1. INTERPRETATION

1.1 In this Agreement, unless the context requires otherwise, each of the following words and expressions shall have the meaning stated opposite it and cognate expressions shall have a corresponding meaning, namely:

1.1.1 “Agreement“ refers to the terms and conditions of use, the terms and conditions of use of the Bluedog Technology Website, any copyright notice, privacy policy, and any and all terms and conditions imposed in respect of the service provided by Bluedog Technology as amended and updated from time to time;

1.1.2 “Business Hours” means Mondays to Fridays 08H00 to 17H00 excluding Public Holidays;

1.1.3 “Client” means the subscriber on any subscription agreement, service application, or service order;

1.1.4 “Client Data” means the data transmitted and received using the Bluedog Technology Network;

1.1.5 “CPE” means Client Premises Equipment, the radio antenna and all associated equipment that is installed at the client’s premises for the delivery of the service;

1.1.6 “Parties” means the parties to this Agreement, being the Service Provider and the Client, and “Party” shall mean either one of them, as the context may require; and

1.1.7 “Service Provider” means Bluedog Technology (PTY) Ltd with its main place of business at Unit 3, Imhoff Office Park, Imhoff Farm, Kommetjie Road, Kommetjie, Western Cape Province, including any and all of its successors in title;

1.1.8 “ZAR” or “Rand” means the lawful currency of the Republic of South Africa.

1.2. In this Agreement, unless the context clearly indicates otherwise:

1.2.1 words importing any one gender shall include the other gender;

1.2.2 the singular shall include the plural and vice versa;

1.2.3 an expression that denotes a natural person includes a juristic person and vice versa;

1.2.4 the words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it; and

1.2.5 any reference in this Agreement to “days” shall be construed as calendar days.

1.3 The headnotes to the paragraphs of this Agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

1.4 If any provision in clause 1 is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that such provision is contained in such clauses, effect shall be given thereto as if such provision were a substantive provision in the body of the Agreement.

1.5 Save where clearly indicated to the contrary, expressions defined in this Agreement shall bear the same meanings in any schedule hereto unless such schedule contains an alternative definition for the expression.

1.6 Where any term is defined within the context of any clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause.

1.7 When any number of days is prescribed in this Agreement (including Business Days), same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

1.8 When any number of Business Days is prescribed in this Agreement, the same shall be reckoned inclusively of the first and exclusively of the last Business Day (and shall exclude Saturday, Sunday, and public holidays).

1.9 Should the day for the performance of any obligation in terms of this Agreement fall on a day which is not a Business Day, then such obligation shall be performed on the immediately succeeding Business Day.

1.10 This Agreement shall be binding on and enforceable by the successors-in-title, administrators, trustees, permitted (in terms of this Agreement) assigns or liquidators of the parties as fully and effectually as if they had signed this Agreement in the first instance and reference to any Party shall be deemed to include such Party’s successors, administrators, trustees, permitted assigns or liquidators.

1.11 The expiration or termination of this Agreement shall not affect such provisions of this Agreement as 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 that the applicable clauses do not expressly provide for such continued effect.

1.12 Any reference in this Agreement to legislation or subordinate legislation is to such legislation or subordinate legislation at the date of signature hereof and as amended and/or re-enacted from time to time.

1.13 Any reference in this Agreement to a Party shall include a reference to that Party’s assigns expressly permitted under this Agreement and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee.

1.14 Should this Agreement be signed on a date that results in the use of any tenses herein being inappropriate, the terms shall be read in the appropriate tense.

2. INTRODUCTION OF SERVICE

2.1 Upon acceptance of this agreement, the client will be given access to the Bluedog Technology Network, wired or wireless, referred to as “the service”, subject to the full terms and conditions as contained in this document.

2.2 These terms and conditions may be altered from time to time without notice. The client is responsible for revisiting these terms and conditions from time to time to familiarize themselves with the content therein.

2.3 By using Bluedog Technology’s service, you agree with the full terms and conditions as set out in this agreement.

3. CONDITIONS OF USE

3.1 The Service Provider agrees to provide the client with access to the service as subscribed to on the full terms and conditions of this agreement. By using the service, you agree that you will not circumvent the user authentication process and service speed limiters or attempt to access the Service Provider’s network. Should the client fail to comply with the full terms and conditions of this agreement and/or breach any of the provisions specified, the client agrees to pay the Service Provider, on demand all costs, loss, or damages incurred or suffered by the Service Provider as a result of such breach.

3.2 The customer warrants that they are duly authorised to install the necessary equipment on any structure not owned by them.

4. SERVICE AVAILABILITY

The Service Provider will use the best possible endeavors to ensure that the service is available at all times. The client however indemnifies the Service Provider from any losses whatsoever, be it loss of business information, loss of data, or any other direct or indirect financial losses resulting from unavailability or interruption of the service regardless of whether such a claim is based on breach of contract, intentional/negligent breach of duty of care that inflicts loss or harm that triggers legal liability, implied warranties or even if the Service Provider or its employees were negligent.

5. COMMUNICATION WITH THE SERVICE PROVIDER AND STAFF

5.1 Clients can be held accountable for their conduct towards the staff of Bluedog Technology, including conduct pertaining to allegations or malicious conduct directed towards Bluedog Technology or its staff.

5.2 Any abusive behavior including but not limited to threats, offensive language, aggressive conduct, or any type of intimidation on a public forum directed at Bluedog Technology or its staff will not be tolerated. Should such conduct occur, Bluedog Technology reserves the right to suspend or terminate all services to a client with immediate effect

5.3 Any client that uses public platforms such as forums or social media to spread false allegations, defamation, or cause any action that diminishes the reputation or public perception of Bluedog Technology could have their services suspended or terminated with immediate effect. Bluedog Technology also reserves the right to institute appropriate action against such a client to remedy any such perception.

6. SECURITY & PRIVACY

6.1 Bluedog Technology reserves the right to intercept and monitor all usage and flow of communication through the service provided and take any other action required to ensure that the security and reliability of its networks are not compromised.

6.2 All customer information required for providing the service including personal information such as an address, telephone numbers, and banking details will be kept according to the prescribed clauses in the Protection of Personal Information act (POPI Act) 4 of 2013 by Bluedog Technology and will not be distributed or sold to third parties.

6.3 The client may not use the service of Bluedog Technology in any way that can compromise the security of its network and may not tamper with the network or service in any way.

6.4 The client is solely responsible for the protection of their data on any personal computing devices (Computers, Laptops, Tablets, Smartphones) when using the Bluedog Technology service. Devices should be adequately protected with the required anti-virus, spyware, firewall, and encryption where required. Bluedog Technology cannot be held responsible for any breach of security that occurs on client devices.

6.5 The client may not use the service provided by Bluedog Technology for any illegal or unlawful activity. This includes (but is not limited to) gathering of email addresses or names for political, commercial, charitable, or any other use as well as gathering personal information of third parties without their consent. In addition, the client may not violate or allow the violation of the privacy of any person or attempt to gain unauthorized access to the Bluedog Technology network or any other network by hacking, phishing, password mining, or any other action that compromises the privacy of any person or network. This includes anything deemed illegal by all governing or judicial entities.

6.6 If any client is found to engage in any of the above actions, Bluedog Technology reserves the right, without prejudice to any other rights to without notice and immediate effect, suspend or terminate any client service and/or agreement without refunding any paid service as any such action is deemed a breach of contract. Furthermore, Bluedog Technology reserves the right to invoice the client with any costs incurred inclusive of bandwidth, administrative fees, possible downtime caused, and any other costs incurred to rectify the breach of security. Although the client’s personal information is protected by a confidentiality clause, client information may be made available to any person or entity affected by these actions through the POPIA process in Bluedog Technology.

6.7 Bluedog Technology does not keep a record of any passwords to access client premises Wi-Fi routers. It is the responsibility of the client to ensure that access to premises equipment is secured by not providing outside parties with the access code to connect to these routers.

7.0 SUBSCRIPTION OPTIONS AND NOTICE PERIODS

All ISP services rendered by Bluedog Technology are rendered on a month-to-month basis payable in advance (PRE-PAID), in accordance with the package selected by the specific client, without the client being locked into a fixed term contract (This excludes contract-based products).

7.1 Private Individuals

7.1.1 Should an individual/private client opt to suspend or cancel the agreement at any time, the client is obliged to give 30 days’ notice (1 calendar month) of his/her intention to do so, provided such suspension or cancellation is communicated to Bluedog Technology in writing.

7.1.2 Should the client fail to communicate such suspension or cancellation in writing to Bluedog Technology, Bluedog Technology reserves the right to continue billing the client for ISP services rendered until such written notice of cancellation is received.

7.1.3 In the case of fixed installation services, there may be a penalty for early termination of the contract. This penalty will be related to, but not limited only to Service Provider installation costs required notice periods.

7.2 Businesses

7.2.1 Should a business client opt to cancel the agreement at any time, the client is obliged to give Bluedog Technology one (1) calendar month’s written notice.

7.2.2 Should the client fail to communicate such cancellation in writing to Bluedog Technology, Bluedog Technology reserves the right to continue billing the client for ISP services rendered until such time as the notice period (one calendar month).

7.2.3 Should a client use their own equipment to interface to their devices, such as but not limited to, Routers, and network expansion devices (switches, access points, additional routers), these will not be supported by our support team. The client will be required to connect the original equipment if removed or connect directly to the Bluedog Technology equipment to provide accurate results.

7.2.4 All Disputes or complaints are to be sent to complaints@bluedogtech.co.za with the procedures listed in the Complaints Procedure Document, available on the website.

7.2.5 In the case of fixed installation services, there may be a penalty for early termination of the contract. This penalty will be related to, but not limited to Service Provider installation costs and penalties.

8.0 BREACH OF CONTRACT

8.1 The following conduct will constitute a breach of contract by the subscriber

8.1.1 Using the internet service for any illegal activities

8.1.2 Bypassing any authentication methods and/or speed or data limitation methods used by the service provider.

8.1.3 Accessing or attempting to access any part of the service provider’s network infrastructure.

8.1.4 Failing to make payment for the provision of services within the stipulated time frame.

8.1.5 Abusive behavior including but not limited to threats, offensive language, aggressive conduct, or any type of intimidation on any type of communications medium directed at Bluedog Technology or its staff.

8.2 Where a client is in breach of contract, Bluedog Technology reserves the right to cancel any subscription agreement with the client by giving 24 hours’ notice of cancellation of services. In addition to terminating an account, the service provider can take any action deemed necessary to collect any monies outstanding from the subscriber, including any cancellation fees that may apply in the case of contract clients, in lieu of his subscription agreement and may collect all equipment deemed part of the subscription agreement from the premises of the subscriber. Failure by the subscriber to allow access to the service provider to remove the CPE device from the subscription address may result in legal action to remedy the situation.

9.0 REFUNDS AND HANDLING FEES

All installation fees and subscription fees are payable in advance. When a client requests an installation the service provider will invoice the requested work and payment must be received within 7 days of the requested work. The following stipulated terms will be in effect depending on the matter that arises.

9.1 Cancellation of installation by the Client

9.1.1 Should a client have requested an installation and payment have been received it will be deemed a binding agreement between the client and the service provider to undertake the installation and provide the service as selected by the client. When a client then decides to cancel the installation (when installation has not taken place) the service provider will refund the client for any equipment purchased and subscription paid less a 15% (fifteen percent) administration fee.

9.1.2 Should the client cancel the service after the installation has been completed, no refund will be made to the client for the installation undertaken. Where such installation was part of a subsidized subscriber agreement, the service provider will also take possession of the CPE device as per normal cancellation of subsidized agreements.

9.2 Cancellation of installation by Service Provider Where an installation was paid for by a client and subsequently the service provider determines that service cannot be provided to a client as a result of the client falling outside the service provider’s coverage area or other factors such as poor reception area will hinder a stable service to the client the service provider will deem the subscription agreement as null and void and will refund the client the full amount received without penalty. No refund will be made by the service provider for any bank charges billed to the client.

9.3 In the event of cancellation of Fibre Services, before final installation signoff has been completed at the customer premises, Bluedog Technology reserves the right to pass on all costs from the FNO Fibre Network Operator) incurred in the provisioning of th eservice ordered. including but not limited to wayleaves, trenching and anything else set out in the FNO schedule of work and their cancellation terms.

9.4 Bank charges

Payments received in lieu of Internet installations and/or monthly subscriptions that are received by way of a cash deposit to the bank will attract bank charges.

Should the client request cancellation and refund of said deposit, Bluedog Technology will refund the client the net amount deposited, less bank charges relating to the transaction in addition to the 15% administration fee.

10. SERVICE PROVIDERS’ RIGHT FOR COLLECTION OF SUBSCRIPTIONS

Should a matter arise where the service provider billed an amount less than the agreed subscription fee the service provider reserves the right to bill the client for any amount that should have been billed as per the subscriber agreement. The service provider does not give up its rights for the collection of the amount

that has become in arrears as a result of such an error or omission. The client undertakes to make payment of any such arrear amount that resulted from incorrect billing by the service provider notwithstanding payment of the revised subscription as per the original subscription agreement which will become due on the next billing cycle.

11. SUSPENSION OF SERVICES

Where a subscriber fails to make payment on the date of the subscription fee becoming due, the service provider has the right to suspend the service to any subscriber without providing further notice. All subscriptions are payable in advance and payment for services for the month is payable on or before the 1st day of the month for the service to be delivered in the forthcoming month. Where a client has signed a debit order with the service provider and the debit order is not honoured by the subscriber’s bank, the account will be deemed not paid and will be suspended without notice to the subscriber.

12. RECONNECTION FEES

12.1 Where a subscriber’s service has been suspended due to late or non-payment before the 1st of the month the service provider will bill a reconnection fee of R200.00 inclusive of VAT (When applicable) to the account of the subscriber. The subscriber must pay this reconnection fee as well as the normal subscription amount and any other fees such as interest before the account will be re-activated. At present, the service provider allows a grace period of up to the 7th day of the month before suspending accounts. This grace period can be revised at any time without notification.

12.2  All related subscription fees and any other penalty fees not paid on the due date by the subscriber will be subject to an interest rate payable at a rate of 1.25% per month.

13. REDUCED SUBSCRIPTIONS IN PROMOTIONAL PERIODS

13.1 From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.

13.2 Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.

13.3 Bluedog Technology reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Bluedog Technology obliged to offer these reduced subscriptions to existing subscribers.

14. OWNERSHIP OF EQUIPMENT

14.1 In the trade that Bluedog Technology is in, we install electronic equipment outside a house that is open to all the natural elements. The equipment is issued with an initial warranty that stipulates if it works on installation, the equipment is deemed in working order. There is a supplier warranty issued by suppliers of this equipment as in most cases it is damaged by water or electrical surges. All equipment included in the standard installation package always remains the property of Bluedog Technology. Bluedog Technology will replace any equipment that is faulty at its own cost if the equipment is deemed to have failed in normal use of the equipment. Any malicious, accidental, or unintentional may be billed for at the discretion of the service provider.

15. JURISDICTION

In the event of a dispute arising out of this agreement, the Seller client consents to the jurisdiction of the Magistrates Court approached by the service provider regarding any proceedings which may be instituted. Either party shall, however, be entitled to proceed in any division of the Supreme Court having jurisdiction should it so elect.

16. NOTICES AND DOMICILIA

16.1 The Parties select as their respective domicilia citandi et executandi for the purpose of legal proceedings and for the purposes of giving or sending any notice provided for or necessary in terms of this Agreement, the following addresses –

16.1.1 THE SERVICE PROVIDER chooses its domicilium citandi et executandi at Unit 3, Imhoff Office Park, Imhoff Farm, Kommetjie Road, Kommetjie, Western Cape Province;

16.1.2 THE CLIENT chooses its domicilium citandi et executandi at the address inserted on the application form duly completed by the client, or such other address or telefax number as may be substituted by notice given as required. Each of the Parties will be entitled from time to time to vary its domicilium by written notice to the other to any other address within the Republic of South Africa which is not a post office box or poste restante.

16.2 Any notice addressed to a Party at its physical or postal address will be sent by prepaid registered post or delivered by hand, sent by telefax, or sent by email.

16.3 A notice will be presumed, unless the contrary is proved, to have been given –

16.3.1 if posted by prepaid registered post, 5 (five) days after the date of posting thereof;

16.3.2 if hand delivered during business hours on a business day, on the day of delivery;

16.3.3 if sent by telefax or email, on the first business day following the date of sending of such telefax or email.

17. EFFECT OF INVALID OR UNENFORCEABLE CLAUSES

17.1 If any provision of this agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this agreement shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provision found to be null and void, the Parties would not have concluded this agreement.

17.2 The Parties shall use all reasonable efforts to replace all provisions found to be null and void by provisions that are valid under the applicable law and come closest to their original intention.

18. CESSION AND DELEGATION

The customer may not sell, cede, assign, delegate or in any other way alienate or dispose of any or all of its rights and obligations under and in terms of this Agreement without the prior written approval of Bluedog Technology. Bluedog Technology shall be entitled to sell, cede, assign, delegate, alienate, dispose, or transfer any or all of its rights and obligations under and in terms of this Agreement to any of its affiliates or to any third party without the customer’s consent and without notice to the customer.

19. ENTIRE AGREEMENT

19.1 This agreement sets out the entire agreement between the Parties. No Party has entered into this agreement in reliance upon any representation, warranty, or undertaking of the other Party that is not expressly set out or referred to in this agreement. This clause shall not exclude any liability for fraudulent

misrepresentation. This agreement supersedes any previous agreement or understanding relating to its subject matter.

19.2 This agreement may not be varied except by an agreement of the Parties and reduced to writing.

20. WAIVER

20.1 No waiver of any of the terms and conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by both parties giving same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power, or privilege will operate as a waiver, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege

20.2 No indulgences allowed by the client to the Service Provider from time to time in respect of the latter’s obligations herein shall prejudice the client in any way from subsequently strictly enforcing any term, condition or provision of this agreement and / or no delay or failure on the part of the Purchaser client in the exercise of any right herein shall operate as a waiver thereof and no waiver whatsoever shall be valid unless set out in writing and signed by the Service Provider and then only to the extent therein expressly set forth.

21. LEGAL COSTS AS A RESULT OF BREACH

If as a result of the breach of any one of the provisions of this Agreement by any of the Parties to this Agreement, then the Party so in breach will be liable for all legal costs and disbursements so incurred on a scale as between Attorney and Client, on the High Court Scale.

22. LANGUAGE OF AGREEMENT

This agreement has been negotiated and concluded in English. It may be translated into any other language for practical purposes, but the version shall prevail in the event of any doubt.

23. APPLICABLE LAW

The proper law of this agreement is the law of the Republic of South Africa, and accordingly any dispute relating to this agreement, including any dispute about its validity, existence, interpretation, rectification, breach, or termination or any

By virtue of the client signature duly appended to the Provider’s Application form, the client agrees to be bound by these said terms and conditions recorded here