Legal

Please take note of the following Important terms and conditions for our various customer types

CANCELLATIONS

 This applies to our Internect customers:                                                                                                                                                                        If a customer cancels within 12 months of activation, they are liable for the full installation fee of R1725 and for the pro rata cost of the R995 router .

This Applies to Octotel, Openserve, and Frogfoot customers:

If a customer cancels within 24 months of activation, they are liable for the full installation fee of R1725 and for the prorata cost of the R995 router.

This applies to our Century City Connect and Teralink Customers:
If a client cancels within 12 months of activation, the client will be liable for the prorata cost of the R995 router.

This applies to our Wireless Fibre Customers:
All Wireless Fibre installations come with a 12-month contract.
If you should choose to cancel your Wireless Fibre before your 12-month contract has expired, you will be liable for the subsidized installation costs, pro-rated at the original installation rate. So if you have 6 months left you will be liable for 6 x 12ths of the subsidized amount. You will be liable for the outstanding amount due.

NON-PAYMENT

This applies to our Octotel, Openserve, Frogfoot, Century City Connect and Teralink customers with regards to non-payment:

If a customer’s debit order bounces (more than once in the same month) or is unpaid for whatever reason –  their fibre line will be cancelled with the underlying fibre infrastructure provider immediately. 

The customer is liable (from this date) for the following month’s fees – in accordance with our and our underlying provider’s 30 day cancellation period. 

If the customer wishes to be reconnected beyond this 30 day period, they will be liable for the provider’s reconnection charge of  R870.  

PROTECTION OF MINORS

We all should protect minors online. Please refer to the below websites for information and contact details when protecting minors from problematic online content. 

CELL PHONES:
CYBER-BULLYING:
CYBER SECURITY:
FACEBOOK:
GAMING:
GENERAL:
SEXTING:
SOCIAL MEDIA:
ADDITIONAL RESOURCES:
  • Cyberangels: World’s oldest and largest Internet safety organisation
  • GetNetwise: Educating parents and children about how to use the Internet safely
  • KidShield: Tools and information to create a safety net for your children online
  • ProtectKids.com: Protecting children in cyberspace
  • SafeKids.com: Making your family’s online experience fun and productive
  • WiredKids: Online safety for kids and teens

TERMS AND CONDITIONS FOR WEBSITE

  1. Use of this website constitutes acceptance of these Terms and Conditions which thereafter constitute a binding agreement (“Agreement”) between Faircom and the user.
  2. Use of this website is strictly at the sole risk of the user.
  3. Faircom may, in its sole discretion, amend these Terms and Conditions from time to time at which time these will be brought to the attention of users and become binding on such users where they continue to use the website after such amendments have been brought to their attention.

Amendments to content and information

  1. The website owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information, including pricing and rates, set out in this website.
  2. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.

Owner information & required disclosures under section 43 of the ECT Act

Website owner: Faircape Communications 
Registered Number: 
Directors: Mike Vietri (CEO)
Phone: 27 21 815 5700
E-mail: [email protected]
Web site: www.faircom.co.za

Physical Address:
6th Floor, The Terraces,
25 Protea Road,
Claremont

PRIVACY POLICY

Purpose

This Policy sets out the manner in which Faircom Networks (Pty) Ltd (“Faircom”) handles personal information submitted by or collected from you whilst visiting the Faircom website(s).

Definitions

“personal information” is as defined in the Promotion of Access to Information Act No 2 of 2000 (“PAIA”)

“user” means any person accessing any part of the web site

Status

This Privacy Policy forms part of the Terms and Conditions of Use of this website. Continued use of this website means you agree to the provisions of this Policy and are bound by them.

Collection of personal data

We collect what is necessary and use it only for the purpose for which it is required in your application.

We will neither sell your personal information to anyone nor otherwise dispose of it to a third party otherwise than as set out in the Policy. We will not attempt to obtain your permission to do so by deceptive means.

Email comms

When you send us personally identifying information in an email, we use the information you provide only to help us with your request. Once received, the information to your email is protected in accordance with this Policy.

Cookies

In order to provide the best possible and most relevant service, we may use standard technology to collect information about the use of this site. This technology is not able to identify individual users but simply allows this web site to collect statistics.

In order to do this we use cookies. A cookie is a small file that is placed on your hard drive in order to keep a record of your interaction with this web site and will log:

    • The Internet protocol (IP) address from which you access our website. An IP address is the unique number that is automatically assigned to the computer you are using whenever you are surfing the web.
    • The type of browser (such as Internet Explorer or Mozilla) and operating system (such as Windows Vista or MacOS) used to access our site.
    • The date and time when the website is accessed, for the purpose of traffic and statistical monitoring.
    • The pages visited, for the purpose of improving the usefulness of our website by providing helpful links and removing pages that are not read.

If you do not wish cookies to be employed it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on this web site may not be available.

Access to personal data

If you believe that your personal data is outdated or incorrect please ask us to correct it. Please provide us with all the information we need to make the correction.

You can request access to any relevant personal data held by the web site owner as laid out in the Promotion of Access to Information Act 2 of 2000 (“PROATIA”) and where such access is necessary for you to exercise and/or protect any of your rights. We think that it will probably be simpler for you to just send us an email asking for the information you need.

Links to other websites

We have no control over and accept no responsibility for the privacy practices of any third party sites to which hyperlinks may have been provided and we strongly recommend that you review the privacy policy of any site you visit before using it further.

Security

While reasonable measures are taken to ensure the security and integrity of information submitted to this site, we may not be held liable for any loss or other damage sustained by a user or users as a result of the intentional or accidental release of information by an employee of the web site owner or any third party.

Users and/or subscribers are prohibited from releasing their username and/or password to any other person.

GENERAL TERMS AND CONDITIONS OF USE

 

  1.             DEFINITIONS

In this Agreement, the following expressions will have the following meanings, unless inconsistent with the context:

1.1          Acceptable Use Policy” is the acceptable use policy found at https://faircom.co.za/;

1.2          Agreement” is the agreement between Faircom and the Subscriber for the provision of Services formed by these Conditions,                    the Acceptable Use Policy, Application Form, and any other policies that Faircom makes available on its website;

1.3           Application Form” means the Application Form found at https://faircom.co.za/;

1.4           Business Day” is a day which is not a Saturday or Sunday or public holiday;

1.5           Business Hours” means 8am to 5pm on each Business Day;

1.6           Commencement Date” means the date upon which the Services are first made available to the Subscriber;

1.7           Conditions” refer to these terms and conditions to be read in conjunction with the Acceptable Use Policy;

1.8           Fault” means any failure of the Services to function properly;

1.9           Faircom” shall mean Faircape Communications CC, Registration Number 2010/062642/23;

1.10         Fees” means the charges due to Faircom by the Subscriber under this Agreement in relation to the Services;

1.11         Intellectual Property Rights” means any and all patents, trademarks, service marks, copyright, rights in design, knowhow,                      confidential information and all or any other intellectual or industrial property rights whether or not registered or capable of                      registration;

1.12         Monthly Service Fee” means the monthly charges due to Faircom by the Subscriber under this Agreement in relation to the                     Services and equipment, excluding any once-off charges;

1.13         “Network” means the fibre optic networks, last mile and infrastructure installed (including cables and leads) on or at the                              Premises, owned and/or operated by Faircom over which the Services are provided, including all active switching equipment,                      fibre to copper converter and fibre termination boxes;

1.14         Open Access Fibre Provider or OAFP” shall mean Century City Connect, Frogfoot,        Internect, Octotel, Openserve and/or                       Teralink as more fully described below:

1.14.1      “Century City Connect” means Century City Connect (Pty) Ltd, bearing  registration number 2011/121954/07, with its                                     registered address situated at Mazars House, Rialto Road, Grand Moorings Precinct, Century City;

1.14.2        “Frogfoot” means Frogfoot Networks (Pty) Ltd, bearing registration number 2006/011693/07, with its physical address                                 situated at Suite 302, Building 20, The Waverley Business Park, Kotzee Road, Mowbray, Cape Town;

1.14.3          “Internect” means Internect South Africa CC t/a Internect, bearing registration number 2009/131514/23, having its                                       registered address at 6th Floor, The Terraces, 25 Protea Road, Claremont, Cape Town;

1.14.4         “Octotel” means Octotel (Pty) Ltd, bearing registration number 2015/051236/07, having its registered address at suite 6, 602 The               Point, 76 Regent Street, Sea Point, Cape Town;

1.14.5          “Openserve” means Telkom SA SOC Limited t/a Openserve, bearing registration number 1991/005476/06, having its                                     registered office situated Telkom Park, 61 Oak Avenue, Highveld, Gauteng;

1.14.6          “Teralink” means Teralink Networks (Pty) Ltd, bearing registration number 2007/031721/07, having its physical address at                           Unit 10 Oxford Office Park, 3 Bauhinia Street, Highveld, Centurion;

1.15            Parties” means the parties to this Agreement as identified on the Application Form and “Party” shall, as the Agreement                               requires, be a reference to either one of them;

1.16         Premises” shall mean the address where the Services are supplied, as identified on the Application Form;

1.17         Services” means such implementation, hosting and other services (if any) provided to the Subscriber at the Premises                                   pursuant to the selected Package Details, together with any Support Services;

1.18         Subscriber” is the individual or entity as identified on the Application Form to which these Conditions are attached;

1.19         Subscriber Content” means all data, text, images, graphics, videos, logos and other content displayed or otherwise used by                     the Subscriber in connection with the Services;

1.20         Subscriber System” is the Subscriber’s computer system used and/or owned by the Subscriber in connection with the                               Services;

1.21         Support Hours” means the hours during which Faircom will provide the Support Services, namely 8am to 9pm every day of                       the week;

1.22         Support Services” means those support and maintenance services that may be provided to the Subscriber pursuant to the                        Agreement.

 

  1.   COMMENCEMENT AND DURATION

This Agreement shall commence and be of full force and effect between the parties on the Commencement Date and shall endure on a month to month basis until such time as it is terminated in accordance with this Agreement.

  1.   SERVICES

Faircom agrees to supply the Services to the Subscriber on the following conditions. These conditions are not an offer to provide Services but merely a statement of the terms on which Faircom would provide them:

 3.1                Faircom reserves the right at any time and from time to time, to improve, correct, add to, delete, terminate, or otherwise                            modify all or any of the Services without notice to the Subscriber;

 3.2                Without prejudice to its other rights and remedies, Faircom may at any time in its sole discretion suspend the provision of                         the whole or any part of the Services (temporarily or permanently) with or without notice and will have no liability to provide                       the Services on the occurrence of any of the following events, as determined by Faircom in its sole discretion:

                       3.2.1   the upgrade, repair, scheduled or emergency maintenance of Faircom’s IT systems;

                       3.2.2   if the Subscriber fails to pay any Fees or any other sums owing to Faircom by the Subscriber when they fall due;

                       3.2.3   if an event occurs and Faircom deems it to be appropriate to terminate the Agreement;

                       3.2.4   if the bandwidth used by the Subscriber in relation to the Services exceeds any agreed or stipulated level and                                                 Faircom determines in its sole discretion that suspension is necessary to protect all and any internet solutions                                                 provided by Faircom from time to time;

                       3.2.5   failure or deficiencies in the Subscriber System relating but not limited to hardware, server corruption and security                                         breaches; or

                       3.2.6   failure by the Subscriber to adhere to any of the provisions of the Agreement, including without limitation the terms                                    of Faircom’s Acceptable Use Policy.

 3.3                Where Faircom suspends provision of the Services in accordance with the Agreement, any recommencement of the                                       Services shall only occur after the Subscriber has paid all relevant outstanding amounts together with any relevant                                      reinstatement fee and has accepted any revised payment terms as requested by Faircom (such as pre-payment). Proof of                            payment for the outstanding balance and reconnection fee must be emailed to [email protected] before the                        Services will be reconnected.

  1.   FAULT HANDLING

In the event that Faircom dispatch a technician to the Subscriber to resolve a fault, a R250.00 (Two Hundred And Fifty Rand) call-out fee will be payable upfront. Should it later be determined by the technician that the fault was due to the malfunctioning of Faircom equipment or network elements, the call-out fee will be refunded to the Subscriber in full.

  1.   NO WARRANTY

5.1           The Subscriber acknowledges that, given the nature of such services, Faircom cannot guarantee that the Services, when                              delivered via the Internet, will be uninterrupted or error free.

5.2           To the fullest extent permitted by law, the Services are provided by Faircom to the Subscriber on an “as is” and “as available”                       basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement including                   without limitation as to satisfactory quality and fitness for a particular purpose. In particular, Faircom gives no warranty or                           representation that:

5.2.1       the Services will meet the Subscriber’s requirements;

5.2.2       the Services will be provided on an uninterrupted, timely, secure or error-free basis; or

5.2.3       any results obtained from use of the Services will be accurate, complete or current.

5.3           The Subscriber’s only recourse in the event of a failure by Faircom to provide and deliver the Services will be a refund of any                       Fees paid during a period that Services related to such Fees were not provided. Any such refund shall be at the sole and                               absolute discretion of Faircom.

  1.   SUBSCRIBER’S OBLIGATIONS

    6.1          The Subscriber agrees that it shall:

    6.1.1          immediately notify Faircom on becoming aware of any unauthorised use of all or any of the Services;

    6.1.2          promptly reporting any incident or fault in the Services to Faircom;

    6.1.3          ensure that it has all necessary consents, permissions, waivers, and licenses to make use of the Services;

    6.1.4          be entirely liable for all activities conducted and charges incurred under its passwords and usernames whether                                              authorised by it or not and the Subscriber acknowledges that Faircom shall not be liable for any loss of                                                              confidentiality or for any damages arising from the Subscriber’s inability to comply with these Conditions;

   6.1.5          comply with any security policy notified to it from time to time by Faircom and, in particular, ensure that all                                                      passwords and usernames provided to it by Faircom are at all times kept confidential, used properly and not                                                  disclosed to unauthorised people. If the Subscriber has any reason to believe that any password or username has become                          known to someone not authorised to use it or is being or is likely to be used in an unauthorised way or of any other breach                        of security then the Subscriber will change all such passwords and inform Faircom immediately;

    6.1.6        Provide to Faircom accurate and up to date contact  information, including full legal name, mailing address, telephone                                  number, and e-mail address, and ensure that all such contact information which it provides to Faircom are at all times true,                        current, accurate and complete. The Subscriber will promptly notify Faircom of any change to such details and                                                acknowledges that Faircom will not be liable for any loss suffered or incurred by the Subscriber as a result of its failure to                            notify such changes to Faircom; and

      6.1.7       promptly provide to Faircom and/or its consultants, employees and agents such information and assistance as they may                             reasonably require in order to be able to carry out the Services and any other obligations under the Agreement and will                               appoint a representative who is fully empowered and authorised to provide same;

6.2               The Subscriber agrees that it shall not:

6.2.1          use the Services or allow them to be used for any unlawful purpose or for the publication, linking to, issue or display of any                         unlawful material (including any pirated software or any material which is obscene, pornographic, threatening, malicious,                             harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is                     or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code);

6.2.2          use the Services or allow them to be used for the publication, linking to, issue or display of any material which in the absolute                    discretion of Faircom may harm Faircom or any of its associated companies or Subscribers or bring Faircom into disrepute;

6.2.3          use the Services and/or Subscriber System or allow them to be used to send spam;

6.2.4          do anything which may be dangerous or a nuisance or inconvenience or to disturb, threaten or abuse any Faircom personnel                    or other Faircom Subscribers.

  1. PAYMENT TERMS AND FEES

7.1      The Monthly Service Fee is payable 30 (thirty) days in advance via debit order and will not be refundable in whole or part if the                   Agreement or any relevant part is terminated during the period to which the payment relates, unless it is terminated by Faircom              without cause.

7.2      In the event that the date upon which the Subscriber first connects to the Network falls prior to the last 7 days of the month, the               debit order will be processed on the 1st business day of the following month. However, should this date fall within the last 7                       (seven) days of the month, the debit order will be processed on the 7th business day of the following month. The debit order shall             include:

7.2.1      a pro-rata charge of the Monthly Service Fee calculated from the Commencement Date up until the last day of the preceding                      month;

7.2.2      the full Monthly Service Fee for the month in which the debit order is processed;

7.2.3      the total cost of the router (if applicable).

7.3      Procedure regarding unpaid debit orders:

7.3.1 if the Subscriber’s debit order is returned unpaid, a notice stating that the Subscriber’s account is in arrears, will be sent to the                    Subscriber and the debit order shall be processed for a second time;

7.3.2 If the Subscriber’s debit order is returned unpaid twice in the same month, then in such event, the Subscriber’s Services shall be                disconnected and the Subscriber shall be liable to pay such unpaid fees prior to the services being reconnected;

7.3.3     Should the Subscriber’s account still remain in arrears 7 days after the Services has been disconnected, the Subscriber’s Services                shall be cancelled.

7.4        Should the Subscriber request the Services to be reconnected after it had been cancelled, the following provisions shall apply:

7.4.1    If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Octotel, Openserve, Frogfoot, Century               City Connect and/or Teralink,  the Subscriber shall be liable for payment of all unpaid Service fees and interest, together with a                   reconnection fee of R870.00 (Eight Hundred and Seventy Rand), which amounts must be paid prior to the Services being                               reinstated;

7.4.2    If the Open Access Fibre Provider relating to the Subscriber’s Agreement is Internect, then in such event the Subscriber shall be                  liable for payment of all unpaid Service fees and interest, together with a reconnection fee of R100.00 (One Hundred Rand),                        which amounts must be paid prior to the Services being reinstated

7.5       Any sums payable by the Subscriber to Faircom under this Agreement are inclusive of any applicable taxes, levies or duties                         payable by the Subscriber at the appropriate rate.

7.6      If Fees are not paid when due, the Subscriber will be liable to pay interest on any sum outstanding from the due date for payment              accruing at the prime rate plus 2% per month until paid, without prejudice to Faircom’s other rights and remedies (including the               right to disconnect  the Services).

7.7      All accounts that have overdue balances may be subject to s collection activities, and may be submitted to a third party collection              company in which event the Subscriber shall be liable to pay such collection fees upon presentation of an invoice.

7.8      All sums payable to Faircom under the Agreement must be paid in full without set off or deduction.

7.9      The following provisions shall apply with regard to Fee increases:

7.9.1   Faircom shall be entitled to increase the Fees stipulated in this Agreement, which increase will be relative to the consumer price               index;

7.9.2   If there is a price increase on components of the Services beyond the control of Faircom (for example: foreign exchange                              fluctuations, increased pricing on third-party products or services like software license fees, surcharges, taxes, import duties,                      rates or levies, increased charges from other network operators or delay caused by any instruction of Subscriber), then Faircom                shall be entitled to increase the Fees of the affected Service in proportion to the increase in cost;

7.9.3   Any increase as per the above will be given to the Subscriber in writing;

7.9.4   A Subscriber will have the right to terminate the Agreement with immediate effect if any such increases render the Service                          unaffordable to the Subscriber.  The Subscriber is to dispatch its notification in this regard via email to [email protected].                         Where  a Subscriber terminates the Agreement as per its rights under this clause 7.9.4, the Subscriber will remain liable for the                   payment of the Installation Fee and/or all equipment purchased from Faircom in accordance with clause 7.11 and clause 22.

7.10    Special offers sent via email shall only be valid for 30 (thirty) days from the date of the email advertising the special offer.

7.11    The Subscriber acknowledges that Faircom will be required to initiate a standard connection from the Network to the Subscriber                and that such connection will  incur a cost of  R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT)                 (“Installation Fee”) which shall be paid for by Faircom. Faircom shall offset the Installation Fee from the Monthly Service Fees                        received by the Subscriber over an initial 12 (twelve) or 24 (twenty four) month period (whichever period is applicable to the                        Subscriber) from the Commencement Date.  For the purposes of this clause, the following provisions shall apply in the event of                  an early termination:

 7.11.1 If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Octotel, Openserve and/or Frogfoot                   and the Subscriber terminates this Agreement within the first 24 (twenty four) months from the Commencement Date in                           accordance with clause 15 below, the Subscriber shall be liable for the repayment of the full Installation Fee of R1,725.00 (One                   Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT) which amount shall be paid via debit order and the                                  Subscriber hereby consents that his/her account being debited for this purpose;

7.11.2 If the Open Access Fibre Provider relating to the Subscriber’s Agreement and/or Services is Internect and the Subscriber                              terminates this Agreement within the first 12 (twelve) months from the Commencement Date in accordance with clause 15                        below, the Subscriber shall be liable for the repayment of the full Installation Fee (if applicable) of R1,725.00 (One Thousand                        Seven Hundred and Twenty Five Rand) (inclusive of VAT) which amount shall be paid via debit order and the Subscriber                                hereby consents that his/her account being debited for this purpose;

 7.12   Where there is a material deviation from the standard connection referred to in clause 7.11 above and such deviation causes the              Installation Fee to exceed the sum of R1,725.00 (One Thousand Seven Hundred and Twenty Five Rand) (inclusive of VAT), then the              Parties agree that the Subscriber shall make payment to Faircom for any amount in excess of R1,725.00 (One Thousand Seven                    Hundred and Twenty Five Rand) (inclusive of VAT)). Such amount shall be paid via debit order and the Subscriber hereby                              consents to his/her account being debited for this purpose.

  1. CONFIDENTIAL INFORMATION

8.1           The Subscriber shall:

8.1.1       keep confidential all information obtained from Faircom under or in connection with the Agreement (“Information”);

8.1.2       not disclose any Information to any third party without the prior written consent of Faircom except to such persons and to                          such extent as may be strictly necessary for the performance of the Agreement, in which case the Subscriber shall provide                          prompt notice of such mandated disclosure to Faircom;

8.1.3       not use any Information otherwise than for the purposes of the Agreement.

8.2          The provisions of clause 8.1 do not apply to Information which:

8.2.1       is or becomes public knowledge (otherwise than by breach of this clause); or

8.2.2       was in the possession of the party concerned without restriction as to its disclosure before receiving it from the disclosing                            party; or

8.2.3       is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.

8.3         The provisions of this clause 8 will continue to apply notwithstanding termination of the Agreement.

  1. INTELLECTUAL PROPERTY

9.1           The Subscriber acknowledges and agrees that it will not own or acquire any rights under this Agreement in any Intellectual                          Property in or relating to the Services or created in performing the Services and that it will have no other rights in or to the                          Services other than the rights expressly granted by the Agreement.

9.2           The Subscriber will indemnify Faircom from and against any and all costs, expenses (including without limitation) reasonable                       attorney fees, liabilities, injuries, losses, damages, claims, demands, and judgments that Faircom incurs or suffers as a result of                   any actual or alleged infringement of any Intellectual Property Right of any third party arising directly or indirectly from:

9.2.1       the provision by Faircom of Services making use of information or specifications supplied by the Subscriber;

9.2.2       the Subscriber’s failure to procure all necessary rights from third parties which are from time to time required in order for                          Faircom to be able legally to provide the Services; or

9.2.3       the use by Faircom in connection with the Agreement of the Subscriber System and the Subscriber Content.

  1. LIMITATION OF LIABILITY

10.1         The Subscriber expressly understands and agrees that, to the fullest extent under applicable law, Faircom shall not be liable                       for:

10.1.1     any direct, indirect, incidental, punitive, special, consequential, exemplary or other damages or losses sustained by the                                Subscriber, including without limitation, for loss of profits, goodwill, use, data, business or other intangible losses (even if                            Faircom has been advised of the possibility of the corresponding liability), resulting from:

10.1.1.1           the use of or the inability to use the Services;

10.1.1.2           the cost of procurement of substitute goods and services resulting from any goods, data, information, or services                                           purchased or obtained or messages received or transactions entered into through or from the Services provided                                           hereunder;

10.1.1.3           unauthorised access to or alteration of your transmissions, data, user configured settings, or upload content;

10.1.1.4           statements or conduct of any third party on the service; or

10.1.1.5           any other matter relating to the Agreement or the Services.

  1. FORCE MAJEURE

Other than with respect to the Subscriber’s payment obligations, neither Party shall be liable to the other Party for any failure to meet its obligations under the Agreement arising by reason of force majeure, which means, in relation to either Party, circumstances beyond the reasonable control of that Party including acts of God, acts of any governmental authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Faircom or the Subscriber, explosion, flood, epidemic, lock outs (whether or not by that Party), strikes and other industrial disputes (in each case, whether or not relating to that Party’s workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.

  1. BREACH

Should the Subscriber commit a breach of any of the provisions of this Agreement and fail to remedy such breach within seven (7) days after receiving written notice from Faircom requiring it to do so then Faircom shall be entitled, without prejudice to its other rights in law, to cancel this Agreement or to claim specific performance, in either event, without prejudice to  Faircom’s rights to claim damages.

  1. LEGAL COSTS

13.1          The Subscriber shall be responsible and liable for all and / or any legal costs on an attorney and own client scale, incurred by                      Faircom to recover any monies due by the Subscriber and / or occasioned by a breach of any of the terms and conditions                            contained herein by the Subscriber, which legal costs shall include tracing costs, collection commission and any related cost                       or expenses.

13.2          The parties hereby agree that this agreement is subject to the Law of South Africa and consent to the jurisdiction of the                                Magistrate’s Court should any claim arising out of the terms and conditions of this Agreement be beyond the jurisdiction of                        the Magistrate’s Court. Notwithstanding the aforesaid, Faircom shall have the right to take legal action against the Subscriber                     in any other Court of competent jurisdiction.

  1. NOTICES AND DOMICILIA

14.1          All notices to be given to Faircom in terms of this Agreement shall be given in writing and shall be addressed and delivered as                     follows:-

14.1.1       either by electronic mail to [email protected]; or

14.1.2        by hand delivery to 6th floor, 25 Protea Road, Claremont Terraces, Claremont, 7780.

14.2          The Subscriber hereby chooses the email address and billing address inserted on the Application Form as its domicilium                             citandi et executandi for all purposes.

  1. TERMINATION

15.1          Subject to clause 7.9 above, either Party may terminate this Agreement at its convenience by serving 20 (twenty) business                           days prior written notice to the other Party;

15.2          Notwithstanding any provision contained in this Agreement and any payments made in terms thereof, the Parties                                          acknowledge that upon termination of this Agreement for whatsoever reason, ownership of the fibre optic networks, last mile                    and infrastructure shall remain the sole property of Faircom.   

  1. ASSIGNMENT

16.1          The rights and obligations of the Subscriber may not be assigned, charged, delegated or transferred in any manner without                        the prior written consent of Faircom.

16.2          Faircom shall have the right to assign, in whole or part, its rights and obligations under the Agreement.

  1. VARIATION

This Agreement constitutes the entire agreement between Faircom and the Subscriber and supersedes all prior agreements between Faircom and the Subscriber. Faircom reserves the right to amend this Agreement from time to time, which may be effected by publishing any new version of the Agreement on https://faircom.co.za/. The Subscriber is required to visit https://faircom.co.za/ on a regular basis in order to determine whether any amendments have been made.

  1. WAIVER

No relaxation which either Party may give in regard to the performance of the other Party’s obligations in terms of this Agreement shall constitute a waiver of rights unless reduced to writing and signed by such Party.

  1. SEVERABILITY

Any provision which in any way contravenes applicable laws or regulations shall be deemed severable to the extent of such contravention, and the legality, validity or enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  1. CONSENT TO MARKET

Faircom and/or any of its subsidiaries shall at all times be entitled to communicate with and market its products and services to the Subscriber by way of flyers, email and/or SMS campaigns. The Subscriber consents to receiving correspondence and marketing material and shall have the right to opt-out of such communication and marketing at any time and shall provide Faircom with written notice to this effect.

 

  1. ROUTERS

22.1.             The Subscriber agrees to purchase the router directly from Faircom and further agrees:-

                         22.1.1.      to pay to Faircom the Monthly Service Fee’s or once-off charge in respect of the router (if applicable);

                         22.1.2.      that if the router is being paid by way of monthly installments, the full router fee is to be paid within the first 12                                             months from the Commencement Date;

                         22.1.3.      that ownership of the router shall vest in Faircom until such time as the Subscriber has settled the cost of the                                                 router in full;

                         22.1.4.      that in the event of failure of the router, Faircom shall in its sole discretion, repair or replace the router where                                                 such failure is covered by the warranty of the manufacturer of the router. Where the router is replaced, the                                                     Subscriber must return the original router to Faircom;

                         22.1.5.      to accept liability for any costs incurred by Faircom as a result of the repair or replacement of the router where                                               the router failure was caused by the Subscriber’s use, misuse or changes to the router other than as previously                                               agreed to in writing by Faircom.

22.2.            Where the Subscriber purchases the router in accordance with clause 22.2 above and has opted to pay for the router by                              way  of monthly instalments, and the Services are suspended and/or terminated within the first 12 months from the                                      Commencement Date, Faircom shall be entitled to compensation for the balance owing in respect of the router as at the                              date of the termination or suspension, which amount shall be paid via debit order and the Subscriber hereby consents to                            his/her account being debited for this purpose.

22.3.             Should the Subscriber request delivery of the router instead of collecting same from the offices of Faircom, the Subscriber                         shall be liable for a once-off delivery fee of R200.00 (Two Hundred Rand) which shall be paid with the first debit order                                   processed and the Subscriber accordingly hereby consents to his/her account being debited for this purpose.

  1. MEDIA CONVERTER (only applicable if the OAFP is Internect)

      23.1  A media converter shall be provided with a router when installation is completed.

      23.2 The media converter shall be provided at no charge, however should the Subscriber terminate the Services, the media                                 converter shall remain in the property/unit it was installed.  Should the media converter be removed, the Subscriber shall be                       charged a fee of R700.00 (Seven Hundred Rand), which fee shall be paid via debit order and the Subscriber hereby consents to                   his/her account being debited for this purpose.

 

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