to the following terms and conditions:




1.1 This Agreement shall commence on the date of Netconnect informing the Client in DISCOUNTS  OWNERSHIP DELIVERY AND RISK



writing to its domicilium address as referred to in clause 8 below of its granting of

the credit facility applied for by the client and shall continue in force indefinitely

thereafter unless it is terminated for reasons set our below of by one of the parties

giving the other party 3 months written notice of its intention to terminate this

Agreement (without the cancelling party having to give any reasons for such


1.2 Netconnect shall be entitled to terminate this Agreement immediately upon notice in

writing to the Client:

1.2.1 If there is no activity in the account for a period of eight months;

1.2.2 If the client fails to pay Netconnect by the due date any monies due to

Netconnect in terms of this Agreement;

1.2.3 If the Client fails to remedy the breach within 7 days of the date of

Netconnect's notice calling for such remedying of the breach;

1.2.4 If the Client does anything in contemplation of insolvency or a material

change occurs in the management or control of the Client's business;

1.2.5 If the Client fails to ensure that its business conforms with reasonable

industry standards of business ethics or quality of service;

1.2.6 If the client suffers any civil judgement to be taken or entered against it.


2.1 The supply of goods to the Client may include, but not necessarily be limited to,

computer hardware and/or computer software (the "Goods").

2.2 The supply of services to the Client may include, but no necessarily be limited to:

2.2.1 the ordering and delivery of Goods purchased by the Client;

2.2.2 the installation and maintenance of the Goods;

2.2.3 the installation and maintenance of network facilities;

2.2.4 the installation of backup services;

2.2.5 the provision of training services

(paragraphs 2.2.1 – 2.2.5 are hereafter collectively referred to as the



Any contract for the supply of goods and services between Netconnect and The Client shall be subject


3.1 Unless otherwise stated, all prices for Goods and/or Services quoted by Netconnect

exclude delivery charges, import duties, levies or like charges, all of which shall be

paid by the Client.

3.2 Payment of Goods and/or Services supplied to the Client shall be made within 30

days of date of invoice, without deduction and at such address as Netconnect may

nominate in writing from time to time.

3.3 If any amount is not paid within the agreed period the Client shall be liable for

interest at the prime overdraft lending rate offered by Netconnect's bankers to its

most preferred commercial clients plus 1%. Such interest shall be calculated and

paid monthly in advance, provided that if the interest is not paid as aforesaid, the

interest shall be added to the principal sum.

3.4 Post-dated cheques will not be accepted as payment.

3.5 The Client shall not be entitled to offset any amounts claimed by the Client against

any money owing by the Client to Netconnect.

3.6 The Client agrees that in the event of any portion of an invoiced indebtedness being

disputed, then the Client shall nevertheless forthwith pay the undisputed amount of

such indebtedness according to the agreed terms of payment.


The price of the Goods sold to the Client is strictly nett and not subject to any discounts

unless otherwise agreed to in writing. If any discount is agreed to in writing it shall only be

allowed if payment is received by Netconnect strictly by the due date and shall only apply to

the actual price of the Goods and not to any Services, value added tax, transport or delivery

costs, insurance, storage charges or other duties or taxes.


Ownership of Goods obtained from Netconnect by the Client shall remain the sole and

absolute property of Netconnect until payment has been received in full by Netconnect from

the Client.


6.1 Unless otherwise agreed in writing, all Goods shall be delivered in such a manner as

Netconnect shall determine in consultation with the Client.

6.2 All risk in the Goods shall pass to the Client upon the delivery of the Goods to the


6.3 Where it has been agreed that the relevant Goods sold shall be delivered in more

than one consignment, each consignment shall be deemed to be a separate sale.

The Client shall be liable to pay the purchase price owing in respect of each

consignment on due date and the validity of the sale of any consignment shall in no

way be affected if the sale of any consignment fails for any reason.

6.4 If Netconnect is prevented from delivering any Goods at the time stipulated for

delivery as a result of a default on the part of the Client, the Client shall be liable for

all expenses incurred by Netconnect in consequence thereof, including expenses for

the storing and handling of the Goods.


6.5.1 All Goods installed by Netconnect shall be deemed to be operating

satisfactorily unless Netconnect receives written notification of the contrary

from the Client within 7 days of installation; and

6.5.2 All Services provided by Netconnect shall be deemed to be in accordance

with the Client's requirements unless Netconnect is notified of defects /

problems with such Services within seven (7) days of delivery of the


6.6 Netconnect reserves the right to levy a delivery charge on all Goods delivered and

such delivery charge shall be in accordance with Netconnect's prevailing delivery

charge rates from time to time.



6.7 Unless otherwise agreed to in writing, all Services shall be supplied during office

hours of 08:30 to 16:30 Monday to Friday.


7.1 Subject to provisions of clause 6.5, Netconnect warrants that the Goods and

Services supplied to the Client will comply with commercially acceptable standards.

7.2 The warranty in respect of Goods supplied by Netconnect is limited to the

manufacturer's warranty in respect of such Goods.

7.3 All other warranties and representations, including the warranties of merchantability

and fitness for a particular purpose are specifically excluded.


8.1 Netconnect's liability for any loss or damage, howsoever arising, suffered by the

Client as a result of Goods and/or Services supplied by Netconnect shall at all times

by limited to the amounts paid by the Client to Netconnect in respect of such Goods

and/or Services.

8.2 Netconnect shall not be liable to the Client or to any other person for any indirect or

consequential damages or any nature whatsoever or any loss of profit or special

damages of any nature whatsoever and whether in contemplation of the parties or

not which the Client may suffer as a result of any breach by Netconnect of any of its

obligations under these terms and conditions, or arising from the supply of Goods

and/or Services by Netconnect hereunder or arising out of any other cause of action



9.1 The parties select as their respective

of legal proceedings and for the purposes of giving or sending any notice provided

for or necessary in terms of this Agreement, the following address:

Netconnect 78 Mangold Street

Newton Park


Fax No. (041) 365 3733

The Client Its physical and business address and telefax

number as set out on the first page of this


or such other address or telefax number as may be substituted by written notice

given as required. Each party will be entitled from time to time to vary its

domicilium by written notice to any other address within the Republic of South Africa

which is not a post office box or post restante.

9.2 Any notice addressed to a party at its domicilium address as aforesaid shall be sent

by registered post, or delivered by hand, or sent by telefax.




domicilia citandi et executandi for the purposes RETURN OF PRODUCTS TO NETCONNECT FOR CREDIT


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