App  |    010 612 0611  |  [email protected]

General & Service Terms
Read More

General & Service Terms

Please Note: Our terms and conditions have been updated, effective as of January 2025.

Please read these terms carefully.
Our terms or product specifications may occasionally change. Afrihost Home-Connect will endeavour to notify you of any material changes, and its latest terms will always be available at https://home-connect.co.za/terms/ together with the effective date of those terms whether you were notified or not.
We oblige you to check our site regularly. Any use by you of our Services after the effective date of our latest terms, will be deemed to constitute acceptance by you of such terms.
Each Service Order is accepted in accordance with this Agreement and forms an individual agreement that incorporates these General and Service Terms and establishes the terms and conditions under which we will provide those Services to you.

  1. 1. Definitions and Interpretation

    In the Agreement between you and Afrihost Home-Connect, the following words and phrases will have the corresponding meaning, unless the context otherwise requires:

    1. Afrihost Home-Connect: Means Afrihost Home-Connect (Pty) Ltd, a private company with limited liability having its primary place of business at Design Quarter, Office Block 4, Leslie Avenue, Fourways.
    2. Afrihost Home-Connect App: The proprietary smartphone, feature phone or tablet application that is published by Afrihost Home-Connect to facilitate the use of the Services.
    3. Best Effort Service: With this type of service, the Provider does not guarantee a fixed latency, speed, or uninterrupted performance. Because of third-party infrastructures, latency can fluctuate. As per the service agreement, we are not contractually liable for variations in latency on best effort packages, since these fluctuations are inherent to how the service is designed. However, we remain committed to delivering the best possible performance and will gladly investigate any abnormal spikes or ongoing issues to help improve your experience.
    4. Afrihost Home-Connect Portal: Available at www.portal.home-connect.co.za, where you can check the availability of the Last-mile Provider service in the requested location and sign up for new Services, manage your account, billing information and existing Services which you have subscribed to.
    5. Agreement: As between you and Afrihost Home-Connect, EACH Service Order together with these General Terms, Service Terms, Service Level Agreements (if applicable), AUP, FUP, Privacy Policy and Sanctions policy read together with any terms as stated in the Application.
    6. Authority and Mandate: The authorisation you give to Afrihost Home-Connect to debit your account Monthly, on the selected date, which does not constitute the granting of credit or amount to a credit agreement.
    7. Application: The online application form accessed on the Afrihost Home-Connect Portal where you fill-in the required information to order your Product or Service, which becomes a binding Service Order when accepted by Afrihost Home-Connect.
    8. Billing Start Date: The Billing Start Date for a Service will be from when the Last-mile Provider hands over the fibre line Service and your internet Service is active.
    9. Business Day: Every day excluding Saturdays, Sundays and public holidays in the Republic of South Africa.
    10. Charges: the following charges and any other charges or fees payable by you to Afrihost Home-Connect in respect of a Service, as set out or referred to in a Service Order and which are revised from time to time.
    11. Call Charges: The charges for packet switched telecommunications services. Once- Off Charges include but are not limited to installation, connection and/or activation charges and are non-recurring charges for the setup of a Service (including installation of any Service Equipment).
    12. Calendar Month or Month: Means the period beginning on and including the 1st (first) of each Calendar Month and ending on and including the last day of such Calendar Month.
    13. Contended: Multiple users sharing the same network capacity. Contention ratios are based on the individual design of the fibre access network over which the Afrihost Home-Connect service is delivered.
    14. CPA or Consumer Protection Act: The Consumer Protection Act No. 68 of 2002, as amended from time to time.
    15. Customer or You: Means you, the Party described as such on any Application or Service Order and will either be you or the entity that you are duly authorised to represent.
    16. Customer Data: Technical data (for example the date, time and duration of voice or data transmissions) that is necessary for the establishment, billing or maintenance of the transmission. Regulated Customer Data is that Customer Data of which the use, processing or transfer is regulated by law or regulation as personal data.
    17. Customer Site or Site: A physical location at which a Service is provided.
    18. Domicile: the physical address you provide in terms of a proof of address, alternatively per your application form or Authority and Mandate, where you will receive any legal notice.
    19. Effective Date: In relation to a Service, the date upon which Afrihost Home-Connect accepts your correctly completed Application, together with any required documentation, which upon acceptance becomes a Service Order and you receive an e-mail to this effect.
    20. Emergency Works: Works that are necessary at the time to put an end to, or prevent, the arising of imminent or existing circumstances likely to cause: (i) danger to persons or property; (ii) the interruption of any service provided by the Network or the network generated by a third party; (iii) substantial loss to Afrihost Home-Connect or any third party; and such other works in those circumstances necessary to execute Emergency Works.
    21. Force Majeure Event: Any cause beyond a Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, power outages, strike, industrial disputes, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, and acts or omissions of other providers of telecommunications services.
    22. General Terms or General and Service Terms: The Terms and Conditions contained in this document.
    23. Last-mile Provider: Afrihost Home-Connect’s partner last-mile fibre provider either operating in your area or who you select in your Application. All Service Equipment provided by any Last-mile Provider will remain the property of the Last-mile Provider into perpetuity.
    24. Last-mile Provider Equipment: The equipment owned by a Last-mile Provider which is located at your premises and is used to connect and communicate with the Network. Last-mile Provider Equipment includes the Optical Network Terminal (“ONT”) which is used as the connecting interface between Afrihost Home-Connect and you.
    25. Month to Month: The agreement will automatically renew on a monthly basis and such agreement may then be cancelled by providing Afrihost Home-Connect with a Cancellation Request via the customer Portal with a Calendar Month notice prior to the date of the service you wish to cancel.
    26. Monthly Fee: The monthly recurring charges for a Service which a Customer is subscribed to.
    27. Network: The points of presence, network hubs and host computers owned, operated or used by Afrihost Home-Connect in connection with the provision of a Service.
    28. Party: Afrihost Home-Connect or you (as the context indicates), and “Parties” means both you and Afrihost Home-Connect.
    29. Package: A specific internet Service which Afrihost Home-Connect provides to a Customer together with Service Equipment as a single offering.
    30. Product: Any product offered by Afrihost Home-Connect for Services, whether standalone or bundled with a value add-on Product or Service;
    31. Proof of Address (Domicile): The physical address you provide in terms of a proof of address, not older than three (3) months and must be in the form of a lease agreement/rental contract/utility bill or proof of purchase, where you will receive any legal notices.
    32. Proof of ID: Acceptable proof of Identification is Smart ID (both front and back), SA Green ID Book, SA ID Card or a Passport. Refugee document, Driver’s License and Asylum Seeker Documentation is not acceptable.
    33. RICA: The Regulation of Interception of Communications and Provision of Communication-related information Act No. 70 of 2003, as amended from time to time.
    34. Service: The specific service(s) provided by Afrihost Home-Connect to you and as may be further described in the relevant Service Order.
    35. Service Order: An Application and your order for a specific Service to be provided to you by Afrihost Home-Connect.
    36. Service Equipment: The hardware (such as Wi-Fi routers or phones, etc), software, systems, cabling and facilities provided by Afrihost Home-Connect at your Site in order to make the Service available to you, also known as Client Premises Equipment (“CPE”). Service Equipment does not include the Network or any hardware or software that is the subject of a separate supply contract between you and the Last-mile Provider.
    37. Hardware: Refers to any physical equipment or device provided by or used in connection with the services. This includes, but is not limited to, routers, modems, phones, ONTs (Optical Network Terminals), and related networking equipment.
    38. Service Terms: The document which describes specific Terms to a particular Service as amended from time to time.
    39. Support: The assistance provided by Afrihost Home-Connect to its Customers on various communication channels available to ensure that you receive ongoing and effective use of the Services. Such communication channels include the ticketing system on the Afrihost Home-Connect Portal (https://portal.home- connect.co.za/auth/login), App, telephone line (010 612 0611) and email contact ([email protected]).
    40. Terms and Conditions or Terms: Specific rules, conditions and/or guidelines that govern your use of the Services as provided by Afrihost Home-Connect. Terms include, but are not limited to, General Terms, Service Terms, AUP, Privacy Policy, Sanctions Policy and any Terms contained in Service Orders or Applications.
    41. Uncapped: An internet Service which does not have a limit on the amount of Data that can be consumed, however, which may be subject to fair usage and bandwidth constraints.
    42. Unshaped: Afrihost Home-Connect does not prioritise or differentiate between different classes of traffic or protocols. you / your refers to you, our valued Customer, whose details are as supplied to us in your Service Order.
    43. Wi-Fi: A wireless networking technology that allows computers and other devices to communicate over a Wi-Fi signal and Wi-Fi uses radio frequencies which has limitations when there are electrical and physical interferences.

  2. 2. How the Agreement works

    1. The Services which you subscribe to will be described on the Afrihost Home-Connect website and in the Service Orders which you place with Afrihost Home-Connect.
    2. You agree that these General and Service Terms apply to ALL Services offered by Afrihost Home-Connect.
    3. You agree that use of the Service is subject to the Afrihost Home-Connect Acceptable Use Policy (“AUP”), located at http://www.Home-Connect.co.za/support/acceptable- use-policy/ and the Afrihost Home-Connect Fair Use Policy, located at https://home- connect.co.za/fair-use-policy-fup/ (“FUP”).
    4. You agree that the use of the Services is subject to the Afrihost Home-Connect Privacy Policy, located at https://home-connect.co.za/privacy-policy/.
    5. Each Last-mile Provider’s Standard Terms and Conditions for the provision of Services is binding upon you to the extent necessary and their terms and conditions are obtainable on request should you not obtain the terms and conditions directly from the Last-mile Provider.
    6. You agree that EACH separate Service Order together with these General Terms, Service Terms, Service Level Agreements (if applicable), AUP, FUP, Privacy Policy and Sanctions Policy and any Terms contained in an Application form the Agreement between you and Afrihost Home-Connect. The Terms of one Service Order will not apply to another Service Order, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing Agreement.
    7. YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE INFORMATION SET OUT IN THE DOCUMENTS REFERRED TO AND INCORPORATED BY REFERENCE.

  3. 3. Service Application & Activation

    1. You agree that you must first check the availability or coverage of the Last-mile Provider service in your particular location before ordering any Service using a Service Order. Afrihost Home-Connect can make no warranty as to the accuracy of this availability or coverage checker resource provided by the Last-mile Provider.
    2. Making an Application: Visit the Afrihost Home-Connect Portal and register by entering your personal details, then search for coverage in your area. Should fibre coverage be available, you may then complete an Application for Service by entering your details and selecting the Last-mile Provider and your selected Product. You will be advised after our receipt of an application if a Service(s) can be provided.
    3. The Afrihost Home-Connect Portal will generate a Service Order clearly defining all once-off fees and recurring monthly charges, as applicable.
    4. Once you have submitted your Service Order to Afrihost Home-Connect and simultaneously agreed to the Terms and Conditions, Afrihost Home-Connect may carry out any appropriate verification checks on you, to which you hereby consent to. Afrihost Home-Connect’s service team will inform you of the progress of your Service Order.
    5. Once Afrihost Home-Connect is satisfied with your credit record and accepts your Service Order, it becomes binding on you. You agree to be responsible for fees related to the fibre line Service should you cancel the Service Order after Afrihost Home- Connect has accepted the Service Order.
    6. By law, you are required to upload your proof of residence as well as a copy of your ID. The Application will be sent to Afrihost Home-Connect’s service team, who will review your completed Application. If your Application is accepted by Afrihost Home- Connect, the Agreement is complete, and you will thereafter receive an e-mail containing your copy of the Service Order and Debit Order Authority Mandate.
    7. WHEN YOU COMPLETE THE AUTHORITY AND MANDATE, YOU ACCEPT THE TERMS OF THE SERVICE ORDER.
    8. When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination of services, you agree that applicable charges will apply as determined by the applicable Last-mile Provider and Afrihost Home-Connect respectively.
    9. You agree that commencement of the Services is subject to a 7 (seven) Day cooling- off period from the date that the Service Order is accepted, during which you may cancel this Agreement without reason and receive a full refund. This cooling-off period will be interrupted where the applicable Service is made available to you before the end of the period. Where Service Equipment is supplied to you, the cooling- off period commences on the date that you receive the Service Equipment.

  4. 4. RICA requirements

    1. Afrihost Home-Connect (and any of its agents) will perform RICA checks on individuals (natural persons) and companies (juristic persons) who are represented by a duly authorised natural person. Resultantly, RICA verification will always be between Afrihost Home-Connect and a natural person. The natural person will be directly responsible for the use of the Service(s) and all obligations under this Agreement.
    2. You agree that, depending on the Service provided to you, Afrihost Home-Connect may be obliged under RICA to obtain certain information and documents from you.
    3. You agree that should you not provide the necessary information and/or documents to Afrihost Home-Connect, the provision of your Services may be suspended until you comply.
    4. You agree to be bound by the provisions of RICA.
    5. You agree that should you terminate all Services which require RICA, and later, should you wish to sign up for new Services, you will be required to conduct RICA verification again.
    6. You agree that if you sell an activated SIM card to any other person who is not a family member, or if you make an activated SIM card available to another person in any other way, then you must immediately notify Afrihost Home-Connect so that it can conduct RICA verification on the other person.

  5. 5. Fibre Package Services

    Afrihost Home-Connect offers the following fibre Package Services for its Customers which are subject to additional specific Terms and Conditions:

    1. Vumatel Reach Package:
      1. You agree that this Vumatel Reach Package includes the cost of fibre line installation and any activation fee(s). This offer is subject to 1 (one) residential address per Application and does not include the cost of any Fibre installation for change of addresses in case which applicable fees will be charged as per clause 17 below.
      2. You understand that installation fees only cover up to 30 (thirty) meters as the cable routes run. Additional meters are charged at R50 (fifty Rand) per meter and will be billed to directly to you. Trenching is limited up to 5 (five) meters.
      3. Should you require the fibre line Service to be reinstalled, or the movement of the Last-mile Provider Equipment within the home, or changing of the fibre cable route, you agree to pay a fee of R700 which the installing contractor will directly charge you for.
      4. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
      5. You agree that the Vouchers have a 28 (twenty-eight) Day validity once activated. On expiration of the voucher, you are required to purchase additional vouchers.
      6. The service is an uncapped and unshaped.
      7. VOIP services are not offered on the Reach Network.
    2. Ignite Package:
      1. Upon signup, you agree to pay the cost of the fibre Service installation, a once off Activation fee, and a pro-rata amount of your 1st (first) month plus 1 (one) full month’s subscription.
      2. Afrihost Home-Connect will provide you with a “Free-to-Use” dual band Wi- Fi router which remains the property of Afrihost Home-Connect for the first 12 (twelve) Months. The Free-to-Use dual band Wi-Fi router is not applicable to Zoom and Evotel Fibre Customers)
      3. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
      4. Termination will be dealt with as per clause 14 below.
    3. Activate Package:
      1. Should you not have the Fibre installed, you will be charged a once off Fibre installation fee. This once-off fee differs per Last-mile Provider.
      2. If you already have fibre installed, then you will only pay for pro-rata of your first month plus one full month’s subscription.
      3. Afrihost Home-Connect will cover any activation fee(s) for existing Fibre installations and will provide you with a Free-to-Use Wi-Fi router* which Wi- Fi router remains the property of Afrihost Home-Connect for the first 12 (twelve) Months. (The Free-to-Use dual band Wi-Fi router is not applicable to Zoom Fibre Customers).
      4. Termination will be dealt with as per clause 14 below.
      5. IF THE SERVICE IS CANCELLED WITHIN THE 1ST (FIRST) MONTH OF ACTIVATION, THEN YOU AGREE THAT YOU WILL BE LIABLE FOR ANY ACTIVATION AND OR INSTALLATION FEE(S) AND WILL BE INVOICED FOR SAME, WITH THE DUE DATE AS STATED ON THE INVOICE.
      6. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
    4. Connect Package:
      1. This includes the cost of fibre installation, any activation fee(s) and a Free- to-Use dual band Wi-Fi router which remains the property of Afrihost Home- Connect for the first 12 (twelve) Months. (The Free-to-Use dual band Wi-Fi router is not applicable to Zoom Fibre Customers).
      2. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
      3. IF THE SERVICE IS CANCELLED WITHIN THE 1ST (FIRST) MONTH OF ACTIVATION, THEN YOU AGREE THAT YOU WILL BE LIABLE FOR ANY ACTIVATION AND OR INSTALLATION FEE(S) AND WILL BE INVOICED FOR SAME, WITH THE DUE DATE AS STATED ON THE INVOICE.
    5. Ultimate Package:
      1. This includes the cost of fibre installation, any activation fee(s) and a Free- to-Use dual band Wi-Fi router which remains the property of Afrihost Home- Connect for the first 12 (twelve) Months. (The Free-to-Use dual band Wi-Fi router is not applicable to Zoom Fibre Customers).
      2. This offer is subject to 1 (one) address per Application and does not include the cost of any Fibre installation for change of addresses in case which applicable fees will be charged.
      3. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
      4. Termination will be dealt with as per clause 14 below.
    6. Ultimate Package as of April 2020:
      1. This includes the cost of fibre installation, any activation fee(s) and a Free- to-Use dual band Wi-Fi router which remains the property of Afrihost Home- Connect for the first 12 (twelve) Months. (Free-to-Use Wi-Fi router is not applicable to Zoom Fibre Customers).
      2. This offer is subject to 1 (one) address per application and does not include the cost of any Fibre installation for change of addresses, in case which applicable fees will be charged.
      3. Should you terminate prior to the expiration of 12 months, you will be liable.
      4. This Product is charged in advance, with credit check, and does not amount to an incidental or any kind of credit agreement.
      5. Termination will be dealt with as per clause 14 below.
    7. Ultimate Package as of April 2023
      1. This includes:
        1. the cost of fibre installation,
        2. any activation fee(s) on the following networks: Balwin Fibre, Celerity Networks, DNA Tel, Evotel Fibre Suburbs, Fibrenet, Frogfoot, Lightstruck, Linklayer, Mfibre, MetroFibre, MTN, Netstream, Networx, Octotel, Open Fibre, Openserve, Purple Forest (Kikuyu Estate Residents, Munyaka Estate Residents, Polofields Estate Residents and Waterfall View Residents), Route Networks, Steyn City, Thinkspeed, Vumatel, Vodacom, Waterfall Access Networks and Zoom Fibre; and
        3. a Free-to-Use dual band Wi-Fi router which remains the property of Afrihost Home-Connect for the first 12 (twelve) Months. (Free-to-Use dual band Wi-Fi router is not applicable to Zoom Fibre Customers).
      2. An Activation fee of R998 is charged upon sign-up. (Free-to-Use dual band Wi-Fi router is not applicable to Evotel Customers),
      3. This offer is subject to 1 (one) address per application and does not include the cost of any Fibre installation for change of addresses, in case which applicable fees will be charged.
      4. This Product is charged in advance, with credit check, and does not amount to an incidental or any kind of credit agreement.
      5. Termination will be dealt with as per clause 14 below.
    8. TalkTalk Unlimited Value Add-On:
      1. You may add the Talk All You Can Eat offering to any of Afrihost Home- Connect’s Packages which gives you unlimited calls to any South African destination for a set monthly subscription.
      2. You may purchase additional TalkTime for international calls.
      3. Each TalkTalk Unlimited Package will include a single telephone line.
      4. This service is strictly available to home users only (accordingly, businesses of whatever size are precluded from using this service).
      5. This is only available to you via the Afrihost Home-Connect Fibre Network.
      6. Termination will be dealt with as per clause 14 below.

  6. 6. Service Terms

    1.  Specified, Afrihost Home-Connect will provide you with uncontended, uncapped, unshaped access to the Network via a fibre circuit (“Access Circuit”) and the Service Equipment at a Afrihost Home-Connect Point of Presence (“PoP“).
    2. Access Circuit: Afrihost Home-Connect supplies, configures and tests the Access Circuit. Any facilities and extra cabling necessary within the Site are not included in the provision of the Service.
    3. Afrihost Home-Connect provides internet access by transmitting and delivering IP packets between your computer(s) connected on the Network and other networks in accordance with its standard business arrangements with Last-mile Providers of such other networks.
    4. Throughput Rates and IP Access: Access to, and across, the Afrihost Home- Connect IP Network is up to the maximum throughput rates set forth in the Service Order. Maximum throughput rates are not guaranteed.
    5. Due to the nature of the Internet, Afrihost Home-Connect can only control IP throughput rates from the user network interface of the Service Equipment to the point of interconnection between the Network and the Internet.
    6. IP throughput rates may also be reduced by Afrihost Home-Connect in accordance with its Acceptable Use Policy.
    7. IP Addresses: Afrihost Home-Connect will dynamically assign 1*/29 public IP addresses from Afrihost Home-Connect allocated blocks obtained from AfriNIC. Any IP address allocated by Afrihost Home-Connect to you remains the property of Afrihost Home-Connect and you will have a non-transferable licence to use such addresses for a limited time. The dynamic IP will change on a 24 (twenty-four) hour basis.
    8. Monitoring: Afrihost Home-Connect monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
    9. Reporting Service: Afrihost Home-Connect may provide usage information in the Afrihost Home-Connect Portal. The content of any usage information will only be visible to authorised users or authorised Afrihost Home-Connect employees.
    10. Resale of Service: Resale of the Service is not permitted.
    11. Accuracy of Your Information: You will provide Afrihost Home-Connect with true, accurate and up to date information:
      1. when completing the Application; and
      2. when you contact Afrihost Home-Connect to report a suspected fault and are asked a standard set of structured questions. Afrihost Home-Connect will not be liable for any loss suffered as a result of your failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or Service repair.
    12. Maintenance: Scheduled maintenance on the Afrihost Home-Connect Network will be performed during a standard maintenance window during change control windows from 00:00 – 04:00 (UTC +2), as necessary. Afrihost Home-Connect reserves the right to perform emergency maintenance (Emergency Works) without prior notice but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
    13. Security: You acknowledge that the logical and physical security measures in relation to the Services are your sole responsibility and Afrihost Home-Connect will not be held liable for any losses arising out of security breaches of the Services.
    14. Disclaimer: Afrihost Home-Connect will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.
    15. Testing over Wi-Fi: The Service is a best effort Broadband Service, Afrihost Home- Connect endeavours to ensure you are receiving optimal speeds while connected via the ONT over LAN cable. The Afrihost Home-Connect router has Wi-Fi capabilities that delivers the bandwidth to your home over a dual band frequency (this being 2.4GHZ and 5GHZ) , do bear in mind that Wi-Fi has limitations due to factors that interfere with Wi-Fi which is beyond Afrihost Home-Connect’s control. Should you suspect your line is not stable over Wi-Fi, please conduct a speed test directly over LAN cable and not Wi-Fi, and ensure the following:
      1. Disable all devices connected to the router. This includes but is not limied to VOIP phones, Tablets, cell phones, Wi-Fi cameras, streaming boxes and smart TVs.
      2. Plug the router directly into the Last-mile Provider’s CPE or ONT via the LAN/Ethernet cable into your computer (Note your computer CPU usage must not be over-utilized when conducting the test).
      3. Please do a speed test www.speedtest.co.za and select the Afrihost Server Conduct the speed test.
      4. Should the results indicate that the current LAN speed is significantly lower than the Service speed you signed up for, please send screen shots of the testing to [email protected] or call 010 612 0611 and the technical team will assist you accordingly.

  7. 7. Terms are subject to change

    1. Afrihost Home-Connect may amend these General Terms, Service Terms and/or any policies from time to time. The amended versions will be posted on the Afrihost Home-Connect website, and Afrihost Home-Connect will make reasonable efforts to advise you of the changes by way of email and/or via the Afrihost Home-Connect Portal.
    2. YOU AGREE THAT YOU HAVE A DUTY TO KEEP YOURSELF INFORMED OF THE LATEST VERSION OF THE ABOVE DOCUMENTS BY ACCESSING THE AFRIHOST HOME-CONNECT WEBSITE OR PORTAL ON A REGULAR BASIS.
    3. If you object to any of the amendments, you may terminate the Agreement and the termination will only become effective at the end of the usual notice period described in the termination clause below (clause 14).

  8. 8. Service & Last-mile Provider Equipment

    1. The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
    2. If you report an issued with Service Equipment and require a replacement, Afrihost Home-Connect will provide a replacement upon collection of the suspected faulty device.
    3. Once Afrihost Home-Connect receives the Service Equipment, a thorough assessment will be conducted to determine if the Service Equipment is defective or not.
    4. IF TESTING CONFIRMS THAT THE SERVICE EQUIPMENT IS NOT FAULTY, YOU AGREE THAT YOU WILL BE CHARGED (INVOICED) THE CURRENT FULL RETAIL PRICE OF THE REPLACEMENT SERVICE EQUIPMENT THAT WAS PROVIDED TO YOU.
    5. Afrihost Home-Connect reserves the right to provide refurbished Service Equipment as a replacement at its discretion. You further agree that you are responsible to pay for any applicable delivery fees associated with receiving the replacement Service Equipment.
    6. In the event that Afrihost Home-Connect determines that the Service Equipment has failed and such failure is not caused by you, Afrihost Home-Connect will repair or replace (at its discretion) the Service Equipment where such failure is covered by the warranty of the original equipment manufacturer. Subject to clause 9 below, where the Service Equipment is replaced due to a failure not caused by you, you must return the original Service Equipment to Afrihost Home-Connect and Afrihost Home-Connect will waive any collection charges in respect of the faulty device.
    7. YOU ACCEPT LIABILITY FOR ANY COSTS INCURRED BY AFRIHOST HOME-CONNECT AS A RESULT OF REPAIR OR REPLACEMENT OF SERVICE EQUIPMENT WHERE THE SERVICE EQUIPMENT FAILURE WAS CAUSED BY YOUR USE, MISUSE OR MODIFICATIONS TO THE SERVICE EQUIPMENT, UNLESS PREVIOUSLY AGREED TO IN WRITING BY AFRIHOST HOME-CONNECT.
    8. YOU AGREE THAT YOU SHALL BE HELD LIABLE FOR ANY DAMAGE OR LOSS OF ANY LAST-MILE PROVIDER EQUIPMENT (ROUTER/ONT/CPE) THE COST OF WHICH WILL BE OBTAINED DIRECTLY FROM THE LAST-MILE OPERATOR AND BILLED TO YOU.
    9. Warranties:
      1. THE FOLLOWING SCENARIOS WILL VOID ANY APPLICABLE SERVICE EQUIPMENT WARRANTIES:
        1. Physical damage resulting from drops, spills, impacts, exposure to extreme temperatures and including any cracked casings, broken ports, and any signs of mishandling;
        2. Water or liquid damage or exposure which can corrode or short- circuit internal components of the Service Equipment;
        3. Unauthorised modifications, repairs or alterations to the Service Equipment, including third-party repairs, opening the device casing, or hardware modifications; or
        4. Misuse or improper use of the Service Equipment, such as overloading power adapters, using incompatible or uncertified accessories, or installing unauthorised software or firmware.
      2. THE FOLLOWING SCENARIOS ARE NOT COVERED BY THE SERVICE EQUIPMENT WARRANTIES:
        1. Damage to the Service Equipment caused by power fluctuations, loadshedding or lightning;
        2. Ordinary wear and tear, such as scratches, fading, and/or other cosmetic damage that does not impact the functioning of the Service Equipment; or
        3. Damage to the Service Equipment caused by natural events, including floods, earthquakes, or exposure to dust and humidity beyond recommended levels.
    10. For Service Equipment with internal batteries or accessories such as power cords beyond the initial warranty period, a limited warranty may apply.
    11. Ownership of Service Equipment:
      1. You agree that the Wi-Fi router remains the property of Afrihost Home- Connect for a period of 12 (twelve) Months from the date of issuance to you. After the 12 (twelve) Month period, ownership of the Wi-Fi router will transfer to you, at which point you will have full ownership of the Wi-Fi router.
      2. If you wish to switch to another internet service provider after the 12 (twelve) Month period referred to in clause 8.11.1 above, you do not need to return the Wi-Fi router to Afrihost Home-Connect and you may reuse the Wi-Fi router, subject to the new internet service provider’s policies.

  9. 9. Service Equipment returns and refunds

    1. Afrihost Home-Connect has a 7 (seven) day return policy for its Service Equipment. You may return Service Equipment within 7 (seven) days after being delivered to you on the basis of it being defective, incorrect for purpose, purchased in error or due to a Service cancellation.
    2. You agree that returned Service Equipment MUST be in the same condition as shipped, including all shipped packaging, parts, instruction manuals and accessories such as cables and adapters.
    3. You agree that Afrihost Home-Connect may reject a refund claim or refuse to replace the returned Service Equipment with a new unit if the returned Service Equipment is incomplete (any original components, manuals or parts missing) or contains damaged packaging, Service Equipment or accessories. As a consequence, Afrihost Home-Connect may provide refurbished or repurposed Service Equipment instead of new Service Equipment.
    4. The 1st (first) return will be arranged and paid for by Afrihost Home-Connect, including collection and delivery of the Service Equipment or replacement – You agree that you will be liable for all collection and delivery of returns to Afrihost Home-Connect.
    5. YOU AGREE THAT YOU WILL BE SOLELY LIABLE FOR ADDITIONAL RETURNS AND ASSOCIATED COSTS. Afrihost Home-Connect will not be liable for any costs of additional exchanges or returns.
    6. You agree that should you fail to comply with Afrihost Home-Connect’s Terms and Conditions and/or policies, Afrihost Home-Connect will be entitled to effect deductions to any claimed refunds or reject any claims you make for a refund or exchange of Service Equipment.

  10. 10. Charges and Payment terms

    1. Billing start date will commence the day of collection or delivery of the Afrihost Home-Connect Wi-Fi router OR the activation of the fibre line Service.
    2. You agree that any Charges will be due on issue of the invoice and must be paid by way of a debit order against the account details provided by you in the Authority and Mandate.
    3. The initial debit order will be for any Once-Off Charges, pro-rata of your 1st (first) Month plus 1 (one) Monthly Fee in advance.
    4. In the event that a debit order is not honoured, you agree that interest shall accrue on any overdue invoice from the due date until payment at a rate of 2% (two percent) per month. Where a debit order is returned for whatever reason, you will be charged a R108 (one hundred and eight Rand) penalty. Should the outstanding amount remain unpaid then Afrihost Home-Connect will suspend your Services.
    5. If Services are suspended in accordance with clause 13, the full outstanding balance becomes due and payable immediately including the cancellation notice period.
    6. If overdue amounts, including Charges, any admin fees, reconnection fees or any other relevant fees are paid in full, your Services may be re-activated.
    7. Subject to a notice period of 5 (five) Business Days, Afrihost Home-Connect reserves the right to impose a credit limit on any of its Customers as it sees fit.
    8. If you wish to dispute any invoice or part of an invoice falling due you agree that you must, within 7 (seven) Days of the date of the invoice in question, deliver a notice in writing to [email protected] setting out the nature of the dispute, including:
      1. date and number of disputed invoice;
      2. amount in dispute;
      3. reason for dispute; and
      4. supporting documentation, as appropriate.
    9. Fibre line Services that have been suspended for non-payment will be cancelled with the Last-mile Provider after 30 (thirty) Days, and you shall be notified thereof beforehand. You agree that any reactivation after this 30 (thirty)-Day period is subject to you paying a fee determined by the Last-mile Provider.
    10. You agree that in the event of any non-payment in excess of 30 (thirty) Days, in addition to negatively listing your details with any credit bureau, Afrihost Home- Connect may submit such overdue amount for collection. ANY AND ALL COSTS INCURRED AS SUCH WILL BE FOR YOUR ACCOUNT.
    11. Subscription Increases: At Afrihost Home-Connect, we are determined to provide you with competitive and affordable internet Packages, and from time-to-time Afrihost Home-Connect may increase the subscription price or change Packages (migration) or as instructed by the Fibre Network Operator. You acknowledge and agree that Afrihost Home-Connect will be entitled to effect the above increases or Package changes upon providing 30 (thirty) Days written or electronic notice to you.
    12. You agree that you will pay the Charges to Afrihost Home-Connect in accordance with this clause.
    13. Call Charges to South African numbers shall be determined with regards to the relevant call termination rates as applicable from time to time; and International numbers shall be determined in accordance with the rates and billing methodologies as charged by the upstream international termination partners from time to time.
    14. Charges will accrue from the Billing Start Date and will be invoiced by Afrihost Home-Connect for:
      1. Call Charges;
      2. Once-Off Charges;
      3. Rental Charges and/or Monthly Fees monthly in advance. Service(s) provided for part of a month will be charged on a pro-rata basis.
    15. A hardware delivery fee of R199.00 will be charged for each delivery, where applicable.

  11. 11. Your Obligations

    1. You agree that you will provide Afrihost Home-Connect with access to the Customer Site, and such facilities and information as Afrihost Home-Connect may reasonably require to enable it to perform its obligations or exercise its rights under this Agreement.
    2. You warrant and undertake that you will:
      1. provide true and correct information to Afrihost Home-Connect on signup or at any other time during while this Agreement is still valid.
      2. timeously inform Afrihost Home-Connect should a Service not be working as intended;
      3. use the Service Equipment only for the purpose of receiving the Service;
      4. not move, modify, relocate or in any way interfere with the Last-mile Provider Equipment;
      5. insure and keep insured all Service Equipment installed at the Customer Site against theft and damage;
      6. not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment nor the Last-mile Provider Equipment;
      7. if you terminate your Service within 12 (twelve) Months from the date of dispatch, return to Afrihost Home-Connect the Free-to-Use Wi-Fi router (being the Service Equipment) belonging to Afrihost Home-Connect in terms of this Agreement within 2 (two) weeks from the date of termination. (The Free-to-Use dual band Wi-Fi router is not applicable to Zoom Fibre Customers and therefore this clause 11.2.7 does not apply to these Customers) ;
      8. not use the Services for any illegal or immoral purpose, and you will abide by the current version of the Afrihost Home-Connect Acceptable Use Policy, available at http://www.Home-Connect.co.za/support/acceptable- use-policy; and
      9. not improperly use features of the Afrihost Home-Connect website, Portal or App to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or to commit crimes. You agree that Afrihost Home- Connect reserves the right to deem your activity as an “unreasonable exploitation of the system” and that Afrihost Home-Connect shall be entitled to take appropriate action based on the circumstances and severity of the incident(s).

  12. 12. Afrihost Home-Connect Obligations

    1. In performing its obligations under the Agreement, Afrihost Home-Connect will at all times exercise the reasonable skill and care of a competent provider of internet- related services.
    2. Afrihost Home-Connect will use reasonable endeavours to ensure that each Service will conform to its Service Terms.

  13. 13. Service Suspension

    1. Afrihost Home-Connect may by email notice and subject to this Agreement, suspend your Services if, in the sole discretion of Afrihost Home-Connect:
      1. you commit a breach of the Agreement or you engage in any conduct which in the opinion of Afrihost Home-Connect, would have a negative impact on Afrihost Home-Connect, its staff or is disadvantageous to the welfare, good order or character of Afrihost Home-Connect;
      2. any part of the fees in respect of your Services are not paid in full when due and payable;
      3. The information you supplied to Afrihost Home-Connect is found to be incorrect or false; or
      4. Your use of the Services may result in the commission of a crime or is otherwise unlawful.
    2. At its sole discretion and without prejudice to any right which it might have to terminate a Service and/or this Agreement, Afrihost Home-Connect may elect to IMMEDIATELY suspend the provision of a Service (or part thereof) without notice if:
      1. you commit a serious or repeated breach of the Agreement or you engage in any conduct which in the opinion of Afrihost Home-Connect, would have a serious or material negative impact on Afrihost Home-Connect, its staff or is detrimental to the welfare, good order or character of Afrihost Home- Connect.
      2. it has reasonable grounds to consider it is entitled to terminate the Service and/or this Agreement for reasons set out in clause 14 below;
      3. it is obliged to comply with an order, instruction or request of a court, government agency, emergency service or other administrative or regulatory authority;
      4. you commit any act of insolvency;
      5. it needs to carry out Emergency Works to the Network or Service Equipment; or
      6. it has reasonable grounds to consider that the Service is being used fraudulently or illegally or in serious violation of its AUP and/or Fair Use Policies.
    3. If Afrihost Home-Connect exercises its right to suspend the Service (or part thereof) as above, it will, whenever reasonably practicable, give prior notice of such suspension to you, setting out the reasons for the suspension and the expected duration. Afrihost Home-Connect will use all reasonable endeavours to resume the Service as soon as is practically possible after the suspension period provided that you are no longer engaging in the conduct that led to the suspension.
    4. YOU AGREE THAT YOU SHALL PAY TO AFRIHOST HOME-CONNECT ALL REASONABLE COSTS AND EXPENSES INCURRED BY THE IMPLEMENTATION OF SUCH SUSPENSION AND/OR RECOMMENCEMENT DOF THE PROVISION OF THE SERVICE IF THE SERVICE (OR PART THEREOF) IS SUSPENDED AS A CONSEQUENCE OF YOUR BREACH, FAULT, ACT OR OMISSION.
    5. Afrihost Home-Connect will not be liable for any loss, damage or inconvenience suffered by you as a result of any suspension made in terms of this clause 13, except to the extent that such suspension is made pursuant to clause 13.2.3 and for reasons which are solely and directly attributable to the gross negligence of Afrihost Home- Connect and subject to the limitation of liability provisions in clause 15 below.
    6. Consequences for non-Payment of Services for longer than 30 (thirty) days:
      1. In the event of any non-payment in excess of 30 (thirty) Days, in addition to potentially negatively listing your details with any credit bureau which you agree to, Afrihost Home-Connect may submit such overdue amount for collection. YOU AGREE THAT ANY AND ALL COSTS INCURRED IN COLLECTING SUCH AMOUNTS WILL BE FOR YOUR ACCOUNT.
      2. You agree that Afrihost Home-Connect may also use your Data to access the credit bureau data for purposes of, but not limited to:
        1. setting a limit on your Service(s) in terms of clause 10 above;
        2. accessing credit bureau data for purposes of tracing of default Customers; and
        3. any enquiry that is required to assist Afrihost Home-Connect in determining a Customer’s risk profile.

  14. 14. Term and Termination

    1. These General Terms take effect in respect of each Service, from the Effective Date of each Service Order.
    2. Package changes: You agree that in order to downgrade any Service Package (changing your existing Package to a lower-cost Package), you must provide 1 (one) FULL Calendar Month’s notice to this effect, otherwise you will be Charged the fees for the existing Package.
    3. Either Afrihost Home-Connect or you may terminate this Agreement or any Service Order at any time by giving 1 (one) FULL calendar months’ notice (not 30 days) to the other, defined as per clause 1.11 above.
    4. You agree that all cancellations by you must be processed via the Afrihost Home- Connect online Portal using your login credentials: https://portal.home- connect.co.za.
    5. Our Operations team will process your request and will email you confirmation of the cancellation acceptance.
    6. You agree that upon termination of the Agreement any accrued Charges not yet invoiced will become due and payable immediately on receipt of an invoice.
    7. If you cancel the Service Order before the Fibre line is fully installed, then the Customer will be liable for installation charges if any work has been carried out by the Last-mile Provider and or contractor.
    8. Except for the Activate Package as per clause 5.3, should you terminate a Service prior to the expiration of 12 (twelve) months, you agree that you will be liable for all activation and installation fees depending on your chosen Last-mile Provider. Afrihost Home-Connect will notify you of the full settlement amount which you are required to pay.
    9. Afrihost Home-Connect may terminate the Agreement (or the relevant Service Order) WITHOUT NOTICE if you fail to make any payment within 30 (thirty) days of the amount becoming due.
    10. Afrihost Home-Connect may terminate the Agreement or a specific Service Order IMMEDIATELY by notice if:
      1. you have committed a material breach which is incapable of remedy;
      2. you have committed a material breach capable of remedy, but which it fails to remedy within 5 (five) Business Days of having been notified of such breach;
      3. in relation to that Service, a Force Majeure Event subsists for a continuous period exceeding 2 (two) Months; or
      4. the Service is provided for home/personal use, however, it is actually being utilised for other or business purposes.
    11. Certain Services, like Afrihost Home-Connect’s unlimited voice offering, are solely for personal use and using the Service for any other purpose would place you in material breach of the Agreement, and Afrihost Home-Connect reserves its right to immediately cancel the Agreement, suspend Services and have recourse to remedies for breach.
    12. If Afrihost Home-Connect has reasonable grounds to believe that there has been a violation of its Acceptable and/or Fair Use Policies, Afrihost Home-Connect may notify you and require you to remedy the violation in the event of an incident involving a violation of public law or regulation or an imminent threat to the Network, immediately; or in all other cases, within 48 (forty-eight) hours. If you fail to notify Afrihost Home-Connect that such a remedy has been effected in accordance with this clause or if Afrihost Home-Connect reasonably determines that the violation is continuing or is likely to occur again, you agree that Afrihost Home-Connect may terminate this Agreement (or relevant Service) immediately upon notice to you.

  15. 15. Limitation of liability

    1. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under the Agreement is solely limited to the amount paid for such Service(s) in the previous 3 (three) Months.
    2. Afrihost Home-Connect and our contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Services or for the cost of procurement of substitute services.
    3. With respect to the provision of a Service or otherwise, except as expressly set out in the Agreement, all warranties, representations or undertakings, are excluded.
    4. Afrihost Home-Connect is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and Afrihost Home- Connect will have no liability as to the quality, content or accuracy of information received through or as a result of your use of the Services.
    5. If the CPA is applicable to this Agreement, and any provision of this clause 15 is found by a court or tribunal with jurisdiction over Afrihost Home-Connect to be unfair, unreasonable or unjust, then that applicable provision will be severed and the remainder of this clause 15 shall continue to have full force and effect.
    6. In the case of ambiguity, this clause 15 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

  16. 16. Passwords

    1. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for any unauthorised use of the Services, including any resultant damages resulting, until you notify Afrihost Home-Connect.
    2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fees arise from resource consumption due to poor credentials (including, but not limited to blank passwords or “test” accounts) you agree that no fault shall be attributed to Afrihost Home-Connect.

  17. 17. Moving Address

    1. You agree that, should you move premises and wish to change the Customer Site where the fibre line Service is installed, you shall apply for a migration by visiting the Afrihost Home-Connect Portal and select a change of address and follow the prompts. Logging this request will automatically submit a cancellation at the current location and create a new Service Order for the new Customer Site.
    2. Upon receipt of your request, Afrihost Home-Connect shall procure that the relevant Last-mile Provider conducts a feasibility study as to the possibility of accommodating such a request.
    3. Afrihost Home-Connect shall, after receiving the relevant information, inform you whether the relocation of the fibre line to the new Customer Site can be accommodated.
    4. Should Afrihost Home-Connect not be able to relocate the fibre line Service for any reason, you agree to serve your full Calendar Month notice as per the original Terms and Conditions. YOU AGREE TO BE RESPONSIBLE FOR PAYING ANY RECOVERY FEES (ACTIVATION OR INSTALLATION COSTS). If you choose to cancel within the 12 (twelve) Month period of the new application for any reason, you agree that you will be held liable for any and all recovery fees.
    5. Should Afrihost Home-Connect be able to relocate your fibre line Service to the new Customer Site, you will be informed, and the Service Order will be submitted to the relevant Last-mile Provider. The Last-mile Provider will then contact you to arrange a date and time when the fibre line Service and Last-mile Provider Equipment linked to the Services will be installed. Once installed and activated, the fibre line Service concerned will continue with the same Terms and Conditions as per previous agreement, unless otherwise advised in writing by Afrihost Home-Connect.
    6. If you relocate by logging a change of address, you agree that you must bring your current allocated Wi-Fi router to the new Customer Site. Please be aware that by choosing to take the Wi-Fi router along, you will not be able to use it at the previous residence.All the remaining terms of this Agreement, including but not limited to the initial period, in respect of any fibre line Service which has been moved to a different Customer Site in terms of this clause 17, shall remain unaffected by the change of the location of the fibre line Service concerned.

  18. 18. Dispute resolution

    1. If you have a complaint, you must submit the complaint to Afrihost Home-Connect via the established Support channels. Afrihost Home-Connect will make every reasonable effort to resolve complaints through its internal complaints resolution process. If Afrihost Home-Connect is unable to satisfactorily resolve the complaint, and you wish to escalate the matter, you agree that the dispute shall be handled in accordance with the provisions in this clause 18.
    2. Any dispute which cannot be resolved by the Parties will be resolved by expedited arbitration in the English language by a single arbitrator appointed by the Arbitration Foundation of Southern Africa and in accordance with the expedited Rules of the Arbitration Foundation of Southern Africa. The arbitrator’s decision will be final and binding and neither Party shall have a right of appeal in this regard.
    3. Either Party has the right to seek interim relief from any court of competent jurisdiction.
    4. Pending final settlement or determination of a dispute, the Parties agree to continue performing the existing obligations in terms of this Agreement.
    5. You consent to the jurisdiction of the Magistrate’s court in respect of any action that is initiated for the recovery of overdue payments, notwithstanding that the amount of the claim could exceed or exceeds such jurisdiction, the decision on which court to proceed being in the sole direction of Afrihost Home-Connect.
    6. Nothing in this clause 18 shall be interpreted so as to restrict your right to approach a relevant tribunal of your choice in terms of the CPA, if applicable, nor does this clause prevent you from approaching ISPA to follow its complaints process.

  19. 19. Customer Data and Privacy

    1. Afrihost Home-Connect processes personal information as described in its Privacy Policy, which is found here: https://home-connect.co.za/privacy-policy/.
    2. You acknowledge that Afrihost Home-Connect and our respective subcontractors will, by virtue of the provision of Services, come into possession of Customer Data. Afrihost Home-Connect has implemented and maintains appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
    3. Afrihost Home-Connect and its respective subcontractors may use or process Customer Data:
      1. in connection with the provision of Services;
      2. to incorporate Customer Data into databases controlled by Afrihost Home- Connect for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and Customer analysis and reporting, market and Customer-use analysis, and to communicate to you by voice, letter, fax or email regarding products and services of Afrihost Home-Connect.
      3. You may withdraw consent for the use, processing or transfer of Customer Data as set out above by sending a written notice to Afrihost Home-Connect to such effect, unless it is required to
        1. provision, manage account and bill for the Services;
        2. carry out fraud detection; or
        3. comply with any statutory obligation, regulatory requirement or court or other public authority order.
      4. You are required to provide primary contact details which will be used to access and manage your account. Generally, natural persons will use their own details as the primary contact whereas juristic persons like companies will nominate a duly authorised representative as the primary contact. No other parties will be allowed access to or authority over the account via the Afrihost Home-Connect Portal, even if they are a third-party recipient or affiliate of the Customer.
      5. If the primary contact dies, Afrihost Home-Connect may amend the identity of the primary contact in the case of a juristic person, or transfer the account to another person in the case of an individual (natural person). Afrihost Home-Connect will only do so if it receives a lawful written request from a next of kin or executor (in the case of an individual natural person), or from a partner, director or trustee (in the case of a juristic person such as a company, partnership or trust). Before Afrihost Home-Connect makes any change, it will first request appropriate documentation that Afrihost Home-Connect in its sole discretion considers sufficient to establish that the primary contact is indeed deceased, and that Afrihost Home-Connect can lawfully amend the account records or transfer the Customer account as requested.YOU AGREE THAT AFRIHOST HOME-CONNECT WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY PERSON DUE TO AFRIHOST HOME-CONNECT’S DECISION TO DO THIS OR NOT.

  20. 20. Force Majeure

    1. Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for any delay, failure in performance of any part of this Agreement (other than for payment obligations as set out herein) or damages suffered to the extent that such delay or failure is attributable to a Force Majeure Event.

  21. 21. Intellectual Property

    1. You acknowledge that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wherever enforceable, which are used in connection with the Service and/or Service Equipment, will remain the sole property of Afrihost Home-Connect, its contractors or suppliers.

  22. 22. Interpretation & General

    1. Entire Agreement: The Agreement sets out the entire agreement between Afrihost Home-Connect and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein.
    2. Survival: Termination of this Agreement shall not affect a clause that necessarily or by its context requires survival of these General Terms.
    3. No Waiver: Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
    4. Variation: This Agreement (or any part thereof) shall be modified only by the written agreement of the Parties.
    5. Unless the context otherwise requires, a reference to singular may refer to plural, and vice versa, as the case may be. A person includes a reference to a natural or juristic person, as the case may be, including a reference to that person’s legal representatives, successors and permitted assigns; A document is a reference to that document as supplemented or varied from time to time. To the extent that Goods or Services provided in terms of the Agreement are governed by the Consumer Protection Act, then the provision of same is qualified to comply therewith.
    6. Applicable law and jurisdiction: The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the Parties consent to the jurisdiction of the courts of the Republic of South Africa even if such proceedings would otherwise exceed the jurisdiction of any Magistrate’s court (or High court) within the country.
    7. Warranties: If the CPA applies to this Agreement, the provisions of the Agreement will not be interpreted in such a way as to exclude your rights under section 54 (Right to quality service), section 55 (Right to safe, good quality goods) or section 56 (Implied warranty of quality). These sections of the CPA shall apply only to the minimum possible extent. UNLESS THE CONTRARY IS TATED ELSEWHERE IN THE AGREEMENT, YOU WILL HAVE NO RIGHTS IN RESPECT OF QUALITY OF SERVICE, SAFE & GOOD QUALITY GOODS OR IMPLIED WARRANTY OF QUALITY BEYOND THOSE EXPLICITLY STATED IN THOSE SECTIONS OF THE AGREEMENT.
    8. Survival: For avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
    9. No indulgence: If one Party chooses not to enforce any part of this Agreement, that does not mean that the Party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest of the Agreement will still be enforceable.
    10. Representatives: The signatories to this Agreement who are acting in representative capacities warrant that they are authorised to act in such capacities and accept legal liability under this Agreement should the signatories prove to not be so authorised.
    11. Reading down: If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, in so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
    12. Severance: In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.
    13. Conflicts: If there is any conflict between any of the documents which form part of this Agreement, they will be interpreted in descending order of precedence as applicable and as follows:
      1. General Terms;
      2. Service Terms;
      3. Service Level Agreement;
      4. Service Order / Application;
      5. Privacy Policy;
      6. Acceptable Use Policy;
      7. Fair Use Policy; and
      8. Sanctions Policy.

Privacy Preference Center

Privacy Preferences

We use cookie to improve your experience on our site. By using our site you consent cookies.

Privacy

We use cookie to improve your experience on our site. By using our site you consent cookies. Learn more by reading our Privacy Policy