1.Introduction of Service

Access to www via the Skysurf Hotspot Network, wired or wireless, referred to as “the service”, is subject to the full terms and conditions as contained in this document. These terms and conditions may be altered from time to time without notice, client responsible to revisit these terms and conditions from time to time to familiarize with content by using this service you agree with the full terms and conditions as set out.

2.Conditions of Use

The service provider agrees to provide the client access to the service as subscribed to on the full terms and conditions of this agreement. By using the service you agree that you will not circumvent the user authentication process and service speed limiters or attempt to access the service provider’s network. Should the client fail to comply with the full terms and conditions of this agreement and/or breach any of the provisions specified, the client agrees to pay the service provider, on demand all costs, loss or damages incurred or suffered by the service provider as a result of such breach.

3.Service Availability

The service provider will use the best possible endeavours to ensure that the service is available at all times. The client however indemnifies the service provider from any losses whatsoever, be it loss of business information, loss of data or any other direct or indirect financial losses resulting from unavailability or interruption of the service regardless of whether such a claim is based on breach of contract, intentional/negligent breach of duty of care that inflicts loss or harm that triggers legal liability, implied warranties or even if the service provider or its employees were negligent.

4.Communication With the Service Provider Staff

Clients can be held accountable for their conduct towards the staff of Skylink Networks LTD, including conduct pertaining to allegations or malicious conduct directed towards Skylink Networks LTD or its staff.

Any abusive behaviour including but not limited to threats, offensive language, aggressive conduct or any type of intimidation on a public forum directed at Skylink Networks LTD or its staff will not be tolerated. Should such conduct occur, Skylink Networks LTD reserves the right to suspend or terminate all services to a client with immediate effect.

Any client that uses public platforms such as forums or social media to spread false allegations, defamation or cause any action that diminish the reputation or public perception of Skylink Networks LTD could have their services suspended or terminated with immediate effect. Skylink Networks LTD also reserves the right to institute appropriate action against such a client to remedy any such perception.

5.Security & Privacy

All customer information required for providing the service including personal information such as address, telephone numbers and banking details will be kept in the strictest confidence by Skylink Networks LTD and will not be distributed or sold to third parties.

The client may not use the service of Skylink Networks LTD in any way that can compromise the security of its network and may not tamper with the network or service in any way.

The client is solely responsible for the protection of their data on any personal computing devices (Computers, Laptops, Tablets, Smartphones) when using the Skylink Networks LTD service. Devices should be adequately protected with the required anti-virus, spyware, firewall and encryption where required. Skylink Networks LTD cannot be held responsible for any breach of security that occurs on client devices.

The client may not use the service provided by Skylink Networks LTD for any illegal or unlawful activity. This includes (but is not limited to) gathering or email addresses or names for political, commercial, charitable or any other use as well as gathering personal information of third parties without their consent. In addition, the client may not violate or allow the violation the privacy of any person or attempt to gain unauthorised access to the Skylink Networks LTD network or any other network by hacking, phishing, password mining or any other action that compromises the privacy of any person or network.

If any client is found to engage in any of the above actions, Skylink Networks LTD reserves the right, without prejudice to any other rights to without notice and immediate effect, suspend or terminate any client service and/or agreement without refunding any paid service as any such action is deemed a breach of contract. Furthermore, Skylink Networks LTD reserves the right to invoice the client with any costs incurred inclusive of bandwidth, administrative fees, possible downtime caused and any other costs incurred to rectify the breach of security. Although the client’s personal information is protected by a confidentiality clause, client information may be made available to any person or entity affected by these actions. Skylink Networks LTD does not keep a record of any passwords to access client premises Wi-Fi routers. It is the responsibility of the client to ensure that access to premises equipment is secured by not providing outside parties with the access code to connect to these routers.

6.Subscription Options and Notice Periods

All ISP services rendered by HX System are rendered on a month to month basis, in accordance with the package selected by the specific client, without the client being locked into a fixed term contract.

6.1.Private Individuals

Should a client opt to cancel the agreement at any time, the client is not obliged to give any notice of his/her intention to do so, provided such cancellation is communicated to Skylink Networks LTD in writing.

Should the client fail to communicate such cancellation in writing to Skylink Networks LTD, Skylink Networks LTD reserves the right to continue billing the client for ISP services rendered until such written notice of cancellation is received.

6.2.Businesses

Should a client opt to cancel the agreement at any time, the client is obliged to give Skylink Networks LTD one (1) calendar months’ written notice. Should the client fail to communicate such cancellation in writing to Skylink Networks LTD, Skylink Networks LTD reserves the right to continue billing the client for ISP services rendered until such time as the notice period (one calendar month), calculated from date of receipt of the written notice of cancellation is received by Skylink Networks LTD.

7.Breach of Contract

The following conduct will constitute breach of contract by the subscriber:

1. Using the internet service for any illegal activities
2. Bypassing any authentication methods and/or speed or data limitation methods used by the service provider.
3. Accessing or attempting to access any part of the service provider’s network infrastructure.
4. Failing to make payment for provision of services within the stipulated time frame.
5. Abusive behaviour including but not limited to threats, offensive language, aggressive conduct or any type of intimidation on a public forum directed at Skylink Networks LTD or its staff.

Where a client is in breach of contract, Skylink Networks LTD reserves the right to cancel any subscription agreement with the client by giving 24 hours’ notice of cancellation of services. In addition to terminating an account, the service provider can take any action deemed necessary to collect any monies outstanding from the subscriber in lieu of his subscription agreement and may collect all equipment deemed part of the subscription agreement from the premises of the subscriber. Failure by the subscriber to allow access to the service provider to remove the CPE device from the subscription address may result in legal action to remedy the situation.

8.Service Providers' Right for Collection of Subscriptions

Should a matter arise where the service provider billed an amount less than the agreed subscription fee the service provider reserves the right to bill the client for any amount that should have been billed as per the subscriber agreement. The service provider does not give up its rights for the collection of the amount that has become in arrears as a result of such an error or omission. The client undertakes to make payment of any such arrear amount that resulted from incorrect billing by the service provider notwithstanding payment of the revised subscription as per the original subscription agreement which will become due on the next billing cycle.

9.Suspension of Services

Where a subscriber fails to make payment on the date of the subscription fee becoming due, the service provider has the right to suspend the service to any subscriber without providing further notice. All subscriptions are payable in advance and payment for services for the month is payable on or before the 1st day of the month for the service to be delivered in the forthcoming month. Where a client has signed a debit order with the service provider and the debit order is not honoured by the subscriber’s bank, the account will be deemed not paid and will be suspended without notice to the subscriber.

10.Reduced Subscriptions In Promotional Periods

From time to time the service provider may offer discounted subscription and/or installation fees as a promotion for new clients.

Notwithstanding the prices offered in these promotional periods, subscribers remain bound by their original subscription agreements and the rate of subscriptions as contained in said agreements. Existing subscribers will not automatically qualify for the reduced subscriptions and in no way will such promotions constitute a change in the original subscriber agreement.

Skylink Networks LTD reserves the right to offer promotional subscription periods without notification to existing subscribers nor is Skylink Networks LTD obliged to offer these reduced subscriptions to existing subscribers.

11.Entire Agreement

This agreement sets out the entire agreement between the Parties. No Party has entered into this agreement in reliance upon any representation, warranty or undertaking of the other Party that is not expressly set out or referred to in this agreement. This clause shall not exclude any liability for fraudulent misrepresentation. This agreement supersedes any previous agreement or understanding relating to its subject matter; This agreement may not be varied except by an agreement of the Parties and reduced to writing.

12.Language of Agreement

This agreement has been negotiated and concluded in English. It may be translated into any other language for practical purposes, but the version shall prevail in the event of any doubt.