- TERMS AND CONDITIONS
1.1 The provision of the DSL Services and Products by RSAWEB to the Customer shall be subject to the provisions of the Agreement.
- DEFINITIONS
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 DSL Terms and Conditions.
- DSL COVERAGE
3.1 DSL 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 DSL by the Customer, advise the Customer whether an installed DSL 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, an order for the provision of DSL 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 have 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 DSL line and RSAWEB will advise the Customer accordingly.
3.1.4 RSAWEB is not responsible for the physical DSL infrastructure or its installation. In addition, the method of installation shall remain within the Network Operator’s discretion. RSAWEB assumes no responsibility for any error or omission by the Network Operator.
3.1.5 Prior to any installation taking place, RSAWEB will need to verify that the Customer has DSL coverage at the premises selected by the Customer. The Customer accepts that, should the Customer not have DSL 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 a Copper 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 their own DSL enabled router but accepts that RSAWEB will not take responsibility for any issues relating to the device, downtime due to device issues or network issues which can be linked to a faulty device.
3.3.2 The Customer can also opt to purchase a router from RSAWEB. The router comes with a one year warranty. The Manufacturer’s warranty does not cover failures and damage not caused by the product’s defects. … These terms and conditions include special cases in which liability under the warranty is excluded. This concerns failures resulting from the incorrect use of the device or an accident.
- MOVING PREMISES
4.1 The Customer agrees that, should it move premises and wish to change the location where the copper line is installed, the Customer shall apply to RSAWEB in writing for such a change by Logging a ticket
4.2 Upon receipt of such a request, RSAWEB shall procure that the relevant Provider 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 copper line can be accommodated and, if so, the cost associated therewith.
4.4 Should RSAWEB not be able to relocate the 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 line was originally installed, the 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.
- UPGRADES AND DOWNGRADES
5.1 An application by the Customer to change the bandwidth range or technical characteristics of an existing Copper 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 Copper line concerned and apply the relevant charges with effect from the date that the said change shall have been finally affected.
- 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.
6.1.6 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.
