STANDARD TERMS AND CONDITIONS

Flexiwifi reserves the right to amend its Terms and Conditions from time to time without written notice to the Customer. The latest version of these Terms and Conditions of service will always be updated on the Flexiwifi website.

1. Definitions

1.1. “Agreement” means, as between the Customer and Flexiwifi, these Zoomfibre Terms and Conditions read together with each relevant Customer Order Form as amended from time to time
1.2. “Business Day” means Monday to Friday, excluding Saturday, Sunday or public holiday as defined under the Public Holiday Act, 36 of 1994;
1.3. “Confidential Information” means all information (in whatever format) which:
1.3.1. relates to the Agreement;
1.3.2. is designated as confidential by either Party;
1.3.3. relates to the business, affairs, networks, customers, products, developments, trade secrets, know-how and personnel of either Party (including in the case of the Customer, Customer data) and which may reasonably be regarded as the confidential information of the disclosing Party.
1.4. “CPE” means the hardware, software, systems, cabling and facilities provided at the customer’s premises in order to make available the Service to the Customer;
1.5. “Customer” means the party specified on the Customer Order Form;
1.6. “Customer Order Form” means a request for a specific service delivered by the Customer and accepted by Flexiwifi;
1.7. “Customer Personal Data” means all identifiable personal details conveyed to Flexiwifi by the Customer for lawful processing;
1.8. “ECA” means the Electronic Communications Act 36 of 2005 and its regulations, as amended or replaced from time to time
1.9. “Force Majeure Event” means any cause beyond a Party’s reasonable control affecting the performance of its obligations, including but not limited to, fire, flood, explosion, accident, war acts of terrorism, power outages, strike/s, embargo, governmental requirement, civil or military authority, Act of God, changes to laws and regulations, inability to secure materials or services, industrial disputes, pandemic or epidemic and acts or omissions of other providers of telecommunication services;
1.10. “ONT” means optical network terminal;
1.11. “Parties” means Flexiwifi and the Customer and “Party” means either Flexiwifi or Customer, as the context requires;
1.12. “Payment Date” means the 1st, 16th, 21st or 26th of a calendar month.
1.13. “POPIA” means Protection of Personal Information Act 4 of 2013;
1.14. “RICA” means Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002;
1.15. “Flexiwifi customer Portal” means any platform or any other business and operations support software platforms to which Customer is provided access by Flexiwifi and that provides Customer with functions to purchase a service, updating of personal details, etc.
1.16. “Service” means the service provided by Flexiwifi to the Customer as may be further described in a Customer Order Form
1.17. “Uncapped” meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology-guidelines/;
1.18. “User ID” any username, password or other personal details used for the authentication of an individual, used in connection with the Flexiwifi Portal;
1.19. When several days are provided for between the happening of one event and another, the number of days must be calculated by:
1.19.1. excluding the day on which the first such event occurs;
1.19.2. including the day on or by which the second event is to occur; and
1.19.3. excluding any public holiday, Saturday or Sunday.

2. Service

2.1. Zoomfibre
2.1.1.1. Zoomfibre Hybrid Uncapped is a prepaid service with uncapped data.
2.1.1.2. Customer has no fixed term contractual commitment.
2.1.1.3. This is a best effort service and throughput could vary. The advertised speeds are the maximum throughput.
2.1.1.4. The ONT installed at the Customer’s premises can accommodate no more than 10 (ten) concurrent connections, (e.g., devices connected via LAN/Wi-Fi) , (in whatsoever manner). Should the Customer exceed this threshold, the Customer’s account shall be suspended with immediate effect.
2.1.1.5. There are no guarantees that the Wi-Fi signal will penetrate all structural barriers at the Customer’s premises.

3. Charges and Payments Methods

3.1. Flexiwifi shall be entitled from time to time and on 7 (seven) days’ notice to the Customer to amend pricing related to the service.
3.2. Pricing may vary and shall at all times be subject to the location of the Customer and/or Customer premises.
3.3. 32-day Service and 45 Day Service
3.3.1. The validity period shall be 32 or days from successful activation of a valid subscription payment depending on the product selected by the customer at time of purchase.
3.3.2. Payfast Method – Customer can use Payfast as a payment method.
3.3.5. Upon activation of the Service the Customer shall have access to the network for the validity Period.
3.3.6. Upon expiration of the validity period, Flexiwifi shall immediately suspend access to the network and place account in a suspended state. No out-of-bundle rates shall be charged to the Customer.
3.3.7. Should a Customer’s account remain in a temporarily suspend the account for a period longer than 20 days, the Customer’s account shall be cancelled and such Customer shall be required to place a new order for service activation.
3.3.9. Upon purchase and activation of a new 32-day or 45 day Service, the Customer shall be granted immediate access to the network.
3.4. Monthly Recurring Service – Calendar month service
3.4.1. The validity period shall be one month from successful activation of a valid subscription payment.
3.4.2. PayFast Method – Customer can only use Payfast as a payment method for the monthly recurring service, by using a credit card or debit card.
3.4.3. Should a Customer activate / purchase the Service in the middle of the month, a pro-rata amount shall be deducted from Customer’s account during the Customer’s second month.
3.4.4. Should a recurring payment fail on the relevant Payment Date it shall automatically re-run on the following day. Should payment remain unsuccessful, the Service shall be suspended.
3.4.5. The Customer shall be afforded the opportunity to pay the full outstanding amount within 9 (nine) calendar days from such suspension whereafter a last debit order shall run. Failure of payment received shall result in the account being cancelled.
3.4.6. Customer shall be entitled to amend their payment details on the Flexiwifi Portal.
3.4.7. Customer shall be afforded the opportunity the re-run their payment on the Flexiwifi Portal.
3.4.8. Customer shall be able to re-select a preferred Payment Date on the Flexiwifi Portal.
3.5. Refunds:
3.5.1. In the event that a Customer overpays for any subscription Service provided by Flexiwifi, a refund for the overpaid amount shall be processed through Payfast within 10 (ten) Business Days of receipt thereof;
3.5.2. It shall at all times remain the responsibility of the Customer to ensure that Flexiwifi is in possession of all relevant and necessary details (mobile number etc.) to effect a refund. Should the Customer fail to provide such details within 10 (ten) days of receipt thereof.
3.5.3. Should the Customer fail to provide such details within 10 (ten) days, Flexiwifi shall not be held liable for delayed refunds. NO amount shall be refunded and NO credits shall be passed.

4. Term and termination

4.1. 32-day Service and 45 day service Customers shall have access to the network for the validity period.
4.2. 32-day and 45 day Service Customers shall not be entitled to cancel the Service prior to expiration of the validity period and NO amount shall be refunded to such Customer.
4.3. Should a Customer opt for a monthly recurring package, the Service shall continue to run indefinitely and shall only terminate upon 30 (thirty) days' prior written notice of cancellation to be provided by the Customer to Flexiwifi prior to the relevant Payment Date.

5. Customer Obligations

5.1. Customer shall comply strictly with all relevant regulations imposed on Internet Service provision and Telecommunication services by the various regulatory authorities from time to time.
5.2. Customer shall not commit nor attempt to commit any act or omission which directly or indirectly:
5.2.1. damages in any way Flexiwifi’s technical infrastructure or any part thereof;
5.2.2. impairs or precludes Flexiwifi from being able to provide the Service/s;
5.2.3. constitutes an abuse or malicious misuse of the Service/s;
In such an event, should Flexiwifi incur expenses to remedy the situation, Flexiwifi reserves the right to charge the Customer the amount necessary to cover Flexiwifi ‘sadditional expenditure. Notwithstanding the above, Flexiwifi reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
5.3. The Customer warrants and undertakes that it shall:
5.3.1. use the CPE/ONT only for the purpose of receiving the Service and in accordance with Flexiwifi’s reasonable instructions from time to time;
5.3.2. not move, modify, relocate, tamper, reverse engineer, decompile or in any way interfere with the CPE/ONT or the network;
5.3.3. not cause the CPE/ONT to be repaired or serviced except by an authorised representative;
5.3.4. not create or allow any charges, liens, pledges or other encumbrances to be created over the CPE/ONT.
5.4. The Customer shall be liable for any and all damage to CPE/ONT or the network which is caused by the act or omission of the Customer or the Customer's breach of the terms of this Agreement.
5.5. Flexiwifi shall not be liable for any costs incurred by Customer arising out of any malfunction or failure of any such equipment or facility, including CPE/ONT;
5.6. The Customer warrants and undertakes that it shall in its use of:
5.6.1. the Services comply with any relevant legislative and regulatory provisions and shall not use the Services for any illegal or immoral purpose; and
5.6.2. The Customer shall indemnify Flexiwifi in respect of any and all losses, damages, costs or expenses resulting from or arising out of any breach of the warranties set out in this clause and/or any third party claim or allegation arising out of or relating to the use of the Service, and which relates to any act or omission of the Customer which is, or if substantiated would be, a breach of this clause.
5.7. Unless the Customer has entered into a reseller agreement with Flexiwifi, resale of the Services is not permitted.

6. Flexiwifi Customer Portal

6.1. Flexiwifi grants Customer a non-exclusive, non-transferable right to the Flexiwifi Portal.
6.2. Access to any such Flexiwifi Portal shall be through an approved User ID or other authentication mechanism provided by Flexiwifi to the Customer.
6.3. Customer acknowledges that the documentation and information that is accessible by Customer through the Flexiwifi Portal shall be deemed to be classified as Confidential Information of Flexiwifi and, as such, disclosure and use of such documentation and information shall be governed by the terms of the Flexiwifi Standard Terms and Conditions relating to Confidential Information.
6.4. Customer shall take all necessary steps to maintain the security and integrity of his/her User ID used in connection with accessing the Flexiwifi Portal.
6.5. If the Customer suspects that a User ID is or is likely to be used without authorization, they must notify Flexiwifi immediately..
6.6. Flexiwifi reserves the right to suspend User ID access to the Flexiwifi Portal of Customer if at any time Flexiwifi reasonably considers, after consulting with Customer whenever practicable, that there has been or is likely to be a breach of security in respect of a user ID. Flexiwifi may issue a replacement User ID, or cease suspension, when Flexiwifi is satisfied that the breach of security or threat of breach of security is resolved.

7. Breach

7.1. Should the Customer breach any term of this Agreement and fails to rectify the breach within the notice period provided by Flexiwifi (which shall be a reasonable period given the circumstances of the breach) then Flexiwifi will have the right to either suspend or to cancel the Agreement.
7.2. Should Flexiwifi breach any material term of this Agreement, then the Customer will have the right to provide Flexiwifi with a letter requiring Flexiwifi to rectify the breach within a period of 20 (twenty) Business Days. Should Flexiwifi neglect or fail to remedy such breach within the 20 (twenty) Business Days’ notice period, then the Customer may cancel the Agreement without penalty.
7.3. The Customer shall be liable for all costs, including legal costs on an attorney and client scale, tracing cost and collection commission incurred by Flexiwifi in respect of the enforcement of any obligations of the Customer in terms of this Agreement.

8. Force Majeure

Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is attributable to a Force Majeure Event.

9. Limited liability and Indemnity

9.1. Except as otherwise expressly provided herein to the contrary, Flexiwifi shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Flexiwifi or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
9.2. Subject to clause 9.1 above, the entire liability of Flexiwifi and Customer's exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in delict, will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the validity period.
9.3. Customer hereby indemnifies Flexiwifi against and holds Flexiwifi harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of Flexiwifi is excluded in terms of clause 9.1 above.
9.4. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of Flexiwifi of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 10.1 above shall apply mutatis mutandis to such exclusion. Should the provision of the Service/s be suspended by Flexiwifi for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, Flexiwifi shall give Customer credit in an amount which represents a pro rata portion of Customer's basic fee for the validity period during which the said suspension occurred.

10. Confidential Information

10.1. Subject to clause 10.2, each Party hereunder shall:
10.1.1. only use Confidential Information for the purposes of the Agreement;
10.1.2. only disclose Confidential Information to a third party with the prior written consent of the other Party (except that either Party may disclose Confidential Information to its employees, agents or contractors, including professional advisors or auditors; and
10.1.3. ensure that any third party to whom Confidential Information is disclosed executes a confidentiality undertaking substantially similar to the terms of this clause 10.
10.2. The provisions of clause 10.1 shall not apply to any Confidential Information which:
10.2.1. Is in or comes into the public domain other than by breach of this clause 10;
10.2.2. Is or has been independently generated by the recipient Party;
10.2.3. Is properly disclosed pursuant to a separate written consent or a statutory obligation, the order of a court of competent jurisdiction or the requirement of a competent regulatory body.
10.3. This clause 10 shall survive termination of this Agreement.

11. Privacy, POPIA, ECA & RICA

11.1. Flexiwifi reserves the right to make general credit reference enquiries about the Customer and to check the correctness of the information that has been supplied. Flexiwifi shall also be entitled to furnish any information relating to the Customer’s account and compliance with these conditions to any registered credit bureau.
11.2. The Customer warrants and represents that all information supplied by it is accurate, correct and complete.
11.3. ECA & POPIA:
Flexiwifi will use the Customer Personal Data strictly in accordance with the Regulations promulgated in terms of Section 69 of the ECA or the POPIA, whichever is applicable.
11.4. RICA:
Customer will provide Flexiwifi with all required Personal Data and other details which Flexiwifi is required to obtain from the Customer in terms of section 39 of RICA.
11.5. The Customer acknowledges and accepts that where the Customer does not comply with these provisions, it will amount to a material breach by the Customer of the Agreement.

12. Notices

12.1. The Parties choose the addresses set out below as their chosen place to receive legal notices:
12.1.1. Flexiwifi – As displayed on the Flexiwifi website;
12.1.2. Customer – at the physical or residential address specified in the Customer Order Form.
12.2. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by e-mail.

13. Applicable laws & Jurisdiction

13.1. This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa, and all actions and other matters relating thereto will be determined in accordance with South African law and agree to the exclusive jurisdiction of the South African courts

14. Cession, Delegation & Assignment

14.1. Flexiwifi may cede, delegate and/or assign any of its rights or obligations herein in whole or in part, without the written consent of the Customer.
14.2. The Customer may not cede, delegate and/or assign any of its rights or obligations herein in whole or in part, without the written consent of Flexiwifi, which consent shall not be unreasonably withheld or unduly delayed.

15. General

15.1. Subject to and save where the right to amend the Agreement has been mentioned explicitly herein, neither party may vary the terms of the Agreement unless the other party agrees to such variation and the variation is reduced to writing and signed by both parties.
15.2. The Customer agrees to supply Flexiwifi with such information, documentation and signatures that Flexiwifi may reasonably require at the time that the Agreement is concluded, to give effect to the payment arrangements of the Agreement. Any subsequent changes that affect the information supplied to Flexiwifi such as bank account or legal service address must be brought to the immediate attention of Flexiwifi in writing.
15.3. The Agreement contains the sole and entire record of the agreement between the Parties. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in writing and signed by both Parties or otherwise created by operation of law.
15.4. No indulgence, leniency or extension of time which either Party (“the grantor”) may grant or show to the other, shall in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future. Any indulgence or the relaxing of the provisions of the Agreement by the grantor shall not prejudice the right of the grantor to insist on the strict compliance by the defaulting Party of its undertakings and obligations in terms of the Agreement.
15.5. In the event of any one or more of these terms and conditions being unenforceable, the offending clauses will be severed from the remainder of the Agreement, which will nevertheless continue to be binding and enforceable.
15.6. Customer agrees to comply with the Flexiwifi acceptable use policy (AUP) and all usage restrictions and limitations applicable to such Services, or portions thereof. Flexiwifi ‘s AUP is available on the Flexiwifi website or can be provided upon request.

16. Support

16.1. Customer can get support by calling our support WhatsApp line on 068 641 2232 or emailing customerservice@flexiwifi.co.za.