INTRODUCTION

These terms and conditions regulate the fibre to the home service you wish us to provide to you. It should be read together with our Acceptable Use Policy and the order form.

1.1. The service is the provision of access to the internet at the maximum speeds set forth in the service order over an optical fibre network link leased by us from the fixed network operator set out in the service order. The service is provided with no fair use rules – meaning that we do not shape or throttle your services.

1.2. The service does not include the following:

1.2.1. SMTP relay

1.2.2. Internet security

1.3. Optional extra services include:

1.3.1. Voice over Internet services

1. SERVICE DESCRIPTION

This order defines the service offerings that will enable us to manage the quality and the levels of agreed service acceptable to you. Our objective is to maintain adequate capacity and resources to deliver the agreed performance targets for required volumes at agreed times. To achieve this aim, you must accurately cover any factors for which you are responsible and which may influence the provision of the support and maintenance services by us. This order aims to provide a mutual understanding of service level expectation and will form a benchmark for performance measurement.

2. RESALE OF SERVICE

Resale of the service is not permitted.

3. SPEED OF THE SERVICE

3.1. Your access to the Internet is provided at the speeds set out in your service order. The speeds are maximum speeds, are not guaranteed and will fluctuate from time to time.

3.2. Due to the nature of the Internet, we cannot guarantee the speed at which devices connected to the Internet will communicate with you.

3.3. What this means is that speeds below your contracted rates is not a breach of contract on our part. You should only log faults for poor internet speeds if the speed is consistently well below the contracted speed for a sustained period.

3.4. Web-based speed-tests are not reliable and will not be accepted by us as conclusive proof of poor performance. If a support call is logged with us, we will use industry accepted tests in a controlled test environment to verify the performance of your service.

Effective date and duration of the agreement

3.5. The effective date of this agreement is the date we accept the agreement together with the order form.

3.6. The duration of the agreement is 1 (one) month from the date of activation of the service and will thereafter continue on these terms and conditions on a monthly basis.

4. EQUIPMENT

4.1. Ownership of all the equipment that we supply vests in us, including routers, firewalls, switches and access points.

4.2. We will provide a router for your use of the services. The rental of the router is fully subsidized. If you prefer to select a router of your own choice, we will subsidize you with a once-off amount equal to the cost of router that we would have supplied.

4.3. If you cancel the services within the first 6 (six months) months or if we lawfully cancel your services because of your breach of the agreement, then:

4.3.1. For routers supplied by us, you must either:

a) Return the router and all cabling in good working condition; or

b) Pay us the full retail price of the router (or if the router is not sold anymore, the closest replacement model); or

c) Allow us to collect the router and pay an administration fee of R250.00 (two hundred and fifty rand) and a courier fee of R240 (two hundred and forty rand).

4.3.2. Where we provided you with a once-off subsidy for a router of your choice repay us the once-off subsidy amount.

4.4. You may not remove the fibre network operator’s (FNO) equipment when moving premises. You will be liable for the costs of replacing any of the network operator’s equipment if you have removed any equipment, including the costs of collecting and recovering such equipment.

4.5. The equipment will be provisioned with a standard configuration.

4.6. You must identify a suitable location for the equipment. The location must be dry, free from vibration and well ventilated. Power to the equipment must be supplied through a surge protector.

4.7. The risk of loss and damage transfers to you when we deliver the equipment to you. This means that in the event of damage to our equipment by any means, including fire, lightning strikes and power surges, you will be responsible for the replacement cost thereof.

4.8. If our equipment fails, we will replace the equipment. Where the equipment is replaced you must return the original equipment to us.

4.9. You accept liability for any costs incurred by us as a result of repair or replacement of equipment where the equipment failure was caused by your use, misuse or changes to the equipment, other than as agreed to in writing by us.

5. ACTIVATION AND INSTALLATION FEES

5.1. We will fully subsidize our activation charge. However, if you cancel this agreement within 6 (six months) we are entitled to recover from you the charges for activating and/or migrating the services. The charges vary from network operator to network operator.

5.2. On installation the once-off installation fee as well as a pro-rata portion of the monthly charges for services provided between the installation date and the last day of the month shall become immediately due and shall be payable together with the service fees for the following month. Each network operator defines its own standard installation. If a non-standard installation, re-installation or any move of equipment is required you will be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that is necessary to install the fibre circuit. Such costs shall either be charged by the relevant network operator directly to you, or through us, depending on the business model of the network operator.

5.3. Each FNO includes a certain length of fibre for installation purposes. Any additional length required for the installation will be charged to you.

6. FAIR USE POLICY

Although we will neither throttle nor shape your services, each network operator determines its own network policies that we have no control over.

7. SECURITY

7.1. You acknowledge that the logical and physical security measures in relation to the services are your sole responsibility.

7.2. Without limiting the generality of aforesaid, you are informed that voice and email services are known targets for malicious access and abuse. You must take all reasonable precautions to protect against unauthorised access of your voice service and email account.

7.3. You will not hold us liable for any of your losses arising out of security breaches of your services.

Support

Help desk. We will provide a help desk during business hours for service requests. You can contact our helpdesk on 0217700001 or at support@hitechfibre.co.za We work with a number of FNO’s. If there is an issue on your fibre circuit, we will log a fault with the relevant FNO. The turnaround time to resolve the issue is beyond our control, therefore we cannot be held liable for any delays in resolving downtime or degraded services. However, we will communicate turnaround times with you as soon as we know them. We will do our best to make sure the issue is resolved as soon as possible. Each FNO has different terms of use relating to end user damage and costs to repair. The terms are available on each of our FNO’s websites. By ordering our services you accept and agree to be bound by their terms. You will be informed of which FNO is providing your circuitry when you order from us.

7.4. Scheduled maintenance will be performed during a standard maintenance window during change control windows as determined by each FNO.

7.5. Emergency maintenance. We reserve the right to perform emergency maintenance without prior notice, but we will endeavour to provide such notice as is reasonably and practically possibly in the circumstances.

7.6. All Charges are excluding VAT unless expressly stated otherwise.

7.p 7. We will be entitled to increase the charges under the following circumstances:

7.7.1. Once per year, we may pass an annual increase that will be linked to the increased cost of providing the services in general;

7.7.2. We may also increase the charges commensurate with increases of charges by FNO’s for the rental of their fibre circuits as an when each FNO’s implements such price increase, including regrade fees charged by fibre network operators for upgrade and downgrades of their circuits.

7.7.3. When you move from where we are providing the service you are required to cancel the services with us and order a new service at the new address in which event we may charge you either installation and activation costs or only activation costs at the new location.

8. PAYMENT

8.1. You will complete the debit order mandate and shall ensure that payments drawn by us against your account by debit order are honoured.

8.2. If we expressly agree to payments by means of electronic funds transfer, then payments shall be made as follows:

8.3. We reserve the right to suspend your services without notice if payment is not received on the due date.

8.4 Refunds will be done once a week if any. this can take up to 28 days from day of receive

9. End User Agreement for PayFast Recurring Option

9.1.This End User Agreement (“Agreement”) is a legally binding agreement between you (the “User”) and the entity using the PayFast recurring payment service (“PayFast”). By using the PayFast recurring payment option, User agrees to be bound by the terms and conditions set forth in this Agreement.

10.2. Recurring Payments: User agrees to authorize PayFast to deduct the agreed upon amount from User’s account on a recurring basis, in accordance with the payment schedule agreed upon between User and PayFast. User understands that this authorization will remain in effect until either party terminates it.

10.3. Outstanding Amounts and Invoices: In the event that User has any outstanding amounts or invoices, PayFast reserves the right to deduct such amounts from User’s account..

10.4. Termination: Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party. Upon termination, PayFast will cease all recurring payments and User will remain responsible for any outstanding amounts or invoices.

10.5. Disclaimer: PayFast makes no representations or warranties, express or implied, with respect to the recurring payment service and shall not be liable for any costs or damages arising directly or indirectly from User’s use of the recurring payment option.

10.6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which PayFast is located, without giving effect to any principles of conflicts of law.

10.7.Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties with respect to the subject matter hereof.

10.8.By using the PayFast recurring payment option, User confirms that User has read and understood this Agreement and agrees to be bound by its terms and conditions.

10. UPGRADES, DOWNGRADES AND CANCELLATION OF THIS AGREEMENT

10.1. We will endeavour to process upgrades for services within 7 days. Once a service has been upgraded, the provision of clauses 7.2 shall apply, with the necessary amendments.

10.2. You may downgrade your services by giving us on clear calendar month (i.e a named month of the Gregorian calendar) written notice to that effect.

10.3. You may cancel this agreement by giving us 1 (one) calendar months written notice of your intention to cancel. (A calendar month is each of the twelve named periods into which a year is divided).

10.4. We may cancel this agreement by giving you 1 (one) calendar months’ written notice if for any reason we terminate our agreements with any FNO.

10.5. We may also terminate this agreement if you breach any term of this agreement and you fail to rectify your breach within 5 days of our notice of your breach (or such shorter time as is reasonable in the circumstances).

10. REGULATION OF INTERCEPTION OF COMMUNICATIONS AND PROVISION OF COMMUNICATION-RELATED INFORMATION ACT (RICA)

We must comply with our legal obligations in terms of RICA. To do so you must upload a copy of your ID and proof of address when you place an order with us.

11. BREACH

If you fail to comply with your obligations in terms of this agreement or a period in excess of five calendar days after receiving a written request from us for you to do so the failure will constitute a material breach of this agreement. In addition to any remedies in law we may have arising out of the breach, if you fail to comply with our obligations within the notice period of five calendar days, we will be excused from meeting the service levels for as long as you fail to comply with your obligations and we may also cancel this agreement.