1. Definitions
- "Services" means any internet, hosting, voice, or related telecommunications service supplied by us.
- "Equipment" means any router, modem, ONT, or other physical device supplied by us.
- "Subscription Period" means the recurring billing period for the service.
- "Initial Term" means any minimum contract period agreed at signup.
- "Acceptable Use Policy" (AUP) means the rules governing use of our services.
2. Service Provision
2.1. We will provide the Services with reasonable skill and care, in accordance with industry standards.
2.2. We do not guarantee uninterrupted, error-free, or fault-free service.
2.3. Service speeds are advertised as "best effort" unless explicitly stated as guaranteed in a written SLA.
2.4. We reserve the right to perform routine maintenance, which may temporarily affect service availability.
2.5. Service activation is subject to feasibility, third-party network availability, and successful credit/fraud checks.
3. Billing & Payment
3.1. Billing cycle: Services are billed monthly in advance on a recurring basis.
3.2. Payment methods: We may insist that all payments be made via debit order. We also accept PayFast subscriptions.
3.3. Debit run: Debit orders are processed between the 1st and 5th of each month. We reserve the right to:
- Change the debit date within this window without notice
- Switch debit order service providers at any time without notice
- Re-attempt failed debits within 7 days
3.4. Cancellation of debit order: Any cancellation of your debit order authorization without our prior written consent constitutes a material breach.
3.5. Setup fees & pro-rata: Non-refundable setup fees, equipment purchases, and pro-rata amounts may be debited immediately upon service activation.
3.6. Failed payments: If payment fails or does not reflect by the 10th of the month, services will be automatically suspended and a reconnection fee will apply.
3.7. Default & interest: Failure to pay within 7 days of written demand constitutes default. Interest at prime rate plus 5% per annum may apply on overdue amounts.
3.8. No refunds: All payments are non-refundable except where required by South African consumer protection law.
3.9. Continued liability during suspension: You remain liable for all charges during any period of suspension.
4. Pricing Changes
4.1. We reserve the right to change pricing at any time with at least 30 days' written notice via email or notification on the customer portal.
4.2. If you do not accept the new pricing, you may cancel the affected service before the new pricing takes effect.
4.3. Continued use of the service after the effective date constitutes acceptance of the new pricing.
4.4. Promotional pricing is valid only for the period stated and reverts to standard pricing thereafter.
5. Acceptable Use
5.1. You agree NOT to use our services to:
- Transmit illegal content under South African law
- Send unsolicited bulk email (spam)
- Distribute malware, viruses, or harmful code
- Engage in network attacks (DoS, DDoS, port scanning)
- Infringe intellectual property rights
- Distribute child sexual abuse material
- Engage in fraud, phishing, or identity theft
- Resell services without our written consent
5.2. We reserve the right to investigate suspected violations and may suspend or terminate services without notice.
5.3. We will cooperate with law enforcement agencies where legally required.
6. Service Suspension & Termination by Us
6.1. We reserve the right to suspend or cancel any service at our sole discretion, including but not limited to:
- Non-payment by the 10th of the month
- Breach of these Terms or the Acceptable Use Policy
- Exceeding any credit limits set by us
- Fraud, chargebacks, or suspicious activity
- Abuse of our staff, systems, or network
- Third-party network or upstream provider issues
- Where continued provision would be commercially unviable
- Maintenance or remedial work
6.2. 5-day suspension notice: Where suspension is necessary, we will give you not less than 5 days' written notice, except in cases requiring immediate action.
6.3. Reconnection fee: Reactivation after suspension is subject to a reconnection fee per service.
6.4. Continued liability: You remain liable for all charges during the suspension period.
6.5. Termination for breach: We may terminate immediately upon failure to remedy a payment default within 7 days, or any other breach within 14 days.
6.6. Termination without cause: We reserve the right to terminate any service on 30 days' written notice.
7. Cancellation by You
7.1. Calendar month notice: You may cancel any service via the customer portal. Cancellation will take effect at the end of the FOLLOWING calendar month after notice is given.
7.2. Example: If you cancel on 10 May, your service will remain active until 30 June, and you will be billed for May and June.
7.3. Contract services: If your service has a minimum Initial Term and you cancel before the end of that term, you will be liable for the remaining months OR an early termination fee.
7.4. No refunds for partial months.
7.5. Equipment return: Any equipment supplied on loan must be returned within 14 days of cancellation, or you will be charged the replacement cost.
8. Service Upgrades & Downgrades
8.1. Upgrades are processed within 48 hours and are subject to a pro-rata charge for the difference between old and new pricing.
8.2. Downgrades take effect on the 1st day of the following calendar month and may be subject to a downgrade fee.
8.3. We reserve the right to refuse upgrades or downgrades where technically infeasible.
9. Equipment
9.1. Ownership: Equipment supplied by us remains our property unless explicitly sold outright.
9.2. Risk transfer: Risk in any equipment passes to you upon delivery.
9.3. Loss & damage: Damaged, lost, or stolen equipment will be charged to you at full replacement cost.
9.4. No tampering: You may not modify, tamper with, open, or attempt to repair any supplied equipment.
9.5. Reconfiguration: We reserve the right to reconfigure, upgrade, or replace equipment at our sole discretion.
9.6. Return on termination: Equipment must be returned within 14 days of termination.
10. Data Protection (POPIA Compliance)
10.1. We process your personal information in accordance with the Protection of Personal Information Act (Act 4 of 2013).
10.2. We collect personal information necessary to provide services, process billing, and meet legal obligations.
10.3. Sharing with third parties: You consent to us sharing your personal information with:
- Payment processors and banks for billing and debit order purposes
- Underlying network providers and infrastructure partners
- Debt collection agencies, credit bureaus, and attorneys in cases of non-payment, fraud, or breach
- Credit reference agencies for credit checks and listing of bad debts
- Law enforcement and regulatory authorities when legally required
- Our auditors, insurers, and professional advisors
10.4. Debt collection consent: You expressly consent to us disclosing your personal information, account details, and payment history to debt collection agencies, attorneys, and credit bureaus in the event of:
- Failure to pay any amount owing
- Default on any obligation under this Agreement
- Any action we deem necessary to recover outstanding debts
- Listing on any credit reference database as a slow or bad payer
You acknowledge that such listing may affect your credit profile.
11. Limitation of Liability & Indemnity
11.1. Liability cap: Our total liability is limited to the fixed monthly charges payable during the Initial Period or the preceding 3 months, whichever is greater.
11.2. Excluded liability: We exclude all liability for losses arising from your use of the services, except where caused by our gross negligence or fraudulent intent. We are NOT liable for:
- Loss of profits or business interruption
- Loss of data, files, or communications
- Indirect, consequential, or special damages
- Acts or omissions of third parties
- Force majeure events (load shedding, natural disasters, government action)
11.3. General indemnity: You indemnify us against any claims, losses, damages, and legal costs (on attorney-client scale) arising from your use of the services or any breach of this Agreement.
11.4. Unauthorized access: You remain liable for all charges incurred on your account, including those resulting from unauthorized access.
11.5. Spam indemnity: You specifically indemnify us against any losses arising from spam or unwanted commercial communications sent via our services.
12. Service Level
12.1. Unless a separate SLA is in place, services are provided on a "best effort" basis.
12.2. Where an SLA exists, the SLA terms prevail for matters of uptime and credit/refund.
13. Privacy & Monitoring
13.1. We may monitor network traffic for security, capacity planning, and abuse prevention.
13.2. We do not inspect the content of your communications except where legally required.
13.3. Logs are retained as required by RICA and other applicable laws.
14. Force Majeure
14.1. Neither party is liable for failure to perform due to events beyond reasonable control, including:
- Natural disasters
- War or civil unrest
- Government action or regulation
- Power outages or load shedding
- Failure of upstream networks or providers
- Cyber attacks
15. Changes to These Terms
15.1. We reserve the right to amend these Terms at any time. Updated terms will be published on the customer portal.
15.2. Material changes will be notified via email at least 14 days before they take effect.
15.3. Continued use of the services after the effective date constitutes acceptance of the updated terms.
16. Dispute Resolution
16.1. Any dispute will first be addressed through good-faith negotiation.
16.2. If unresolved, the dispute will be referred to arbitration under the Rules of the Arbitration Foundation of Southern Africa (AFSA).
16.3. Arbitration will be conducted in English in Johannesburg, South Africa.
17. Governing Law
17.1. This Agreement is governed by the laws of the Republic of South Africa.
17.2. The parties submit to the non-exclusive jurisdiction of the High Court of South Africa.
18. Severability & Entire Agreement
18.1. If any provision is found invalid or unenforceable, the remaining provisions will continue in full force.
18.2. This Agreement constitutes the entire agreement between the parties. No verbal undertakings are binding.
By signing up for, ordering, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
