Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of internet and telecommunications services ("Services") provided by BlackNet (Pty) Ltd ("BlackNet", "we", "us", or "our"). By subscribing to or using our Services, you agree to be bound by these Terms.

2. Definitions

In these Terms, unless the context indicates otherwise:

• "Agreement" means these Terms and Conditions together with any application form, quote, or order form;
• "Services" means the internet connectivity, telecommunications, and related services provided by BlackNet;
• "Subscriber" or "you" means the person or entity subscribing to the Services;
• "Equipment" means any hardware, devices, or equipment provided by BlackNet;
• "Network" means the telecommunications network through which Services are delivered.

3. Service Provision

3.1 Service Availability

BlackNet will use reasonable efforts to provide Services on a continuous basis. However, we do not guarantee uninterrupted service and shall not be liable for any service interruptions due to maintenance, upgrades, network issues, or circumstances beyond our control.

3.2 Coverage Areas

Services are subject to coverage availability in your area. BlackNet reserves the right to determine service availability and may decline service provision in areas where network infrastructure is inadequate.

3.3 Installation

Installation of Services will be arranged at a mutually agreed time. Installation fees, if applicable, will be communicated to you prior to installation. You agree to provide access to your premises for installation and maintenance purposes.

4. Billing and Payments

4.1 Fees and Charges

You agree to pay all fees and charges for the Services as specified in your service package. Fees may include monthly subscription fees, installation fees, equipment rental fees, and usage-based charges.

4.2 Payment Terms

Payment is due in advance on the date specified in your invoice. Payments may be made via debit order, electronic funds transfer, or other approved payment methods. Late payments may result in service suspension.

4.3 Price Changes

BlackNet reserves the right to adjust pricing with 30 days' written notice. Price increases will not apply to contracts with fixed pricing for a specified term.

4.4 Refunds

Fees paid in advance are non-refundable except where required by law or as specifically stated in these Terms.

5. Acceptable Use Policy

5.1 Prohibited Activities

You agree not to use the Services for any unlawful purpose or in any way that:

• Violates any applicable laws or regulations;
• Infringes on the rights of others;
• Distributes malware, viruses, or harmful software;
• Engages in spam, phishing, or fraudulent activities;
• Attempts to gain unauthorized access to systems or networks;
• Interferes with or disrupts the Services or network;
• Resells or redistributes the Services without authorization.

5.2 Bandwidth and Usage

Certain service packages may include fair usage policies or bandwidth limitations. Excessive usage may result in speed throttling or additional charges as specified in your service package.

6. Equipment

6.1 Ownership

Equipment provided by BlackNet remains the property of BlackNet. You are responsible for the safekeeping and proper use of the Equipment during the term of service.

6.2 Damage or Loss

You are liable for any loss, theft, or damage to Equipment (excluding normal wear and tear) and may be charged replacement costs.

6.3 Return of Equipment

Upon termination of Services, you must return all Equipment within 14 days. Failure to return Equipment may result in charges for the replacement value.

7. Contract Duration and Termination

7.1 Contract Period

Services may be provided on a month-to-month basis or under a fixed-term contract as specified in your service agreement. Fixed-term contracts may require early termination fees if cancelled before the end of the term.

7.2 Cancellation by Subscriber

You may cancel Services by providing 30 days' written notice. Cancellation fees may apply for fixed-term contracts.

7.3 Suspension or Termination by BlackNet

BlackNet may suspend or terminate Services immediately if you:

• Fail to pay amounts due;
• Breach these Terms;
• Use Services in a manner that harms our network or other users;
• Provide false or misleading information.

8. Limitation of Liability

To the maximum extent permitted by law, BlackNet shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Services, including but not limited to loss of data, loss of profits, or business interruption.

Our total liability for any claims arising from the Services shall not exceed the amount paid by you for the Services in the three months preceding the claim.

9. Privacy and Data Protection

BlackNet respects your privacy and is committed to protecting your personal information in accordance with applicable data protection laws. Please refer to our Privacy Policy for details on how we collect, use, and protect your information.

10. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be addressed through good faith negotiations. If a resolution cannot be reached, disputes may be referred to mediation or arbitration as agreed by both parties.

For complaints related to internet services, you may also contact ISPA (Internet Service Providers' Association) as outlined in our ISPA Details page.

11. Changes to Terms

BlackNet reserves the right to modify these Terms at any time. Changes will be communicated via email or posted on our website. Continued use of the Services after changes constitute acceptance of the revised Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. The parties consent to the jurisdiction of the South African courts.

13. Contact Information

For questions or concerns regarding these Terms, please contact us: