Terms of Agreement
Installation
1. The Standard setup fee includes Access Build up to 30 meters from the boundary box to the Subscriber’s designated area.
2. 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.
3. The additional installation fees will be billed by the appointed Frogfoot contractor directly to the Subscriber. Contract Terms
4. Frogfoot Access Air is available on a 24-month contractual term, anywhere within the Frogfoot Access Air Fibre to the Home coverage areas. Services can be delivered Nationwide.Service pricing subject to change depending on location.
5. The contract period for each Link will commence on the Link Activation Date.
6. 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.
Termination/Cancellation of Contract
7. A Link may be cancelled at one calendar months' notice and such cancellation shall be subject to a cancellation charge if the full contract term of a Link has not yet expired.
8. The cancellation charge in respect of each Link is the balance of the value that would have become due and payable for the remainder of the contract term for that Link unless Month-to-Month contract or a Once-off contract upgrade option is selected. 9. These amounts will be recovered via invoicing in the month preceding the cancellation of the respective service(s).
Consent from Landlord / Body Corporate
10. 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
11. The End User hereby indemnifies Cyber South against all or any claims, of whatsoever nature, arising from any application for a Frogfoot Fibre Connect product in terms of this application schedule.
Lead Time
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.
Penalties in terms of FNO Agreement
14. 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
15. Subject to clause 13 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
16. Self-install of Frogfoot Fibre not available.
17. Frogfoot Fibre is a Best Effort Service.
Upgrades & Downgrades
18. Links may be upgraded to the Frogfoot Fibre Access Home Products. Upgrades will commence on the 1st of the month after upgrade has been initiated. Frogfoot Access Home Products Terms and Conditions Apply.
19. Downgrades back to the Access Air will not apply. Access Home Contracts will need to be terminated and re-appy for Access Air.
20. 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
21. Invoicing in respect of each Link will be with effect from the Link Activation Date, billed pro rata.
22. Invoicing is monthly in advance, payable 14 (fourteen) days from date of invoice.
Terminal Equipment (ONT, Fibre Patch Lead)
23. Terminal Equipment always remains the property of Frogfoot. Frogfoot will provide Terminal Equipment with original manufacturer's warranty.
24. 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.
25. 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
26. Link redundancy not available on these services.
Terms and Conditions of FNO
27. By signing this application schedule the End User agrees to be bound to the terms and conditions of the Frogfoot Agreement.
Acknowledgements
28. 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.
29. 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.
30. 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
31. 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