5. Service Terms
5.1 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”).
5.2 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.
5.3 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.
5.4 Throughput Rates and IP Access
5.4.1 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.
5.4.2 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.
5.4.3 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 www.home-connect.co.za.
5.5 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.
5.6 Monitoring: Home Connect monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
5.7 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.
5.8 Resale of Service: Resale of the Service is not permitted.
5.9 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.
5.10 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.
5.11 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.
5.12 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.
6. Service Equipment
6.1 The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
6.2 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.
6.3 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.
7. Home Connect Obligations
7.1 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.
7.2 Home Connect will use reasonable endeavours to ensure that each Service will conform to its service terms.
7.3 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.
8. Charges and Payment terms
8.1 You will pay the Charges to Home Connect in accordance with this clause.
8.2 Call Charges to:
8.2.1 South African numbers shall be determined with regards to the relevant call termination rates as applicable from time to time; and
8.2.2 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.
8.3 Charges will accrue from the Billing Start Date and will be invoiced by Home Connect for:
8.3.1 Call Charges;
8.3.2 Once-Off Charges;
8.3.3 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.
8.4 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.
8.5 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.
8.6 The initial debit order will be for any Once-Off Charges, pro-rata of your first month plus one Monthly Fee in advance.
8.7 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.
8.8 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.
8.9 Home Connect may immediately suspend the supply of Services to you if you commit any act of insolvency.
8.10 If Services are suspended in accordance with clause 8.9, the full outstanding balance becomes due and payable immediately.
8.11 If overdue amounts are paid in full, Services may be re-activated.
8.12 If you wish to dispute any invoice or part of an invoice falling due you must deliver a notice in writing to email@example.com 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.
8.13 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.
8.14 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.
9. Your Obligations
9.1 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.
9.2 You warrant and undertake that you will:
9.2.1 use the Service Equipment only for the purpose of receiving the Service;
9.2.2 not move, modify, relocate or in any way interfere with the Service Equipment;
9.2.3 insure and keep insured all Service Equipment installed at the Customer Site against theft and damage;
9.2.4 not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment;
9.2.5 upon termination of a Service, return all Service Equipment belonging to Home Connect in terms of the Agreement to Home Connect.
9.2.6 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