At RSAWEB, we’re offering great Fibre specials – providing faster speeds at the lowest Octotel Fibre prices in South Africa and helping you stay online during load-shedding with a mini-UPS!
- Order before 31 May and only pay R385 per month until 30 June 2022*
- 35 Mbps Download Speed
- 25 Mbps Upload Speed
- Free To Use Router*
- Free Setup*
- Delivery Fee payable for hardware*
- Order before 31 May and only pay R545 per month until 30 June 2022*
- 50 Mbps Download Speed
- 50 Mbps Upload Speed
- Free To Use Router*
- Free Setup*
- Delivery Fee payable for hardware*
- Order before 31 May and only pay R685 per month until 30 June 2022*
- 100 Mbps Download Speed
- 100 Mbps Upload Speed
- Free To Use Router*
- Free Setup*
- Delivery Fee payable for hardware*
- Order before 31 May and only pay R785 per month until 30 June 2022*
- 200 Mbps Download Speed
- 200 Mbps Upload Speed
- Free To Use Router*
- Free Setup*
- Delivery Fee payable for hardware*
- Order before 31 May and only pay R985 per month until 30 June 2022*
- 1000 Mbps Download Speed
- 200 Mbps Upload Speed
- Free To Use Router*
- Free Setup*
- Delivery Fee payable for hardware*
Network Providers are area dependant. Please check availability for your address to see who you are covered with.
Terms and Conditions
Octotel Fibre Your Internet Promo 2022
The RSAWEB Octotel Fibre Your Internet Promo is valid for sign-ups from 1 April 2022 until 31 May 2022 in all Octotel Fibre Network areas (except Sedgefield, Struisbaai & Bredasdorp). The discounted monthly service fees are payable from the time your fibre service goes live and is activated until 30 June 2022. From 1 July 2022 you will be debited for the standard monthly service fee, as indicated below:
All Octotel Areas, except Struisbaai, L’Algulhas, Sedgefield & Bredasdorp:
35/25Mbps will revert from R385 to R645 per month
50/50Mbps will revert from R545 to R755 per month
100/100Mbps will revert from R685 to R955 per month
200/200Mbps will revert from R785 to R1125 per month
1000/200Mbps will revert from R985 to R1375 per month
These discounted monthly service fees are only valid for new orders placed between 1 April 2022 and 31 May 2022 with RSAWEB on the Octotel Network in all areas (except Sedgefield, Struisbaai & Bredasdorp). The promotional monthly service price is applicable from the date of activation until the end date of the promotion (30 June 2022). The promotional price is applicable from the date of activation until the end date of the promotion. The promotion price is applicable to live buildings in live and pre-order areas that go live within the promotion period. Should the fibre only be activated after the price promotion period, then the standard monthly service fee will be payable. Existing RSAWEB customers cannot downgrade, upgrade, or cancel and re-order Fibre for their existing address to receive these discounted prices. RSAWEB reserves the right to amend or terminate the discount without any notice. If the fibre internet service with RSAWEB is downgraded, the customer will be liable to pay an R250 downgrade fee. If the customer cancels or downgrades within 12 months they will be liable to pay back the value of the promotional offer received during their initial 12 month period with RSAWEB, i.e. the difference between the standard monthly service fee and the discounted monthly service for every month the discount was applied. If the customer cancels or downgrades within 12 months they will be liable to pay back the value of any free or reduced installation and/or connection fees, as well as any free gifts such as the mini-UPS valued at R1800. Errors & omissions excepted (E&OE).
All packages are for residential signups only. Businesses, unfortunately, cannot sign up for these packages. We commit to keeping our coverage data as accurate as possible, but we are reliant on the maps that are given to us by the Fibre Network Operators which could result in slight inaccuracies at times. Installation fees and line rental fees are prescribed by the Fibre Network Operators (FNO). Pricing can change if mandated by the FNO, RSAWEB will always provide 1 (one) months’ notice to advise of any price changes.
The standard installation time for October is about 2-4 weeks, for live buildings in live areas. Installation times are not guaranteed.
RSAWEB Covers this fee on your behalf if you cancel or are suspended due to non-payment this fee will be clawed back. Octotel installations including trenching, of less than 20 running meters are at no cost to the end-user. Installations involving distances of more than 20 running meters will be charged to the end-user, subject to prior agreement on pricing.
If you cancel within 12 months of going live, you are liable to pay the R1 725 Installation fee. The installation fee does not apply if you already have a fibre line installed that is not damaged and still active, however, the connection fee (R863,00) will still be applicable upon cancellation. One calendar month notice period is needed for the cancellation of your services. Please note you are responsible for canceling your existing services such as ADSL or fibre with another provider (if applicable) when signing up with RSAWEB. All cancellations must go to [email protected] to be processed. You will receive a cancellation form to complete accepting any relevant T’s and C’s, cancellations will be accepted upon completion of this process.
Moving Your Fibre Service
Moving home is treated as a cancellation as your ONT cannot be moved and is fixed to the premises. Should the next tenant take over your service, we will transfer the service at no cost to you. Contact [email protected] if this is the case. If you have been an RSAWEB client for less than your contract term and resume your service at your new home, you will not pay a cancellation fee and the remainder of your previous contract will be added to your new contract. If the provider considers moving an ONT box or fibre line for any reason as a re-installation, a fee of R1725 will be charged.
The router is free to use but remains the property of RSAWEB for the duration of your service. We fully insure your free-to-use router, so in the event of accidental damage or theft, we will replace it (T’s&C’s Apply*). Should you cancel your service the router can be purchased for the retail value of the router or returned to RSAWEB in its original condition. Please include your name and RSAWEB customer code when returning your router. If we do not receive your router within the 10-day router-return period, you will be billed for it, and it will become your own. The router will no longer be insured by RSAWEB, and we will not accept responsibility for any damage or defaults. No router returns will be accepted any later than 10 days after your account was deactivated. All courier costs involved in returning the router are for your own account. You will be charged the original retail value of the router. Please ensure that the LAN cable, power cable and anything else included in the router box is returned, as you can be billed for any missing items. RSAWEB routers are recycled, as part of our effort to reduce our carbon footprint, we refurbish our pre-owned routers. Rest assured that it has been cleaned, checked, and restored to “good as new” status.
Free Wi-Fi Assessment
Please note, during the lockdown period, onsite support is limited. Only issues deemed as critical will be considered for onsite support. Onsite support for critical issues is at the sole discretion of RSAWEB and only available in Cape Town and Johannesburg areas. For remote support please contact us on 087 4700 000 or email [email protected]
You can only refer up to 5 friends. You only receive your credit when your friends sign up and get connected. The referral program is only applicable for Fibre to the Home Referrals.
The switch promo will only be successfully applied once all required documentation is supplied: the latest invoice from the previous ISP stating the same address and customer name as the fibre order placed with RSAWEB, i.e. the customer name and address for fibre order placed with RSAWEB must match the latest ISP invoice. Should the documentation not be supplied or the name and/or address is not the same on the invoice then the Switch promotion will not be applied.
Delivery Fee of R195 is payable on all hardware ordered including but not limited to the free-to-use router, SIM cards and any additional hardware purchased or gifted like a mini-UPS device. The delivery fee is payable in full on the first invoice.
Should a customer upgrade their connectivity service to a package that requires a different or upgraded router from RSAWEB a courier surcharge of R390 is applicable for unforeseen hardware swap out carrier costs (R195.00 collection fee of the current router and R195 delivery fee of the new router).
RSAWEB customers who are moving to a new residence must use the original RSAWEB supplied free-to-use router at their new residence when migrating their connectivity service. If upgraded service is ordered for the new residence and requires an upgraded router, then courier collection and delivery fees apply.
Delivery in outlying areas may be delayed by 24 – 72 hours, as these areas are only serviced by the courier 1 -2 times a week
If a customer selects to pay for discounted hardware upfront, and the client cancels their connectivity service the sum of the discounted amount will be billed upon cancellation.
Customers are responsible for ensuring that the hardware they have selected upon signing up is correct. Only hardware selected at check out and confirmed via email confirmation will be included in the initial delivery from RSAWEB. Any incorrect hardware or hardware not included in the confirmed order will be billed separately and applicable courier fees will apply.
The warranty of our hardware does not apply and is void with respect to:
-Failures or defects caused by misuse, abuse, accidents, physical damage, abnormal operation, improper handling and storage, neglect, exposure to fire, fluids, hazardous materials, Chemicals, spills of food or liquids, acts of god or cosmetic damage
-Any Hardware which has been, modified or altered by anyone other than RSAWEB
-The product that has been improperly installed or maintained
-Hardware not supplied by RSAWEB
-Other circumstances beyond the reasonable control of RSAWEB.
GENERAL TERMS AND CONDITIONS
These definitions shall apply equally to all documents which form part of the Agreement:
1.1. “Acceptance Date” means the date on which the Customer accepted the Agreement and this may include acceptance in writing, telephonically or electronically, such electronic acceptance includes clicking “I agree” on a web page or on your mobile device;
1.2. “Agreement” means:
1.2.1. these Terms and Conditions;
1.2.2. the FTTH Terms and Conditions;
1.2.3. the AUP;
1.2.4. the FUP;
1.2.5. the Application Form completed by the Customer in order to contract for the Services and Products with RSAWEB; and
1.2.6. any addendum concluded by RSAWEB and the Customer.
1.3. “Application Form” means the documents, including in an electronic form, on which the Customer, amongst other things, applied for the provision of the Services and Products by RSAWEB;
1.4. “AUP” means RSAWEB’s Acceptable Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.5. “Business Days” means any day other than a Saturday, Sunday or a public holiday officially recognised as such in the Republic of South Africa;
1.6. “CPA” means the Consumer Protection Act, 68 of 2008;
1.7. “Customer” means the person referred to as such on the Application Form and who utilises or has applied to utilise RSAWEB’s Services and Products and who is bound to the Agreement;
1.8. “Effective Date” means the date on which RSAWEB gives the Customer access to and/or enables the Customer to use the Services and Products;
1.9. “Equipment” means any device, equipment or hardware used to access the Services and Products or used in conjunction with the Services and Products and which shall include the router;
1.10. “FNO” means a fibre network operator who, amongst other things, builds and owns the physical infrastructure that is used to deliver fibre;
1.11. “FTTH” means fibre to the home;
1.12. “FTTH Terms and Conditions” means the terms and conditions which are applicable to the Customer’s use of the FTTH;
1.13. “FUP” means RSAWEB’s Fair Usage Policy which shall form part of this Agreement and which policy the Customer agrees to adhere to;
1.14. “Installation Fee” means the fee payable for installing the FTTH line and which fee will differentiate between the specific FNOs;
1.15. “Intellectual Property Rights” means patents, registered designs, trademarks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights;
1.16. “ISP” means Internet Service Provider;
1.17. “Juristic Person” means a company, close corporation, a body corporate, partnership, association or trust;
1.18. “Malicious Code” means anything that contains any computer software routine or code intended to:
1.18.1. allow unauthorised access or use of a computer system by any party;
1.18.2. disable, damage, erase, disrupt or impair the normal operation of a computer system;
1.18.3. and includes any back door, time bomb, trojan horse, worm, drop dead device or computer virus.
1.19. “Parties” means RSAWEB and the Customer collectively and “Party” shall mean either of them as the context may dictate;
1.20. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 70 of 2002;
1.21. “Router Fee” means the fee payable for the FTTH router;
1.22. “RSAWEB” means RSAWEB (Pty) Ltd, a private company registered as such in South Africa;
1.23. “RSAWEB’s System” means equipment operated together as a system by RSAWEB to provide any Services and Products, including, without limitation, servers, peripherals, routers, switches, cables, software, databases, generators;
1.24. “Services and Products” means the provision of internet services, information technology services and any other products or services related thereto, provided by RSAWEB to the Customer and as specifically applied for by the Customer on the Application Form;
1.25. “Service Fee” means the amount payable by the Customer to RSAWEB for the Services and Products;
1.26. “Terms and Conditions” means these General Terms and Conditions as stipulated herein;
1.27. “Uncontrollable Event” means, inter alia, any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder or any other cause beyond the reasonable control of RSAWEB including the termination or suspension of a service or product provided by an FNO and / or a third party supplier, that may result in a delay or a failure to provide any Services and Products;
1.28. “VAT” means value-added tax charged in terms of the VAT Act;
1.29. “VAT Act” means the Value-Added Tax Act, 89 of 1991.
2. CONSUMER PROTECTION ACT, 68 OF 2008
2.1. To the extent that there is any inconsistency between the Agreement and the CPA, the CPA shall take precedence.
3.1. The provisions of the Agreement shall be effective from the Acceptance Date and shall endure indefinitely until it is cancelled in terms of the Agreement. RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
3.2. The Customer is solely responsible for ensuring that their choice of the Services and Products conforms to their requirements or desired outcome. RSAWEB will not be liable should the Customer select the incorrect Services and Products.
3.3. The Parties agree that, in the event that RSAWEB is unable to activate the Services and Products which the Customer has applied for within 30 (thirty) days of the Acceptance Date (or such extended period as RSAWEB may advise) due to an Uncontrollable Event, the Agreement will automatically terminate and neither Party shall have any liability to the other as a result of the termination.
3.4. Should the Agreement be for a fixed term (such fixed-term having been selected by the Customer as a contract option, namely, either 1 (one) month, 12 (twelve) months or 24 (twenty-four) months from the Effective Date (either of these periods hereinafter referred to as “the Initial Period”):
3.4.1. and should the Customer be a natural person,
188.8.131.52. the Customer may:
184.108.40.206.1. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s (from 1st of the month to the last day of the month) notice by logging a support ticket by emailing [email protected]; or
220.127.116.11.2. on at least 20 (twenty) Business Days written notice to RSAWEB at any time prior to the expiry of the Initial Period by emailing [email protected];
18.104.22.168.3. alternatively, should the Agreement not be cancelled as per clauses 22.214.171.124.1 or 126.96.36.199.2 above, it will automatically continue on a monthly basis and will be terminable by either RSAWEB or the Customer on a calendar month’s (from 1st of the month to the last day of the month) written notice to the other Party.
188.8.131.52. RSAWEB may:
184.108.40.206.1. should the Customer have materially breached the Agreement, terminate the Agreement if the Customer fails to rectify the breach after 20 (twenty) Business Days’ notice from RSAWEB calling upon the Customer to rectify its breach;
3.4.2. and should the Customer be a Juristic Person, the Customer may:
220.127.116.11. not cancel the Agreement during the Initial Period other than due to a material unremedied breach committed by RSAWEB; or
18.104.22.168. cancel the Agreement on the expiry of the Initial Period and, in order to do this, shall provide RSAWEB with one calendar month’s notice by logging a support ticket by emailing [email protected];
22.214.171.124. alternatively, at the expiry of the Initial Period, should the Agreement not have been cancelled as per the above, the Agreement will automatically renew and will continue on a monthly basis, terminable by either Party on one month’s notice, on revised terms, including revised pricing, which terms RSAWEB will notify the Customer of prior to the expiry of the Initial Period.
3.5. Should the Customer cancel the Agreement during the Initial Period, the Customer will remain liable for all amounts owing up to the date of cancellation and, in addition to this, RSAWEB will be entitled to impose a reasonable cancellation penalty and the Customer shall be liable to reimburse RSAWEB for the following: the Router Fee (where applicable), the Installation Fee (provided there was not already a fibre line when the Customer applied to RSAWEB for the Services and Products) and the courier charges, insofar as they are applicable, in accordance with the FTTH Terms and Conditions.
3.6. Upon termination of the Agreement, RSAWEB or its partners shall be entitled to retrieve all or any Equipment installed by the partner or RSAWEB at the Customer’s premises.
3.7. Save as specifically provided for above, this Agreement may be terminable by either Party on 1 (one) calendar month’s written notice unless the Customer has materially breached the Agreement, in which case, RSAWEB will provide the Customer with reasonable notice to rectify the breach, this reasonable notice being 5 (five) Business Days unless the Customer can prove that this is unreasonable and, should the Customer fail to rectify the breach within such reasonable period, RSAWEB may terminate the Agreement.
3.8. Notwithstanding termination of this Agreement, should the Customer continue to utilise the Services and Products of RSAWEB, the Customer will remain liable for all amounts which would have been due to RSAWEB and the Agreement shall be deemed to continue to apply until all amounts due to RSAWEB are paid.
4. SERVICE FEE, PAYMENT AND THE CONSEQUENCES OF BREACH OF PAYMENT TERMS
4.1. Billing will commence on the Effective Date. Notwithstanding the aforesaid, RSAWEB reserves the right to bill the Customer for any non-recurring charges prior to the Effective Date. RSAWEB reserves the right to prohibit the Customer’s access and use of the Services and Products until such time as these non-recurring charges have been settled in full.
4.2. All fees and other amounts payable are quoted exclusive of VAT unless specified otherwise by RSAWEB.
4.3. The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.
4.4. The Customer agrees to pay all amounts free of exchange and without deduction or set-off by way of a direct debit order in favour of RSAWEB, drawn against an existing bank account nominated by the Customer, or in such other manner as agreed by RSAWEB from time to time.
4.5. If the Customer’s debit order bounces for any reason, RSAWEB reserves the right to resubmit the debit order.
4.6. Should the Customer pay by way of debit order, the Customer agrees that:
4.6.1. RSAWEB will be entitled and authorised to draw all amounts payable in terms of this Agreement from the account specified by the Customer and the Customer will sign all such forms and do all such things as may be necessary to give effect to the debit order;
4.6.2. RSAWEB is entitled to debit the Customer’s bank account on the first debit order run date after the Effective Date, provided that if the Effective Date is after the debit order run date for a particular month, RSAWEB will debit the Customer’s account on the following debit order run date and the Customer’s first bill will therefore include a pro-rata portion for the remaining period of the month in which the Customer had its Effective Date plus the full-Service Fee for the succeeding month;
4.6.3. the Customer will not revoke or terminate the debit order instructions until termination of this Agreement and until all amounts due and owing to RSAWEB have been fully paid.
4.7. Should the Customer fail to pay any amount to RSAWEB on the due date for such payment, RSAWEB may, without prejudice to any other rights which it may have:
4.7.1. suspend the Customer’s access and use of the Services and Products, in which case RSAWEB reserves the right to continue charging the Customer the minimum amount required to keep the Customer’s account activated for the suspended period; or
4.7.2. terminate this Agreement.
4.8. RSAWEB will use reasonable endeavours to keep the Customer informed about the possibility of disconnection in the case of non-payment.
4.9. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date for payment. The interest rates will be 2% (two percent) above the prime overdraft rate. The interest will be calculated from the due date for payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
4.10. To the extent that RSAWEB incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for the Customer’s account.
4.11. If any changes are proposed to any terms of an agreement between RSAWEB and an FNO and/or any third party supplier, which impacts on the provisions of any Services and Products of this Agreement, or if any changes to this Agreement are necessary because of new and/or amended legislation and/or changes to RSAWEB’s license conditions and/or changes to RSAWEB’s Services and Products and/or fees and charges relating thereto, RSAWEB shall be entitled to amend the terms, fees or charges for the Services and Products at any time on 30 (thirty) days’ notice to the Customer. The Customer agrees however that should the FNO and/or third-party supplier not provide RSAWEB with timeous written notice, or should any other circumstances beyond the reasonable control of RSAWEB occur which does not enable RSAWEB to reasonably have the opportunity to give 30 (thirty) days’ notice, then RSAWEB will provide written notice to the Customer within a reasonable period of time after RSAWEB is so notified. The amendment will take effect on the date indicated in the notice.
4.12. The Customer specifically agrees that it will remain liable to pay RSAWEB for his / her use of the Services and Products, notwithstanding the fact that the Customer does not have access to the premises to which the Services and Products are supplied. Should the Services and Products be supplied to the premises as per the Agreement, the Customer will be liable to pay RSAWEB.
5. CREDIT CHECK
5.1. The Customer hereby consents to:
5.1.1. RSAWEB performing a credit search with a registered credit bureau, and providing personal information to the credit bureau in order for this search to be performed when assessing the Customer’s application for the Services and Products to be provided by RSAWEB and to rely on such information when deciding whether or not to provide the Services and Products to the Customer;
5.1.2. RSAWEB monitoring the Customer’s continued payment behaviour as recorded by a registered credit bureau and to use such information when assessing the continued provision of the Services and Products to the Customer;
5.1.3. RSAWEB recording the Customer’s payment behaviour and, should the Customer continually default in its payments to RSAWEB, to report such behaviour to a registered credit bureau.
6. CUSTOMER’S ACCESS
6.1. Subject to the provisions of this Agreement, RSAWEB will provide the Customer with access to the Services and Products from the Effective Date.
6.2. RSAWEB will issue the Customer with a username and password to allow the Customer access to the Services and Products.
6.3. The Customer agrees that:
6.3.1. the Services and Products will be utilised for his / her own personal use only and therefore the Customer may not share the username and password with other third parties thereby granting them access to the Services and Products;
6.3.2. he/she will maintain the confidentiality of the username and password;
6.3.3. he/she will notify RSAWEB should the username or password be compromised;
6.3.4. he/she is solely responsible for the payment for the Services and Products;
6.3.5. should any persons utilise the Services and Products with the Customer’s authorisation, the Customer is to ensure that such persons comply with the provisions of this Agreement and, in this regard, the Customer agrees that all acts or omissions of persons who utilise the Services and Products under the Customer’s account or with the Customer’s authorisation will be treated, for all purposes, as the Customer’s acts or omissions;
6.3.6. he/she has read and understood RSAWEB’s AUP and FUP and agrees to be bound thereby.
7. THE DELIVERY AND AVAILABILITY OF THE SERVICES AND PRODUCTS
7.1. The Customer agrees that the Services and Products are provided by RSAWEB as a “best-effort” service with no service levels of any nature being offered.
7.2. The Services and Products are provided “as is” or “as available”. RSAWEB does not make any express or implied representations, warranties or guarantees with regard to:
7.2.1. the quality or security of the Services and Products;
7.2.2. the availability of the Services and Products;
7.2.3. the Services and Products being free of errors or interruptions and fit for any purpose;
7.2.4. the Services and Products being secure and reliable.
7.3. RSAWEB will use its best endeavours to notify the Customer in advance of any maintenance or repairs which may result in the unavailability of the Services and Products but cannot guarantee that it will be able to provide such notification timeously or at all.
7.4. Should the Customer experience any faults in the Services and Products, the Customer is to report such fault by logging a support ticket by emailing [email protected]
7.5. Due to the nature of certain Services and Products, RSAWEB cannot guarantee the speed of the Services and Products and best effort will be made by RSAWEB to troubleshoot the Customer’s Services and Products.
8.1. RSAWEB will not be liable for any direct or indirect loss or damage of any kind which the Customer may suffer as a result of the loss of the Customer’s data, or any part thereof, for any reason whatsoever.
9. PROTECTION OF RSAWEB’S SYSTEM
9.1. The Customer agrees that it will not do anything which will compromise the security of RSAWEB’s System or any other network connected to RSAWEB’s System.
9.2. The Customer agrees that it will not do anything which may prejudice RSAWEB’s System and will take all reasonable measures to ensure that:
9.2.1. no unlawful access is gained to RSAWEB’s System;
9.2.2. no Malicious Code is introduced into RSAWEB’s System;
9.2.3. the Customer’s information and data are adequately protected.
9.3. If RSAWEB is of the view that a security violation has occurred or is imminent, RSAWEB may take whatever steps it considers necessary to maintain the proper functioning of the RSAWEB System, including, without limitation:
9.3.1. changing the Customer’s access codes and password; and
9.3.2. preventing the Customer’s access to RSAWEB’s System.
9.4. The Customer agrees that it will provide its full cooperation to RSAWEB in any investigation that may be carried out by RSAWEB regarding a security violation.
10.1. RSAWEB shall not be liable to the Customer for any losses, liabilities, damages, claims, costs or expenses which the Customer may suffer as a result of RSAWEB performing any activity which RSAWEB is obliged to perform in terms of RICA.
11. INTELLECTUAL PROPERTY
11.1. The Customer agrees to comply with all laws applicable to any Intellectual Property Rights in respect of any data accessed, retrieved or stored by the Customer through the use of the Services and Products.
11.2. RSAWEB will wholly and exclusively retain ownership of all existing Intellectual Property Rights and shall become the exclusive and unencumbered owner of all Intellectual Property Rights associated with RSAWEB’s System and the Services and Products.
12.1. Subject to any other provision contained in the Agreement including clause 3 above, and without prejudice to any other rights which RSAWEB may have, should the Customer breach any provision of the Agreement and fail to rectify the breach within 5 (five) Business Days’ notice thereof (such notice period being dependent on the nature of the breach in question), RSAWEB shall be entitled to:
12.1.1. suspend the Customer’s access to the Services and Products;
12.1.2. cancel the Agreement and thereby terminate the Customer’s access to the Services and Products;
12.1.3. claim immediate performance by Customer of his / her obligations.
12.2. Should RSAWEB suspend or terminate the Services and Products, and the Customer thereafter rectifies its breach, RSAWEB will be entitled to charge the Customer for reconnecting the Services and Products and for any administrative fees associated therewith. The reconnection fee and administrative fee will be payable by the Customer prior to the Services and Products being reactivated. The Customer agrees that it will take up to 3 (three) Business Days for the Services and Products to be reconnected by RSAWEB.
13. JURISDICTION AND GOVERNING LAW
13.1. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the Customer and RSAWEB consent to the Courts of the Republic of South Africa to adjudicate any dispute which may arise between them.
14. LIMITATION OF LIABILITY AND INDEMNITY
14.1. RSAWEB will not be liable to the Customer or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and howsoever arising when utilising the Services and Products.
14.2. This clause shall apply to the benefit of RSAWEB, including RSAWEB’s directors, officers, employees, contractors, agents and other representatives.
14.3. RSAWEB does not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of any of the Services and Products.
14.4. Without limiting the aforegoing, RSAWEB shall not be liable for and the Customer will have no claim of whatsoever nature against RSAWEB because of:
14.4.1. the loss of or access to any usernames and passwords which the Customer is required to safeguard and not allow unauthorised access, on the understanding that RSAWEB will be entitled to assume that the Customer is the person so using or gaining access to any service or account where the Customer’s username or password is used;
14.4.2. any unauthorised access to the Customer’s Services and Products;
14.4.3. any unavailability of, or interruption in the Services and Products due to an Uncontrollable Event;
14.4.4. any damage, loss, cost or claim which the Customer may suffer or incur due to a suspension or termination of the Services and Products.
14.5. If the CPA is applicable to this Agreement, and any provision of this clause is found by a Court or tribunal with competent jurisdiction over RSAWEB to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
14.6. To the extent that a competent Court or tribunal or other competent dispute resolution body or authority finally determines, notwithstanding the exclusion contained in this clause, that RSAWEB is liable to the Customer, the Customer agrees that RSAWEB’s liability to the Customer for any damages howsoever arising shall be limited to the amounts paid by the Customer under this Agreement in consideration for the Services and Products during the immediately preceding 12 (twelve) month period.
14.7. The Customer hereby unconditionally and irrevocably indemnifies RSAWEB against any and all loss, damage, claims, liability and / or costs, of whatsoever nature, howsoever and whenever arising, suffered or incurred by RSAWEB because of any claim instituted against RSAWEB by a third party due to the Customer’s use of the Services and Products other than as is allowed in the Agreement or for any other cause whatsoever relating to the Agreement where the Customer has acted wrongfully or negligently.
15. CESSION AND DELEGATION
15.1. The Customer shall not be entitled to:
15.1.1. cede its rights;
15.1.2. delegate its obligations;
15.1.3. assign its rights and obligations, under this Agreement without the prior written consent of RSAWEB.
15.2. RSAWEB shall be entitled to:
15.2.1. cede its rights;
15.2.2. delegate its obligations;
15.2.3. assign its rights and obligations, under this Agreement without the prior written consent of the Customer.
16. AGREEMENT SUBJECT TO CHANGE
16.1. Subject to the provisions of this Agreement, RSAWEB may amend the Agreement, including its charges from time to time, on written notice to the Customer, which written notice may be sent by email to the Customer and/or which notice may be effected by publishing any new version of the Agreement on RSAWEB’s website together with the date on which it will become effective, which will, if reasonably possible, be at least 30 (thirty) days after the date on which it was first published. It will be the Customer’s duty to visit RSAWEB’s website on a regular basis to determine whether any amendments have been made.
16.2. If the Customer does not agree to the amendments, the Customer may cancel the Agreement subject to the cancellation provisions of this Agreement, provided that cancellation must be given to RSAWEB within 30 (thirty) calendar days of the date of notification of any amendments.
17. NOTICES AND DOMICILIA
17.1. For the purpose of giving of notice and the serving of legal process in terms of this Agreement, the Customer and RSAWEB choose a domicilium citandi et executandi (“domicilium”) as follows:
17.1.1. THE CUSTOMER:
126.96.36.199. Address: AS SET OUT IN THE APPLICATION FORM
188.8.131.52. Email: AS SET OUT IN THE APPLICATION FORM
184.108.40.206. Address: ____________
220.127.116.11. Email: ____________
17.2. The Customer or RSAWEB may at any time change, by notice in writing, its domicilium to any other address in the Republic of South Africa which is not a post office box or post restante.
17.3. Any notice given in connection with this Agreement shall, save where a particular form of notice is stipulated, be sent by email to the domicilium chosen.
17.4. A notice given as set out above shall be deemed to have been duly given, if sent by email, on the expiration of 24 (twenty-four) hours after the time of transmission.
18. ENTIRE AGREEMENT
18.1. Subject to RSAWEB’s right to amend the Agreement, the Customer and RSAWEB agree that the Agreement constitutes the whole agreement between them and RSAWEB will not be bound by any undertaking, representations, warranties, promises or the like not recorded herein.
18.2. In the event that any terms of the Agreement 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.
18.3. If a provision of the Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision should be interpreted, insofar as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
19. CUSTOMER’S INFORMATION
19.1. The Customer warrants that, as at the date of signature of the Application Form, all the details furnished by the Customer to RSAWEB are true and correct and the Customer will notify RSAWEB in the event of any change to such details. The Customer accepts that it will be his / her sole responsibility to ensure the provision of accurate and complete information.
19.2. The Customer warrants that he/she is legally capable of entering into a binding contract.
19.3. The Customer consents to RSAWEB processing the Customer’s personal information in order for RSAWEB to provide the Services and Products to the Customer.
20. NO INDULGENCES
20.1. No indulgence, leniency or extension of time which RSAWEB may grant or show to the Customer shall in any way prejudice RSAWEB or preclude RSAWEB from exercising any of its rights in the future.
21. FTTH TERMS AND CONDITIONS
21.1. In the event of a discrepancy between these Terms and Conditions and the FTTH Terms and Conditions, the FTTH Terms and Conditions shall take precedence.
FIBRE TO THE HOME TERMS AND CONDITIONS
1. TERMS AND CONDITIONS
1.1. The provision of the FTTH Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement.
2.1. The definitions contained in clause 1 of the General Terms and Conditions, and further definitions which may be provided elsewhere in the Agreement, shall bear the same meaning in these FTTH Terms and Conditions.
3. FTTH COVERAGE
3.1. FTTH Line and the Installation Fee
3.1.1. RSAWEB shall within a reasonable period of time of receipt of an order for the provision of FTTH by the Customer, advise the Customer whether an installed fibre line is available for use by the Customer and the anticipated Customer Installation Completion Date (“CICD”).
3.1.2. Notwithstanding any other provision of this Agreement, the Customer shall be entitled to cancel, by way of written notice to RSAWEB, order for the provision of FTTH prior to the CICD if the time period from the date of order by the Customer to planned CICD exceeds 6 (six) months. Upon such cancellation, RSAWEB shall be entitled to charge the Customer for such costs and expenses as having been incurred by RSAWEB or obligations to which RSAWEB has become necessarily bound arising from the relevant order, from the date of the order concerned up to the date of receipt or deemed receipt of such notice of cancellation, as well as the actual cost of the recovery of any equipment already installed.
3.1.3. There is no Installation Fee payable unless the Customer cancels the Agreement in accordance with clause 3.5 of the Terms and Conditions (i.e. the Customer cancels the Agreement during the Initial Period) in which case the Installation Fee will be dependent on which FNO installed the FTTH line and RSAWEB will advise the Customer accordingly.
3.1.4. RSAWEB is not responsible for the physical fibre infrastructure or its installation. In addition, the method of installation shall remain within the FNO’s discretion. RSAWEB assumes no responsibility for any error or omission by the FNO.
3.1.5. Prior to any installation taking place, RSAWEB will need to verify that the Customer has FTTH coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have FTTH coverage at its selected premises, RSAWEB will not be able to provide the Customer with the Services and Products.
3.1.6. If the Customer has an FTTH line but has signed up with a different ISP, it will remain the Customer’s obligation to cancel with this ISP before RSAWEB will be able to provide the Services and Products.
3.1.7. Should the Customer terminate the Agreement during the Initial Period, then the full Installation Fee will be paid by the Customer to RSAWEB.
3.2. Payment of Monthly Fees
3.2.1. The Customer agrees to pay RSAWEB for the Services and Products as set out in the Application Form and this Agreement one month in advance on the last working day of each and every calendar month.
3.3. Router and the Router Fee
3.3.1. The Customer may utilise the router free of charge for the duration of the Agreement, subject to the terms of this Agreement, and accepts that RSAWEB will remain the owner of the router at all times.
3.3.2. The Customer agrees that should it cancel the Agreement in accordance with clause 3.5 of the Terms and Conditions or the Customer cancels during the Initial Period, the Customer can either:
18.104.22.168. purchase the router from RSAWEB at the retail value at the time of cancellation; or
22.214.171.124. return the router to RSAWEB in its original condition.
3.3.3. Should the Customer decide to return the router in terms of clause 126.96.36.199 above, it is to do so within 10 (ten) days from the date on when the Customer’s Services and Products were deactivated and the Customer is to provide its name and RSAWEB customer code when returning the router. The Customer will be liable for all courier charges associated with the returning of the router. If the router is not returned within the aforementioned 10 (ten) day period:
188.8.131.52. RSAWEB will not accept the return of the router and the Customer will be charged for the router at the retail value of the router at the time of cancellation; and
184.108.40.206. the router will no longer be insured by RSAWEB and RSAWEB will not accept responsibility for any damage or defaults.
3.3.4. Should the Agreement be terminated after the Initial Period, the router is to be returned to RSAWEB in the same good condition as it was received. The Customer will be liable to reimburse RSAWEB should the router be damaged in any way.
3.3.5. When returning the router to RSAWEB, the Customer is to ensure that the LAN cable, power cable and all other items included in the box containing the router are returned to RSAWEB. Should any items be missing, RSAWEB reserves the right to charge the Customer the cost thereof.
3.3.6. For 200Mbps or faster line speeds, an upgraded router is essential for peak WiFi speed. If the Customer already has an RSAWEB router, the Customer may return the router in good condition and pay the difference in order to receive an upgraded router.
4. MOVING PREMISES
4.1. The Customer agrees that, should it move premises and wish to change the location where the fibre line is installed, the Customer shall apply to RSAWEB in writing for such a change by emailing [email protected]
4.2. Upon receipt of such a request, RSAWEB shall procure that the relevant FNO conducts a feasibility study as to the possibility of accommodating such a request and the costs associated with such a relocation.
4.3. RSAWEB shall, after receiving the relevant information, inform the Customer whether the relocation of the fibre line can be accommodated and, if so, the cost associated therewith.
4.4. Should RSAWEB not be able to relocate the fibre line, unless the Customer is able to successfully cede his / her rights and delegate his / her obligations under this Agreement to the new occupier of the premises at which the fibre line was originally installed, the fibre line will continue to be provided at such location and this Agreement shall not be affected by the Customer’s relocation and the Customer shall remain liable for all charges associated with the fibre line until this Agreement is terminated in accordance with its terms.
4.5. Should RSAWEB be able to relocate the Customer’s fibre line, the Customer shall provide RSAWEB with a written confirmation as to whether the Customer accepts the quote for the costs of such relocation, failing which, the quote will lapse and the fibre line concerned will continue to be provided at the location originally installed and on the same terms and conditions.
4.6. Should the Customer accept the quote for the costs of relocation in writing, RSAWEB shall proceed to implement the relocation and will notify the Customer as to the date upon which the fibre line concerned is available for use by the Customer at the new location.
4.7. All of the remaining terms of this Agreement, including but not limited to the Initial Period, in respect of any fibre line which has been moved to a different location in terms of this clause, shall remain unaffected by the change of the location of the fibre line concerned.
5. UPGRADES AND DOWNGRADES
5.1. An application by the Customer to change the bandwidth range or technical characteristics of an existing FTTH line from that which was originally reflected in the Customer’s order, shall be regarded as an application to upgrade (to a higher bandwidth) or downgrade (to a lower bandwidth) and not as an application to terminate the Services and Products.
5.2. A once-off fee for downgrades to lower bandwidth will be charged in addition to the amended subscription fibre line charges.
5.3. In the event that the Customer applies for an upgrade or downgrade, RSAWEB shall effect the necessary changes to the FTTH line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.
6. EQUIPMENT AND SOFTWARE
6.1. Except for Equipment that the Customer has paid for in full, all Equipment installed or provided by RSAWEB, shall remain the property of RSAWEB and the Customer agrees that:
6.1.1. he/she will take reasonable care of such Equipment;
6.1.2. he/she will not sell, lease, mortgage, transfer, assign or encumber such Equipment;
6.1.3. he/she will not relocate such Equipment without RSAWEB’s knowledge and permission;
6.1.4. he/she will inform, if applicable, his / her landlord that such Equipment is owned by RSAWEB and therefore not subject to the landlord’s hypothec;
6.1.5. he/she will return the Equipment to RSAWEB at the termination of this Agreement at the Customer’s expense.
6.2. Should the Equipment be lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned to RSAWEB, the Customer agrees to pay RSAWEB the reasonable value of such Equipment, together with any costs incurred by RSAWEB in seeking possession of such Equipment.
7. DISCOUNTS & PROMOTIONAL OFFERS
7.1 If the fibre internet service with RSAWEB is cancelled within 12 months of the service going live, the customer will be liable to pay back the value of the promotional offer (such as; but not limited to; price cuts promotions, early bird special, switch special) received during their initial 12 month period with RSAWEB.
7.2 RSAWEB reserves the right to terminate, extend or amend promotional offers at any time and will provide reasonable notice of such termination as the circumstances require.
7.3 Unless otherwise stated multiple (two or more) promotions can not be used in conjunction with other promotional offers such as; but not limited to; price cuts promotions, early bird special, switch special.
7.4 Unless otherwise stated, promotions are for new orders only, existing customers cannot cancel existing orders and reapply in order to receive the promotional offer.
7.5 RSAWEB will not be held liable for customers failing to correctly input promotional codes during the ordering process, subsequently resulting in the customer not receiving the promotional offer.
7.6 ERRORS & OMISSIONS EXCEPTED (E&OE).
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