BILLING POLICY (BP)
1. The charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly, six-monthly (6 months in advance) or annually (12 months in advance) by the User to eKaya WEB Services, including a pro-rata charge for the first month’s billing
2. Service invoices will be sent to the customer via electronic mail in advance of receiving services. The customer agrees to submit payment for all invoices upon receipt. Accounts not paid in full by the 1st of every month are subject to immediate suspension.
3. Payment is rendered without deduction, free of exchange or set-off by way of debit order, credit card or in such manner as determined by eKaya WEB Services.
4. eKaya WEB Services will not be held responsible for any damages, losses, or claims as a result of an account being suspended for non payment.
5. Accounts 30 days past due are subject to cancellation which will result in the deletion of all of the customer's files, including but not limited to web pages, email and databases. eKaya WEB Services reserves the right to withhold access for overdue accounts, while the User shall continue to be liable for the service until the conditions of notice of termination are fulfilled
6. Without prejudice to rights granted to eKaya WEB Services in terms hereof, any amount due by the User to eKaya WEB Services not paid on due date thereof:
i) shall bear interest at a rate equal to the maximum allowable in terms of the Usury Act, 1968, calculated daily in advance from date payment was due until date of actual payment thereof; and
ii) should the client fail to pay any amount owing to eKaya WEB Services on due date, eKaya WEB Services shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
7. eKaya WEB Services shall be entitled to take all such steps, without notice to the User, as may be necessary to recover such outstanding amount. The User shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
8. eKaya WEB Services reserves the right to levy a charge for handling fees at an amount determined by eKaya WEB Services for monies due in the event of a User’s payment being returned or rejected by the User’s bankers.
9. eKaya WEB Services furthermore reserves the right to blacklist with any or all credit bureau agencies within the Republic of South Africa, any such User who fails to comply with the payment agreement for subscription to the Service. In addition, eKaya WEB Services will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.
10. The customer agrees that submission of Credit Card or Banking Details to eKaya WEB Services constitutes authorisation by the customer for eKaya WEB Services to bill the specified Credit Card or Bank Account for all fees owed by the customer to eKaya WEB Services.
11. The Customer agrees that all setup fees where applicable and monthly fees are non-refundable
12. The Customer agrees that unless he/she notifies eKaya WEB Services 30 days in advance of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.
13. The Signatory hereby binds himself/herself in his/her personal capacity as co-debtor in solidum for the full amount due to eKaya WEB Services and agrees that the Standard Conditions will apply mutatis mutandis to him/her and he/she renounces the benefits of excursion and division.
14. eKaya WEB Services reserves the right to amend Service subscription charges at its sole discretion. eKaya WEB Services shall give the User 30 (thirty) days notice of any such amendment and the User shall be bound to such adjustments.
15. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service, or where in any month the client has utilised less than any minimum bandwidth specified.