AGREEMENT OF LEASE

Soepa Soap Vervaardigers CC (1997/048575/23)
Trading As Inkontak Internet

Domicilium: 70 Groen Ave, Kriel 2271 E-mail address: accounts@inkontak.co.za

(The Lessor)

1. The Lessor and the Lessee have agreed to the letting and hiring respectively of the Leased Network Access Port, subject to all of the provisions, terms and conditions contained in this Lease.

2.) TERMS AND CONDITIONS

2.1 The Lessor and Lessee agree that the Lessee will rent the Network Access Port as per Installation Type and Service Package chosen.
2.2 The Lessee agrees that rent stated in clause 2.1 is payable in advance on or before the last day of the preceding month through a bank transfer (EFT), free of exchange, should it be paid through any other medium a fee will be charged to the Lessees account. The privileges to the internet may be suspended for funds not cleared in the Lessors bank account before the start of the next month and automatically attract a reconnection fee of R100 (One Hundred Rand). The Lessee agrees that suspended services will continue to attract monthly Network Access Port rental charges and to remain liable for such charges. Such suspension will remain in effect until the due payment and reconnection fee are received by the Lessor.
2.3 Included in the rental of the Network Access Port, the Lessee will receive access to the network of the Lessor and to the internet up to the selected download bandwidth. The service is provided as a best-effort service as the Lessor has no control over other service providers networks and there can be no guarantees given to other service providers networks.
2.4 Equipment and privileges in terms hereof, shall not be used for illegal activities. On signing of this agreement the Lessee binds himself to the Acceptable User Policy (A.U.P.) of the Lessor as published on his website at: www.inkontak.co.za
2.5 This agreement can be terminated by giving one calendar months written notice by either party. Therefor notice must be given before the end of the preceding month by the lessee by completing the termination form on www.inkontak.co.za, to terminate the contract at the last day of the next month. A confirmation email will be send to the lessee upon receipt of termination order.
2.6 In all correspondence, the Lessee must include his Inkontak account number, street name and number, and surname as reference. For the payment of the monthly rental, use the reference provided in this agreement.
2.7 The Lessor cannot be held liable for any loss, damage, injury or death that may result from the use of his equipment by the Lessee or any third party. The Lessor does not accept any liability as a result of an interruption of service for whatever reason.
2.8 The cost for the services can be reviewed from time to time, provided that the Lessee will be given at least one calendar months notice of any change.
2.9 The equipment may only be used to get access to the network of the Lessor and for no other purpose whatsoever.
2.10 Support is provided telephonically on 087 822 2129 from Mon-Fri 08:00 to 23:00, Sat 09:00 to 19:00.
2.11 All account queries must be done via email account@inkontak.co.za
Important : Any form of short messaging (SMS, WhatsApp, Messenger etc) will not be attended to for the purpose of providing support or account queries.

3.) DOMICILIUM CITANDI ET EXECUTANDI
3.1 The parties choose as their domicilia citandi et executandi for all purposes under this Lease, whether in respect of court process, notices or other documents or communications of whatsoever nature the following addresses:-
3.2 The Lessor : 70 Groen Ave, Kriel 2271 E-mail address: accounts@inkontak.co.za
3.3 The Lessee : As provided in application and e-mail address for electric delivery.
3.4 Any notice or communication required or permitted to be given in terms of this Lease shall be valid and effective only if given in writing by completion of the relevant form on www.inkontak.co.za. But it shall be acceptable to give notice by E-Mail with delivery receipt and read receipt received, e-mailed confirmation from the Lessor will also suffice.
3.5 Either party may by notice to the other change the physical address chosen as its domicilium citandi et executandi to another physical address in the Republic of South Africa, or its E-Mail address, provided that the change shall only become effective on the seventh day after receipt of the notice and by conformation by the addressee.
3.6 Any notice to a party which is:-
3.6.1 sent by prepaid registered post in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the fifth day after posting (unless the contrary is proved); or
3.6.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
3.6.3 transmitted by E-mail to its chosen E-mail address (if any) stipulated in 3.1 above, shall be deemed to have been received on the date of transmission (unless the contrary is proven).
3.7 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

4.) GENERAL :- The parties acknowledge and agree that:-
4.1 this Lease constitutes the entire contract between them and that no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by any of the parties or on their behalf except as are recorded herein;
4.2 no relaxation, extension of time, latitude or indulgence which any party (the grantor) may show, grant or allow to another (the grantee) shall in any way constitute a waiver by the grantor of any of the grantors rights in terms of this Lease and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have then already arisen or which may arise thereafter;

4.3 no alteration, variation, amendment or purported consensual cancellation of this Lease or any addition thereto or deletion there from shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties hereto;
4.4 they have undertaken to each other to do all such things, take all such steps and to procure the doing of all such things and the taking of all such steps as may be necessary, incidental or conducive to the implementation of the provisions, terms, conditions and import of this Lease;

4.5 the Lessor shall be entitled in its sole and absolute discretion to appropriate any amounts received from the Lessee towards the payment of any cause of debt or amount owing by the Lessee to the Lessor whatsoever;
4.6 in the event of the Lessor instructing its Attorneys to take measures for the enforcement of any of the Lessors rights under this Lease, the Lessee shall pay to the Lessor such collection charges and other legal costs, on an attorney and own client basis, as shall lawfully be charged by such Attorneys to the Lessor, on demand therefore by the Lessor;

4.7 the Lessee may not wholly or partially transfer, seed, pledge or renounce in favour of another person any of his rights in terms of this lease or give up occupation or possession thereof or part thereof
4.8 The Lessee agrees that non-receipt of an invoice is no grounds for not meeting their obligation in terms of this agreement
4.9 In the event of not fulfilling their obligation in terms of this agreement, the Lessee agrees that their payment behaviour may be shared with 3rd parties which are not only limited to registered credit bureaus

4.10 No package selection changes are allowed from the month preceding the notice period
4.11 The equipment remains the property of Inkontak
4.12 The client will be held responsible for any damage to the equipment.
4.13 By cancelation of the service the equipment must be returned to Inkontak in a proper working condition.

THUS DONE AND SIGNED BY THE PARTIES ON THE DATES AND AT THE PLACES SET OUT HEREUNDER

Account Name: Soepa Soap Verv
Bank Name : First National Bank,

Account Type : Business Account

Account Number : 62830711439,

Branch Code : 250655

Use this Reference Number upon payment : _______________