Subscriber Standard Terms and Conditions

  1. Definitions
    • In this Agreement, unless inconsistent or otherwise indicated by the context, the following terms shall bear the following meanings:
    • “Agreement” The Form setting out the Subscriber’s details, together with all annexures attached thereto, the Subscriber Terms and Conditions and the Acceptable Usage Policy available at infraplex.net/aup;
    • “Charges” The connection charges, equipment lease charges, monthly service charges, usage charges and any other charges pertaining to the provision of the Services and any other services provided to the Subscriber in terms of the Agreement;
    • “Contract Term” a period, as indicated under the Package / Service Options: on the first page, commencing on the Effective Date of the Agreement, and continuing for the period as indicated thereafter;
    • “Effective Date” Notwithstanding the date of signature of the application form, shall be the date of activation of the Service;
    • “Installation” The installation of Terminal Equipment at the Subscriber’s premises subject to a site assessment and approval by the Service Provider;
    • “Internet” The interconnected system of Networks that connects computers around the world via the Transmission Control Protocol TCP/Internet Protocol (“IP”);
    • “Network” The data and voice network established and operated by Infraplex (Pty) Ltd from time to time;
    • “Network Services” (“NS”) or “Services”, “Internet” and “Voice Over Internet Protocol” (“Voice over IP”)” is the value-added IP Network and Services, made accessible to the Subscriber by the Service Provider in terms of this Agreement;
    • “Network Access Numbers” The telephone access numbers, IP addresses, unique user names or subscription numbers used to identify Subscribers having access to the Network;
    • “Order”, an order placed by a Subscriber, with the Service Provider for the provision of Services;
    • “Parties”, Service Provider, Network Operator and Subscriber and “Party” refers to either of them as so determined by the context;
    • “Service Provider”, Infraplex (Pty) Ltd, registration number 2014/090397/07;
    • “Subscriber”, the party referred to on the first page of this Agreement;
    • “Terminal Equipment”, The approved Service Provider or other approved and applicable user terminals, including any telephones, handsets or other equipment used by the Subscriber to send and/or receive any data or signal via the Network, and may include any other special equipment provided by the Service Provider or Network Operator in order to facilitate the Network Services and/or any future enhanced services to the Subscriber;
    • “VAS”, The Value-Added Services offered from time to time by the Network Operator and/or Service Provider;
    • “VAT” Value Added Tax as defined in the Value Added Tax Act 89 of 1991.
  2. Commencement and Termination
    • This Agreement shall commence on the Effective Date and shall, subject to the provisions of clause 7 and 9 below, continue for at least the Contract Term.
      • This Agreement shall continue on a month-to-month basis after expiration of the Contract Term, unless it is terminated by the Subscriber as follows: –
      • by the Subscriber, within a period of 5 (five) days from the Effective Date, should the Subscriber reasonably determine that the Service is unacceptable in terms of its speed and quality, verified by independent means including a speed test from broadband speed (www.speedtest.net) or the software-based Mean Opinion Score (MOS) test (3.25) for VoIP quality; and/or
      • by the Subscriber, by giving the Service Provider 30 (thirty) days written notice of termination after expiry;
    • Notwithstanding the use of agents or other intermediaries (Delegated Service Providers) appointed by the Service Provider, the order placed by the Subscriber (“the Order”) is an Order made by the Subscriber to the Service Provider and will be considered once received by the Service Provider. Service Provider’s acceptance of the Order shall be communicated by the activation of the Terminal Equipment, as contemplated in clause 2.1 and upon which activation the Agreement shall become binding between the Service Provider and the Subscriber whether or not the Subscriber was notified of the acceptance.
    • The Subscriber may not cancel or terminate the Agreement and demand reimbursement for Terminal Equipment or any damages of whatsoever nature because of the Subscriber’s relocation to an area outside of the Service Provider’s coverage.
  3. Supply and installation of Terminal Equipment and Network Services
    • The Order placed by the Subscriber with the Service Provider is subject to Service Provider’s approval in its sole discretion, as contemplated in clause 2.2. If the Service Provider does not approve the Order, it shall not be under any obligation to the Subscriber to give reasons for its decision
    • Should the Service Provider approve the Order by installing and/or activating the Terminal Equipment, the Service Provider shall use its best endeavours to promptly comply with any supply and/or delivery and/or installation requirements recorded in the Order but shall not be liable to the Subscriber in the event that such supply and/or delivery and/or installation is delayed or cancelled, for whatsoever reason. The Service Provider may at its sole discretion refer the Subscriber to a third party who may undertake the installation of the Terminal Equipment in its own name and behalf and not as an agent of the Service Provider. The Subscriber shall make the premises available to the Service Provider and/or its agent at all reasonable times for the purpose of assessing same and installing the Terminal Equipment.
    • The Subscriber shall be responsible for obtaining all necessary licenses and approvals imposed by any competent authority and required for the purpose of any such supply and/or delivery and/or installation required in order to provide the NS and/or Services, and the Subscriber hereby indemnifies the Service Provider against any claim or liability suffered by the Service Provider by reason of such licenses and/or approvals not having been obtained.
    • All risk associated with the Terminal Equipment supplied and delivered by the Service Provider to the Subscriber shall pass to the Subscriber on delivery.
    • If any Terminal Equipment is damaged, the Subscriber shall immediately notify the Service Provider of the circumstances in writing. The Subscriber will in any event remain liable to make payment to the Service Provider for all charges and costs set out in clause 4. Should the Subscriber demonstrate to the Service Provider’s sole satisfaction that the fault in the Terminal Equipment is attributable to the Service Provider, the Subscriber shall then be credited by the Service Provider, pro-rata, for the period in which the NS and/or Services could not be provided.
      • The Service Provider shall as soon as reasonably possible replace the Terminal Equipment.
      • The cost of this replacement equipment shall be for the Subscriber’s account, unless the Subscriber’s selected package includes replacement by the Service Provider, or the Subscriber’s direct or indirect negligence reasonably led to such loss or damage. In the case of Subscriber’s direct or indirect negligence, the Service Provider shall replace the equipment as soon as practical at Subscriber’s expense, and once payment of such costs has been made by the Subscriber.
      • Loss of the Terminal Equipment by theft is specifically excluded and costs of replacement shall be borne by the Subscriber.
      • The replacement of the Terminal Equipment and/or the allocation of a new access number for any reason, shall in no way be deemed to constitute a termination of the Agreement which shall continue to be of full force and effect, subject to clause 2.
    • The Subscriber hereby warrants and undertakes in favour of the Service Provider that the Subscriber:
      • shall not use nor allow the NS and/or Services to be used for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the NS and/or Services.
      • shall only use the Terminal Equipment provided by Service Provider (or other compatible equipment approved in writing by Service Provider) and shall comply with relevant legislation and regulations imposed by any competent authority and all directives issued by the Service Provider relating to the use of the Terminal Equipment and the provision of the NS and/or Services.
      • Shall have no right, title or interest in the Terminal Equipment issued to the Subscriber or the software contained therein and ownership thereof shall vest with the Service Provider and/or any third party appointed by the Service Provider, as set out in clause 3.2.In the event of this Agreement being cancelled or terminated for any reason, the Subscriber will make the Terminal Equipment immediately available for collection by the Service Provider or its agent and hereby waives any lien and/or right of retention that may exist over same.
      • Shall not, nor permit any third party, to reverse engineer, decompile, modify or tamper with the software contained in or pertaining to any Terminal Equipment.
    • Should the Subscriber exceed the monthly data allocations to the Subscriber’s account, when buying a fixed amount of data, the Subscriber shall be liable, on demand, to make payment of the data usage over and above that allocated to the Subscriber in terms of this Agreement. The Subscriber shall be entitled to purchase top up data, however, the Service Provider may at its sole discretion limit the Subscriber’s top up data and/or usage which is in excess of the fair usage policy determined by the Service Provider from time to time at its sole discretion.
    • Subscriber agrees not to resell, distribute, sublease or render any Internet, data, telephone or Internet Service Provider (“ISP”) services to any Third Party via the Service Provider’s Network or NS and/or Services, whether for profit or for any other purpose, without the prior written consent of the Network Operator and Service Provider. Any breach of this section is conclusive grounds for immediate termination and civil claims by the Network Operator and/or Service Provider.
  4. Charges
    • In consideration for the provision of the access to the internet, Network, Services, NS, Terminal Equipment and any other services supplied by the Service Provider to the Subscriber, the Subscriber shall affect payment to the Service Provider for the applicable charges, as detailed on the first page of this Agreement and whether or not the Network or Services have been, or are being utilized by the Subscriber.
    • The Service Provider may at its sole discretion, by written notice to the Subscriber, vary future monthly charges, either in whole or in part, with effect from the date specified in such notice.
    • Unless otherwise agreed to by the Service Provider in writing, the Subscriber shall affect payment to the Service Provider:
      • for the supply and delivery of Terminal Equipment and installation on presentation of an invoice and against such delivery
      • of monthly service charges monthly in advance and of all other charges, monthly in arrears, in either event in full, by the 7th (seventh) day of the month of invoice date, unless agreed otherwise in writing.
    • Notwithstanding the provisions of clause 4.3, the Service Provider may at any time, on reasonable written notice to the Subscriber, vary its invoicing and payment procedures and requirements. All payments due to the Service Provider shall be made by the Subscriber by direct debit as have been agreed to in writing during the application process.
    • The Service Provider shall send a monthly statement to the Subscriber at the e-mail address supplied by the Subscriber on the first page of this Agreement. It shall be the duty of the Subscriber to check the statement to ensure that the contents thereof are correct. Unless a query is raised in respect of the contents of the statement within 7 (seven) days from the date thereof, the contents of the statement shall be deemed to be correct.
    • Any migration from one package option to another shall, for the duration of this Agreement, be subject to the Service Provider’s approval in writing in its sole discretion and the Service Provider shall be entitled to levy fees for migrations, which shall be paid by the Subscriber on receipt of an invoice and payment prior to any migration.
    • The Service Provider reserves the right to charge a cancellation penalty.
    • The Service Provider reserves its right to cap off-net (internet) and on-net (Service Provider to Service Provider) traffic as per its capping limits applicable from time to time. In the event of the Subscriber’s account being capped, the Service Provider reserves the right to charge the Subscriber for every gigabyte (or part thereof) utilized over and above the cap limit, which amount shall be payable by the Subscriber on receipt of an invoice.
  5. Suspension
    • The Service Provider may at any time, without notice to the Subscriber and in any manner whatsoever, suspend the Subscriber’s access to the NS and/or Services, if:
      • Any modification, maintenance or remedial work is required to be undertaken, pertaining in any manner whatsoever, to the NS, Services or the Network. Service Provider will endeavour to inform the Subscriber timeously, in the event of planned maintenance.
      • the Subscriber fails to perform any of his or her obligations, or breaches any terms of this Agreement (in which event Service Provider may also suspend the Subscriber’s use of the Terminal Equipment).
    • Service Provider reserves the right to require the Subscriber to effect payment of any applicable reconnection charges pursuant to the restoration of the NS or Services suspended in the circumstances contemplated in clause 5.1.2. If the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the monthly service charges during any such period of suspension.
  6. Limitation of Liability
    • Without detracting from any of the other provisions of this Agreement, the Service Provider shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber and whether the same is direct or consequential, if:
      • the Service Provider fails for any reason whatsoever to supply and/or deliver and/or provide installation of any Terminal Equipment either on the required date or at all; and/or
      • the NS or Services are interrupted, suspended or terminated for any reason whatsoever; and/or
      • the Service Provider fails to suspend the provision of the NS or Services to the Subscriber in terms of an arrangement between Service Provider and the Subscriber or after the Subscriber has, in writing, specifically requested Service Provider to do so in order to limit the charges; and/or
      • such loss or damage was caused by any negligent act or omission on the part of the Service Provider, its employees or its agents.
  1. Breach
    • If the Subscriber commits a breach of any of the terms and conditions hereof, save for as set out in clause 7.2, and remains in default for a period of 7 (seven) days after delivery to the Subscriber of a written notice (“notice of breach”) from the Service Provider calling for such breach to be remedied, the Service Provider shall be entitled forthwith and without further notice to the Subscriber to terminate the Agreement, suspend the NS or Services and/or claim specific performance of all of the Subscriber’s obligations, including the immediate payment of all sums of money payable by the Subscriber, whether or not then due, in either event without prejudice to the Service Provider’s right to claim such damages as it may have  suffered by reason of such breach or failure.
    • Without prejudice to the provisions of clause 7.1 above, the Service Provider may forthwith terminate the Agreement, and suspend the NS or Services at any time without giving Subscriber notice of such termination if:
      • the Subscriber fails to make payment of any charges on or before the due date for payment thereof; and/or
      • the Subscriber, within a 12 (twelve) month period calculated from a notice of breach, receives a further 2 (two) notices of breach; or
      • if the Subscriber is sequestrated, liquidated or placed under judicial management or business rescue, irrespective of whether any of the aforesaid are provisional or final; or voluntary or compulsory.
    • Any Termination pursuant to the preceding provisions of this clause shall be without prejudice to any claim the Service Provider may have against the Subscriber in respect of any prior breach of the terms and conditions of this Agreement by the Subscriber.
    • Without derogating from any other rights or remedies available to the Service Provider in terms of this Agreement or at law, in the event of the Agreement being cancelled by the Subscriber (for whatsoever reason) prior to the expiry of the Contract Term or any subsequent Contract Term, or in the event of the Service Provider electing to terminate the Agreement pursuant to any breach by the Subscriber which entitles the Service Provider to cancel:
      • The Subscriber shall be liable to the Service Provider and hereby agrees to pay on demand, an amount equal to 1 (one) months charges;
  1. Insurance
    • The Service Provider may act as a collection agent for insurance brokers and/or underwriters in respect of the optional insurance of the Terminal Equipment and related risks as referred to on the first page of this Agreement. The Service Provider shall not be liable to the Subscriber under any policy issued or claim declined pursuant to the Subscriber’s election to take insurance as provided, the Service Provider acting in such capacity as representative of the insurance broker and/or underwriter.
    • Unless the Subscriber specifically elects to take insurance for theft of the Terminal Equipment and related risks or in accordance with the procedures introduced by Service Provider from time to time, the Subscriber shall not be covered in respect of the Terminal Equipment and related risks and shall be liable for any costs occasioned thereby, which shall be payable on receipt of an invoice.
    • If at any stage before or after the Subscriber elects to take insurance, the Subscriber requests from the Service Provider a summary of the terms and conditions of the applicable insurance policy, the Service Provider shall use its best endeavours to furnish same to the Subscriber as requested. It shall be the responsibility of the Subscriber to obtain and be familiar with the terms and conditions of the insurance policy applicable.
    • It shall be the responsibility of the Subscriber to ensure that the premiums in respect of the insurance policy are paid timeously and in full, and if for any reason the Service Provider omits to include insurance charges in a statement to the Subscriber, the Subscriber shall forthwith notify the Service Provider of such omission. The Service Provider may rectify the omission by invoicing the Subscriber’s with any amounts in arrears, subject to any terms and conditions, which may be applicable under the relevant policy.
    • Save as provided herein, any queries which the Subscriber may have regarding or arising from the insurance of the Terminal Equipment and related risks, shall be directed to the insurance administrators or brokers whose particulars may be obtained by the Subscriber from the Service Provider.
  2. General
    • In the event of the Subscriber failing to effect payment of any amount owing by it to the Service Provider on due date, then without derogating from the Service Provider’s rights in terms of clause 7, the Subscriber shall be liable to effect payment of interest to the Service Provider on the amount so owing at the prime interest rate as published from time to time, plus 2% (two percent), compounded monthly, from due date to date of payment in full.
    • Unless specifically stated otherwise, all prices and charges set out in this Agreement and any price list are Inclusive of Value-Added Tax and excludes any other applicable tax or duty, the liability of which shall vest with the Subscriber.
    • The rights and obligations of the Subscriber in terms of this Agreement may not be ceded or delegated to any third party. The rights and obligations of the Service Provider in terms of this Agreement may be ceded and delegated by it to any party on written notice to Subscriber.
    • The Service Provider may change the terms and conditions of this Agreement because of changes in taxes, laws, regulations, the terms and conditions of the licenses issued to the Network Operator, or any circumstances or events similar to the foregoing. The Service Provider shall notify the Subscriber of any changes as contemplated herein in writing.
    • A certificate under the hand of any Manager of the Service Provider certifying the sum of any amount owing by the Subscriber to the Service Provider shall be prima facie proof of its contents and sufficient proof for the purposes of enabling the Service Provider to obtain any judgment or order against the Subscriber.
    • In addition to these terms and conditions, the Subscriber shall be bound by the terms and conditions applicable to the VAS offered by the Network Operator or Service Provider. The Subscriber may be required to subscribe to any VAS that forms part of a mandatory subscription package, where applicable. The Subscriber has the right to request in writing to be exempted from such a subscription, which exemption shall be provided at the sole discretion of the Service Provider.
    • In the event of the Network Operator or Service Provider instituting legal proceedings against the Subscriber to recover amounts due to the Service Provider or take any other legal steps arising out of this Agreement, the Subscriber shall be liable for legal costs on the scale as between attorney and own client.
    • Should the Subscriber be placed under administration, sequestration or liquidation proceedings, or suffer any other legal disability which will negatively affect the Subscriber’s ability to make payment to the Service provider, the Subscriber is required to notify the Service Provider, in writing, within 7 (seven) days of occurrence of any of the above events.
  3. Consent/Authority
    • The Subscriber hereby consents/authorizes the Service Provider to disclose the Subscriber’s name, address and personal details to any party within Infraplex and or subcontractors whenever it is reasonably necessary for the Service Provider to properly perform its functions or protect its interests, or for the purpose of enabling the Network Operator and/or Service Provider to provide emergency Services to the Subscriber, or directory or repair services and information to Network users generally. In addition, the Subscriber consents to the Service Provider using any information supplied by the Subscriber for the purposes of informing Subscribers of the Service Provider’s services, which may interest the Subscriber from time to time.
    • Subscriber hereby consents/authorises the Service Provider at any time, without notice to the Subscriber, to obtain information about the Subscriber’s profile from any authorised and registered credit reference agency in the Republic of South Africa.
    • The Subscriber consents/authorizes the Service Provider to provide regular reports in respect of Subscriber’s payment conduct to any authorized and registered credit reference agency in the Republic of South Africa.
    • The Subscriber consents/authorizes receiving marketing, promotional updates and client satisfaction surveys from the Service Provider.
  4. Equipment and conditions applicable
    • The provision of Terminal Equipment by Service Provider to the Subscriber at a subsidized price as set out on the first page of this Agreement shall be subject to the following terms and conditions:
      • In the event of early termination of this Agreement for whatsoever reason, the Subscriber shall be obliged to effect payment to the Service Provider of the amount due by, or any amount that it is legally bound to pay to the Service Provider, in terms of this Agreement including but not limited to a cancellation fee equal to 1 (one) months’ charges and any applicable penalty/ies.
      • All risk in and to the Terminal Equipment supplied and delivered by Service Provider to the Subscriber shall pass to the Subscriber on delivery.
      • Service Provider’s obligations in terms of any warranties pertaining to the Terminal Equipment shall be limited to the warranty provided by the manufacturer of the terminal equipment. All delivery costs shall be for the Subscriber’s account, and shall be payable on demand.
    • Should the Subscriber, upon installation of the Terminal Equipment discover any fault or defect in the Terminal Equipment, the Subscriber shall within 3 (three) days of the installation return the Terminal Equipment to Service Provider in the same condition and packaging as the Terminal Equipment was purchased along with the proof of purchase. Service Provider shall replace the damaged or faulty Terminal Equipment. In the event of the Subscriber not returning the Terminal Equipment packaging to the Service Provider, the Service Provider may charge the Subscriber a packaging fee.
    • The Service Provider reserves its right to limit the number of Terminal Equipment that may be linked to a Subscriber account. The Subscriber may only log onto the Network once from each account and may not establish multiple logon sessions simultaneously from the same account. The Service Provider reserves its right to charge an additional subscription amount to allow multiple simultaneous logons to the Network from the same account.
    • If the Subscriber migrates from one package option to another, the Service Provider may vary the amount of a discretionary subsidy applied at the time of the sale of the Terminal Equipment to the Subscriber, if any. If the subsidy amount is reduced, Service Provider shall be entitled to require the Subscriber to pay to Service Provider the amount by which the subsidy has been reduced. It being understood that this charge does not constitute a migration fee, but enables Service Provider to adjust the subsidy amount to the amount that would have been applicable at the time of sale of the Terminal Equipment if the Subscriber had first chosen the package option to which the Subscriber is changing.
  5. Miscellaneous Matters
    • Postal address:
      • Any written notice in connection with this Agreement must be addressed for the Attention of the Service Provider and shall be delivered to PostNet Suite 114, Private Bag X10016, Edenvale, 1609.
        • In the case of the Subscriber, correspondence will be addressed to the postal address and fax number or email set out in the Subscriber details on the first page of this Agreement to which these standard terms and conditions apply, and marked for the attention of the Subscriber. The addresses chosen by the Subscriber shall be its/his/her chosen domicilium citandi et executandi of the Subscriber for purposes of this Agreement.
      • The notice shall be deemed to have been duly given 7 (seven) days after posting, if posted by registered.
      • On delivery, if delivered to the party’s physical address
      • On dispatch, if sent to the party’s fax number or e-mail address.
      • Either party may change its Postal, physical or e-mail addresses for this purpose by giving notice in writing to the other party, and which change shall take effect 7 (seven) days from receipt of such notice.
    • Entire contract: The Agreement contains all the express provisions agreed to by the Parties with regard to the subject matter of this Agreement and the Parties waive the right to rely on any alleged express provision not contained in this Agreement.
    • Representations: Neither party may rely on any representation, which allegedly induced that party to enter into this Agreement, unless the representation is recorded in the Agreement.
    • Variation, cancellation and waiver: No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any rights under this Agreement, shall be effective unless reduced to writing and signed by, or on behalf, of both the Parties
    • Indulgences: If either party at any time breaches any of that party’s obligations under this Agreement, the other party (“the aggrieved party”):
      • may at any time after that breach exercise any right that may become exercisable directly or indirectly as a result of the breach, unless the aggrieved party has expressly elected in writing of a clear and unambiguous conduct, amounting to more than mere delay, not to exercise the right (if the aggrieved party is willing to relinquish that right, the aggrieved party will on request do so in writing). In particular, acceptance of late performance shall for a reasonable period after performance be provisional only, and the aggrieved party may still exercise that right during that period.
      • Shall not be estopped (i.e. prevented) from exercising the aggrieved party’s rights arising out of the breach, despite the fact that the aggrieved party may have elected or agreed on one or more previous occasions not to exercise the rights arising out of any similar breach or breaches.
    • Applicable law: The Agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa.
  6. Blacklisting
    • The Service Provider may, without prejudice to any other rights which it may have under this Agreement or at law:
    • Notify credit bureaus of the Subscriber’s default; and
    • Blacklist the Terminal Equipment to prevent the further use thereof.
  7. Acknowledgements
    • The Subscriber acknowledges having read and accepted the terms and conditions of the Acceptable Use Policy on the Infraplex website (www.infraplex.net), as well as these Terms and Conditions.
  8. Termination without Cause
    • Without prejudice to any other rights at law or set out in this Agreement, the Service Provider may terminate this Agreement upon written notice to the Subscriber in the event that the Network Operator’s License is revoked, terminated or amended for any reason whatsoever. In such event, the Service Provider shall not be liable for any damages, whether special or general, suffered by the Subscriber.
  9. Confidentiality and Intellectual Property
    • All right, title, and interest in and to the Service, Content and Infraplex Technology, and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Infraplex in connection with the Service or that otherwise comprise or relate to the Service, and all related patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world, are and will remain the property of Infraplex.
  10. In connection with your access and use of the Service, you acknowledge and agree that the Service is and contains information proprietary to Infraplex (“Confidential Information”) and agree not to access or use any Confidential Information other than as necessary to exercise your rights or perform your obligations under and in accordance with this Agreement, or disclose any such Confidential Information except to your employees, consultants and advisors who are legally bound to maintain the confidentiality of the Service and such related information.
  11. Force Majeure
    • Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.