TERMS AND CONDITIONS

The use of this website is limited to:

  • Viewing and purchasing our products and services,
  • Support and Contact information
  • Network Notifications
  • Viewing of Terms and Conditions and policies.
  • Application for services.

None of the information or content on this website may be copied, reproduced, distributed, posted, uploaded, republished, tracked, embedded or transmitted without written consent from the directors of Intrasurf. This Agreement does not transfer from Intrasurf to you any Intrasurf or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with Intrasurf. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Intrasurf or Intrasurf licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Intrasurf or third-party trademarks.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:

  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Tracking And Cookies

Our website uses Cookie and Tracking information for reporting and to better understand traffic flow over our website. We do not collect personal you information via cookies and Tracking. Cookie and Tracking reports may be shared with third parties.

Monitoring

We may rightfully monitor user any activity on our website, however we are not obligated to do so. We may rightfully act upon activities to protect or enhance our website.

Links To Other Websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Third-Party Services

If you decide to enable, access or use third-party services or links, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Intrasurf with respect to such other services. Intrasurf is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Intrasurf to disclose your data as necessary to facilitate the use or enablement of such other service.

Accuracy Of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated. Any errors may be reported to

Policies And Procedures

Service Policy
As soon you place an order for a new service, equipment or installation, place an order for a change of service, place an order for a “Top-Up” of data or VoIp credit and/or as soon as you make payment for any product or service legal obligations arise. An order is a physically or electronically received instruction in the form of a signed quotation, a signed contract, a signed agreement or a written instruction received from you either through this website, via email, via text message. In special circumstances we may allow an elderly or disabled customer to order a service and accept these terms via a recorder phone call. An electronically received order, request, contract or agreement are legally binding when there is a valid offer of acceptance, or consensus between you and us. Acceptance or consensus from you to our offers, services and pricing as well as terms and conditions may be captured via electronic signature. An electronic signature is defined as data attached to, incorporated in, or logically associated with other data and intended by the user to serve as a signature. This may include but are not limited to, things such as typing your name at the end of an SMS or e-mail or clicking on an icon on a website to confirm your acceptance of terms and conditions. When placing an order or making payment we consider that you have read and agreed to the terms and conditions. Do not place an order or make any purchase unless you have read and understand our terms and conditions, if you are uncertain about anything email us on before making payment as your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. Not all services or products are provided directly through our network. Terms and conditions from third party networks may apply, you can request us to send you the terms and conditions of the 3rd party network or upstream provider applicable to your subscription by sending your request to support@intrasurf.co.za. We do not give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the services, products or the equipment being supplied using 3rd party networks, upstream providers or suppliers, including but not limited to implied warranties of merchantability, pricing, service levels, refunds, cancellations, privacy, delivery and fitness or suitability for any intended purpose.

Service Levels
All services are provided as best effort. We do not provide up-time or guarantees and we do not provide speed guarantees. It is our highest priority to ensure our customers can access services uninterrupted, we en-devour to resolve downtime in a timely manner as soon as possible. In some circumstances downtime is caused by third parties or upstream provider networks that are not under our control. Service level agreements are available on selected business services and this will be specifically stated in the applicable terms and conditions for such a product.

Delivery Policy
This delivery policy applies to services delivered by an Intrasurf appointed representative only. The delivery of certain products/services sold by Intrasurf are handled directly by the supplier or provider. In these cases the delivery policy will be stated in the Terms and Conditions for that particular product/service. If you are not sure please contact us so that we may advise you on the delivery policy that applies to your purchase. Delivery times stated are not guaranteed but are generally attainable within major centres. A possible delay of 24 to 96 hours can be expected outside of major centres and additional delivery costs may apply. Some deliveries might require that information or documents must be produced and copies thereof provided during the delivery, this will be communicated on purchase of the device or product if it is required. A physical address is required for the delivery of your order. Orders to Post boxes/Private bags/Post Offices will not be accepted. Deliveries take place on weekdays during business hours and exclude weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter. Delivery times may be delayed should the need arise for clearance of payment. Clearance for debit order payments may take up to 10 days to clear. Intrasurf will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Intrasurf. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics. The Courier Delivery Fee charged during quotation may differ once your order is finalised. Should this occur, we will contact you before proceeding with the delivery of your order.

Refunds Policy And Terms
Refunds request can be sent to . Refund requests are subject to the terms and conditions of this agreement. We will not grant refunds on services purchased in error. Valid refunds will be processed 7 business days after original payment date. Refunds on cash deposits to our account will carry a minimum levy of R25.00 and up to 15% for administration and bank charges. Refunds on debit orders and credit card payments will only be considered after the 14th of each and every month. In the case the customer cancels an order for equipment after they have made payment, we may consider a refund under very special circumstances. If granted we shall be entitled to charge the customer a levy of up to 30% of the purchase value, which will cover handling fees, admin fees, bank charges and courier charges. We will not consider any refund on equipment if the equipment has not been returned to us within 5 days, leaving reasonable time for us to return the equipment to our suppliers to reach them no later than 14 days after purchase. Equipment must be in its original condition, with its original packaging. A refund will only be considered if and when our suppliers accept the return of the equipment and processes refund to us. In the case of where services are ordered by the customer, where the customer cancels the order after we have ordered the services from our suppliers, we shall be entitled to charge the customer the full setup and provisioning fee of such services or any additional cost or abortive costs that may be levied by our suppliers, the customer shall be obliged to pay the reasonable costs incurred by us in provisioning and/or setup of the services.

Cancellation Policy
The cancellation of a product or service is the Clients responsibility. Cancellations must be actioned by emailing info@intrasurf.co.za. Fax and telephonic cancellations will not be accepted. Failure to cancel your services will result in your service or product being activated for the new month and therefore liable for payment. A minimum calendar months’ notice is required for all services unless otherwise stated. Promotions carry additional Terms and early cancellation fees may be payable. Should the customer terminate an agreement prior to the expiry of the initial period or term or any renewal period for any reason other than expressly provided for in this agreement, the customer shall remain liable for all amounts owed to us, up until the date of termination and we shall be entitled to levy a cancellation/early settlement fee as provided for in these terms and conditions or the product specific terms and conditions.

Obligations On Termination And/Or Suspension
The customer is liable for any obligation accrued at the date of termination or suspension of the services, including the payment of any costs or charges that may arise in connection with such termination (including, without limitation, cancellation fees, legal fees, interest and where applicable the cost of removing or recovering equipment) or suspension, and the payment of all outstanding fees for the use of the services prior to said termination or suspension. The payment obligations of the customer in terms of this agreement are not suspended, stayed, delayed or otherwise affected by any suspension of access to the services where such suspension arises from the customer’s failure to comply with, or violation of, the terms and conditions of this agreement or any law or legal obligation of the customer, or WHETHER OR NOT THE CPE (Customer Premises Equipment) IS OUT OF ORDER, UNDER REPAIR, DAMAGED, STOLEN OR DOES NOT HAVE ELECTRICAL POWER SUPPLY TO IT. We are entitled to immediately deactivate the service on the date of termination or cancellation and further, have no obligation to the customer after any termination or cancellation of the agreement.

Service Changes

These are changes requested to be made to the original service purchased. These would normally be requests to upgrade or downgrade the services. Any service change request should reach us in writing via email to . Service upgrades will be reviewed on a case by case in accordance with the product specific or promotional rules. Upgrades under normal circumstances are allowed and processed during any workday of the month and will result in the difference in the more expensive service to be calculated and billed as pro-rata in addition to the increased monthly service. Downgrades can be requested at any time of the month but will only be processed on the last day of the month and in some cases with a 30 day notice.

Termination
In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply within 20 (twenty) days, then the Service Provider may immediately terminate this Agreement.

  • If this Agreement is terminated by The Service Provider for the reason that you have failed to remedy a material failure to comply with or a breach of any agreement you have entered into,
  • you shall pay to The Service Provider all outstanding charges for access to the Network Services and you will be subject to payment of a reasonable early cancellation charge, determined by The Service Provider.
  • You shall repay to The Service Provider on demand all costs which The Service Provider incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include.
  • Costs in connection with tracing you and/or the CPE.
  • All legal costs on the attorney client scale.
  • Collection commission that may legally be recovered from you by The Service Provider’s attorneys or collection agents on amounts collected.
  • The costs incurred in obtaining possession of the CPE as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and.
  • The replacement cost of the Apparatus.
  • To the extent that it is appropriate, the provisions above apply reciprocally to you, read with the necessary changes.
  • It shall be in the sole discretion of The Service Provider as to whether it elects to levy the replacement cost of the CPE or the charges referred to above
  • Any accumulated Data existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against The Service Provider in respect thereof.

Payment Options And Payment Terms And Conditions
All transactions will be processed in South African Rands (ZAR). We do not extend credit and payment is required up front, services will not be activated without payment. Equipment and hardware are paid for in advance on quotation or invoice via EFT. Services will not be activated nor will equipment be supplied, unless payment is received in full.

Suspension And Deletion Of Services
Services will be suspended if payment is not received on the due day and will only be reconnected once arrears and pro-rata amounts have been settled. Failure to make payment may also result in your email or hosting being disconnected or your domain name being deleted by the registrar and become available to the public for re-registration. Failure to make payment on sim services may result in your sim being disconnected and deactivated. Once a sim card is deactivated it cannot be reactivated. Failure to make payment on your VoIP services may result in your number being suspended and may result in that number being made available to the public for re-registration.

Banking Details And Proof Of Payment
Our banking details are available on your invoice or statement. Always email your Proof of payment to and remember to add a descriptive reference like your account number, quotation number or full name.

Month End
Our month end is processed on the 28th of each month.

Monthly Subscription Payments
Monthly Subscriptions are payable in advance by eft stop order.

Pro-Rata Billing
Pro-rata billing applies to new services. It is the calculation of the price and the data allocated between the day of activation / order and the first month end billing cycle. For example: if your service is activated on the 20th June, the pro-rata days until the next billing cycle is 10 Days. Those 10 days are then calculated as the pro-rata amount and data is allocated according to the same calculation. If the pro-rata amount is not paid in advance your pro-rata amount will be deducted with your next month’s full subscription on the next billing run on the 28th or 1st of the following month according to your debit date selection.

Pricing

It is expressly recorded and agreed that we shall be entitled, on 30 days’ written notice to the customer, to increase the charges payable by the customer in circumstances of either such increases being specifically provided for in the proposal or the direct costs to us in providing the services (including, without limitation, the charges charged by the upstream network provider(s), 3rd party networks or suppliers in respect of such services) being increased. In such an event the increases to the charges shall be commensurate with the increased costs of providing the services. Furthermore, we shall be entitled to vary any savings and/or rates guaranteed or implied to the customer in the event of a change in network tariffs or the regulatory environment which impacts on the services on the giving of 30 days’ written notice thereof to the customer.

Fibre Services

Fibre Broadband is supplied as a best effort service by the Fibre Line Providers. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Intrasurf a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/ Intrasurf or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account. Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Intrasurf, the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address. An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days’ notice depending on the Fibre Provider. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted by emailing info@intrasurf.co.za on our website at least a calendar month before the cancellation date, the earliest available cancellation date will be discussed with you as soon as your cancellation request has been reviewed. Cancellation requests which do not adhere to a calendar months notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed. An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider. By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

Uncapped Services

Uncapped services do not carry a usage limit (cap) but speeds will be limited to the speed of the Fibre line. The service is for personal use only and may not be resold, shared or used for commercial purposes. The use of our uncapped services by WISP’s (wireless internet service provider) is strictly prohibited. Unlimited Uncapped means there is no Fair Usage Policy, however where indicated some uncapped products carry an Acceptable Use Policy. Uncapped services are billed on a calendar month basis (1st to last day of the month) and payment is due in advance by the 1st of each month.

Acceptance Of The General Terms And Conditions

I accept and understand that; These terms and conditions are an agreement between Intrasurf (“Intrasurf “, “us”, “we” or “our”, “Service Provider”) and you (“Customer”, “User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of our website and any of our products or services. These terms and conditions form part of multiple pages within this page and may be subject to additional product specific terms and conditions.

GOVERNING LAW AND JURISDICTION

This agreement shall be governed by the laws of the Republic of South Africa. The customer`s acceptance hereof, consents to the jurisdiction of the Magistrate’s Courts. We have the right to, at our sole discretion, request proceedings in other jurisdictions.

Disclaimer Of Warranty
You agree that your use of our Website or Products or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” and “Best Effort” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that our Website, Services or Products will meet your requirements, or that our Website, Services or Products will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our Website, Services or Products or as to the accuracy or reliability of any information obtained through our Website, Services or Products or that defects in our Website, Services or Products will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Website, Services or Products is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.

Limitation Of Liability

To the fullest extent permitted by applicable law, in no event will Intrasurf, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Intrasurf has been advised as to the possibility of such damages or could have foreseen such damages.

Changes And Amendments

We reserve the right to modify this Agreement or its policies relating to the Website, Services or products at any time, effective upon posting of an updated version of this Agreement on our Website. When we do we will revise the updated date at the bottom of this page. Continued use of our Website, Services or Products after any such changes shall constitute your consent to such changes. Updated 25/12/2020

Acceptance Of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using our Website or Services or Products you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access our Website or Services or Products.

Contacting Us

If you have any questions about this Agreement, please contact us by sending an email to info@intrasurf.co.za.