DualMail

Service Conditions

Installation requirement

The cost of providing the power supply and all charges incurred for the use of such power, shall be for the Customer's account. The Customer agrees that the risk of loss or damage to or destruction of Telkom equipment installed on the Customer's premises, where where applicable, regarding the provision of the DualMail service in terms of this Agreement, shall pass to the Customer from the date the equipment is installed. Notwithstanding the passing of the risk, the ownership of the equipment remains vested in Telkom.

Charges

The charges for the DualMail Service will be subject to adjustment on the 1st of January of each year, based on the percentage charge in the year on year (December on December) Consumer Price Index (CPI) as published by Statistics South Africa PO141.1 Metropolitan areas: Core Inflation - or if the publication of such index is discontinued, the most similar Index as compiled and published monthly by Statistics South Africa in a statistical news release or anybody authorised in its stead, in terms of the Statistics Act 1976, as amended, (or any statutory placing in such Act). The Customer shall pay all connection charges, initial charges and single payment charges, as well as all charges for GPRS as provided by the Mobile Operator.

Termination

Telkom may terminate this agreement summarily if the Customer fails to comply with any of these conditions or in the event of notice of the intention to surrender the Customer's estate or if the Customer's estate is sequestrated or in the event of the Customer's death.

Telkom reserves the right to suspend or disconnect any user performing illegal activities on the network which can result in prosecution in a court of law.

Limitation of Liability

Telkom shall not be liable in terms of the Agreement in delict, contract, warranty or otherwise for any special or consequential or direct damage as a result of performance or non-performance of the services provided pursuant to this Agreement, including damages to or destruction of data, information, files, or databases, loss of profits or other economic loss, suffered by the Customer or any third party, which arises out of or is pursuant to any negligent act or omission of Telkom or its consultants.

Irrespective of any other provision contained in the Agreement, Telkom shall not be liable to the Customer for any claim, whether for direct damages or for consequential damages made by the Customer or any third party.

In no event shall either Party be liable to the other Party or its customers or to third parties for any indirect, special or consequential damages.The Customer warrants that their conduct in performing this Agreement will conform to all applicable and valid laws and government rules and regulations.

Except to the extent required by applicable law, other than those warranties expressly provided in this Agreement, the Parties make no warranties, representations or conditions of any kind, including but not limited to any warranties of merchantability or fitness for a particular purpose, relating to any matters in this Agreement.

Force Majeure

Neither Party shall be liable for any failure or delay in performance of services hereunder due to any occurrence commonly known as force majeure, including, without limitation, acts of God, any governmental body (de jure or de facto) or public enemy, riots, embargoes, strikes or other concerted acts of workers (whether of the parties or others), casualties or accidents, and shortage of power, labour or materials, or any other causes, circumstances or contingencies, whether of a similar or dissimilar nature to the foregoing, beyond the parties' control, which prevent or hinder the performance by the Parties of any of its obligations herein.

In such an event, notice will be given to the other Party as soon as reasonably possible. Upon such notice, a party may cancel or delay performance hereunder for so long as such performance is delayed by such occurrence or occurrences and in such event the parties shall have no liability to each other. If any of these causes continue to prevent or delay performance for more than ten (10) days, a party may terminate this Agreement, effectively immediately, upon notice to the other Party.