1.    DEFINITIONS AND INTERPRETATION

1.1.    Definitions

1.1.1.    “Agreement” means this document and the terms and conditions set out herein
1.1.2.    “Authorised Contact” is the cellphone number provided during Signup. Additional Authorised Contacts may be added by any existing Authorised Contact  by logging in to URL https://my.ftta.co.za, choosing the My Account Menu, then the Contacts menu and adding the details of the new Authorised Contact.
1.1.3.    “Business Day” means Monday to Friday excluding any public holiday as defined under the Public Holiday Act, 36 of 1994
1.1.4.    “Business Hours” means Monday to Sunday from 9am to 9om, but excluding Saturday, Sunday and any public holiday as defined under the Public Holiday Act, 36 of 1994; 
1.1.5.    “CPE” means the customer premises equipment, which is installed at the Customer’s premises where the fibre terminates and which is owned by the Parties; 
1.1.6.    “Body Corporate'' means the appointed representative of the owners of the Property who are responsible for managing and maintaining the common areas of such Property. ‘Body Corporate’ shall be deemed to include a HomeOwners Association or similar representative body, as the case may be; 
1.1.7.    FNO means Fibre Network Operator which is the company that has been appointed by the Body Corporate to install fibre in a property .
1.1.8.    “Customer” means a natural or juristic person occupying or residing in a portion of the Property where FTTA is the FNO  and  has ordered Internet Services;
1.1.9.    “Call Out” means a technician is requested to go to a Customer’s premises. 
1.1.10.  “Calendar Month’s Notice” means the service change will happen at the end of the following month after which the notice was given. As an example, if notice is given on the 8th of January, the cancellation will happen at midnight on the last day of February.
1.1.11.    “ECA” means the Electronic Communications Act 36 of 2005, as amended from time to time, and any regulations, as may be amended or replaced from time to time; 
1.1.12.    “ECNS” means any electronic communications network service as defined under section 1 of the ECA, whereby a person makes available an electronic communications network, whether by sale, lease or otherwise, for that person’s own use and for the provision of an electronic communications service or broadcasting service; to another person for that other person’s use in the provision of an electronic communications service or broadcasting service; or for resale to an electronic communications service licensee, broadcasting service licensee or any other service contemplated in the ECA; 
1.1.13.    “ECS” means any electronic communications service, as defined under section 1 of the ECA, provided to the public, sections of the public, the State, or the subscribers to such service, which consists wholly or mainly of the conveyance by any means of electronic communications over an electronic communications network, but excludes broadcasting services;
1.1.14.     “URL” means Universal Resource Locator most commonly used as a means to locate a webpage on the Internet and is prefixed by http:// or https://
1.1.15.    “FTTA” means FTTA Proprietary Limited, Registration number 2017/436711/07, a private company incorporated in terms of the laws of the Republic of South Africa and licenced by ICASA in terms of the ICASA Act to be a holder of both and ECS and ECNS licence.
1.1.16.    “Facial Recognition” means to electronically be able to identify a customer from their face.
1.1.17.    “Fault” means that the Internet Service is offline.
1.1.18.    “Minor Fault” means the Internet Service is online but appears not be working to specification
1.1.19.    “Customer Query” a customer requests information from FTTA or requires a change to be made with respect to his information on record, billing or Internet Service
1.1.20.    “Network Fault” means an event that has damaged the Network Infrastructure and/or an event that has caused multiple simultaneous Faults within one or more MDU’s
1.1.21.    “Landlord” means the owner of the MDU or the Body Corporate or the Home owners association
1.1.22.    “MDU” means the multiple dwelling units which share a common boundary, being the Property owned  by the Landlord as defined in the Contract Data. The terms ‘Property’ and ‘MDU’ shall be interchangeable, as the context requires.
1.1.23.    “Network Infrastructure” means the last mile optical fibre network infrastructure that is installed in the MDU
1.1.24.    “MDU Infrastructure” means existing underground ducts or similar pre-existing infrastructure installed in the Property, if any; .
1.1.25.    “VAT” means Value Added Tax as defined in the VAT act currently charged at 15 (fifteen) percent.
1.1.26.    “Parties” means the Customer and FTTA
1.1.27.    “Signature Date” means the date on which the Customer placed their first order with FTTA.
1.1.28.    “Signup” means the process of the Customer requesting a service from FTTA either online via a URL where the order is captured or offline via an order that is completed on paper.
1.1.29.    “Service” means the product or products ordered during Signup.
1.1.30.    “Service Provider” means any FTTA approved ECS and or ECNS licensed entity entitled to provide its services to the Customer over the FTTA Network;
1.1.31.    “Unshaped Service” means that FTTA will not interfere with the Customers Internet in any way by prioritizing some Internet Services over others in order to oversell the Internet Service to which the Customer has subscribed. 
1.1.32.    “Unthrottled Service” means FTTA will not arbitrarily slow the customer's service down for any reason.
1.1.33.    “Uncapped Service” means the service is not stopped when a usage threshold has been met.

1.2.    INTERPRETATION

1.2.1.    When any number of days is prescribed in this Agreement,  this shall be construed as excluding the first day and including  the last day unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
1.2.2.    The use of any expression in this Agreement covering a process available under South African law shall, if any of the Parties to this Agreement is subject to the law of any other jurisdiction, be construed as including any equivalent or analogous proceedings under the law of that jurisdiction.
1.2.3.    Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to that clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this clause 1.
1.2.4.    Any reference in this Agreement to a Party shall, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be.
1.2.5.    Unless the context otherwise requires, the singular includes the plural and vice versa; words indicating a gender includes the other gender; and words indicating natural persons shall include juristic persons.
1.2.6.    Any provisions of this Agreement which either expressly  or  by  its  nature  extends  beyond the expiration or termination of this Agreement shall survive such expiration or termination.
1.2.7.    All fees mentioned in this agreement are inclusive of VAT and may be at the discretion of FTTA increased with inflation on the 1st of March each year.

2.    THE AGREEMENT AND FORMALITIES

2.1.    FTTA is a holder of both and ECNS and ECS licence holder which gives it the right to install Network Infrastructure in MDUs as well as provide Internet Services over this infrastructure
2.2.    The Customer has ordered a Service from FTTA and the terms and conditions of this service are governed by this Agreement.
2.3.    The customer agrees to pay for the Service regardless of whether they use the Service or not or whether the Service is operational or not. Until such time as the service is formerly cancelled or paused in terms of Clause 3 of this agreement. 

3.    TERM AND TERMINATION

3.1.    The Service is provided to the Customer on a subscription basis and billing will continue monthly unless formerly cancelled.
3.2.    This is not a pay as you use or a prepaid service where the Customer is only required to pay if the Service is used. The Customer agrees to pay for the Service by the first of each month regardless of whether they use the Service or not or, whether the Service is operational or not or whether the Service is suspended due to non-payment or not.
3.3.    The Service can only  be terminated if the request comes from an  Authorised Cell via Whatsapp
3.4.    A Calendar Month’s notice is required in order to terminate the account.
3.5.    The customer will be liable for all amounts reflected on the FTTA statement from signup to the date on which  the Service terminates.
3.6.    Default Termination will occur two Calendar months after the Customer defaults on payment. As an example if payment was due on 1st of January the Service will suspend on or around the 7th of January, if the Customer has still not paid by the 10th of February then this will initiate the Calendar Months Notice period and the account will terminate at midnight on the last day of March. In this example the Customer will be liable for all amounts invoiced up to and including the last day of March. If the Customers settles his outstanding balance any time prior to the termination date, the Customer will still be liable for all amounts invoiced even for the period the service was suspended. If the Service terminates as a result of default termination and the Customer wishes the service to be reinstated at any time after the termination date of the Service it will be treated as a new order and an activation fee will be charged.
3.7.    The Customer may request a Service to be paused on two occasions during a 12 month period starting 1 January each year and terminating 31 December each year. The pause may be for a maximum of three months. A pause fee  of R150 will be charged for each pause. The pause fee may be subject to annual increases. A pause may only be requested by an Authorised Contact via Whatsapp and a paused start date and a pause stop date needs to be provided.   

4.    SERVICES PROVIDED

4.1.    Service Description
4.1.1.    FTTA will provide the Customer a Fibre Internet Service which is Unshaped, Uncapped and Unthrottled at speeds up to 1000Mbps.
4.1.2.    FTTA will provide  “Free to Use Equipment” being the router, media converter and power supplies. This means the router, media converter and power supplies are provided to the Customer at no cost, however the Free to Use Equipment remains the property of FTTA. Should all or parts of the “Free to Use Equipment” be removed from the apartment or damaged by the Customer the Customer will be invoiced for the replacement costs which is documented under the section “Additional Charges” 
4.1.3.    The speed quoted is the speed that is achievable when plugged in via an ethernet cable to the ethernet port on the FTTA router. The Customer will be able to achieve 
             speeds at least 75% of the quoted speed when measured at https://speedtest.mybroadband.net and when plugged in via the ethernet cable
4.1.4.    The router provided is wifi capable. The speed over wifi will be impacted by interference, the configuration of the room and any walls the wifi may traverse between the Customer and the router. If connected via wifi in the same room at the router, the following speeds are achievable per device depending on whether the device can use 2.4Ghz  and 5Ghz spectrum on wifi 5 and the 5Ghz spectrum on wifi 6
4.1.4.1.      2.4Ghz, 80Mbps 
4.1.4.2.      5Ghz, 250Mbs 
4.1.4.3.      5Ghz on wifi 6, 350Mbs 
FTTA does not guarantee that the Free to Use router will provide wifi coverage to the entire apartment. FTTA can recommend a wifi specialist at an Additional Charge (see A section) to provide a heatmap documenting wifi interference and a recommendation as to what additional equipment needs to be purchased or rented in order to provide coverage to the entire apartment.

4.2.    Support
4.2.1.    Support, unless otherwise notified via email and/or whatsapp, is provided 9am to 9pm everyday. There is no telephonic support.
4.2.2.    There is an Artificial Intelligence Agent that can answer the majority of the support queries that is available 24/7.
4.2.3.    Support requests need to originate from an Authorised Cell otherwise no assistance will be given.
4.2.4.    Support is provided for the Free to Use Equipment only. Support is not provided for printers, TVs, laptops or any other device not installed by FTTA. The customer may request Network Support as documented under Additional Charges
4.2.5.    Should the Customer elect to use their own router, they will need to ensure the Free To Use Router is in place before requesting support. Alternatively they may request Network Support which is documented under additional charges.

4.3.    Service Levels
This is a service designed for home users and consequently no service credits are offered if the Service becomes unavailable for any reason. Below is a table of the maximum wait time to expect depending on the type of event. FTTA will endeavour to beat the times documented below should resources be available, however during peak times of the year this may not be possible. In these situations the customer may elect an expedited Services in which case FTTA will source additional resources, the cost of those services are passed on to the customer as documented under Additional Charges. 

4.4.    Additional Charges
In rare situations the customer may incur additional charges. This can be elective in the event the Customer wishes something expedited or requires additional paid support or non-elective if there is something damaged or removed that needs to be replaced. FTTA installers take pictures of their work, if a fault occurs and the installation is different to how it was installed, Additional Charges will be incurred.

4.5.    Prohibited Use

4.5.1.       Illegal Activity
Any activity that aids or abets any criminal activity is prohibited. This includes but is not limited to : 
4.5.1.1.    Identity theft
4.5.1.2.    Phishing
4.5.1.3.    Crypto currency scams
4.5.1.4.    Distribution or downloading of copyrighted material
4.5.1.5.    Child pornography
4.5.1.6.    Unsolicited bulk emails (spam)
4.5.1.7.    Initiation of Denial of Service Attacks
4.5.1.8.    Attempting to penetrate third party networks and/or services
4.5.1.9.    Hacking
4.5.1.10.  Distribution of malware and/or viruses
4.5.2.      Network Abuse
4.5.2.1.    Attempting to circumvent any security policies that may be in place, which includes but is not limited to attempting to gain login credentials of any other Customer’s router or any of FTTA’s switches, routers, firewalls or billing systems
4.5.2.2.   Sustaining multiple Terabytes of downloads and/or uploads over multiple consecutive months.
4.5.3.     Sharing/Aggregating/Reselling a Service
A service may not be shared across an apartment boundary even if the additional apartments are owned by the same person. The price of the service has been calculated based on the number of distinct apartments in an MDU. A Landlord or Customer may not subscribe to a single service for the MDU and resell that service or offer the service free to every other apartment in the MDU by aggregating it to the single service. In the event FTTA discovers that there is sharing or aggregation of multiple units  to a single service FTTA reserves the right to terminate the service and/or invoice the Customer from the date of the infringement the cost of the most expensive service offered in that MDU multiplied by the number of units sharing that service.
4.5.4.    Moving/Tampering with an installation
FTTA has timestamped photographic records of how a Service was installed. The Customer may not change the original installation in any way.

5.    BILLING AND PAYMENT

5.1.    Billing commences from the date on which the Service is installed, this may coincide with the date on which the Signup occurred if there was an existing working installation in the Customer’s unit which needed to be re-activated or a few days after Signup occurred if a new installation needs to be provisioned
5.2.    FTTA may charge interest at the Prime interest rate+3% on all amounts not reflected in FTTA’s bank account on the due date.
5.3.    No installation fee is charged however a small activation fee is charged irrespective of whether there is a working installation in the apartment or not. This circumvents the situation where the first customer in the unit is unduly penalised by having to absorb the cost of the full  installation fee which is then not paid by any subsequent customers in that apartment.
5.4.    Services are billed on or around the 10th of each month for the following month’s Services in advance and are due on the first of the following month. This means the Customer’s first invoice includes: 
5.4.1.    The prorated amount from the date the Service was installed till the end of the current month
5.4.2.    The billing for the following month’s Services in advance
5.4.3.    An activation fee
After the first invoice, the following month’s invoice will include the monthly subscription  only (assuming no additional products are procured)
5.5.    The Customer will receive a copy of their invoices and statements via email to the email address provided on Signup on or around the 10th of every month or when an additional Service has been activated or when the account is in arrears and an arrears notice is sent. The customer may allow additional customers to receive invoices by logging into https://my.ftta.co.za, going to My Account menu, then Contacts and adding an additional contact as well as checking the checkbox “receive invoice”
5.6.    We use a third party provider (igenface.com) to protect the Customer’s  bank details via Facial Recognition and the Customer grants us permission to share their face, their identity or passport number and their cell number with igefenface.com as well as allow them to store a copy of any documents that may require the Customer’s signature.This information will  NOT be used for marketing purposes.
5.7.    Payment can be made in one of three ways:
5.7.1.    Via debit order: 
In order to pay via debit order, the Customer needs to go to https://help.ftta.co.za and say: “I want to go on debit order”. The Customer will receive an sms from igenface.com. When the Customer clicks on the link, they will be asked to take a picture of themselves. Having done so they will receive another SMS from igenface.com with a link to a debit order mandate that the Customer needs to sign electronically.
The Customer needs to provide a South African transmission, current or savings account to debit. FTTA will not accept mandates that request bond accounts, special savings accounts or Credit Cards to be debited. By default the debit order will debit the Customer’s bank account on or around the 27th of the month for all amounts reflected on the Customer’s statement that will become due on  the first of the following month.
The customer may request that their bank account be debited on the 1st of the month as an alternative to the 27th and FTTA in their sole discretion may agree to this.
5.7.2.    Via EFT:
On each invoice and statement, along with FTTA bank details, a unique beneficiary reference is provided. This reference is labelled as Reference on the invoice and appears underneath FTTA’s bank details.
When paying via EFT the Customer is required to use this reference as the “beneficiary reference” or “their reference” when setting up a Bank Beneficiary. The reference needs to be copied exactly without spaces. 
If the Customer fails to use the correct reference or the reference is misspelt the payment will not be received and the account may be suspended in error. The Customer will be required to provide a Proof of Payment from their bank in order to locate this payment, a process that may take up to 72 working hours. Should the account be suspended at this time the account will remain suspended until the payment is located. 
Should the customer use the incorrect reference on more than one occasion a R50 admin fee will be levied from the second occasion onwards in order to manually locate the payment
5.7.3.    Via the Customer Portal: 
The Customer should log into the Customer Portal at https://my.ftta.co.za. Once the Customer has logged in they should go to the “my account menu” then the debtors menu and click the  Pay Now button. This is the ONLY method of payment which ensures the account is unsuspended immediately.

6.    SECURITY AND PROTECTION OIF INFORMATION

6.1.       In order to protect the customer, FTTA will only take instruction from an Authorised Contact with respect to
6.1.1.    Any billing changes 
6.1.2.    Upgrades or Downgrades or Service Changes
6.1.3.    Terminating a Service
6.1.4.    Pausing a service
6.1.5.    Logging a Fault 
6.1.6.    Authorising both a paid and unpaid Call Out
6.1.7.    Providing Customer personal information
6.1.8.    Providing Invoices, Statements, Credit Notes
6.1.9.    Offering support
Note that it is not sufficient to be able to recite the Authorised Contact’s cell phone number. In order to authorise a request, the request needs to originate from the Authorised Contact’s cellphone as this proves that the person making the request is in possession of the cell that was used during Signup.
6.2.      FTTA protects its Customer’s banking details and selected documents via Facial Recognition which is a service provided by igenface.com (“IgenFace”) Should the Customer use of this service he consents to the use of his Name, Surname, identity number , cellphone number and one or more photographs of his face, which will be used for the sole purpose of verifying the document in question.
6.3.      FTTA makes use of independent contractors who are given the Customers Name, Surname, cell phone number and address where the service is located in order to install or fix a service.
6.4.      FTTA uses a Customer Management System provided by www.solidsystems.co.za. (“Solid System”) Any support agent or Solid System developer making use of this system is able to view some or all the Customer’s private information captured during Signup and you consent to this.
6.5.      FTTA uses Whatsapp Groups and Whatsapp Communities to support Customers. The Customer needs to opt-in to these support channels via an invite link, by doing so the Customer’s cell phone number will be visible to all other members of this group. There are however private channels (email and whatsapp support) that can be utilised for any matters you deem to be personal or do not want to address on the group.

7.    CHANGES TO TERMS
FTTA reserves the right to amend the terms of this agreement by giving the Customer notice via Whatsapp and/or email.

8.    DISPUTE RESOLUTION

8.1.    Committee. 
Any dispute which arises between the Parties shall first be referred to FTTA  in writing and FTTA  will use its best endeavours to resolve the dispute within 14 (fourteen) days of the dispute having been referred to            it.

8.2.    Severability. 
Clause 7.1  is severable from the rest of this Agreement and shall remain valid and binding on the Parties notwithstanding any termination of this Agreement.

9.    DOMICILIA AND NOTICES

9.1.     Addresses.
 The Parties select as their respective domicilia citandi et executandi the physical addresses listed on the FTTA invoice  Likewise, the Parties choose all the addresses set out on the FTTA invoice  for the purposes of giving or sending any other notice provided for or required hereunder, or such other address or fax number as may be substituted by notice given as herein required.

9.2.     Change of Address.
Either Party may give written notice to the other, change its domicilium to any other physical address in the Republic of South Africa and its fax number to any other South African number. In the case of the Customer, the change may be made via the portal https://my.ftta.co.za and the change will be in effect on the issuance of the following FTTA invoice.

10.    LIMITED LIABILITY
To the fullest extent permitted by applicable law,FTTA , including its officers, directors, employees, agents, contractors, subcontractors, and affiliates (collectively, the "Protected Parties"), shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with this Agreement, regardless of whether such damages were foreseeable or whether the Protected Parties were advised of the possibility of such damages. The total aggregate liability of the Protected Parties for any claims, losses, or damages arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Customer to FTTA under this Agreement during the twelve (12) months preceding the event giving rise to the claim.

This limitation of liability shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.

11.    NON VARIATION
No addition to, amendment, variation, consensual cancellation, or novation of this Agreement shall be of any force or effect unless it is reduced to writing and signed by duly authorized representatives of all parties to this Agreement. Any purported variation or amendment not made in accordance with this clause shall be null and void and of no legal effect

12.    GOVERNING LAW AND JURISDICTION
This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter, or its formation, shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. The parties irrevocably agree that the courts of the Republic of South Africa shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.