Table of Contents

1. Definitions
2. Equipment and Services
3. Duration
4. Termination by Customer or Aura One
5. Payment of Charges
6. Price Adjustments
7. Equipment Ownership and Maintenance
8. Delivery and Risk
9. Customer Obligations
10. Availability of Services
11. Intellectual Property Rights
12. Limitation of Liability
13. Confidentiality
14. Force Majeure
15. Amendments
16. Breach and Termination
17. Jurisdiction and Governing Law
18. Suretyship
19. Fair Usage Policy
20. Payment Terms and Cancellations
21. Entire Agreement
22. Severability
23. Authority

1. Definitions

In this agreement, unless the context indicates otherwise, the following words and expressions shall have the meanings assigned to them:

• “Customer” means the person or entity appearing as such on the application form to which this agreement is attached.
• “Charges” means the subscription charges, purchase price, rental rates, renewal fees, reconnection fees, cancellation fees, transfer fees, or any other applicable fees as set out in the price list at the commencement date, or as amended from time to time by Aura One.
• “Commencement Date” means the date on which the customer received their first usage invoice.
• “Confidential Information” means any information of whatever nature obtained by the customer from Aura One, whether in writing, electronically, or verbally, including but not limited to scientific, business or financial data, software, processes, or customer lists.
• “Equipment” means the telecommunications, internet-based, or related hardware and software sold or leased to the customer as stipulated on the application form.
• “Intellectual Property Rights” means all present and future rights, including but not limited to copyright, trademarks, patents, internet protocol addresses, and direct inward dialling numbers related to the equipment or services.
• “Price List” means Aura One’s standard price list and rate sheet applicable to the equipment and services provided.
• “Services” means the provision of those services requested by the customer and appearing on the application form.
• “This Agreement” means these Terms and Conditions together with all annexures and schedules attached.

2. Equipment and Services

Aura One agrees to provide, and the customer accepts, the equipment and services on the terms and conditions contained herein.

3. Duration

After the initial period, this agreement shall continue indefinitely until terminated by either party with not less than 90 (ninety) days’ written notice before the end of any anniversary period.

4. Termination by Customer or Aura One

If the customer terminates this agreement before completion, or if it is terminated by Aura One due to breach by the customer, the customer shall remain liable for all outstanding charges for the remainder of the contract term. All calls within the contract period must be routed through Aura One’s network.

5. Payment of Charges

• The customer shall pay all charges as set out in Aura One’s price list by the 1st of every month.
• Invoices will be provided monthly in electronic format.
• Payments shall be made without deduction or set-off, via debit order or other approved methods.
• Interest at 2.5% per month shall accrue on overdue amounts.
• VAT shall be payable on all charges at the prevailing rate.
• Aura One reserves the right to recover all costs incurred in recovering outstanding amounts.

6. Price Adjustments

The charges set out in the price list are subject to increases in the cost of equipment or services, including currency fluctuations, and may be varied by Aura One upon 30 days’ notice to the customer.

7. Equipment Ownership and Maintenance

• The equipment remains the property of Aura One for the duration of the agreement and must be returned upon termination or insolvency.
• Only Aura One-approved technicians may service or maintain the equipment.
• The customer may not relocate or modify the equipment without written notice to Aura One.
• The customer is responsible for insuring the equipment against damage, theft, or loss.

8. Delivery and Risk

Delivery shall be deemed completed upon the customer’s signature on any delivery note. Risk in the equipment passes to the customer upon delivery, but ownership remains with Aura One until all amounts are paid in full.

9. Customer Obligations

• Maintain the equipment in good condition.
• Use the equipment only as intended and in compliance with manufacturer and regulatory guidelines.
• Not use the services in any unlawful, harassing, or fraudulent manner.
• Comply with all applicable laws and regulations, including those governing voice over IP services.

10. Availability of Services

Aura One will use reasonable efforts to maintain continuous service availability, but cannot guarantee uninterrupted service due to reliance on third-party infrastructure. The customer indemnifies Aura One against any losses resulting from downtime or outages.

11. Intellectual Property Rights

All intellectual property rights relating to the equipment or services remain the sole property of Aura One. The customer shall not copy, modify, or distribute any software, configurations, or documentation without prior written consent.

12. Limitation of Liability

Aura One shall not be liable for any indirect, consequential, or special damages arising from this agreement or any interruption of service, whether due to negligence or otherwise.

13. Confidentiality

The customer agrees to keep all information received from Aura One confidential and shall not disclose it to third parties without written consent.

14. Force Majeure

Aura One shall not be liable for failure to perform due to circumstances beyond its control, including acts of God, government action, strikes, or network failures.

15. Amendments

No variation of this agreement shall be valid unless in writing and signed by both parties. Aura One may update its price list with prior notice to the customer.

16. Breach and Termination

If the customer defaults on any obligation, Aura One may suspend services, repossess equipment, and recover legal costs on an attorney-and-client scale.

17. Jurisdiction and Governing Law

This agreement shall be governed by the laws of the Republic of South Africa. The customer consents to the jurisdiction of the Magistrate’s Court, notwithstanding that Aura One may elect to proceed in the High Court.

18. Suretyship

The signatory binds themselves as surety and co-principal debtor with the customer for all obligations owed to Aura One.

19. Fair Usage Policy

All uncapped services are subject to Aura One’s Fair Usage Policy applicable to the specific service plan.

20. Payment Terms and Cancellations

If the customer cancels prior to installation or activation, they shall be liable for 50% of the contracted service charges and any wasted costs incurred by Aura One or its agents.

21. Entire Agreement

This document represents the entire agreement between Aura One and the customer, superseding all prior discussions or agreements.

22. Severability

If any clause of this agreement is found to be invalid or unenforceable, the remainder shall remain valid and enforceable to the fullest extent permitted by law.

23. Authority

The signatory warrants that they are duly authorized to enter into this agreement on behalf of the customer and to fulfill all obligations herein.