Customer Relationship Terms

  1. PARTIES
    The parties to this Agreement are:
    1. Hymax SA (Pty) Ltd, registered number Reg: 2000/006285/07; and
    2. Subscriber
  2. DEFINITIONS
    In this agreement, unless the context indicates the contrary intention, the following words and expressions will have the following meanings:
    1. “This Agreement” means the terms and conditions contained in this Agreement and including, but not limited to any price list or subscription form, customer registration document, schedule of service or any other document attached hereto.
    2. “Commencement date” means the earlier of (i) the date of signature of this Agreement by the Party signing last in time; (ii) the date of signature by the Subscriber of the initial Schedule of Services;(iii) the date on which Services commenced in terms of this Agreement, as evidenced by an itemised invoice issued by the Service Provider that was paid by the Subscriber;
    3. “Connection” means the activation of the Subscriber account to the system.
    4. “Equipment” means any equipment provided to the Subscriber in terms of this Agreement as specified in the Service Definition.
    5. “Data” means any data, including personal information as defined in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) and/or any equivalent legislation of the jurisdictions(s) where the obligations in terms of this Agreement are being provided and/or performed, supplied to Hymax by the Subscriber or Processed on behalf of the Subscriber by Hymax.
    6. “Data Protection Laws” means:
      1. any statute, regulation, bye-law, ordinance or subordinate legislation, including the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) and the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
      2. any court order, judgment, or decree;
      3. any industry code, policy or standard enforceable by law;
      4. any direction, policy, rule or order made or given by any regulatory body;
      5. relating to the use and protection of Data.
    7. “Hymax” means Hymax SA (Pty) Limited, a company with limited liability, duly incorporated and registered as such in terms of the company laws of the Republic of South Africa and having its principal place of business and Head Office at 1st Floor, Block C, M5 Park, Eastman Road, Maitland, Cape Town.
    8. “Intellectual Property ” includes, any copyright (whether or not registered), design rights, inventions (whether or not patented), logos, business names, service marks and trademarks (whether or not registered), internet domain names, moral rights, rights in databases, data, Hymax methodology, Hymax technology, source codes, reports, drawings, specifications, know how, business methods and trade secrets; applications for registration, and the right to apply for registration, for any of these rights; and all other intellectual property rights and equivalent or similar forms of protection; existing anywhere in the world owned or licensed to the Service Provider whether prior to the Commencement Date or thereafter.
    9. “Initial Period” means the period over which particular Services will be provided, commencing on the Service Commencement Date and enduring for the period set out in the Schedule of Services
    10. “Line-item Service” means each line item of the discrete Services to be provided by the Service Provider pursuant to this Agreement, as set out in the relevant Schedule of Services and which together comprise the Services;
    11. “Monthly Subscription” means the monthly charges, (whether fixed or usage based) payable for the Services.
    12. “Network” means the telecommunication network(s) indicated.
    13. “Package” means the published tariff of charges made by Hymax for ongoing connection to the Network(s), as revised from time to time.
    14. “Personal Data” means any of the Subscriber’s data, of whatsoever nature, supplied to and/or stored, collected, collated, accessed or processed by Hymax under or in connection with this Agreement, including personal information as defined in the Protection of Personal Information Act, No. 4 of 2013;
    15. “Process” means have the meaning ascribed to it in Chapter 1 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) as amended and “Processing” shall have a corresponding meaning.
    16. “Re-connection Charge” means the charge payable by the Subscriber to Hymax for re connecting the Equipment to the system.
    17. “Ready for Service Certificate” means a document in substantially the form set out in Annexure 3;
    18. “Renewal Period” means a period of 12 (twelve) months;
    19. “Services” means the Services and other services to be provided by Hymax to the Subscriber in terms of this Agreement, as set out in the relevant Schedule of Services and Service Definitions attached hereto.
    20. “Service Definitions” means the details of the Services to be provided by Hymax to the Subscriber in terms of this Agreement, which Service Definition shall be attached hereto as an annexure;
    21. “Schedule of Services” means a document substantially in the form of Annexure 2 stipulating the specific Services to be provided by Hymax to the Subscriber in terms of this Agreement, together with the applicable Fees, Initial Term and other information relevant to the Services, as such Schedule of Services may be amended or supplemented to from time to time by the Parties in terms of the Variation Procedure;
    22. “Service Commencement Date” means the date on which specific Line-item Services will commence, being the date on which the Ready for Service Certificate in respect of a Line-item Service is signed off, or deemed to have been signed off, by the Client in terms of clause 5.3;
    23. “Subscriber” means the customer named on the Application form to this Agreement who is the user of this Service.
    24. “System” means public telecommunications system(s) operated by the global network operator(s) through which the Services are made available by Hymax to the Subscriber upon connection.
    25. “Variation Procedure” means the variation procedure set out in in clause 12 of This Agreement.
  3. ACCEPTANCE OF APPLICATION
    Acceptance will only take place if the Subscriber passes credit checking to Hymax’s satisfaction. The terms and conditions contained shall apply to the exclusion of all others whether implied or proposed by the Subscriber orally or in writing unless expressly accepted in writing and signed by a General Manager/Director of Hymax.
  4. TERM
    1. This Agreement shall commence on the Commencement Date and, subject to the rights of termination stipulated herein, continue thereafter until the termination or lapsing of all Services listed in the Schedule of Services.
    2. Each Line-item Service contemplated in a Schedule of Service shall commence on the relevant Service Commencement Date and shall endure for the relevant Initial Term, whereafter it shall be automatically renewed for further Renewal Periods, subject to the right of either Party to terminate the specific Line-item Service at the end of its relevant Initial Term or any Renewal Period on no less than 90 (ninety) days written notice to the other Party prior to the expiry of the Initial Term or any Renewal Term.
  5. CONNECTION TO THE SYSTEM AND PROVISION OF SERVICE
    1. Hymax shall commence setup of the Services upon signature of the relevant Schedule of Services by the Subscriber.
    2. In order for Hymax to commence set-up of the Services as per clause 5.1, the Subscriber warrants that any site requirements for either voice or data installations are in place or completed prior to the implementation of the Services. For voice Services, the Subscriber will ensure that at the time of the set-up of the services, its telephony system is compliant with Hymax’s minimum specifications and is installed and fully operational at each site prior to the Hymax installation and set up. If implementation is delayed by reason of Subscriber’s failure to ensure the site requirements are in place, Subscriber will pay all direct and reasonable wasted costs of Hymax attributable to such delay including without limitation the cost of subcontractors and costs of time wasted in the abortive site visits.
    3. The Subscriber understands that the timing of the installation cutover is dependent on supplier infrastructure availability where applicable,
    4. Upon completion of the setup of each Line-item Services, Hymax shall present the Subscriber with a Ready for Service Certificate for signature by the Subscriber to confirm that the relevant Line-item Services are ready for commencement.
    5. Should the Subscriber:
      1. fail to sign off the Ready for Service Certificate in respect of any Line-item Services within 5 (five) Business Days of the submission of the Ready for Service Certificate by Hymax and fail to inform Hymax of any problems with the setup or configuration of specific Line-item Services within such period; or
      2. commence use of any Line-item Services;

      it shall be deemed to have signed-off on the relevant Line-item Services on the earlier of the date on which it commences use of the Services or the relevant period lapses.

    6. The Subscriber understands and agrees that in the event it prevents, inhibits or delays in any way whatsoever the implementation or set up of the Services by Hymax, the Subscriber shall remain liable to Hymax for the costs incurred by Hymax for such delays which delay costs shall equal the Monthly Subscription that Hymax would have been entitled to charge for the Services had the Subscriber not prevented or delayed the implementation of the Services. The Subscriber agrees that such charges are fair and reasonable and shall be genuine pre-estimate of the damages which would otherwise be suffered by Hymax in the circumstances as set out in this clause and could not reasonably be construed as liquidated damages.
    7. Hymax shall use all reasonable endeavours to maintain the connection while the Subscriber abides by the terms and conditions of this Agreement.
    8. Hymax reserves the right to set, withhold or adjust credit limits at its sole discretion on reasonable notice to the Subscriber. The Subscriber authorises Hymax to make any and all inquiries necessary in order to access such credit rating.
    9. Hymax shall (i) not disclose any Personal Data provided to it in terms of this Agreement to any third party without the Subscriber’s written permission, and (ii) apply appropriate security measures to protect the Personal Data and complying with all applicable data protection laws. In the event of any unauthorised, unlawful and/or unintended processing, access, disclosure, exposure, alteration, loss, or destruction of the Personal Data, Hymax shall immediately notify the Subscriber and take reasonable steps to investigate and remediate such incident;
  6. PAYMENT AND BILLING
    1. The Subscriber shall pay Hymax within 7 (seven) days of the date of invoice by Hymax monthly subscription(s), call charges, line rentals, equipment rentals, equipment supplied, value added Services charges, re-connection charges, installation charges and any additional charges for the Service.
    2. Payment for the Service shall be by debit order only, unless an Agreement to the contrary is given in writing by Hymax to the Subscriber, and Hymax reserves the right to require any deposit it reasonably deems fit in advance of providing or extending the Service. Should a deposit be required, this will be agreed to in writing between both parties.
    3. Where applicable, VAT is payable on all charges at the rate ruling at the applicable time.
    4. Subject to clause 8 hereunder the Subscriber shall be liable for all charges for the Service provided to the Subscriber whether the Subscriber uses the Service or not. Neither Party shall be entitled to withhold and/or claim any deduction, set off, exchange or counterclaim howsoever arising in respect of goods supplied and / or Services rendered
    5. The price of the Services provided by Hymax to the Subscriber upon the Subscriber’s order therefore, shall be the tariff rate applicable when the Services are provided to the Subscriber. Hymax has the right on reasonable notice to change the tariff provided that Hymax provides written notice of such tariff change to.
    6. Notwithstanding clause 6.5, in the event the reason for the change in pricing is due to fluctuations in exchange rate where the Monthly Subscription payable by the Subscriber is based on a rate of exchange other than South African Rands and such pricing has during the term of the Agreement fluctuated or increased by more than the base rate used to calculate the initial Monthly Subscription, the Subscriber agrees that Hymax shall be entitled to effect such changes within the month in which the exchange rate fluctuation occurs, with or without notice.
    7. Interest will be charged on all overdue accounts at the prime rate quoted by Hymax’s bankers from time to time.
    8. The Subscriber accepts liability for any Industry or Government levy, tax or tariff imposed on Hymax as a result of providing Services to the Subscriber and same shall be paid in terms of 6.1.
    9. To the extent allowed by law if the Subscriber fails to object to any item appearing on Hymax’s statement or invoice in writing within 30 days of the date of invoice, the account shall be deemed to be in order and the Subscriber shall be deemed to have agreed to the charges thereon until the contrary is proved.
  7. OBLIGATIONS OF THE SUBSCRIBER
    1. The Subscriber acknowledges that the system is operated under license from the regulatory authorities and that the Service is provided by Agreement with the network(s) and the Subscriber hereby undertakes:-
      1. not to use or to permit the use of the system for any unlawful, improper or immoral purpose;
      2. to comply with all reasonable instructions by Hymax relating to the system and use of the Service;
      3. to use only the Equipment duly approved to the standards set down by ICASA (the Independent Communications Authority of South Africa) and approved by Hymax; and
      4. not to act or omit to act in any way which would injure or damage any persons, property or the system or cause the quality of Service to be impaired.
    2. The Subscriber acknowledges that the system and the Service:
      1. are only a general aid to communication and must be used in conjunction with any and all instructions relating thereto issued by Hymax and / or manufacturers of Subscriber Equipment and / or the Service operators; and
      2. may be subject to interference and atmospheric conditions and physical features, including without prejudice to the generality hereof high buildings, tunnels and proximity of other airwave users.
    3. The Subscriber hereby indemnifies and holds Hymax harmless in respect of any claim, cost, damages and losses (including loss of profit and legal fees as between attorney and own client) sustained by Hymax as a result of breach of this Agreement by the Subscriber.

      The nature of the above provision is that it imposes an obligation on the Subscriber to indemnify Hymax and its effect is to increase the Subscriber’s obligations and / or liabilities.

    4. The Subscriber shall at its own expense insure the Equipment provided to the Subscriber in terms of this Agreement with a registered insurer of the Subscriber’s choice. The Subscriber agrees to assign, cede and make over the right, title and interest in any insurance policy affected in terms of this Agreement to Hymax.
  8. LIMITATION OF LIABILITY
    1. Hymax shall not be liable whether in contract, delict or otherwise for any loss or damage (whether direct, indirect, consequential, financial or otherwise) caused to the Subscriber through any failure or suspension of the Service, the system in accordance with the provisions of the Agreement, or any defect, failure or suspension of the Subscriber equipment or any change in the Subscriber’s Service or phone number(s);
    2. To the extent allowed by law, Hymax shall not in any matter whatsoever be liable for the acts or omissions of whatever nature of its dealers / agents or any other party;
    3. Hymax will not be held responsible for the failure and/or non-routing of emergency numbers and will not be liable for the consequence or events arising from this non-routing.
    4. Hymax’s liability for foreseeable damages to the Subscriber, for any cause whatsoever, and regardless of the form of action, whether in contract or delict, shall be limited to actual monies paid to Hymax in respect of the actual breach/s;
    5. In no event, and notwithstanding anything said to the contrary in this Agreement, shall Hymax be liable to the Subscriber in any way for any indirect, special or consequential damages.

      Clause 8 limits and excludes obligations, liabilities and legal responsibilities which Hymax will have towards the Subscriber and also limits and excludes the Subscriber’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the Subscriber. The Subscriber understands and agrees that there will be no liability to Hymax due to non-routing of calls to emergency numbers.

  9. TERMINATION AND SUSPENSION OF SERVICES
    1. Hymax shall have without prejudice to any claims or remedies which it may have in law against the Subscriber the right to terminate the connection in terms of this Agreement without liability upon the happening of any of the following events:
      1. if Hymax for whatever reason is unable to provide the Service;
      2. if payment of the charges to anyone is not made on the due date;
      3. if the Subscriber commits a breach of this Agreement or in the case of a breach capable of written notice requiring rectification other than in 9.1.2 fails to rectify the same within 7 days of Hymax delivering written notice requiring rectification of it or if any information supplied by the Subscriber to Hymax is found by Hymax to be false or misleading; and
      4. if the Subscriber commits any act of insolvency, or if any application or order of sequestration / liquidation (whether temporary or final) is made against the Subscriber, or in the case of a Subscriber being a limited company, the Subscriber is unable to pay its debts as they fall due within the meaning of the Companies Act or if any application or resolution to wind up the Subscriber is passed or presented otherwise than for the reconstruction or amalgamation or is an administrative receiver/trustee/liquidator or judicial manager is appointed over any of the Subscriber’s assets property or if any power of such an appointment arises.

        This Clause limits and excludes obligations, liabilities and legal responsibilities which Hymax will have towards the Subscriber and also limits and excludes the Subscriber’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the Subscriber.

    2. Hymax may from time to time without notice or liability on its part notwithstanding the aforegoing provisions of this clause at its absolute discretion suspend or disconnect or suffer the suspension or disconnection of the connection and / or Service to the Subscriber equipment referred to herein or any other Equipment referred to herein or any other Equipment used by the Subscriber in any of the following circumstances:-
      1. during any technical failure, or maintenance of the Service or the system; or
      2. if the Subscriber fails to comply with any of the terms and conditions contained herein (including failure to pay charges on the due date) until the breach (if capable of remedy) is remedied; or
      3. 9.2.3. if the Subscriber does or allows to be done anything which in Hymax’s reasonable opinion may have the effect of jeopardising the operation of the Service.

      The provisions of this clause 9.2 shall apply in the same way to any improvement, modification or change to the Service or System provided that Hymax must give the Subscriber reasonable notice.

    3. Hymax may terminate the connection and / or affect a block on the Service Equipment from use on any network(s) if the Subscriber fails to comply with the provisions of clause 9.1.2 to 9.1.4. In the event of such failure, the Subscriber shall be liable to pay upon demand to Hymax the monthly access charges calculated from the date of cancellation to date when the Agreement would have run its term, as provided for in terms of clause 4, but for cancellation such access charges to constitute damages which the parties hereto accept will reasonably have been incurred by Hymax.
    4. In addition upon disconnection as hereinbefore referred to, the Subscriber shall pay on demand all charges outstanding or arising at the time of disconnection whether due for payment or not and including any reasonable charges and reasonable disconnection fee which Hymax may at its sole discretion levy, which amount shall be immediately due and payable.
    5. Hymax may refuse to reactivate connection(s) to the network(s) under the Agreement until the Subscriber has paid all charges owing and complied with all obligations in terms of this Agreement.
    6. Hymax shall be entitled to recover as a debt upon invoice thereof addressed to the Subscriber at the Subscriber’s last known address, alternatively the address of the Subscriber in this Agreement, all costs including attorney and client costs and collection commission incurred by Hymax in or about the enforcement or any obligation of the Subscriber hereunder including but not limited to all costs which Hymax may incur as a result of the Subscriber’s failure at any time to provide accurate information as and when required hereunder or in connection therewith.
    7. Hymax shall have the right, without prejudice to any other right that it may have in terms of this Agreement or at law, at any time and without notice to the Subscriber, to blacklist the Subscriber, and / or to suspend the Services or any part thereof, and / or to discontinue the use of the
    8. Equipment by electronic or other means in any of the following circumstances without prejudice to its rights concerning the liability of the Subscriber to continue to effect payment of the monthly access fee:-
      1. for so long as the Subscriber remains in breach of its obligation in terms of this Agreement; and / or
      2. for so long as the Subscriber acts contrary to the provisions contained in this Agreement; and / or
      3. if the quality of the Service or the operation of the system is adversely affected due to any act or omission on the part of the Subscriber, and / or
      4. if the Subscriber contravenes any legislation including the Electronic Communications and Transactions Act.
  10. OBLIGATIONS OF THE SUBSCRIBER
    1. The Subscriber acknowledges that any and all Intellectual Property proprietary to Hymax are and shall remain the property of Hymax. The Subscriber shall not for the duration of this Agreement, or at any time after termination or cancellation or expiration of this Agreement, acquire or be entitled to claim any right or interest therein or in any way question or dispute the ownership thereof;
  11. COMPLIANCE
    1. The Subscriber has sole responsibility to ensure that the information it and its users transmit and receive over the Network complies with all applicable laws and regulations, including but not limited to Data Protection Laws.
    2. The Subscriber hereby agrees that in using the Services it shall at all times comply, and shall procure that its staff at all times comply, with Hymax Acceptable Use Policy (AUP) from time to time as such is published on Hymax website (www.eoh-ns.co.za).
    3. The Subscriber shall be required to implement (i) industry acceptable anti-virus software on desktop and laptop computers and (ii) any further requirements as communicated by Hymax and agreed upon in writing by the Parties
    4. The onsite-security of the Subscriber’s IT network and its telephony equipment is the responsibility of the Subscriber. The Subscriber indemnifies and holds Hymax harmless against any costs or damages incurred by the Subscriber due to without limitation any security breaches (such as hacking and SIP fraud) of the Customer IT network or equipment and/or any changes made to such IT network or equipment by any third party. Any and all Monthly Subscription charges incurred in light of any security breaches shall be for the Subscriber account.
  12. DATA PROTECTION
    1. The Parties acknowledge and agree that all Data provided by the Subscriber to Hymax, or to which Hymax may be exposed, shall constitute Confidential Information.
    2. Hymax hereby warrants, represents and undertakes in favour of Hymax that it shall at all times strictly comply with all applicable Data Protection Laws which may be in force from time to time.
    3. Hymax hereby warrants, represents and undertakes that it shall not, at any time Process Data for any purpose other than with the express prior written consent of the Subscriber, and to the extent necessary to provide the Services.
    4. Hymax further warrants, represents and undertakes that it shall ensure that all its systems and operations which it uses to provide the Services including all systems on which Data is Processed as part of providing the Services, shall at all times be of a minimum standard required by all applicable Data Protection Laws.
    5. Hymax shall take appropriate and reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Data and the unlawful access to or Processing of Data. The measures taken must at all times be of a minimum standard required by all applicable Data Protection Laws.
    6. Hymax shall take reasonable steps to identify all reasonably foreseeable internal and external risks posed to Data under Hymax’s possession or control and establish and maintain appropriate safeguards against any risks identified. Hymax shall notify the Subscriber of any security compromises or suspected security compromises of which it becomes aware or suspects, immediately on becoming so aware or forming such a suspicion.
    7. Hymax indemnifies the Subscriber and holds it harmless against any and all claims or causes of action for loss or damage, brought against, or any loss, expense, damages or costs suffered or incurred by the Subscriber as a result of any breach by Hymax of its obligations set out in this clause 12.
  13. FORCE MAJEURE
    To the extent allowed by law, Hymax shall not be liable for any breach of this Agreement if and to the extent that such breach arises as a result of any act of God, government or any other administrative act or omission, sabotage, riot, explosion, controls, restrictions, prohibition or other acts of any local or national government (including any requirement connected to the licensing arrangements under which Hymax operates) or industrial disputes of any kind.

    The above clause limits and excludes obligations, liabilities and legal responsibilities which Hymax will have towards the Subscriber and also limits and excludes the Subscriber’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on this Subscriber.

  14. VARIATION PROCEDURE
    Hymax shall be entitled from time to time at its absolute discretion to:-
    1. vary or amend these terms and conditions from time to time and any such amended or varied terms and conditions shall be binding on the Subscriber from the time that the Subscriber is notified thereofand agrees thereto in writing. . Any subsequent provision of Service by Hymax to the Subscriber shall be on Hymax’s amended terms and conditions;
    2. make such modifications to the Service and make, or agree to, such changes to the system as it may reasonably consider necessary, which changes shall not affect the current Services being provided. Wherever practicable 30 (thirty) days prior written notice shall be given of such changes
    3. delegate, cede, assign or transfer all or any part of its right, title and interest in and to this Agreement without notice to the Subscriber;
    4. This contract, with the additional terms set out in an addendum signed by the parties, represents the entire Agreement between Hymax and the Subscriber and shall govern all future contractual relationships between Hymax and the Subscriber and shall also be applicable to all debts which the Subscriber may owe to Hymax prior to the Subscriber’s signature hereto.
  15. SUBSCRIBER CHANGES
    1. The Subscriber is entirely and totally prohibited, in any manner whatsoever, from passing the Service over to any third party without written permission from a Director or General Manager of Hymax.
    2. If the Subscriber breaches clause 15.1, the Subscriber will remain personally liable in terms of this Agreement, despite passing the Service over, without prejudice to Hymax’s rights under the law.
  16. ENFORCEMENT
    The failure to enforce or to require the performance at any time or any of the provisions of this Agreement will not be construed to be a waiver of such provisions, and will affect either the validity of this Agreement or any part thereof or the right of any party to enforce the provisions of this Agreement.
  17. ENTIRE AGREEMENT
    This Agreement contains the entire Agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior Agreements between the parties, whether written or oral with respect to the subject matter of this Agreement.
  18. GOVERNING LAW
    This Agreement and the relationship of the parties in connection with the subject matter of the Agreement will be governed in accordance with the laws of South Africa. The Parties hereby consent and submit to the jurisdiction of the South Gauteng Division of the High Court of the Republic of South Africa, in any dispute arising from or in connection with this Agreement
  19. AUTHORITY
    The signatory warrants that he/she has the authority necessary to enter into this Agreement and to do all things necessary to procure the fulfilment of the Subscriber’s obligations in terms of this Agreement.
  20. NOTICES AND DOMICILIUM
    1. Any notice required to be sent herein shall be sent by prepaid registered post or facsimile to the addresses of the parties as it appears in the subscription form to which this Agreement is attached and signed by the Subscriber.
    2. Either Party may give written notice to the other, change its domicilium to any other physical address in the Republic of South Africa, provided that such change shall take effect fourteen 14 (fourteen) days after delivery of such written notice.
    3. Any notice to be given by either Party to the other shall be deemed to have been duly received by the other Party if addressed to the addressee at its domicilium and posted by pre-paid registered post on the 10th day after the date of posting thereof.
    4. It is recorded that nothing in this clause shall operate so as to invalidate the giving or receipt of any written notice which is actually received by the addressee other than by a method referred to in this clause.
  21. CONSUMER PROTECTION ACT
    1. If this Agreement and/or any goods and/or Services provided under this Agreement are regulated by the Consumer Protection Act No 68 of 2008, as amended, replaced or re-enacted from time to time (“Consumer Protection Act”), it is not intended that any provision of this Agreement contravenes any provision of the Consumer Protection Act and therefore all provisions of this Agreement must be treated as being qualified, if necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. Nothing in this Agreement limits or exempts Hymax from liability for any loss directly or indirectly attributable to the gross negligence of Hymax or any person acting for, or controlled by, Hymax to the extent that the law does not allow this, and nothing in this Agreement requires the Subscriber to assume risk or liability for this kind of loss to the extent that the law does not allow this.
    3. Even if another provision of this Agreement states otherwise, if the Subscriber is a natural person and this Agreement is a fixed term agreement regulated by section 14 of the Consumer Protection Act:
      1. Hymax may only cancel this Agreement arising from a material failure by the Subscriber, after giving 20 business days written notice to the Subscriber of such failure, unless the Subscriber has rectified the failure within that time; and
      2. the Subscriber can terminate this Agreement, without penalty or charge, by paying all amounts owing up to date of cancellation

      Further policies and procedures are as per the Hymax website – www.hymax.co.za. Copies of which have been provided to the Subscriber and the Subscriber acknowledges that the Subscriber is aware and familiar with these.