AirFibre Solutions Terms and Conditions
PLEASE NOTE: These product or service specific terms and conditions must always be read with the General Terms and Conditions, which will always apply to your use of this product of service.
1.1. “Agreement” means these terms and conditions, as amended from time to time;
1.2. “Application Form” means the contract that contains the services description that the customer has agreed to procure from AirFibre Solutions;
1.3. “Client Site” means the premises selected by the customer as the installation address of the service.
1.4. “Downgrades” means a decrease in the bandwidth size on an individual Service within the AirFibre Solutions specified bandwidth options;
1.5. “Equipment” means all equipment owned by AirFibre Solutions used to provide the Service to the customer;
1.6. “Landlord” means the property owner and/or managing agent of the Client Site;
1.7. “Last Mile” means the electronic communication network service/s provided by Supplier under license duly issued by the Independent Communications Authority of South Africa (ICASA) in terms of the Electronic Communications ACT (ECA) 36 of 2005.
1.8. “Line of Sight” means a path between the antennas on the Client Site and the AirFibre Solutions high site that has no obstructions such as buildings, trees and hills.
1.9. “Supplier” means AirFibre Solutions and/or a third party electronic communications network services provider.
1.10. “Upgrades” means the increase of bandwidth size on an individual Service within the AirFibre specified bandwidth options;
- Description of Service2.1. The AirFibre Solutions last mile service is comprised of different last mile solutions which establish a connection from the Client’s premises to the AirFibre Solutions core network, which AirFibre Solutions shall determine and provision on behalf of the Client, based on the Client’s specific requirements. The solutions are:
2.1.1. Wireless: a microwave service and
2.1.2. Fibre: an optic fibre service2.2. Notwithstanding clause 2.1 above, AirFibre Solutions will be entitled to, with notice to the Client, change the last mile solution should a new Last Mile medium become available which shall have the effect of enhancing the Client’s last mile service.
- Duration and Effective Date3.1. The Effective Date of each Last Mile service under this Agreement is the date when such a service first commences at the Client Site.
3.2. The provision of the Last Mile service shall endure for the initial period as specified in the Application Form, commencing on and with effect from the Effective Date.
3.3. Either party hereto shall be entitled to terminate this Schedule by way of 30 (thirty) days prior written notice of termination to be effective at the end of the Initial Period. Failing such notice of termination, the duration of the Service shall thereafter automatically renew for an indefinite period, subject to 30 (thirty) days prior written notice.
- Fees and Charges4.1. Client shall pay the fees specific in the Application Form hereto in accordance with the payment terms as stipulated in the AirFibre Solutions General Terms and Conditions.
- AirFibre Solutions Rights and Obligations5.1.AirFibre Solutions shall:
5.1.1. Ensure that it is in possession of all the relevant and necessary licenses for the purpose of the lawful provision of the services to the Client;
5.1.2. Monitor and maintain all AirFibre Solutions owned Equipment.
5.1.4. Be entitled to make the use of mutually acceptable third party service providers in the commission of the responsibilities and the provision of services hereunder, subject to the condition that AirFibre Solutions maintains the overall responsibility for the proper rendering of services and all responsibilities relating thereto.
- Client Obligations6.1. Client shall:
6.1.1. Make payment of fees or cost in accordance with the provisions of the Application Form;
6.1.2. At all times, ensure that AirFibre Solutions and its partners are granted reasonable access to its premises at an agreed time and date for the purpose of the planning, installation, removal, maintenance and support of the Equipment;
6.1.3. Not tamper with the Equipment;
6.1.4. Be liable for a call out charge in cases where the AirFibre Solutions employees or 3rd party service providers appointed by AirFibre Solutions are call on site and the fault is proved not to be with the AirFibre Solutions equipment and/or due to the negligence of the Client.
6.1.5. Take all reasonable steps to keep the Line of Sight at the Client Site clear and unobstructed.
6.1.6. Not allow any 3rd party access to the Equipment;
6.1.7. Provide AirFibre Solutions with a suitable location for all Equipment as specified by the manufacturer of such Equipment. Such details may be obtained from AirFibre Solutions upon request.
6.1.8. Ensuring that all negotiations, approvals and /or leases have been granted for the installation of the Equipment on the Client Site, including but not limited to Landlord approvals;
6.1.9. Insure to the full value of all Equipment which is installed on premises which are either owned, occupied, rented or otherwise enjoyed by the Client, and ensure that such insurance covers damage from lighting, theft and/or fire;
6.1.10. Maintain a regular power source no more than 3(three) meters from the location of the installation point of the Equipment stored within the Clients Site;
6.1.11. Regularly provide and update a list of Client’s duly authorised technical contacts in respect of each site, and/or provide the name of suitable persons upon request from AirFibre Solutions;
6.1.12. Provide for the removal of the Equipment in accordance with the provisions of clause 10 below.
6.1.13. Unless otherwise agreed between the parties, the Client is prohibited from selling, reselling or otherwise dealing with the Last Mile service in any manner which breach(es) the provisions of 3rd party Supplier and/or AirFibre Solutions telecommunications licenses and the Electronic Communications Act 36 of 2005 as amended. Without limitation to the aforegoing, any consideration which the Client may receive whilst acting in breach of this prohibition shall be forfeited to AirFibre Solutions;
- Risk7.1. All risk of loss and/or destruction of the Equipment on the Client Site shall be retained by the Client at all times. Client shall be responsible for ensuring the safety of such Equipment and shall ensure that such Equipment is insured against loss and destruction for the usual causes arising and shall be liable for the replacement costs of such Equipment in the event of any loss or destruction thereof.
7.2. Client furthermore undertakes that any such Equipment shall at all times be the Client’s responsibility, and AirFibre Solutions disclaims all liability for any losses or damages incurred in respect of such Equipment, caused by Client negligence.
7.3. AirFibre Solutions excludes itself from all losses or damages of whatsoever nature associated to an obstruction to the Line of Sight. Except where the obstruction is not with the Client’s control, the Client may cancel a service that has become obstructed on 30 (thirty) days’ notice without penalty.
- Wireless – Upgrades, Downgrades and Moves8.1. Upgrades:
8.1.1. Will be subject to bandwidth availability.
8.1.2. The Client will have the ability to upgrade the Last Mile service at any time during the Initial Period.
8.1.4. A Last Mile service maybe upgraded without extending the contractual term of the Last Mile service.
8.2.1. Client may only downgrade a single Last Mile service once in any 12 (twelve) month period, with effect from after the initial 12 (twelve) months of the service have lapsed.
8.2.2. A downgrade will not extend the contractual term of the Last Mile service.
8.1.3. The Client shall be responsible for all costs associated with a move or relocation of the Equipment after installation should such a move or relocation be requested by the Client.
- Last Mile Fibre – Upgrades, Downgrades and MovesShould the Client wish to make any changes to the Last Mile service (including but not limited to bandwidth, termination addresses and service levels) during the Initial Period or any renewal period thereafter, such changes shall be treated as a new order for the Last Mile service, and shall be subject to the same request and ordering procedure as set out in this Agreement and shall restart the Initial Period with a new Initial Period with effect from the Effective Date.
- Equipment10.1. All Equipment which is supplied by AirFibre Solutions for the purpose of the provision of the Last Mile service in terms of this Agreement shall at all times remain the property of AirFibre Solutions, and at the termination or conclusion of this Agreement for whatsoever reason, the Client shall return the Equipment in its possession in working order, fair wear and tear accepted;
10.2. The Client undertakes not to tamper with, modify or alter any existing setting on the Equipment at any time without prior written consent from AirFibre Solutions. In the event that as a result of unauthorised tampering or modification of the settings of the Equipment by the Client, AirFibre Solutions shall be entitled to charge the Client for rectifying any resulting problems experienced with the Last Mile service on an hourly basis at the current charge out rate applied by AirFibre for its engineers.
10.3. In the event that for the purposes of the delivery of the services to the Client, any Equipment is located at the Client Site, or alternatively is in the possession and/or control of the Client, for the duration of such possession and/or control, the Client shall bear all risk to and in such Equipment, and hereby undertakes to insure the Equipment against theft, lightening, fire flood, damage or destruction and any other foreseeable harm.
- Removal of Equipment11.1. At the termination of the Last Mile service, whether by effluxion of time or by breach, the Client shall allow for and make the necessary Landlord arrangements for AirFibre Solutions, at its own expense, to remove the Equipment from the Client Site.
11.2. Client shall make the Equipment available to AirFibre Solutions for removal in good working order, reasonable wear and tear accepted;
11.3. In the event that the removal of the Equipment is either:
11.3.2. Client has delayed the removal of the Equipment for no justifiable reason for a period of 30 (thirty) days from the termination; or the
11.3.3. Equipment is defective and beyond repair; The Client shall be required to pay AirFibre Solutions the reasonable costs of the replacement of Equipment of the same calibre within 10 (ten) days of receipt of an invoice for such costs from AirFibre Solutions.
- Additional Service Charges12.1. Any additional service charges, including travel time and waiting time related thereto, not contemplated in this Agreement shall be provided by AirFibre Solutions at our hourly service rate and minimum charge.
12.2.The applicable hourly service rate and minimum charge is available from AirFibre Solution upon request.