Polka Accelerator Terms and Conditions
1. Introduction
Polka offers you polka Accelerator, a new feature to the dial-up service that has the functionality to speed up the delivery of text and graphics using compression technology; improve your browser’s caching ability; and optimize the link between your modem and the polka server through a persistent connection.
Your use of the Service is governed by the terms and conditions set out herein, together with our General Terms and Conditions and other notices under “General” on our Legal Notices Webpage (collectively “the Terms”).
Before using the Service you must read and ensure your understanding and unconditional agreement to all of the Terms. Your use of the Service will indicate your acceptance without modification of the Terms, which will constitute a legal agreement between you and Polka (“we”, “us” or our”). If you do not agree to all of the Terms, you may not use the Service.
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
To the extent that there is any contradiction between the General Terms and Conditions and these terms the following order of precedence shall apply: (i) these terms; and (ii) the General Terms and Conditions.
The Service is subscription based and you are required to register for it.
2. Interpretation
In these Specific Terms:
2.1 “Effective Date” means the date of acceptance of the General and Specific Terms as particularized in clause 1 above by you, which is the date on which we will activate the Service and make the Service available to you;
2.2 “Polka Accelerator Subscription” means a paid for value added service that is capable, inter alia, of speeding up the delivery of text and graphics to you;
2.3 “Polka Accelerator Fee” means the amount due and payable by you for the Service provided hereunder as set out in our star price list from time to time;
2.4 “Service” means the offering of polka Accelerator Subscription to you;
2.5 “Subscription Fee” means the amount due and payable by you under the General Terms as set out in our star price list from time to time; and
2.6 “Website” means http://www.polka.co.za.
3. Requirements for use of the Service
3.1 You are required to be a polka dial-up subscriber and your Subscription Fees have to be paid up to date.
3.2 You are required to register on our Website.
3.3 You are required to download and install the application correctly.
4. Provision of Services
4.1 Subject to the provisions of clause 3.8 of the General Terms and Conditions the Service will commence on the Effective Date.
4.2 We will provide the Service to you for an indefinite period of time, on a month to month basis.
4.3 We do not warrant that the Service will be available and free of errors at all times, and make no representations in this regard.
5. Third party Products
We licensed the software which enables the Service from the proprietor of the software, and warrant that we are duly authorized to make this Service available to you.
6. Service Charges and payment
6.1 We will charge you the polka accelerator Fee on the Effective Date, and thereafter monthly in advance, on the first day of each calendar month.
6.2 No Service Charges will be pro rated.
6.3 Charges will be levied in addition to your existing Subscription Fee (i.e. by way of a direct debit order in our favour, as contemplated in the General Terms).
6.4 You will effect payment of all charges due to us as contemplated herein.
6.5 In the event of your termination of this Agreement, you will remain liable for payment of the polka accelerator Fee for the calendar month during which you terminated the agreement. Should you terminate the Agreement after the 25th day of a month, we will credit you with the polka accelerator Fee at the end of the next month.