Terms of Agreement
Contract Terms
1. Frogfoot Fibre is available on a month-to-month , anywhere within the Frogfoot Fibre to the Home coverage areas. Services can be delivered Nationwide. Service pricing subject to change depending on location.
2. The contract period for each link will commence on the Link Activation Date.
3. In respect of each link the Link Activation Date is the date when an acceptance certificate is issued to the ISP after installation and testing has been completed by Frogfoot.
4. Subscription line and/or price plans are subject to change at any time with prior notice.
Installation Terms
5. Forgfoot Fibre Installation and/or Reprovisioning on new and/or existing lines will be charged at a once off fee of R 1725.00 vat inclusive.
6. An addititional fee of R 1200.00 vat inclusive is charged for an ISP Router and Set-Up. Router will be installed and tested by a Cyber South technician.
Termination/Cancellation of Contract
7. A Link may be cancelled at one calendar months' notice.
8. The cancellation request must reach Cyber South in writing/email (admin@cybersouth.co.za) at least one calendar month prior to the link termination date.
Consent from Landlord / Body Corporate
9. The End User hereby warrants that they have obtained the consent of its landlord / body corporate to apply for the Frogfoot Fibre products indicated herein.
Indemnity
10. The End User hereby indemnifies Cyber South against all or any claims, of whatsoever nature, arising from any application for a Frogfoot Fibre product in terms of this application schedule.
Installation / Home Drop
11.The Standard setup fee includes Access Build up to 30 meters. If the Access Build exceeds 30 meters, the standard setup fee will apply as well as an additional installation fee as advised by the contractor performing the home drop. The additional installation fees will be billed by the appointed Frogfoot contractor directly to the End User.
12. Lead times are estimates and influenced by many factors which are outside the control of Fibre Line Provider. These may include - but are not limited to - obtaining approvals from municipalities, roads agencies, utilities providers, other network operators, private landowners and landlords. Inclement weather conditions may affect construction work.
13. Frogfoot shall do everything reasonably and practically possible to meet installation times but shall not be held liable in any way whatsoever for any delays in the installation of a Link.
14. The End User is requested to be present when the installation commence in order to ensure that installation is done as per the End User request. Cyber South shall not be held liable for any unsatisfied queries theroff.
Penalties in terms of FNO Agreement
15. The End User understands that Cyber South reserves the right to impose any applicable penalties that may apply in terms of the Frogfoot Fibre Agreements.
FNO Technician Request
16. Subject to clause 14 above, as well as the provisions of the Frogfoot Fibre Agreements, Frogfoot shall charge the applicable price, as amended from time to time, in the event that Cyber South requests Frogfoot to dispatch a Frogfoot technician.
Best Effort Service
17. Self-install of Frogfoot Fibre not available.
18. Frogfoot Fibre is a Best Effort Service.
Upgrades & Downgrades
19. Links may be upgraded and/or downgraded with effect from the 1st of the next calendar month.
20. A downgrade fee will be charged at a rate of R 115.00 vat inclusive.
21. Frogfoot may need to replace the Fibre Terminal Equipment where necessary for an upgrade. An upgrade to home wireless equipment may also be necessary depending on the upgrade selected and will be advised by Cyber South.
Invoicing & Billing
22. Invoicing in respect of each Link will be with effect from the Link Activation Date, billed pro rata.
23. Invoicing is monthly in advance, payable 14 (fourteen) days from date of invoice.
Terminal Equipment (ONT, Fibre Patch Lead)
24. Terminal Equipment always remains the property of Frogfoot. Frogfoot will provide Terminal Equipment with original manufacturer's warranty.
25. The End User shall bear the risk of damage to, or loss of, Terminal Equipment installed at a Subscriber's premises and shall be liable to pay to Frogfoot on presentation of invoice the reasonable cost of repair of Terminal Equipment or, if repair is not feasible, the actual replacement cost.
26. If repairs or replacements have to be done on Terminal Equipment that is not covered under manufacturer's warranty or that has been damaged by anybody other than Frogfoot, then in addition to the paragraph above Frogfoot shall charge its full installation rate for the call-out to repair/replace faulty Terminal Equipment.
Link Redundancy
27. Link redundancy not available on these services.
Terms and Conditions of FNO 28. By signing this application schedule the End User agrees to be bound to the terms and conditions of the Frogfoot Agreement.
Acknowledgements
29. The subscriber acknowledges and agrees that these terms and conditions govern the subscriber's use of the service and that there are no other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
30. Cyber South shall deem that the subscriber has acknowledged and agreed to the terms and conditions and confirm his/hers acknowledgement by using the service even if the subscriber has subscribed via telephone, application form, verbally, or by any form electronically.
31. Cyber South will be entitled to verify the information contained on the client's order form and generally make enquiries as it deems necessary. Cyber South will also be entitled to furnish any information regarding the client's account with Cyber South and his compliance with these conditions to any Credit Bureau / Bank. Credit Risk Assessment Reports will be obtained from any Credit Bureau purely for affordability purposes.
POPIA
32. Cyber South subscribes to the principles of protection of personal information in accordance with the relevant legislation, for further details in this regard please refer to our terms and conditions on www.cybersouth.co.za