Please Note: Our terms and conditions have been updated, effective as of 1 May 2017.  Should you be a pre-existing customer, please review the updated terms and conditions as they will become binding on you from 15 June 2017.  Should you have any objection to the new terms applying to you, please e-mail : legal@cipherwave.co.za, and we will note that the terms currently binding on you will remain so.

 

Please read these terms carefully.

The Services are provided by CipherWave Home Connect (Pty) Ltd, a private company with limited liability having its primary place of business at CSSI House, 28 Augrabies Road, Waterfall Office Park, Midrand (“Home Connect”).

Our Services are diverse and dynamic.  Occasionally our terms or product specifications may change.  Home Connect endeavours to notify you of any material changes, and its latest terms will always be available at http://www.home-connect.co.za/master-service-agreement/ together with the effective date of those terms.  We oblige you to check our site regularly.  Any use by you of our Services after the effective date of our latest terms, will be deemed to constitute acceptance by you of such terms.

Each Service Order accepted in accordance with this Agreement forms an individual agreement that incorporates these General and Service Terms and establishes the terms and conditions under which we will provide those Services to you.

 

  1. Definitions and Interpretation

In the Agreement the following words and phrases will have the corresponding meaning, unless the context otherwise requires:

  • Agreement: as between you and Home Connect, these General & Service Terms read together with any terms as stated in the Application and any Service Order.
  • Authority and Mandate: the authorisation you give to Home Connect to debit your account monthly, on the selected date, which does not constitute the granting of credit or amount to a credit agreement;
  • Application: the online application form accessed on the Home Connect Portal where you fill-in the required information to order your Product; which when accepted by Home Connect becomes a binding Service Order.
  • Billing Start Date: The Billing Start Date for a Service will be from when the fibre provider hands over fibre services and your Service Equipment has been dispatched or delivered to you.
  • Business Day: every day excluding Saturdays, Sundays and public holidays in RSA.
  • Charges: the following charges and any other charges or fees payable by you to Home Connect in respect of a Service, as set out or referred to in a Service Order and revised from time to time.
    • Call Charges: the charges for packet switched telecommunications services;
    • Once-Off Charges include but are not limited to installation, connection and/or start-up charges and are non-recurring charges for the setup of a Service (including installation of any Service Equipment);
    • Monthly Fee: monthly recurring charges for a Service.
  • Contended: multiple users sharing the same network capacity. Contention ratios are based on the individual design of the fibre access network over which the Home Connect service is delivered.
  • Customer Data: technical data (for example the date, time and duration of voice or data transmissions) that is necessary for the establishment, billing or maintenance of the transmission.

Regulated Customer Data is that Customer Data of which the use, processing or transfer is regulated by law or regulation as personal data.

  • Customer Site or Site: a physical location at which a Service is provided.
  • Domicile: the physical address you provide in terms of a proof of address, alternatively per your application form or Authority and Mandate, where you will receive any legal notice.
  • Effective Date: in relation to a Service, the date upon which Home Connect accepts your correctly completed Application, together with any required documentation, which upon acceptance becomes a Service Order and you receive an e-mail to this effect.
  • Emergency Works: works that are necessary at the time to put an end to, or prevent, the arising of imminent or existing circumstances likely to cause: (i) danger to persons or property; (ii) the interruption of any service provided by the Network or the network generated by a third party; (iii) substantial loss to Home Connect or any third party; and such other works in those circumstances necessary to execute Emergency Works.
  • Force Majeure Event: any cause beyond a Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, power outages, strike, industrial disputes, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, and acts or omissions of other providers of telecommunications services.
  • Home Connect Portal: at portal.home-connect.co.za, where you check the availability of the Provider service in your particular location before ordering any Product. Home Connect can make no warranty as to the accuracy of this resource provided by the Provider.
  • Network: the points of presence, network hubs and host computers owned, operated or used by Home Connect in connection with the provision of a Service.
  • Party: Home Connect or you (per the context), and Parties means both you and Home Connect.
  • Product: any product offered by Home Connect for Services, whether standalone or bundled with a value add-on product;
  • Provider: Home Connect’s partner last-mile fibre provider either operating in your area or who you select in your Application. All hardware provided by any Provider will remain the property of the Provider into perpetuity.
  • Service: the specific service(s) provided by Home Connect to you and as may be further described in the relevant Service Order.
  • Service Order: an Application and your order for a specific Service to be provided to you by Home Connect, as read with clause 1.11.
  • Service Equipment: the hardware, software, systems, cabling and facilities provided by Home Connect at your Site in order to make the Service available to you. Home Connect remains the owner of Service Equipment.  Service Equipment does not include the Network or any hardware or software that is the subject of a separate supply contract between you and the Provider.
  • Uncapped meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology-guidelines/.
  • Unshaped: Home Connect does not prioritise or differentiate between different classes of traffic or protocols.
  • you / your refers to you, our valued customer, whose details are as supplied to us in your Service Order.
  • Interpretation: Unless the context otherwise requires, a reference to:
    • Singular may refer to plural, and vice versa, as the case may be;
    • A person includes a reference to a natural or juristic person, as the case may be, including a reference to that person’s legal representatives, successors and permitted assigns;
  • A document is a reference to that document as supplemented or varied from time to time.
  • To the extent that goods or services provided in terms of the Agreement are governed by the Consumer Protection Act, then the provision of same is qualified to comply therewith.
  1. Service Activation
    • Once you have submitted your Service Order to Home Connect, Home Connect may carry out any appropriate credit checks on you, to which you hereby consent. Once Home Connect is satisfied with your credit record and accepts your Service Order, it becomes binding on you.
    • Any fibre line order by completing our application form and then cancelled after acceptance by Home Connect will be invoiced to you.
  1. Registering on the Home Connect Portal
    • Go to the Home Connect Portal and register by entering your personal details, then search for coverage in your area. Should fibre coverage be available, you may then complete an Application for Service by entering your details and selecting the Provider and your selected Product.  You will be advised after our receipt of an Application if Service/s can be provided;
    • The Home Connect Portal will generate a Service Order clearly defining all once-off fees and recurring monthly charges, as applicable.
    • When you complete the Authority and Mandate, you accept the terms of the Service Order.
    • By law, you are required to upload your proof of residence as well as a copy of your ID.
    • The Application will go to Home Connect’s service team, who will review your completed Application. Once accepted by Home Connect, the Agreement is complete and you will thereafter receive an e-mail containing your copy of the Service Order and Authority and Mandate.
    • Home Connect’s service team will inform you of the progress of your Service Order.
  1. FTTH Bundled Products
    • Activate Package:
      • You pay the cost of the fibre installation directly to the Provider, pro-rata of your first month plus one full month’s
      • Home Connect will cover any activation fee(s) and will provide you with a wireless router which wireless router remains the property of Home Connect into perpetuity.
      • You may terminate the Service Order at any time by giving Home Connect 1 month’s calendar notice via e-mail to cancellations@home-connect.co.za.
      • If the Service is cancelled within the 1st month of activation then you will be liable for any activation fee(s) and will be invoiced for same, due as stated on the invoice.
      • This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
      • Upon termination, you are required to return the wireless router to Home Connect, failing which, Home Connect will invoice you for its value at the time the termination becomes effective, due as stated on the invoice.
    • Connect Package:
      • This includes the cost of fibre installation, any activation fee(s) and a dual band wireless router (which wireless router remains the property of Home Connect into perpetuity) when you sign for a period of 12 months.
      • You will order from and pay to the Provider the cost of your fibre installation and thereafter present Home Connect with the original fibre installation invoice. On receipt thereof, Home Connect will credit your account to the value of the invoice to a maximum value of R1710.
      • Based on receiving a copy of the Provider’s invoice before your initial debit order date then your account will be in credit and monthly charges will begin debiting via your Authority and Mandate only after this credit has been used and your account is in debit.
      • Should you terminate prior to the expiration of 12 months, you will be liable to pay Home Connect a settlement amount. This amount depends on the Provider (fibre installation, any activation fee(s)) and the wireless router supplied to you on the Effective Date.  Home Connect will notify you of the settlement amount at the time you wish to terminate.
    • TalkTalk Unlimited Value Add-On
      • To any of Home Connect’s packages, you may add the Talk All You Can Eat offering which gives you unlimited calls to any South African destination for a set monthly subscription.
      • You may purchase additional TalkTime for international calls.
      • Each TalkTalk Unlimited package will include a single telephone line.
      • This service is strictly available to home users only (accordingly, businesses of whatever size are precluded from using this service).
      • This is only be available to you via the Home Connect Fibre Network.
  1. Service Terms
    • Unless specified, Home Connect will provide you with uncontended, uncapped, unshaped access to the Network via a fibre circuit (“Access Circuit”) and the Service Equipment at a Home Connect Point of Presence (“PoP“).
    • Access Circuit: Home Connect supplies, configures and tests the Access Circuit. Any facilities and extra cabling necessary within the Site are not included in the provision of the Service.
    • Home Connect provides Internet access by transmitting and delivering IP packets between your computer/s connected on the Network and other networks in accordance with its standard business arrangements with Providers of such other networks.
    • Throughput Rates and IP Access
      • Access to, and across, the Home Connect IP Network is at the maximum throughput rates set forth in the Service Order. Maximum throughput rates are not guaranteed.
      • Due to the nature of the Internet, Home Connect can only control IP throughput rates from the user network interface of the Service Equipment to the point of interconnection between the Network and the Internet.
      • IP throughput rates may also be reduced by Home Connect in accordance with its Acceptable Use Policy, a copy of which can be provided to you on request or found at home-connect.co.za.
    • IP Addresses: Home Connect will dynamically assign 1*/29 public IP addresses from Home Connect allocated blocks obtained from AfriNIC. Any IP address allocated by Home Connect to you remains the property of Home Connect and you will have a non-transferable licence to use such addresses for a limited time.  The dynamic IP will change on a 24hr basis.
    • Monitoring: Home Connect monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
    • Reporting Service: Home Connect may provide usage information in the Home Connect Portal. The content of any usage information will only be visible to authorised users or authorised Home Connect employees.
    • Resale of Service: Resale of the Service is not
    • Accuracy of Your Information: You will provide Home Connect with accurate and up to date information: (i) when completing the Application; and (ii) when you contact Home Connect to report a suspected fault and are asked a standard set of structured questions. Home Connect will not be liable for any loss suffered as a result of your failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or Service repair.
    • Maintenance: Scheduled maintenance on the Home Connect Network will be performed during a standard maintenance window during change control windows from 00:00 – 04:00 (UTC +2), as necessary. Home Connect reserves the right to perform emergency maintenance without prior notice, but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
    • Security: You acknowledge that the logical and physical security measures in relation to the Services are your sole responsibility and Home Connect will not be held liable for any losses arising out of security breaches of the Services.
    • Disclaimer: Home Connect will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.

 

  1. Service Equipment
    • The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
    • In the event of failure of the Service Equipment, Home Connect will repair or replace (at its discretion) the Service Equipment where such failure is covered by the warranty of the original equipment manufacturer. Where the Service Equipment is replaced, you must return the original Service Equipment to Home Connect.
    • You accept liability for any costs incurred by Home Connect as a result of repair or replacement of Service Equipment where the Service Equipment failure was caused by your use, misuse or changes to the Service Equipment, other than as previously agreed to in writing by Home Connect.
  1. Home Connect Obligations
    • In performing its obligations under the Agreement, Home Connect will at all times exercise the reasonable skill and care of a competent provider of internet-related services.
    • Home Connect will use reasonable endeavours to ensure that each Service will conform to its service terms.
    • With respect to the provision of a Service or otherwise, except as expressly set out in the Agreement, all warranties, representations or undertakings, are excluded.

 

 

  1. Charges and Payment terms
    • You will pay the Charges to Home Connect in accordance with this clause.
    • Call Charges to:
      • South African numbers shall be determined with regards to the relevant call termination rates as applicable from time to time; and
      • International numbers shall be determined in accordance with the rates and billing methodologies as charged by the upstream international termination partners from time to time.
    • Charges will accrue from the Billing Start Date and will be invoiced by Home Connect for:
      • Call Charges;
      • Once-Off Charges;
      • Rental Charges and/or Monthly Fees monthly in advance. Service(s) provided for part of a month will be charged on a pro-rata basis.
    • Subject to a notice period of 5 Business Days, Home Connect reserves the right to impose a credit limit on any of its customers as it sees fit.
    • Any invoice for Charges will be due on issue of the invoice and must be paid by way of a debit order against the account details provided by you in the Authority and Mandate.
    • The initial debit order will be for any Once-Off Charges, pro-rata of your first month plus one Monthly Fee in advance.
    • In the event that a debit order is not honoured, interest shall accrue on any overdue invoice from the due date until payment at a rate of 2% per month..
    • Where a debit order is returned for whatever reason, you will be charged a R50 penalty. Should the outstanding amount remain unpaid after 7 days from the date of debit order, then Home Connect will suspend your Services.
    • Home Connect may immediately suspend the supply of Services to you if you commit any act of insolvency.
    • If Services are suspended in accordance with clause 8.9, the full outstanding balance becomes due and payable immediately.
    • If overdue amounts are paid in full, Services may be re-activated.
    • If you wish to dispute any invoice or part of an invoice falling due you must deliver a notice in writing to accounts@home-connect.co.za setting out the nature of the dispute, including: (i) date and number of disputed invoice; (ii) amount in dispute; (iii) reason for dispute; and (iv) supporting documentation, as appropriate.
    • Fibre lines that have been suspended for non-payment will be cancelled with the Provider after 30 days, and you shall be notified thereof beforehand. Any reactivation after this 30-day period is at a fee of R999.
    • In the event of any non-payment in excess of 30 days, in addition to negatively listing your details with any credit bureau, Home Connect may submit such overdue amount for collection. Any and all costs incurred as such will be for your account.
  1. Your Obligations
    • You will provide Home Connect with such facilities and information as Home Connect may reasonably require to enable it to perform its obligations or exercise its rights under the Agreement.
    • You warrant and undertake that you will:
      • use the Service Equipment only for the purpose of receiving the Service;
      • not move, modify, relocate or in any way interfere with the Service Equipment;
      • insure and keep insured all Service Equipment installed at the Customer Site against theft and damage;
      • not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment;
      • upon termination of a Service, return all Service Equipment belonging to Home Connect in terms of the Agreement to Home Connect.
      • You may not use the Services for any illegal or immoral purpose and you will abide by the current version of the Home Connect Acceptable Use Policy, available at

http://www.Home-Connect.co.za/support/acceptable-use-policy

 

  1. Service Suspension
    • At its sole discretion and without prejudice to any right which it might have to terminate a Service and/or this Agreement, Home Connect may elect to immediately suspend the provision of a Service (or part thereof) if it:
      • has reasonable grounds to consider it is entitled to terminate the Service and/or this Agreement for reasons set out in clause 11;
      • is obliged to comply with an order, instruction or request of a court, government agency, emergency service or other administrative or regulatory authority;
      • needs to carry out Emergency Works to the Network or Service Equipment;
      • has reasonable grounds to consider that the Service is being used fraudulently or illegally or in violation of its Acceptable and/or Fair Use Policies;
    • If Home Connect exercises its right to suspend the Service (or part thereof) pursuant to 1.2 or 10.1.3 it will, whenever reasonably practicable, give prior notice of such suspension to you, setting out the reasons for the suspension and the expected duration. Home Connect will use all reasonable endeavours to resume the Service as soon as is practically possible.
    • If the Service (or part thereof) is suspended as a consequence of your breach, fault, act or omission, you shall pay to Home Connect all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service.
    • Home Connect will not be liable for any loss, damage or inconvenience suffered by you as a result of any suspension made pursuant to clause 1, except to the extent that such suspension is made pursuant to clause 10.1.3 and for reasons which are solely and directly attributable to the negligence of Home Connect and then only to the maximum amount of Charges that would otherwise have been charged for the duration of the suspension.
  1. Term and Termination
    • These General and Terms take effect in respect of each Service, from the Effective Date of each Service Order.
    • To downgrade any Service package (changing your existing package to a lower-cost package), you must provide notice to this effect on or before the 20th of the month to be effective from the 1st day of the following month, otherwise you will be charged the existing package.
    • Either Party may terminate the Agreement (or the relevant Service Order):
      • on at least 1 calendar month’s notice in writing, meaning that termination will be effective on the last day of the month, after the month you give notice, if you give notice later than the 1st of the month;
      • immediately by notice if the other Party has committed a material breach which is incapable of remedy;
      • immediately by notice if the other Party has committed a material breach capable of remedy, but which it fails to remedy within 5 Business Days of having been notified of such breach; or
      • immediately by notice if, in relation to that Service, a Force Majeure Event subsists for a continuous period exceeding 2 months.
    • Home Connect may terminate the Agreement (or a specific Service Order) immediately by notice if the Service provided for home/personal use and it is being utilised for other or business purposes.
    • Certain Services, like Home Connect’s unlimited voice offering, are solely for personal use and usage for any other purpose would place you in material breach of the Agreement, and Home Connect reserves its right to immediately cancel the Agreement, suspend Services and have recourse to remedies for breach.
    • If Home Connect has reasonable grounds to believe that there has been a violation of its Acceptable and/or Fair Use Policies, Home Connect may notify you and require you to remedy the violation; in the event of an incident involving a violation of public law or regulation or an imminent threat to the Network, immediately; or in all other cases, within 48 hours. If you fail to notify Home Connect that such a remedy has been effected in accordance with this clause or if Home Connect reasonably determines that the violation is continuing or is likely to occur again, Home Connect may terminate this Agreement (or relevant Service) immediately upon notice to you.
    • Home Connect may terminate the Agreement (or the relevant Service Order) without notice if you fail to make any payment within 30 days of the amount becoming due.
    • Upon termination of the Agreement any accrued Charges not yet invoiced will become due and payable immediately on receipt of an invoice.
  1. Liability
    • You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under the Agreement is solely limited to the amount paid for such Service(s).
    • Home Connect and our contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
    • Home Connect is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and Home Connect will have no liability as to the quality, content or accuracy of information received through or as a result of the use of the Services.
  1. Force Majeure

Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for any delay, failure in performance of any part of this Agreement (other than for payment obligations as set out herein) or damages suffered to the extent that such delay or failure is attributable to a Force Majeure Event.

  1. Intellectual Property

You acknowledge that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wherever enforceable, which are used in connection with the Service and/or Service Equipment, will remain the sole property of Home Connect, its contractors or suppliers.

  1. Customer Data and Privacy
    • You acknowledge that Home Connect and our respective subcontractors will, by virtue of the provision of Services, come into possession of Customer Data.
    • Home Connect has implemented and maintains appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
    • Home Connect and its respective subcontractors may use or process Customer Data:
      • in connection with the provision of Services;
      • to incorporate Customer Data into databases controlled by Home Connect for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and customer-use analysis, and
      • to communicate to you by voice, letter, fax or email regarding products and services of Home Connect.
    • You may withdraw consent for the use, processing or transfer of Customer Data as set out above by sending a written notice to Home Connect to such effect, unless it is required to (i) provision, manage account and bill for the Services; (ii) carry out fraud detection; or (iii) comply with any statutory obligation, regulatory requirement or court or other public authority order.
  1. Passwords
    • You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for any unauthorised use of the Services, including any resultant damages resulting, until you notify Home Connect.
    • The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Home Connect.

 

  1. General
    • No Waiver: Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
    • Variation: This Agreement (or any part thereof) shall be modified only by the written agreement of the Parties.
    • Entire Agreement: The Agreement (being these General Terms and all terms under active Service Order Forms) sets out the entire agreement between Home Connect and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein.
    • Survival: Termination of this Agreement shall not affect a clause that necessarily or by its context requires survival of these General Terms.
Use of the Service is subject to the Home Connect Acceptable Use Policy (‘AUP’), which may be located at http://www.Home Connect.co.za/support/acceptable-use-policy/  and the Home Connect Fair Use Policy, which may be located at http://www.home-connect.co.za/fair-use-policy/

Each Provider’s Standard Terms and Conditions for the provision of Services is binding upon you to the extent necessary and their terms and conditions are obtainable on request.

You confirm that you have read and understood the information set out and incorporated by reference in these Service Terms.