Terms & Conditions

1. About these Terms

These Terms and Conditions ("Terms") form a binding agreement between you ("you", "the Customer", "Subscriber") and BMR ISP Monitor ("BMR", "we", "us", "our"), the provider of the BMR ISP Monitor network monitoring platform made available at www.bmr-ispmonitor.co.za (the "Service").

Registered provider details: [Registered entity name], registration number [CK / registration number], registered address [physical address]. Contact: support@bmr-ispmonitor.co.za.

By registering for an account, starting a free trial, or making any payment for the Service, you confirm that you have read, understood and accepted these Terms. If you are accepting these Terms on behalf of a company, close corporation, partnership or other legal entity, you warrant that you are authorised to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, you must not use the Service.

2. The Service

BMR ISP Monitor is a software-as-a-service platform for internet service providers and wireless internet service providers. It polls network devices you nominate and reports on their status. Depending on your plan and configuration, this may include:

• ICMP (ping), SNMP and RouterOS API monitoring of towers, gateways and client devices;
• latency, packet loss, voltage and interface/port speed metrics;
• alert notifications by WhatsApp and email;
• uptime, outage and SLA reporting, mapping and network topology views;
• VPN provisioning to reach devices on private networks.

We may add, change, or remove features of the Service from time to time in order to improve it. We will not materially reduce the core functionality of a plan you are paying for without notifying you in accordance with clause 20.

3. Accounts and eligibility

• You must provide accurate, current and complete information when registering, and keep it up to date — in particular your billing contact and payment details.
• You are responsible for all activity under your account and for keeping credentials confidential. Notify us immediately at support@bmr-ispmonitor.co.za if you suspect unauthorised access.
• You must be at least 18 years old and legally capable of contracting.
• You confirm that you are authorised to monitor the networks and devices you add to the Service, and that doing so does not breach any law or any agreement with a third party.
• Each plan includes a maximum number of monitored devices, user accounts and notification contacts. We may prevent you from exceeding those limits until you upgrade.

4. Free trial

New accounts receive a free 7-day trial. No payment card or payment method is required to start the trial, and no amount is charged during it.

• The trial is limited in capacity (currently 5 monitored towers, 5 client devices, 2 user accounts and 5 WhatsApp notification contacts) and is provided for evaluation purposes.
• The trial is intended for one trial per customer. We may decline or end trials where we reasonably believe this is being circumvented.
• At the end of the trial period, access to monitoring and alerting stops unless you subscribe to a paid plan. We do not automatically convert a trial into a paid subscription and we will never charge you without you first selecting a paid plan and authorising payment.
• The trial exists specifically so that you can satisfy yourself that the Service meets your needs before paying. This is directly relevant to clause 11 (Refund policy).

5. Subscriptions and fees

5.1 Monthly subscription model

The Service is sold as a prepaid monthly subscription. When you subscribe, you pay for a subscription period of 31 days, in advance. Your subscription then continues to renew for successive 31-day periods until you cancel it.

5.2 Plans and prices

Current plans and prices on this domain are:

• Professional — R949 per month
• Enterprise — R1,500 per month
• Platinum — R2,325 per month

Plan inclusions and limits are those shown on our pricing page at the time you subscribe.

5.3 Currency, taxes and invoices

• All fees on this domain are quoted and charged in South African Rand (ZAR) and are the total amount payable per subscription period.
• Where value-added tax or any other tax, levy or duty becomes applicable to the Service, it will be reflected on your invoice and added to or included in the amount charged, as required by law.
• A tax invoice is generated for each successful payment and is available for download from your account.
• You are responsible for any bank charges, card issuer fees, currency conversion costs or cross-border fees your own bank or card issuer applies.

5.4 Price changes

We may change subscription prices. We will give you at least 30 days' written notice (by email to your account's billing address and/or an in-platform notice) before a new price applies to your subscription. The new price takes effect from your next renewal after the notice period. If you do not accept a price increase, you may cancel before that renewal in terms of clause 10, and the increase will not be charged.

6. Automatic monthly debit — your authorisation

This is the clause that authorises recurring payments. Please read it carefully before subscribing.

6.1 Recurring payment mandate

By selecting a paid plan and completing checkout, you expressly authorise and instruct us, and our authorised third-party payment service provider, to automatically and recurrently charge (debit) the payment method you provide for:

• the subscription fee for your selected plan, on the day you subscribe; and
• the then-current subscription fee for the same plan, automatically on each renewal date (every 31 days), without further authorisation, signature or notice from you being required for each individual charge,

and to continue doing so until this authorisation is cancelled in accordance with clause 10. This authorisation constitutes your mandate for recurring debits and remains valid for as long as your subscription is active.

6.2 What you confirm when you authorise it

• You are the authorised holder of the payment method, or you are duly authorised by the holder to use it for this purpose.
• The payment method is valid and has sufficient available funds or credit for the recurring charge.
• You will keep your payment details current. If your card is replaced, reissued, expires, or your details otherwise change, you must update them in your account before your next renewal date.
• Where your card issuer or our payment service provider supports automatic account updater services, you consent to your updated card details being used to continue the recurring debit so that your service is not interrupted.

6.3 Timing of debits

• Renewal debits are attempted on your renewal date, which is 31 days after the start of your current subscription period. Your renewal date is shown in your account under Settings → Billing.
• Where a renewal date falls on a weekend, public holiday or a day on which the relevant payment system is unavailable, the debit may be processed on the nearest practicable day.
• Charges may appear on your statement under our trading name or that of our payment service provider.

6.4 Withdrawing the mandate

You may withdraw this recurring payment authorisation at any time by cancelling your subscription as described in clause 10. Withdrawing the mandate stops all future debits. It does not entitle you to a refund of amounts already charged (see clause 11), and it does not cancel your obligation to pay any amount that was already due and payable before the withdrawal.

7. Payment gateway and card security

• Payments are processed on our behalf by an authorised third-party payment service provider (payment gateway). We do not receive, process or store your full card number, CVV or banking credentials on our systems; these are collected and held by the payment service provider in its own secure, PCI-DSS compliant environment.
• Your use of the payment gateway may also be subject to that provider's own terms and privacy policy. By submitting payment details you accept that those terms apply to the processing of your payment.
• The payment service provider acts solely as a payment processor. It is not a party to the agreement between you and BMR, is not the supplier of the Service, and is not responsible or liable for the Service, its availability, its performance, or for any dispute between you and BMR about the Service.
• Any dispute about the Service, your plan, an invoice or a charge must be raised with BMR in terms of clause 12.
• We may change payment service providers, or use more than one, at our discretion. Where this requires you to re-authorise a recurring debit, we will tell you how to do so before your next renewal.
• Transactions are transmitted over encrypted connections (TLS). While we and our provider apply appropriate safeguards, no transmission over the internet can be guaranteed to be completely secure.

8. Failed payments, non-payment and suspension

• If a renewal debit is declined, reversed or otherwise unsuccessful, we and/or our payment service provider may re-attempt the charge a reasonable number of times over the days following the renewal date.
• We will notify you of the failed payment at the contact details on your account so that you can update your payment method or pay manually.
• If payment remains outstanding, your account may be suspended. While suspended, monitoring, alerting and reporting stop, and you will not receive outage notifications. We may send you reminders about the suspension.
• Suspension does not cancel your subscription or any amount already owing. To restore the Service you must settle the outstanding amount.
• If an account remains suspended and unpaid, we may terminate it and delete its data in accordance with clause 19. Download anything you need before that point.
• You are responsible for any penalty, reversal or administration fee charged to us by a bank or payment provider as a result of a failed, reversed or disputed payment on your account, and we may recover it from you.

9. Upgrades and downgrades

9.1 Upgrades

You may upgrade to a higher plan at any time. Where you upgrade part-way through a subscription period, the amount payable is pro-rated: you pay the difference between the two plans for the days remaining in your current period, and your existing renewal date is preserved. Your upgraded limits apply immediately on successful payment. Thereafter the full price of the new plan is debited on each renewal date.

9.2 Downgrades

You may request a downgrade to a lower plan at any time. A downgrade takes effect at the end of your current paid subscription period, not immediately. You keep the features and limits of your current plan for the remainder of the period you have paid for, and the lower price is debited from the next renewal. No refund or credit is issued for the difference in price for the current period. You may cancel a scheduled downgrade before it takes effect.

Before a downgrade takes effect you must bring your usage within the lower plan's limits (devices, users and notification contacts). If you do not, we may restrict access to the affected items until your usage complies.

10. Cancellation by you

• You may cancel your subscription at any time, with no cancellation penalty and no fixed-term commitment, from your account under Settings → Billing, or by emailing support@bmr-ispmonitor.co.za from your registered account address.
• Cancellation stops all future automatic debits and withdraws the recurring mandate in clause 6.
• Cancellation is not retroactive. Your access continues until the end of the subscription period you have already paid for, after which the account reverts to an unpaid state and monitoring and alerting stop.
• You will not receive a refund or pro-rata credit for the unused remainder of a paid period (see clause 11).
• To avoid being charged for a further period, cancel before your renewal date. A cancellation submitted on or after a renewal debit has been processed applies to the following period.

11. Refund policy

11.1 Fees are non-refundable

Subscription fees are non-refundable. Once a subscription period has been paid for, that payment is not refunded, in whole or in part, and is not pro-rated — including where you cancel early, downgrade, stop using the Service, do not use the Service during the period, or where your account is suspended or terminated for breach of these Terms.

This is because we provide a free 7-day trial, with no payment method required, expressly so that you can evaluate the Service in full — including alerting, monitoring and reporting against your own network — before you pay anything. You are encouraged to use the trial before subscribing.

11.2 Where we will refund or credit

Despite clause 11.1, we will investigate and, where the circumstances warrant it, refund or credit:

• duplicate charges — the same subscription period charged more than once;
• billing errors — an amount charged that does not correspond to the plan you selected, or a debit taken after a valid cancellation was processed;
• unauthorised charges that you report promptly and that we confirm were not authorised by you or your account's authorised users;
• any amount we are required to refund by law.

Report any such charge within 30 days of the date it appears on your statement by emailing support@bmr-ispmonitor.co.za with your account name, the invoice number and the amount. We aim to acknowledge refund requests within 3 business days and to resolve them within 14 business days.

11.3 How refunds are paid

Approved refunds are made in ZAR to the original payment method used for the charge, through the payment service provider that processed it. We cannot refund to a different card, account or person. The time for a refund to reflect depends on your bank or card issuer and is outside our control. Where a refund to the original method is not possible, we may issue an account credit of equal value instead.

11.4 Your statutory rights

Nothing in this clause limits or excludes any right you may have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or any other law, to the extent that such a right cannot lawfully be excluded or limited. Where a statutory cooling-off right applies to an electronic transaction, you acknowledge that by requesting immediate access to and beginning to use the Service, the performance of the Service commences with your consent, which may affect the availability of that right. Statutory rights of this kind generally apply to natural persons and small juristic persons, and may not apply to larger businesses.

12. Chargebacks and payment disputes

• If you believe a charge is incorrect, please contact us first at support@bmr-ispmonitor.co.za. Most issues are resolved quickly and directly.
• Lodging a chargeback or payment dispute with your bank or card issuer for a charge that was in fact authorised and correctly levied under these Terms (including a renewal you did not cancel in time) is a breach of these Terms.
• Where a chargeback is lodged, we may suspend the account until the dispute is resolved, and we may provide the payment service provider, the acquiring bank or the card scheme with records of your registration, authorisation, invoices, account activity and usage logs as evidence.
• If a chargeback is decided in our favour, or is found to relate to an authorised charge, you remain liable for the amount together with any chargeback or administration fee charged to us.
• We may require payment by a different method, or in advance, before restoring service to an account with a history of chargebacks or failed payments.

13. Service availability and monitoring limitations

Please read this clause carefully. It sets out what the Service does and does not promise.

• We work to keep the Service available and accurate, but it is provided on a reasonable-efforts basis and without any guaranteed uptime unless we have agreed a separate written service level agreement with you.
• We may carry out maintenance, updates and emergency work that temporarily interrupts the Service. We will try to schedule planned work outside peak hours and to give notice where practicable.
• The Service depends on third parties and systems outside our control, including WhatsApp and our messaging provider, email and SMTP delivery, hosting and data-centre providers, internet transit and peering, your own network, your VPN links, and the devices being monitored. We are not responsible for failures, delays, throttling, blocking or outages caused by them.
• Alerts may be delayed, duplicated, suppressed, misdelivered or not delivered at all. Monitoring and alerting are aids to network operations — they are not a guarantee that you will be informed of every event, and not a substitute for your own operational controls, redundancy, backups, on-site checks and escalation procedures.
• Reported status, metrics, voltage readings, latency, uptime percentages and reports are derived from polling devices over a network and from data those devices report. They may be incomplete or inaccurate, including where a device, link or gateway is itself faulty or misconfigured.
• You remain solely responsible for your own network, for your obligations to your own customers (including any SLA you offer them), and for decisions you take based on information from the Service.

14. Acceptable use

You must not, and must not permit anyone else to:

• use the Service to monitor, scan, probe or access any network, device or system you are not authorised to monitor;
• use the Service for anything unlawful, or in a way that infringes the rights of others;
• attempt to gain unauthorised access to the Service, other customers' data, or our infrastructure, or circumvent plan limits, authentication or tenant separation;
• interfere with or place an unreasonable load on the Service, or use it to send unsolicited bulk messages;
• resell, sublicense, white-label or otherwise make the Service available to third parties as your own, except as expressly agreed with us in writing;
• copy, reverse engineer, decompile or create derivative works from the Service, except to the extent the law permits this and cannot be excluded;
• share one account or its credentials across separate businesses in order to avoid subscribing separately.

We may investigate suspected breaches and may suspend access where we reasonably believe it is necessary to protect the Service, our other customers or any third party.

15. Your data and privacy

• Your data stays yours. You retain all rights in the network, device, client and configuration data you put into the Service. You grant us a limited licence to host, process, transmit and display it as necessary to provide the Service to you and to support you.
• We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Where you load personal information of your own customers or staff (for example names, addresses, contact numbers or site locations), you are the responsible party and we process it as an operator on your instruction. You must ensure you have a lawful basis for doing so.
• We collect and use account, billing, usage and technical data to operate, secure, support, bill and improve the Service, and to communicate with you about it.
• We use sub-processors and service providers (for example hosting, messaging, email delivery and payment processing) to deliver the Service, and we take reasonable steps to require appropriate safeguards from them. Some may process data outside South Africa.
• We apply appropriate technical and organisational security measures, including encryption of stored device credentials and encrypted transport. No system can be guaranteed to be completely secure.
• We do not sell your data, and we do not use your network data to identify or approach your customers.
• Retention: monitoring history and metrics are retained for a rolling operational period and are periodically pruned. On termination, we may delete your account data after a reasonable period, as described in clause 19.
• We may use aggregated, de-identified statistics that do not identify you or your customers to operate and improve the Service.
• To exercise a data-subject right, or to ask about how we handle personal information, email support@bmr-ispmonitor.co.za.

16. Intellectual property

The Service, including its software, source code, design, interfaces, documentation, trade marks, name and logo, is owned by BMR or its licensors and is protected by intellectual property law. Subject to these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your own internal business purposes for the duration of your subscription. No other rights are granted. Any feedback or suggestions you give us may be used by us without obligation to you.

17. Limitation of liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available", and we exclude all warranties, representations and conditions not expressly set out in these Terms, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or uninterrupted operation.
• We are not liable for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, business, goodwill, customers, contracts, anticipated savings or data, however arising, even if we were advised of the possibility.
• In particular, and without limiting the above, we are not liable for any loss arising from a missed, delayed, undelivered or inaccurate alert or report, from network downtime you did not learn of through the Service, from penalties or credits you owe your own customers, or from decisions you took based on the Service.
• Our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service, whether in contract, delict or otherwise, is limited to the total subscription fees you actually paid to us in the three (3) months immediately preceding the event giving rise to the claim.
• Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, for gross negligence, or any liability under the Consumer Protection Act 68 of 2008 to the extent it cannot be excluded.

18. Indemnity

You indemnify us and hold us harmless against any claim, demand, loss, liability, fine, penalty or cost (including reasonable legal costs) arising from or connected to: your use of the Service; data or personal information you load into the Service; your monitoring of any network or device without authorisation; your breach of these Terms or of any law; claims by your own customers or staff relating to your network, your services or your SLA commitments; and any chargeback or payment dispute found to relate to an authorised charge.

19. Suspension and termination by us

• We may suspend your access where payment is outstanding (clause 8), where a chargeback is lodged (clause 12), where we reasonably suspect a breach of clause 14, or where suspension is necessary to protect the security or integrity of the Service.
• We may terminate this agreement and your account on reasonable written notice, or immediately for a material breach that you fail to remedy within 7 days of being asked to.
• Where we terminate without cause, we will refund the pro-rata portion of any period you have already paid for that you are unable to use. No refund is due where termination follows your breach of these Terms.
• On termination your right to use the Service ends immediately. Accrued amounts owing remain payable. We may delete your account data after a reasonable retention period, so please export anything you need in advance. You may request a copy of your data before deletion.
• Clauses dealing with fees already due, refunds, disputes, liability, indemnity, intellectual property and governing law survive termination.

20. Changes to these Terms

We may update these Terms to reflect changes to the Service, to our payment arrangements, or to legal or regulatory requirements. The current version is always published on this page with its effective date. For material changes — in particular changes to fees, to the recurring debit arrangement, or to the refund policy — we will give you at least 30 days' notice by email to your billing contact and/or by notice in the platform. Your continued use of the Service after a change takes effect means you accept the updated Terms. If you do not accept them, you may cancel under clause 10 before they take effect.

21. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. You and we agree to try in good faith to resolve any dispute informally first, by contacting support@bmr-ispmonitor.co.za. If that does not succeed within 30 days, the dispute is subject to the jurisdiction of the South African courts, and you consent to the jurisdiction of the Magistrates' Court having jurisdiction over you, notwithstanding that the amount in dispute may exceed that court's normal limits. Nothing prevents either party from seeking urgent interim relief.

If any provision of these Terms is found to be unenforceable, it is severed and the remaining provisions continue in force. Our failure to enforce a right is not a waiver of it. These Terms, together with the pricing page and any written agreement signed between us, are the whole agreement between us about the Service.

22. How to contact us

For any question about these Terms, your subscription, a charge, a cancellation or a refund:

• Email: support@bmr-ispmonitor.co.za
• Billing and plan management: in your account, under Settings → Billing
• Postal / registered address: [physical address]

These Terms are provided in English. BMR ISP Monitor — Terms & Conditions, version 1.0, effective 5 October 2026.