These terms and conditions regulate the fibre to the home service you wish us to provide to you. It should be read together with our Acceptable Use Policy and the order form.
1.1. The service is the provision of access to the internet at the maximum speeds set forth in the service order over an optical fibre network link leased by us from the fixed network operator set out in the service order. The service is provided with no fair use rules – meaning that we do not shape or throttle your services.
1.2. The service does not include the following:
1.3. Optional extra services include:
Resale of the service is not permitted.
3.1. Your access to the Internet is provided at the speeds set out in your service order. The speeds are maximum speeds, are not guaranteed and will fluctuate from time to time.
3.2. Due to the nature of the Internet we cannot guarantee the speed at which devices connected to the Internet will communicate with you.
3.3. What this means is that speeds below your contracted rates is not a breach of contract on our part. You should only log faults for poor internet speeds if the speed is consistently well below the contracted speed for a sustained period.
3.4. Web-based speed-tests are not reliable and will not be accepted by us as conclusive proof of poor performance. If a support call is logged with us, we will use industry accepted tests in a controlled test environment to verify the performance of your service.
3.5. The effective date of this agreement is the date we accept the agreement together with the order form.
3.6. The duration of the agreement is 6 (six) months from the date of activation of the service and will thereafter continue on these terms and conditions on a monthly basis.
3.7. Terminating your service within 6 (six) months from activation of service, may attract a clawback of costs incurred to DK Wireless Internet (Pty) Ltd. These costs may include but not limited to installation cost, activation cost and promotion costs.
4.1. Ownership of all the equipment that we supply vests in us, including routers, firewalls, switches and access points.
4.2. We will provide a router for your use of the services. The rental of the router is fully subsidised. If you prefer to select a router of your own choice, we will subsidise you with a once-off amount equal to the cost of router that we would have supplied.
4.3. If you cancel the Zoom services within the first 6 (six) months or Openserve within the first 12 (twelve) months, or if we lawfully cancel your services because of your breach of the agreement, then:
4.4. You may not remove the fibre network operator’s (FNO) equipment when moving premises. You will be liable for the costs of replacing any of the network operator’s equipment if you have removed any equipment, including the costs of collecting and recovering such equipment.
4.5. The equipment will be provisioned with a standard configuration.
4.6. You must identify a suitable location for the equipment. The location must be dry, free from vibration and well ventilated. Power to the equipment must be supplied through a surge protector.
4.7. The risk of loss and damage transfers to you when we deliver the equipment to you. This means that in the event of damage to our equipment by any means, including fire, lightning strikes and power surges, you will be responsible for the replacement cost thereof.
4.8. If our equipment fails, we will replace the equipment. Where the equipment is replaced, you must return the original equipment to us.
4.9. You accept liability for any costs incurred by us as a result of repair or replacement of equipment where the equipment failure was caused by your use, misuse or changes to the equipment, other than as agreed to in writing by us.
4.2.1. DK Wireless agrees to provide the Client with a free-to-use antenna (“Antenna”) for the purpose of accessing DK Wireless’s services.
4.2.2. The Client acknowledges that the Antenna is provided at no cost, subject to the terms and conditions outlined in this Agreement.
4.2.3. The Client agrees to a minimum commitment period of 6 months (“Minimum Commitment Period”) from the date of installation.
4.2.4. The Client may terminate this Agreement after the Minimum Commitment Period by providing DK Wireless with a written notice of at least 1 month before the desired termination date.
4.2.5. If the Client terminates the Agreement before the completion of the Minimum Commitment Period, the Client shall be liable to pay an early termination fee as specified in DK Wireless’s standard terms and conditions.
4.2.6. Upon termination of this Agreement, the Client is responsible for returning the Antenna to DK Wireless.
4.2.7. The Client must ensure that the Antenna is in good condition, normal wear and tear excepted.
4.2.8. In the event that the Client fails to return the Antenna within 30 days of the Agreement termination date, DK Wireless reserves the right to charge the Client an amount of R2000.00 as a fee for the unreturned Antenna.
5.1. On installation, the once-off installation fee and/or activation fee as well as a pro-rata portion of the monthly charges for services provided between the installation date and the last day of the month shall become immediately due and shall be payable together with the service fees for the following month. Each network operator defines its standard installation. If a non-standard installation, re-installation or any move of equipment is required you will be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that are necessary to install the fibre circuit. Such costs shall either be charged by the relevant network operator directly to you or through us, depending on the business model of the network operator.
5.2. Each FNO includes a certain length of fibre for installation purposes. Any additional length required for the installation will be charged to you.
Although we will neither throttle nor shape your services, each fibre network operator determines its own network policies that we have no control over.
7.1. You acknowledge that the logical and physical security measures in relation to the services are your sole responsibility.
7.2. Without limiting the generality of aforesaid, you are informed that voice and email services are known targets for malicious access and abuse. You must take all reasonable precautions to protect against unauthorized access of your voice service and email account.
7.3. You will not hold us liable for any of your losses arising out of security breaches of your services.
Help desk. We will provide a help desk during business hours for service requests. You can contact our helpdesk on 022 001 0000 or at support@dkwireless.co.za. We work with a number of FNO’s. If there is an issue on your fibre circuit, we will log a fault with the relevant FNO. The turnaround time to resolve the issue is beyond our control, therefore we cannot be held liable for any delays in resolving downtime or degraded services. However, we will communicate turnaround times with you as soon as we know them. We will do our best to make sure the issue is resolved as soon as possible.
8.1. Scheduled maintenance will be performed during a standard maintenance window during change control windows as determined by each FNO.
8.2. Emergency maintenance. We reserve the right to perform emergency maintenance without prior notice, but we will endeavour to provide such notice as is reasonably and practically possible in the circumstances.
8.3. All charges are including VAT unless expressly stated otherwise.
8.4. We will be entitled to increase the charges under the following circumstances:
9.1. You will complete the debit order mandate and shall ensure that payments drawn by us against your account by debit order are honoured.
9.2. If we expressly agree to payments by means of electronic funds transfer, then payments shall be made as follows:
9.3. We reserve the right to suspend your services without notice if payment is not received on the due date.
10.1. We will endeavour to process upgrades for services within 7 days. Once a service has been upgraded, the provision of clauses 7.2 shall apply, with the necessary amendments.
10.2. You may downgrade your services by giving us one clear calendar month’s (i.e. a named month of the Gregorian calendar) written notice to that effect.
10.3. You may cancel this agreement by giving us 1 (one) calendar month’s written notice of your intention to cancel. (A calendar month is each of the twelve named periods into which a year is divided).
10.4. We may cancel this agreement by giving you 1 (one) calendar month’s written notice if for any reason we terminate our agreements with any FNO.
10.5. We may also terminate this agreement if you breach any term of this agreement and you fail to rectify your breach within 5 days of our notice of your breach (or such shorter time as is reasonable in the circumstances).
We must comply with our legal obligations in terms of RICA. To do so you must upload a copy of your ID and proof of address when you place an order with us.
If you fail to comply with your obligations in terms of this agreement or a period in excess of five calendar days after receiving a written request from us for you to do so the failure will constitute a material breach of this agreement. In addition to any remedies in law we may have arising out of the breach, if you fail to comply with our obligations within the notice period of five calendar days, we will be excused from meeting the service levels for as long as you fail to comply with your obligations and we may also cancel this agreement.
ISPA members must make available to customers (and potential customers) any applicable terms and conditions prior to the commencement of any contract. Terms and conditions must include all information and terms relevant to the relationship with the recipient of the service.
Terms and conditions must give an ISPA member the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.
Terms and conditions must give the ISPA member the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, acceptable or fair use policies, or any other contractual obligations.
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