|
Ms D. Pretorious -
M.Web Business 251 Oak Avenue. Randburg
2194
Registration No 1966/015134/07 . |
|
21 October 2011
Dear Mr. xxxxx
Your e-mail to Goolam Mahomed dated 18 October
2011 refers.
1) With regard to your claim to us for loss of
services due to the disconnection of your
account for non-payment. According to the MWEB
General Terms and Conditions which you signed
and agreed to, clause 8 reads
“Should you fail to pay any amount on the due
date for payment then MWEB may, without
prejudice to any of its other rights and
remedies:
8.5.1 take all such further steps as may be
necessary to recover the outstanding amount from
you, including without limitation the use of
debt collection mechanisms;
8.5.2 suspend your access to the service or the
use of any product without notice to you until
such time as the outstanding amount has been
paid in full; or
8.5.3 subject to clause 2, terminate this
agreement with immediate effect.
Based on this, MWEB Is in no way liable for any
loss of service you may have experienced due to
non payment. The onus to make prompt payment for
the services you use is your responsibility, and
any notification from MWEB on action to be taken
against you for non-payment is a courtesy
extended to you.
2) With regards to your claim for a refund for a
service, which you claim to have not been using
, but failed to cancel with us at any time
during the last “ ten years”, the same General
terms and conditions you agreed , states in
Clause 2 that :
2 Commencement, Duration, Termination and
Cooling-off
2.1 The Agreement will commence on the
Acceptance Date
and endure indefinitely until it is cancelled as
provided for in this clause 2,
or otherwise provided in this Agreement. In the
event that the product or service you have
applied for is not activated within 30 (thirty)
days of the Acceptance Date (or such extended
period as MWEB may advise) due to an
Uncontrollable Event, the Agreement will
automatically terminate and no party shall have
any liability to the other as a result of such
termination.
In addition I can find no record of any time in
the past when you have queried this charge or
brought to our attention the fact that you have
been charged for something you have not been
using. According to our records, the service was
also only activated on your account on the 17th
of March 2004, which according to our
calculations is a period of 7 years and 7 months
and not 10 years as you claim. However the
period is not relevant, as the service was not
cancelled.
Please note that your account has still not been
settled as per your agreement with Will Steffen
and we will be suspending your account again on
Tuesday 25th of October should not
have paid in full. I understand that you have
cancelled your account, please also note we will
not transfer your domain to you new ISP should
you have a balance outstanding with us.
Regards
D Pretorius
Operations Manager: MWEB Business
|