Abbreviated Name as Registered with the Bank: BAREMETAL.

The individual payment instructions so authorised to be issued must be issued and delivered as follows: monthly.In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.

I / We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction.

I / We acknowledge that all payment instructions issued by you shall be treated by my / our above-mentioned Bank as if the instructions have been issued by me/us personally.

I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force if such amounts were legally owing to you.

I / We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

1. Service Highlights
This plan includes a basic home/business Internet Service Wireless (Wi-Fi), and Fibre shall be more completely described in the Agreement attached hereto.

2. Minimum Term
As this relates to a special agreement in which a free installation is included, the Terms and Conditions of this Agreement are as contained hereafter. It is agreed that the Terms will be a pre-paid monthly service, which shall commence and terminate on the dates contained in the Agreement hereto. The Terms and Conditions of termination are contained in the Agreement.

3. Service Availability
Service might not be available to all areas, homes, or Subscribers. The type of service offered may be subject to further qualification checks to determine what is available at your location. If BareMetal cannot connect your bundle services, a team shall be made available to discuss further options such as LTE, Fibre, IDSL and whatever services may be available within your area.

4. Internet Speeds
Internet speeds vary due to quite a number of factors including weather, geographical locations as well as other operations in the area Plus the type of technology available at both your home and your address and the network capability and capacity at your location. Items such as the location of your modem and how your Internet is used at your location and whether your device is connected by Wi-Fi rather than ethernet cable and the number of devices attached can all influence your network.

5. Support
Support is available via various means of communications, such as WhatsApp, telephone, email, or via our app installed on your system.

Office hours on Monday to Friday from 08:00 till 17:00

Afterhours support from Monday to Friday 17:00 till 22:00

Saturday from 08:00 till 12:00

Sunday + public holiday 08:00 till 12:00

Our WhatsApp and landline number is +27 21 371 4972, e-mail request to be sent to support@baremetal.co.za and Subscribers can download the SPLYNX Customer Application via the Google Play Store.

6. Subscription Option
When choosing an option whereby the equipment is installed, the equipment under the special offer is the property of and belongs to the Subscriber. The Subscriber should be responsible for the payment of the monthly charge for a minimum period of 12 months, and thereafter the normal cancellation policy will apply. If at any point the Subscriber does not pay the monthly subscription fees, BareMetal reserves the right to terminate the supply of service until the arrears payment has been affected and brought up to date.

1. Agreement means the contract between the Service Provider and the Subscriber.

2. Acceptable Use Policy means the Service Provider’s Acceptable Use Policy which is available on its website, and which may be updated from time to time.

3. Business Day means any day which is not a Saturday, Sunday, or state of the public holiday within the Republic of South Africa.

4. Calendar Month means any one of the 12 months in the year according to the Gregorian calendar on the first date of the last day of the respective month.

5. Call-Out Fee A R 575.00 call-out fee will be charged in the event that the Service Provider needs to send out a technician to
the Subscriber’s property.

6. Charges mean the charges payable by the Subscriber to the Service Provider as detailed in the Service Order Form.

7. Confidential Information means all information (in whatever format) which:
7.1. relates to the Agreement;
7.2. is designated as confidential by either Party;
7.3. relates to the business affairs, networks, Subscribers, products, services, developments, trade secrets, know-how and employees
of the Parties (including, in the case of the Subscriber, Personal Information); and/or
7.4. which may reasonably be regarded as being proprietary and confidential information of the Party disclosing such information.

8. Connection Date means the date when the Service Provider is in a position to and has agreed to commence provision of the Service to the Subscriber.

9. Duration This Agreement shall commence on the Connection Date and shall continue for the Term thereof or for a minimum of 12
months as more clearly indicated in the Subscription Type selected.

10. Installation Cost means the total cost payable by the Subscriber to the Service Provider under this Agreement for this service
installation.

11. Service Provider means BareMetal Computer Traders (Pty) Ltd, Registration Number 2011/112893/07, 64 Ajax Way, Woodlands,
Mitchells Plain, 7785, that provides services to the Subscriber.

12. Subscriber means a natural or juristic person described in the Service Form.

13. Subscriber Site means the site(s) and premises specified in the Service Order Form at which the Service is to be provided by the Service Provider to the Subscriber.

14. Early Termination Charges means the charge is calculated in terms of this Agreement which will be payable to the Service Provider.

1. Services
The Service Provider agrees to supply the services (service offerings or packages ordered by the Subscriber) in accordance with the terms of this Agreement. The Subscriber agrees to receive the services from the Service Provider in accordance with the terms of this Agreement.

2. Appointment and Term
2.1 The Subscriber hereby appoints the Service Provider, which hereby agrees, to provide the Services to the Subscriber on
the terms and conditions of this Agreement.
2.2 Subject to the provisions of this Agreement, this Agreement shall take effect from the Connection Date and continue for
Duration of the Agreement (“initial term”).
2.3 This Agreement shall continue for successive periods of 1 (one) month at the prevailing monthly subscription fee of the
Service Provider, unless either party serves 1 (one) calendar month written notice of termination on the other.

3. Installations The Service Provider agrees to complete the installation of the services in accordance with the terms of this Agreement. The Subscriber agrees to the terms of installation in accordance with the terms of this Agreement.

4. Other Services Upon request by the Subscriber, the Service Provider may, at its option, provide the Subscriber with additional bandwidth, overseas calls, technical and non-technical support, troubleshooting, options, custom installations, and other fees in connection with the service.

5. Subscriber The Subscriber warrants they are authorized to execute all aspects of this Agreement, or when applicable, obtained additional authorizations through signatures on this Agreement, be it individuals, lease holders, mortgage holders, partners, shareholders, landlords, who may be affected by the terms of this Agreement.

6. Effective Date The effective date shall be the date the Service Provider signs this Agreement, or acceptance of an online submission by the Subscriber, whichever comes first (hereinafter called the “Effective Date”).

7. Service Date The service date shall be the date the Subscriber connects to the Service Provider services, or within 10 days of the date the Service Provider has expired all attempts to schedule the installation of services, whichever comes first. (Hereinafter called the “Service Date”).

8. Term The term will commence on the “Service Date” and will continue thereafter for a period of 12 months unless terminated by either party as permitted by this Agreement. This Term shall automatically renew monthly following the expiration of the term, unless written notice is provided by either party to the other at least 30 days prior to the expiration date, in which case the Term will expire on said expiration date.

9. Installation Cost The cost of installation and the cost of the hardware and the product is the sum as indicated in this Agreement. These costs are recovered by the Service Provider.

10. Agreement This Agreement will remain in force for the duration of the provision of services the network and fibre components are installed on the premise, or until the network and fibre components are deemed abandoned as permitted by the terms of this Agreement.

11. Payment
11.1 The Subscriber will pay the Service Provider the one-time install fees as per selected installation options selected in Subscription Type, and recurring monthly fees as per selected “Services,” as well as any charges for “other services” and associated cost (on an estimated or actual basis). Upon 30 days or greater written notice prior to the end of the term, the Service Provider may change any fees payable under this Agreement. The Subscriber will pay all VAT levied against or upon the services stipulated (as amended by the parties from time to time) or otherwise provided by the Service Provider under this Agreement.
11.2 If the “service date” of the “services” falls prior to the 7th of any given month, the monthly fee will be pro- rated for the
balance of that month. If the “service date” of the “services” falls on or after the 15th of any given month, the monthly fee will be pro-rated for the balance of that month, plus the monthly “services” fee for the following month.
11.3 Pro-rated fees are calculated on a per day basis. Per day basis are calculated by the total of the monthly “services” fee
divided by 30.
11.4 All one-time installation fees will be payable in advance. All recurring monthly fees will be payable monthly in advance.
Monthly fees and charges for other services, which are not billed as recurring monthly fees, will be payable monthly in arrears.
11.5 The Service Provider will issue monthly invoices via email by the 25th day of each month.
11.6 Except for the first payment, which must be paid by the Subscriber to the Service Provider before commencement of the term and/or installation, all amounts will be payable on or before the 1st day of the month succeeding the month of the “services”. The Subscriber will pay by a payment option as posted on the Service Provider‘s website (www.baremetal.co.za)
11.7 Any payment not made when due will be subject to a service charge of two percent (2%) per month with a minimum service charge of R40.00, compounded monthly.

11.8 Termination or Early Termination
11.8.1 Should this Agreement be terminated for any reason throughout the initial 12-month period, being Early Termination or Cancellation, then the pro-rata portion of the Installation Costs and hardware costs calculated from the date of cancellation to the end of the 12-month period, shall be immediately become due and payable.
11.8.2 Any fees payable by the Service Provider to its FNO for the installation at the Subscriber’s property shall also become immediately due and payable by the Subscriber to the Service Provider.
11.9 If the Subscriber’s traffic usage fails to meet or exceed the amount specified as the minimum commitment in the bandwidth pricing section of the service table of this Agreement, the Subscriber will be billed for the amount of the minimum commitment.
11.10 If the Subscriber refuses service upon availability, the installation fee or the balance thereof becomes due and payable
immediately.

12. Termination Either party may terminate this Agreement on thirty (30) days written notice if the other party becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.

13. Early Termination Some packages are linked to a contractual term for a reduced or free installation. In such a case, the installation fee is amortized in the monthly service fee. The Subscriber acknowledges the term is linked to a premise.

14. Breach If the Subscriber fails to pay any amount under this Agreement on due date;
14.1 commits, suffers, or permits a breach of any term of this Agreement; or
14.2 in the Service Provider’s opinion jeopardises the Service Provider by abusing or misusing the service in any manner
whatsoever, or uses the service for any unlawful purpose; then and in any such event the Service Providershall be entitled,
without prejudice to its other rights in law, to immediately suspend its obligations under this Agreement and/or terminate
this Agreement without notice to the Subscriber. Upon termination of this Agreement in terms of this clause or for any other reason whatsoever all amounts payable by the Subscriber to the Service Provider shall immediately become due and payable and the Service Provider shall be entitled to recover all such amounts and the Service Provider’s equipment from the Subscriber forthwith.
14.3 In the event of the Service Provider having to institute legal action against the Subscriber for any reason, then the Subscriber hereby consents to the jurisdiction of the Magistrates’ Court having jurisdiction within the area in which the Subscriber resides, and furthermore undertakes to pay and be liable for all legal costs incurred on an attorney and own client basis.

15. If Subscriber is in Default If Subscriber is in default of any of its obligations under this Agreement, then the Service Provider may in its sole discretion do any or all of the following: (i) without notice suspend any of its services provided to the Subscriber; (ii) if Subscriber’s default is nonpayment of any sums due, including early termination fees and installation commitments, the Service Provider will exercise all the rights and remedies available under applicable law and in accordance with this Agreement.

16. Credit Authorisation Subscriber hereby authorises the Service Provider and gives consent to the Service Provider under applicable privacy laws for the Service Provider to obtain credit information and bank and other financial references regarding the Subscriber for the purposes of assessing the Subscriber’s credit worthiness, and the Subscriber will promptly execute and deliver to the Service Provider such further documents and assurances and take such further actions as the Service Provider may from time to time reasonably request in order to carry out the intent and purpose of this section.

17. Limitation of Liability The limit of the Service Provider‘s liability in agreement, or by statute or otherwise to the Subscriber (or its Subscribers) concerning performance or non-performance in any manner related to this Agreement, for any and all claims will not, in the aggregate, exceed the total fees paid by the Subscriber to the Service Provider under this Agreement in the immediately preceding one month from the date the claim arose. In no event will the Service Provider be liable for any lost profits, special, indirect, consequential, incidental, or punitive damages. The Subscriber acknowledges that this limitation of liability and waiver of damages is a material term of this Agreement, and that the Service Provider would not enter into this Agreement in the absence of this waiver. Subscriber expressly agree and acknowledge that the use of the service is at Subscriber sole risk, and the in particular but without limiting the generality of the forgoing, neither the Service Provider nor any of its information providers, licensors, employees, or agents warrant that the Service will be uninterrupted or error-free; nor does the Service Provider or any of its information providers, licensors, employees, or agents make any warranty or representation as to the result to be obtained from the use of the Service. The Service and any deliverables provided by the Service Provider or those for whom it is responsible in law are provided "as is" and "as available" without warranties or conditions of any kind except for those explicitly referred to in this Agreement. Neither the Service Provider nor anyone else involved in creating, producing, or delivering the Service shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use
of the Service or inability to use the Service. In addition, Subscriber expressly agree and acknowledge that neither the Service Provider nor any of its affiliates warrant that any data or files sent to Subscriber be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of Subscriber computer equipment, or that any Content, or other materials accessible on the Service is free of viruses or harmful elements or components. There are no express or implied representations, warranties, or conditions whatsoever (including warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service or any merchandise, information or service provided on the Internet and all representations, warranties, or conditions of any kind, express or implied, are to the extent permitted by the applicable law excluded hereby.

18. Force Majeure Neither party will be liable for any delay, interruption, or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming Force Majeure will promptly notify the other. The party claiming Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This section will not apply to excuse a failure to make any payment when due. Should Novus actus interveniens occur, which would make the supply of the service impossible, i.e., a digger breaking the fibre cable, then similarly, the Subscriber shall have no liability but shall use the Subscriber’s best endeavours to get the service reinstated.

19. Reselling The service is intended to be provided to a home or a business location. The Subscriber shall not resell, distribute, or share the service, with or without fees, to any individual, party, or entity, unless specifically authorized in writing by the Service Provider.

20. Package Change The Subscriber has the option to select alternative service (service offerings) only as an upgrade at any time. The Service Provider will supply the upgraded service on the 1st of the month following the month the service is requested.

21. Indemnity Except to the extent of the Service Provider‘s gross negligence or willful misconduct, and to the fullest extent permitted by law, Subscriber hereby agrees to indemnify hold harmless, protect, and defend the Service Provider and the Service Provider‘s agents, employees, representatives and contractors from and against any and all claims, causes of action, liabilities, losses, costs, damages, whether foreseeable or unforeseeable, arising out of or related to any act, omission or neglect, installation, or arising from or related to the Subscriber’s use of or activities through use of the services. The provisions of this section 18 shall survive the termination, cancellation, or expiration of this Agreement.

22. Undertaking The Subscriber undertakes to place a SABS approved surge arrestor to protect the installation and the equipment against electrical surges and loadshedding. The Subscriber shall be liable to insure the hardware of the installation against theft at its replacement

23. Call-Out Fee Should the Service Provider be imposed upon to do a call-out, then in that event the current service and call-out fee will be as contained in the Definitions section.

24. Faults The Service Provider shall not be liable to repair any faults occasioned by electrical surges, water contamination or any influence outside of normal wear and tear.

25. Installation With the Installation, it is confirmed that the Service Provider will use the best possible practices in establishing where to install the hardware on the instructions of the Subscriber. Should any damage occur, the Service Provider will, as far as reasonably possible, attempt to correct this damage. No movement of the installation will be completed by the Service Provider until a charge there for has been agreed and paid.

26. Miscellaneous
26.1 Notices All approvals, requests, authorizations, directions or other communications under this Agreement, with the exception of maintenance notifications and those explicitly referred to otherwise in this Agreement, will be given in writing to the party’s address for such party and will be deemed to have been delivered and given for all purposes (i) on the delivery date, if delivered personally; (ii) one business day after deposit with a commercial overnight carrier, with written verification of receipt, if sent by courier; (iii) upon completion of transmission, if sent via facsimile with a confirmation of successful transmission; and (iv) upon personal acknowledgement by the recipient, if sent by email.
26.2 Compliance with Laws The Subscriber, at Subscriber’s cost, shall fully comply with all applicable laws, regulations, rules,
and ordinances pertaining to Subscriber’s use of the Service Provider‘s services. The Subscriber shall also comply with all reasonable rules and regulations established from time to time by the Service Provider for the provisioning of the services.
26.3 Assignment The Subscriber may not assign this Agreement or any of its rights or obligations or the license hereunder, without the prior written consent of the Service Provider. The Service Provider may assign its rights and obligations under this Agreement without the Subscriber’s consent.
26.4 No Waiver No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
26.5 Severability and Reformation If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
26.6 Remedies not Exclusive The remedies available to the parties under this Agreement are cumulative and not exclusive to each other, and any such remedy will not be deemed or construed to affect any right which either of the parties is entitled to seek at law, in equity or by statute.
26.7 Relationship The relationship of a Service Provider to Subscriber will be that of an independent Service Provider, and
neither the Service Provider nor any employee of the Service Provider will be deemed to be an agent or employee of the Subscriber.
26.8 Choice of Law and Agreement This Agreement will be governed and interpreted by the laws of the jurisdiction where the Service Provider offices are located, without regard to its conflicts of law provisions. The parties hereby irrevocably and unconditionally agree to the non-exclusive jurisdiction of the courts of the jurisdiction where the Premises are located, and all courts competent to hear appeals therefrom.
26.9 Further Assurances Each of the parties will promptly execute and deliver to the other at each party’s own expense such further documents and assurances and take such further actions as the other may from time-to-time request in order to more effectively carry out the intent and purpose of this Agreement and to establish and protect the rights, interests and remedies intended to be created in favour of the other.
26.10 Liens and Encumbrances The Subscriber will not have the power, authority or right to create and will not permit any lien or encumbrance, in connection with the Equipment and installation. The Subscriber shall not permit any liens to be filed against the Equipment and installation. The Subscriber further covenants and agrees that any lien filed against the Equipment, for work claimed to have been done for, or materials claimed to have been furnished to the Subscriber, will be discharged by the Subscriber, within fifteen (15) days after the filing thereof, at the sole cost and expense of Subscriber.  The Service Provider shall have the right at all reasonable times to post and keep posted on the Subscriber’s premise any notices which it deems necessary for protection from such liens. If any such liens are filed and not released within that fifteen (15) day period, the Service Provider may, without waiving its rights and remedies based on that breach by the Subscriber, and without releasing the Subscriber from any of its obligations, cause such liens to be released by any means it shall deem proper, including payment in satisfaction of the claim giving rise to such liens.
26.11 Language This Agreement and all related documents have been drawn up in English at the mutual request of the parties hereto.