No one really likes digging through the small print, but it’s essential to have these Terms and Conditions in place so that everyone is protected. However, we’ll try and keep them as simple and easy to read as possible.
The purpose of these rules is to protect both you as the customer and us as the service provider. This is the best way to prevent any problems that may disrupt the business relationship between us. If you have any questions regarding any of the points below then please e-mail us at hello@ftta.co.za and we will clear up any confusion.
We have tried to include everything that could cause a problem. Sometimes the terms of service are changed, so please revisit this page every now and then to keep yourself up to date on any changes that may affect you.
Fibre To The Apartment will send your computer generated invoices for all services rendered to you. All such invoices and credit notes will be sent to you via e-mail.
General
These terms and conditions govern the use of all of the Fibre To The Apartment connectivity services or any products that are accompanied by connectivity services. Fibre To The Apartment offers both capped and uncapped fibre services – please visit our website and go to our connectivity page for more information so that you can decide which product best fits your needs.
Your contract with Fibre To The Apartment is a legally binding document by which you agree to make use of our services in terms of the conditions of this Agreement.
You (the customer) or someone specifically appointed by you (the customer’s agent) must certify that you or the agent is above the age of 18 years, has full contractual capacity and is duly authorised by you as the Applicant to contract on your behalf.
Applicable Documents
The following legal provisions apply to the provision of the Fibre To The Apartment services and are binding on any subscriber to such service:
Service availability and confirmation of service availability
There must be fibre feasibility in your area of work or stay in order to subscribe to our fibre service. It’s best to confirm the availability on e-mail to hello@ftta.co.za. Service availability to any applicant is further subject to:
• Any credit checks which Fibre To The Apartment may, in its sole discretion, choose to carry out. For this purpose the applicant hereby authorizes Fibre To The Apartment to conduct credit checks and provide relevant information to any credit bureau as may be required for this purpose; and
• The applicant must comply with RICA customer registration requirements.
Payment and payment terms
Service fees are payable to Fibre To The Apartment monthly in advance through a debit order. Payment is due on the last working day of each and every calendar month. Billing will begin on the date on which service provision starts.
Term and termination
Fibre to the Apartment either operates on month-to-month contracts or 12-month contracts for FTTH, (Fibre to the Home), otherwise stated 1 or 2 year contracts for FTTB, (Fibre to the Business). FTTH which may be cancelled on receipt of a written notice 30 days before the termination date which will be the end of the month.
Fibre To The Apartment reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use. The company nevertheless undertakes to act in a reasonable manner in undertaking any such course of action.
Bandwidth top-ups
When subscribers have used up the bandwidth they have purchased for the month or when they reach the limit of their fixed cap, they will be hard-capped. This means that users will have no further access to the internet, additional bandwidth can be purchased at my.ftta.co.za even when capped and billed in arrears for the additional bandwidth.
Public IP’s
All accounts are enabled with our Public /30 IP’s and if any additional IP Addresses are required, they can be purchased.
Uncapped Fibre – Fair Use Policy
Fibre to the Apartment reserves the right to manage users with abuse behaviour patterns whilst retaining its uncapped nature.
Usage Monitoring
Fibre To The Apartment monitors subscribers’ bandwidth usage in order to ensure that bandwidth limitations are not exceeded. This monitoring is subject to the nature of the Fibre services CPE connection to our network. Fibre To The Apartment further reserves the right to take any necessary measures to monitor and calculate usage effectively, including terminating subscriber sessions by remote means.
If a subscriber exceeds the pre-purchased bandwidth or fixed cap then:
Fibre To The Apartment, at its sole discretion, may allow a degree of over usage. Any such over usage allowance is a discretionary indulgence on the part of the company and shall not in any manner constitute a waiver or relaxation of the company’s rights to enforce the hard cap.
Fibre To The Apartment may, at its sole discretion, recover the cost of the over usage from the subscriber’s fixed cap for the next month or from the next top-up purchased.
Fibre to the Apartment also monitors its systems for performance and accounting purposes. The information which the company garners through these mechanisms may be used to ensure that users are complying with the Acceptable Usage Policy.
Speedtests
Fibre To The Apartment (PTY) Ltd cannot guarantee speeds over a wireless connection. The performance of wireless connections are influenced by the environment and the quality is susceptible to external interference. Fibre To The Apartment (PTY) Ltd’s responsibility ends at your router and your IT service provider will need to investigate issues beyond the router. Fibre To The Apartment (PTY) Ltd will only accept speed tests from http://www.speedtest.net that have been done with a network cable plugged into the router and NOT over a wireless connection.
Subscriber usage management
Subscribers can manage their usage proactively to avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Fibre To The Apartment Usage Portal website my.ftta.co.za
Disclaimer and Limitation of Liability
Fibre To The Apartment accepts no liability for any loss or damage to the customer’s property or equipment arising out of the provision, installation or maintenance of their Fibre service.
APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.
Subscribers are solely responsible for all actions or internet activities that are authenticated by credentials (passwords or other information) associated with their account(s). Fibre To The Apartment advises clients to change their passwords regularly to avoid any security problems. The company accepts no liability for any loss or damage suffered by subscribers through the use or misuse of their passwords or other authentication credentials.
• The provision of upstream and network services by third-party providers;
• Fibre Feasibility/Network availability;
• Distance of the customer’s premises to the closes fibre man hole.
• Fibre To The Apartment reserves the right to refuse fibre service based on network, domain and/or equipment identifiers.
Fibre To The Apartment will not be liable to the subscriber or to any third party in respect of all and any damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the subscriber or third party, however these arise.
Indemnity
The customer indemnifies and holds FTTA harmless in respect of any damages, loss or costs or claims instituted against FTTA arising from any application or subscription to or use of the service or breach of the terms and conditions applicable to it.
Repairs
Fibre To The Apartment assumes that DSL service provision to a subscriber is in good working order until such time as the subscriber advises Fibre To The Apartment Support of any problems or service interruptions.
Any faults or service interruption should be reported by e-mailing hello@ftta.co.za or by calling the Fibre To The Apartment Client Services during office hours on 087 238 2085.
Depending on the circumstances of the service interruption and nature of the repairs required, either Fibre To The Apartment or Open Access ISP will be responsible for fixing the service. Repairs will optimally occur during office hours and the relevant service provider will strive to restore the FTTH/FTTB service in the shortest possible time.
If either Fibre To The Apartment or the telephony provider ascertains that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement, the subscriber will be liable for payment of the relevant call-out charge.
Service credit
The subscriber is entitled to a credit on the rental amount of the service for the duration of the interruption on a pro-rata basis. However this only applies if the fibre service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit excludes the line rental for the twenty four (24) hour period.
The calculation of time periods for the purpose of determining any credit for service interruption will only begin at the time when the fault is reported to Fibre To The Apartment Support. The credit will only be passed on request.
Cancellations
To cancel a service, a subscriber must give Fibre To The Apartment written notice no later than one calendar month before termination is required. Such notice will take effect on the first day of the month immediately following the end of the notice period.
Amendments
It is important to note that these terms and conditions are subject to change, due to a variety of factors. Subscribers must agree to revisit these terms and conditions regularly to check for updates. Fibre To The Apartment will highlight any changes that have been made.
Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Fibre To The Apartment.
Use at the client’s own risk
Fibre To The Apartment will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Fibre To The Apartment network and in no way moderates such content.
The client expressly agrees that use of Fibre To The Apartment’s server(s) and services are at their own sole risk. Fibre To The Apartment is not responsible for files and/or data residing on the client’s account. The client agrees to take full responsibility for any transfers of files and data and to maintain all appropriate backup of files and data stored on the Fibre To The Apartment web servers, including e-mail, databases and site content.
Refusal of services based on network, domain and/or equipment identifiers
Fibre To The Apartment reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.
Termination
Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the terms of payment, Fibre To The Apartment has the right (at its sole discretion) to demand immediate payment of the full amount owed and demand compliance forthwith with all the terms and conditions Alternatively the company may elect to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Fibre To The Apartment may have.
Fibre To The Apartment reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.
General provisions
The client confirms that all statements made in this application are true and correct. Fibre To The Apartment reserves the right to request proof thereof.
Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa.
Any form of abuse of Fibre To The Apartment’ staff will result in suspension or termination of services, irrespective of the form and medium of this abuse.
In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Fibre To The Apartment reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.