- 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. These services are available for residential use only and cannot be used for business connectivity.
- 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 FTTH Terms and Conditions.
- 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”). The feasibility maps are given to us by the Fibre Network Operators, and therefore are subject to inaccuracy at times. This will be communicated to you if applicable.
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 FTTH prior to the CICD if the time period from the date of the 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. If the setup fees are covered by RSAWEB on behalf of the client, and the customer cancels the Agreement in accordance with clause 3.5 of the General 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. The installation fee does not apply if you already have a fibre line installed that is not damaged and is still active, however, the connection fee will still be applicable upon cancellation.
3.1.4. The setup fee covered by RSAWEB only covers the standard trenching limit as determined by the Fibre Network Operator. Should the distance of trenching exceed the limit the Fibre Network Operator will engage with the client directly to quote for the additional meterage.
3.1.5. 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.
3.1.6. 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.
3.1.7. 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.
3.1.8. Should the Customer terminate the Agreement during the Initial Period, then the full setup Fee that was initially deferred 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 first working day of each and every calendar month.
3.3. Router and the Router Fee
3.3.1 To facilitate timely delivery of your hardware, please specify your need for a router during the signup process. If you do not select a complimentary router on the order form, RSAWEB cannot guarantee the delivery of any hardware. Be advised that RSAWEB will not assume responsibility for issuing any credits arising from the omission of hardware selection on your order form.
3.3.2. 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.
3.3.3. 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:
3.3.3.1. purchase the router from RSAWEB at the retail value at the time of cancellation; or
3.3.3.2. return the router to RSAWEB in its original condition.
3.3.4. Should the Customer decide to return the router in terms of clause 3.3.3.2 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 return of the router. If the router is not returned within the 10 (ten) day period:
3.3.4.1. 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
3.3.4.2. the router will no longer be insured by RSAWEB and RSAWEB will not accept responsibility for any damage or defaults.
3.3.5. 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.
3.3.6. 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.
3.3.7 In the event that your fibre network provider increases your line speed to 200 Mbps or higher, you might need an upgraded rental router to fully benefit from these enhanced speeds. As the customer, it is your responsibility to notify us if you require upgraded hardware. In such cases, we offer the following two options:
3.3.7.1. We can coordinate a courier service to replace your current device with the upgraded router at a charge of R390 (including VAT).
3.3.7.2. You may visit our offices and exchange the router yourself to avoid the courier fee.
3.4 Hardware Warranty
3.4.1 At RSAWEB, we are committed to providing our customers with top-quality hardware. However, we recognise that accidents, natural disasters, or damage from load-shedding may occur. Considering this, we have established the following hardware warranty policy:
3.4.1.1. Please be aware that our hardware warranty does not cover damages resulting from accidents, acts of nature, or load-shedding-related damage attributable to our suppliers.
3.4.1.2. As the customer, you are responsible for protecting the hardware. By accepting our terms and conditions, you acknowledge and agree to the following:
3.4.1.2.1. You are liable for the full replacement cost of the hardware if it sustains damage due to load-shedding or other power-related issues.
3.4.1.2.2. You must promptly report any loss, damage, theft, or destruction of the hardware to RSAWEB.
3.4.1.2.3. You should take reasonable precautions to prevent loss, damage, theft, or destruction of the hardware, such as including it in your household or building insurance coverage for theft or damage.
3.4.2. Please note that RSAWEB is not liable for any defects that may occur in hardware provided by you.
- 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 logging a ticket and following the prompts. Moving your line does require cancellation at the current location and a new order at the new location.
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. If a customer wishes to move their fibre service to a new residential address, they must terminate their existing service and sign up for the relocation service.
4.7. If a customer relocates by cancelling their old service and ordering a new service, they must bring their current router to the new location. Please be aware that by choosing to take the router along, the customer will not be able to use it at the previous residence, and the subsequent tenant will need to acquire a new router for their own use.
4.8. 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.
4.9. All 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 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.
- 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.
- 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 cut 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 cannot be used in conjunction with other promotional offers such as but not limited to; price cut promotions, early bird specials, and switch specials.
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. Free WiFi assessment Onsite support for critical issues is at the sole discretion of RSAWEB and is only available in Cape Town and Johannesburg areas. For remote support please call us on 087 4700 000, chat with us on Live Chat or Log a ticket for Technical Support.
7.7. Referral Program / Refer a friend promotion: You can only get paid for the successful connection of monthly fibre to the home subscription referrals. The referral program is only applicable for Monthly Fibre to the Home Subscription Referrals, with the stipulation that the referring customer must also be an active subscriber to a monthly fibre service. The discount is in the form of an account credit of R500 for each friend referred to RSAWEB and is only applied to your account, once your friend is connected. You can submit any number of referrals but the discount limit is R2 500 per customer.
7.8. ERRORS & OMISSIONS EXCEPTED (E&OE).
7.9. Should the customer unjustifiably benefit from a promotional discount as advertised or in any other manner in terms of the Agreement, the customer has a duty to immediately notify RSAWEB of the incorrect billing. Further, the customer agrees to fully reimburse RSAWEB for all amounts due and payable to it.
7.10. Where 2 consecutive debit orders are unsuccessful, RSAWEB reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.
