Terms of Service
1. Detailed description of goods and/or services Optic Fibre Wireless (Pty) Ltd (herein referred to as “Fibrewireless”) is an Internet service provider that markets hosting, Internet access and telephony services.
2. Delivery policy Subject to availability and receipt of payment, requests will be confirmed within 2 working days and delivery confirmed telephonically or via e-mail.
3. Liability By agreeing to use our services you agree to our standard terms and conditions.
4. Return and Refunds policy The provision of goods and services by Fibrewireless is subject to availability. In cases of unavailability, Fibrewireless will refund the client in full within 30 days. Fibrewireless provides a full 30 day money back guarantee on all services. All goods such as hardware and software remains the property of Fibrewireless until paid in full.
“CPE” means Customer Premises Equipment, including the antennas and communication cards, all cabling, gateways and modems installed at a Subscriber’s Premises to send and / or receive a signal via a radio link and may include any other special equipment provided by the Service Provider to facilitate any future enhanced services to the Subscriber
5. Wireless Equipment Guarantee • Upon activation and installation of wireless equipment, we offer up to 12 months guarantee on all equipment with the exception of any physical negligence done to the equipment. • All changes / improvements / repairs to the equipment are for the client’s account unless the damage / fault is as a result of the company’s negligence. • The high site equipment is always the responsibility and property of the company and the client will never be held responsible for any changes / repairs needed on the high site. •It is standard policy for clients to be pre-advised of any potential costs in either the form of a formal quote, when the exact fault is known, or an estimate, when an onsite evaluation is required.
All risk of loss, theft, destruction or damage to the CPE as a result of the Subscriber’s negligence shall vest in the Subscriber.
If any CPE is lost, stolen or damaged, the Subscriber shall immediately notify the Service Provider in writing and shall at all times remain liable for all / any costs and charges pertaining thereto. The Service Provider shall as soon as reasonably possible replace the CPE. The cost of this replacement equipment shall be for the Subscriber’s account.
The Service Provider shall bear the risk of any operational failure in relation to the CPE and / or any damage or loss suffered thereto which is attributable to Force Majeure (“act of God”) and shall repair and / or replace such CPE at no charge to the Subscriber on condition that the above clause has not been breached in any way.
Where the Subscriber purchased equipment from the Service Provider, the Manufacturer’s warranty will apply to such equipment provided that it has not been misused, over-loaded, modified or repaired by an un authorised party. The Service Provider may require the subscriber to make available the equipment to the Service Provider or it’s nominee for inspection at a time and place to be arranged by the Service Provider.
The CPE shall remain the property of the Service Provider and will be collected upon cancellation of this Agreement. Operational equipment failure or any other eventuality as per above clause shall in no way be deemed to constitute a breach of or a termination of this Agreement which shall remain in full force and
The Subscriber hereby warrants and undertakes in favour of the Service Provider that: 1. it shall not use or allow the 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 Services; 2. it will only use the CPE provided by the Service Provider and in doing so shall comply with any applicable legislative and / or regulatory obligations which may, from time to time, be imposed in relation to the use of CPE’s and the provision of Services, in addition to any directives issued to this extent by the Service Provider itself; 3. it recognises that no right, title or interest in any software of any CPE, issued to the Subscriber, vests in the Subscriber; and 4. it shall not, nor permit any third party, to reverse engineer, decompile, modify or tamper with the software contained in or pertaining to any CPE.
The CPE may only be utilised for its intended purpose and in accordance with the Service Provider or the manufacturer’s instructions, as the case may be.
The Service Provider shall, for the duration of the Agreement and at its sole discretion, upgrade and / or replace CPE installed at the Subscriber premises from time to time with due notice.
The Service Provider reserves the right to remove the CPE when the contract is terminated and/or temporarily suspended.
7. Acceptable use policy Fibrewireless’s hosting and Internet access services are government by our Acceptable Use Policy (AUP). Our AUP policy states that none of services may be utilised in any way to generate SPAM (UCE – Unsolicited Commercial E-Mail). Use of your e-mail account to send unsolicited bulk (UBE) or commercial messages (UCE) is prohibited. This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. We currently do not allow P2P on our network. Fibrewireless's uncapped wireless & fibre accounts will never be capped. However, our uncapped service is not designed for people using computer programs running 24/7 continuously downloading. If you intentions are to download 24/7 then these accounts are not for you. We reserve the right to shape and throttle any account whose usage are affecting other users on our network’s internet experience negatively. Our main goal is to keep the majority of our clients happy so if certain individual’s abusive downloading are affecting other users on our network we reserve the right to shape, throttle or cancel their service. For more information on our Acceptable Use Policy please follow the link provided.
8. Wireless Services – Speeds available Please note that all Wireless services require a clear line of sight to our nearest tower in order to be effective. These services are provided on an “as is” and “up to” service level agreement. This means that although installations are done with high quality products and workmanship, the line speed achieved is not guaranteed. Variations may exist and if this is the case, we recommend downgrading to a slower package for stability.
Also note that all Wireless Uncapped services are shaped according to a burst algorythm.
9. Spamming Sites
Should any aspect of a client’s website cause spam and disrupt the service to any of our other clients, we will immediately suspend the hosting services of the website responsible for the spamming. This will be done after making contact with the client in writing to confirm this. Services will be reactivated upon confirmation from the client that the spamming software has been removed.
10. Client Access Disclaimer Fibrewireless reserves the right to charge a specialized IT Support fee, for any changes or system corrections needed on client installations and networks, in the event of a request for full systems access by the client.
11. Copyright Fibrewireless's servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Illegal Mp3’s” etc. We will be the sole arbiters as to what constitutes a violation of this provision with guidance taken from the Internet Service Provider’s Association, our governing body.
12. Payment options accepted Payment may be made via Debit Order (Bank Draft) unless otherwise specified all hosting and Internet access services are payable pro-rata in advance & following month.
13. Payment on additional invoices As per the terms on our service application forms, please note that you are in agreement to accept any additional relevant charges submitted against your account, not included in the monthly service invoices. This may include Support invoices, job card invoices, or invoices related to work done
14. Debit Orders Fibrewireless's debit orders are processed once a month, typically on the last working day of each month (please take note that we bill pro rata in advance)
For new client’s your initial debit order amount may include 1. pro rate for month of joining (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month, we recommend paying this amount via EFT to alleviate financial pressure) 2. 1st month billing (if your activation date falls after the 25th of the month it may not be included in the debit order batch for that particular month, we recommend paying this amount via EFT to alleviate financial pressure) 3. 2nd month billing – pre billed as per terms of service
For example: If you join on the 29 January 2019, your first debit order batch will be as follows: • Pro rata amount R 34.90 (29/01/2019 – 31/01/2019) • 1st month billing R 349.00 ( 01/02/2019 – 28/02/2019) • 2nd month billing R 349.00 ( 01/03/2019 – 31/03/2019)
Debit order will be deducted from your account on 27/02/2019 for the total amount of R 732.90 Should a customer’s monthly debit order return as rejected for any reason, a rejection fee of R100 will incur and this will immediately be billed as a separate invoice.
Upon signing up with Fibrewireless the client agrees to any additional relevant charges to their products that are not included in their monthly service invoice. This includes any upgrades & work done, invoices generated for Internet connection. As all invoices are automatically e-mailed immediately after they are generated, it is the client’s responsibility to contact Fibrewireless should they have any queries relating to an invoice upon receipt thereof.
15. Non Payment on Overdue Invoices All invoices – unless otherwise indicated are due COD, or by the first of each month as all monthly services are billed in advance for the upcoming month. Should an invoice become overdue, the necessary process is followed by our system with the details that are available on each client’s profile. Should we receive no response with regard to outstanding invoices, the account will be handed over to our listing agency – Accountability. The client will receive notice from this company of the outstanding fees and have 30 days to respond and make arrangements for payment to Fibrewireless. Should payment not be received after the 30 days, the account holder will be blacklisted for non-payment.
It is the responsibility of the client to ensure that Fibrewireless has their updated details, and this is available for each client to view in their client area. It is also the responsibility of the client to be in contact with Fibrewireless to arrange for payment before the account is handed over.
16. Termination of Service The General Terms of Service of this agreement commences on the ive Date and will continue indefinitely, subject to termination by either party on 1 (one) months prior, following our online cancellation procedure.
Cancellations are accepted by completing an online cancellation request in the customer client area. Cancellations are processed as follows: 1. Services which are currently offered on a month-to-month basis, are required to be cancelled by the client with a 1 (one) month notice period. Any cancellation received after the 5th of the new month will still be required to pay for said services until the end of this month as services are provided in advance, and as such all monies owed for services must also be paid in advance. Should a client cancel their debit order, or fail to pay via EFT for the service prior to the notice period being completed, will be liable for any additional costs which may be incurred, which may also include debt collection agency costs to recover said service fees. 2. Any services offered on a contract basis will be subject to the agreed terms of service and any contractual agreement which may have been in place at the time of agreeing to the fixed term contract. Therefore, any cancellation request/instruction received for said service is subject to the terms of the agreement, as well as the client being liable for any cancellation fees, administrative costs that could potentially incur due to the cancellation of the contracted service. 3. All cancellations must be either emailed to email@example.com or logged via the Client portal on our website. We are unable to accept cancellations from any other person other than the registered account holder. A cancellation cannot be actioned via a telephonic request, and must be submitted in writing. Should the client fail to submit a written instruction of cancellation, then the request will not be actioned as a cancellation. All cancellations are to be accompanied by the Identity Number of the account holder to validate proof of cancellation been received by the rightful account holder. 4. At the discretion of the Service Provider, Fibrewireless, a service may be cancelled without notice in the event of non-payment, breach of our terms of service, abuse of service, or any other factor which the Service Provider may deem necessary. 5. It is the responsibility of the client to ensure that they make themselves available for our technicians to remove hardware owned by Fibrewireless before the cancellation will be actioned. Should we attempt numerous times to schedule the collection and/or removal of the hardware [router, pole and dish] without any success due to a fault [or unwillingness of the client to allow us access to collect], then the service will not be cancelled, which could result in the client being handed over for debt collection to recover the losses incurred by Fibrewireless. Should the client wish to remove the hardware themselves and return it to our offices, they may do so before cancellation will be actioned. It is important to note that should the client opt to remove the hardware themself(ves), the hardware must not be broken and/or damaged in order for the client to not be liable to cover the cost of the hardware.
Fibre Clients General terms • The installation and activation fees are prescribed by the last-mile provider, not FibreWireless. • All packages are for residential signups only. Businesses, unfortunately, cannot sign up for these packages. • Although we endeavour to keep our coverage data as accurate as possible, we are reliant on the maps provided to us by our last-mile partners, which may sometimes have slight inaccuracies. Installation Fee • Installation Fee of R 1750.00 apply • Activation fees are also applicable on line migrations (when you move from one ISP to another). Delivery • A delivery fee of R249.00 will be charged for all router deliveries. • For new Fibre installations, router delivery will only be dispatched after the installation is complete. Shaping and prioritisation • Fibre packages are uncapped, unshaped and unthrottled - There are no usage thresholds so you can use as much data as you like, whenever you like. No throttling or shaping will be applied. Installation, cabling and lead times • The installation fee includes cabling up to 30 metres. If your installation requires additional cabling, a site survey will be done, after which you will receive a quote from the applicable last-mile provider. Should you choose to proceed, you will be liable for any additional costs incurred. The additional cabling is directly payable to the applicable last-mile provider. Installation lead times are a guide based on averages and will vary. Line activation and connection times need to be added for full turnaround estimation. Cancellations • Please Note: Should you cancel your account (or fall into a suspended state) within 12 months of activation, Fibrewireless will clawback any subsidised installation / connection fees, and you will need to return your free-to-use router, or you may choose to purchase it. See our FAQ’s for more details.
16. Client Contact Details It is the client’s responsibility to keep their contact details up to date. This is easily accessible via the Client Zone
17. Health and Safety Regulations In compliance with best practice, we do not allow engineers to complete any work during harsh winds or on wet surfaces especially roofs. All appointments scheduled on days when there are strong winds or rain, will be rescheduled to the next available date. This is due to safety regulations and the risk of injury.
88. Support Procedures Fibrewireless has standard procedures for obtaining technical support and escalations.
Clients are requested to log a ticket when experiencing difficulties. Methods for logging tickets are as follows: • Using our website, https://clientzone.fibrewireless.co.za • Sending an e-mail to firstname.lastname@example.org • Phoning our 24-hour help line, 021 012-5545
When requesting technical support you will be given a ticket number. All our technical support cases are attached to a ticket number which we use to trace the issue through our system. Without a ticket number, we cannot process any support request. Should you not receive a ticket number by default, please ensure that you ask for one. If you require to escalate a call, ensure that you quote your ticket number when proceeding with the escalation request.
Please do not contact our Support Engineers directly on their personal e-mail address or via any of the chat programmes such as GChat or WhatsApp, as your query will not be handled efficiently.
Our Support Department should not be contacted for any reason on their cell phone numbers when reporting a problem. Our system is set up to handle all technical support queries in an efficient manner and problems will only be addressed by following one of the three reporting methods above.
19. Our SLA and turnaround times The following response time periods are applicable with regards to our support structure: • Within 24hrs – emergency maintenance to Fibrewireless infrastructure such as high sites • Within 72hrs – snaglist resolution of jobs already started • Within 4 working days – maintenance and call out jobs • Within 4 working days – large site installations and network setups once quote accepted • Within 10 working days – client standard installations from forms received These times do not include weekends or public holidays.
20. Labour Rates Standard Labour – Installing radios, moving installations – R 550.00 P/hr IT Support Labour – IT Support calls and onsite support – R 650.00 INCL p/hr Specialised Labour – IT Support done by a senior engineer – R 1 000.00 p/hr *ABOVE RATES EXCLUDE TRAVEL FEES OF R5.00 P/KM ( Free 1km from Somerset West )
21. Installations – Use of own equipment or own installation done Fibrewireless does not bear responsibility for a lack in QoS (Quality of Service) of the package line stability and speed, when equipment is used for a wireless installation that is not purchased from Fibrewireless directly or if the recommended equipment is not used. Additionally, if the installation is done by anyone other than Fibrewireless-approved contractors or employees through the official Fibrewirelessbooking channels, Fibrewireless reserves the right to charge for any changes or system corrections needed on client installations and networks as well as equipment to be purchased.
22. Criminal Activity on Fibrewireless’s Network No form of criminal activity will be tolerated on Fibrewireless’s network. This includes hacking or phishing or trespassing on any person’s system and any other activity which is prohibited by the law. The normal turn of events is that the police will subpoena Fibrewireless for the information. Fibrewireless, however, reserves the right to disconnect a user’s system until such time as the investigation is completed.