1. “Endless Inclination” means either of Endless Inclination (Pty) Ltd or Endless Inclination (Pty) Ltd or any other entity which Endless Inclination (Pty) Ltd or Endless Inclination (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
2. “Endless Inclination System” means equipment operated together as a system by Endless Inclination to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
3. “Endless Inclination Website” means the Internet website published at the URL “www.endlessinclination.co.za” or another URL that Endless Inclination notifies the Client of from time to time.
4. “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
5. “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
6. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
7. “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
8. “Client” is the party described as such on any Application or Service Order executed between it and Endless Inclination.
9. “Client Data” means Data:
   1. transmitted to the Client using the Endless Inclination System,
   2. stored by the Client on the Endless Inclination System (or on the Client System as the case may be), or
   3. transmitted by the Client via the Endless Inclination System,
   4. in the day-to-day utilisation of a Service.
10. “Client Equipment” means any equipment installed at Endless Inclination’s premises by the Client that Endless Inclination does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
11. “ClientZone” means the Client account login area of Endless Inclination’s portal, accessed by using Client credentials and passwords;
12. “Data” means electronic representations of information in any form.
13. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
14. “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
15. “Emergency Maintenance” means maintenance to the Endless Inclination System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Endless Inclination, the Client or any third party.
16. “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
17. “Goods” means any and all goods to be provided by Endless Inclination to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
18. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
19. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
20. “Malicious Code” means anything that contains any computer software routine or code intended to:
    1. allow unauthorised access or use of a computer system by any party, or
    2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
    3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
21. “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
22. “OTP” means One-Time Pin or One-Time Password that is used for login to Endless Inclination systems or for verification purposes.
23. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
24. “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
25. “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Endless Inclination to the Client.
26. “Service Terms” means a document describing the terms on which Endless Inclination will provide a particular Good or Service, as amended from time to time.
27. “General Terms” means this document.
28. “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
29. “Supplier” means a supplier of goods and / or services to Endless Inclination.
30. “Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
31. “User/s” means the Client or any other person accessing any the Services provided by Endless Inclination.
32. AUP – An acceptable use policy, acceptable usage policy or fair use policy is a set of rules applied by the owner, creator or administrator of a computer network website, or service. That restricts the ways in which the network, website or system may be used and sets guidelines as to how it should be used.
33. Extension: An extension can be seen as an internal line dedicated to an individual user on the Hosted Switchboard.
34. Pins: A numerical code used to monitor and report on outbound dialling. This is used at the start of every call to access an outside line.
35. Audio File: A file played back to your callers while waiting on hold or used for interactive voice response.
36. Provisioning: The system of programming a handset to your Hosted Switchboard.
37. Auto Provisioning: The system of automatically programming a handset to your Hosted Switchboard.
38. Queue: A group of extensions with a set of parameters to control inbound calls.
39. Time Condition: A set of conditions that are used to control the flow of calls during different days of the week, times of the day and public holidays.
40. CallerID Rewrite: A function used to change what is displayed on the screen of an incoming call.
41. Announcement: An audio file played to callers to give them additional information.
42. Speed Dial: A numerical code used as a shortcode to dial a full 10 digit number.
43. DDI – Direct Inward dialling: A DDI (Also known as a DID), is the number or numbers allocated to your VoIP trunk. If you have multiple DDI’s these can allow calls to bypass the operator and be directed straight to the required extension or queue.
44. IVR – Interactive Voice Response: An IVR is used to allow callers to select their desired destination from a list of options presented to them via a voice message.
45. MOH – Music on Hold: Music that is played back to callers when waiting on hold, or while waiting in a queue.
46. VoIP Trunk: A VoIP Trunk is a multi-line service used in conjunction with your Hosted Switchboard.
47. Ring Strategies: This is the manner in which the included extensions will ring when using a Queue.
48. Show Path: Once a DDI has been configured, Use the “Show Path” feature to confirm your setup.

1. The Goods and Services that Endless Inclination will provide to the Client will be described in the invoice or per other SLA agreements.
2. These General Terms apply to all Services.
3. The Service Order(s), Service Terms, and this document together form the Agreement between Endless Inclination and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
4. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.

1. By contracting with Endless Inclination for services, the Client agrees, without limitation or qualification, to be bound by this Policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to the Client in connection with the Services.
2. The purpose of this AUP is to:
   • ensure compliance with the relevant laws of the Republic;
   • specify to Clients and users of Endless Inclination’s service what activities and online behaviour are considered an unacceptable use of the service;
   • protect the integrity of Endless Inclination’s network; and
   • specify the consequences that may flow from undertaking such prohibited activities.
3. This document contains a number of legal obligations which the Client will be presumed to be familiar with. As such, Endless Inclination encourages the Client to read this document thoroughly and direct any queries to aup@endlessnclination.co.za
4. Endless Inclination respects the rights of Endless Inclination’s Clients and users of Endless Inclination’s services to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion.
5. All forms of communication will be sent via email.

1.1.The Customer shall either:

1.1.1.purchase the Equipment from Endless Inclination in accordance with a separate sale agreement to be concluded between the Customer and Endless Inclination; or

1.1.2.lease the Equipment in accordance with a separate lease agreement to be concluded by the Customer and (i) Endless Inclination or (ii) a Third Party Service Provider.

1.2.Where the Equipment is purchased by the Customer from Endless Inclination:

1.2.1.the Equipment will be supplied by and installed by Endless Inclination or its nominated representative in terms of the Agreement of sale in respect of the Equipment;

1.2.2.Endless Inclination shall invoice the Customer for the cost of the Equipment and its installation, which invoices shall be payable by the Customer in accordance with the agreed terms of the Agreement of sale;

1.2.3.the Customer will effect payment of such invoice by electronic fund transfer and provide Endless Inclination with proof of payment before installation is scheduled and implemented by Endless Inclination;

1.2.4.any Equipment supplied by Endless Inclination to the Customer that functions incorrectly, is defective or is otherwise faulty as a consequence of its design, material or workmanship may be covered by a warranty provided by a Third Party Service Provider (including the manufacturer of the Equipment) or relevant legislation for such period stated by the Third Party Service Provider (including the manufacturer of the Equipment) or set out in the relevant legislation;

1.2.5.to the maximum extent permitted by law, Endless Inclination gives no warranty in relation to the Equipment which has been damaged due to the neglect or misconduct of the Customer, including any water damage, lightning, power surges, alterations or combination with other Equipment or property; and

1.2.6.while risk in and to the Equipment shall pass to the Customer upon delivery, Endless Inclination shall retain ownership of the Equipment until such time as the Customer has made payment for the Equipment in full, whether it is installed or not;

1.3.Where the Equipment has been leased by the Customer from Endless Inclination:

1.3.1.the Equipment will be supplied and installed by Endless Inclination or its nominated representative in accordance with the agreed terms of the rental agreement in respect of the Equipment;

1.3.2.Endless Inclination shall invoice the Customer for the rental in accordance with the agreed terms of the rental agreement in respect of the Equipment;

1.3.3.while risk in and to the Equipment shall pass to the Customer upon delivery, Endless Inclination shall retain ownership of the Equipment until such time as the Customer has made payment for the Equipment in full, whether it is installed or not

1.3.4.the Customer shall remain liable for the Fees under this Agreement notwithstanding the termination or expiry of a rental agreement and/or the destruction of or damage to the Equipment;

1.3.5.the Customer shall inform their Landlord of the rental agreement in place in respect of the Equipment together with a schedule of the Equipment leased/rented;

1.3.6.unless otherwise provided in the lease agreement, in the event that this Agreement is cancelled, in respect of rented/leased Equipment, and

1.3.6.1.the Customer refuses Endless Inclination access to the Customer’s premises in order to remove the Equipment, or

1.3.6.2.when attending to remove the Equipment, Endless Inclination discover that the Equipment has been damaged or has otherwise been removed,

1.3.6.3.Endless Inclination shall be entitled to invoice the Customer for the full cost of all of the Equipment, plus the relevant installation charges thereof, and which the Customer hereby accepts liability for, and which shall be due and payable upon presentation of the invoice.

1.4.The Customer shall, at all times

1.4.1.take all reasonable steps to prevent the Equipment from being damaged or tampered with, or otherwise modified either in configuration or setup

1.4.2.locate the Equipment in a safe place at the Site;

1.4.3.maintain the Equipment in proper working order, ensuring that the Equipment is used with due skill and care and only in the manner and for the purpose for which it is designed and the intended in accordance with the business of the Customer;

1.4.4.keep the Equipment insured against Loss, theft damage, or destruction; and

1.4.5.allow any of its Personnel or a third party to make any modification or addition to any equipment, software or Materials provided by Endless Inclination, without the prior written consent of Endless Inclination

1.5.Without limiting or derogating from the remainder of this clause 4, the Customer accepts the risk of damage to or destruction, Loss or theft of the Equipment and all business interruptions that are caused by or flow from such incidents, with effect from the date that the Equipment is delivered to the Customer.

1.6.When notified of the proposed installation of the Equipment, the Customer shall provide Endless Inclination and/or its nominated representative with such access as may be required for purposes of installing the Equipment.

1.7.The Customer acknowledges and agrees that the Services may be interrupted, terminated or suspended should the Customer fail to provide the Equipment as required in terms of this Agreement, or should an Emergency Change be required at the instance of Endless Inclination or a Third Party Service Provider, and Endless Inclination shall not be liable to the Customer for any such suspension, interruption or failure of the Services in such an event.

1.8 Any Free-to-use router and Air Fibre dish shall remain the responsibility of the customer to maintain the equipment in good working condition. Should the equipment be damaged due to lightning damage, acts of God, physical damage, electrical surges or loadshedding will remain the customer’s responsibility.
1.9 Any evidence of tampering with, misuse of, or damage to the equipment shall result in the immediate application of a call-out fee. This includes, but is not limited to, instances requiring the dispatch of a technician to inspect, diagnose, or rectify such issues.
In the event that equipment is deemed damaged beyond reasonable repair or is otherwise unrecoverable, the Client shall be liable for the full replacement or repair cost, which will be invoiced separately.

Endless Inclination’s services may only be used for lawful purposes and activities. Endless Inclination prohibits any use of its Services including the transmission, storage and distribution of any material or content using Endless Inclination’s network that violates any law or regulation of the Republic. This includes, but is not limited to:

1. Any violation of local and international laws prohibiting child pornography, obscenity, discrimination (including racial, gender or religious slurs) and hate speech, or speech designed to incite violence or hatred, or threats to cause bodily harm.
2. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
3. Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets.
4. Any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent.
5. Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another client without their consent; or any attempt to enter into a transaction with Endless Inclination on behalf of another client without their consent.
6. Any violation of the exchange control laws of the Republic.
7. Any activity that results in the sale, transmission or distribution of pirated or illegal software

Any activity which threatens the functioning, security and/or integrity of Endless Inclination’s network is unacceptable. This includes:

1. Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Endless Inclination for this goal.
2. Any effort to use Endless Inclination’s equipment to circumvent the user authentication or security of any host, network or account (“cracking” or “hacking”).
3. Forging of any TCP/IP packet headers (spoofing) or any part of the headers of an email or a newsgroup posting.
4. Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person.
5. Any activity which threatens to disrupt the service offered by Endless Inclination through “denial of service attacks”; flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks.
6. Any activity which in any way threatens the security of the network by knowingly posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, trojan horse, worm, malware, botnet or other harmful, destructive or disruptive component.
7. Any unauthorised monitoring of data or traffic on the network without Endless Inclination’s explicit, written consent.
8. Running services and applications with known vulnerabilities and weaknesses, e.g. insufficient anti-automation attacks, any traffic amplification attacks, including recursive DNS attacks, SMTP relay attacks.
9. Failing to respond adequately to a denial of service attack (DOS / DDOS).

4.1 Throttling:

Throttling limits the throughput of all services and protocols. Regardless of the DSL line speed, a throttled account will only be able to achieve limited throughput in total whilst using that account on their line. The DSL line itself is not affected, and using an unthrottled account will return line performance to normal. throttling is applied on an individual user basis, based on usage over a 30 day rolling window threshold. Throttling is applied only when demand on the network exceeds available network capacity, and is relieved when demand decreases.

4.2 Shaping:
Shaping is the implementation of protocol based priority, to manage demand on the network. When shaping is implemented, realtime, interactive services are given higher priority over non-realtime, non-interactive services, effectively slowing the performance of non-prioritised services in favour of those given priority. Shaping is applied to all users in general (not based on usage thresholds), and the impact to non-priority services is determined by the level of demand and available network capacity. Shaping is applied only when demand on the network exceeds available network capacity, and relieved when demand decreases.

4.3 Contention:
Network capacity and performance is subject to contention for services from users. This means that a significant rise in demand can affect the availability of bandwidth to users. Endless Inclination manages contention through the implementation of Quality of Service, Shaping and Throttling (on applicable products). Contention is a function of demand from users and is not strictly within Endless Inclination’s direct control, however Endless Inclination will use the provisions of the AUP and Terms and Conditions to manage contention and minimise the impact to performance to offer the best possible experience at all times.

4.4 Network Unavailability:
Network Unavailability means the time where the service is unavailable or degraded to such an extent that it is unusable, measured from the first detection or reporting of service interruption to Endless Inclination by the Customer until the time when the service is restored and excluding any service interruption outside of Endless Inclination contracted services supplied to the Customer/Reseller. Network Unavailability will not include Scheduled Maintenance/Emergency Maintenance or any unavailability resulting from (a) any local loop provider, (b) Reseller’s applications, equipment or facilities, (c) acts or omissions of Customer or any use of the service authorised by Reseller, (d) reasons of Force Majeure, or (e) power loss and/or interruptions at the Customer Premises;

1. Endless Inclination regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
   1. Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
   2. Mail sent by one party to another with the explicit consent of the receiving party.
   3. Clients should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
2. Endless Inclination will take swift and firm action against any user engaging in any of the following unacceptable practices:
   1. Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
   2. Using any part of Endless Inclination’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
   3. Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Endless Inclination does not permit the sending of “opt-out” mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Endless Inclination will also monitor Clients deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Endless Inclination, at its discretion, believe that this is the case, it will be treated as SPAM.
   4. Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
   5. Using Endless Inclination’s service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Endless Inclination’s infrastructure in unsolicited bulk mail (e.g. a website advertised in spam).
   6. Including Endless Inclination’s name in the header or by listing an IP address that belongs to Endless Inclination in any unsolicited email whether sent through Endless Inclination’s network or not.
   7. Failure to secure a Client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Endless Inclination reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Endless Inclination also reserves the right to examine the mail servers of any users using Endless Inclination’s mail servers for “smarthosting” (when the user relays its mail via an Endless Inclination mail server to a mail server of its own or vice versa) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Endless Inclination’s Privacy Policy and the laws of South Africa.

Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Endless Inclination will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Endless Inclination’s resources, including the provisioning of all personal identifiable data. 

1. Endless Inclination offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Endless Inclination’s discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Endless Inclination reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.
2. 1Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
3. For Shared Hosting and Managed Dedicated Solutions, Endless Inclination will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Endless Inclination is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Hosting Clients.
4. Endless Inclination will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
5. Endless Inclination prohibits Clients from doing the following on hosting platforms administered by Endless Inclination:
   1. Running applications that are not production-ready. Any applications on the hosting platform must be optimised with respect to memory usage and must have appropriate data indexing.
   2. Running applications with inadequate security controls.
   3. Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
   4. Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
   5. Storing malicious content, such as malware or links to malware.
   6. Monopolising server resources, including CPU time, memory, network and disk bandwidth.
   7. Maintaining long-running processes and long-running database queries.
   8. Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
   9. Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
   10. Using poor passwords.
   11. Sharing security credentials with untrusted parties.
   12. Running Torrents for download or Seed Servers.
   13. Running TOR (or other Online Anonymity Services).
   14. Otherwise circumventing the Acceptable Use Policy or intended use of the product.
6. Endless Inclination strictly prohibits any crypto currency associated activities or mechanisms to be run on any part of our hosting network or servers within our hosting environment.

Endless Inclination respects the privacy and confidentiality of Endless Inclination’s Clients and users of Endless Inclination’s service. Please review Endless Inclination’s Privacy Policy which details how Endless Inclination collects and uses personal information gathered in the course of operating its Services.

1. Clients are responsible for any misuse of Endless Inclination’s services that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Endless Inclination’s service.
2. Endless Inclination urges Clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Client and Endless Inclination cannot be held liable for the Client being placed on any bulk mailing lists as a result.
3. Where the Client has authorised a minor to use any of the Endless Inclination’s services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.

Complaints relating to the violation of this AUP should be submitted in writing to abuse@endlessinclination.co.za. Complaints must be substantiated, and unambiguously state the nature of the problem and its connection to Endless Inclination’s network and services.

Upon receipt of a complaint, or having become aware of an incident, Endless Inclination may, in its sole and reasonably-exercised discretion take any of the following steps:

1. In the case of Clients, warn the Client, suspend the Client account and/or revoke or cancel the Client’s Service access privileges completely;
2. In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
3. In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
4. In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
5. Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
6. Institute civil or criminal proceedings;
7. Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies; and/or
8. suspend or terminate the Service as provided for in the Agreement.

This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.

1. Endless Inclination reserves the right to amend or alter this policy at any time, and without notice to the Client.
2. Endless Inclination reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Endless Inclination’s services, to the fullest extent of the law.
3. Endless Inclination reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Endless Inclination’s network.
4. Endless Inclination does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Endless Inclination fail, neglect or elect not to enforce a breach of the AUP at any time.

Endless Inclination shall conduct scheduled maintenance in respect of the services in such a manner that it does not cause unreasonable outage or interruption of the services. In the event that scheduled maintenance requires a service interruption or outage, Endless Inclination shall exercise commercially reasonable efforts to:

1. Provide the customer with seven (7) days prior written notice of such scheduled maintenance;
2. Work with the customer in good faith to attempt to minimize any disruption in the customers’ services that may be caused by such scheduled maintenance; and
3. Perform such scheduled maintenance during the non-peak hours of 12:00 a.m. (midnight) until 6:00 a.m. local time where reasonably possible.

Endless Inclination shall monitor the infrastructure platform and notify the customer in the event of disruptions that will affect the delivery of service.

1. All invoices are due at the latest on the due date stipulated on the invoice;
2. Use the EI Customer Number stipulated at the middle-left of your invoice when making a payment;
3. All recurring invoices to be paid in advance unless an arrangement was made and noted to your account;
4. Any service purchased from Endless Inclination that is on a month to month requires a calendar month’s notice.
5. Any service purchased from Endless Inclination where a contract is signed for any term period will need to serve out the term and provide a calendar month notice at the end of the term period, otherwise, a penalty fee is payable for early termination. (This is calculated on a case by case basis).
6. The Customer agrees that all invoices, statements and billing-related communications may be sent to the email address provided to Endless Inclination (Pty) Ltd. The Customer is responsible for ensuring that this email address remains valid, accessible and capable of receiving emails, including maintaining sufficient mailbox storage and ensuring that communications from Endless Inclination are not blocked, rejected or filtered as spam.
   
   An invoice will be regarded as delivered once it has been sent to the Customer’s nominated email address. Failure to receive, access, open or read an invoice due to a full mailbox, inaccessible email account, incorrect email details, spam filtering or similar circumstances does not relieve the Customer of their obligation to pay any amount due by the applicable due date. The Customer remains responsible for all outstanding amounts and must notify Endless Inclination promptly of any change to their billing email address.

In addition to clause 3, 5 and 14, Endless Inclination may lawfully suspend, withdraw all or part of any service at any time until further notice to the customer if, in Endless Inclination reasonable discretion:

1. The continued provision of the Services will cause Endless Inclination to breach an applicable law or be in contravention of its Licenses; and/or
2. The customer is in breach of or otherwise is not complying with any of the provisions of this Agreement; and/or
3. Any overdue tax invoice for charges billed by Endless Inclination to the customer remains unpaid for longer than 3 (three) days.
4. The exercise of Endless Inclination right to suspend the services under this clause is without prejudice to any other remedy available to Endless Inclination under this Agreement and does not constitute a waiver of Endless Inclination right to subsequently terminate the Agreement.
5. Where Endless Inclination has suspended the services in terms of clause 15.1, 15.2, 15.3, 15.4 and 15.5, Endless Inclination may:

• • Refuse to reconnect the services unless precluded by any law or order of court; and
  • If it agrees to reconnect the services, require the customer to pay a reconnection fee in advance as a pre-condition to making the services available again. Reconnection of Services may be subject to a waiting period of up to 72 hours, at Endless Inclination discretion, regardless of when payment is received or cleared. In cases of suspension of Services due to non-payment, Endless Inclination reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
  • Suspension of service does not mean the billing for the service has stopped. The standard recurring monthly invoice will continue until the outstanding amount has been settled and a calendar month notice was given (Dependant on your active service)
  • Air Fibre reconnection minimum fee: R350.00

1. All Voice Pro submissions are to be completed in one sitting. If a script is changed it will require another sitting
2. All Voice Itemized billing is billed in areas and will be payable on the invoice due date.
3. All SIP/Landline numbers are requested to be paid in full before applications will be accepted.