1. Definitions
1.1. Agreement: Refers to these General Terms and Conditions, any Product Specific Terms and Conditions (if applicable), and all addenda concluded by the Customer and executed in terms hereof, including any written instructions to Oxygn to commence or cancel additional services.

1.2. Application Form: Refers to the document(s), including electronic documents and online forms, on which the Customer has selected Oxygn services for application.

1.3. Billing Date: Refers to the 1st day of each month, when invoices are dated and all fees for Oxygn Service are due. Invoices may be sent to the Customer in advance of this date.

1.4. CPA: Refers to the Consumer Protection Act, 2008.

1.5. CPA Regulations: Refers to the regulations promulgated under the CPA, as amended from time to time.

1.6. the Customer: Refers to any person or entity that has entered into this Agreement with Oxygn for the provision of Services and/or the use of Equipment, or who has applied to Oxygn for such provision, and is used interchangeably with “Subscriber”.

1.7. ECA: Refers to the Electronic Communications Act, No. 36 of 2005, as amended, which regulates electronic communications and broadcasting in South Africa

1.8. Equipment: Refers to all devices, including software, provided by Oxygn to the Customer to enable the provision of the Oxygn Services.

1.9. Grace Period: Refers to the additional 4-day period following the Billing Date, during which the Customer may make payment without incurring suspension of the Oxygn Service.

1.10. ICASA: Refers to the Independent Communications Authority of South Africa, the regulatory authority responsible for overseeing telecommunications, broadcasting, and postal services in South Africa.

1.11. Month: Refers to a calendar month, commencing at 0h00 on the first day of the relevant month and terminating at 23h59 on the last day.

1.12. Network: Refers to the telecommunications infrastructure, including data transmission systems, equipment, and related facilities, that enable the provision of internet and connectivity services. This term includes both the Oxygn Network and any Network Operator’s network as applicable to the provision of the Oxygn Service.

1.13. Network Operator: Refers to any third-party telecommunications network provider that Oxygn partners with or relies upon for providing connectivity and infrastructure support for Oxygn Services.

1.14. Optical Network Terminal (ONT): Refers to the network termination device located at the Customer’s premises, serving as the physical network termination point for the Network Operator’s network. The ONT converts the optical signals of the fibre network into digital signals, enabling connection to the Wi-Fi router (if required) within the Customer’s premises.

1.15. Oxygn: Refers to Oxygn ISP (Pty) Ltd, a licensed internet service provider.

1.16. Oxygn Network: Refers to the network components owned, operated, and managed by Oxygn for the provision of Oxygn Services. This excludes the infrastructure, components, and equipment of Network Operators and other related third parties.

1.17. Oxygn Representative: Refers to any authorised employee, contractor, or agent acting on behalf of Oxygn in the provision, maintenance, or support of Oxygn Services.

1.18. Oxygn Service: Refers specifically to the internet and related services provided exclusively by Oxygn, including but not limited to broadband internet and value-added services under the terms of this Agreement.

1.19. Personal Information: Has the meaning ascribed to it in terms of the Protection of Personal Information Act, No. 4 of 2013 (referred to as the “POPI Act”).

1.20. Promotional Period: Refers to any period during which special rates, discounts, or offers apply to the Oxygn Service as defined by Oxygn, and which may be subject to modification or early termination as stated in this Agreement.

1.21. Service: Refers to the general provision of internet access or connectivity, including Oxygn Services and any network or internet services provided by third parties or other network operators, where applicable.

1.22. Service Activation: Refers to the date on which Oxygn enables the Customer to access and use the Oxygn Service.

1.23. Subscriber: Used interchangeably with “Customer,” referring to any person or entity receiving Oxygn Service(s) under this Agreement.

1.24. Subscription: Refers to the ongoing agreement by the Customer to pay for and receive the Oxygn Service, as outlined in this Agreement.

1.25. Termination Date: Refers to the date upon which the Oxygn Service is officially discontinued, either by Customer cancellation or by Oxygn’s termination of service per the terms of this Agreement.

1.26. Termination Point: Refers to the point where the Customer is connected to the fibre broadband network and includes the Optical Network Terminal (ONT).

2. Introduction
2.1. These Terms and Conditions outline the risks and responsibilities associated with the use of the Oxygn Service(s). By utilising the Oxygn Service(s), you agree to abide by these Terms and Conditions.

2.2. These terms and conditions govern the provision of services and the relationship between the Customer and Oxygn.

2.3. Oxygn’s broadband service operates on a best-effort basis and may be subject to normal network contention levels.

2.4. Base packages include basic internet access and support for general consumer-grade value-added services, including voice services.

2.5. The packages and their corresponding line speeds are determined by the Network Operator on which the order is placed.

2.6. Where the Terms and Conditions of any goods or services provided under them fall under the Consumer Protection Act, 2008 (“the CPA”), no part of these Terms and Conditions is intended to conflict with the relevant provisions of the CPA. All provisions within these Terms and Conditions should, therefore, be interpreted to ensure compliance with the relevant requirements of the CPA.

3. Acceptable Use Policy
3.1. All Customers of Oxygn are required to adhere to Oxygn’s Acceptable Use Policy, which is available on the Oxygn website at oxygn.co.za.

3.2. Oxygn reserves the right to implement measures to prevent improper, excessive, or abusive use of its products and services. Such measures may include, but are not limited to, throttling, suspension, or deactivation of a Customer’s service if usage is found to be excessive, fraudulent, or unlawful.

4. Intellectual Property
4.1. Oxygn retains all intellectual property rights in and to its Oxygn Services, including any software, trademarks, copyrights, patents, trade secrets, and any related content provided to the Customer. The Customer is granted a non-exclusive, non-transferable right to use Oxygn Services for the duration of this Agreement solely for the Customer’s internal use, in accordance with these Terms and Conditions.

4.2. The Customer agrees not to copy, distribute, modify, or create derivative works based on any intellectual property owned by Oxygn or to reverse-engineer, decompile, or disassemble any software associated with Oxygn Services.

5. Service Order and Activation Process
5.1. Order Placement:
5.1.1. Customers can place orders for internet services or value-added services online through the Oxygn website or through an authorised representative of Oxygn.
5.1.2. Orders may be placed electronically, manually, either through a digital application form, a hand-delivered form, or over the telephone.

5.2. Order Conditions:
5.2.1. All orders, whether online or through an authorised representative, are subject to acceptance by Oxygn based on factors such as the accuracy of product-related information, telecommunications network availability, credit vetting, and payment receipt.
5.2.2. Oxygn requires a successfully validated coverage check before allowing an order to be placed.

5.3. Order Acceptance:
5.3.1. The Customer hereby authorises Oxygn to enter into agreements with third parties as may be necessary for Oxygn to provide the Oxygn Service.
5.3.2. An order is considered accepted once the Customer’s Oxygn Service is Activated by Oxygn.

5.4. Activation Requirements:
5.4.1. Customers must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA) before the service is activated.
5.4.2. Service Activation is subject to the Customer accepting Oxygn’s latest terms and conditions.
5.4.3. In certain instances, Service Activation is subject to the acceptance and fulfilment of the order by the underlying Network Operator.

5.5. Service Activation Date:
5.5.1. Service Activation occurs when the Customer can access the Internet for the first time after the installation is completed and the order is fully fulfilled by Oxygn and the underlying Network Operator.
5.5.2. If there is any dispute over the Activation Date, Oxygn reserves the right to determine it, provided this date has been communicated to the Customer.

6. Oxygn Service Commencement and Duration
6.1. The Oxygn Service starts on the Activation Date.

6.2. The Customer has the option to choose between a month-to-month term or a 12-month term.

6.3. In the case of a month-to-month term, the Customer is required to make an upfront payment for installation and/or activation of the Oxygn Service, based off the prevailing rates set by the relevant Network Operator at the time.

6.4. Opting for a 12-month term exempts the Customer from upfront fees. However, the Oxygn Service will be billed for a period of 12 months before the Customer becomes eligible to cancel the Oxygn Service. If the Customer cancels within the 12-month term, an early cancellation fee, as detailed in clause 17, will apply.

7. Installation, Equipment, and Connectivity
7.1. Where applicable, Oxygn may provide a Wi-Fi router on a free-to-use basis, which must be returned upon cancellation of the Oxygn service.

7.2. Ownership of the Wi-Fi Router will always remain the property of Oxygn.

7.3. Upon delivery of the Equipment (e.g., Wi-Fi Router), the risk of loss, damage, or theft will transfer to the Customer. In the event of loss, damage, or theft, the Customer shall be responsible for covering the replacement value of the Wi-Fi Router at the time of occurrence.

7.4. The Customer will be responsible for the repair or replacement costs of any faulty Equipment or ONT if the damage is caused by user actions. Additionally, the Customer will be responsible for repair or replacement costs if the Equipment is faulty and no longer under warranty.

7.5. Customers may use their own devices but may receive limited support due to compatibility issues.

7.6. Customers may incur additional costs for non-standard installations or extra cabling.

7.7. Customers must provide Oxygn’s authorised representative(s) with access to the property, including any necessary permissions from landlords, homeowners’ associations, or other governing bodies for installations and maintenance.

7.8. The Customer acknowledges that cabling, conduits, and fixtures will be used for the installation, and these items will become the responsibility of the Customer once the installation has been completed. This excludes network equipment such as the Optical Network Terminal (ONT) and Termination Point installed by the Network Operator. The Customer is responsible for ensuring that these items are maintained in good working condition to ensure proper functionality of the service.

7.9. If the Customer needs to move the installation point, Optical Network Terminal (ONT), and/or router to a different location within the same premises, the Customer will be responsible for any related costs.

7.10. Network Operator Access and Contact:

7.10.1. In instances where the Network Operator, or its authorised representatives needs to arrange access to the Customer’s property for the installation of the Oxygn Service or for Network maintenance, Oxygn shall, where reasonably possible, notify the Customer in advance that the Network Operator will be in contact to arrange access. Any arrangements for access made between the Customer and the Network Operator are solely between those parties, and Oxygn shall not be responsible for any actions, risks, or conduct arising from such access or from the conduct of the Network Operator or its representatives.

7.10.2. The Customer acknowledges and consents that Oxygn may need to share certain personal information with the Network Operator to facilitate the installation, perform maintenance, or address network faults under the responsibility of the Network Operator. By providing this consent, the Customer authorises Oxygn to share such information with the Network Operator for these purposes in compliance with the Protection of Personal Information Act, No. 4 of 2013 (“POPI Act”).

7.10.3. If the Network Operator contacts the Customer for any purpose other than installation, maintenance, or fault resolution—such as marketing, solicitation, or promotion—the Customer agrees to notify Oxygn immediately.

8. Maintenance and Use of Service
8.1. The provision of any Oxygn Service to the Customer does not grant the Customer the right to resell the Oxygn Service.

8.2. The Service must not be used to:
8.2.1. knowingly create, store, or distribute any illegal content;
8.2.2. infringe on any third party’s intellectual property or copyright; and
8.2.3. send unsolicited emails.

8.3. Throughout the term of the Oxygn Service and Equipment used by the Customer will be considered to be in good working order unless Oxygn is notified otherwise.

8.4. Oxygn will respond to faults reported during office hours and will make reasonable efforts to restore the affected Service promptly.

8.5. If the Customer requests immediate attention for a fault and requires repair work to be performed after office hours, Oxygn may charge an after-hours maintenance fee on a time-and-materials basis, as determined by Oxygn from time to time.

8.6. If Oxygn determines that the fault reported by the Customer was caused by the Customer, the Customer will be responsible for payment of the applicable call-out charges and Equipment (if applicable), as determined by Oxygn from time to time.

8.7. The Customer shall engage with Oxygn employees, authorised representatives, and designated contractors in a courteous, respectful, and professional manner, and shall refrain from any abusive behaviour

9. Service Changes
9.1. Oxygn Customers are not permitted to transfer an Oxygn Service to another Oxygn Service that has been discontinued or is no longer supported

9.2. Oxygn Customers may change their service type, such as switching from wireless to fibre, with one calendar months’ notice. Customers must first cancel their current service, settle any applicable clawback fees, and return any ‘free-to-use’ equipment before initiating a new Oxygn service.

9.3. Oxygn Customers may upgrade their Oxygn Service operating over the same Network Operator’s network at no additional cost, provided they pay any Oxygn Service price difference, prorated to the next billing date.

9.4. Customers may downgrade their service to a lower-priced Oxygn Service at the same premises. Downgrades require one calendar months’ notice and will take effect at the beginning of the next billing cycle. Some Network Operators may impose fees for downgrades, which may be passed on to the Customer.

9.5. Oxygn reserves the right to modify or discontinue any aspect of the Oxygn Service(s) or adjust pricing. Customers will receive 30 days’ written notice of any material changes affecting their Oxygn Service and related subscription.
9.5.1. Continued use of the Oxygn Service after such notice shall constitute acceptance of the modified terms and/or pricing.

10. Service migrations on different Network Operators
10.1. If a Customer transfers their Oxygn Service operating over one Network Operator’s network to another Network Operator’s network, they must first cancel their current Oxygn Service, settle any applicable clawback fees, and return any ‘free-to-use’ equipment before initiating the new Oxygn Service.

11. Service migrations on the same Network Operator
11.1. Customers may transfer their Oxygn Service operating over the same Network Operator’s network to a different premises. Such a transfer may incur fees for installation, new equipment, or a reactivation fee of R499 if required. Each transfer request will be reviewed individually, so Customers are advised to consult with an authorised Oxygn representative before initiating a transfer.

12. Service Availability and Equipment Limitations
12.1. The Customer acknowledges that the Internet and data networks comprise multiple independent networks, each owned separately and not under the control of Oxygn.

12.2. As a result of the above, Oxygn cannot guarantee that its services will be operational continuously, 24 hours a day, 365 days a year.

12.3. Additionally, the Customer understands that the Equipment is manufactured by third parties and not by Oxygn. In many cases, Oxygn may not be able to inspect, test, or verify the condition of certain Equipment before it is provided to the Customer.

12.4. Given the disclosures in clauses 12.1 to 12.3, Oxygn expressly states, and the Customer acknowledges, that it cannot guarantee that the Services and/or Equipment will:
12.4.1. be free from errors or interruptions;
12.4.2. be consistently available;
12.4.3. meet any specific purpose;
12.4.4. not violate any third-party rights;
12.4.5. be secure and reliable,
except where defects in the Services and/or Equipment are solely attributable to Oxygn in accordance with sections 54, 55, and 56 of the CPA, where applicable.

12.5. In light of the above, the Customer agrees not to:
12.5.1. Withhold any payments owed to Oxygn;
12.5.2. Deduct any amounts;
12.5.3. Claim a breach of contract,
regarding any temporary unavailability of the Oxygn Services, or Managed Equipment, unless Oxygn is solely responsible for such unavailability or failure.

12.6. Oxygn and/or the Network Operator may schedule maintenance, conduct network improvements, or notify of planned outages with as much prior notice as feasible.

12.7. Oxygn will make reasonable efforts to inform the Customer of any Service interruptions, planned outages, maintenance requirements, or Network faults as they arise. Service may be disrupted during such events, and Oxygn will endeavour to minimise impact on the Customers.

12.8. Oxygn is not liable for any loss or damage arising from planned or unplanned outages, including those due to Network faults or maintenance by the Network Operator.

13. Promotions
13.1. Oxygn may run Promotional Offers from time to time. Generally, these Promotions are for a fixed period, after which the price will revert to the standard price. The term of each promotion may vary depending on its nature.

13.2. Oxygn reserves the right, at its sole discretion, to adjust the Promotional Period by extending or shortening its duration, or to withdraw the promotion entirely. Any such changes will be communicated to customers. Oxygn shall not be liable for any losses or damages arising from the modification or withdrawal of any Promotion.

14. Abuse of Services
14.1. The Customer hereby warrants and undertakes in favour of Oxygn that the Customer:
14.1.1. will not use or permit the Services to be used for any improper, unlawful, or prohibited purpose, including, without limitation, attempting to utilise the Services to route (or assist another party to route) transit traffic from other Networks to Oxygn, nor in any way that may cause injury or damage to persons or property or an impairment or interruption of the Services;
14.1.2. shall comply with all relevant legislation and regulations imposed by any competent authority, as well as all directives issued by Oxygn relating to the Services, including its Acceptable Use Policy available on Oxygn’s website, and hereby indemnifies Oxygn for any losses, expenses, damages, harm, or amounts for which Oxygn may become liable arising from or relating to the use of the Services in any manner whatsoever that violates the terms of this Agreement, Oxygn’s Acceptable Use Policy, or any law, legislation, or regulations; and/or any claims made by any third party arising from the Customer’s use of the Services, unless such losses, expenses, damages, harm, or liability were directly attributable to the gross negligence or fraudulent intent of Oxygn.

15. Billing
15.1. One-Time Fees: Oxygn may charge one-time fees, such as installation and/or activation fees, payable before Service Activation. These fees are non-refundable and must be paid before installation or order fulfilment.

15.2. Monthly Subscription Fees: Monthly subscription fees will be billed in advance, starting from the date of Service Activation.

15.3. Invoice and Payment Due Date: Invoices are issued on the Billing Date (the 1st of each month), with all applicable fees due on the same date. Oxygn allows a grace period of 4 days for payments not received by the Billing Date. Services will be suspended on the 4th of the month for any unpaid subscription fees, value-added service fees, or outstanding one-time fees.

15.4. First Billing Cycle: For the first billing cycle, the Customer will be charged a pro-rated subscription fee for the month of activation. For example, if a Customer’s service start date is March 15, an invoice generated in March will reflect charges from March 15 to March 31, while the subsequent invoice will show charges from April 1 to April 30.

15.5. Additional Charges: Additional hardware and value-added services will also be billed in advance.

15.6. Voice Usage Services: Voice usage services are billed in arrears, covering the period from the 21st of one month to the 20th of the next month. Oxygn reserves the right to change the billing dates as necessary.

15.7. Changes to Invoice and Payment Dates: Oxygn reserves the right to change invoice and payment dates with a 30-day written notice to Customers.

15.8. Unsuccessful Debit Orders:
15.8.1. Oxygn reserves the right to charge a debit order fee of R15 (including VAT) for each unsuccessful debit order transaction.
15.8.2. If two consecutive debit orders are unsuccessful, Oxygn reserves the right to automatically terminate the debit order mandate, change the payment method to electronic funds transfer (EFT) and suspend the Oxygn Service. Should the Customer require the Oxygn Service to be reactivated, they must provide a new duly authorised debit order mandate.
15.8.3. If a Customer reverses or disputes a debit order, Oxygn reserves the right to automatically terminate the debit order mandate and suspend the Oxygn Service. Should the Customer require the Oxygn Service to be reactivated, they must provide a new duly authorised debit order mandate.

15.9. Refund Requests: Customers must request a refund via email to accounts@Oxygn.co.za or by calling 032 815 0400 / 087 688 1143.

15.10. Deceased Customer: The representative of the deceased Customer’s estate must request a refund in writing. They are required to provide proof of their authority as the representative of the deceased estate, along with banking details for the estate’s trust account that are not older than three months.

15.11. Oxygn may adjust its prices annually in line with the Consumer Price Index. Such increases will apply to month-to-month services and services where the term has expired.

15.12. If the Network Operator increases their charges to Oxygn for the applicable Service, outside of Oxygn’s control, Oxygn reserves the right to adjust the Charges for the affected Service in proportion to the rise in costs, even if the Customer is still within the term of the contract.

16. Suspension Rules
16.1. Oxygn may, from time to time and with notice, where reasonably possible, suspend the Oxygn Service and, where applicable, the right to use the Equipment. Oxygn may also disconnect the Equipment from the Oxygn Network at its discretion under any of the following circumstances:
16.1.1. For routine maintenance, modifications, or unplanned maintenance of the Oxygn Network and/or any other systems involved in delivering the Services.
16.1.2. To address fraudulent or suspected fraudulent use of the Customer’s Service.
16.1.3. If full payment has not been received and in accordance with clause 15.
16.1.4. Due to issues with third-party infrastructure that have impacted or disrupted the Oxygn Service.
16.1.5. If certain Services are being misused by the Customer.
16.1.6. If the Oxygn Service or Equipment is identified as having a security risk or vulnerability that could be exploited to the detriment of Oxygn.
16.1.7. If the Customer uses Subscriber Equipment that is not approved by ICASA for such use.
16.1.8. If the Service is removed due to a take-down notice that Oxygn is required to act upon.
16.2. The Customer accepts that the right to suspend the Oxygn Service is necessary to maintain the quality of the Oxygn Service, the integrity of the Oxygn Network, and to protect the interest of both the Customer and Oxygn and that it will remain liable for all Charges which may be levied by Oxygn during the period of suspension
16.3. If a Customer’s account is suspended, they will not have access to the Internet or any value-added services, as applicable.
16.4. A suspended account due to non-payment:
16.4.1. will be reactivated upon full settlement of outstanding amounts and a reconnection fee of R499 (VAT inclusive).
16.4.2. If the Customer fails to settle their account in full within 21 days, Oxygn reserves the right to deactivate the account and cancel the related service(s) in accordance with the Cancellation rules.
16.5. Any account with an outstanding balance three days past the due date will be suspended.

17. Oxygn Service Cancellation
17.1. Oxygn may, from time to time and with notice when possible, and without prejudice to any other claims or remedies available under this agreement or by law, discontinue and/or terminate any part of the contract and Oxygn Service or disconnect the Equipment from the Oxygn Network at its discretion under any of the following circumstances:
17.1.1. In compliance with an instruction from ICASA or under the ECA, or any other applicable law or authority authorized to issue such instructions.
17.1.2. If the Customer has obtained the Service through fraud or misrepresentation.
17.1.3. If the Customer proposes or enters into any arrangement with creditors or engages in any act of insolvency as defined by the Insolvency Act or other relevant legislation.
17.1.4. If the Customer is using or allowing the use of the Service or any component thereof for illegal purposes or in violation of Applicable Law.
17.1.5. If full payment has not been received and in accordance with clause 15.

17.2. The Customer may cancel their Oxygn service at any time by providing one calendar months’ written notice, with the cancellation taking effect on the final day of the notice period (the Termination Date).
For example, a cancellation request submitted on the 28th of August will take effect at the end of September, while a request made on the 1st of September will take effect at the end of October. If the last day of the month falls on a weekend or public holiday, the cancellation request should be submitted by the preceding Friday, no later than 12:30pm.

17.3. Notice of cancellation by a Customer must be communicated via email sent to hello@oxygn.co.za.

17.4. Oxygn may recover any outstanding amounts, including promotional values within the clawback period and the replacement cost of any lost or damaged equipment.

17.5. If the Customer cancels their Oxygn Service within 12 months of activation, a cancellation fee of R1500 (including VAT) will be charged.

17.6. Oxygn will instruct the relevant Network Operator to release the line once the Customer’s account has been fully settled, and the service will be deactivated on the Termination Date.

18. Obligations on Cancellation and/or Suspension
18.1. The Customer remains liable for any obligations that have accrued as of the date of cancellation or suspension of the Oxygn Service. This includes the payment of any costs or charges associated with such cancellation (including, without limitation, the cancellation fees outlined in clause 17) or suspension, as well as the payment of all outstanding fees for the use of the Oxygn Service prior to the cancellation or suspension.

18.2. Customer’s payment obligations under this Agreement shall not be suspended, delayed, or otherwise affected by any suspension of access to the Oxygn Service if such suspension results from the Customer’s failure to comply with, or violation of, the terms and conditions of this Agreement or any applicable law or legal obligation.

18.3. Oxygn shall have the right to immediately deactivate the Oxygn Service on the date of termination or cancellation and shall have no further obligations to the Customer following any termination or cancellation of this Agreement.

18.4. Following the Cancellation of the Oxygn Service for any reason:
18.4.1. Oxygn may, upon 48 hours’ notice and in the presence of the Customer or their nominated person, enter the Customer’s premises to retrieve any Equipment or property belonging to Oxygn.
18.4.2. The Customer remains liable for all outstanding charges at the time of cancellation, as well as any additional costs incurred due to the cancellation.

19. Service Availability and Equipment Limitations
19.1. The Customer acknowledges that the Internet and data networks comprise multiple independent networks, each owned separately and not under the control of Oxygn.

19.2. As a result of the above, Oxygn cannot guarantee that its services will be operational continuously, 24 hours a day, 365 days a year.

19.3. Additionally, the Customer understands that the Equipment and ONT (where applicable) is manufactured by third parties and not by Oxygn. In many cases, Oxygn may not be able to inspect, test, or verify the condition of certain Equipment before it is provided to the Customer.

19.4. Given the disclosures in clauses 19.1 to 19.3, Oxygn expressly states, and the Customer acknowledges, that it cannot guarantee that the Services and/or Equipment will:
19.4.1. be free from errors or interruptions,
19.4.2. be consistently available,
19.4.3. be suitable for any specific purpose,
19.4.4. not violate any third-party rights,
19.4.5. be secure and reliable,
except where defects in the Oxygn Service and/or Equipment are solely attributable to Oxygn in accordance with sections 54, 55, and 56 of the CPA, where applicable.

19.5. In light of the above, the Customer agrees not to:
19.5.1. Withhold any payments owed to Oxygn.
19.5.2. Deduct any amounts,
19.5.3. Claim a breach of contract,
regarding any temporary unavailability of the Services, Circuit, unless Oxygn is solely responsible for such unavailability or failure.

19.6. Notwithstanding the provisions of clause 19.4, Oxygn will make reasonable efforts to notify the Customer of any interruptions or failures in the Services as well as any necessary maintenance or repairs.

20. Unsolicited Commercial Communications
20.1. The Customer agrees to indemnify Oxygn and its directors against any loss, liability, damage, or expense (whether actual, contingent, or otherwise, and regardless of whether foreseeable by the Parties, including but not limited to loss of data, profits, or goodwill) that Oxygn or its directors may incur as a result of or in connection with the sending of unsolicited commercial communications (“SPAM”).

20.2. The Customer is solely responsible for ensuring compliance with all applicable laws and regulations governing SPAM, including but not limited to the Electronic Communications and Transactions Act of 2002 (“ECTA”), the Independent Communications Authority of South Africa (ICASA) Code of Conduct, and the POPI Act.

21. Assignment, Sub-Contracting, and Contracting on behalf of the Customer
21.1. The Customer may not assign any of its rights or obligations under this Agreement, transfer any Equipment to a third party, or permit any third party to use the Equipment without Oxygn’s prior written consent.

21.2. Oxygn shall have the right to cede, assign, and/or subcontract any or all of its rights and obligations under this Agreement to any other party at any time during the term of the Agreement, provided that if the Customer is a consumer as defined in regulation 44(1) of the CPA Regulations, such assignment of obligations shall not be to the Customer’s detriment.

21.3. Subject to the restriction in clause 21.1, this Agreement shall be binding upon the successors-in-title of both Parties.

22. Force Majeure
22.1. Oxygn shall not be held liable for failing to perform any obligations under this Agreement if it can demonstrate that:
22.1.1. the failure was caused by an impediment beyond its reasonable control;
22.1.2. the impediment was not reasonably foreseeable at the time of entering into this Agreement; and
22.1.3. Oxygn could not have reasonably avoided or mitigated the effects of the impediment.
22.1.4. The following events, while not exhaustive, will be considered impediments beyond Oxygn’s control:
22.1.4.1. war (declared or not), civil war, civil unrest, riots, and revolutions, including acts of piracy and sabotage.
22.1.4.2. natural disasters such as severe storms, cyclones, earthquakes, floods, and lightning strikes.
22.1.4.3. explosions, fires, and damage to facilities, equipment, and machinery.
22.1.4.4. boycotts, strikes, lockouts, work slowdowns, or other work stoppages.
22.1.4.5. actions by authorities, whether lawful or unlawful, except for risks assumed by Oxygn.
22.1.4.6. actions or omissions by any Network Operator.

22.1.5. Should any event contemplated in this clause prevent the provision of uninterrupted Service for a period exceeding four weeks, the Customer shall be entitled to terminate the affected Service without penalty.

23. Indemnity and Limitation of Liability
23.1. The Customer hereby indemnifies and holds Oxygn harmless from any loss, liability, damage, injury, or cost incurred as a result of:
23.1.1. any equipment installed at the Customer’s premises that causes damage, injury, or loss; and
23.1.2. any interruption or disruption to the Service, which results in damage, injury, or loss of income to the Customer or any third party.
23.1.3. any third-party claims arising directly or indirectly from the Customer’s use of the Services or Equipment in a manner that breaches this Agreement.

23.2. Notwithstanding any other provisions of this Agreement, the liability of either Party for any loss, liability, damages, costs, claims, or other liabilities suffered or incurred by the other Party or its Personnel arising out of or in connection with this Agreement shall be limited to an amount equal to three (3) months of the Customer’s monthly fees.

23.3. Except as otherwise provided in this Agreement, neither Party shall be liable to the other for any indirect, consequential, or special damages arising out of or in connection with this Agreement, including, without limitation, any loss of profits, revenue, or anticipated savings, regardless of the cause of action, whether in contract, delict, or any other legal theory.

24. Severability
24.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

25. Construction
25.1. The headings used in this Agreement are for convenience only and do not affect the interpretation of any provisions herein.

25.2. Words in the singular include the plural and vice versa; references to one gender include all genders; and any reference to a statute or regulation shall be construed as referring to any subsequent amendment or re-enactment of such statute or regulation.

25.3. References to clauses are references to clauses in this Agreement.

26. Waiver
26.1. No waiver of any term or condition of this Agreement by either Party shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver must be in writing and signed by an authorised representative of the Party waiving the right.

27. Governing Law
27.1. This Agreement is governed by and construed in accordance with the laws of South Africa. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in South Africa.

28. Dispute Resolution
28.1. In the event of a dispute arising from this Agreement, the Parties agree to attempt to resolve the dispute through good faith negotiations within 30 days.
28.2. If the dispute cannot be resolved amicably, it shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
28.3. The decision of the arbitrator shall be final and binding on both Parties, except in cases where legal remedies are required.

29. Amendments to the Terms and Conditions
29.1. This Agreement, along with Oxygn’s Acceptable Use Policy any applicable Product-Specific Terms and Conditions, constitutes the entire agreement between the Parties regarding the subject matter hereof and may only be modified as expressly stated in this clause 29.

29.2. Subject to the Customer’s right to cancel this Agreement in accordance with clause 17 and 18, Oxygn reserves the right to frequently modify and improve the Oxygn Services provided to its Customers. Such changes may necessitate amendments to this Agreement. Oxygn shall have the sole discretion to amend the Agreement and change or discontinue any feature or component of the Oxygn Services as deemed necessary.

29.3. Any use by the Customer of the Oxygn Services following the implementation of any amendment shall be deemed as acceptance of such amendment by the Customer.

30. Authority and Acknowledgements
30.1. The Customer warrants that it has the necessary legal capacity and authority to enter into this Agreement.

30.2. The signatory for the Customer, or any individual providing agreement on behalf of the Customer, warrants that they are authorised to enter into this Agreement on the Customer’s behalf.

30.3. The Customer confirms that:
30.3.1. it has been given an adequate opportunity to read, and has read and understood, this Agreement along with Oxygn’s Acceptable Use Policy and any applicable Product-Specific Terms and Conditions; and
30.3.2. it has read and is aware of all the terms and conditions contained herein.

30.4. In cases where physical installation of Equipment is required, the Customer warrants that it has obtained all necessary consents from the landlord or landowner, as applicable, and has disclosed any relevant reservation of ownership related thereto.