Unless the context otherwise indicated, the following expressions shall have the meanings given to them here under:
“Act” means the Electronic Communications Act No. 36 of 2005;

“agreement” means these general terms and conditions, including all schedules and annexures hereto, together with the terms of any orders and the acceptable use policy which are incorporated herein by reference;

“business day” means Monday to Friday, excluding public holidays published as such in the government gazette;

“business hours” means from 08h00 (8am) to 17h00 (5pm) South African time, on business days;

“charges” means MRC, NRC, usage fees and any other charges payable under this agreement;

“contract term” means the term of the applicable services as set out in the applicable service order or on the website;

“customer” means the person that has entered into an agreement with Kwenacom for the provision of goods or services or the user of the website, whichever applies in the circumstances;

“ECTA”– means the Electronic Communications and Transactions Act 25 of 2002, as amended;

“effective date” means the date of signature of the agreement; alternatively, the date on which this website is accessed;

“goods” means the any IT goods, including but not limited to hardware and software that Kwenacom providers to customer in terms of an order;

“household” means the home or dwelling where the party who entered into the agreement/concluded the order with Kwenacom;

“intellectual property” means all intellectual property rights, including but not limited to any domain names;
know-how (not in the public domain); invention (whether or not patented); design, trademark, copyright material (whether or not registered), material eligible for copyright in terms of applicable legislation trade or business names, trade secrets or any similar rights to any of the above rights that may subsist in South Africa or elsewhere, whether or not such rights are registered or capable of being registered;

“mrc” means monthly recurring cost;

“NCA” means the National Credit Act 34 of 2005, as amended;

“nrc” means non-recurring cost;

“order” means a goods or services order, which ever applies, that sets out the commercial terms for the provision of goods or services by Kwenacom to the customer. This includes an order sent to Kwenacom via email, the website or any other means. “party” means either Kwenacom or the customer and “parties” means both of them collectively and shall be deemed to mean and include their respective successors and permitted assigns’;

“personal information” has the meaning ascribed to such term in the POPI Act;

“personnel” means any director, employee, agent, consultant, contractor or other representative of a party;

“premises” means the premises where Kwenacom provides the services;

“POPIA” means the Protection of Personal Information Act 4 of 2013;

“services” means any services that Kwenacom providers to the customer in terms of the order;

“services commencement date” means the commencement date specified in the order and if no commencement date is specified, the first day on which the service is activated or provided;

“service levels” means the levels according to which Kwenacom will provide the service as agreed by the parties in the order or as specified on the website;

“site(s)” means the customer’s premise(s) where the service will be rendered;

“third party contractor” means the contractor, supplier, or licensor (which ever applies) of any goods or services, but which is not a party to this agreement;

“website” means www.clearaccess.co.za or any localised URL derivative owned by Kwenacom. It also includes the Kwenacom system, or any other system being used by Kwenacom for purposes of fulfilling its obligations in terms