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FTTH Upgrade Terms & Conditions

The following Terms & Conditions shall apply for an opportunity to upgrade from the 4Mbps to 20mbps FTTH.

This Offer is only valid to existing WIRUlink FTTH 4Mbps users.

Acceptance of this offer can only be made by the individual who entered into the existing agreement and you acknowledge being the original account holder, alternatively a duly authorised person may accept on behalf of the Customer.

An acceptance, when submitted by you, and presented to WIRUlink shall entitle you, subject to these Terms and Conditions, to be considered for an upgrade.

WIRUlink is under no obligation to accept your acceptance for upgrade, and it makes no representation that you will be upgraded. The acceptance hereof is at the sole discretion of WIRUlink.

You may revise or cancel your acceptance for as long as same has not already been accepted in writing by WIRUlink. Once accepted by WIRUlink, you are legally bound thereto and you shall not be entitled to withdraw from your upgrade acceptance. By accepting, you also accept the Terms & Conditions of the Fibre Service Agreement (posted below). WIRUlink shall provide you with written confirmation of the upgrade including but not limited to the monthly amount payable and the period of the agreement.

This confirmation is to be countersigned by you and send back to WIRUlink and will be added as an addendum to your existing Service Contract.

You will still be liable for payment of all fees due up to the date of upgrade.

The Terms & Conditions of the Service Agreement (as posted below) shall substitute any existing agreement and will be applicable as from the upgrade acceptance.

WIRUlink reserves the right to modify and otherwise change these Terms & Conditions at its own discretion. Except as provided for in the preceding sentence, no amendment, modification or waiver to these Terms & Conditions shall be binding on WIRUlink unless made in writing and signed by WIRUlink. By submitting an acceptance, you accept all of the Terms & Conditions hereof.

WIRUlink Service Agreement – Month-to-Month: Terms & Conditions

Commencement & Installation

  1. This Agreement, which includes all the Terms & Conditions contained herein and on the WIRUlink website, the Service Application, the Debit Order Instruction, the Rental Application (if applicable), WIRUlink’s Quotation(s) (if applicable), WIRUlink’s Warranty, WIRUlink’s Acceptable Use and Fair Usage Policy (available on WIRUlink’s website) as well as the standard terms and conditions of Vumatel (available on Vumatel’s website) (and hereinafter referred to as “the Service Contract’) comes into effect once the same has been signed by the Customer and the installation/activation go- ahead (which includes but is not limited to fibre coverage confirmation, receipt of all required documentation, written consent from the property owner (if rented) and affordability approval has been confirmed by WIRUlink. In terms hereof WIRUlink shall provide the Customer with the telecommunications equipment and/or fibre internet access, voice and data services as agreed upon in exchange for the agreed fees.
  2. Use of the Services might be subject to ID verification and / or proof of address, as required by RICA (the Regulation of Interception of Communication Act of 2002, as amended). A driver’s license is not acceptable, only a full coloured, clear, legible copy of their valid Identity Document or Identity card will be accepted. Non-South African citizens may submit a copy of their valid Passport.
  3. Installation/Activation date will be confirmed after all required documentation is received. Please note that installation is subject to fibre availability at the requested Installation Address. Billing shall only commence after successful installation/activation, and is payable monthly in arrears by way of compulsory debit order, calculated pro-rata from date of installation completion. AC power, power plug(s), sleeve (if applicable), conduits (if applicable) and ducts (if applicable) for cables to be supplied by the Customer, together with draw wires (if applicable). Additional trenching might be required and is to be done by the Customer, or at an additional cost by the fibre connecting contractors. Any additional work and/or equipment not quoted for and required to complete the installation, will be billed for and shall become due and payable by the Customer, in full, after installation/activation completion.
  4. By signing this agreement, you grant WIRUlink and/or its contractors permission to make appropriate alterations to the building, which may include, without limitation, the drilling of holes through walls for the fibre connection, installing a wall mount-device to use with the Fibre Optic Cable and/or other related requirements.

Pricing

  1. All pricing includes VAT at the prevailing rate unless otherwise specified. The service fees consist of fixed and/or variable costs that are billed monthly in arrears, payable by automatic compulsory debit order on either the 1st (first) or 2nd (second) business day of each month. Once-off amounts, equipment purchased, installation costs, additional work etcetera are billed as ad-hoc invoices and is payable by automatic compulsory debit order, on the ad-hoc automatic debit order payment date as per the date specified on these invoices. Prices, fees and costs may change by giving 1 (one) calendar months written notification to the Customer.

Upgrades & Termination

  1. The Customer may upgrade the services, or cancel this Service Contract by giving a minimum of 1 (one) calendar month’s written notice to WIRUlink, unless specified otherwise. The Customer will be liable for all fees up until the last day of the calendar month notice period. Upon final termination, WIRUlink shall remove all rented and/or unpaid equipment from the Customer’s premises at a date or time convenient to WIRUlink. Please note that, in respect of voice services and as per ICASA regulations, the Customer may not port their number to a third service provider network within the first 2 (two) months from the first number porting date, but it can be ported back to the original donor network within the first 2 (two) months.
  2. This agreement is based on a month to month period. WIRUlink shall, subject to the provisions hereof, cover the cost of the Fibre Activation and a Standard Wi-Fi Router (excluding Vumatel’s connection/installation fee for which the Customer is liable, and is payable to WIRUlink when ordering this service or on invoice) provided that the Customer use the WIRUlink Fibre Service for an uninterrupted period of at least 12 (twelve) months as from installation/activation. Should the Customer cancel this Service before the aforementioned period, the Customer hereby consent and acknowledge that he/she will be liable for payment of the R999.00 Connection Fee and the R350.00 Standard WI-FI Router, which amounts will be due and payable immediately prior to WIRUlink releasing the Customer of its obligations in terms of this Service Contract. In the event that the Customer requires or request an alternative Router, the Customer will be billed for the difference in price as set out above.
  3. The provisions set out in Paragraph 6 above shall mutatis mutandi apply in the event that WIRUlink elects to cancel the agreement as a result of any breach incurred by the Customer.
  4. WIRUlink shall not take responsibility or be liable in the event that the customer relocates to a new address and the new on-site coverage, signal strength or connectivity assessment fails. The customer will remain liable for fulfilment of its obligations as contained in this Service Contract. Should a successful installation be done at the new address, this Service Contract will continue to be in force and the services will relate to the new installation address.
  5. Where section 44 of the Electronic Communications and Transaction Act does not apply to this agreement, the Customer is entitled, by written notice to WIRUlink, or by another recorded manner and form, to cancel this agreement within 5 (five) business days after this agreement was concluded

Equipment Risk & Responsibility

  1. All equipment carries a 12 (twelve) month carry-in warranty from date of delivery, unless specified otherwise. The warranty excludes power and/or lightning surges and any non-manufacturer warranty covered causes. The Customer is bound by WIRUlink’s Warranty Terms and Conditions, as published on WIRUlink’s website and is also available on request. The risk in and to, as well as the responsibility for the equipment shall vest in the Customer from date of installation/delivery. WIRUlink will collect all rental or unpaid equipment upon termination of this Service Contract.
  2. Take note: WIRUlink requires that all rented or not fully paid for equipment be fully insured by the Customer and connected to power surge and lightning protection equipment provided by the Customer. WIRUlink will not be held accountable for any equipment and/or data damages or losses.
  3. If the equipment is damaged while at the Customer’s premises or in the Customer’s control, WIRUlink may replace the damaged equipment and same will be billed for. Defective equipment may be replaced by WIRUlink and be billed for if not covered by the manufacturer’s warranty.
  4. All equipment including the fibre cable, router, hardware, software, connectors and interfaces remains the property of WIRUlink and/or Vumatel until paid for in full. Services may be disconnected if accounts remain unpaid for more than 7 (seven) days from the due date.
  5. The Customer warrant and undertake not to allow any third party charges, liens, pledges or other encumbrances to be created over any equipment not fully paid for or belonging to WIRUlink.

Default & Breach

  1. Should the Customer’s debit order be returned as unpaid, WIRUlink will notify the Customer of same and the Customer will have 7 days to pay the account failing which the services may be disconnected. Where WIRUlink’s has suspended the services due to non-payment, a reconnection fee may be levied to reconnect the services. By signing this Service Contract, the Customer authorise and hereby gives WIRUlink full permission to enter the Customer’s premises and remove all unpaid equipment and materials, at any date or time convenient to WIRUlink, should the Customer be in breach of this Service Contract or upon final termination hereof. Collection of the unpaid equipment and materials is in addition to any other rights and remedies WIRUlink has in law, including termination of this Service Contract and the claim of damages. In addition to the right of termination as set out in WIRUlink’s Acceptable Use and Fair Usage Policy, WIRUlink may cancel this Service Contract by giving 1 (one) calendar month’s written notice to the Customer, subject to clause 7 above.

Signs, Logo & Number Porting

  1. WIRUlink may install its “connected by” name board on the Customer’s property or building.
  2. WIRUlink may display the Customer’s logo on marketing materials and the WIRUlink website.
  3. Approval of number porting applications, may take up to 15 (fifteen) business days from date of submitting a complete number porting application date, subject to approval the number donor service provider, and cannot be ported to a third provider within 2 (two) months thereafter.

Connectivity & Acceptable Use and Fair Usage Policy

  1. Take note: WIRUlink accepts no responsibility for connectivity, network and/or Customer downtime problems, or any losses or damaged associated thereto, or any “fibre connection quality” or “external factors” that could affect the quality of the connection after service installation/activation. All technical support problems must be reported to WIRUlink’s technical help desk via email to support@wiru.co.za, and may be escalated via a telephone call to 010 595 0000 (technical support).
  2. Use of any hardware and/or software to bypass the standard WIRUlink configuration and regulation is strictly forbidden. The Customer is bound by WIRUlink’s Acceptable Use and Fair Usage Policy, as published on WIRUlink’s website which forms part of this Service Contract and is available on request.
  3. The Customer shall ensure that their antivirus protection software is updated. WIRUlink will not be held accountable for any damages/losses in this regard.
  4. WIRUlink’s Fibre to the Home services are only for use in a single household by up to 5 (five) persons.

Waiver of Liability

  1. To the extent permitted by law, WIRUlink will not be liable in any way whatsoever, for any claims arising from loss, injury, damage or costs, suffered by the Customer (including but not limited to their person, employees, customers, property or business) in connection with this Service Contract, the equipment and/or services whether or not such claim arises during installation, while this Service Contract is in effect or after termination hereof.

Intellectual Property

  1. The Customer acknowledges that WIRUlink will retain ownership of all right, title and interest, including but not limited, to all intellectual property rights in and to the WIRUlink services and all software programs developed by WIRUlink and used in the delivery of the services. All intellectual property (including but not limited to copyright, patents, proprietary material, trademarks, logos, design, software programs, systems, know-how, trade secrets, new proprietary and secret concepts, methods, techniques, processes, adaptations, ideas, technical specifications and testing methods) owned by WIRUlink and all modifications thereto shall at all times remain the sole property of WIRUlink and the Customer shall not acquire any rights, title or interest of any kind in any of WIRUlink’s intellectual property, other than permitted in terms of this Service Contract.

Affordability & Personal Information

  1. The Customer hereby consents to and authorizes WIRUlink to process its personal information, which includes but is not limited to, the name, identity or registration number, banking details, of the Customer, for the purpose of performing the services in terms of this Service Contract. The Customer hereby consents to and authorizes WIRUlink to conduct an affordability assessment (if applicable) with the credit bureau/s on the Customer.
  2. WIRUlink reserves the right to pursue the Customer for any outstanding debt in terms of Section 129 of the National Credit Act 34 of 2005 (as amended). WIRUlink reserves the right to list the defaulting Customer as a defaulter with credit bureau/s in line with Regulation 19(4) of the National Credit Act 34 of 2005 (as amended).
  3. The Customer understands that the Customer’s personal information given to WIRUlink is to be used for the purposes of assessing affordability approval and to perform in terms of this Service Contract and the Customer consents thereto. The Customer confirms that the Customer’s personal information given to WIRUlink is accurate and complete. The Customer further agrees to update the information supplied as and when necessary to ensure the accuracy of the above information failing which WIRUlink will not be liable for inaccuracies.
  4. WIRUlink will take appropriate security measures to ensure the personal information is kept secure and protected against unauthorized use or unlawful processing. WIRUlink will not use or disclose the personal information to third parties without the Customer’s consent, unless the use or disclosure is required to carry out the performance of the Service Contract between WIRUlink and the Customer; to comply with applicable law, order of court or legal process; and/or disclosure is necessary to protect and defend the legitimate interests of WIRUlink.

General

  1. This Service Contract constitute the entire agreement between the parties.
  2. With the exception of the notice of amended prices, fees and costs, no amendment to this agreement shall be of force unless reduced to writing and signed by both parties.
  3. The Customer shall not cede their rights or assign their obligations under this Service Contract unless prior written notice is given to and accepted by WIRUlink. WIRUlink reserves the right to cede its rights in terms of this agreement, with or without notification and/or consent by the Customer.
  4. No extension of time, waiver, indulgence, or other arrangement granted or allowed by either party shall constitute a waiver or novation of that party’s rights.
  5. This Service Contract may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
  6. Should any provisions of this Service Contract be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining provisions of this Service Contract.
  7. It is not intended that any provision of this Service Contract contravenes any provision of the Consumer Protection Act 68 of 2008 (“CPA”) as amended or the Protection of Personal Information Act 4 of 2013 (“POPIA”) as amended. Therefore, all provisions of this Service Contract must be treated as being qualified, to the extent necessary, to ensure compliance with the provisions of the CPA and POPIA, if the CPA and/or POPIA are applicable.
  8. For the purpose of this Service Contract, including the giving of notices and the serving of legal process, the Customer chooses its domicilium citandi et executandi to be the physical/installation or email address set out in the Service Application hereto. A notice in terms of this Service Contract shall be presumed to have been duly given, if delivered, on the date of delivery, if sent by e-mail, on the day that the e-mail is transmitted.
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