DNATEL at any time reserves the right to make general credit reference inquiries about the Customer and to check the correctness of the information that has been supplied. DNATEL shall be entitled to provide any information relating to the Customer’s account to any registered credit bureau.
The Customer warrants and represents that all information supplied by it is true, correct and complete and indemnifies and holds DNATEL harmless against all claims, of whatsoever nature, that arise, directly or indirectly, as a result of any incorrect information being supplied.
DNATEL will use the Customer’s information strictly in accordance with the Regulations promulgated in terms of Section 69 of the Act and undertakes to use the Customer personal data only for the purpose for which it has been collected and undertakes that this processing will be carried out in accordance with any notice, consent or other requirement which may be required by any applicable law in force in South Africa from time to time. DNATEL furthermore will use the Customer’s information strictly in accordance with the provisions housed under its DNATEL’s ECNS and ECS license.
The Customer accepts that RICA applies to the Fibre Line and the CPE which the Customer has requested DNATEL to provide under this Agreement, and agrees that it must, where applicable, comply with the requirements of RICA, including, without generalising:
To provide DNATEL with all required Personal Data and other details which DNATEL is required to obtain from the Customer, in terms of section 39 of RICA.
Not to transfer the Fibre Line or CPE to another person, other than a family member or dependant without providing DNATEL with the Personal Data and other details of the person who is taking over the Fibre Line and/or the CPE.
The Customer acknowledges and accepts that where it does not comply with these provisions that this will amount to a material breach by the Customer of this agreement which will allow DNATEL to cancel the agreement and to claim damages as a result of the cancellation.
The Customer also acknowledges and accepts that where it does not comply with the provisions set out under clause 3.4, that this will be a breach of RICA and this will give rise to a possible criminal charge and sanction being imposed against the Customer as per the requirements of RICA.