Contract Terms
1. Openserve Fibre is available on a month-to-month or 12-month contract, anywhere within the Openserve Web Connect and Web Stream coverage areas.
2. The Openserve Web Connect and Web Stream Charges indicated above:
2.1 includes the internet usage;
2.2 includes the Optical Network Terminal (ONT) and the Access Terminal Box (ATB) at the end-user's premises, where applicable.
2.3 includes the external antennae and the Wifi enabled device at the end-user's premises where applicable.
3. The contract period for each Link will commence on the Link Activation Date.
4. 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 Openserve (e.g. same day as installation)
5. Invoicing in respect of each Link will be with effect from the Link Activation Date, billed pro rata. Invoicing is monthly in advance, payable 14 (fourteen) days from date of invoice.
Termination/Cancellation of Contract
6. A Link may be cancelled at one calendar months' notice and such cancellation shall be in writing sent to accounts@cybersouth.co.za
7. For 12-month contracts, cancelled links are subject to Early Termination Fees e.g. an accumulative charge of port fees for the remaining months of the contract period will apply.
Contract Term - 12 Months
8. An 12 month contract that expires will automatically roll over to a month to month contract.
9. Should the client wish to renew for another 12 months, a written request should be sent to accounts@cybersouth.co.za
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 Openserve 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 an Openserve Fibre Connect product in terms of this application schedule.
Installation / Home Drop
12. Installation and Activation Fees will apply in accordance of the status of the Current Link upon application.
13. The Standard setup fee includes Access Build up to 8 meters. If the Access Build exceeds 8 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 Openserve contractor directly to the End User.
14. Lead times are estimates and influenced by many factors which are outside the control of Openserve and Cyber South. 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.
15. Openserve 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
16. The End User understands that Cyber South reserves the right to impose any applicable penalties that may apply in terms of the Openserve Web Connect and Web Stream Agreements e.g. missing ONT/PSU.
FNO Technician Request
17. Openserve shall charge a call-out fee in all instances where the Client has requested Openserve to attend to any fault in respect of an Openserve Web Connect and Web Stream Service where such fault is at a point in the network between the Fibre Pick-up Point and the End-user's premises, or is not a fault or issue in or relating to the Openserve network at all, such as a fault with any End-user equipment or software, but shall exclude a fault with the ONT.
Best Effort Service
18. Self-install of Openserve Fibre is not available.
19. Openserve Fibre is a Best Effort Service.
Upgrades & Downgrades
20. Links may be upgraded and/or downgraded with effect from the 1 of the next calendar month Openserve 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.
21. A R 100.00 excl. vat fee will be charged for all upgrade and downgrade requests.Terminal Equipment (ONT, Fibre Patch Lead)
Terminal Equipment
22. Terminal Equipment always remains the property of Openserve. Openserve will provide Terminal Equipment with original manufacturer's warranty.
23. 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 Openserve on presentation of invoice the reasonable cost of repair of Terminal Equipment or, if repair is not feasible, the actual replacement cost.
24. 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 Openserve, then in addition to the paragraph above Openserve shall charge its full installation rate for the call-out to repair/replace faulty Terminal Equipment.
Link Redundancy
25. Link redundancy is available on these services which require additional equipment and site evaluation. Enquire with Cyber South for this Value Added Service.
Terms and Conditions of FNO
26. By signing this application schedule the End User agrees to be bound to the terms and conditions of the Openserve Internet Schedule Agreement.
Acknowledgements
27. 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.
28. 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.
29. 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.
30. 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
Throttling
33. Throttling is the process of limiting the throughput of all services and protocols, the line itself is not affected. Throttling is applied only when an individual user exceeds the Fair Usage Point (FUP) or Usage Thresholds, as further set out in clause 10 below and which may be amended from time to time, on their account, over a calendar month, and even then, only during peak traffic. Just because the Client have reached the FUP point on its account does not mean that the Client will automatically be throttled. Although Openserve do reserve the right to throttle when fair usage has been exceeded, it will only do so at peak network traffic times. When the network is in off-peak times the Client will not be throttled, even if it has exceeded its FUP point. The Client will continue to experience normal speeds. Peak times are daily between 18:00 and 23:00.
34. The Client's usage between midnight and 06:00 am every day does not affect the Client's FUP threshold, eg. if the Client is planning downloads, it must make sure that it schedules them for these times, so that they won't impact the Client's FUP status.
Shaping
35. Shaping is the process of implementing priority on certain types of usage or protocols. Openserve may implement shaping to give priority to real-time interactive services, effectively slowing down the Client's non- prioritized services. This does not relate to the Client's monthly usage or thresholds, but rather network congestion and will be applied to all services equally. Peak times are daily between 18:00 and 23:00.
Reservation and Non-Waiver of Rights
36. Openserve reserves the right to amend or alter this AUP at any time.
37. Openserve reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing Openserve's services, to the fullest extent of the law.
38. Openserve reserves the right, at its sole discretion, to act against other types of abuse not listed in this appendix and to investigate or prevent illegal activities being committed over Openserve's network.
39. Openserve does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Openserve fail, neglect or elect not to enforce a breach of the AUP at any time.
Usage Threshold(s) or Fair Usage Point(s) (FUP(s
40. Openserve reserves the right to implement corrective measures should any OWC and OWS service be utilised in a manner that has a detrimental impact on the Openserve network and/or a detrimental impact on operation of any other service on the Openserve network.
41. Openserve may, at its own discretion apply corrective measures as referred to in clause 38, which may include, but is not limited to, implementation of usage thresholds and/or fair usage points or termination of the relevant services to protect the Openserve network and maintain the operation of other services on the Openserve network.
42. Openserve undertakes to provide reasonable notice should it decide to implement any of the corrective measures as contemplated in clause 39 above.