Terms & Conditions

In this Agreement, the following words and phrases will have the corresponding meaning, unless the context otherwise requires:

• Agreement: as between you and Dinges Tech, these General & Service Terms read together with any terms stated in the Application, Service Order, applicable Service-specific terms, Acceptable Use Policy and Fair Use Policy.
• Authority and Mandate: The authorisation you give to Dinges Tech to debit your account monthly on the selected date, which does not constitute the granting of credit or amount to a credit agreement.
• Application: the online or manual application form through which you provide the information required to order a Product or Service, which, when accepted by Dinges Tech, becomes a binding Service Order.
• Billing Start Date: the date from which billing for a Service commences. Depending on the Service, this will generally be the date on which the FNO, Upstream Provider or Dinges Tech confirms that the Service has been activated, handed over or otherwise made available for use.
• Business Day: every day excluding Saturdays, Sundays and public holidays in the Republic of South Africa.
• Charges: all charges and fees payable by you to Dinges Tech in respect of a Service, as set out or referred to in a Service Order and revised from time to time in accordance with this Agreement and applicable law.
• Call Charges: the usage charges applicable to voice or packet-switched telecommunications services.
• Once-Off Charges: charges including, but not limited to, installation, connection, activation, equipment and setup charges which are non-recurring.
• Monthly Fee: monthly recurring charges for a Service.
• Contended: multiple users sharing available network capacity. Contention may vary depending on the Service, network design, FNO, Upstream Provider and package selected.
• Uncontended: a Service specifically supplied as having dedicated capacity or a defined uncontended connection, where expressly stated in the Service Order.
• Customer Data: technical, account, billing, usage and other data which is reasonably necessary for the establishment, operation, billing, support or maintenance of a Service. Regulated Customer Data includes information whose collection, use, processing, retention or transfer is regulated as personal information under applicable law.
• Customer Site or Site: a physical location at which a Service is provided.
• Domicile: the physical address supplied by you in your Application or other accepted documentation at which you elect to receive formal legal notices, subject to any subsequent change notified to Dinges Tech.
• Effective Date: in relation to a Service, the date upon which Dinges Tech accepts your correctly completed Application and any required documentation and confirms the applicable Service Order.
• Emergency Works: works necessary to prevent or address circumstances likely to cause danger to persons or property, interruption of Services, material network failure, security risk or substantial loss to Dinges Tech or a third party.
• Fibre Network Operator (“FNO”): a third-party network operator that owns, operates, manages or provides access to fibre or other last-mile infrastructure used to deliver a Service to a Customer. An FNO is not necessarily the Internet Service Provider supplying Internet connectivity to the Customer.
• Force Majeure Event: any cause beyond a Party’s reasonable control affecting the performance of its obligations, including fire, flood, explosion, accident, severe weather, war, acts of terrorism, widespread power outages, strikes, industrial disputes, embargoes, governmental requirements, civil or military authority, acts of God, changes to laws or regulations, inability to secure materials or services, cable breaks, theft or vandalism of network infrastructure, and acts or omissions of other telecommunications or network providers.
• Dinges Tech Forms: the application, coverage, order, cancellation and other forms made available by Dinges Tech. Coverage information obtained through such forms is indicative and remains subject to final confirmation by Dinges Tech, the applicable FNO or Upstream Provider.
• Network: the points of presence, routers, network hubs, authentication systems, host computers, IP connectivity and other infrastructure owned, operated, managed or used by Dinges Tech in connection with the provision of a Service.
• Party: Dinges Tech or you, as the context requires, and “Parties” means both you and Dinges Tech.
• Product: any product offered by Dinges Tech for Services, whether standalone or bundled with another product or value-added service.
• Provider: depending on the applicable Service, an FNO, mobile network operator, electronic communications provider, Internet provider, voice provider, hosting provider or other third-party provider whose infrastructure or services are used in providing the Service.
• Upstream Provider: an appropriately licensed or otherwise authorised third-party provider from whom Dinges Tech obtains electronic communications, Internet, network, voice, mobile, hosting or related services which may be incorporated into or resold as part of a Service.
• Resold Service: a Service supplied, managed or billed by Dinges Tech where the underlying electronic communications or network service is provided wholly or partly by an Upstream Provider.
• Service: the specific service(s) provided, managed or resold by Dinges Tech to you and further described in the relevant Service Order.
• Service Order: your accepted order for a specific Service to be provided by Dinges Tech.
• Service Equipment: hardware, software, systems, cabling and facilities provided by Dinges Tech at your Site to make the Service available. Unless expressly sold to you, Service Equipment supplied on a loan, rental or free-to-use basis remains the property of Dinges Tech. Equipment supplied or owned by an FNO or Provider remains subject to that Provider’s ownership terms.
• Uncapped: a Service where usage is not subject to a fixed monthly data allocation, although the Service may remain subject to an applicable Fair Use Policy, network management policy or other disclosed limitations.
• Unshaped: a Service where Dinges Tech does not intentionally prioritise or differentiate between classes of Internet traffic or protocols, except where reasonably necessary for network management, security, regulatory compliance or where otherwise specified for the Service.
• Calendar Month: the period beginning on and including the first day of a calendar month and ending on and including the last day of that calendar month.
• Month-to-Month: an Agreement which automatically continues on a monthly basis and may be cancelled in accordance with the cancellation provisions of this Agreement and applicable South African law.
• Proof of Address (Domicile): an acceptable document confirming the Customer’s physical address, where required for verification or regulatory purposes.
• Proof of ID: acceptable identification documentation required by Dinges Tech and/or the applicable Provider for verification, RICA, FICA or other lawful purposes.
• Wi-Fi: wireless networking technology using radio frequencies to connect devices to a network. Wi-Fi performance is affected by physical structures, distance, interference, device capabilities and other environmental factors.
• VOIP: Voice over Internet Protocol, being technology that enables voice communications to be transmitted over an Internet Protocol network.
• Interpretation: unless the context otherwise requires, the singular includes the plural and vice versa. A person includes a natural or juristic person and their lawful successors and permitted assigns. A reference to a document includes that document as lawfully amended from time to time. To the extent that goods or Services provided under this Agreement are governed by the Consumer Protection Act or other applicable legislation, these Terms are qualified and must be interpreted accordingly.

• Go to the Dinges Tech website and register by entering the required details. Where your Service includes Internet connectivity, coverage may be checked before an Application is completed.
• Any coverage result is indicative only and is subject to final feasibility, network availability and confirmation by Dinges Tech and/or the applicable FNO or Provider.
• The Dinges Tech Form or quotation will generate or form the basis of a Service Order reflecting the applicable once-off fees and recurring monthly Charges.
• You must provide such proof of identity, proof of residence, company documentation, RICA documentation or other information as may reasonably or legally be required for the Service.
• Once your Application is accepted by Dinges Tech, the Agreement is complete and the applicable Service Order and payment arrangements will apply.

Services Rendered

Dinges Tech provides and/or resells Services including Internet Connectivity Packages, Fibre, Wireless Broadband, Air Fibre, LTE/5G, VOIP Packages, Domain, Email and Web Hosting Services, IT and Network Services, Business Automation Software Services and other technology-related Services.

Depending on the specific Service, geographic area and underlying network arrangement, Dinges Tech may:

• provide the Internet or electronic communications Service directly under its applicable ICASA licence;
• provide Internet access using the last-mile infrastructure of an FNO;
• utilise third-party transit, interconnection or network infrastructure in providing its Service; or
• act as a reseller of a Service provided by an appropriately licensed Upstream Provider.

The applicable arrangement may differ according to Service, FNO and geographic location.

• You will be billed from the applicable Billing Start Date. Where activation occurs during a month, the Service may be billed pro-rata together with the applicable advance Monthly Fee.
• Any temporary or additional Services requested and activated will be billed to you.
• You may terminate a Service Order by giving Dinges Tech the applicable notice prescribed in clause 8 below, subject always to any rights available to you under applicable South African law.
• Upon termination, you must return any equipment which remains the property of Dinges Tech or an applicable Provider. Failure to return such equipment may result in you being invoiced for its reasonable replacement value.
• Various additional terms may apply according to the Service Order, FNO or Provider. Termination, installation, migration or other requests may therefore attract additional charges where these have been incurred by Dinges Tech and may lawfully be recovered from you.

Service Terms

• Services may be contended or uncontended, capped or uncapped, shaped or unshaped, depending on the specific Product and network selected. The characteristics applicable to your Service will be stated in the Service Order, Product description, quotation and/or applicable Fair Use Policy.
• Where a fibre Service is supplied, access may be provided through a fibre Access Circuit supplied by an FNO and connected to Dinges Tech’s Network or an applicable Upstream Provider.
• Access Circuit: Dinges Tech and/or the applicable FNO will supply, configure, activate or test the Access Circuit as applicable. Facilities, electrical work, additional cabling and other work required within the Customer Site which falls outside a standard installation are not included unless specifically stated.
• Dinges Tech may provide Internet access by transmitting and delivering IP packets between devices connected to your network and other networks in accordance with Dinges Tech’s standard network, peering, transit and/or upstream arrangements.
• Throughput Rates and IP Access: Access to and across the applicable network is provided at the maximum or expected throughput rates specified in the Service Order. Unless specifically sold as a guaranteed or dedicated Service, maximum throughput rates are not guaranteed.
• Due to the nature of the Internet, Dinges Tech can only directly control performance across network components under its reasonable control. Performance may also be affected by FNO infrastructure, Upstream Providers, international networks, third-party platforms, Customer equipment, Wi-Fi conditions and other external factors.
• Throughput may be subject to the applicable Acceptable Use Policy, Fair Use Policy or reasonable network-management measures.
• IP Addresses: Depending on the Service, the Customer may receive a private IP address, an address behind Carrier Grade Network Address Translation (“CGNAT”), a dynamic public IP address or a static public IP address. IP addresses may be allocated by Dinges Tech or an applicable Upstream Provider. Unless a static public IP Service has specifically been ordered or agreed, Dinges Tech does not guarantee that an IP address will remain unchanged. Any IP address allocated remains under the control of Dinges Tech and/or the applicable Provider and may not be transferred by the Customer. Static IP Services may attract additional charges.
• Monitoring: Dinges Tech may monitor the operational health and performance of Services and network infrastructure by collecting network and technical information reasonably required for network management, troubleshooting, security and Service support.
• Reporting Service: Dinges Tech may provide usage or technical information through a Dinges Tech portal or other platform. Such information will only be made available to authorised users, employees, contractors or Providers where reasonably required.
• Resale of Service: You may not commercially resell or redistribute a Service to third parties unless Dinges Tech has expressly approved this in writing or the Service is specifically sold as a reseller or wholesale Service.
• Accuracy of Your Information: You will provide Dinges Tech with accurate and up-to-date information when completing an Application and when reporting a fault. Dinges Tech will not be responsible for delays or losses arising from materially inaccurate or incomplete information supplied by you.
• Maintenance: Scheduled maintenance on the Dinges Tech Network will generally be performed during appropriate maintenance windows. Dinges Tech, FNOs and Upstream Providers may also perform maintenance at other times where reasonably required. Dinges Tech reserves the right to perform emergency maintenance without prior notice but will endeavour to provide reasonable notice where circumstances permit.
• Third-Party Networks: Where a Service relies on an FNO or Upstream Provider, provisioning, maintenance, restoration times and certain technical characteristics may depend upon that Provider. Dinges Tech will use reasonable endeavours to manage and escalate faults with the applicable Provider where Dinges Tech is responsible for managing the Customer’s Service.
• Security: Dinges Tech will take reasonable technical and organisational measures in relation to systems under its control. You remain responsible for the security of your own devices, passwords, applications and internal network unless Dinges Tech has specifically contracted to manage those systems.
• Disclaimer: Dinges Tech cannot guarantee uninterrupted communication with third-party networks or Internet services outside its reasonable control. Nothing in this clause excludes liability which may not lawfully be excluded.

• Testing over Wi-Fi (LTE)

  The Internet Service is a best-effort broadband Service unless expressly sold with a specific SLA or guaranteed performance level.

  Dinges Tech endeavours to ensure that the Service performs in accordance with the applicable Product when tested under suitable conditions over a wired LAN/Ethernet connection.

  Wi-Fi operates over radio frequencies and is affected by factors outside Dinges Tech’s direct control, including:

  • distance from the router;
  • walls and building materials;
  • electrical and radio interference;
  • neighbouring Wi-Fi networks;
  • device capability;
  • router placement;
  • number of connected devices; and
  • use of the 2.4 GHz and 5 GHz frequency bands.

  Accordingly, Wi-Fi speed or coverage throughout the Customer Site is not guaranteed unless Dinges Tech has specifically supplied a managed Wi-Fi or coverage solution for that purpose.

  Should you suspect that the underlying Internet connection is unstable or performing below the applicable package speed, testing should, where reasonably possible, be performed via LAN/Ethernet rather than Wi-Fi.

  Before testing:

  • Disconnect or disable other devices using the connection, including VOIP phones, tablets, mobile phones, smart TVs and other high-usage devices.
  • Connect a suitable computer directly to the Dinges Tech router or applicable ONT/CPE using an Ethernet cable where technically appropriate.
  • Ensure that the computer is not performing downloads, updates, backups or other resource-intensive tasks.
  • Conduct an appropriate speed test using a suitable local test server.
  • Where the wired test indicates performance materially below the applicable Service speed, send the test results to support@dingestech.co.za or contact 010 141 5650 so that the technical team can investigate.

  Use of the Service is subject to the Dinges Tech Acceptable Use Policy (“AUP”) and applicable Fair Use Policy (“FUP”).

  Where a third-party Provider’s terms are necessarily applicable to the provision of an underlying network or Service, those terms may apply to the extent relevant to that Service, provided that they do not unlawfully diminish rights afforded to the Customer under applicable South African law.

  Where there is a conflict between these Terms, a Service Order, Provider requirement and mandatory South African law, mandatory applicable law will prevail.

• The Service Equipment will be provisioned with a standard configuration appropriate to the ordered Service.
• Equipment may be sold to you, rented to you, supplied by an FNO or supplied by Dinges Tech on a free-to-use or loan basis.
• Unless expressly sold to you, any free-to-use or loan equipment remains the property of Dinges Tech or the applicable Provider.
• In the event of failure of Service Equipment, Dinges Tech will repair or replace, at its discretion, Service Equipment where the failure is covered by the applicable manufacturer’s warranty or Dinges Tech’s equipment obligations.
• Where Service Equipment is replaced, you must return the original Service Equipment where requested.
• You accept liability for reasonable repair or replacement costs where failure or damage results from misuse, unauthorised modification, negligence, theft, electrical damage, physical damage or other circumstances not covered by the applicable warranty.
• You may be held liable for damage or loss of Provider-owned terminal equipment, including an ONT, CPE, router or other device, where the applicable Provider lawfully charges Dinges Tech for that equipment.
• Free-to-use Dinges Tech routers must be returned following termination where requested. Failure to return the equipment may result in the reasonable replacement value being charged to your account.

• In performing its obligations under the Agreement, Dinges Tech will exercise the reasonable skill and care expected of a competent electronic communications, Internet and technology service provider.
• Dinges Tech will use reasonable endeavours to ensure that each Service conforms to the applicable Service terms.
• Where Dinges Tech is providing a regulated electronic communications Service, Dinges Tech will provide that Service in accordance with its applicable ICASA licence conditions and applicable South African legislation and regulations.
• Where the Service is dependent upon an FNO or Upstream Provider, Dinges Tech will use reasonable endeavours to manage and escalate Service-related matters falling within that Provider’s responsibility.
• Except where expressly stated in the Agreement or required by applicable law, no additional warranty or representation is given regarding the availability or performance of infrastructure outside Dinges Tech’s reasonable control.
• The Internet Service provided by Dinges Tech is limited to the scope of the Internet or electronic communications Service purchased. Dinges Tech is not responsible for unrelated IT problems, Customer-owned equipment failures, internal network configurations, software issues or other technical issues outside the scope of the Service.

IT Support and SLA

• If IT-related support is requested for an issue unrelated to the Internet Service and the Customer does not have an IT SLA with Dinges Tech, the Customer may be charged for the IT support provided.
• Such support will be billed separately at the applicable labour, call-out or support rate communicated to the Customer.

Call Charges

• You will pay all applicable Charges to Dinges Tech in accordance with this clause.
• Call Charges to South African numbers will be determined with reference to applicable termination and provider rates from time to time.
• International Call Charges will be determined in accordance with the rates and billing methodologies applied by the applicable international termination partners.
• Charges will accrue from the Billing Start Date and may include:
  
  • Call Charges;
  • Once-Off Charges;
  • installation and activation charges;
  • equipment charges;
  • Rental Charges; and
  • Monthly Fees billed monthly in advance.
• Services provided for part of a month may be charged on a pro-rata basis.
• Call Charges will generally be billed between the 1st and 7th of each month for the previous month’s usage and are payable by the applicable due date. This does not apply to prepaid Services with a predetermined call limit.

Payment Terms

• The Billing Start Date will commence when the applicable Service has been activated, handed over or otherwise made available for use, including where applicable the collection or delivery of equipment required to use the Service.
• Subject to applicable law and reasonable notice, Dinges Tech may impose a reasonable credit limit on an account where necessary for usage-based Services.
• Invoices must be paid using the payment method agreed with Dinges Tech, including debit order or EFT.
• The initial payment may include Once-Off Charges, the applicable pro-rata amount and one Monthly Fee in advance.
• In the event that a debit order is not honoured, reasonable interest may accrue on an overdue amount where legally permissible and in accordance with the Agreement. A returned debit order may attract the applicable disclosed debit order rejection/administration fee.
• If an amount remains unpaid after its due date, Dinges Tech may suspend the affected Services in accordance with clause 8 and applicable law.
• Dinges Tech may immediately suspend Services where reasonably necessary due to fraud, insolvency risk, unlawful use, security risk or where required by a lawful authority, subject to applicable law.
• Where Services are suspended for a breach attributable to you, amounts legitimately incurred by Dinges Tech in maintaining the underlying Service may remain payable, subject to applicable law.
• If overdue amounts are paid in full, Services may be reactivated subject to the Service remaining available and any reasonable reactivation fee charged by the FNO or Provider.
• If you wish to dispute an invoice or part thereof, you should provide written notice to accounts@dingestech.co.za as soon as reasonably possible, identifying the invoice, disputed amount, reason for the dispute and supporting information.
• A billing dispute does not suspend your obligation to pay amounts which are not genuinely disputed.
• Services suspended for non-payment may subsequently be cancelled with the applicable FNO or Provider. Reactivation following such cancellation may require a new order and may attract installation, activation or reconnection charges imposed by the Provider.
• In the event of continued non-payment, Dinges Tech may refer the lawful outstanding amount for collection and may recover collection costs to the extent permitted by applicable law.
• Any reporting to a credit bureau will be undertaken only where legally permitted and in accordance with applicable notice, consumer credit and data protection requirements.

• You will provide Dinges Tech with such facilities, access and information as Dinges Tech may reasonably require to perform its obligations or exercise its rights under the Agreement.
• You warrant and undertake that you will:
  
  • use Service Equipment only for its intended purpose;
  • not move, modify, relocate, tamper with or interfere with Service Equipment owned by Dinges Tech or an applicable Provider without permission;
  • take reasonable care of Service Equipment installed at the Customer Site;
  • not create or allow any lien, pledge, charge or other encumbrance over equipment which you do not own;
  • return free-to-use Dinges Tech equipment upon termination where required;
  • comply with reasonable FNO or Provider requirements relating to equipment located at the Site;
  • not use the Services for unlawful purposes; and
  • comply with the current Dinges Tech Acceptable Use Policy and applicable Fair Use Policy.

Service Suspension

At its discretion, subject to applicable law and without prejudice to any other rights under the Agreement, Dinges Tech may suspend the provision of a Service or part thereof where:

• you have materially breached the Agreement;
• an amount lawfully due remains unpaid;
• Dinges Tech is obliged to comply with an order, instruction or request of a court, regulator, government agency, emergency service or other lawful authority;
• Emergency Works must be carried out;
• Dinges Tech has reasonable grounds to believe the Service is being used fraudulently, unlawfully or in material violation of its Acceptable Use or Fair Use Policies;
• continued operation of the Service presents a material security or network risk; or
• an FNO or Upstream Provider suspends the underlying Service for reasons outside Dinges Tech’s reasonable control.

Where reasonably practicable and legally required, Dinges Tech will provide notice of suspension and the reason for it.

Dinges Tech will use reasonable endeavours to restore a suspended Service once the circumstances giving rise to the suspension have been remedied.

Where suspension results from your breach, fault, act or omission, you may be responsible for reasonable costs incurred in suspending or recommencing the Service, where legally permissible.

Non-Payment of Services

• Dinges Tech may take reasonable collection action in respect of amounts which remain unpaid.
• Where legally permissible, Dinges Tech may use appropriate credit information for legitimate account risk, debt recovery and fraud-prevention purposes in accordance with applicable law and its Privacy Policy.
• Suspension does not automatically constitute cancellation of the Service.
• If a Service remains suspended for non-payment, Dinges Tech may cancel the underlying Service with the applicable FNO or Provider after the applicable notice and collection process.

Downgrades

• To downgrade a Service package, you must generally provide one full calendar month’s notice, unless the applicable Provider permits an earlier downgrade.
• Upgrade requests may be implemented sooner where technically and commercially possible.
• Provider upgrade, downgrade or migration fees may be passed on where applicable and disclosed.

Cancellation by the Customer

• Unless otherwise stated in a Service Order or promotional agreement, Dinges Tech’s standard contractual cancellation period is 2 FULL calendar months’ notice, and not merely 60 days.
• The above contractual notice period is subject always to any rights granted to the Customer by the Consumer Protection Act 68 of 2008 or other applicable legislation.
• Where the Consumer Protection Act entitles a Customer to terminate a fixed-term consumer agreement on 20 Business Days’ notice, that statutory right will apply, subject to any reasonable cancellation penalty or charge which Dinges Tech is legally entitled to impose.
• Certain promotional, installation-subsidised, fixed-term or minimum-commitment Services may attract reasonable early termination charges where permitted by law.
• Where Dinges Tech has already placed an order with an FNO or Provider and the Customer cancels after costs have been incurred, the Customer may remain liable for reasonable installation, activation, provisioning, cancellation or other charges actually incurred by Dinges Tech, where legally recoverable.
• All cancellation requests must be submitted through the designated Dinges Tech cancellation process or customer portal.
• Dinges Tech will provide confirmation once the cancellation request has been received and processed.
• Cancellation of the Service does not remove the Customer’s obligation to pay Charges lawfully incurred up to the effective termination date.
• Equipment belonging to Dinges Tech or the applicable Provider must be returned where required.

Termination for Breach

Either Party may terminate the Agreement or relevant Service Order:

• where the other Party commits a material breach incapable of remedy;
• where a material breach capable of remedy is not remedied within the applicable reasonable notice period;
• where a Force Majeure Event continues for such period that provision of the Service becomes impractical;
• where continued provision of the Service would be unlawful; or
• as otherwise permitted by applicable law.

Dinges Tech may terminate a residential or personal-use Service where it is materially and repeatedly used for a commercial purpose contrary to the applicable Product terms and the Customer fails to remedy such use after reasonable notice.

Where Dinges Tech has reasonable grounds to believe there has been a material violation of its Acceptable Use or Fair Use Policies, Dinges Tech may require the Customer to remedy the violation. Immediate action may be taken where unlawful activity or an imminent threat to the Network exists.

Upon termination, accrued Charges not yet invoiced will become payable when invoiced.

If a Service Order is cancelled before installation after the FNO, contractor or Provider has already carried out work or incurred charges, the Customer may be liable for those reasonable costs to the extent permitted by applicable law.

• Dinges Tech will exercise reasonable care and skill in providing Services under its control.
• To the maximum extent permitted by applicable law, Dinges Tech will not be liable for indirect, incidental, special or consequential loss resulting from the use or inability to use a Service, including loss of revenue, profit, opportunity or data where such liability may lawfully be excluded.
• Dinges Tech will not be responsible for failures caused by FNOs, Upstream Providers, electricity networks, third-party platforms, international networks, Customer equipment or circumstances outside Dinges Tech’s reasonable control, provided that Dinges Tech will use reasonable endeavours to escalate faults with a Provider where Dinges Tech manages the Customer’s Service.
• Dinges Tech is unable to exercise editorial control over content accessible through the Internet and accepts no responsibility for the quality, legality, content or accuracy of information obtained from third-party services.
• Nothing in this Agreement excludes, limits or attempts to waive any liability or Customer right which may not lawfully be excluded or limited under South African law.
• Where liability may legally be limited, any limitation will apply only to the extent reasonable and permitted by applicable law.

Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for delay or failure in performance, other than payment obligations already lawfully incurred, to the extent that such delay or failure is attributable to a Force Majeure Event.

The affected Party will take reasonable steps to minimise the impact of the Force Majeure Event and resume performance when reasonably possible.

You acknowledge that patents, registered and unregistered designs, copyrights, trademarks, software and other intellectual property rights used in connection with the Service and/or Service Equipment remain the property of Dinges Tech, its contractors, licensors or suppliers, as applicable.

Nothing in this Agreement transfers ownership of such intellectual property to you unless expressly agreed in writing.

• You acknowledge that Dinges Tech and its respective contractors and service providers may, through provision of the Services, process Customer Data.
• Dinges Tech will maintain reasonable technical and organisational measures designed to protect personal information and Customer Data against unlawful access, loss, destruction, alteration or unauthorised disclosure.
• Personal information will be processed in accordance with applicable South African data protection legislation, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).
• Dinges Tech and its respective service providers may use or process Customer Data where reasonably necessary:
  
  • to provide, provision and support Services;
  • for account administration;
  • for billing and reconciliation;
  • for Customer verification;
  • for network operation and maintenance;
  • for security and fraud detection;
  • to comply with legal or regulatory requirements;
  • to communicate operational information regarding Services; and
  • for other lawful purposes disclosed in Dinges Tech’s Privacy Policy.
• Dinges Tech may provide necessary Customer information to an FNO, Upstream Provider, payment provider, contractor, regulator or other service provider where reasonably required to provide the Service or comply with applicable law.
• Where processing is based solely upon consent, you may withdraw that consent. Withdrawal of consent will not prevent processing which remains necessary to perform the Agreement, comply with law, manage billing, prevent fraud or exercise another lawful basis for processing.
• Further information regarding personal information may be contained in Dinges Tech’s Privacy Policy.

• You are responsible for maintaining the confidentiality of passwords, Wi-Fi credentials, SIP credentials and other account security information.
• You must notify Dinges Tech as soon as reasonably possible if you become aware of unauthorised access to your account or Service.
• You are responsible for reasonable security precautions relating to your own devices and systems.
• Where additional charges arise because Customer credentials were knowingly or negligently disclosed or left materially unsecured, the Customer may remain liable for legitimate usage charges, subject to applicable law and investigation of the circumstances.
• Dinges Tech may reset credentials or restrict access where reasonably necessary to protect a Service, Customer or Network.

• By accepting these Terms & Conditions electronically, including by ticking an acceptance box on a Dinges Tech digital form, you agree to the use of electronic communications and electronic signatures in relation to your account and transactions, to the extent permitted by applicable South African law.
• Electronic acceptance may be used for Service Orders, applications, mandates, authorisations and other transactions where electronic acceptance is legally permissible.
• Electronic records maintained by Dinges Tech may be used as evidence of an Application, acceptance, transaction or instruction subject to applicable law.

Regulatory Compliance

Where Dinges Tech provides regulated electronic communications Services under its own licence, such Services will be provided subject to:

• the Electronic Communications Act 36 of 2005;
• Dinges Tech’s applicable ICASA licence conditions;
• applicable ICASA End-User and Subscriber Service Charter requirements;
• applicable consumer-protection requirements; and
• other applicable South African legislation and regulations.

Where Dinges Tech acts as a reseller of an Upstream Provider’s Service, the responsibilities of Dinges Tech and the underlying licensed Provider will depend on the nature of the Service and applicable regulatory requirements.

Nothing in these Terms is intended to exclude or restrict any statutory right which cannot lawfully be excluded or restricted.

Customer Complaints

Customers may lodge complaints relating to billing, installation, Service performance, faults or other Services through Dinges Tech’s designated support or customer-service channels.

When lodging a complaint, the Customer should provide sufficient account information and details of the matter to enable Dinges Tech to investigate it.

Dinges Tech will record, investigate and respond to complaints in accordance with its internal complaints procedure and applicable regulatory requirements.

Where applicable, a reference or ticket number will be issued or maintained for the complaint.

Dinges Tech will endeavour to resolve complaints within the periods prescribed by applicable ICASA requirements.

Where a complaint falling within ICASA’s jurisdiction remains unresolved after the applicable internal complaints process has been completed, the Customer may refer the matter to ICASA in accordance with ICASA’s consumer complaints process.

• No Waiver: Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement will not constitute a waiver of that right or prevent its later enforcement.
• Variation: Dinges Tech may amend these Terms where reasonably necessary due to changes in law, regulation, Provider requirements, network arrangements, products or business operations. Material changes affecting existing Customers will be communicated where required by applicable law.
• Entire Agreement: These General Terms, together with all applicable active Service Orders and incorporated policies, constitute the agreement between Dinges Tech and you in relation to the applicable Service.
• Survival: Termination will not affect any provision which by its nature must continue after termination, including payment obligations, intellectual property, privacy and lawful liability provisions.
• Governing Law: The Agreement is governed by the laws of the Republic of South Africa.
• Severability: If any provision is found to be unlawful or unenforceable, that provision will be limited or severed to the extent necessary without affecting the remaining provisions.