Suspension of the Services T&Cs
- 14.1 Vodacom shall be entitled, without prejudice to any right it may have in terms of this Agreement or at law, at any time and on such notice as may be reasonable in the circumstances to suspend provision of the Services or any part thereof in any of the following circumstances:
14.1.1 for so long as the Customer remains in breach of its obligations under this Agreement;
14.1.2 in the event that the quality of the Services, the System or the operation of the Network is adversely affected due to any act or omission on the part of the Customer; and/or
14.1.3 in the event that the Customer infringes the intellectual property rights of any third party in relation to the provision of the Services.
- 14.2 Vodacom shall be entitled, at any time and upon such notice to the Customer as may be reasonable in the circumstances, to suspend provision of the Services or any part thereof for the purposes of modifying, expanding, maintaining or repairing the System and/or the Network; and/or
- 14.3 All liability on the part of Vodacom for any loss or damage (whether direct or consequential) incurred or for any costs, claims, or demands of any nature arising out of the suspension of the Services as contemplated in clause 14.1 above, is excluded.
- 14.4 Should the provision of the Services be suspended by Vodacom for the purpose specified in clause 14.2 above for a period in excess of 48 (forty eight) consecutive hours, the Customer shall be entitled to a credit equal to a pro rata portion of the basic monthly subscription fee payable in respect of the disrupted Services as set out in the relevant Service Schedule.
- 14.5 Notwithstanding anything to the contrary contained herein, the Customer shall be obliged to continue to pay all charges and fees due under each Service Schedule during the period during which the Services is/are suspended and acknowledges and agrees that under no circumstances shall it be entitled to resile from this Agreement or, subject to clause 14.4 above, withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Vodacom, its servants, its agents or any other persons for whose acts and omissions Vodacom is vicariously liable in law (and in whose favour this provision constitutes a stipulatio alteri).