Fibre Service Terms & Conditions

Sections

These terms have been divided into 3 sections, which we summarise below:
PART A - GENERAL PROVISIONS
These provisions are applicable to all our Fibre packages.
PART B - CAPPED Fibre
These provisions are only applicable to our capped Fibre products ("Capped Packages").
PART C - UNCAPPED Fibre
These provisions are only applicable to our Uncapped Fibre products ("UnCapped Packages").

PART A: GENERAL PROVISIONS (Applicable to all Fibre products)

DEFINITIONS

Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.

In these Fibre Service Terms:

Fibre line means a Fibre Line installed to your premesis

Fibre Service means the provisioning of an Fibre service that enables you to send and receive data and email and to access the Internet using a high-speed connection, comprising of various Data Only Packages and All-Inclusive Packages;

HostworX Website means the website located at: https://WWW.HOSTWORX.CO.ZA

All-Inclusive Packages means Fibre Service packages that include the Fibre line rental and Data Only Packages, as more fully described on our Website and as published by us from time to time;

Base Cap or Cap/Capped means the amount of blended data (comprising of both international and/or local data), measured in Gb, that you would like to send and receive during the course of a calendar month;

Gb means Gigabytes;

Kbps means kilobits per second;

Mb means megabyte;

Modem or Router means the device which is used to connect your computer to the Telkom Telephone Service, in order to enable the Fibre Service;

Out of Bundle Billing means you will automatically be charged per Mb for Out of Bundle Usage;

Out of Bundle Usage means any data (per Mb) used by you once your Base Cap has been reached, in other words, data used over and above your Base Cap;

Service Fee means the amount which we will charge you for the Fibre Service selected by you, as recorded in the Application Form and/or displayed on the Fibre Website;

Shaped means that traffic is prioritised and channeled in a specific order, for example web browsing and email traffic will be prioritised;

Fibre Providers means Telkom SA Ltd or the specific fibre providers;

Throttle means the bandwidth management practice used to manage internet traffic whereby your connection speed may be reduced based on your usage patterns and usage history at the discretion of HostworX;

Unshaped means that the traffic is not prioritised and channeled in a specific order. The first service requested is delivered first;

Website means www.HostworX.co.za.

SIGNING UP

You have the following options available to you when signing up with HostworX:

Data Only:

You engage with fibre providers directly for the Fibre line rental and fibre providers attends to the installation of the Fibre line. We will provide you with Internet access over the HostworX Fibre network on a month to month basis, for which you will pay us the Service Fee monthly in advance.

All Inclusive:

You pay one bill to HostworX for your Fibre Service and Fibre line rental.>
Option A - You rent an Fibre line directly from us and we will apply to the fibre providers for the Fibre line on your behalf. You will agree to sign and be bound by the Fibre Terms and Conditions.

Option B - You transfer your existing fibre providers line to HostworX, under which circumstances you will consent in writing that HostworX may terminate your existing Fibre line with fibre providers and that we may transfer your Fibre line to HostworX and you indemnify HostworX against any damages or penalties which may arise from the termination of your existing Fibre line.

BILLING

Provision and Cancellation of Uncapped Products

Uncapped accounts have a required minimum 1 calendar month cancellation period, this means that in the event that you give notification during the then current month, the uncapped account will continue to run until the end of the next month, following the then current month.

If you cancell the account before the normal HostworX billing date, you will receive a further invoice after you have cancelled the account, if you cancelled the account after the normal HostworX billing date, you are still be obligated to pay the invoice that was generated for the following months service.

We use or rely on upstream providers to provide the Fibre Service or certain portions thereof. We accordingly provide the Fibre Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.

You will pay the Service Fee to HostworX monthly in advance by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.

You will pay HostworX for any Out of Bundle Usage, monthly in arrears by way of debit order, or such other manner as agreed, on the last working day of each and every calendar month.

Billing will commence on the Activation Date.

If you signed up or switched over to the Fibre Service in the middle of any calendar month, your first bill will include a pro-rata portion for the remaining period of the month in which you signed up plus the Service Fee for the following month.

HostworX will debit your account on the first debit order run after you signed up. Should you sign up after the debit order run date, HostworX will only debit your account on the following debit order run and your first bill will include a pro-rata portion for the remaining period of the month in which you signed up, plus the Service Fee for the current month, plus the Service Fee for the following month. In other words, you will pay the pro-rata portion plus two months' Service Fee on the next debit order run.

You will be liable for payment of a re-activation fee should your Fibre Line Service be suspended due to your breach of the Agreement or the Fibre providers Terms and Conditions.

Fibre PRE-REQUISITES

Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from HostworX a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/HostworX or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.

Areas marked as available on the map may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. HostworX only offer Fibre to the Home services through our Fibre Line Providers at this time.

Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. HostworX, the Fibre Line Provider or its Contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require 30 days' notice depending on the Fibre Provider, the earliest date for a downgrade request will be displayed in the Client Control Panel when submitting the request. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via the Client Control Panel at least a calendar month before the cancellation date, the earliest available cancellation date will be shown in the Client Control Panel. Cancellation requests which do not adhere to a calendar months notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.

An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of HostworX bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

CONCURRENCY

For most packages you may only have the following connections to the Fibre Service at any given time, unless otherwise agreed:

(one) Fibre connection; (Uncapped Accounts) and

up to (ten) Fibre connections; (Capped Accounts) and

Certain Capped Packages allow for more than one concurrent connection, please visit our Website for more information on the concurrency allowed on your selected package.

DISCLAIMER

We may use or rely on upstream providers to provide the Fibre Service or certain portions thereof. We accordingly provide the Fibre Service subject to the limitations and terms imposed on us by such upstream providers, which includes the actual availability of the upstream provider's network.

We also do not warrant that we will always be in a position to obtain an Fibre line for you from Telkom, or that Telkom will continue to make the Fibre line used by you available to us for the purposes of this Agreement; or that we will always be in a position to lease Fibre lines to subscribers.

DN SECURE

HostworX's new security feature DN Secure is now a compulsory part of the Uncapped Fibre Service assisting you in protecting your Fibre account from being abused or shared by users, other than yourself.

The Uncapped service requires that you successfully configure your Fibre DN number. This is the number used to identify your Fibre Router on the network in order to authenticate and enable you to utilize the Uncapped Fibre Service. You can configure a maximum of two DN Numbers per uncapped account.

You can contact the call centre to assist with the configuring of your DN Secure numbers for your uncapped account.

PART B: CAPPED PRODUCTS (Section 8 only applicable to Capped Fibre products)s

MEASURES TO CONTROL OUT OF BUNDLE USAGE WHERE A BASE CAP APPLIES

Rollover of Data

Unused data rolls over to the following renewal month (calendar month) for a period of 3 months. Rolled over data will be used first from the 1st of each 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.

EXAMPLE
The monthly renewal on a 10GB service is 10GB. The monthly renewal on a service is 10GB. In the last 3 months the following amounts of unused data have rolled over, March 1GB, April 2GB, May 2GB. On the 1st of June the service will renew and 10GB will be allocated together with the 4GB which has rolled over from March to May. Usage from the 1st of June will be deducted from the rolled over data from May then April then March, only once the rolled over data of 4GB has been exhausted will the renewal data of 10GB start being used. Should there be any unused data by the end of June, this data will rollover to July and the process will begin again. Should usage not reach the rolled over data for March it will fall away.

Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason you will not be able to use any Rollover Data until all services are paid up to date. Should you cancel your service any accumulated rollover data will fall away and cannot be reinstated if the cancellation date has passed and the service is restored.

Disclaimer

Because Fibre Services are session based technology, we do not guarantee the efficiency of any measures available to limit your usage, including without limitation any safety lock.

We accordingly do not accept responsibility if you exceed your Base Cap, and we will charge you for Out of Bundle Usage at our prevailing rates.

You are therefore responsible for monitoring and controlling your use of the Fibre Service.

Exceeding your Base Cap

From time to time, in any given month, we may allow you, at our discretion, to exceed your Base Cap without stopping your access to the Fibre Service.

However, if we allow you to exceed your Base Cap in this manner, it will merely constitute a temporary indulgence on our part. It will not constitute a waiver of any of our rights, including (without limitation) our right to stop your access to the Fibre Service if you exceed your Base Cap at any time in the future.

If you exceed your Base Cap, we reserve the right to recover from you the cost of the amount of data by which you have exceeded your Base Cap.

PART C: UNCAPPED Fibre PRODUCTS (only applicable to UnCapped DSL/Fibre products)

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using all Uncapped services and as such we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to managing our network in a way that allows us to provide all users with the best experience possible, however we cannot guarantee that the allocated capacity will always be available.

Home Uncapped / Premium Uncapped (DSL/Fibre)

Home Uncapped services are best suited for average home users who make little to no use of high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to). Home Uncapped services are proactively managed by the Network Protocol Manager.

Premium Uncapped services are better suited to more advanced users, and are managed proactively by the Network Protocol Manager.

Premium Uncapped (DSL and Fibre) - Network Protocol Manager

The Network Protocol Manager is used to provide all uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (such as browsing, email, streaming etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar but not limited to) will receive less priority.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes will be managed by the Network Protocol Manager. The Network Protocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. We reserve the right to use the Network Protocol Manager to manage the integrity of our network should network capacity not be available at any time, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the Network Protocol Manager will be suspended and could have their service cancelled.

Home Uncapped Products (DSL and Fibre) - Network Protocol Manager

Home Uncapped services are managed according to the last 7 days usage projected to 30 days as well as the available capacity on the network at all times.

There are predefined thresholds set and when exceeded the account speed will be managed down to a maximum of 50% of the account speed. Should the demand on the network exceed available capacity these thresholds may be managed more aggressively by the Network Protocol Manager and differ to the table below.

The thresholds per account speed are:

Speed

Threshold

1Mbps20GB
2Mbps40GB
4Mbps80GB
8Mbps100GB
10Mbps120GB
20Mbps200GB
40Mbps250GB
50Mbps250GB
100Mbps300GB
200Mbps400GB
500Mbps600GB
1000Mbps1000GB


Any user that is found attempting to bypass or circumvent the Network Protocol Manager will be suspended and could have their service cancelled.

Business Uncapped (DSL and Fibre)

This is an uncapped service that is prioritised for Business Users based on available network capacity where high priority is required for typical business protocols.

Clients deemed to be continuously uploading/downloading or using the service for unattended automated processes or non-typical business protocols (such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents) will be managed by the NetworkProtocol Manager. The NetworkProtocol Manager may be used to manage clients by rate limiting (slowing down speed) and limiting or preventing service using specific protocols or ports. HostworX reserves the right, to at its discretion manage non typical business protocols such as but not limited to NNTP, Peer-to-Peer, Https Downloading and Torrents and/or rate limit service speed.

We reserve the right to use the Network Protocol Manager to manage services in order to protect the integrity of our network according to the available network capacity, we assure our clients that we will do this in a responsible manner should the need arise.

Any user that is found attempting to bypass or circumvent the Network Protocol Manager will be suspended and could have their service cancelled.