PRODUCT SPECIFIC TERMS AND CONDITIONS – INTERNET ACCESS
THESE PRODUCT SPECIFIC TERMS AND CONDITIONS ARE CONCLUDED IN CONJUNCTION WITH THE EASYWEB GENERAL TERMS AND CONDITIONS AND APPLICABLE SERVICE ORDER FORM WHICH SHALL ALL BE READ AS ONE AGREEMENT.
1. DEFINITIONS AND INTERPRETATION
1.1. Capitalised terms not defined in these Product Specific Terms and Conditions shall have the same meaning as defined in the Easyweb General Terms and Conditions;
1.2. Unless inconsistent with the context, the words and phrases set out below shall mean as follows:
1.2.1. “Access Circuit” means a wired or wireless electronic network service provided by Easyweb or a Network Operator and which is installed at the Customer Premises;
1.2.2. “Best Effort” means the quality of service (for example packet transmission, upload or download speeds) cannot be guaranteed by Easyweb;
1.2.3. “Internet Service” is a Service that is layered over the Access Circuit and allows the Customer to send and receive data packets across the internet;
1.2.4. “Promotional Discount(s)” means discounts applied to, amongst other things, installation Charges;
1.2.5. “Promotional Product(s)” means the provision by Easyweb to the Customer of Customer Premises Equipment, of which the rental is fully or partially subsidised.
2. SERVICE DESCRIPTION AND EXCLUSIONS
The Internet Service provides the Customer with access to the Internet for the transmission and delivery of data packets to and from other networks at the maximum rates set forth in the SOF.
The Internet Services does not include support of local area networks (including Customers’ Wi-Fi networks, security or any other ancillary services.
Where such services are offered by Easyweb, those services must be ordered by Customer and are subject to their own product specific terms and conditions.)
3. FEASABILITY STUDIES
3.1. The provision of Access Circuits are subject to feasibility studies.
3.2. Desktop surveys are performed to conduct initial feasibility studies in order to assist with estimation of availability, lead times and costs.
3.3. Network Operators may amend feasibility results during implementation of a Service when circumstances arise that were not foreseeable during desktop surveys. Examples include excessive fees charged by landlords for access to their premises or substantially altered civil works due to unforeseen factors.
3.4. When a Network Operator amends a feasibility result it may lead to the Access Circuit being reclassified from “feasible” to “not feasible” in which event any agreement that Easyweb and Customer have concluded will be extinguished.
3.5. Amended feasibilities may also lead to increased installation costs or installation lead times. In the event of changes to the feasibility results the Customer agrees to hold Easyweb harmless and to cooperate with Easyweb in good faith to conclude amended terms and conditions that accommodates such changes.
4. INSTALLATION OF AN ACCESS CIRCUIT
4.1. The duration to install an Access Circuit is subject to many factors which are outside the control of Easyweb or the Network Operators. These include, but are not limited to, obtaining approvals from municipalities, roads agencies, utilities providers, other Network Operators, private landowners, and landlords. Construction work may be affected by inclement weather conditions.
4.2. Installation times are therefore only estimates.
4.3. Easyweb shall request the Network Operator do everything reasonably and practically possible to meet installation times but shall not be held liable in any way whatsoever for any delays in the installation of an Access Circuit. Should the Customer terminate the Agreement before an Access Circuit is installed, the Customer shall be obliged to pay to Easyweb a termination fee as set out in the General Terms and Conditions.
4.4. The Customer shall be responsible for making available, at no cost to Easyweb, power, space, including mast space, ducting and other facilities for the purposes of housing the Network Operator’s equipment required for the provision of the Access Circuit to Easyweb. The Customer shall ensure that the Customer’s Premises are accessible at any reasonable time as may be required by Easyweb to fulfil its obligations under this Agreement.
4.5. The Customer acknowledges that he/she/it is solely responsible for obtaining landlord approvals and consents necessary for the installation and use of the Services.
4.6. In the case of jointly used office buildings there is often a common entrance point for telecommunication providers. Any facilities and extra cabling necessary in such circumstances, in particular the connection between the telco entrance point / meet-me-room and Customer's Premises, are not included in the provision of the Service and are the Customer's sole responsibility. Any costs associated to utilise the telco entrance / meet-me-room shall be for the Customer’s account.
4.7. After installation, the Network Operator supplies, configures and tests the Access Circuit.
4.8. Each Network Operator defines its own standard installation. If the installation is considered a non-standard installation by the Network Operator and/or a re-installation or move of network coverage is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that is necessary to install the Access Circuit.
Such costs shall either be charged by the relevant Network Operator directly to the Customer, or through Easyweb, depending on the business model of the Network Operator.
4.9. At any point after installation of an Access Circuit, Easyweb shall be entitled to replace the Customer’s Access Circuit with any other Access Circuit provided that:
4.9.1. the replacement of an Access Circuit does not result in the Customer incurring any additional charges; and
4.9.2. the quality of the new Access Circuit is equal to, or better than, the replaced Access Circuit.
4.10. Once the Network Operator has installed and tested the Access Circuit, it will generally provide Easyweb with a ready for service notification. The Service Commencement Date is the date that Easyweb notifies the Customer that the Service is ready for use, alternatively the date on which the Service is first used by the Customer, whichever occurs first.
4.11. Installation of the Service expressly excludes setting up the Customer’s computer, email account or supporting internal network.
5. THROUGHPUT RATES AND IP ACCESS
5.1. Access to and across the Easyweb IP network is at the maximum throughput rates set out in the Service Order Form.
5.2. The global Internet is by design Best Effort in nature and no individual service provider has any ability to control the reliability of the Internet beyond its own network. Due to the Best Effort natures of the Internet, maximum throughput rates cannot be guaranteed.
5.3. Technical support should be requested only where the performance of the Access Circuit is consistently below the advertised maximum bandwidth speed divided by the advertised contention ratios.
5.4. Web-based speed-tests are not reliable and will not be accepted by Easyweb as conclusive proof of non-performance or breach of contract.
5.5. If a support call is logged with Easyweb, Easyweb shall use industry accepted tests in a controlled test environment to verify the performance of the Access Circuit. Easyweb’s tests shall be conclusive.
6. CUSTOMER PREMISES EQUIPMENT (“CPE”)
6.1. The CPE will be provisioned with a standard configuration in respect of the ordered Service.
6.2. The Customer must identify a suitable location for the CPE. The location must be dry, free from vibration and well ventilated. Installation is only possible if the distance from the termination point of the Access Circuit and a 220V energy supply to the position the Network Coverage is not greater than 2 (two) metres. Non-compliance with this clause may result in a degraded Service, for which Easyweb cannot be held liable.
6.3. In the event of failure of any component making up the CPE, Easyweb will repair or replace (at Easyweb’s discretion) the affected component where such failure is covered by the warranty of the original network coverage manufacturer. Where such CPE is replaced, the Customer must return the affected CPE component to Easyweb.
6.4. The Customer accepts liability for any costs incurred by Easyweb as a result of repair or replacement of CPE where the failure was caused by the Customer’s use, misuse or changes to the CPE.
6.5. Responsibility for the IP configuration in respect of the CPE lies with Easyweb.
6.6. Ownership of the CPE vests in the Easyweb at all times and on termination of the Services for whatever reason must be returned to Easyweb in a good condition, fair wear and tear accepted.
7. IP ADDRESSES
Any public/static IP address allocated by Easyweb to the Customer remains the property of Easyweb and the Customer will have a limited, non-transferable licence to use such IP address for the Service Term.
8.1. The Customer acknowledges that it is solely responsible for all security measures required in respect of the Service and Easyweb shall not be held liable for any losses arising out of any security breaches of the Customer’s Service.
8.2. Easyweb shall not be liable to the Customer for any losses of whatsoever nature arising from malware, ransomware, phishing, vishing, or any similar malicious attack on the Customer.
9.1. The Access Circuit is provided at the Customer’s Premises in accordance with the address provided on the Service Order Form.
9.2. Unless specifically agreed in writing to the contrary, Customer’s relocation will be processed as a termination of the current Internet Access Service and a new contract for Internet Service at the new premises.
Cancellation penalties imposed by Network Operators may apply, and Customer agrees that such penalties may be passed through to Customer by Easyweb.
9.3. To ensure minimum disruption to the Customer, Easyweb will require at least 6 (six) months’ notice of the Customer’s intention to relocate the Services, together with full details of the new Customer Premises.
9.4. All requests for the Access Circuit at new premises shall be subject to a feasibility study as set out in clause 3 to determine whether a Network Operator has adequate infrastructure or Network Coverage in order to provide the Internet Services at that specific location.
9.5. If, after a feasibility study has been conducted it is found that:
9.5.1. it is not feasible to provide the Services at the alternative Customer Premises; or
9.5.2. a new Access Circuit will not be installed by the time the Customer moves to the new Customer Premises; then Easyweb shall suggest an alternative Service to be provided to the Customer as a replacement service and, notwithstanding the provisions of clause 9.2, the Customer shall be obliged to procure from Easyweb such replacement service as best meets the Customer’s requirements.
9.6. Services provided on new Access Circuits or as a replacement to the Access Circuit shall be on a new contract term and shall not continue for the duration of the term of the Access Circuit associated to an existing address, unless Easyweb agrees otherwise in writing.
9.7. In the event that it is not possible to provide the Customer with an alternative Access Circuit or an alternative Service at the new premises, it shall be regarded with as an early termination and dealt with in accordance with the termination provisions set out in the General Terms and Conditions.
10. EASYWEB’S ACCEPTABLE USE POLICY AND FAIR USAGE POLICY
The use of Easyweb’s Services are subject to Easyweb’s Acceptable Use Policy and Fair Usage Policy which can both be found on its website www.easyweb.co.za/legal.
11.1. On installation the once-off installation fee, router delivery costs, administration fee as well as a pro-rata portion of the monthly Charges shall be due and payable within 5 (five) Business Days. Should payment not be received on due date Easyweb shall be entitled to suspend the Service and a re-activation fee shall be applicable.
11.2. All Charges are excluding VAT unless expressly stated otherwise.
11.3. Easyweb shall be entitled to increase the charges under the following circumstances:
11.3.1. Once per year, Easyweb shall pass an annual increase that will be linked to the increased cost of providing the Services in general;
11.3.2. Easyweb may increase the charges commensurate with increases of charges by Network Operators for the rental of the Access Circuit.
12. FIBRE TO THE HOME (“FTTH”) AND FIBRE TO THE BUSINESS (“FTTB”) SERVICES TERMS AND CONDITIONS
12.1. A rental-subsidised router of Easyweb’s specifications shall be provided to all FTTH Customers subject to the provisions of clause 12.4 below and to the proviso that a Customer entering into a month-to-month contract shall continue to order the Service for a period of no less than 6 (six) months.
12.2. The Customer acknowledges that if it is moving from another service provider to Easyweb it is the Customer’s sole responsibility to ensure that it has properly cancelled the services with the erstwhile service provider and that such cancellation has been processed and accepted by the service provider. Easyweb shall not be responsible for co-ordinating start and end dates of contracts with any other service provider.
The risk of overlap of service charges lies entirely with the Customer.
12.3. The Customer acknowledges that if it wishes to terminate its FTTB Service it is required to give Easyweb at least 4 (four) Calendar Months’ written notice to that effect per email to email@example.com
12.4. The Customer acknowledges that if the Customer terminates a Service before the expiry of the Initial Term the Customer may be liable for:
12.4.1. an early termination fee as set out in Easyweb’s General Terms and Conditions; and/or
12.4.2. a recovery of any conditional discounts provided in respect of Promotional Products received by the Customer in relation to the terminated Service -
126.96.36.199. in the case of month to month agreements – if the Customer terminates within the first six months; or
188.8.131.52. in the case of fixed term agreements, if the Customer terminates prior to the expire of the Initial Term;
12.4.3. a recovery of conditional Promotional Discounts received by the Customer in relation to the terminated Service:
184.108.40.206. in the case of month to month agreements – if the Customer terminates within the first twelve months; or
220.127.116.11. in the case of fixed term agreements, if the Customer terminates prior to the expiry of the Initial Term.
12.5. The Customer shall be liable for the Charges in respect of the cancelled Services for the duration of the cancellation notice period.
13. WIRELESS SERVICES TERMS AND CONDITIONS
13.1. The standard installation fee includes a maximum cable run of 30 (thirty) metres and a standard bracket. A cable run in excess of 30 (thirty) metres and any additional non-standard equipment shall be subject to additional Charges.
13.2. The Installation does not include the provision of a wireless router.
13.3. The CPE installed at the Customer’s Premises will at all times remain the property of Easyweb. The Customer acknowledges that any damage suffered by the CPE whilst in the Customer’s possession will be for the Customer’s account and it is therefore required that the Customer obtains insurance for the CPE.
13.4. If an Access Circuit with capacity of 20Mbps and above is provisioned on a point-to-multipoint network architecture may in unique cases be unstable when required to handle the required throughput. In such cases, the only viable technical solution is to change the network architecture of the Access Circuit to a dedicated Point to Point circuit. Point to Point Access Circuits require additional network infrastructure and additional costs comprising of:
13.4.1. an equipment rental on an Easyweb tower;
13.4.2. high site rental on an Easyweb tower;
13.4.3. an additional once-off installation fee (subject to the installation taking place on a Business Day) at the respective Easyweb tower, based on the Service Term applicable, as specified in the relevant Service Order Form.
13.5. The Customer will be quoted for the additional charges at the prevailing rates.
13.6. Callouts to restore line of sight for reasons not attributable to Easyweb will be payable by the Customer on a time-and-materials basis.
14. MOBILE (LTE) SERVICES TERMS AND CONDITIONS
14.1. LTE Services purchased for a 24 (twenty-four) month Service Term qualify for a fully subsidised router of Easyweb’s specifications subject to the Customer honouring the full Service Term. In the event that the Customer terminates the LTE Service before the expiration of the Service Term then:
14.1.1. the Customer shall be liable for the full cost of the router (regardless of the portion of the Service Term that has elapsed); and
14.1.2. the Customer shall be liable for early termination fees as provided for in the General Terms and Conditions.
14.2. Customers ordering the LTE Service on a month-to-month basis are responsible for acquiring their own ICASA type approved LTE router at their own cost.
14.3. Unused data rolls over to the next renewal month (calendar month) for a period of 3 (three) months. Rolled over data will be used first at the start of each calendar month and thereafter the renewal data will be used. Rollover data consists of unused renewal data and unused top-up data.
The most recent rolled over data will be used first, working on a system of ‘last in, first out’. 14.4. The above clause 14.3 only applies to LTE Services which are paid up to date and are renewed monthly.
If a Customer fails to pay the Charges on due date for any reason whatsoever, the Customer shall not be entitled to use any rollover data. Should the Customer terminate the Service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the Service is restored.
14.5. The provision of LTE Services is always subject to the upstream service provider’s network availability.
15. ADSL SERVICES TERMS AND CONDITIONS
15.1. The provision of Easyweb ADSL Services are subject to:
15.1.1. availability on the upstream provider’s network;
15.1.2. the presence of a copper line at the Customer Premises;
15.2. An ADSL router of Easyweb’s specifications shall be provided to all ADSL Customers for the duration of the Service Term subject to the Customer honouring the full Service Term. In the event that the Customer terminates the ADSL Services before the expiration of the Service Term then:
15.2.1. the Customer shall be liable for the full cost of the router (regardless of the portion of the Service Term that has elapsed); and
15.2.2. the Customer shall be subject to early termination fees as provided for in the General Terms and Conditions.
15.3. The Customer acknowledges that if it is moving from another service provider to Easyweb it is the Customer’s sole responsibility to ensure that it has properly cancelled the services with the erstwhile service provider and that such cancellation has been processed and accepted by the service provider. Easyweb shall not be responsible for co-ordinating start and end dates of contracts with any other service provider. The risk of overlap of service charges lies entirely with the Customer.
15.4. Easyweb’s Home ADSL Service is a Best Effort Service subject to the Easyweb Fair Usage Policy and has a contention ratio of 1:30, a public IP address, a service level of up to 14 (fourteen) days and an uptime of 95%.
15.5. Easyweb’s Business ADSL Service is a Best Effort Service with a contention ratio of 1:30, a public IP address, a service level of up to 7 (seven) days and an uptime of 98%.
- End of Product Specific Terms and Conditions – Internet Access -