting and installation charges for any re-siting of Equipment and/or Services at Itec’s then prescribed pricing in the event that any re-siting of the Equipment and/or Services is required.
5.10 The provisioning of certain Broadband Access Circuits and/or Dedicated Access Circuits provided by Itec are subject to availability and/or feasibility. In addition, the performance of such Broadband Access Circuits and/or Dedicated Access Circuit may be subject to operational limitations as described in the Service Order and relevant Schedules. The Customer shall have no right to withhold any amounts due to Itec by reason that the Broadband Access Circuit and/or Dedicated Access Circuit selected by the Customer, impacts the provisioning of the Services to the Customer and/or the User in any manner whatsoever. The Customer’s sole remedy is described in the relevant Schedule pertaining to that Service.
5.11 The re-siting of Broadband Access Circuits and/or Dedicated Access Circuits provided by Itec are subject to availability and/or feasibility. Whilst Itec will make every effort to accommodate customers wanting to re-site such Circuits, the Customer shall have no right to cancel a Service Order during the Initial Period or withhold any amounts due to Itec should a Broadband Access Circuit and/or Dedicated Access Circuit not be feasible at the new location selected by the Customer. The Customer agrees that the recurring cost for a Service that has to be re-sited may differ from the original Service Order.

6. DOWNTIME AND DELAY
Whereas Itec undertakes to use reasonable endeavours to keep the Services available at all times, the Customer acknowledges that –
6.1 maintenance, remedial works to, modification of, and upgrading of the Services and/or Equipment may take place from time to time which will bring a suspension in the Services. Itec will, if possible, provide the Customer with reasonable notice of any suspension and make all reasonable efforts to keep any suspension of the Services at a minimum and outside of business hours;
6.2 notwithstanding any interruption or delay, these Terms and Conditions will remain valid and enforceable during the period of such interruption. Itec will not be liable for any claim, loss or damages as a result of a delay or suspension of the Services caused by a third party, an outage on a third party’s network or by any reason not within Itec’s control;
6.3 the suspension of the Services as a result of the Customer’s actions, negligence, damages to or unlawful use of the Equipment and/or Services shall not entitle the Customer to terminate the Service Order and the Customer indemnifies Itec against any loss, damages, claims or costs as a result of such damages to or unlawful use of the Equipment and/or Services; and
6.4 the infrastructure that offers access to the Services may be dependent on a third-party service provider’s infrastructure, which might be a “Best Effort Service”. Itec will not be liable for any claim as a result of a disruption of Services due to downtime on third party infrastructure and or services.

7. EXCLUSIONS
7.1 Repairs and/or maintenance on the exclusions set out in this clause will only be carried out at the Customer’s written request and acceptance thereof by Itec in writing. The Customer agrees to pay Itec’s then prescribed rate for such repairs and/or maintenance.
7.2 Without derogating from and in addition to any other provisions herein contained, the Charges do not cover –
7.2.1 any faults caused by a third-party service provider and charges rendered in respect of / relating to telephone lines or the like;
7.2.2 damages, repairs and/or service necessitated by and/or arising out of –
7.2.2.1 service, repairs, alterations and/or specification changes performed without the prior authorisation of Itec;
7.2.2.2 tampering with and/or unauthorised movement or relocation of the Equipment by any person not authorised by Itec;
7.2.2.3 unauthorised connection or integration of the Equipment to other equipment, devices, lines and/or Software; unsuitable environmental influences; and
7.2.2.4 Force Majeure Event, water, lightning, power surges or dips, accidents, negligence, misuse, abuse, any conditions arising out of other connected Equipment, or any use other than that for which the Equipment were designed;
7.2.2.5 construction of additional facilities which are required to connect the Customer to the Itec network;
7.2.3 network connectivity and/or support thereof, Software upgrades or reloading of Software to Equipment, Software functions not covered by the Customer’s software licence and/or Software maintenance other than in accordance with the relevant software licence;
7.2.4 adjustments, alterations and/or repairs required to protect the Equipment against external interferences caused by radio waves, induction and/or other sources;
7.2.5 developments, repairs, additions, adjustments or modifications to the Equipment that are not produced by, or in co-operation with Itec; and
7.2.6 any operating system, package software, application, platforms and/or server or terminal device that is developed by a vendor outside of Itec’s supplier of the Equipment and/or Software and which is designed to be used for a wider variety of applications than those developed by such supplier of Itec, for example Microsoft Windows and/or Linux servers, or the use of Equipment in conjunction with third party equipment and/or software which is proven to be defective or does not meet Itec’s specifications for compatibility with the Equipment and/or Software as specified by Itec.
7.3 Subject to clause 7.1, the Customer will be liable to Itec for any repairs, services, consumables and/or parts (as the case may be) excluded from these Terms and Conditions, at Itec’s then prescribed rate.
7.4 Notwithstanding anything herein contained, Itec will not be responsible for any direct or indirect loss or damages of any nature whatsoever or howsoever arising as a result of any acts and/or omissions of Itec and/or its representatives.
7.5 Itec will be entitled to adjust the Charges due in terms of these Terms and Conditions in the event of any alterations, attachments, features, upgrades and/or specific changes made to the Equipment or Services after the Effective Date.
7.6 Further and in the event of the Equipment containing data storage devices, Itec will bear no liability in the event of any loss of and/or damage to data stored, and/or intended to be stored, thereon or thereby.

8. ACCEPTABLE USE POLICY
8.1 Itec specifies the actions prohibited to the Customers and the Users and its suppliers and subsidiaries. The Customer is required to adhere to this policy without exception. By using the Service, the Customer acknowledge that it is responsible for its Users compliance with the AUP, and that the Customer is responsible for violations of this AUP by any User. The AUP applies to all aspects of the Services provided by Itec in accordance to the relevant Service Order.
8.2 All cases of violation of the AUP should be reported to csoc@itecgroup.co.za. Itec receives complaints directly from Internet users, through Internet organizations and through other parties. Itec shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, before acting under this AUP. A complaint from the recipient of commercial email, whether received directly or through an anti-spamming organization, shall be evidence that the message was unsolicited. Itec has no obligation to forward the complaint to the Customer or the User or to identify the complaining parties.
8.3 The Customer acknowledges that Itec is unable to exercise control over the content of the information passing over the Services and the Internet, including any websites, e-mail transmissions, news groups or other material created or accessible over its Services. Therefore, Itec is not responsible for the content of any messages or other information transmitted over its Services. Itec does not make any commitment, nor do we have any obligation, to monitor or police activity occurring using any of the Services and will have no liability to any party, including the Customer, for any violation of the AUP.
8.4 Itec will attempt to notify the Customer of any activity in violation of the AUP and request that the Customer or the User cease such activity; however, in cases where the operation of the Core Network is, at its sole discretion, under threat, Itec reserves the right to suspend or terminate the Service or the Customer or the User’s access to the Service without prior notification in order to preserve the integrity of its Services to other customers.
8.5 The Customer agrees to promptly investigate all such complaints and take all necessary actions to remedy any violations of this AUP. We may inform the complainant that the Customer is investigating the complaint and may provide the complainant with the necessary information to contact the Customer directly to resolve the complaint. The Customer shall identify a representative for the purposes of receiving such communications.
8.6 The Customer agrees to notify Itec immediately if they become aware of an impending event that may negatively affect the Core Network or its Services. This includes extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events.
8.7 If the Customer or the User engage in conduct or a pattern of conduct, including without limitation repeated violations by a Customer or the User whereby correction of individual violations does not in Itec’s sole discretion correct a pattern of the same or similar violations, while using the Service that violates the AUP, Itec reserves the right to –
8.7.1 inform the Customer’s network administrator of the incident and require the network administrator or network owner to deal with the incident according to this AUP;
8.7.2 in severe cases to the discretion of Itec, suspend the Customer’s account and withdraw the Customer’s network access privileges completely until the Customer has corrected the violating condition of this AUP;
8.7.3 remove or prevent access to content that we deem to be in violation of the AUP or that we otherwise deem unlawful, harmful or offensive;
8.7.4 charge the offending parties for administrative costs as well as for machine and human time lost due to the incident; and
8.7.5 share information concerning the violation of the AUP incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.
8.8 Because the Internet is an inherently open and insecure means of communication, any data or information a Customer or the User transmits over the Internet may be susceptible to interception and alteration. Itec makes no guarantee regarding, and assume no liability for, the security and integrity of any data or information a Customer or the User transmits via any of the Services or over the Internet, including any data or information transmitted via any server designated as “secure”.
8.9 The Services shall not be used for any unlawful activities or in connection with any criminal or civil violation and the Services shall in all cases be used in compliance with applicable law. Use of the Service for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory or otherwise unlawful.
8.10 Violations of system or network security by the Customer is prohibited and may result in civil or criminal liability. Itec will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected. Examples of such system or network security violations include the following –
8.10.1 unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorisation of Itec;
8.10.2 unauthorised monitoring of data or traffic on the network or systems without express authorisation of Itec;
8.10.3 interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
8.10.4 forging of any IP Packet Header by IP Spoofing or any part of the header information in an email or a newsgroup posting;
8.10.5 intentionally transmitting files containing a computer virus or corrupted data;
8.10.6 attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document use of the Services;
8.10.7 attempts to circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”);
8.10.8 attempts to interfere with Services to any user, host, or network (referred to as “denial of service attacks”);
8.10.9 obtaining and/or disseminating any unlawful materials, including stolen intellectual property, child pornography, and/or any unlawful hate-speech materials; and/or
8.10.10 any activity that disrupts, degrades, harms or threatens to harm the Core Network or Itec’s ability to deliver the Services to its other customers.
8.11 It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements); forward or propagate chain letters nor malicious e-mail; send multiple unsolicited electronic mail messages or “mail-bombing” to one or more recipient; send bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender; using redirect links in unsolicited commercial e-mail to advertise a website or service. This is strongly objected to by most Internet users and the repercussions against the offending party and Itec can result in disruption of service to other users connected to Itec.
8.12 Maintaining of mailing lists by the Customers and/or the Users is accepted only with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses or addresses of unwilling recipients those addresses must be promptly removed by the Customer.
8.13 Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. The Customer’s mail servers must be secure against public relay as a protection to both themselves and the Internet at large. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed by the Customer.
8.14 Itec reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the Customer and the User. Itec also reserves the right to examine the mail servers of any Customer using Itec mail servers for “smarthosting” (when the user relays its mail off a Itec mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Itec’s policy of preserving customer privacy.
8.15 The Customer may obtain and download any materials marked as available for download from the Internet but is not permitted to use its Internet access or the Services to distribute any copyrighted materials unless express permission for such distribution is granted to the Customer by the owner of the materials.
8.16 This AUP applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
8.17 The Services may be used to link into other networks worldwide and the Customer and the User agrees to conform to the acceptable use policies of these networks.
8.18 Service activity will be subject to the available bandwidth, data storage and other limitations of the specific service provided as per the Service Order.
8.19 To ensure that all customers and users have fair and equal use of the Services and to protect the integrity of the Core Network, Itec reserves the right, and will take necessary steps, to prevent improper, unlawful or excessive usage thereof, until such improper, unlawful or excessive usage is terminated by the Customer. Such action that Itec may take include –
8.19.1 limiting Service throughout; and/or
8.19.2 preventing or limiting the Service access through specific ports or communication protocols; and/or
8.19.3 complete termination of the Service to Customers or the Users who grossly abuse the network through improper, unlawful or excessive usage.

9. BREACH
9.1 In the event that the Customer –
9.1.1 commits a breach of any of the terms, conditions, payment obligations, undertakings or representations contained in these Terms and Conditions or the Service Order (all of which terms are deemed material), and should such breach be –
9.1.1.1 incapable of being remedied; or
9.1.1.2 capable of being remedied, and the Customer fails to remedy such breach within 14 (fourteen) days after receipt of a written notice to that effect from Itec requiring the breach to be remedied;
9.1.2 terminates the Service Order for any reason whatsoever before the end of the Initial Period;
9.1.3 becomes subject to any insolvency proceeding, inter alia, a final or provisional order of liquidation or sequestration, a compromise with any of its creditors, being or in the process of being wound up, being under judicial management, or any business rescue being proposed or has commenced in terms of the Companies Act 71 of 2008;
9.1.4 failing to satisfy or failing to make application for the rescission of any judgement that has been granted against it for more than 60 (sixty) days after becoming aware of such judgment;
9.1.5 makes false statements in connection with these Terms and Conditions or the Service Order;
9.1.6 commits any fraudulent act or makes any misrepresentation in relation to these Terms and Conditions or the Service Order;
9.1.7 repudiates these Terms and Conditions or the Service Order or any of the obligations set out herein; or
9.1.8 does anything to prejudice Itec’s right under these Terms and Conditions or the Service Order,
Itec will be entitled, without prejudice to any other rights it may have in terms of these Terms and Conditions or in law, to cancel all of the Service Orders and/or claim all amounts which are in arrears at the date of cancellation, including interest, and all payment that would have been paid by the Customer from the date of the aforesaid cancellation until the next earliest possible date upon which the Service Orders could have terminated on notice as pre-estimated liquidated damages.
9.2 Should Itec instruct an attorney to collect any amounts as set out in 9.1.8 or elsewhere in these Terms and Conditions, or take any other action under these Terms and Conditions for the enforcement of its rights hereunder, the Customer will be liable to pay all fees and other legal charges on the scale as between attorney and own client, whether Court proceedings have been instituted or not.
9.3 In the event that Itec –
9.3.1 commits a material breach of any of the terms, conditions, payment obligations, undertakings or representations contained in these Terms and Conditions or the Service Order, and should such breach be –
9.3.1.1 incapable of being remedied; or
9.3.1.2 capable of being remedied, and the Customer fails to remedy such breach within 30 (thirty) days after receipt of a written notice to that effect from the Customer requiring the breach to be remedied,
then the Customer will be entitled, without prejudice to any other rights which it may have in terms of these Terms and Conditions or at law, either, to claim specific performance by Itec, or to immediately terminate the Service Order. The Customer’s remedies in the event of a breach by Itec will be limited to a claim for the repayment of the Charges for the relevant period in question as contained in the applicable Service Order.

10. SERVICE CREDITS
10.1 Where any service credits for SLA failures may be applicable and for the purpose of calculating Service Credits, the start of the problem occurrence will be considered to begin when the Service Ticket is opened with the CSOC in accordance with Schedule 1 and Schedule 2.
10.2 If the Customer does not initiate a Service Ticket with Itec, Itec will not be obligated to issue, and the Customer will not be eligible to receive, Service Credits for the non-compliance.
10.3 The duration of the Service-outage period will be determined by the Parties, acting reasonably, based upon the Parties’ internal records and the CSOC Trouble Ticket.
10.4 All Service Credits will be calculated based on the MRC for the affected Service during the relevant Billing Month and applied to the same affected Service(s). For greater clarity, Service Credits will be calculated as a percentage of the MRC and the Billing Month for the specific Service(s) affected by Service deficiency and shall not be based on the aggregate amount of the monthly billing to Customer for all Service(s).
10.5 Any request for Service Credits must be in writing and must be received by Itec debtors department no later than 30 (thirty) days after the applicable Service failure. Each valid and approved Service Credit will be applied to an invoice of the Customer within two billing cycles after Itec’s receipt of Customer’s request for the Service Credit. Service Credits are exclusive of any applicable taxes charged to Customer or collected by Itec.
10.6 The Service Credit for multiple target objective failures resulting from a single incident or during one specific time frame shall not be aggregated but shall be limited to the one particular Service Credit that provides the maximum credit to the Customer.
10.7 Notwithstanding anything in any Schedule in these Terms and Conditions to the contrary, the total amount of Service Credits credited to a Customer in connection with non-performance of SLA in any calendar month shall not exceed 100% of the MRC invoiced to Customer for such month for the particular Service.
10.8 Itec’s failure to achieve or maintain the above target objectives set out in the SLA is not a breach or material default of these Terms and Conditions or the Service Order, and the award of Service Credits shall be the Customer’s sole remedy and Itec’s sole liability for any such failure or corresponding degradation, interruption or loss of Service.

11. INTELLECTUAL PROPERTY RIGHTS
11.1 All right, title and interest in and to the “Itec” name and logos and/or any other trademarks, brand names and/or logos used by Itec, or the Itec group of companies and/or which relate to the Equipment, Services and the Software (“Trademarks”) vest in Itec (or its supplier and/or licensee, as the case may be), and the Customer has no claim of any nature thereto. Similarly, all rights in and to the intellectual property associated with and/or relating to the Software, Services and the Equipment irrevocably vests in Itec (or its suppliers or licensees, as the case may be), and all Software provided remains the exclusive property of Itec (or its suppliers or licensees, as the case may be).
11.2 The intellectual property rights attaching to the Software may be held by the third party owner thereof. Accordingly, to the extent permitted by such third party, Itec hereby grants to the Customer and/or the User a non-exclusive license to use the Software for the purpose for which it was supplied for the duration of the Agreement.
11.3 Before Itec supplies any Software to the Customer, the Customer shall enter into the applicable software license agreement pertaining to the Software to protect the intellectual property rights of Itec and its suppliers or licensees in and to the Software. If the Customer breaches any of the terms of any such software license agreement, Itec shall be entitled to terminate such software license agreement or cause any such software license agreement to be terminated with immediate effect, without prejudice and in addition to any and all other rights and remedies of Itec in such circumstances. The Customer hereby consents to Itec inspecting an installation at the Site for the purpose of verifying whether a programme configuration of Software supplied to the Customer conforms to the Customer’s information as registered with Itec and/or as specified in the applicable software license agreement, and in the event of the Customer’s system being discovered to contain an installation or configuration of the Software not in conformity with the Customer’s information as registered with Itec and/or as specified in the applicable software license agreement, Itec shall be entitled to terminate the Customer’s unauthorised use of the Software.
11.4 The Customer undertakes to keep confidential all operating manuals and other documentation supplied by Itec in terms of these Terms and Conditions and shall disclose same to its employees, agents or contractors on a need-to-know basis.
11.5 The Customer shall not nor permit anyone else to, without the prior written consent of Itec, to copy, reverse engineer, decompile, modify, tamper with, vary, enhance, copy, sell, lease, licence, sub-licence or otherwise deal with the Software, the operating manuals or other documentation, or any part, variation, modification, release or enhancement thereof or have any software or program written or developed based on it;
11.6 The Customer shall not, by means of the Services, infringe the intellectual property rights of any third party by means of, inter alia, the using, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing or distributing Software, video or audio content or any other material owned by any third party and protected in terms of any intellectual property rights, trademark law or other proprietary rights.
11.7 The Customer hereby indemnifies Itec against any costs, claims, damages and/or expenses which may be incurred by Itec as a result of any claim brought by any third party arising out of the breach of the provisions of this clause 11 (whether by the Customer, the User or any other party engaged by the Customer and/or the User), including all and any legal costs incurred on an attorney and own client scale.

12. CONFIDENTIALITY
12.1 Subject to 12.2, each Party undertakes to the other Parties that it will treat as confidential the terms of these Terms and Conditions and Service Order together with all information whether of a commercial, financial, personal or technical nature or otherwise relating in any manner to its business or affairs of the other Party as may be communicated to it hereunder or otherwise in connection with these Terms and Conditions and Service Order and will not disclose such information to any person, firm or company (other than to its auditors and other professional advisers) or to the media, and will not use such information other than for the purposes of these Terms and Conditions and Service Order, subject always to any prior specific authorisation in writing by the Parties concerned to such disclosure or use.
12.2 The provisions of 12.1 shall not apply to any information which –
12.2.1 is in the public domain other than by default of the recipient Party;
12.2.2 is obtained by the recipient Party from a bona fide third party having the right to disseminate such information;
12.2.3 is or has already been independently generated by the recipient Party;
12.2.4 is required to be disclosed by law or the valid order of a court or governmental or other regulatory authority or agency, in which event the disclosing Party shall so notify the other Party as promptly as practicable (and if possible prior to making any disclosure) and shall use its reasonable endeavours to seek confidential treatment of such information;
12.2.5 is required to be disclosed pursuant to any rules of any recognised stock exchange.
12.3 The obligations contained in this 12 shall endure beyond the termination of these Terms and Conditions and Service Order without limit in time except and until any confidential information enters the public domain otherwise than through default of the recipient Party.

13. DOMICILIUM AND NOTICES
13.1 The Parties choose domicilium citandi et executandi (“domicilium”) for all purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from these Terms and Conditions the physical address, fax number or e-mail address as set out in the Service Order.
13.2 Each Party shall be entitled from time to time, by written notice to the other/s, to vary its domicilium to any other physical address within South Africa, fax number or e-mail address.
13.3 Any notice given, and any payment made by a Party to another Party which is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium shall be rebuttably presumed to have been received by the addressee at the time of delivery.
13.4 Any notice given by a Party to another Party by fax or e-mail shall be rebuttably presumed to have been received by the addressee on the date of successful transmission thereof.
13.5 Notwithstanding anything to the contrary in this 13, a written notice or other communication actually received by a party shall be adequate notice to it notwithstanding that the notice was not delivered to its given domicilium or in the manner contemplated by the foregoing provisions of this 13.

14. INDEPENDENT ADVICE AND RELIANCE
Each of the Parties hereby acknowledge and agrees that –
14.1 it has been free to secure independent legal and other advice as to the nature and effect of all the provisions of these Terms and Conditions and Service Order and that it has either taken such independent legal and other advice or dispensed with the necessity of doing so;
14.2 all of the provisions of these Terms and Conditions and Service Order and the restrictions herein contained are fair and reasonable in all the circumstances and are part of the overall intention of the Parties in connection with these Terms and Conditions and Service Order; and
14.3 it has not placed any reliance upon the advice, views and/or opinions expressed by the other of them or the other Party’s independent legal, tax and other advisors in the preparation, negotiating, executing and implementing of these Terms and Conditions and Service Order.

15. APPLICABLE LAW
All matters arising from or in connection with these Terms and Conditions, its validity, existence or termination shall be determined in accordance with the laws for the time being of South Africa.

16. GENERAL
16.1 This document constitutes the sole record of the agreement between the Parties in relation to its subject matter, and supersedes all other agreements or understandings relating to the subject matter hereof.
16.2 No Party shall be bound by any representation, warranty, promise or the like not recorded in this document.
16.3 Itec reserves the right to amend, add, vary or novate these Terms and Conditions by notice to the Customers, which notice may be published on Itec’s Website in accordance with 2.3.
16.4 No suspension of a right to enforce any term of these Terms and Conditions and no pactum de non petendo shall be of any force or effect unless in writing and duly signed by or on behalf of the Parties.
16.5 No indulgence which a Party may grant to another party shall constitute a waiver of any of the rights of the grantor unless in writing signed by both Parties.
16.6 The Parties hereby consent in terms of section 45 of the Magistrates Courts Act 32 of 1944 to the jurisdiction of the Magistrates’ Court for purposes of any proceedings in terms of or incidental to these Terms and Conditions, provided that the Parties shall have the right to institute proceedings in any division of the High Court of South Africa having jurisdiction, whereby costs shall be determined in terms of the High Court tariffs.
16.7 A certificate signed by any director or manager of Itec, whose appointment and designation need not be proved, will be prima facie proof of the Customer’s indebtedness to Itec, the rate of interest payable thereon and the date from which such interest is calculated.
16.8 All costs, charges and expenses of any nature whatever which may be incurred by a Party in enforcing its rights in terms of these Terms and Conditions and the Service Order, including legal costs on the scale of attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable on demand from the Party against which such rights are successfully enforced and shall be payable on demand.
16.9 The Customer indemnifies and keeps indemnified Itec and its personnel against all loss, claims of whatsoever nature, damage, liability, penalty, costs (including legal costs on attorney and own client scale) and expenses suffered or incurred by Itec under contract, delict, breach of duties (statutory or otherwise) or any other basis and howsoever arising as a result of:
16.9.1 a negligent, fraudulent or wrongful act or omission by the Customer (or its personnel) and/or the User under or in relation to these Terms and Conditions or any Service Order;
16.9.2 the Customer (or its personnel) and/or the User breaching or failing to comply (or Itec being held liable or deemed to have breached or failed to comply as a direct result of a breach or failure by the Customer) with any law;
16.9.3 any breach by the Customer and/or the User of any of the terms, conditions, representations or warranties contained in these Terms and Conditions; and/or
16.9.4 any act or omission of any third party engaged by the Customer and/or the User.
16.10 Itec is entitled to cede and/or assign its rights and/or obligations under these Terms and Conditions without prior notice to, and/or without the prior consent of, the Customer. The Customer may not cede and/or assign any of its rights and/or obligations under these Terms and Conditions without the prior written consent thereto of Itec, which consent will not be withheld unreasonably.
16.11 The provisions of these Terms and Conditions shall be binding upon the successors-in-title and the permitted assigns of the Parties.
16.12 The Customer will not, without the written consent of Itec, directly or indirectly or in any capacity as agent, contractor or otherwise, at any time while these Terms and Conditions is in force and for a period of 2 (two) years after termination of these Terms and Conditions for whatever reason, approach, encourage, entice, induce, solicit, or cause a third party to employ any person employed by Itec.
16.13 The Customer hereby confirms and warrants that, as at the date of these Terms and Conditions, its annual turnover or asset value is equal to or exceeds R 2 000 000.00 (two million Rand). Furthermore, the Customer undertakes immediately to notify Itec in writing in the event of its annual turnover or asset value dropping be-low R 2 000 000.00 (two million Rand) at any stage throughout the duration of these Terms and Conditions, failing which it will be deemed that the Customer’s annual turnover or as-set value has remained above R 2 000 000.00 (two million Rand) throughout the duration of these Terms and Conditions.
16.14 The Customer hereby agrees that Itec is entitled at any time to communicate with any person to obtain and provide any information relating to the Customer’s payment behaviour, credit worthiness or defaults.
16.15 These Terms and Conditions does not create a partnership, joint venture, employment or agency between the Parties and neither Party shall be liable for the debts of the other Party howsoever incurred.
16.16 All provisions in these Terms and Conditions are, notwithstanding the manner in which they have been put together or linked grammatically, severable from each other. Any provision of these Terms and Conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms and Conditions shall be of full force and effect. The Parties declare that it is their intention that these Terms and Conditions would be executed without such unenforceable provisions if they were aware of such unenforceability at the time of its execution.
16.17 No remedy conferred by these Terms and Conditions is intended, unless specifically stated, to be exclusive of any other remedy which is otherwise available at law, by statute or otherwiseThe election of any one or more remedy by a Party shall not constitute a waiver by such Party of the right to pursue any other remedy available at law.

SCHEDULE 1: RESPONSE AND FAULT PROCEDURES

1. RESPONSE TIMES AND FAULT REPORTING PROCEDURES
The procedure below must be followed by the Customer when reporting a fault, incident or change request in respect of any Equipment or Service. Adherence to these procedures will ensure the best possible response and timeous resolution of any incidents or faults.
1.1 The Customer’s nominated Service Manager/s shall be the primary contact responsible for contacting Itec in the event of a fault, incident or change request and to receive proactive Itec outage notifications.
1.2 In the event of any fault, incident or change request, the customer must contact the CSOC –
1.2.1 by email to CSOC@itecgroup.co.za.
1.2.2 by telephone on 086 101 4832 (during business hours);
1.2.3 by telephone on 010 492 7000 (after business hours); or
1.3 The Customer is required to provide sufficient, accurate information when contacting the CSOC to enable it to identify the location of the fault, the contact person on Site, the nature of the fault or incident and the Equipment or Service that is affected. All change requests must be confirmed in writing via email to CSOC@itecgroup.co.za.
1.4 Once the fault, incident or change request has been logged, the Customer will receive a Service Ticket reference number from the CSOC which must be used by the Customer when enquiring on the status of the fault, incident or change request. No fault, incident or change request will be attended to unless a call has been logged and a reference number provided.
1.5 Itec will contact the Customer to attempt to rectify the problem over the telephone or via Itec’s remote assistance systems. The Customer is required to cooperate with Itec to ensure that the fault, incident or change request is repaired immediately or, alternatively, that a technician with the necessary background knowledge of the fault and the spare parts is dispatched to the Site to rectify the problem.
1.6 Itec will provide feedback to the Customer on the cause of the fault, incident or change request and the resolution thereof as well as any applicable recommendations.
1.7 The various “Response Times” set out in this Schedule are calculated from when the Customer logs a Service Ticket with the CSOC until Itec starts to address the service request (either remotely or onsite).
1.8 Unless otherwise provided for in a specific Service Order and associated Schedule hereto, the CSOC provides telephonic and remote support during business hours. However, any Service Tickets logged after 15:00 will be deemed as logged at 08:00 on the following business day. All Service Tickets logged with the CSOC will be measured against the criteria set out in this Schedule unless the Customer agrees to after-hours support charges which will be quoted by the CSOC on request of the Customer.
1.9 In the event that a Service Ticket falls outside the scope of Itec’s services to the Customer as part of one or more Service Orders, the Service Ticket will be referred back to the customer for action/resolution and where practical Itec will provide information to enable the Customer to action resolution with its external provider.
1.10 Service Tickets will be dealt with based on the Priority Type of the fault, incident or change request in terms of the Priority Matrix below and and multiple Service Tickets of the same priority, will be dealt with on a first come first served basis.
1.11 Onsite support will be arranged at the discretion of Itec, subject to all telephonic and/or remote support efforts having been exhausted, and if applicable, the Customers acceptance of billable charges by an official purchase order and/or signed acceptance of quote prior to commencement of the support services.

2. ONSITE RESPONSE TIMES
2.1 Response times apply during business days within a 50km radius of an Itec direct service center.

Table 1.1 Onsite response times
PriorityTypeRadiusResponse Times
Priority 1≥ 50kmNext Business Day (including travel time) *
Priority 2≥ 50kmTwo Business Days (including travel time) *
Priority 3≥ 50kmTwo Business Days (including travel time) *
Priority 4≥ 50kmFour Business Days (including travel time) *

 * An additional travelling charge per kilometer (based on standard AA rate) is applicable for every kilometer outside of a 50KM Radius.

2.2 To expedite high priority Service Tickets, any Priority 1 Service Ticket reported via e-mail must also be followed up with a phone call from the Customer to the CSOC as soon as the Service Ticket is logged.
2.3 The Response Times will not apply to any of the following Service Tickets logged –
2.3.1 any system additions, moves, changes and/or deletions;
2.3.2 any environmental faults not directly related to the equipment or system installed by Itec;
2.3.3 original equipment manufacturer Software maintenance subscription and/or assurance;
2.3.4 any upgrades not directly related to a system fault; or
2.3.5 total disaster recovery where all or a large portion of the Equipment is damaged. In the event of a Site disaster, Itec will assist on a best effort basis to restore essential services as soon as is reasonably possible under the circumstances.
2.4 Notwithstanding the undertakings by Itec regarding Response Times, should the work, including travel time, extend outside of normal business hours, the Customer will be offered the option of paying an overtime surcharge and allowing work to continue to completion, or postponing the fault, incident or change request until 08:00 on the following business day. Itec will not be held liable to the Customer for any losses or damages should the Customer choose to postpone the fault, incident or change request.

3. DIRECT ESCALATION PATH
3.1 All Service Tickets need to be logged with the CSOC and a reference number obtained before a fault, incident or change request can be escalated using the Direct Escalation Path.

Table 1.2 Direct escalation paths
LevelEscalates toEmail ContactDirect Contact Number*
CSOC log call first and obtain case reference numbercsoc@itecgroup.co.za086 101 4832
1CSOC Team Leaders1@iteccomms.co.za010 492 7001
2Resolution Centre manager & Service Manager2@iteccomms.co.za010 492 7002
3Operations Manager & Networks Manager & CPE Manager, Complaints Desk3@iteccomms.co.za010 492 7002
After Hours**After Hours support team for Priority 1 cases only010 492 7000

* Number is a ring group which will alternate between team memebers
** After hours  applies to services specifically covered by an after hours Service Level Agreement for Priority 1 cases

4. PRIORITY MATRIX
4.1 The time referred to in the Priority Matrix refers only to business hours.

Table 1.3 Priority matrix
Priority TypeDefinition
Priority 1Nature of FaultCondition exists that cannot be prevented or avoided by a workaround or fix. The Service is severely degraded or not functioning
Business OperationsCritical. The Customer is completely down – all users affected
Response DefinitionCSOC agents respond immediately, assess the situation, escalate internally with senior resources or externally with service provider (whichever is applicable)
Mean Response Time (engagement with Customer)From time Service Ticket is logged until engagement of a CSOC agent with the Customer45 Minutes
Mean Time to Resolve/EscalateThe time resolution has been reached or time has run out for specific support level before escalating to the next support level4 Hours
Direct Escalation Path to follow after 4 HoursLevel 33@iteccomms.co.za
Priority 2Nature of FaultCondition exists that causes the Services to be partially inoperative. Some major functions are not working. The Services are being limited or hindered, resulting in limited functionality
Business OperationsSignificant. High volumes of users or senior level users are affected
Response DefinitionCSOC agents respond using standard procedures and operating within normal supervisory management
Mean Response Time (engagement with Customer)From time Service Ticket is logged until engagement of a CSOC agent with the customer2 Hours
Mean Time to Resolve/EscalateThe time resolution has been reached or time has run out for specific support level before escalating to the next support level6 Hours
Direct Escalation Path to follow after 6 Hours

Direct Escalation Path to follow after 7 Hours

Direct Escalation Path to follow after 8 Hours

Level 1

Level 2

Level 3

1@iteccomms.co.za

2@iteccomms.co.za

3@iteccomms.co.za

Priority 3Nature of FaultCondition exists that allows services to be used with limited functionality, users/systems are able to perform basic functions
Business OperationsNot Severe. Low volume and or some regular level users are affected
Response DefinitionCSOC agents respond using standard procedures as time allows
Mean Response Time (engagement with Customer)From time Service Ticket is logged until engagement of a CSOC agent with the customer4 Hours
Mean Time to Resolve/EscalateThe time resolution has been reached or time has run out for specific support level before escalating to the next support level12 Hours
Direct Escalation Path to follow after 12 Hours

Direct Escalation Path to follow after 13 Hours

Direct Escalation Path to follow after 14 Hours

Level 1

Level 2

Level 3

1@iteccomms.co.za

2@iteccomms.co.za

3@iteccomms.co.za

Priority 4Nature of FaultConfiguration changes or less than 10% of services not functioning
Business OperationsLow Severity. Change request, user training, one or two regular users being affected by a service/system not functioning
Response DefinitionCSOC agents respond using standard procedures as time allows
Mean Response Time (engagement with Customer)From time Service Ticket is logged until engagement of a CSOC agent with the customer6 Hours
Mean Time to Resolve/EscalateThe time resolution has been reached or time has run out for specific support level before escalating to the next support level24 Hours
Direct Escalation Path to follow after 24 Hours

Direct Escalation Path to follow after 25 Hours

Direct Escalation Path to follow after 26 Hours

Level 1

Level 2

Level 3

1@iteccomms.co.za

2@iteccomms.co.za

3@iteccomms.co.za

SCHEDULE 2: MAINTENANCE AND WARRANTY

1. EQUIPMENT WARRANTY
1.1 The standard original manufacturer’s / supplier’s (“Supplier”) warranty of a minimum of 12 (twelve) months will apply to the Equipment from the Delivery Date (“Warranty Period”). The warranties only apply to Equipment supplied by Itec.
1.2 The standard terms and conditions of the Supplier’s warranty will apply hereto as if specifically set forth herein and is available on request.
1.3 The warranty will be void and lapse immediately if the Customer, the User and/or any unauthorized third party performs any work on the Equipment and/or should any unauthorized and untested equipment be connected to the Equipment.
1.4 The warranty will not cover, inter alia, defects or damage resulting from accident, misuse, abuse, neglect, unusual physical, electrical or electromechanical stress, or modification of any part of the Equipment including antenna or cosmetic damage; installation, maintenance and service of the Equipment by a third party; Equipment that has been altered or modified without proper authorization by Itec; Equipment rendered inoperative by fire, flood, lightening, or any Force Majeure; or Equipment not run on a dedicated and grounded electrical outlet with a surge protector and/or damaged from power surges.
1.5 In the event of Equipment failure during the Warranty Period, Itec will collect and send the Equipment to the Supplier for repair or replacement of the Equipment or any defective part, in Itec and the Supplier’s sole discretion.
1.6 The Equipment must be in a suitable container accompanied by the Customer’s sales receipt or comparable substitute proof of sale showing the date of purchase, the serial number of the Equipment and Itec’s name and address.
1.7 The Customer must log a service request with the CSOC in terms of the Response and Fault Procedures.
1.8 The Supplier may, at its sole option, use refurbished or new parts or components when repairing any Equipment or replacing the Equipment. The Warranty Period on all repaired/replaced Equipment will be for a period equal to the remainder of the Warranty Period on the original Equipment.
1.9 The Customer must pay all parts, shipping, and labour charges for the repair or return of any Equipment not covered by the warranty as determined by the Supplier in its sole discretion.
1.10 Except as stipulated in the warranties herein, the Customer takes the Equipment “as is”. Itec makes no representation or warranty with respect to the Equipment except those stated herein and there are no conditions, express or implied, statutory or otherwise, of any kind whatsoever with respect to the Equipment. No instruction manual shall be construed to create an express warranty of any kind whatsoever with respect to the Equipment. All implied warranties and conditions that may arise by operation of law, including, if applicable, the implied warranties of merchantability and fitness for a particular purpose; any implied warranties arising from statue, trade usage, course of dealing or course of performance warranties of title or non-infringement; design, condition, quality or performance of the product; the workmanship of the product or the components contained therein; compliance of the product with the requirements of any law, rule, specification or contract pertaining thereto, are hereby expressly excluded unless specifically contained in the warranty terms and conditions, and Itec disclaims all such warranties.
1.11 Itec shall not be liable for any damages of any kind, including incidental, special or consequential damages, loss of profits or benefits or for any and all damages resulting from the Customer’s, use, or misuse of, or inability to use the Equipment or arising directly or indirectly from the use or loss of use of the Equipment or from the breach of the express warranty, or for any breach of contract or for any claim brought against the Customer by any other party. Itec makes no warranties or representations and there are no conditions, express or implied, statutory or otherwise, as to the quality, capabilities, operations, performance or suitability of any third-party software or equipment that is included with the Equipment supplied by Itec or otherwise, including the ability to integrate any such software or equipment with the Equipment.
1.12 Unless otherwise specifically covered under a specific eSLA subscription, Itec will provide the Customer with a quotation for the replacement or repair of all Equipment that falls outside of the Warranty Period together with applicable call out, travel and labour fees at Itec’s then prescribed rate. Itec will supply the Equipment and applicable services on acceptance by the Customer of Itec’s quotation.

2. MAINTENANCE OF PBX EQUIPMENT AND CHARGES
2.1 Itec will provide the Customer with maintenance for PBX systems with controllers hosted in Itec’s data center including iPBX, Voicegate and Infinity as set out in Table 2.1 for the Initial Period.
2.2 Itec will provide the Customer with maintenance for PBX systems with controllers installed on-site as set out in Table 2.1 for a period of 12 (twelve) months, subject to –
2.2.1 if, during the period of 12 (twelve) months the number of call outs and on-site labour hours are exceeded, the charges in Table 2.2 will apply.
2.2.2 after the 12 (twelve) month period in clause 2.1 above, the Customer will be liable to pay the Charges in Table 2.2 for any maintenance required.
2.3 The maintenance charges do not include the replacement or supply of Equipment. Notwithstanding the provisioning of MVS, in the event of Equipment failure not being covered by the Supplier’s warranty, and/or the Equipment being beyond economic repair, the cost for replacement Equipment will be the sole responsibility of the Customer. Itec is not liable for the replacement of Equipment.
2.4 Itec’s maintenance charges are exclusive of VAT and is subject to change at Itec’s sole discretion without prior notice

Table 2.1: Inclusive callouts and labour where applicable
Number of ExtensionsLimited Callouts per yearLimited On-Site hours labour per yearRemote Assistance

(normal Business Hours)

1-1542Unlimited
16-2466Unlimited
25-491010Unlimited
50-991515Unlimited
100+2520Unlimited
Table 2.2: Standard out of maintenance Charges
Type of chargeBusiness HoursAfter HoursSundays & Public Holidays
Call out (includes 50km radius from office travel and excludes labour) *R200.00R250.00R250.00
Labour (per hour or part thereof): *
1st Line Csoc Agent (Remote Assistance)R0.00R675.00R900.00
Field Service Technician (Onsite and Remote Assistance)R450.00R675.00R900.00
Senior Mitel/Networking Specialist (Onsite and Remote Assistance)R650.00R875.00R1300.00
Senior Network Specialist (Onsite and Remote Assistance)R650.00R875.00R1300.00
Head of Networks (Onsite and Remote Assistance)R850.00R1 075.00R1 700.00
Programming (per hour or part thereof) *R450.00R675.00R900.00
Additional Points – CAT3 (per point) **R450.00R675.00R900.00
Additional Points – CAT5e (per point) **R650.00R975.00R1 300.00
Additional Points – CAT 6 (per point) **R850.00R1 275.00R1 700.00

* An additional travelling charge per kilometer (based on standard AA rate) is applicable for every kilometer outside of a 50km radius. Accommodation costs to be quoted separately.
** Cost includes labour, standard wall box and cable up to 50m. Additional peripherals that may be required (for example: fly leads, trunking, fibre etc.) are not included.

SCHEDULE 3: ILINK BROADBAND SERVICE

1. PROVISIONING OF THE ILINK BROADBAND SERVICE AND CHARGES
1.1 Itec will create the iLink Broadband Service for the exclusive use of the Customer and/or the User, utilising the configuration specifications submitted by the Customer. To enable the Equipment to connect to the iLink Broadband Service, the Customer shall provide Itec with the network configuration specifications. Itec is entitled to change the required configuration in the case such requirement is likely to cause any conflict on the network of either Itec or the Customer.
1.2 Itec will provide the Customer access to the iLink Broadband Service via a Broadband Access Circuit, which will exclusively be provided by Itec.
1.3 The Customer shall be responsible for obtaining all third party approvals and consents necessary for installation and use of the Services including land-owner consent.
1.4 Itec will provide the Customer with CE Access Equipment required to connect the Equipment to the iLink Broadband Service.
1.5 The Customer shall provide without charge or cost to Itec appropriate secure equipment space, ducting, environment and continuous stable electrical power to install and maintain the Itec CE Access Equipment at its premises and to enable Itec to provide the Services.
1.6 The Customer acknowledges and agrees that the CE Access Equipment will remain the exclusive property of Itec and that whilst the CE Access Equipment is on the Customer’s premises, the Customer shall ensure that it is kept safe, secure and fully insured and is not tampered with by any person.
1.7 The Customer agrees that, upon termination of a Service for whatever reason, it shall promptly make available the router(s) for collection by Itec and/or its partners during business hours and shall keep safe such equipment until collection thereof can be affected. All CE Access Equipment must be returned to Itec in good working order. If the Customer fails in this respect, the Customer will remain liable for any costs Itec incurs to recover or replace the CE Access Equipment on demand a reasonable sum commensurate with the value of the Equipment.
1.8 The iLink Broadband Service provides the Customer with Internet access specified in this Schedule and/or access to the iVoice Service in terms of the relevant Schedule.
1.9 As payment for the provisioning of the iLink Broadband Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

2. SERVICE LEVEL AND CALCULATION: ILINK BROADBAND
2.1 The infrastructure requirements and site classifications as set out in Table 3.1 will apply at the Site(s) for iLink Broadband Services.
2.2 Itec will, as far as is reasonable and within its control, adhere to the Service Levels set out in Table 3.2, Table 3.3 for iLink Broadband Services
2.3 Itec will calculate the monthly adherence to the Service Levels per individual Site of the Customer.
2.4 Itec shall measure all the Sites connected to the Core Network by utilizing SLA Probes. The SLA Probe polls the Equipment interface continuously. In the event where the interface fails to respond, the Equipment will report unavailable. The Site will be deemed unavailable until the Broadband Access Circuit is restored.
2.5 The Service Levels and penalties will only be applicable to the iLink Broadband Service provisioned via a Dedicated Access Circuit provided by Itec as listed in table 3.2 and 3.3
2.7 The following will be excluded from the calculation of the Service Levels –
2.7.1 incorrect or incomplete information provided by the Customer which prevents Itec from troubleshooting and restoring Services;
2.7.2 the Site(s) are not connected via a Broadband Access Circuit provided by Itec and any third-party equipment and/or Access Circuit procured by the Customer from a supplier other than Itec;
2.7.3 refusal of access to Itec to the Site, where access is required to complete diagnosis, repair, or acceptance testing and/or no access, restricted access or refusal of access to the Equipment and/or Broadband Access Circuit to troubleshoot and restore Services;
2.7.4 interruption caused by tampering or interference with the Itec provided Equipment and/or Services, by the Customer and/or the User and/or any other third party outside the reasonable control of Itec;
2.7.5 interruption of Services not reported by the Customer and/or the User or for which no service request was logged by the Customer and/or the User in terms of the Response and Fault Procedures;
2.7.6 unavailability due to any Force Majeure event and/or power failure and/or environmental control failure including but not limited to equipment room air conditioning failure;
2.7.7 planned network maintenance and emergency network maintenance times where the services are intentionally shut down by Itec for the purposes of such maintenance; and
2.7.8 periods during which planned maintenance was scheduled by Itec but requested to be delayed by the Customer.

3. DOWNTIME
3.1 Planned downtime from time to time is necessary for network maintenance.
3.2 Itec will endeavour to give the Customer 7 (seven) days’ prior notice to any planned network maintenance. Itec will not, as far as is reasonably possible, carry out planned network maintenance during business hours.
3.3 If the planned network maintenance required is exclusive to the Customer and does not affect any other Itec customer/s, the Customer may submit a written request for the planned network maintenance to be delayed, provided such requested time is within a period not exceeding 5 (five) business days after the time originally proposed.
3.4 Emergency network maintenance is sometimes necessary due to unforeseen events or circumstances. If possible, Itec shall inform the Customer, as soon as is reasonably possible, of the dates and times of the emergency network maintenance to be provided.

Table 3.1: Site Classification
Classification of SiteInfrastructure Requirements
Standard·  Single CE router on site
·  Single Broadband Access Circuit (Fibre & Licensed Microwave only)
Table 3.2: Service Availability – Service Levels
Network PathService Availability
SourceDestinationSite ClassificationService Level Description
Itec SLA ProbeCE RoutersStandard98.30%
Table 3.3: Broadband Access Circuit – Service Level Description (non-punitive)
Access TypeAvailability
Single Broadband Access Circuit (Fibre & Licensed Microwave only)98.30%
Dual Broadband Access Circuit (Fibre & Licensed Microwave only)99.50%

4. PENALTIES FOR BREACH OF SERVICE LEVELS
4.1 Penalties will not apply in the event of any incident, failure or damages caused to the Equipment and/or Services by the Customer and/or the User(s), their personnel and/or any third party in any manner whatsoever.
4.2 Subject to the terms of the Agreement and this Schedule, should Itec fail to meet the Service Levels in a calendar month, Itec will be liable for the penalties as set out in Table 3.4
4.3 Itec will pass a credit on the relevant invoice for that month with the amount for the penalties due. The Customer will be liable to pay the Charges due as set out on the monthly invoice, less any credit passed for applicable penalties as shown on that specific invoice.
4.4 The maximum penalty payable will be 30% (thirty percent) of the monthly Charges for the iLink Business VPN Service for the month in which the penalties are due. Penalty amounts will only apply to VPN Charges of the actual Site affected by non-performance and in case of multiple Sites, each Site will be treated in isolation.
4.5 Itec’s liability to the Customer for any claims and/or damages arising will be limited to the amounts due in respect of penalties in terms of this Schedule.
4.6 The calculation for the QoS components is not cumulative. The value of the penalty due shall be based on the component with the highest non-performance value.

Table 3.4: Service / Site Availability – Penalties
MeasurementPenalty ApplicableCalculation
%
(Percentage)
·   Maximum penalty amount of 30%

·   Applies to the monthly VPN Charges of the affected site(s) only

Below Guaranteed %Penalty %
0.01 > 2.002%
2.01 > 3.005%
3.01 > 4.0010%
4.01 > 5.0020%
5.01 +30%

5. UPGRADES
5.1 The Customer further acknowledges and agrees that where technically feasible it is allowed to upgrade the iLink Broadband Service at any time during the Initial Period of the Service provided that one (1) calendar month’s prior written notice to that effect is given to Itec, but it is not allowed to downgrade the iLink Broadband Service during the Initial Period;
5.2 Any written notice received by Itec during the course of the month for the upgrade of the Line Speed of the iLink Broadband Service, as envisaged in clause 6.1, shall:
5.2.1 only be effective from the 1st (first) day of the following month; and
5.2.2 the upgraded Service shall, with effect from the activation thereof, be extended for a minimum period of 24 (twenty four) months; and
5.2.3 the duly upgraded Service shall be provided by Itec subject to the provisions of this Service Schedule and the Service Order.

SCHEDULE 4: ILINK BUSINESS SERVICE

1. PROVISIONING OF THE ILINK BUSINESS SERVICE AND CHARGES
1.1 Itec will create an iLink Business VPN for the exclusive use of the Customer and/or the User, utilising the configuration specifications submitted by the Customer. To enable the Equipment to connect to the iLink Business Service, the Customer shall provide Itec with the network configuration specifications. Itec is entitled to change the required configuration in the case such requirement is likely to cause any conflict on the Itec or Customer network.
1.2 Itec will provide the Customer access to the iLink Business Service via a primary and/or secondary Dedicated Access Circuit. The Dedicated Access Circuit(s) will be provided exclusively by Itec with dedicated Bandwidth for the iLink Business Service, but if provided by any third-party service provider, the iLink Business Service will be provided on a Best Effort basis only and excluded from any Service Level calculations and penalties.
1.3 For fail-over purposes, Itec may provide the Customer access to the VPN via a secondary Broadband Access Circuit instead of a secondary Dedicated Access Circuit, provided that in such an event, the iLink Business Service will be regarded as a Standard site in accordance to Table 4.1 and the fail-over will be provided on a Best Effort basis only and subsequently excluded from any Service Levels calculations and penalties.
1.4 Itec will provide the Customer with CE Access Equipment required to connect the Equipment to the iLink Business Service.
1.5 The Customer shall provide without charge or cost to Itec appropriate secure equipment space, ducting, environment and continuous stable electrical power to install and maintain the Itec CE Access Equipment at its premises and to enable Itec to provide the Services.
1.6 The Customer acknowledges and agrees that the CE Access Equipment will remain the exclusive property of Itec and that whilst the CE Access Equipment is on the Customer’s Site, the Customer shall ensure that it is kept safe, secure and fully insured and is not tampered with by any person.
1.7 The Customer agrees that, upon termination of a Service for whatever reason, it shall promptly make available the router(s) for collection by Itec and/or its partners during business hours and shall keep safe such equipment until collection thereof can be affected. All CE Access equipment must be returned to Itec in good working order. If the Customer fails in this respect, the Customer will remain liable for any costs Itec incurs to recover or replace the CE Access Equipment on demand a reasonable sum commensurate with the value of the Equipment.
1.8 The iLink Business Service only allows access to the Core Network. Any other Services available from Itec via the iLink Business Service, will be detailed in separate Schedules and must be ordered on the Service Order. For the purpose of clarity, iLink Business excludes DIA which must be ordered separately on the Service Order.
1.9 As payment for the provisioning of the iLink Business Service the Customer will be liable to pay Itec the Charges as specified in the Service Order.
1.10 In the event that Charges are incurred with a Global Service Operator (“GSO”) –
1.10.1 and the Charges are billed and invoiced by Itec to the Customer in Rand, the applicable rate of exchange shall be that set out in the proposal submitted by Itec to the Customer. Notwithstanding anything contained herein, Itec will have the right to revise the rate of exchange should the rate of exchange fluctuate by more than 10% (ten percent) over a 90 (ninety) day period;
1.10.2 and the Charges are billed and invoiced by Itec to the Customer in foreign currency, the Customer shall, in addition to such fees, be responsible for the bank charges associated with receiving payment in a foreign currency. VAT shall be applicable to fees billed and invoiced by Itec to the Customer in foreign currency, unless the South African Revenue Service issues a directive to Itec ruling otherwise.

2. SERVICE LEVELS AND CALCULATION OF SERVICE LEVELS: ILINK BUSINESS
2.1 The infrastructure requirements and site classifications set out in Table 4.1 will apply at the Site(s).
2.2 Itec will, as far as is reasonable and within its control, adhere to the Service Levels set out in Table 4.2, Table 4.3 and Table 4.4.
2.3 Itec will calculate the monthly adherence to the Service Levels per individual Site of the Customer.
2.4 Itec utilizes SLA Probes to measure performance metrics across its network, between its network and the CE Access Equipment, or between the Customer and/or the User SLA Probe and the Equipment.
2.5 Itec will measure performance to/from all destinations at an interval of 5 (five) minutes. At the end of every measurement, QoS data gathered is averaged, and presented as a single figure. Service Availability is measured in the same way, except that a sequence result is either 1 (available) or 0 (unavailable).
2.6 Service Availability for premium site classification is calculated by overlaying the primary and secondary Dedicated Access Circuit statistics. The Site will be deemed unavailable only for periods during which both Dedicated Access Circuits were down at the same time. This will not apply to the Customer with a single Dedicated Access Circuit with or without secondary Broadband access circuit (Standard Site classification).
2.7 Itec shall measure all the Sites connected to the Core Network by utilizing SLA Probes. The SLA Probe polls both the primary and secondary interfaces continuously. In the event where the primary interface fails to respond, the secondary interface on the CE Access Equipment will report available and the primary interface on the CE Access Equipment unavailable. This will cause the network traffic to be automatically routed via the secondary Dedicated Access Circuit.
2.8 RTT and Packet Loss QoS parameters shall be measured and reported between the CE Access equipment and the Provider Edge port in Itec’s core network across a Dedicated Access Circuit provided by Itec.
2.9 RTT shall be measured continuously over the period of a calendar month, averaged and reported in milliseconds.
2.10 Packet Loss shall be measured continuously over the period of a calendar month averaged and reported as a % (percentage).
2.11 The Service Levels and penalties will only be applicable to the iLink Business Service provisioned via a Dedicated Access Circuit provided by Itec.
2.12 The following will be excluded from the calculation of the Service Levels –
2.12.1 incorrect or incomplete information provided by the Customer which prevents Itec from troubleshooting and restoring Services;
2.12.2 the Site(s) are not connected via a Dedicated Access Circuit provided by Itec and any third-party equipment and/or Access Circuit procured by the Customer from a supplier other than Itec;
2.12.3 refusal of access to Itec to the Site, where access is required to complete diagnosis, repair, or acceptance testing and/or no access, restricted access or refusal of access to the Equipment, Access Circuit and/or Dedicated Access Circuit to troubleshoot and restore Services;
2.12.4 interruption caused by tampering or interference with the Itec provided Equipment and/or Services, by the Customer and/or the User and/or any other third party outside the reasonable control of Itec;
2.12.5 interruption of Services not reported by the Customer and/or the User or for which no service request was logged by the Customer and/or the User in terms of the Response and Fault Procedures;
2.12.6 unavailability due to any Force Majeure event and/or power failure and/or environmental control failure including but not limited to equipment room air conditioning failure;
2.12.7 in instances where the RTT is reported as 0 (zero) or the measurement is unsuccessful, for whatever reason;
2.12.8 RTT and/or Packet Loss measurements during Overutilization periods;
2.12.9 planned network maintenance and emergency network maintenance times where the services are intentionally shut down by Itec for the purposes of such maintenance.
2.12.10 Periods during which planned maintenance was scheduled by Itec but requested to be delayed by the customer.

3. DOWNTIME
3.1 Planned downtime from time to time is necessary for network maintenance.
3.2 Itec will endeavour to give the Customer 7 (seven) days’ prior notice to any planned network maintenance. Itec will not, as far as is reasonably possible, carry out planned network maintenance during business hours.
3.3 If the planned network maintenance required is exclusive to the Customer and does not affect any other Itec customer/s, the Customer may submit a written request for the planned network maintenance to be delayed, provided such requested time is within a period not exceeding 5 (five) business days after the time originally proposed.
3.4 Emergency network maintenance is sometimes necessary due to unforeseen events or circumstances. If at all possible, Itec shall inform the Customer, as soon as is reasonably possible, of the dates and times of the emergency network maintenance to be provided.

4. PENALTIES FOR BREACH OF SERVICE LEVELS
4.1 Penalties will not apply in the event of any incident, failure or damages caused to the Equipment and/or Services by the Customer and/or the User(s), their personnel and/or any third party in any manner whatsoever.
4.2 Subject to the terms of the Agreement and this Schedule, should Itec fail to meet the Service Levels in a calendar month, Itec will be liable for the penalties as set out in Table 4.5, Table 4.6 and Table 4.7.
4.3 Itec will pass a credit on the relevant invoice for that month with the amount for the penalties due. The Customer will be liable to pay the Charges due as set out on the monthly invoice, less any credit passed for applicable penalties as shown on that specific invoice.
4.4 The maximum penalty payable will be 30% (thirty percent) of the monthly Charges for the iLink Business Service for the month in which the penalties are due. Penalty amounts will only apply to iLink Business Service Charges of the actual Site affected by non-performance and in case of multiple Sites, each Site will be treated in isolation.
4.5 Itec’s liability to the Customer for any claims and/or damages arising will be limited to the amounts due in respect of penalties in terms of this Schedule.
4.6 The calculation for the QoS components is not cumulative. The value of the penalty due shall be based on the component with the highest non-performance value.

Table 4.1: Site Classification
Classification of SiteInfrastructure Requirements
Standard·  Single CE Access Equipment on site

·  Single Dedicated Access Circuit (Fibre & Licensed Microwave only)

Premium·  Dual CE Access Equipment on Site

·  FHRP configured between routers

·  Dual Dedicated Access Circuits (Fibre & Licensed Microwave only)

Table 4.2: Service Availability – Service Levels
Network PathService Availability
SourceDestinationSite ClassificationService Levels
Itec SLA ProbeCE Access EquipmentPremium99.90%
Standard98.30%
Table 4.3: Quality of Service – Service Levels
Network PathRTTPacket Loss
SourceDestination
Itec SLA ProbeSite CE Access Equipment30ms<3%
Table 4.4: Dedicated Access Circuit – Service Levels
Access TypeAvailability
Single Dedicated Access Circuit (Fibre & Microwave only)98.30%
Single Dedicated Access Circuit (Fibre & Microwave only) with Broadband Access Circuit for secondary (fail-over) access98.30%
Dual Dedicated Access Circuit (Fibre & Microwave only)99.90%
Table 4.5: Service / Site Availability – Penalties
MeasurementPenalty ApplicableCalculation
%
(Percentage)
·   Maximum penalty amount of 30%

·   Applies to the monthly VPN Charges of the affected site(s) only

Below Guaranteed %Penalty %
0.01 > 2.002%
2.01 > 3.005%
3.01 > 4.0010%
4.01 > 5.0020%
5.01 +30%
Table 4.6: Quality of Service – RTT – Penalties
MeasurementPenalty ApplicableCalculation
Ms

(milliseconds)

·   Maximum penalty amount of 20%

·   Applies only to the Site(s) directly connected to the PE(s) of the affected Network Path

·   Applies to the monthly VPN Charges of the affected site(s) only

Above Guaranteed mSPenalty %
01 > 102%
11 > 205%
21 > 3010%
31 > 4015%
41 +20%
Table 4.7: Quality of Service – Packet Loss – Penalties
MeasurementPenalty ApplicableCalculation
%

(Percentage)

·   Maximum penalty amount of 20%

·   Applies only to the Site directly connected to the affected Dedicated Access Circuit

·   Applies to the monthly VPN Charges of the affected Dedicated Access Circuit only

Above Guaranteed %Penalty %
0.01 > 2.002%
2.01 > 3.005%
3.01 > 4.0010%
4.01 > 5.0015%
5.01 +20%

5. UPGRADES
5.1 The Customer further acknowledges and agrees that where technically feasible it is allowed to upgrade the of the iLink Business Service at any time during the Initial Period of the Service provided that one (1) calendar month’s prior written notice to that effect is given to Itec; but it is not allowed to downgrade the iLink Business Service during the Initial Period;
5.2 Any written notice received by Itec during the course of the month for the upgrade of the Line Speed of the iLink Business Service, as envisaged in clause 6.1, shall:
5.2.1 only be effective from the first day of the following month; and
5.2.2 the upgraded Service shall, with effect from the activation thereof, be extended for a minimum period of 24 (twenty four) months; and
5.2.3 the duly upgraded Service shall be provided by Itec subject to the provisions of this Service Schedule and the Service Order.

SCHEDULE 5: DEDICATED INTERNET ACCESS (DIA) SERVICE

1. PROVISIONING OF THE DEDICATED INTERNET ACCESS SERVICES AND CHARGES
1.1 The Customer acknowledges and agrees that the Dedicated Internet Access Service is provisioned via and reliant on the availability, capacity and quality of one or more of the following Itec Services which are not included as part of the DIA service –
1.1.1 the iLink Business VPN Service as per a separate Schedule;
1.1.2 the iNet Service as per a separate Schedule;
1.1.3 the Managed Hosting Services as per a separate Schedule.
1.2 The Customer shall be entitled to select the fixed Contention ratio on the Service Order –
1.2.1 in the case of a Contention Ratio of 1:1 the full DIA capacity is allocated to the Customer;
1.2.2 where the Contention ratio is 1:4 the allocated DIA capacity is shared with up to 4 (four) other customers and the available capacity of the service will therefore fluctuate between ¼ (one quarter) of the DIA capacity and the full capacity.
1.3 Itec undertakes to use its reasonable endeavours to provide the Customer with the DIA Service on a 24 (twenty-four) hour per day basis on every day for the continued duration of the Initial Period but does not guarantee continuous and fault free provision of the DIA service and shall not be responsible for the transmission of the DIA Service over any other electronic communications network not operated by Itec.
1.4 Itec may, in its sole discretion, change the coverage of its network or the capacity of its connections to other international networks or the list of designated points of presence as any time.
1.5 The Customer agrees that the DIA Service is rendered “as is” and “as available” and it is used at the Customer’s own discretion and risk. Itec does not warrant, represent or in any way guarantee, either expressly or by implication the merchantability or fitness for a particular purpose.
1.6 Itec will assign to the Customer’s DIA service Public Static IP addresses from allocated block of IP addresses upon request as per the Service Order. DIA Service with 1:4 Contention Ratio DIA service is allocated one usable public static IP address for a /30 subnet allocation, while 1:1 Contention Ratio service is allocated 5 (five) usable public static IP addresses for a /29 subnet allocation.
1.7 Additional public IP address requests are subject to –
1.7.1 Itec reserving the right to charge an activation and/or subscription fees for such requests;
1.7.2 because IP version 4 address space is in short supply, Itec may at its sole discretion refuse additional requests for IP address allocation in cases where the available IP address space allocated to Itec is severely limited;
1.7.3 Itec reserves the right to request that Customer provide adequate justification for such requests. This justification is to be in the form of network diagrams and/or documentation indicating the optimal use of existing IP addresses already allocated to Customer;
1.7.4 the Customer agrees that such public Static IP address assignments is not transferrable or portable to any other service provider and is on loan to the Customer for the duration of the Service Order. Upon cancellation of the Service such IP addresses will be recycled into Itec block of IP addresses.
1.8 Itec will not be liable for any loss of Service availability caused by incidents beyond Itec’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, Internet availability, IP transit provider(s), SYN attacks and/or any other Force Majeure Event.
1.9 The Customer acknowledges that the following circumstances and events may impact on quality and usage of the Dedicated Internet Access Service –
1.9.1 degradation of service on the Access Circuit and/or Dedicated Access Circuit;
1.9.2 Overutilization of available bandwidth;
1.9.3 congestion and or rate limitations on a third-party service provider network(s);
1.9.4 any action, omission and/or failure caused by the Customer and/or the User and/or its systems, software, network and/or equipment.

2. SERVICE LEVELS
2.1 Itec will endeavour, as far as is reasonable and within its control, to adhere to the Service Levels as specified in Table 5.1.

3. CHARGES
3.1 As payment for the provisioning of the Dedicated Internet Access Services, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

Table 5.1: Service Availability
ServiceService Availability Description
DIA Services99.9%

SCHEDULE 6: ILTE EXPRESS SERVICE

1. PROVISIONING OF THE ILTE EXPRESS SERVICE AND CHARGES
1.1 iLTE Express Service is provided as a low-cost access medium delivered over GSM mobile networks with optional redundant failover connections to the same location.
1.2 The iLTE Express Service is subject to physical on-site feasibility survey and Itec may at its discretion cancel an order for services that are non-feasible.
1.3 Itec will create the iLTE Express Service for the exclusive use of the Customer and its Users. The iLTE Express Service provides the Customer with either voice-only or data-only access as specified in the Service Order. Where iLTE Express service is used for voice services the Customer acknowledges that Itec does not have any control over the connectivity that is provided to run the voice solution as it does not terminate directly within the Itec network but utilizes the GSM networks and that Itec makes no guarantee or warranty with regards to the connectivity.
1.4 The iLTE Express Service is a Best Effort Service and is dependent on an adequate signal and network coverage. The Customer indemnifies Itec from any loss, whatsoever, arising as a result of any interruption or delay in the iLTE Express Service.
1.5 The infrastructure that supports the connectivity for this Service, is not provided or supported by Itec. Itec does not accept any liability for the management or malfunction of any third-party infrastructure.
1.6 The Charges for the iLTE Express Service specified on the Service Order specifies the included Bandwidth cap in Gigabyte of data. Once the included Bandwidth cap is depleted, any additional out-of-bundle data will be charged at the rate specified on the Service Order or Itec’s then prescribed rate per MB if unspecified.
1.7 All out-of-bundle rates and roaming charges on the SIM cards are for the Customer’s own account as stipulated in the Service Order.
1.8 Itec will provide the Customer with CE Access Equipment required to connect to the iLTE Express Service. Unless otherwise specified in writing the CE Access Equipment will remain the exclusive property of Itec. The Customer will not tamper with the CE Access Equipment in any way.
1.9 Upon termination of the Service for whatever reason, the CE Access Equipment together with the SIM card must be returned to Itec in full working order. The Customer will be liable for the cost of the CE Access Equipment and/or SIM card if not returned in full working order (fair wear and tear accepted).
1.10 As payment for the provisioning of the iLTE Express Services, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

2. SERVICE LEVELS
2.1 The infrastructure requirements and site classifications as set out in Table 6.1 will apply at the Site(s).
2.2 Repair or replacement of iLTE Express CE Access Equipment will be done, wherever possible, outside of the business hours.
2.3 All disruptions in iLTE Express services will be logged with the third-party supplier for resolution. Itec makes no warranty or guarantee with regards to iLTE Express services.

Table 6.1: Site Classification
Classification of SiteInfrastructure Requirements
LTE·  Single CE router on site
Table 6.2: Service Availability – Service Levels
Network PathService Availability
SourceDestinationSite ClassificationService Level Description
Itec SLA ProbeCE RoutersLTEBest Effort

SCHEDULE 7: INET APN SERVICE

1. PROVISIONING OF THE INET APN SERVICE
1.1 Itec shall provide the iNet APN service required to enable the Customer’s users to connect to their IP network, by use of an APN made available on the GSM network, the Customer’s mobile devices will be able to connect to the network by GPRS, 3G, 4G or LTE depending on the signal strength and supported local tower technology.
1.2 The Customer shall be responsible for its own mobile devices and infrastructure and shall implement such reasonable security measures in respect thereof to ensure that the security of the iNet APN Service is not compromised, or users use unrestricted out of bundle or roaming Data.
1.3 Itec will assign IP addresses to the Customer, and/or the User on a non-exclusive basis and based on the number of the Customer’s and/or the User‘s Workstations / Nodes and as required and used by the Customer and/or the User. These IP address blocks are for the Customer’s and/or the User‘s use only and Itec will not guarantee the routing of any entity other than the Customer, and/or the User even if such IP address is part of the block assigned to the Customer and/or the User.
1.4 IP addresses remain the property of Itec and are not portable or transferable. In the event that the Customer and/or the User discontinues the iNet Service, the Customer and/or the User will need to obtain new IP addresses and Itec will have no responsibility or liability for any costs or actions incurred by the Customer and/or the User in obtaining or reconfiguring its equipment with new IP addresses.
1.5 The Customer indemnifies Itec from any loss, whatsoever, arising as a result of the iNet APN Service.
1.6 All out of bundle rates and roaming charges on the SIM cards are for the Customer’s own account.

2. SERVICE LEVELS
2.1 The iNet APN Service is a Best Effort Service and is dependent on an adequate signal and network coverage and the mobile operator network infrastructure. The Customer indemnifies Itec from any loss, whatsoever, arising as a result of any interruption or delay in the iNet APN Service.
2.2 The infrastructure that supports the connectivity for this Service, is not provided or supported by Itec. Itec does not accept any liability for the management or malfunction of any third-party infrastructure.
2.3 All disruptions in iNet APN services will be logged by Itec with the relevant Mobile network for resolution. Itec makes no warranty or guarantee with regards to iNet APN services.

3. CHARGES
3.1 The Charges shall be exclusive of any costs associated with the provision of the iNet APN service, data transmitted or downloaded by means of the iNet APN Service.
3.2 As payment for the provisioning and monthly recurring Charges of the iNet APN Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.
3.3 As payment for the provisioning of the APN Base name, Data Bundle Charges, SIM card mobile Subscription fees, and SIM card data control portal fees, the Customer will be liable to pay Itec the Charges as specified in the Service Order.
3.4 Once the number of GB’s available in a Data Bundle as specified in the Service Order has been depleted, any additional data will be charged at Out-of-Bundle rates as set out in the Service Order.

SCHEDULE 8: IWALL MANAGED FIREWALL SERVICES

1. PROVISIONING OF THE IWALL MANAGED FIREWALL SERVICES AND CHARGES
1.1 The iWall Managed Firewall Services are provided for the exclusive use of the Customer and/or the User and is not provided for resale or use by third parties.
1.2 iWall Managed Firewall services are provided via and is reliant on a suitable Itec iLink Business VPN, DIA, iNet APN or in some cases iLink Broadband Service which is ordered on the Service Order, and therefore:
1.2.1 in the event of a network outage and/or failure of such services the iWall Managed Firewall Services will not function until the iLink Business VPN, DIA, iNet APN or in some cases iLink Broadband Service is restored.
1.2.2 the ability of the compatibility with certain iLink Broadband services is not guaranteed and Itec may at its discretion cancel an order for iWall Managed Firewall Services where the Service is not compatible with one or more of the Services on the Service Order.
1.3 Itec will configure the iWall Managed Firewall Services strictly in accordance with the Customer’s policies provided by the Customer to Itec. The Customer therefore hereby indemnifies Itec from any loss, whatsoever, arising from any inaccurate and/or incomplete information provided by the Customer.
1.4 Should the Customer require any changes to be made to the iWall Managed Firewall Services configuration, a formal change request must be logged by the Customer and/or the User with Itec in accordance with the Response and Fault Procedure. Itec reserves the right to charge for frequent and/or excessive changes required by the Customer to the configuration at Itec’s prevailing service rates; and at Itec’s discretion.
1.5 As payment for the provisioning of the iWall Managed Firewall Services the Customer will be liable to pay Itec the Charges as specified in the Service Order.

Table 8.1: Service Availability
ServiceService Availability Description
iWall Managed Firewall service99.9%

SCHEDULE 9: IVOICE SERVICES

1. PROVISIONING OF THE IVOICE SERVICE AND CHARGES
1.1 The iVoice Service is provided for the exclusive use of the Customer and is not provided for resale or use by third parties.
1.2 iVoice service is provided via Itec iLink Business service, or iLink Broadband service, or iLTE Express service, or SDWAN over Customer provided third party connectivity service and is dependent on such underlying access service performance and SLA.
1.3 When a Customer provided third party connectivity service is used for iVoice, it must provide industry standard Quality of Service mechanisms and assign the highest priority processing for voice traffic with latency under 30mS and provides at least 96Kbps per concurrent voice channel.
1.4 The iVoice Service is provisioned via and reliant on a fully operational Access Circuit and/or Dedicated Access Circuit and/or Cross-Connect or Customer provided third party connectivity to function. In the event of a network outage the iVoice Service will not function until the connectivity is restored.
1.5 Where the iVoice service is provided over a Customer provided third party connectivity the iVoice service shall be provided as best effort. The Customer indemnifies Itec from any loss, whatsoever, arising as a result of any interruption or delay in iVoice services as a result of any failure in the Customer provided third party connectivity.
1.6 The Customer will ensure that the PBX supplier or vendor is available to undertake any necessary programming and/or configuration changes required for the PBX to operate correctly with the iVoice Service whenever required.
1.7 Itec may provide the Customer with new telephone numbers allocated on the Core Network and/or activate the Customer’s ported numbers for use with the iVoice Service. Itec cannot in any way warrant or undertake to the Customer and/or the User that the Customer and/or the User will be provided with sequential telephone numbers. The Customer acknowledges and agrees that Itec cannot guarantee that the Customer will, in the event of a termination and subsequent re-activation, be allocated the same telephone numbers previously allocated to the Customer.
1.8 Itec will provide the customer with CLID and/or DID/DDI Service for numbers belonging to Itec and/or ported to Itec. Itec will not be able to provide CLID and/or DID/DDI Service for numbers not belonging to Itec and/or ported to Itec.
1.9 No telephone number shall be ported out to another service provider for the duration of these Terms and Conditions and that Itec has the right to approve or decline such port out request in line with ICASA regulations.
1.10 The iVoice Service does not function in the event of a power outage, PSTN outage and/or PBX failure. Should there be such an outage/failure, the iVoice Service will not function until the outage is restored. Itec may require the Customer and/or the User to reset or reconfigure the Equipment after restoring such an outage.
1.11 Devices including modems, point of sale devices, facsimile machines and security systems are not supported by the iVoice Service. The Customer hereby waives any claim against Itec for the iVoice Service being unavailable for use with such devices/systems/machines.
1.12 Itec will assign IP addresses to the Equipment on a non-exclusive basis. IP addresses remain the property of Itec and are not portable or transferable. In the event that the Customer discontinues the iVoice Service, the Customer will need to obtain new IP addresses and Itec will have no responsibility or liability for any costs or actions incurred by the Customer to reconfigure any equipment.
1.13 The Customer shall notify Itec in writing of the connection of any third-party equipment not supplied by Itec to the Customer’s network and/or Equipment and/or any changes in the configuration of any Equipment during the term of the Agreement as these might interfere with the iVoice Service. Itec will not be liable for any claims and/or damages incurred as a result of such an action by the Customer and/or the User.
1.14 Itec will not be liable for any claims and/or damages incurred as a result of porting delays caused by third party suppliers or the Customers previous voice provider.
1.15 The following circumstances and events may impact on quality and usage of the iVoice Service –
1.15.1 degradation of service on the Access Circuit and/or Dedicated Access Circuit and/or Cross-Connect;
1.15.2 Overutilization of available Bandwidth;
1.15.3 degradation of service on the PSTN or mobile networks; or
1.15.4 any action, omission and/or failure caused by the Customer and/or the User and/or its systems, software, network and/or equipment.
1.16 The Customer and/or the User is responsible for dialling the correct telephone number. Itec shall not be held liable for VoIP communication terminated at an incorrect terminating party arising out of such an action.
1.17 The Customer acknowledges that the iVoice Service cannot terminate all emergency numbers and VAS numbers.
1.18 Itec is under no obligation to validate or investigate the authenticity of any telephone calls originating and/or terminating from/on the Site(s). Itec will not be liable for any fraudulent and/or unauthorised telephone calls originating and/or terminating from/on the Site(s). It is the responsibility of the Customer and/or the User to notify Itec in the event of suspected fraud, unauthorised use and/or abuse.
1.19 Call termination dependant on third party networks are provided as a Best-Effort. Calls to and from mobile numbers cannot be guaranteed as they are dependent on remote party mobile signal.

2. CHARGES
2.1 As payment for the provisioning of the iVoice Service the Customer will be liable to pay Itec the Charges as specified in the Service Order and categorised by Itec according to the specified destination rate for Local calls, National calls, Mobile Calls, Inbound Calls, Inter-branch calls, International calls and Special calls. The Customer acknowledges that:
2.1.1 Itec reserves to adjust the charges for International calls from time to time in accordance to its current rate table depending on the rate of exchange at its sole discretion without prior notice;
2.1.2 Itec reserves to adjust the charges for Special calls from time to time in accordance with the costs from third party network operators value added service call rates, at Itec’s sole discretion and without prior notice
2.2 The Charges shall be exclusive of any costs associated with the VPN Service and/or the Access Circuit and/or Dedicated Access Circuit and/or Cross-Connect.
2.3 The Charges shall be calculated by Itec monthly in arrears on the actual call usage emanating from the Customer and/or the User.
2.4 Calls are billed per second rounded up to the nearest 1 (one) cent, then totalled as a minute value and billed as a quantity of minutes for the month for each call Destination.
2.5 Where the iVoice service includes a fixed minute bundle:
2.5.1 Voice minute bundles shall be billed monthly in advance;
2.5.2 The voice bundle is valid within a given calendar month and unused voice minutes specifically does not carry over to a new month. Itec reserves the right at its sole discretion to cancel the voice minute bundle service due to changes in legislation which requires voice minute bundles to carry over to a subsequent month, at which time calls shall be billed at the calculated per-minute rate for such voice bundle;
2.5.3 Voice minute bundles are only valid for and may only be used for Local calls, National calls, and Mobile Calls, while Special calls and International calls will be billed according to Itec standard rate table and paragraph 2.1 hereto.
2.5.4 All Call usage over and above the bundle rate shall be billed at the out of bundle voice rate listed in the Service order.
2.6 Prices are exclusive of VAT.

SCHEDULE 10: IFAX SERVICE

1. PROVISIONING OF THE IFAX SERVICE AND CHARGES
1.1 iFax service is an email-to-fax and fax-to-email service provided via the Internet to and from a DDI number. The Service is dependent on the Customer’s email service being fully functional and not listed with any anti-spam blocking services which is the responsibility of the Customer to maintain.
1.2 In the case of an iFax device license, the Customer will ensure that the MFP supplier or vendor is available to undertake any necessary programming and/or configuration changes required for the MFP to operate correctly with the iFax Service whenever required.
1.3 The iFax Service is provisioned via and reliant on an Access Circuit and/or Dedicated Access Circuit and requires a fully functioning Access Circuit and/or Dedicated Access Circuit to function. In the event of an Access Circuit and/or Dedicated Access Circuit outage, the iFax Service will not function until such outage is restored.
1.4 In the case of an iFax user license, the iFax Service is provisioned via and reliant on a fully working email service and valid email address provided by the Customer to Itec. In the event of a network outage and/or email service related outage, the iFax Service will not function until such outage is restored.
1.5 Itec may provide the Customer with new telephone numbers allocated on Itec’s network and/or activate the Customer’s ported numbers for use with the iFax Service. Itec cannot in any way warrant or undertake that the Customer and/or the User will be provided with sequential telephone numbers. In the event of a termination and subsequent re-activation, Itec cannot guarantee that the Customer will be allocated the same telephone numbers previously allocated to the Customer.
1.6 Itec will provide the customer with CLID and/or DID/DDI Service for numbers belonging to Itec and/or ported to Itec. Itec will not be able to provide CLID and/or DID/DDI Service for numbers not belonging to Itec and/or ported to Itec.
1.7 No telephone number shall be ported out to another service provider for the duration of these Terms and Conditions and Itec has the right to approve or decline such port out request in line with ICASA regulation.
1.8 The iFax Service does not function in the event of a power outage, PSTN outage and/or MFP failure. Should there be such an outage/failure, the iFax Service will not function until the outage is restored. Itec may require the Customer and/or the User to reset or reconfigure the Equipment after restoring such an outage.
1.9 Itec will assign IP addresses to the Equipment on a non-exclusive basis. IP addresses remain the property of Itec and are not portable or transferable. In the event that the Customer discontinues the iFax Service, the Customer will need to obtain new IP addresses and Itec will have no responsibility or liability for any costs or actions incurred by the Customer to reconfigure any Equipment.
1.10 The Customer shall notify Itec in writing of the connection of any third-party equipment not supplied by Itec to the Customer’s network and/or Equipment and/or any changes in the configuration of any Equipment during the term of the Agreement as these might interfere with the iFax Service. Itec will not be liable for any claims and/or damages incurred as a result of such an action by the Customer and/or the User.
1.11 The following circumstances and events may impact on quality and usage of the iFax Service –
1.11.1 degradation of service on the Access Circuit and/or Dedicated Access Circuit;
1.11.2 Overutilization of available bandwidth;
1.11.3 degradation of service on the PSTN; or
1.11.4 any action, omission and/or failure caused by the Customer and/or the User and/or its systems, software, network and/or equipment.
1.12 The Customer and/or the User are responsible for dialling the correct number. Itec shall not be held liable for FoIP communication terminated at an incorrect terminating party arising out of such an action.
1.13 The iFax Service cannot terminate all emergency numbers and VAS numbers.
1.14 Itec is under no obligation to validate or investigate the authenticity of any calls originating and/or terminating from/on the Site(s) via the iFax Service. Itec will not be liable for any fraudulent and/or unauthorised telephone calls originating and/or terminating from/on Site(s). It is the responsibility of the Customer and/or the User to notify Itec in the event of suspected fraud, unauthorised use and/or abuse.

2. CHARGES
2.1 As payment for the provisioning of the iFax Service the Customer will be liable to pay Itec the Charges as specified in the Service Order.
2.2 The Charges for the iFax Service shall be billed monthly in advance for each device and/or user license issued to the Customer.
2.3 The Charges for the calls, originating from the iFax Service, shall be calculated by Itec monthly in arrears on the actual fax/call usage, calculated per second, originating from the Customer.

SCHEDULE 11: IPBX SERVICE

1. PROVISIONING OF THE IPBX SERVICE
1.1 The iPBX Service is provisioned via and reliant on a Dedicated Access Circuit and/or Broadband Access Circuit and requires a fully functioning Dedicated Access Circuit and/or Broadband Access Circuit to function. In the event of a network outage the iPBX Service will not function until the Dedicated Access Circuit and/or Broadband Access Circuit is restored.
1.2 The iPBX Service does not function in the event of a power outage, PSTN outage and/or Customer’s LAN failure. Should there be such an outage/failure, the iPBX Service will not function until the outage is restored. Itec may require The Customer to reset or reconfigure the Equipment after restoring such an outage.
1.3 Only Itec provided DECT/Wi-Fi base stations, handsets and consoles are supported by the iPBX Service. The Customer acknowledges that DECT coverage cannot be guaranteed.
1.4 Only Itec prescribed network devices such as, but not limited to, routers and network switches are supported by the iPBX Service.
1.5 Itec will assign IP addresses to the Equipment on a non-exclusive basis. IP addresses remain the property of Itec and are not portable or transferable. If the Customer discontinues the iPBX Service, the Customer will need to obtain new IP addresses and Itec will have no responsibility or liability for any costs or actions incurred by the Customer to reconfigure any equipment.
1.6 The Customer shall notify Itec in writing of the connection of any third-party equipment not supplied by Itec to the Customer’s network and/or Equipment and/or any changes in the configuration of any Equipment during the term of the Agreement as these might interfere with the iPBX Service. Itec will not be liable for any claims and/or damages incurred as a result of such an action by the Customer.
1.7 The following circumstances and events may impact on quality and usage of the iPBX Service –
1.7.1 degradation of service on the Access Circuit and/or Dedicated Access Circuit;
1.7.2 Overutilization of available bandwidth; or
1.7.3 any action, omission and/or failure caused by the Customer and/or its systems, software, network and/or equipment.
1.8 The Customer is responsible for dialling the correct telephone number. Itec shall not be held liable for VoIP communication terminated at an incorrect terminating party arising out of such an action.
1.9 The iPBX Service cannot terminate all emergency numbers and VAS numbers.
1.10 Itec will not be liable for any fraudulent and/or unauthorised telephone calls originating and/or terminating from/on the Customer Site(s). It is the responsibility of the Customer to notify Itec in the event of suspected fraud, unauthorised use and/or abuse.
1.11 Itec will not be liable for any loss of Service availability caused by incidents beyond Itec’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, Internet availability, IP transit provider(s), SYN attacks and/or any other Force Majeure Event.
1.12 Remote support:
1.12.1 The CSOC is available to assist with unlimited remote support iPBX Service queries during business days and limited remote support after hours wherever remote access is possible.
1.13 On-Site technical support:
1.13.1 Where the CSOC is not able to resolve a query remotely, Itec will dispatch an Itec engineer to attend to the query at the Site(s) at additional cost as set out in Itec’s price list, at the prescribed rates.
1.14 Itec’s engineers are skilled on all Itec’s product ranges and applications and will –
1.14.1 focus on diagnosing any problem(s) that may be encountered, especially in environments that are implementing changes to their networks as part of running their business;
1.14.2 recommend a course of action; and
1.14.3 attempt to find a fix or work-around as quickly as possible.

2. PROVISIONING OF THE MANAGED VOICE SERVICES
2.1 Itec will provide the Customer with the selected MVS, as per the Service Order, during business days in respect of the handset(s) and/or Software supplied by Itec to the Customer as follows –
2.1.1 Managed Seat Service is an unlimited telephonic and/or remote assistance according to the change request and/or issue logged as per Response and Fault Procedures. The Managed Seat Service shall exclude the following –
2.1.1.1 the repair of faults arising from equipment, not supplied by Itec, connected to the Customer’s network;
2.1.1.2 the repair of faults arising from any relocation of and/or modifications to the iPBX Service not authorised by Itec; and
2.1.1.3 the repair of faults arising out of the Customer’s and/or End User’s negligence and/or malicious damage to the iPBX Service and/or Equipment.
2.1.2 TMS Service is a telephone management service accessible via a secure online web portal providing detailed call records and billing per user and/or extension.
2.1.3 The TMS Service is a compulsory Service and will only be applicable on users and/or extensions provisioned via the iPBX Service.
2.1.4 Voice Logging Service is a Service that provides the encrypted voice recording of selected user(s) and/or extension(s) inbound and/or outbound calls.
2.1.5 Itec will store the recordings for a period of 4 (four) years and make them available to the Customer on demand via a secure online web portal.
2.1.6 The Voice Logging Service will only be applicable on users and/or extensions provisioned via the iPBX Service. The Customer acknowledges that the availability of this Service is dependent on a third-party service provider’s infrastructure and as such the Voice Logging Service might not always be within Itec’s control. The Customer indemnifies Itec against any loss or damage, whether direct or consequential, and/or any costs, claims or demands of any nature outside of Itec’s control.
2.1.7 UCC Service allows the Customer and/or the User access to Itec’s UCC Services accessible via mobile and desktop Software. Mobile and desktop devices typically connect via the Customer WiFi and/or mobile internet data connection, which may not be provided by Itec. The Customer acknowledges that Itec will not be liable for any loss or damages suffered by The Customer as a result of loss in service while utilizing WiFi and/or mobile internet data connections.
2.1.8 Dedicated Hosted Controller, iPBX Service provides the Customer and/or the User with a dedicated hosted iPBX instance on Itec’s infrastructure allowing for customized features and flexibility.
2.1.9 Notwithstanding the provisioning of MVS, in the event of the Equipment being beyond repair and Itec exhausting all attempts to repair, the Equipment might need to be replaced which is the sole responsibility of the Customer. Itec is not liable for the replacement of Equipment.
2.1.10 Unless otherwise specified in a Service Order MVS exclude onsite support services and Itec will bill the Customer for services as per Itec’s then current rates.

3. SERVICE LEVELS AND CALCULATION OF SERVICE LEVELS
3.1 Itec will, as far as is reasonable and within its control, adhere to the Service Availability set out in the Service Order.
3.2 Itec will calculate the monthly adherence to the Service Levels per individual Site.

4. CHARGES
4.1 As payment for the provisioning of the iPBX Service and Managed Voice Services the Customer will be liable to pay Itec the MVS Charges as specified in the Service Order.
4.2 MVS Charges shall be billed monthly in advance.

SCHEDULE 12: VOICEGATE SERVICES

1. PROVISIONING OF THE VOICEGATE SERVICE
1.1 The Voicegate Service is provisioned via and reliant on an Access Circuit and/or Dedicated Access Circuit supplied by Itec and requires a fully functioning Access Circuit and/or Dedicated Access Circuit to function. Some parts of the Access Circuit may rely on a third-party supplier infrastructure. In the event of a network outage the Voicegate Service will not function until the Access Circuit and/or Dedicated Access Circuit is restored. The Customer indemnifies Itec against any loss or damage, whether direct or consequential, and/or any costs, claims or demands of any nature outside of Itec’s control.
1.2 Itec may provide the Customer with new telephone numbers allocated on Itec’s network and/or activate the Customer’s ported numbers for use with the Voicegate Service. Itec cannot in any way warrant or undertake that the Customer will be provided with sequential telephone numbers. In the event of a termination and subsequent re-activation Itec cannot guarantee that the Customer will be allocated the same telephone numbers previously allocated to the Customer.
1.3 Itec will only provide the Customer with CLID and/or DID/DDI Service for numbers belonging to Itec and/or ported to Itec. Itec will not be able to provide CLID and/or DID/DDI Service for numbers not belonging to Itec and/or ported to Itec.
1.4 Itec has the right to approve or decline any port out request of any telephone number to be ported out to another service provider for the duration of these Terms and Conditions.
1.5 The Voicegate Service does not function in the event of a power outage, PSTN outage and/or Customer LAN failure. Should there be such an outage/failure, the Voicegate Service will not function until the outage is restored. Itec may require the Customer to reset or reconfigure the Equipment after restoring such an outage.
1.6 Only Itec approved handsets and consoles are supported by the Voicegate Service. Where Itec supplies such handsets and consoles, provisioning is included in the basic installation fee. Where the Customer supplies such handsets and consoles, Itec will, at an additional charge, where deemed necessary, determine the fitness of the handset or console and perform provisioning required to enable the handset or console to function with the Voicegate Service.
1.7 Handsets or consoles supplied by the Customer are not covered by Itec’s warranty or any service level agreement. Service provided on such handsets or consoles will be billed at the then Itec prescribed rates.
1.8 The Voicegate Service does not support voice over WiFi. Itec does not guarantee the range or performance of any WiFi or DECT solution.
1.9 Only Itec supplied network devices such as, but not limited to, routers and network switches are supported by the Voicegate Service.
1.10 Itec will provision the Equipment to function with the Voicegate Service. On contract termination, the Customer will be responsible for Equipment reconfiguration.
1.11 Any public IP addresses assigned to the Equipment is on a non-exclusive basis. IP addresses remain the property of Itec and are not portable or transferable.
1.12 The Customer shall notify Itec in writing of the connection of any third-party equipment not supplied by Itec to the Customer’s network and/or Equipment and/or any changes in the configuration of any Equipment during the term of the Agreement as these can interfere with the Voicegate Service. Itec will not be liable for any claims and/or damages incurred as a result of such an action by the Customer.
1.13 The following circumstances and events may impact on quality and usage of the Voicegate Service:
1.13.1 degradation of service on the Access Circuit and/or Dedicated Access Circuit;
1.13.2 Overutilization of available bandwidth; and
1.13.3 any action, omission and/or failure caused by the Customer and/or its systems, software, network and/or equipment.
1.14 The Customer is responsible for dialling the correct telephone number. Itec shall not be held liable for VoIP communication terminated at an incorrect terminating party arising out of such an action.
1.15 The Voicegate Service cannot terminate all emergency numbers and VAS numbers.
1.16 Itec will not be liable for any fraudulent and/or unauthorised telephone calls originating and/or terminating from/on the Customer Site(s). It is the responsibility of the Customer to notify Itec in the event of suspected fraud, unauthorised use and/or abuse.
1.17 Itec will not be liable for any loss of Service availability caused by incidents beyond Itec’s reasonable control, including denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, Internet availability, IP transit provider(s), SYN attacks and/or any other Force Majeure Event.
1.18 The Voicegate Service excludes onsite support services, where the CSOC is not able to resolve a query remotely Itec will dispatch an Itec engineer to attend to the query at the Site(s) at additional cost as set out in Itec’s then prescribed rates.
1.19 Mobile and desktop devices typically connect via the Customer’s WiFi and/or mobile internet data connection, which may not be provided by Itec. The Customer acknowledges that Itec will not be liable for any loss or damages suffered by the Customer as a result of loss in service while utilizing WiFi and/or mobile internet data connections.
1.20 Voicegate Service and CE Equipment contains third party software under the GNU General Public License (GPL). Voicegate uses software under the specific terms of the GPL. Please refer to the GPL for the exact terms and conditions of the license. The original GPL license, source code of components licensed under GPL and used in Yealink products can be provided on request.

2. CHARGES
2.1 As payment for the provisioning of the Voicegate Service and call usage the Customer will be liable to pay Itec the Voicegate and Call Charges as specified in the Service Order.
2.2 Voicegate Charges shall be billed monthly in advance.
2.3 Call Charges shall be calculated by Itec monthly in arrears on the actual call usage, calculated per second, originating from the Customer.

SCHEDULE 13: HOSTED EXCHANGE, DOMAIN HOSTING AND OFFICE 365

1. FACILITATION OF THE HOSTED EXCHANGE SERVICE AND CHARGES
1.1 Itec will facilitate, through a third-party supplier, the Hosted Exchange Service required to enable the Customer’s Users to connect to the Service, by use of an Internet enabled network.
1.2 The Customer shall be responsible for its own administration of the service and shall implement such reasonable security measures in respect thereof to ensure that the security of the Hosted Exchange Service is not compromised.
1.3 Itec will assist the Customer, as far as reasonably possible, in cutting over the service. The Customer acknowledges that they are responsible for the installation of the Service on all Workstations and Nodes.
1.4 The Customer is responsible for data retention being implemented and maintained according to the Customer’s appropriate IT policies.
1.5 Itec and their partners use anti-virus and anti-spam and certain messages containing viruses will be removed if identified. The Customer will ensure that emails are sent without any viruses and indemnifies Itec from any loss as a result of emails that were flagged as spam or viruses and subsequently deleted. Itec will not be responsible for retaining any of the Customer’s data after termination of the service.
1.6 The Customer indemnifies Itec from any loss, whatsoever, arising as a result of the Hosted Exchange Service.
1.7 The Charges shall be exclusive of any costs associated with the facilitation of the Hosted Exchange Service, data transmitted or downloaded by means of the Hosted Exchange Service.
1.8 As payment for the facilitation of the Hosted Exchange Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

2. FACILITATION OF THE DOMAIN HOSTING SERVICE AND CHARGES
2.1 Itec will facilitate, through a third-party supplier, the Domain Hosting Service required to enable the Customer’s domain name to be advertised across the Internet, whether by its own infrastructure or through an authorised upstream provider.
2.2 The Customer shall be responsible for its own administration of the Service and shall implement such reasonable security measures in respect thereof to ensure that the security of the Domain Hosting Service is not compromised.
2.3 Itec will assist as far as reasonably possible to assist the Customer in cutting over the Service. The Customer is responsible for providing clear instruction and that Itec will implement changes as requested by the Customer.
2.4 The Customer indemnifies Itec from any loss, whatsoever, arising as a result of the Domain Hosting Service.
2.5 The Charges shall be exclusive of any costs associated with the facilitation of the Domain Hosting Service, data transmitted or downloaded by means of the Domain Hosting Service.
2.6 As payment for the facilitation of the Domain Hosting Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

3. FACILITATION OF THE OFFICE 365 SERVICE AND CHARGES
3.1 Itec will facilitate, through a third-party supplier, the Office 365 Service required to enable the Customer’s Users to connect to the Service, by use of an internet enabled network.
3.2 The Customer shall be responsible for its own administration of the Service and shall implement such reasonable security measures in respect thereof to ensure that the security of the Office 365 Service is not compromised.
3.3 Itec will assist the Customer, as far as reasonably possible, with the cutting over of the Service, The Customer is responsible for the installation of the Service on all Workstations and Nodes.
3.4 The Customer indemnifies Itec from any loss, whatsoever, arising as a result of the Office 365 Service.
3.5 The Charges shall be exclusive of any costs associated with the facilitation of the Office 365 Service, data transmitted or downloaded by means of the Office 365 Service.
3.6 As payment for the facilitation of the Office 365 Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

SCHEDULE 14: HOSTING SERVICES

1. PROVISIONING OF THE EQUIPMENT HOSTING SERVICE
1.1 In order for Itec to provide the Equipmentr Hosting Service, the following are required –
1.1.1 Server;
1.1.2 Operating Software; and
1.1.3 SPLA Software.
1.2 The Server will be housed at the Colocation. The Customer shall under no circumstances be entitled to remove the Server from the Colocation irrespective of whether such Server is a physical Customer-supplied Server; or housed within Itec’s hosting environment.
1.3 For physical hosting, Itec will provide Rack Space Services to the Customer in accordance with the Rack Space product selected by the Customer on the Service Order.
1.4 The peak outbound traffic rate to the internet or NNI interfaces will be limited to the Direct Internet Access or NNI service as subscribed to for the Server by the Customer with Itec. Overutilization of either Direct Internet Access or NNI services by the Server may impact on the order’s performance. It is the sole responsibility of the Customer to increase Internet or NNI capacity to the Server to suit the Customer’s order.
1.5 The Service shall not be used by the Customer for the purposes of bulk downloading from the Internet by using the hosted server as a traffic proxy or tunnel relay.
1.6 Failure to comply with clause 1.6 shall constitute a breach of the Server Hosting Services with an uncapped traffic allowance. Should the Customer not rectify the breach in the month subsequent to notification by Itec, Itec reserves the right to terminate the Service unconditionally.

2. PROVISIONING OF RACK SPACE
2.1 If a physical Server is provided by the Customer to Itec to Host –
2.1.1 the Customer will deliver the Server to the Location at its own cost;
2.1.2 Customer will be responsible for the set-up and configuration as well as the warranty of the Server; and
2.1.3 the Customer warrants and represents that it is the owner of the Server and/or that it has the right to be in possession of the Server. Itec shall not be liable for and the Customer indemnifies Itec against any claim or losses incurred by Itec as a result of the Customer’s breach of the aforementioned warranty.
2.1.4 All back-ups and Server hardware are the sole responsibility of the Customer. Itec will not be liable for any losses or damages the Customer may suffer as a result of Customer’s failure to perform back-ups or any failure in customer Server hardware.
2.1.5 all risk of loss, damage and/or destruction of or to the Server whilst housed at the Location shall remain vested in the Customer, and the Customer shall make its own arrangement regarding the insurance thereof.
2.2 If the Server is provided by Itec –
2.2.1 unless supplied with the Server, the Customer will be responsible for providing relevant virtualization, clustering and backup software. Itec’s responsibility is limited to the initial configuration of the virtualization environment;
2.2.2 installation of the Customer specific virtual machine operating system and application software is the sole responsibility of the Customer;
2.2.3 apart from facilitating the Server’s manufacturer warranty, Itec will not be responsible for the Server including maintenance, repair, virus protection, upgrades, updates, security updates/patches or the like; and
2.2.4 Itec’s responsibility to back-up any data on the Server is limited to automated centralised management utilities for virtual server-based cluster redundancy between two or more of the customer’s Servers. All other back-ups are the sole responsibility of the Customer. Itec will not be liable for any losses or damages the Customer may suffer as a result of Customer’s failure to perform back-ups.
2.3 The Server or any other Equipment in Itec’s possession, which relates to Rack Space, shall be held by Itec as security for the Customer’s fulfilment of all its obligations with regard to Rack Space Services.
2.4 Itec shall be responsible for the installation which shall include the following –
2.4.1 allocation of hosting space for the Server in accordance with the Customer’s selection in the Service Order;
2.4.2 allocation of an IP Address and/or additional IP Addresses (if selected on the Service Order) for the Server to enable a connection from the Server to Itec’s network and enable and facilitate the transmission of Data Traffic as well as the provision of the relevant IP Address information (including IP gateway’s, DNS servers and subnet information) and Customer identifiers to the Customer.
2.4.3 provisioning the amount of Internet bandwidth, in accordance with Customer’s choices in the Service Order; and
2.4.4 configuration of a unique VLAN.
2.5 Except if otherwise stated, Itec shall grant the Customer access to the Server either remotely or at the Location and the Customer agrees to be bound by Itec’s security policies and/or it’s occupational health and safety rules.
2.6 Itec will use reasonable endeavours to provide a smooth, uninterrupted electrical power supply to the Server. Other than as specifically provided in the Terms and Conditions, Itec will not be liable for any loss or damage as a result of any interruption in the electrical power supply.

3. PROVISIONING OF VIRTUAL SERVERS
3.1 Virtual servers will be provisioned individually as per the Service Order with virtual Processor (“vCPU”), virtual Memory (“vRAM”) and virtual storage space (“vStorage”) in addition to backup storage equal to the vStorage in use up to the capacity of the vStorage on the Service Order Form.
3.2 The Customer is required to use Itec hosted Microsoft Windows Server licenses if the Virtual Server operating system requires Microsoft Windows Server.
3.3 The Customer is required to use Itec hosted Microsoft Office licenses if the Virtual Server operating system requires Microsoft Office.
3.4 Itec retains backups for a maximum of 3 (three) weeks after which backups are deleted. The Customer is responsible to make long term backups.
3.5 Virtual server hosting requires either iLink Business and/or Itec DIA to function.

4. PROVISIONING OF OPERATING SOFTWARE
4.1 The Operating Software needs to be installed by the Customer in accordance with the inherent software license agreement attached to the applicable Operating Software and subject to the provisions of this clause. The Customer will acquire such rights to the Operating Software, as allowed by such licenses.
4.2 Itec will not be responsible for any software and/or applications not supplied and installed by Itec, including the licensing thereof.
4.3 The Customer agrees that any Unsupported Software contemplated in this clause 3 required and loaded, if allowed, by the Customer on the Customer’s Server will be its own responsibility and is loaded at its sole risk and responsibility. The licensing of all such installed Unsupported Software shall be the sole responsibility of the Customer. All Unsupported Software shall be licensed in accordance with the vendor’s software and/or application license agreements. Itec retains the right to carry out routine checks to validate such software license agreements.
4.4 The Customer will be solely responsible for all the maintenance and/or updates/patches of whatever nature installed in terms of this clause 3.
4.5 The Customer acknowledges that Itec shall not be held responsible for any Unsupported Software installed on the Server and such software, where allowed by Itec, is installed at the Customer’s sole risk and responsibility. Itec expressly disclaims any direct, indirect, incidental, special, punitive or consequential losses or damages suffered by the Customer or which Customer may suffer as a result of installation of such Unsupported Software.
4.6 The Customer warrants that all installed Unsupported Software as contemplated in clause 5 are and will remain licensed properly according to vendors’ license agreements.
4.7 The Customer warrants that all licenses of installed Unsupported Software are valid and up to date and the Customer shall ensure that all such licenses are renewed timeously to ensure that it remain valid licenses.
4.8 The Customer shall at all times fully comply with the relevant vendor’s software license agreements and any other relevant terms and conditions.
4.9 The Customer hereby indemnifies and holds Itec harmless against any claims arising as a result of –
4.9.1 the Customer’s non-compliance with relevant vendor terms and conditions in relation to the software;
4.9.2 improper installation of the software;
4.9.3 being in possession of invalid software licenses (including but not limited to expired licenses);
4.9.4 unauthorized use, access, copying, upgrades, patches, reimaging, reproduction and/or distribution of software; or
4.9.5 the Customer’s including its employees’, agents’, and/or contractors’ continued distribution of an allegedly infringing software after Itec has notified Customer to discontinue such infringement.
4.10 The Customer shall be liable to Itec for payment of all damages, fines, costs, expenses, interest, including any attorney fees incurred or that may be incurred by Itec as a result of any of the aforesaid actions or omissions contemplated in this clause 3.

5. SERVICE LEVEL AGREEMENT
5.1 Itec will, as far as is reasonable and within its control, adhere to the service availability set out in the Service Order.

6. PENALTIES FOR BREACH OF SERVICE LEVELS
61 Penalties will not apply in the event of any incident, failure or damages caused to the Server and/or Services by the Customer and/or the User(s), their personnel and/or any third party.
6.2 Subject to the terms of the Agreement and this Schedule, should Itec fail to meet the Service Levels over a consecutive period of 3 (three) months, provided that no 3 (three) month period or any period forming part of such 3 (three) month period shall be used more than once for the purpose of calculating the reduction in terms of this clause in a calendar month Itec will be liable for the penalties as set out in Table 14.1.
6.3 Itec will pass a credit on the relevant invoice for that month with the amount for the penalties due. The Customer will be liable to pay the Charges due as set out on the monthly invoice, less any credit passed for applicable penalties as shown on that specific invoice.
6.4 The maximum penalty payable will be 30% (thirty percent) of the monthly Server Hosting Service Charges for the affected Server for the month in which the penalties are due. Penalty amounts will only apply to the Server at the actual Location affected by non-performance and in case of multiple Locations, each will be treated in isolation.
6.5 Itec’s liability to the Customer for any claims and/or damages arising will be limited to the amounts due in respect of penalties in terms of this Schedule.

7. CHARGES
7.1 As payment for the provisioning of the Server Hosting Service the Customer will be liable to pay Itec the Server Hosting Charges as specified in the Service Order.
7.2 Service Hosting Charges shall be billed monthly in advance.

Table 14.1: Penalties
MeasurementPenalty ApplicableCalculation
%

(Percentage)

·   Maximum penalty amount of 30%

·   Applies only to the Location directly affected

·   Applies to the monthly Server Hosting Charges of the affected Server only

Above Guaranteed %Penalty %
0.01 > 2.002%
2.01 > 3.005%
3.01 > 4.0010%
4.01 > 5.0020%
5.01 +30%

SCHEDULE 15: GUEST WIFI HOTSPOT SERVICE

1. PROVISIONING OF THE GUEST WIFI HOTSPOT SERVICE
1.1 Itec will provide the Guest WiFi Hotspot Service to the customer via Itec approved WiFi Access point hardware, licensing and a hosted cloud Hotspot access platform.
1.2 The Customer will determine the specific guest WiFi Hotspot service offering to its Users in line with the capabilities of the WiFi Access Point hardware and the Itec hosted WiFi Hotspot platform technical capability.
1.3 Itec does not make any guarantee to the availability, performance, speed, signal coverage, response times or availability of websites related to the Guest WiFi Hotspot Service and the Customer acknowledges that due to the nature of WiFi and the Internet the Service is strictly provided as Best Effort. Itec will not be liable to the Customer or its Users in any way whatsoever should the Service not be available.
1.4 Use of the Guest WiFi Hotspot Service is provided entirely at the Customers own risk and Itec will not accept any liability for any losses incurred as a result of using the Service.
1.5 The Customer acknowledges that the Guest WiFi Hotspot service is unsecured and information sent over the service may be visible to others. Itec is not responsible for the privacy or security of the information that traverses the service and cannot be held liable in any way for any losses which may occur as a result of sending confidential information over the service.
1.6 Because there are many different manufacturers of WiFi compatible devices, Itec cannot guarantee the compatibility of User devices with the Guest WiFi Hotspot Service and as such Itec will not be liable for the inability of User devices not being able to utilize the service.
1.7 The Customer and/or its Users is responsible for providing antivirus and/or anti-malware protection on the Customer and/or the User device used to access the service. Itec will not be liable for any damage to the Customer and/or end user device as a result of damage caused by Computer viruses and/or Malware which may be downloaded while using the service.
1.8 Itec is not responsible for the safety of the Customer or the User device, configuration, security or data files as a result of accessing the service.
1.9 The Customer is fully responsible for managing User access to the Guest WiFi Hotspot Service.
1.10 As payment for the provisioning of the WiFi Guest Hotspot Serivce the Customer will be liable to pay Itec the Charges as specified in the Service Order.

2. MAINTENANCE AND WARRANTY
2.1 The Guest WiFi Hotspot hardware shall be maintained in line with the provisions of Schedule 2 , the equipment manufacturer warranty, and the Service Order.
2.2 If, during the 12 month warranty period the number of support hours or callouts exceed the inclusive support on the Service Order, and after the initial 12 month warranty period, the Itec service rates in Schedule 2 shall apply.
2.3 The maintenance charges does not include the replacement of equipment.

SCHEDULE 16: BROADBAND LITE SERVICE

1. PROVISIONING OF THE BROADBAND LITE SERVICE AND CHARGES
1.1 Itec will create the Broadband Lite Service for the exclusive use of the Customer and/or the User, utilising the configuration specifications submitted by the Customer. To enable the Equipment to connect to the Broadband Lite Service, the Customer shall provide Itec with the network configuration specifications. Itec is entitled to change the required configuration in the case such requirement is likely to cause any conflict on the network of either Itec or the Customer.
1.2 Itec will provide the Customer access to the Broadband Lite Service via a Broadband Access Circuit, which will exclusively be provided by Itec.
1.3 The Customer shall be responsible for obtaining all third party approvals and consents necessary for installation and use of the Services including land-owner consent.
1.4 Itec will provide the Customer with CE Access Equipment required to connect the Equipment to the Broadband Lite Service.
1.5 The Customer shall provide without charge or cost to Itec appropriate secure equipment space, ducting, environment and continuous stable electrical power to install and maintain the Itec CE Access Equipment at its premises and to enable Itec to provide the Services.
1.6 The Customer acknowledges and agrees that the CE Access Equipment will remain the exclusive property of Itec and that whilst the CE Access Equipment is on the Customer’s premises, the Customer shall ensure that it is kept safe, secure and fully insured and is not tampered with by any person.
1.7 The Customer agrees that, upon termination of a Service for whatever reason, it shall promptly make available the router(s) for collection by Itec and/or its partners during business hours and shall keep safe such equipment until collection thereof can be affected. All CE Access Equipment must be returned to Itec in good working order. If the Customer fails in this respect, the Customer will remain liable for any costs Itec incurs to recover or replace the CE Access Equipment on demand a reasonable sum commensurate with the value of the Equipment.
1.8 The Broadband Lite Service provides the Customer with Internet access specified in this Schedule and/or access to the iVoice Service in terms of the relevant Schedule.
1.9 As payment for the provisioning of the Broadband Lite Service, the Customer will be liable to pay Itec the Charges as specified in the Service Order.

2. SERVICE LEVEL DESCRIPTION: BROADBAND LITE
2.1 The infrastructure requirements and site classifications as set out in Table 16.1 will apply at the Site(s) for Broadband Lite Services.
2.2 Broadband Lite Services are not covered by a Service Level Agreement.
2.3 ADSL, VDSL and Unlicensed spectrum Microwave Broadband Access Circuits are best-effort services and is dependent on connectivity to the Broadband Access network. The Customer indemnifies Itec from any loss, whatsoever, arising as a result of any interruption or delay in ADSL and/or VDSL and/or Unlicensed Microwave Access Circuits and the associated Broadband Lite service.
2.4 No Service Level penalties are applicable to Broadband Lite Service provisioned via a Broadband Access Circuit.
2.5 The following will be excluded from the calculation of the Broadband Lite Services performance –
2.5.1 incorrect or incomplete information provided by the Customer which prevents Itec from troubleshooting and restoring Services;
2.5.2 the Site(s) are not connected via a Broadband Access Circuit provided by Itec and any third-party equipment and/or Access Circuit procured by the Customer from a supplier other than Itec;
2.5.3 refusal of access to Itec to the Site, where access is required to complete diagnosis, repair, or acceptance testing and/or no access, restricted access or refusal of access to the Equipment and/or Broadband Access Circuit to troubleshoot and restore Services;
2.5.4 interruption caused by tampering or interference with the Itec provided Equipment and/or Services, by the Customer and/or the User and/or any other third party outside the reasonable control of Itec;
2.5.5 interruption of Services not reported by the Customer and/or the User or for which no service request was logged by the Customer and/or the User in terms of the Response and Fault Procedures;
2.5.6 unavailability due to any Force Majeure event and/or power failure and/or environmental control failure including but not limited to equipment room air conditioning failure;
2.5.7 planned network maintenance and emergency network maintenance times where the services are intentionally shut down by Itec for the purposes of such maintenance; and
2.5.8 periods during which planned maintenance was scheduled by Itec but requested to be delayed by the Customer.

3. DOWNTIME
3.1 Planned downtime from time to time is necessary for network maintenance.
3.2 Itec will endeavour to give the Customer 7 (seven) days’ prior notice to any planned network maintenance. Itec will not, as far as is reasonably possible, carry out planned network maintenance during business hours.
3.3 If the planned network maintenance required is exclusive to the Customer and does not affect any other Itec customer/s, the Customer may submit a written request for the planned network maintenance to be delayed, provided such requested time is within a period not exceeding 5 (five) business days after the time originally proposed.
3.4 Emergency network maintenance is sometimes necessary due to unforeseen events or circumstances. If possible, Itec shall inform the Customer, as soon as is reasonably possible, of the dates and times of the emergency network maintenance to be provided.

Table 16.1: Site Classification
Classification of SiteInfrastructure Requirements
Standard·  Single CE router on site
·  Single Broadband Access Circuit (Fibre & Licensed Microwave only)
Lite·  Single CE router on site
·  Single xDSL Broadband Access Circuit or Unlicensed frequency Microwave
Table 16.2: Service Availability – Service Levels
Network PathService Availability
SourceDestinationSite ClassificationService Level Description
Itec SLA ProbeCE RoutersLiteBest Effort
Table 16.3: Broadband Access Circuit – Service Level Description (non-punitive)
Access TypeAvailability
Single Broadband Access Circuit (Fibre & Licensed Microwave only)Best Effort
Dual Broadband Access Circuit (Fibre & Licensed Microwave only)Best Effort

4. UPGRADES
4.1 The Customer further acknowledges and agrees that where technically feasible it is allowed to upgrade the iLink Broadband Service at any time during the Initial Period of the Service provided that one (1) calendar month’s prior written notice to that effect is given to Itec, but it is not allowed to downgrade the iLink Broadband Service during the Initial Period;
4.2 Any written notice received by Itec during the course of the month for the upgrade of the Line Speed of the iLink Broadband Service, as envisaged in clause 6.1, shall:
4.2.1 only be effective from the 1st (first) day of the following month; and
4.2.2 the upgraded Service shall, with effect from the activation thereof, be extended for a minimum period of 24 (twenty four) months; and
4.2.3 the duly upgraded Service shall be provided by Itec subject to the provisions of this Service Schedule and the Service Order.

SCHEDULE 17: MUSIC ON HOLD SERVICE (MOH)

1. PROVISIONING OF THE MUSIC ON HOLD (MOH) SERVICE
1.1 Itec will provide the Music on Hold Service to the customer via Itec approved iPBX hosted or on-site PBX platform. On-site Music on Hold service requires the purchase of a media streaming gateway from Itec at additional once-off cost to the Customer.
1.2 The Music on Hold and recording service is provided by a 3rd party supplier to Itec and althrough we make every best effort to keep the service available for 99.9% Itec does not make any guarantee to the availability, performance, quality, and response times to request for recording.
1.3 Use of the Music on Hold Service is provided entirely at the Customers own risk and Itec will not accept any liability for any losses incurred as a result of using the Service.
1.4 The Customer acknowledges that content provided as part of the Music on Hold service is licensed for the exclusive use of the customer and may not be copied or distributed in any form.
1.5 Itec and its supplier undertakes to effect a production turnaround time between 2(two) and 5 (five) days to upload completed audio productions to the customers active PBX service/s. If the chosen voice artist is not available for a period of greater than 10 (ten) days, Itec will (at the customer’s discretion), provide an interim production using an alternative voice approved by the customer.

2. MAINTENANCE AND WARRANTY
2.1 The Music on Hold hardware for on-site PBX systems shall be maintained in line with the provisions of Schedule 2 , the equipment manufacturer warranty, and the Service Order.
2.2 If, during the 12 month warranty period the number of support hours or callouts exceed the inclusive support on the Service Order, and after the initial 12 month warranty period, the Itec service rates in Schedule 2 shall apply.
2.3 The maintenance charges does not include the replacement of equipment.