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 whether you were notified or not. 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.
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 internet is active.
- 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 activation 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 www.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.