1. DEFINITIONS AND INTERPRETATIONS
1.1. For the purpose of these Terms, unless otherwise indicated by the context, the words and expressions below shall have the meanings assigned to them, and similar expressions shall have corresponding meanings:
1.1.1. Acceptable Use Policy: The acceptable use policy of Your Communications, which forms part of these Terms and may be updated from time to time.
1.1.2. Affiliates: Directors, managers, shareholders, members, agents, representatives, holding companies, and subsidiaries of Your Communications, as defined under the Companies Act, 2008.
1.1.3. Applicable Laws: All relevant laws and regulations in South Africa and/or internationally, as applicable.
1.1.4. Application Form: The form or email request delivered by the Customer specifying the services to be provided by Your Communications (e.g., internet services).
1.1.5. Business Customer: A customer that: Is a legal entity; and Operates with more than five registered employees; and/or Requests business-specific services.
1.1.6. Business Day: Monday to Friday, excluding public holidays as defined by the Public Holidays Act, 1994.
1.1.7. Conditions: These terms and conditions governing the provision and use of Your Communications’ services, including all rules, policies, and notices applicable, as amended from time to time.
1.1.8. Your Communications Infrastructure: The network and systems owned or operated by Your Communications to deliver services.
1.1.9. Customer Premises: The address specified by the Customer in the Application Form where the services are to be delivered.
1.1.10. Customer: The individual or entity that: Applies for services; and/or Agrees to pay for the services; and/or Uses the services.
1.1.11. Equipment: The hardware provided by Your Communications on a loan, rental, or purchase basis to enable service usage.
1.1.12. Fees: The charges payable by the Customer for the services provided by Your Communications.
1.1.13. Invoice Date: The date when Your Communications issues an invoice to the Customer.
1.1.14. Invoice: The document detailing the fees payable by the Customer, which may include an itemized bill.
1.1.15. Parties: Refers to both Your Communications and the Customer.
1.1.16. RSA: The Republic of South Africa.
1.1.17. Services: The services delivered by Your Communications, as described in the Application Form, including associated software and equipment.
1.1.18. VAT: Value-added tax as defined in the VAT Act, 1991.
1.2. Monetary amounts in these Terms are exclusive of VAT unless specified otherwise.
1.3. If the CPA applies, its provisions will prevail in case of conflict with these Terms.
1.4. Clause headings are for convenience and will not affect interpretation.
1.5. Terms indicating gender include all genders; singular includes plural and vice versa.
1.6. Substantive provisions within definitions will be treated as part of the agreement.
1.7. References to laws, regulations, or rules are to be interpreted as amended over time.
1.8. Time periods exclude the first day and include the last unless the last day is not a Business Day.
1.9. Schedules or appendices are integral to these Terms.
1.10. References to months or years refer to calendar periods.
1.11. The word “including” will not limit the scope of the general wording that precedes it.
1.12. Termination of these Terms will not affect provisions that are intended to survive.
1.13. The contra proferentem rule will not apply; these Terms reflect joint negotiations.
1.14. Recordals are binding and not for information only.
1.15. Where figures conflict between numerals and words, words shall prevail.
1.16. Definitions shall apply consistently unless explicitly limited to specific clauses.
1.17. Terms defined in context apply universally within these Terms unless limited by their clause.

2. INTRODUCTION
2.1. These Terms govern the relationship between Your Communications and the Customer and set out the conditions under which services will be provided.
2.2. Your Communications reserves the right to amend these Terms from time to time and will publish changes on its website (www.yourcommunications.co.za). Changes take effect from the date they are posted online.

3. DURATION
3.1. These Terms become binding once Your Communications processes the Application Form and agrees to provide services to the Customer.
3.2. The Terms will remain in force until the services are canceled in accordance with these Terms.

4. PAYMENT
4.1. General
4.1.1. Your Communications will issue a monthly invoice on the Invoice Date.
4.1.2. Unless the Customer disputes the invoice in writing within three calendar days of receipt, the invoice will be deemed correct.
4.1.3. The Customer is responsible for confirming pricing with Your Communications, though errors in pricing may occur.
4.1.4. Fees must be paid in full, without deduction or set-off, by the Invoice Date unless otherwise agreed.
4.1.5. Customers using VOIP services will have default monthly credit limits, subject to change upon request.
4.1.6. Requests to modify credit limits must be submitted in writing.
4.1.7. If the service is suspended for non-payment, fees will still accrue until cancellation is requested. Reconnection fees may apply.
4.1.8. Your Communications billing cycle runs from the 15th of each month to the 14th of the following month. Your Communications bill in advance, which means customers will receive their first invoice before the start of the next billing cycle and for the first billing, Your Communications will prorate the charges based on the installation completion date. The first invoice will reflect the prorated amount from the installation completion date to the 14th of the next month, plus the full month’s charges in advance.

4.2. Unpaid Fees and Credit Limits
4.2.1. If the Customer fails to pay fees on time:
• Interest of 2% per month will be charged on outstanding amounts.
• Your Communications may suspend or terminate services until full payment is received.
• After 30 days, unpaid invoices may be handed over to collections agencies.
• Non-payment may result in the Customer’s domain being replaced with a “non-payment” page.
• Services may be canceled after 30 days of non-payment, following 10 days’ written notice.

4.3. Payment Methods
4.3.1. Payments may only be made via debit order, credit card, or EFT, and must be referenced correctly.
4.3.2. Returned debit orders incur a processing fee of R100 excl VAT
4.3.3. Incorrect payment references may lead to service suspension due to non-payment.

4.4. Fee Increases
4.4.1. Your Communications may increase fees with 30 days’ notice to the Customer, commensurate with increased costs.

4.5. Refunds
4.5.1. Your Communications will not issue refunds for downtime resulting from factors beyond its control, including third-party service failures or power outages.

4.6. Reconciliation or Historical Information
4.6.1. The Customer may request a reconciliation or historical account information, subject to an administrative fee if account details are accurate within a 5% margin.

5. SERVICES AND EQUIPMENT
5.1. General
5.1.1. Services are provided according to these Terms.
5.1.2. Monthly or annual services will automatically renew unless canceled.

5.2. Equipment
5.2.1. Equipment supplied by Your Communications remains its property unless purchased by the Customer.
5.2.2. The Customer is responsible for any damage, destruction, or theft of the equipment.
5.2.3. Your Communications reserves the right to inspect or remove its equipment at any time.

5.3. Support
5.3.1. Remote support is available via the Your Communications call center or email ticketing system.

6. WEB HOSTING AND DOMAIN REGISTRATION
6.1. Domains will only be registered upon receipt of full payment.
6.2. Free domain registration applies to .co.za domains for the first year.
6.3. Free registration is not available for domain transfers.
6.4. Web hosting packages with free domain registration must remain active for six months or the Customer will be liable for the domain registration fee.

7. PASSWORDS, IP ADDRESSES, AND ACCOUNT SECURITY
7.1. The Customer is responsible for maintaining the confidentiality of passwords and account details.
7.2. Additional costs due to security breaches are the responsibility of the Customer.
7.3. IP addresses assigned by Your Communications remain the property of Your Communications.

8. LIMITATION AND VARIATION OF SERVICES
8.1. General Limitations
8.1.1. Your Communications reserves the right to limit services (e.g., email storage) and will not be liable for data loss or failure to store content.
8.2. Reliance on Third Parties Your Communications relies on third-party infrastructure and is not liable for downtime or service interruptions caused by third parties.

9. PACKAGE CHANGES
9.1. A downgrade refers to the process of switching from a higher-cost package to one that is less expensive. For instance, moving from a Home Uncapped 20Mbps plan priced at R900 to a Home Uncapped 10Mbps plan at R650 constitutes a downgrade. Conversely, upgrading means selecting a package with a higher cost or increased benefits.
9.2. Customers may request upgrades or downgrades by emailing us at support@yourcommunications.co.za. Please note that certain lead times may apply for processing these requests.
9.3. To ensure that an upgrade or downgrade takes effect at the beginning of the next month, customers must inform us of their decision by the 20th of the current month. Until the change is officially implemented, customers will continue to be billed at the existing package rate.
9.4. If a customer downgrades their service mid-month, no refunds or pro-rata adjustments will be made for any charges already incurred for that billing period.

10. LIABILITY AND INDEMNITY
10.1. Customers agree to indemnify Your Communications (and its affiliates) against all losses, claims, expenses, damages, liabilities, actions, demands, proceedings, and judgments arising from the provision of our services. Customers will also reimburse us for any reasonable costs incurred in defending such claims, unless it is determined by a final judgment that such claims resulted directly from our fraud, gross negligence, or breach of these terms.
10.2. In compliance with the Consumer Protection Act (CPA), Your Communications will not be liable for any claims by the customer or any third party regarding losses, damages, costs, or expenses resulting from our services. The maximum liability, in any case, will not exceed the total fees paid by the customer for the services rendered.
10.3. Without limiting the above, we will not be liable for any damage or loss incurred by the customer that results from:
10.3.1. Interruptions, suspensions, or terminations of service for any reason.
10.3.2. Delays or failures in communication transmission.
10.3.3. Events beyond our control (force majeure).
10.3.4. The customer’s non-compliance with their obligations.
10.3.5. Changes in the customer’s operating environment not communicated to us.
10.3.6. Power outages at any service location.
10.3.7. Delays in reporting issues to our support center.
10.3.8. Equipment failures of any third-party service providers relied upon by the customer.
10.3.9. The unavailability of our website for any reason.
10.3.10. Use of our services for unlawful or improper purposes.
10.3.11. Unauthorized access by third parties to the customer’s telecommunications equipment.

11. DISCLAIMERS
11.1. Except where otherwise required by the CPA, Your Communications makes no representations or warranties regarding the services or equipment provided. This includes, but is not limited to, implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that services will be uninterrupted or error-free.

12. FORCE MAJEURE
12.1. Your Communications shall not be held liable for any delays or failures to fulfill our obligations under these terms due to circumstances beyond our reasonable control.
12.2. If such delays or failures persist for more than three months, either party may terminate the services with written notice.

13. TERMINATION OF SERVICES
13.1. Should Your Communications breach any provision of these terms and fail to rectify the breach within seven business days of receiving written notice from the customer, the customer has the right to either:
13.1.1. Enforce specific performance of the terms; or
13.1.2. Cancel the services effective from the start of the next calendar month and claim damages, subject to the provisions of these terms.
13.2. Customers may cancel services at any time with a full calendar month’s notice. In such cases, services will cease on the last day of the month following the notice period.
13.3. Customers will be responsible for a pro-rata share of any installation costs covered by Your Communications, based on the remaining commitment period. For example, if the installation cost is R2,000 and the customer cancels after six months of a 12-month commitment, they would owe 50% of the installation costs.
13.4. If a customer cancels the free domain registration service within the first 12 months, they will incur the full registration cost.
13.5. Customers will be liable for the full cost of any ordered Fibre line if they cancel their application after seven calendar days from submission but before installation.
13.6. Cancellation requests should be sent to our accounts department at accounts@yourcommunications.co.za.
13.7. If the customer breaches any term, including failure to pay amounts due, and does not rectify the breach within seven calendar days of receiving written notice, Your Communications reserves the right to cancel the agreement and discontinue services.
13.8. In the event of the customer’s insolvency or liquidation proceedings, Your Communications may terminate the services immediately upon notice.
13.9. Upon termination of services, the customer’s outstanding balance becomes immediately due and payable.
13.10. If the customer’s service is suspended due to non-payment, they remain responsible for the service fees during the suspension period. To cancel the service, a written request must be sent to accounts@yourcommunications.co.za. Reconnection will incur a fee based on the Fibre network, which must be settled before services can be resumed.
13.11. A full calendar month’s notice is required for non-renewal. If this notice is not provided, the customer will be billed for the next renewal term. For example, to avoid renewal at the end of November, the notice must be received by the end of October. If cancellation occurs within the first 30 days, the customer is liable for any activation fees incurred by Your Communications.

14. DISPUTE RESOLUTION
14.1. Any dispute between the Parties regarding any matter arising from any Invoice and/or these Conditions, including their interpretation or respective rights and obligations, must first be resolved by the Customer and a manager of Your Communications according to the following procedure:
14.1.1. The Customer must submit a written complaint/dispute to support@yourcommunications.co.za, providing full particulars, contact details, customer reference number, relationship with Your Communications, a statement of reasons for the complaint/dispute, and any relevant evidence or supporting documentation.
14.1.2. Your Communications must:
14.1.2.1. Acknowledge receipt of the complaint/dispute within three (3) Business Days of its submission by the Customer; and
14.1.2.2. Determine the outcome of the complaint/dispute and communicate this result to the Customer within fourteen (14) Business Days of the acknowledgment.
14.1.3. Your Communications will not entertain any dispute/complaint regarding an Invoice or Fees based on unauthorized use of the Services. It is the Customer’s responsibility to safeguard access to the Services and to use the Services as set out in these Conditions.
14.1.4. Should any disputed overages be accurate (within a 5% margin), a one-time charge of R150 (one hundred and fifty rand) (excluding VAT) per domain/server will be applied to the Customer’s account.
14.1.5. If the Customer is not satisfied with the outcome in clause 14.1.2.2, the complaint/dispute shall be submitted to arbitration in accordance with the High Court Rules by an arbitrator agreed upon by the Parties, or failing agreement within ten (10) Business Days after arbitration has been demanded, appointed by the Chairman of the KwaZulu-Natal Society of Advocates or its successor.
14.1.6. Any Party to the arbitration may appeal the decision of the arbitrator within fifteen (15) Business Days after the arbitrator’s ruling by giving written notice to the other Party or Parties to the arbitration.
14.1.7. The decision of the arbitrator shall be final and binding on the Parties to the arbitration after the expiry of the fifteen (15) Business Days from the date of the arbitrator’s ruling if no appeal has been lodged by any Party.
14.1.8. The appeal shall be dealt with in accordance with the High Court Rules by a panel of three (3) arbitrators appointed, mutatis mutandis, in accordance with the provisions of clause 14.1.3. The majority decision of the panel of arbitrators shall be final and binding on the Parties to the arbitration.
14.1.9. A decision that becomes final and binding under this clause 14 may be made an order of court at the instance of any Party to the arbitration.
14.1.10. Nothing herein shall prevent or prohibit any Party from applying to the appropriate court for urgent relief.
14.1.11. Each Party hereby submits itself to the jurisdiction of the KwaZulu-Natal Durban High Court (South Africa) should the other Party wish to make the arbitrator’s decision an order of that Court.
14.1.12. The provisions of this clause 14 will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.
14.1.13. Any arbitration under this clause 14 shall be conducted “in camera,” and the Parties shall treat as confidential and not disclose to any third party the details of the dispute submitted to arbitration, the conduct of the arbitration proceedings, or the outcome of the arbitration.
14.1.14. The demand by a Party to submit a dispute to arbitration shall be deemed the required legal process to interrupt prescription under the Prescription Act, No. 68 of 1969.

15. CONFIDENTIALITY
15.1. Your Communications will keep all information supplied to or acquired in connection with any order under these Conditions strictly confidential and shall not use such information or any part thereof for any purpose other than permitted under these Conditions.

16. NOTICES
16.1. Notices required by these Conditions shall be in writing and delivered in the prescribed manner; otherwise, they may be sent by personal delivery, fax, or email. If delivered by mail, notices shall be sent by any express mail service, or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the fifth (5th) Business Day after posting. Emails and faxes will be deemed received on the Business Day they are sent if sent before 16h00 on that day, or on the next Business Day if sent after 16h00 or on a non-Business Day.

17. PERSONAL INFORMATION
17.1. By requesting and utilizing the Services, the Customer consents to:
17.1.1. Your Communications recording and storing, in a secure manner, the Customer’s personal details for record-keeping purposes and to comply with its obligations under these Conditions;
17.1.2. Your Communications providing the Customer’s personal details to any law enforcement agencies upon request;
17.1.3. Your Communications using location-based services for any lawful or third-party service;
17.1.4. Cookies being stored to provide customized services (if any);
17.1.5. Certificates being stored;
17.1.6. Your Communications and third-party vendors/partners redirecting the Customer to third-party vendor payment processing partners; and
17.1.7. Your Communications making the Customer’s personal information available to its Affiliates, provided that such personal information will not be provided to or sold to any third parties not Affiliates of Your Communications without the prior written consent of the Customer.

18. ACCEPTABLE USE POLICY
18.1. General and Acceptable Use
18.1.1. The provisions of the Acceptable Use Policy:
18.1.1.1. form part of the Conditions;
18.1.1.2. are binding on the Customer; and
18.1.1.3. are intended as guidelines and are not meant to be exhaustive.
18.1.2. Generally, conduct that violates any law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in the Acceptable Use Policy, is prohibited. Your Communications prohibits activities that may damage its commercial reputation and goodwill and reserves the right to take such steps as it may deem required in order to protect itself from such damage being caused by the Customer.
18.1.3. The Customer must:
18.1.3.1. use the Internet and Your Communications Infrastructure for his/her own personal use only and must do so with respect, courtesy, and responsibility, giving due regard to the rights of other Internet and/or Your Communications Infrastructure users;
18.1.3.2. have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided.
18.1.4. The Customer acknowledges and agrees that Your Communications is unable to exercise control over the content of the information passing over the Your Communications Infrastructure and the Internet, including any websites, electronic mail transmissions, news groups, or other material created or accessible over the Your Communications Infrastructure. Accordingly, Your Communications is not responsible for the content of any messages or other information transmitted over the Your Communications Infrastructure and/or Internet.
18.1.5. The Customer agrees to indemnify Your Communications and its Affiliates in full and on demand from and against any loss, damage, costs, or expenses which they may suffer or incur directly or indirectly as a result of the Customer’s use of the Your Communications Infrastructure and/or Internet otherwise than in accordance with the Acceptable Use Policy, the Conditions, and the Applicable Laws.
18.2. Prohibited, Unacceptable, and Unlawful Use
18.2.1. The Your Communications Infrastructure may be used only for lawful purposes and Customers may not violate any Applicable Laws when using the Your Communications Infrastructure and/or the Internet.
18.2.2. Transmission, downloading, distribution, or storage of any material on or through the Your Communications Infrastructure in violation of Applicable Laws by the Customer is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secrets, or other intellectual property rights used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, violates export control laws, constitutes child sexual abuse imagery, pirated software, illegal downloads, “Hackers programs or archives,” “Warez Sites,” “Irc Bots,” “Illegal Mp3’s,” drug dealing, or other illegal activities.
18.2.3. The Customer is prohibited from posting defamatory, scandalous, violent, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
18.3. Web Hosting
18.3.1. Due to the nature of a shared web hosting environment, Your Communications reserves the right to ask Customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it adversely affect the Your Communications Infrastructure, network, or server performance for the majority of the Your Communications web hosting customers.
18.3.2. The Your Communications shared web hosting platform is intended for hosting a website with relevant content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large-scale enterprises or applications where a dedicated server would be more suited.
18.3.3. Your Communications prohibits the use of the shared web hosting service disk space to be utilised for purposes other than its intended function, which intended function is: content hosting, personal and small enterprise e-mail, and relevant web files.
18.3.4. The use by the Customer of shared or dedicated hosting services for hosting torrent boxes and/or running proxies is strictly prohibited. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from the Your Communications Infrastructure.
18.3.5. Your Communications may at any time with reasonable notice to the Customer (if such Customer makes use of the web hosting services), revise or amend its current shared and dedicated web hosting offerings relating to price, features, traffic, allocations, and disk sizes.
18.4. Business Use
18.4.1. The Customer acknowledges that:
18.4.1.1. there is a distinction between residential/home internet services (fibre-to-the-home) and business services (fibre-to-the-business);
18.4.1.2. a high number of users (on average, more than 5 users) accessing the Your Communications Infrastructure and/or Internet through a single account would result in a higher cost incurred by Your Communications to service such an account based on the Your Communications uncapped, unlimited, and unshaped model;
18.4.2. Accordingly, the Customer acknowledges and agrees that, unless it is a Business Customer, it may not allow more than 5 users to access the Your Communications Infrastructure through its account at any given time. Failure to adhere to this requirement may result in the Customer incurring additional charges and Your Communications may immediately suspend or terminate the Services of such a Customer without notice.
18.5. System and Network Security
18.5.1. All references to systems and networks under this section include the Internet (and all those systems and/or networks to which the Customer is granted access through Your Communications) and include but are not limited to the Your Communications Infrastructure itself.
18.5.2. The Customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, customer, host, or network (referred to as “denial of service attacks”).
18.5.3. Violations of system or network security by the Customer are prohibited and may result in civil or criminal liability. Your Communications will investigate incidents involving such violations and will involve and will co-operate with law enforcement officials if a criminal violation is suspected.
18.5.4. Examples of system or network security violations include, without limitation, the following:
18.5.4.1. unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of any system or network or to breach security or authentication measures without the express authorization of Your Communications;
18.5.4.2. unauthorized monitoring of data or traffic on the network or systems without express authorization of Your Communications;
18.5.4.3. interference with service to any user, customer, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
18.5.4.4. forging of any TCP-IP packet header (spoofing) or any part of the header information in an email or a newsgroup posting; and
18.5.4.5. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for their own account; or
18.5.4.6. resale of access to CGI scripts installed on the Your Communications servers.
18.6. E-mail Use and Spamming
18.6.1. It is expressly prohibited to send unsolicited mail messages (“junk mail” or “spam”), including, without limitation, commercial advertising and informational announcements, and the Customer will refrain from doing so.
18.6.2. The Customer will not use another site’s mail server to relay mail without the express permission of the site (known as public relay) or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.
18.6.3. Your Communications may examine the Customer’s mail servers to confirm that no mails are being sent from the mail server through public relay, and the results of such checks can be made available to the Customer. All relay checks will be done in strict accordance with Your Communications’ policy of preserving customer privacy.
18.6.4. The Customer may not use the Your Communications Infrastructure and/or servers to effect or participate in any of the following activities:
18.6.4.1. posting to any Usenet or other newsgroup, forum, e-mail mailing list, or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
18.6.4.2. sending unsolicited mass e-mailings if such unsolicited e-mailings provoke complaints from any of the recipients;
18.6.4.3. engaging in any of the foregoing activities using the service of another provider, but channeling such activities through the Your Communications Infrastructure (or a Your Communications provided server, or using a Your Communications provided server as a mail drop for responses);
18.6.4.4. falsifying user information provided to Your Communications or to other users of the service in connection with the use of a Your Communications service.
18.7. Fair Access
18.7.1. To help ensure that all Customers have fair and equal use of the Services and to protect the integrity of the Your Communications Infrastructure, Your Communications reserves the right, and will take necessary steps, to prevent improper or illegal activity and to curtail the use of excessive bandwidth (usage exceeding the limit set by Your Communications) by certain Customers that can negatively affect the network performance of Your Communications and/or the Services enjoyed by other Customers.

19. REFERRAL OF COMPLAINTS TO ICASA
19.1. If you are not satisfied with the outcome of your complaint, you have the right to escalate it to ICASA. If ICASA is unable to resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.
19.2. Please note that under the ICASA Code of Conduct Regulations 2008, you must give us an opportunity to resolve the matter within a 14 (fourteen) day period before you have the right to escalate your complaint to ICASA.
19.3. ICASA can be contacted in the following ways:
19.3.1. telephone (031) 334 9500;
19.3.2. fax (012) 568 3444; or
19.3.3. email: consumer@icasa.org.za
19.4. Any dispute that cannot be resolved shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, particularly the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this clause will survive any termination of this Agreement.

20. COUNTRY OF DOMICILE
20.1. The Your Communications website is governed by the laws of South Africa.
20.2. Your Communications chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communications of whatsoever nature, 80 Old Main Road, Kloof. KZN. South Africa.
20.3. The Customer chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communications of whatsoever nature, the physical address and email address on the Application Form.

21. Cession
21.1. The Customer may not cede, assign or in any other way transfer this Agreement to any third party without Your Communication’s express written consent, which consent shall not be unreasonably withheld.
21.2. Your Communications shall be entitled, without notice to the Customer, to cede, delegate, sell or transfer all or any of its rights and/or obligations under this Agreement. If such cession, delegation, sale or transfer takes place, the Customer shall, from the date of such cession, delegation, sale or transfer hold the Equipment on behalf of any such cessionary, delegate, purchaser, transferee or other person.

22. Authority and Mandate for Debit Payment Instructions
22.1. I/We hereby authorise Your Communications to issue and deliver payment instructions to the Your Communications Bank for collection against my/our above-mentioned account at my/our Bank recorded above (or any other bank or branch to which my/our account has been transferred) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Rental Agreement and commencing on the aforesaid date and continuing until this Authority and Mandate is terminated by me/us by giving Your Communications notice in writing of not less than 20 business working days (weekends and public holidays excluded), and sent by prepaid registered post or delivered to Your Communications address as indicated above. In the event that the payment day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next business day. Furthermore, if there are insufficient funds in my/our account to meet the obligation, Your Communications is entitled to represent the instruction for payment as soon as sufficient funds are available in my/our account. I/We further authorise the originator to make use of the tracking facility as provided for in the Early Debit Order System at no additional cost to myself/ourselves and to allow for tracking of dates to match with the flow of credit at no additional cost to myself/ourselves. Details of each withdrawal will be recorded on my bank statement and must contain the aforesaid reference number, which must be included in the said payment instruction to enable me to identify the Rental Agreement.
22.2. Mandate I/We acknowledge that all payment instructions issued by Your Communications shall be treated by my/our above-mentioned Bank as if the instructions have been issued by me/us personally. Furthermore I/We acknowledge that this Authority and Mandate may be ceded or assigned to a third party if the Rental 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.
22.3. Cancellation I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Rental Agreement. I/We shall not be entitled to any refund of amounts which Your Communications has drawn while this Authority was in force if such amounts were legally owing to Your Communications.

23. International Dialing
23.1. The Customer acknowledges that Your Communications notification of fraud detection is based on Your Communications and their partners’ best efforts, at all times to identify, control and prevent fraud through monitoring and alerts. It is not a contractual service falling within the contractual service obligations of Your Communications.
23.2. The customer network and account security at all times remains the Customer’s responsibility. The customer is responsible for managing fraud on its network and the Customer is responsible for payment of all services originating on the Customer’s network or from the Customer’s account.

24. Changes to Charges
24.1. Your Communications shall be entitled in line with ICASA and or any Regulation to change, withdraw, amend or substitute, the contract or the charges, price list, credit limit or usage limit amounts reflected under our Tariff List from time to time.
24.2. Any increase as per clause 13.1 will be given to the Customer in writing to its appointed email address for service and Your Communications shall use its best endeavors to give the Customers timeous notice of any such changes.
24.3. A Consumer will have the right to terminate their Your Communications service Agreement without penalties where it is not in agreement with any such increases provided that it gives Your Communications 30 (Thirty) days’ notice of its election to cancel the Agreement.

25. GENERAL
25.1. The Customer shall not assign, cede, delegate, or transfer any rights, obligations, share, or interest acquired under the Conditions and/or the Services, in whole or in part, to any other party or person without the prior written consent of Your Communications.
25.2. Your Communications may assign any and/or all of its rights and/or obligations under these Conditions to any third party without prior notice to the Customer and without the prior written consent of the Customer.
25.3. No Party shall have any claim or right of action arising from any undertaking, representation, or warranty not included in these Conditions.
25.4. No extension of time, relaxation, or indulgence granted by Your Communications to the Customer shall be deemed a waiver or tacit amendment of Your Communications’ or the Customer’s rights in terms hereof, nor shall any such relaxation or indulgence be deemed a novation or waiver of the terms and conditions of these Conditions.
25.5. Each provision of these Conditions shall be considered a separate term and condition, and if these Conditions are affected by any legislation or amendment thereto, or if any provision is held to be illegal, invalid, prohibited, or unenforceable, then such provision shall be ineffective only to the extent of such illegality, invalidity, prohibition, or unenforceability, and each of the remaining provisions shall remain in full force and effect as if the illegal, invalid, prohibited, or unenforceable provision were not part hereof.
25.6. All costs, charges, and expenses of any nature incurred by Your Communications in enforcing its rights under these Conditions, including, without limitation, legal costs on the scale of attorney and own client and collection commissions, irrespective of whether any action has been instituted, shall be recoverable on demand from the Customer and are payable on demand.
25.7. The validity of these Conditions, their interpretation, the respective rights and obligations of the Parties, and all other matters arising in any way out of these Conditions or their performance shall be determined in accordance with the laws of South Africa.
25.8. These Conditions supersede any and all previous agreements between Your Communications and the Customer relating to the subject matter hereof.
25.9. The provisions of this Agreement shall be binding upon the successors-in-title and the permitted assigns of the Parties. Accordingly, the rights and obligations of each Party pursuant to this Agreement shall devolve upon and bind its personal representatives, successors-in-title, and permitted assigns.