Terms and Conditions
1. Definitions and Interpretation
- “Service” refers to the internet access, fibre, or related networking services provided by MDS Networx.
- “Customer” or “User” refers to any person or entity subscribing to or using the Service.
- “Activation Date” is the date on which the Service is first made available to the Customer.
2. Provision of Services
- Best Effort Service: MDS Networx provides services on a “best effort” basis. While we strive for 24/7 availability, we do not guarantee uninterrupted or error-free connectivity.
- Dependencies: Customers acknowledge that service quality may depend on third-party network providers, and MDS Networx cannot be held liable for failures beyond its control.
3. Billing and Payment
- Fees: Service fees are billed monthly in advance or as specified in the service order.
- Pro-rata Billing: New accounts may be billed a pro-rata amount for the remaining portion of the activation month plus the following month’s full fee.
- Late Payment: Failure to settle accounts in full may result in immediate suspension or termination of the service.
4. Acceptable Use Policy (AUP)
- Illegal Activity: Users must not use the Service for any unlawful, immoral, or unauthorized purposes, including copyright infringement.
- Network Integrity: Users are prohibited from propagating viruses, worms, or performing denial-of-service (DoS) attacks.
- Reselling: Customers are strictly prohibited from reselling service capacity to third parties without prior written consent.
- Fair Usage: If bandwidth usage significantly exceeds the average, MDS Networx reserves the right to throttle or disable the account.
5. Equipment and Installation
- Access Build: Installation may include civil works to bring a termination point to the customer’s premises.
- Ownership: Any equipment provided by MDS Networx remains the property of the company unless otherwise stated in the service agreement.
- Warranty: Modems or routers supplied by MDS Networx typically include a limited replacement warranty for a specified period (e.g., 1 year).
6. Termination and Cancellation
- Notice Period: Unless a fixed-term contract applies, cancellations typically require a written notice of at least 30 ordinary working days.
- Breach: MDS Networx reserves the right to terminate service immediately for any breach of these terms or abusive behavior toward staff.
7. Limitation of Liability
- MDS Networx shall not be liable for any direct, indirect, or consequential damages, including loss of profits or data, resulting from the use or inability to use the service.