1.No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events: 2.("Force Majeure Event(s)") that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Centre for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (I) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party Interruption of Service. 1.The Client acknowledges that due to the imperfect nature of electronic communications, electronics, and utilities, the Service Provider shall not be responsible for damages, direct or consequential, which may result for the failure of the Service Provider to furnish and / or provide any of the Services listed in the Agreement. The Service Provider will, however, act in good faith and in a commercially reasonable manner in working to remedy any flaws in the facilities or equipment, or delays, in providing access to the facilities or equipment to the Client as soon as reasonably possible. 2.The Service Provider will not be liable to the Client or any other third party for any temporary delay, outage or interruption of a Service if such interruption is beyond the Service Providers' control, and shall not entitle the Client to make any claim against the Service Provider or to any abatement in fees, and shall not constitute a breach of the Agreement unless the Service Provider fails to take such measures as may be reasonable in the circumstances to restore the service without undue delay. Equipment Risk & Responsibility 12.All equipment carries a 12 (twelve) month on-site warranty from date of installation/delivery, unless specified otherwise. The warranty excludes power and/or lightning surges and any other exclusions imposed by the equipment manufacturer and/or distributor. The Customer is bound by Signa-Fi's Warranty Terms and Conditions, as published on Signa-Fi's website or available on request. The risk in and to, as well as the responsibility for the equipment shall vest in the Customer from date of installation/delivery until termination of this Service Contract subject to paragraph 10 and 11 hereof. 13.Signa-Fi requires that all rented and/or unpaid equipment be comprehensively insured by the Customer as set out in the Insurance of Equipment Policy as published on the Signa-Fi website or available on request. Signa-Fi recommend the installation of power surge and lightning protection by the Customer for the Customer's account. 14.If the equipment is damaged or defective while at the Customer's premises or under the Customer's control, Signa-Fi may replace the damaged equipment and same will be billed for after completion of the work. Where the equipment is replaceable under warranty, a credit will be passed to the Customer's account after assessment by the equipment manufacturer. 15.All rented equipment including brackets, poles, cables, routers, switches, equipment, software, connectors and interfaces remains the property of Signa-Fi at all relevant times and shall be returned (as per paragraph 10 and 11 above) in a good and proper working condition (fair wear and tear excluded) to Signa-Fi after termination of this Service Contract. Should the equipment be damaged or found not to be in a good and working condition, the Customer accepts liability for the replacement cost of such equipment (as set out in the Insurance of Equipment Policy and published on the Signa-Fi website or available on request All non-rented equipment remains the property of Signa-Fi until paid for in full. 16. The Customer warrant and undertake not to allow any third party charges, liens, pledges or other encumbrances to be created over any equipment of Signa-Fi, or not fully paid for equipment, or any other property of Signa-Fi. Default & Breach 17. Should the Customer's account be unpaid by the due date, Signa-Fi will notify the Customer of same and the Customer will have 7 days to pay the account failing which the services will be suspended. Where Signa-Fi have suspended the services due to non-payment, a reconnection fee will be levied in order to reconnect the services. By signing this Service Contract, the Customer authorizes and hereby gives Signa-Fi full permission to enter the Customer's premises to remove all of the rented and/or unpaid equipment and materials, at any date and time convenient to Signa-Fi, should the Customer be in breach of this Service Contract or upon termination hereof. Collection of the rented and/or unpaid equipment and materials is in addition to any other rights and remedies Signa-Fi has in law. In addition to this Service Contract, Signa-Fi has the right to terminate this Service Contract as set out in the Acceptable Use and Fair Usage Policy, as published on Signa-Fi's website and is available on request. Signs, Logo & Number Porting 18. Signa-Fi may install its "connected by" name board on the Customer's property or building. This sign will not be larger than 600x400mm. 19. Signa-Fi may display the Customer's logo on marketing materials and the Signa-Fi website. 20. Approval of number porting applications, may take up to 15 (fifteen) business days from date of number porting application date, subject to approval of the donor service provider, and cannot be re-ported within 3 (three) months. Service Level Agreement, Technical Problems and Fault Reporting 21. Some services are governed by Signa-Fi's Service Level Agreement ("SLA") as published on Signa-Fi's website and/or available on request. 22. Signa-Fi accepts no responsibility for connectivity, network and/or Customer downtime problems, or any losses or damages associated thereto, or any "line-of-sight" or "external factors" that could affect the quality of the service after completion of installation. 23.All post installation technical problems must be reported to Signa-Fi's technical help desk as per the Fault Reporting and Escalation Procedure published on Signa-Fi's website and/or available on request. Post installation problems may not be voiced on any public platform (including social media) if the above procedure have not been followed and Signa-Fi have not been given acceptable time to rectify problems on a non-public platform. Waiver of Liability 24. To the extent permitted by law, Signa-Fi will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by the Customer (including but not limited to their person, employees, customers, property or business) in connection with this Service Contract, the equipment and/or services whether or not such claim arises during installation, while this Service Contract is in effect or after termination hereof. Intellectual Property 25.The Customer acknowledges that Signa-Fi will retain ownership of all right, title and interest, including but not limited, to all intellectual property rights in and to the Signa-Fi services and all software programs developed by Signa-Fi and used in the delivery of the services. All intellectual property (including but not limited to copyright, patents, proprietary material, trademarks, logos, design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts, methods, techniques, processes, adaptations, ideas, technical specifications and testing methods) owned by Signa-Fi and all modifications thereto shall at all times remain the sole property of Signa-Fi and the Customer shall not acquire any rights, title or interest of any kind in any of Signa-Fi's intellectual property, other than permitted in terms of this Service Contract. Affordability Assessment & Personal Information Client Initial