

REALTIME-TECHNOLOGIES
Term and Conditions of a Subscriber agreement
1. Thank you for choosing Real-Time Technologies Business Solutions (Pty) Ltd to provide you with the
services (”the Services”) and/or products (”the Products”) for the minimum initial period of 24 months
and other items you have requested in the 24 month VOIP subscriber agreement form to which these
terms are attached, for the fees and charges (”Charges”). As the Subscriber, you agree that these standard
terms and conditions shall apply to the provision of such Products and/or Services.
2. We will use all endeavors to make the Services available as soon as possible but, where the Services,
or any part thereof, are provided directly or indirectly by a third party network or service provider,
including but not limited to Telkom, then such Services or your connection/access thereto may be
delayed, interrupted or diminished for reasons beyond our control. You agree that we are not liable for
such delay, interruption, or diminution. You agree to comply with all usage restrictions and limitations
applicable to such Services, or portion thereof. In the event of ourselves agreeing to assist in facilitating
your application for a line through Telkom or a similar supplier, we are not liable for any delays and/or on
provision of the line from the supplier in any manner whatsoever.
3. This agreement shall commence on the date on which Real Time Technologies Business Solutions
(Pty) Ltd activates the Service, such activation being at our sole discretion, and shall endure for the period
as stipulated on the subscriber agreement form and thereafter it will continue on a month to month basis
until terminated by either party by giving the other party at least 20 (twenty) business days written notice.
4. The Charges you agree to pay are those stated on the subscriber application form, as may be increased
from time to time in our current tariff plan. You agree that there will be pro-rata charges in regards to
subscription from the date of activation of the Services. You agree to pay to us by debit order within 14 days from the date of our invoice, free of deduction or set-off, the amounts stated in our invoice, calculated in accordance with the Charges for the Services and/or Products, including monthly access or subscription Charges, initial and reconnection Charges, migration and other Charges applicable to the Services and/or Products or any “package” or mix thereof for your use or availability.
5. If the Services and/or our agreement with you for the Services and/or Products is terminated for
whatever reason before the end of the Initial Period, you agree to pay us the Real Time Technologies
Business Solutions (Pty) 62A Norite Rd, Helderkruin, Roodepoort, 1724. E-Mail: michael@realtimetechnologies.com. Tel: +27 10 593 0999 Cell: +27 83 353 7333 sum of inter alia the monthly subscription or access Charges payable for the rest of the Initial Period as well as an early termination charge in respect of the equipment provided to you. Should you have a Telkom Diginet line or similar data link through any similar provider to Telkom, you shall be liable for any charges Real Time Technologies (Pty) Ltd owes Telkom or a similar Provider as a result of your early termination.
6. Our monthly invoice shall be prima facie proof of the amounts owed by you for the Services and/or
Products and of the other facts stated therein. You shall be responsible to advise in writing of your
invoicing address as stated in the subscriber agreement form or in such written notice that shall be your
chosen domicilium citandi et executandi for all purposes under this agreement. Our address on our
invoice shall be our chosen domicilium citandi et executandi for all purposes under this agreement. All
Charges include VAT, unless stated to the contrary. The other terms of payment are stated in our current
tariff plan which is made available to you upon request. You agree that the service provider’s records
constitute ostensible proof of your use of the Services and/or Products.
7. We will provide the Services in a professional and diligent manner and will respond to your requests
for on- site maintenance and support, if applicable to the service you have requested, as soon as possible
on our usual terms or as agreed in writing. Should you request any additional or different Services other
than those in the subscriber application form then such Services will be subject to these terms and
additional agreed terms and Charges.
8. Delivery of all Products will be dependent upon stock availability and other factors. Upon delivery to
you, all risk in and to the Products will pass to you. You agree to comply with the manufacturer’s
instructions and all licensing terms where software is supplied for use with the Products and all other use
restrictions. Your sign-off of our delivery advice, timesheets or other acknowledge means that you are
satisfied that we have performed the Services and/or delivered the Products and that we may charge you
accordingly.
9. All of our Products supplied to you are warranted in accordance with industry norms against defective
workmanship and components, but the terms of our warranty are subject to the manufacturer’s and/or
supplier’s terms of warranty as to duration, “OTB failures”, returns and handling procedures and any
Charges. To the extent such warranty terms do not accompany the Product packaging then, upon request,
we will provide you with specific applicable terms. The terms of such warranty will prevail over all other
warranties and guarantees.
10. Any routers or equipment that is provided to you as part of a package or bundle can only be used by
you in conjunction with the specific Network which offered the package. The equipment remains the
property of Real Time Technologies Business Solutions (Pty) Ltd. Real Time Technologies Business
Solutions (Pty) Ltd shall have the right to remove the equipment upon termination of this Agreement (for
whatever reason). You undertake upon installation of the equipment to notify the owner of the premises
that Real Time Technologies Business Solutions (Pty) Ltd is the rightful owner of the equipment. If the
equipment is stolen, lost, damaged, or becomes inoperarable, you undertake to notify Real Time
Technologies Business Solutions (Pty) Ltd immediately. You will be liable for all charges arising out of
the unauthorized and/ or fraudulent use of the equipment until such time that you have notified Real Time
Technologies Business Solutions (Pty) Ltd to lock the equipment on the system. In the event that the
equipment is damaged due to your (or any of your employees) malicious or willful conduct, Real Time
Technologies Business Solutions (Pty) Ltd may charge you the reasonable replacement value of such
equipment. Should you or the legal entity whom you represent be placed under sequestration or
liquidation, you will immediately inform the liquidator that the ownership of the equipment is that of Real
Time Technologies Business Solutions (Pty) Ltd and that you have no right, title or interest in the
equipment.
11. All risk in and to the equipment shall pass to you upon delivery thereof and you shall be obligated to
maintain the equipment provided to you in good working order and condition and will not modify or
permit the modification of the equipment without the prior written consent of Real Time Technologies
Business Solutions (Pty) Ltd.
12. Any known or unknown risk attached to the use of the equipment and the connection thereof to the
system, shall be deemed to have passed to you on the commencement date, and you hereby indemnify
Real Time Technologies Business Solutions (Pty) Ltd and hold it harmless against any claim by any other
person relating to the use of the equipment and/or the connection thereof to the system.
13. You agree that we retain all rights in and to any methodologies and all other know-how that we
possessed or that are created when providing our Services.
14. You agree that, unless your losses arise from our fraudulent conduct, we shall not be liable to you in
any circumstances whatsoever for any loss, injury or damage of any nature whatsoever or howsoever
arising and whether in contract or in delict, including loss of profit or any other special damages, indirect
or consequential loss or damages which you or any other person may sustain, whether as a result of any
breach of this agreement by us or the global network operator(s) or the wireless network operators, or
their respective employees and contractors, or whether caused directly or indirectly by the equipment or
the use thereof, and you hereby indemnify us and holds us harmless against any such claim by any other
person.
15.We may assign our rights and obligations to another service provider if we are satisfied it will continue
to render the Services to you in a manner that is in keeping with our standards.
16. For certainty, these terms, including those in subscriber agreement form, comprise the whole
agreement between us and supersede and prevail over all prior agreements and arrangements between us
relating to the provision of the Services and/or the Products and no other provisions shall apply unless
specifically agreed to in writing by us.
17. If our authority to procure the Services for you from third party service providers is terminated for
whatever reason, we may assign this agreement to a third party; alternatively, to suspend or cancel the
provision of the Services or this agreement. You will not be liable for payments in respect of suspended
Services in such circumstances.
18.We will use all reasonable efforts not to disclose, in any manner whatever, any of your confidential
information that may be disclosed to us during the course of providing the Services. You may refer any
disputes related to the provision of our Services and/or Products to the regulatory body having
jurisdiction. You hereby authorise us to use and disclose to any police officer any information relating to
the Products and/or Services supplied to you and their use.
19. You agree to comply with any notice, directive or policy that governs and/or restricts the use of the
Services and/or Products that apply to all Subscribers/users of the Services (or categories thereof) and/or
the Products.
20. You hereby agree that this agreement or the Services is not conditional upon the continued operation
or use of any Products purchased, hired or acquired from us or a third party for use in conjunction with
and/or to access the Services.
21. In the event of any of the services being capped, and you exceeding the cap/limit whether agreed to be Real Time Technologies Business Solutions (Pty) Ltd or otherwise, you shall be liable for additional
charges for the exceeded portion.
22. Real Time Technologies Business Solutions (Pty) Ltd cannot and does not guarantee the call limit
service and, notwithstanding the fact that you have paid for the service, you will continue to be liable for
all charges incurred in respect of the services.
23. You undertake that: a.You will not use the Services to knowingly create, store or disseminate any
illegal content; b.You will at all times use the Services in a lawful manner and not infringe in any parties
copyright or intellectual property law, whether registered or not; c.You will not use the Services to send
spam messages.
24. You agree to Real Time Technologies Business Solutions (Pty) Ltd’s Acceptable Use Policy, the
WASPA (Wireless Application Service Providers’ Association) and ISPA (Internet Services Provider
Association) Code of Conduct (if applicable to your Services). These Policy and Codes can be viewed on
25. Failure to adhere to any of the above Policy’s and Codes and/ or the undertakings set out in Clause 23
above, shall constitute a material breach of this Agreement and Real Time Technologies Business
Solutions (Pty) Ltd shall have the right to suspend and terminate your Services immediately. Real Time
Technologies Business Solutions (Pty) Ltd shall in this event be entitled to claim the Charges for the
remainder of the contract period from you.
26.We shall be entitled to determine a credit limit applicable to you from time to time and to suspend the
Services should you exceed such credit limit. However, despite such credit limit being placed on your
account, you will be liable for payment if you exceed this limit, whether we have notified you of
exceeding same or not.
27. Should you breach any provision hereof, then you will be liable for all legal costs on an attorney and
own client scale including any collection commission incurred by us. Any payments shall be apportioned
firstly to costs, then interest and then the capital amount owing.
28. You agree that an electronically scanned and stored version of this document shall constitute
sufficient evidence of its content and signature by you and us.
29. If the Subscriber is a corporate entity or trust, then the signatory hereto who signs on behalf of the
Subscriber (“the signatory”) warrants that he is duly authorised to enter into this contract on behalf of the
Subscriber and to sign the debit authorisation, if applicable, on the Subscriber’s bank account. By his
signature hereto the signatory hereby binds himself as surety and co-principal debtor on behalf of the
Subscriber unto and in favour of us for the due and punctual fulfillment of all of the Subscriber’s
obligations to us arising out of this agreement including the payment of all Charges and liquidated
damages. The signatory agrees that we may give time to, and otherwise enter into any arrangement with,
the Subscriber.