Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services, products, websites, and platforms ("Services") provided by LNX Solutions (Pty) Ltd ("LNX Solutions", "we", "our", or "us"). By using our Services, you agree to these Terms. If you do not agree, you must stop using our Services immediately.
1. Eligibility
You may only use our Services if you:
- are at least 18 years old (or have parental/guardian consent if under 18),
- have the legal capacity to enter into binding agreements, and
- comply with these Terms and all applicable laws.
2. Use of Services
You agree to use our Services responsibly and lawfully. You must not:
- violate any applicable law;
- attempt to gain unauthorised access to our systems or disrupt them;
- transmit unlawful, harmful, or malicious content;
- resell, sub-license, or misrepresent the Services without our written consent.
We may suspend or terminate your access if you breach these Terms or misuse our Services.
3. Accounts and Security
You are responsible for safeguarding your login details and all activity under your account. Notify us immediately of any suspected unauthorised access. We are not liable for losses caused by compromised accounts due to your negligence.
4. Service Availability and Changes
We aim for reliable, continuous Services but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue Services (including pricing and features) at any time; where possible, we'll provide prior notice of material changes.
5. Fees, Payment, Cancellations, and Notice Period
Fees & Taxes. Fees are set out in your service agreement, proposal, or invoice. Unless stated otherwise, all fees exclude VAT and other applicable taxes.
Invoices & Late Payment. Payment is due as specified on the invoice. Late/non-payment may result in suspension or termination. Suspension does not waive amounts due.
Contract Value. All service contracts are binding for the full contract value unless otherwise agreed in writing. Early termination by you does not relieve you of paying the full contract value.
Full Calendar Month Notice. Where a Service expressly allows cancellation on notice (e.g., month-to-month Services or after the initial term), you must give at least one full calendar month's written notice.
- Notice received on or before the 1st day of a month takes effect on the last day of that same month.
- Notice received after the 1st day is deemed received on the 1st day of the following month, taking effect on the last day of that following month.
Third-Party Commitments & Build Costs. If a Service involves third-party costs (e.g., fibre tail, licensed spectrum, equipment financing, custom build/installation), early termination, relocation, or cancellation may carry pass-through charges or early termination fees. You are responsible for these amounts in addition to the contract value.
6. Equipment and CPE Ownership
Ownership. All customer premises equipment ("CPE") provided by LNX Solutions — including but not limited to routers, fibre ONTs, radios, antennas, or related hardware — remains the property of LNX Solutions at all times, unless explicitly sold to you in writing.
Use. You are granted the right to use the CPE for the duration of the Service. You may not sell, tamper with, or transfer the CPE.
Return. Upon termination or cancellation of the Service, you must return all CPE to LNX Solutions in good working order within 7 business days, unless otherwise agreed.
Loss or Damage. You are responsible for the cost of replacement or repair if the CPE is lost, stolen, or damaged beyond normal wear and tear while in your possession.
Non-Return. If CPE is not returned within the required timeframe, LNX Solutions may invoice you directly for the full replacement value of the equipment, payable on demand.
Access. You authorise LNX Solutions, with reasonable notice, to recover its CPE from your premises upon termination.
7. Data Protection and Privacy
We process personal information in accordance with our Privacy Policy and the Protection of Personal Information Act (POPIA).
8. Intellectual Property
All IP in our Services, websites, and materials remains with LNX Solutions or our licensors. You may not copy, modify, distribute, or reverse-engineer our Services without prior written permission. You retain ownership of data/content you submit, granting us a limited licence to process/store it as required to deliver Services.
9. Marketing, Logo Usage, and Case Studies
By engaging with our Services, you grant LNX Solutions the right to use your company name and logo on our website and marketing materials for reference purposes. You further grant us the right to showcase deployments as case studies or testimonials (general project details, outcomes, and non-sensitive technical information). You may opt out by written notice; we will remove references within a reasonable timeframe.
10. Limitation of Liability
To the maximum extent permitted by law:
- LNX Solutions will not be liable for indirect, incidental, special, or consequential damages, including lost profits, business interruption, or data loss.
- Our total liability for any claim will not exceed the fees you paid for the Services in the 3 months preceding the claim.
11. Indemnity
You indemnify LNX Solutions against claims, damages, liabilities, costs, and expenses arising from your use of the Services, your breach of these Terms, or violation of law.
12. Term and Termination
Initial Term. Each Service is provided for the initial term stated in the relevant service agreement or proposal. During this period, you are bound to the full contract value.
Silent Renewal. Unless otherwise agreed in writing, on expiry of the initial term the Service will automatically renew on a month-to-month basis.
Notice of Termination. Month-to-month Services (or Services beyond the initial term) may be cancelled by either party with at least one full calendar month's written notice as defined in Clause 5.
Termination for Cause. Either party may terminate if the other materially breaches these Terms and fails to remedy within 14 days of notice. We may suspend/terminate immediately for non-payment, unlawful use, or security risks.
Effect of Termination. Services cease on termination. Termination does not waive amounts due, including the full contract value, third-party charges, or obligations to return/settle for LNX-owned CPE.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa. Any disputes will be subject to the exclusive jurisdiction of South African courts.
14. Updates to Terms
We may update these Terms from time to time. Updates take effect when published on our website with the "Last Updated" date. Continued use of the Services constitutes acceptance.