General & Service Terms

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. Definitions and Interpretation

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

   1. 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. Home-Connect App: The proprietary smartphone, feature phone or tablet application published by Home-Connect to facilitate the use of the Services.
   3. 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.
   4. Acceptable Use Policy or AUP: Home-Connect’s policy governing acceptable use of the Services, available at https://home-connect.co.za/support/acceptable-use-policy/.
   5. Agreement: As between you and 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. Application: The online application form accessed on the 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 Home-Connect.
   7. Authority and Mandate: The authorisation you give to 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.
   8. Best Effort Service: A service type where Home-Connect does not guarantee a fixed latency, speed, or uninterrupted performance. Because of third-party infrastructures, latency can fluctuate. Home-Connect is not contractually liable for variations in latency on best effort packages, as these fluctuations are inherent to how the service is designed. Home-Connect remains committed to delivering the best possible performance and will investigate any abnormal or ongoing issues to help improve your experience.
   9. Billing Start Date: The date from which billing commences, being the date on which the Last-mile Provider hands over the fibre line Service and your internet Service is active, or the date of collection or delivery of the Home-Connect Wi-Fi router, whichever is earlier.
   10. Business Day: Every day excluding Saturdays, Sundays and public holidays in the Republic of South Africa.
   11. 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.
   12. Call Charges: The charges for packet switched telecommunications services.
   13. Charges: All charges and fees payable by you to Home-Connect in respect of a Service, as set out or referred to in a Service Order and revised from time to time. This includes, but is not limited to, Call Charges, Once-Off Charges, Monthly Fees and any other applicable fees.
   14. Client or You: Means you, the party described as such on any Application or Service Order, and will either be you personally or the entity that you are duly authorised to represent.
   15. Client 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 Client Data is that Client Data of which the use, processing or transfer is regulated by law or regulation as personal data.
   16. Client Site or Site: A physical location at which a Service is provided.
   17. Contended: Multiple users sharing the same network capacity. Contention ratios are based on the individual design of the fibre access network over which the Home-Connect service is delivered.
   18. CPA or Consumer Protection Act: The Consumer Protection Act No. 68 of 2002, as amended from time to time.
   19. Domicile: The physical address you provide in terms of a proof of address, alternatively per your Application or Authority and Mandate, at which you will receive any legal notice.
   20. Effective Date: In relation to a Service, the date upon which Home-Connect accepts your correctly completed Application, together with any required documentation. Upon acceptance, the Application becomes a Service Order and you will receive an e-mail confirming this.
   21. 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 a third-party network; (iii) substantial loss to Home-Connect or any third party; or such other works as are necessary in those circumstances.
   22. Fair Use Policy or FUP: Home-Connect’s fair use policy available at https://home-connect.co.za/fair-use-policy-fup/.
   23. 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, strikes, 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.
   24. General Terms or General and Service Terms: The terms and conditions contained in this document.
   25. Hardware: 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.
   26. Last-mile Provider: Home-Connect’s partner last-mile fibre provider either operating in your area or selected by you in your Application. All equipment provided by any Last-mile Provider will remain the property of that Last-mile Provider in perpetuity.
   27. 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 Home-Connect and you.
   28. Month to Month: An arrangement whereby the Agreement will automatically renew on a monthly basis and may be cancelled by providing Home-Connect with a Cancellation Request via the Client Portal with a Calendar Month’s notice prior to the date of the Service you wish to cancel.
   29. Monthly Fee: The monthly recurring charges for a Service to which a Client is subscribed.
   30. Network: The points of presence, network hubs and host computers owned, operated or used by Home-Connect in connection with the provision of a Service.
   31. Once-Off Charges: Non-recurring charges for the setup of a Service, including, but not limited to, installation, connection and/or activation charges.
   32. Package: A specific internet Service provided by Home-Connect to a Client, together with Service Equipment, as a single offering.
   33. Party: Home-Connect or you (as the context indicates), and “Parties” means both you and Home-Connect.
   34. Privacy Policy: Home-Connect’s privacy policy available at https://home-connect.co.za/privacy-policy/.
   35. Product: Any product offered by Home-Connect for Services, whether standalone or bundled with a value add-on product or service.
   36. Proof of Address (Domicile): A physical address document not older than three (3) months, in the form of a lease agreement, rental contract, utility bill or proof of purchase, at which you will receive any legal notices.
   37. Proof of ID: Acceptable proof of identification, being a Smart ID (both front and back), SA Green ID Book, SA ID Card or a Passport. A Refugee document, Driver’s Licence or Asylum Seeker documentation is not acceptable.
   38. RICA: The Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2003, as amended from time to time.
   39. Service: The specific service(s) provided by Home-Connect to you as may be further described in the relevant Service Order.
   40. Service Equipment: The hardware (such as Wi-Fi routers or phones), software, systems, cabling and facilities provided by 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.
   41. Service Order: An Application and your order for a specific Service to be provided to you by Home-Connect.
   42. Service Terms: The document which describes terms specific to a particular Service, as amended from time to time.
   43. Support: The assistance provided by Home-Connect to its Clients on various communication channels, including the ticketing system on the Home-Connect Portal (https://portal.home-connect.co.za/auth/login), the App, telephone (010 612 0611) and email ([email protected]).
   44. Terms and Conditions or Terms: Specific rules, conditions and/or guidelines that govern your use of the Services as provided by Home-Connect, including, but not limited to, the General Terms, Service Terms, AUP, Privacy Policy, Sanctions Policy and any terms contained in Service Orders or Applications.
   45. Uncapped: An internet Service which does not have a limit on the amount of data that can be consumed, subject to fair usage and bandwidth constraints.
   46. Unshaped: Home-Connect does not prioritise or differentiate between different classes of traffic or protocols.
   47. Wi-Fi: A wireless networking technology that allows computers and other devices to communicate over a wireless signal, subject to limitations arising from electrical and physical interference.
   48. you / your: Refers to you, our valued Client, whose details are as supplied to us in your Service Order.

2. How the Agreement Works

   1. The Services which you subscribe to will be described on the Home-Connect website and in the Service Orders which you place with Home-Connect.
   2. You agree that these General and Service Terms apply to ALL Services offered by Home-Connect.
   3. You agree that use of the Service is subject to the Home-Connect Acceptable Use Policy (“AUP”), available at https://home-connect.co.za/support/acceptable-use-policy/, and the Home-Connect Fair Use Policy (“FUP”), available at https://home-connect.co.za/fair-use-policy-fup/.
   4. You agree that the use of the Services is subject to the Home-Connect Privacy Policy, available at https://home-connect.co.za/privacy-policy/.
   5. Each Last-mile Provider’s Standard Terms and Conditions for the provision of Services are binding upon you to the extent necessary. Their terms and conditions are obtainable on request should you not obtain them 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 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, AND INCORPORATED BY REFERENCE INTO, THIS AGREEMENT.

3. Service Application and Activation

   1. You agree that you must first check the availability or coverage of the Last-mile Provider service at your particular location before ordering any Service. Home-Connect can make no warranty as to the accuracy of the availability or coverage checker resource provided by the Last-mile Provider.
   2. To make an Application, visit the Home-Connect Portal and register by entering your personal details, then search for coverage in your area. Should fibre coverage be available, you may complete an Application for Service by entering your details and selecting the Last-mile Provider and your chosen Product. You will be advised after receipt of your Application whether the Service(s) can be provided.
   3. The 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 Home-Connect and simultaneously agreed to these Terms and Conditions, Home-Connect may carry out appropriate verification checks on you, to which you hereby consent. Home-Connect’s service team will keep you informed of the progress of your Service Order.
   5. Once 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 Home-Connect has accepted it.
   6. By law, you are required to upload your proof of residence and a copy of your ID. The Application will be reviewed by Home-Connect’s service team. If your Application is accepted, the Agreement is complete and you will receive an e-mail containing your copy of the Service Order and Debit Order Authority and Mandate.
   7. WHEN YOU COMPLETE THE AUTHORITY AND MANDATE, YOU ACCEPT THE TERMS OF THE SERVICE ORDER.
   8. When applying to move, transfer, upgrade, downgrade, change your package or terminate services, you agree that applicable charges will apply as determined by the Last-mile Provider and Home-Connect respectively.
   9. You agree that commencement of the Services is subject to a 7 (seven) day cooling-off period from the date 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 you receive the Service Equipment.

4. RICA Requirements

   1. Home-Connect (and any of its agents) will perform RICA checks on individuals (natural persons) and companies (juristic persons) represented by a duly authorised natural person. RICA verification will always take place between Home-Connect and a natural person. That 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, Home-Connect may be obliged under RICA to obtain certain information and documents from you.
   3. You agree that should you fail to provide the necessary information and/or documents to 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 wish to sign up for new Services, you will be required to undergo RICA verification again.
   6. You agree that if you sell an activated SIM card to any person who is not a family member, or make an activated SIM card available to another person in any other way, you must immediately notify Home-Connect so that it can conduct RICA verification on that person.

5. Fibre Package Services

   Home-Connect offers the following fibre Package Services, each subject to the additional specific terms set out below:

   1. Vumatel Reach Package:
      1. You agree that this 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 a change of address, for which applicable fees will be charged as per clause 18 below.
      2. Installation fees cover up to 30 (thirty) metres as the cable routes run. Additional metres are charged at R50 (fifty Rand) per metre and will be billed directly to you. Trenching is limited to 5 (five) metres.
      3. Should you require the fibre line to be reinstalled, or the Last-mile Provider Equipment moved within your home, or the fibre cable route changed, you agree to pay a fee of R700 (seven hundred Rand), which the installing contractor will charge you directly.
      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 Vouchers have a 28 (twenty-eight) day validity once activated. On expiration, you are required to purchase additional vouchers. No credits will be issued for unused voucher days.
      6. The service is 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 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. Home-Connect will provide you with a “Free-to-Use” dual-band Wi-Fi router, which remains the property of 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 Clients.)
      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 fibre installed, you will be charged a once-off fibre installation fee. This fee differs per Last-mile Provider.
      2. If you already have fibre installed, you will only pay a pro-rata amount for your first month plus one full month’s subscription.
      3. 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 remains the property of Home-Connect for the first 12 (twelve) months. (The Free-to-Use dual-band Wi-Fi router is not applicable to Zoom Fibre Clients.)
      4. Termination will be dealt with as per clause 14 below.
      5. IF THE SERVICE IS CANCELLED WITHIN THE 1ST (FIRST) MONTH OF ACTIVATION, YOU AGREE THAT YOU WILL BE LIABLE FOR ANY ACTIVATION AND/OR INSTALLATION FEE(S) AND WILL BE INVOICED ACCORDINGLY, 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 Package 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 Home-Connect for the first 12 (twelve) months. (The Free-to-Use dual-band Wi-Fi router is not applicable to Zoom Fibre Clients.)
      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, YOU AGREE THAT YOU WILL BE LIABLE FOR ANY ACTIVATION AND/OR INSTALLATION FEE(S) AND WILL BE INVOICED ACCORDINGLY, WITH THE DUE DATE AS STATED ON THE INVOICE.
      4. Termination will be dealt with as per clause 14 below.
   5. Ultimate Package:
      1. This Package 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 Home-Connect for the first 12 (twelve) months. (The Free-to-Use dual-band Wi-Fi router is not applicable to Zoom Fibre Clients.)
      2. This offer is subject to 1 (one) address per Application and does not include the cost of any fibre installation for a change of address, for 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 (from April 2020):
      1. This Package 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 Home-Connect for the first 12 (twelve) months. (The Free-to-Use Wi-Fi router is not applicable to Zoom Fibre Clients.)
      2. This offer is subject to 1 (one) address per Application and does not include the cost of any fibre installation for a change of address, for which applicable fees will be charged.
      3. Should you terminate prior to the expiration of 12 (twelve) months, you will be liable for all applicable recovery fees.
      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 (from April 2023):
      1. This Package 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 Home-Connect for the first 12 (twelve) months. (The Free-to-Use dual-band Wi-Fi router is not applicable to Zoom or Evotel Clients.)
      2. An activation fee of R998 (nine hundred and ninety-eight Rand) is charged upon sign-up.
      3. This offer is subject to 1 (one) address per Application and does not include the cost of any fibre installation for a change of address, for 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 TalkTalk Unlimited offering to any Home-Connect Package, 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 includes a single telephone line.
      4. This service is strictly available to home users only. Businesses of any size may not use this service.
      5. This is only available via the Home-Connect Fibre Network.
      6. Termination will be dealt with as per clause 14 below.

6. Service Terms

   1. Unless otherwise specified, 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 Home-Connect Point of Presence (“PoP”).
   2. Access Circuit: Home-Connect supplies, configures and tests the Access Circuit. Any additional facilities or cabling necessary within the Client Site are not included in the provision of the Service.
   3. 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.
   4. Throughput Rates and IP Access: Access to, and across, the Home-Connect IP Network is up to the maximum throughput rates set out in the Service Order. Maximum throughput rates are not guaranteed. Due to the nature of the internet, 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. IP throughput rates may also be reduced in accordance with the AUP.
   5. IP Addresses: Home-Connect will dynamically assign public IP addresses from Home-Connect allocated blocks obtained from AfriNIC. Any IP address allocated by Home-Connect to you remains the property of 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.
   6. Monitoring: Home-Connect monitors the health of the internet connection by collecting SNMP data at the user network interface on the Service Equipment.
   7. Reporting: Home-Connect may provide usage information via the Home-Connect Portal. Such usage information will only be visible to authorised users or authorised Home-Connect employees.
   8. Resale of Service: Resale of the Service is not permitted.
   9. Accuracy of Information: You will provide Home-Connect with true, accurate and up-to-date information when completing the Application and when you contact Home-Connect to report a suspected fault. Home-Connect will not be liable for any loss suffered as a result of your failure to provide accurate information, which may lead to a delay in installation or Service repair.
   10. Maintenance: Scheduled maintenance on the Home-Connect Network will be performed during standard change control windows from 00:00 to 04:00 (UTC +2), as necessary. Home-Connect reserves the right to perform Emergency Works without prior notice but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
   11. Security: You acknowledge that the logical and physical security measures in relation to the Services are your sole responsibility and Home-Connect will not be held liable for any losses arising out of security breaches.
   12. Disclaimer: 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.
   13. Testing over Wi-Fi: The Service is a best-effort broadband service. Home-Connect endeavours to ensure you are receiving optimal speeds when connected via the ONT over LAN cable. The Home-Connect router has Wi-Fi capabilities that deliver bandwidth over a dual-band frequency (2.4GHz and 5GHz). Wi-Fi is subject to limitations due to electrical and physical interference beyond Home-Connect’s control. Should you suspect your line is not performing as expected over Wi-Fi, please conduct a speed test directly over a LAN cable and follow these steps:
       1. Disable all devices connected to the router, including VOIP phones, tablets, cell phones, Wi-Fi cameras, streaming boxes and smart TVs.
       2. Connect the router directly to the Last-mile Provider’s CPE or ONT via a LAN/Ethernet cable into your computer. Ensure your computer’s CPU usage is not over-utilised during the test.
       3. Conduct a speed test at www.speedtest.co.za and select the Afrihost server.
       4. Should the results show that your LAN speed is significantly lower than the service speed you signed up for, please send screenshots to [email protected] or call 010 612 0611 and our technical team will assist you.

7. Terms Are Subject to Change

   1. Home-Connect may amend these General Terms, Service Terms and/or any policies from time to time. Amended versions will be posted on the Home-Connect website and Home-Connect will make reasonable efforts to advise you of changes by email and/or via the 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 HOME-CONNECT WEBSITE OR PORTAL ON A REGULAR BASIS.
   3. If you object to any amendments, you may terminate the Agreement. Such termination will only become effective at the end of the notice period described in clause 14.

8. Service and 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 issue with Service Equipment and require a replacement, Home-Connect will provide a replacement upon collection of the suspected faulty device.
   3. Once Home-Connect receives the Service Equipment, a thorough assessment will be conducted to determine whether it is defective.
   4. IF TESTING CONFIRMS THAT THE SERVICE EQUIPMENT IS NOT FAULTY, YOU AGREE THAT YOU WILL BE CHARGED THE CURRENT FULL RETAIL PRICE OF THE REPLACEMENT SERVICE EQUIPMENT PROVIDED TO YOU.
   5. Home-Connect reserves the right to provide refurbished Service Equipment as a replacement at its discretion. You further agree that you are responsible for any applicable delivery fees associated with receiving replacement Service Equipment.
   6. In the event that Home-Connect determines that the Service Equipment has failed through no fault of yours, Home-Connect will repair or replace (at its discretion) the Service Equipment where such failure is covered by the original equipment manufacturer’s warranty. Subject to clause 9 below, where replacement is provided under these circumstances, you must return the original Service Equipment to Home-Connect and Home-Connect will waive collection charges in respect of the faulty device.
   7. YOU ACCEPT LIABILITY FOR ANY COSTS INCURRED BY 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, UNLESS PREVIOUSLY AGREED TO IN WRITING BY HOME-CONNECT.
   8. YOU AGREE THAT YOU SHALL BE HELD LIABLE FOR ANY DAMAGE TO OR LOSS OF ANY LAST-MILE PROVIDER EQUIPMENT (ROUTER/ONT/CPE). THE REPLACEMENT COST WILL BE OBTAINED DIRECTLY FROM THE LAST-MILE PROVIDER AND BILLED TO YOU.
   9. Warranties:
      1. THE FOLLOWING WILL VOID ANY APPLICABLE SERVICE EQUIPMENT WARRANTIES:
         1. Physical damage resulting from drops, spills, impacts or exposure to extreme temperatures, including cracked casings, broken ports or signs of mishandling;
         2. Water or liquid damage or exposure that may corrode or short-circuit internal components;
         3. Unauthorised modifications, repairs or alterations, including third-party repairs, opening the device casing or hardware modifications; or
         4. Misuse or improper use, such as overloading power adapters, using incompatible or uncertified accessories, or installing unauthorised software or firmware.
      2. THE FOLLOWING ARE NOT COVERED BY SERVICE EQUIPMENT WARRANTIES:
         1. Damage caused by power fluctuations, load-shedding or lightning;
         2. Ordinary wear and tear, such as scratches, fading or other cosmetic damage that does not affect functioning; or
         3. Damage 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, a limited warranty may apply beyond the initial warranty period.
   11. Ownership of Service Equipment:
       1. You agree that the Wi-Fi router remains the property of Home-Connect for a period of 12 (twelve) months from the date of issuance to you. After 12 (twelve) months, ownership of the Wi-Fi router transfers to you.
       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 Home-Connect and may reuse it, subject to the new provider’s policies.

9. Service Equipment Returns and Refunds

   1. Home-Connect has a 7 (seven) day return policy for its Service Equipment. You may return Service Equipment within 7 (seven) days of delivery 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 dispatched, including all original packaging, parts, instruction manuals and accessories such as cables and adapters.
   3. You agree that Home-Connect may reject a refund claim or refuse to replace returned Service Equipment if it is incomplete (missing original components, manuals or parts) or if the packaging, Service Equipment or accessories are damaged. In such cases, Home-Connect may provide refurbished or repurposed Service Equipment instead of a new unit.
   4. The first return will be arranged and paid for by Home-Connect, including collection and delivery. For all subsequent returns, you agree that you will be solely liable for all associated collection and delivery costs.
   5. YOU AGREE THAT YOU WILL BE SOLELY LIABLE FOR ALL ADDITIONAL RETURNS AND ASSOCIATED COSTS. HOME-CONNECT WILL NOT BE LIABLE FOR ANY COSTS OF ADDITIONAL EXCHANGES OR RETURNS.
   6. You agree that should you fail to comply with Home-Connect’s Terms and Conditions and/or policies, Home-Connect will be entitled to make deductions to any claimed refund or reject any claim for a refund or exchange.

10. Charges and Payment Terms

    1. Billing will commence on the Billing Start Date as defined in clause 1.
    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 cover any Once-Off Charges, a pro-rata amount for your 1st (first) month and 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. A penalty of R108 (one hundred and eight Rand) will be charged where a debit order is returned for any reason. Should the outstanding amount remain unpaid, 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, admin fees, reconnection fees or any other relevant fees are paid in full, your Services may be reactivated.
    7. Subject to a notice period of 5 (five) Business Days, Home-Connect reserves the right to impose a credit limit on any Client as it sees fit.
    8. If you wish to dispute any invoice or part thereof, you must, within 7 (seven) days of the invoice date, deliver a written notice to [email protected] setting out the following:
       1. the date and number of the disputed invoice;
       2. the amount in dispute;
       3. the reason for the 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. Any reactivation after this 30 (thirty)-day period is subject to you paying a reactivation fee determined by the Last-mile Provider.
    10. YOU AGREE THAT IN THE EVENT OF ANY NON-PAYMENT IN EXCESS OF 30 (THIRTY) DAYS, HOME-CONNECT MAY, IN ADDITION TO NEGATIVELY LISTING YOUR DETAILS WITH ANY CREDIT BUREAU, SUBMIT SUCH OVERDUE AMOUNT FOR COLLECTION. ANY AND ALL COSTS INCURRED IN COLLECTING SUCH AMOUNTS WILL BE FOR YOUR ACCOUNT.
    11. Subscription Increases: Home-Connect is committed to providing competitive and affordable internet Packages. From time to time, Home-Connect may increase subscription prices, change Packages (migration) or implement changes as instructed by the Fibre Network Operator. Home-Connect will provide you with 30 (thirty) days’ written or electronic notice before any such increases or changes take effect.
    12. You agree that you will pay the Charges to Home-Connect in accordance with this clause.
    13. Call Charges to South African numbers will be determined in accordance with the relevant call termination rates applicable from time to time. Call Charges to international numbers will be determined in accordance with the rates and billing methodologies charged by upstream international termination partners from time to time.
    14. Charges will accrue from the Billing Start Date and will be invoiced by Home-Connect for:
        1. Call Charges;
        2. Once-Off Charges;
        3. 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 (one hundred and ninety-nine Rand) will be charged per delivery, where applicable.

11. Your Obligations

    1. You agree to provide Home-Connect with access to the Client Site, and such facilities and information as 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 Home-Connect upon signup and at any other time during which this Agreement is in force;
       2. timeously inform 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 Client Site against theft and damage;
       6. not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment or the Last-mile Provider Equipment;
       7. if you terminate your Service within 12 (twelve) months from the date of dispatch, return the Free-to-Use Wi-Fi router belonging to Home-Connect within 2 (two) weeks of the date of termination. (The Free-to-Use dual-band Wi-Fi router is not applicable to Zoom Fibre Clients, and therefore this clause 11.2.7 does not apply to those Clients);
       8. not use the Services for any illegal or immoral purpose, and abide by the current version of the Home-Connect AUP, available at https://home-connect.co.za/support/acceptable-use-policy/; and
       9. not improperly use features of the 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 commit crimes or circumvent system controls. Home-Connect reserves the right to deem any such activity as an “unreasonable exploitation of the system” and to take appropriate action based on the circumstances and severity of the incident(s).

12. Home-Connect Obligations

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

13. Service Suspension

    1. Home-Connect may, by email notice and subject to this Agreement, suspend your Services if, in its sole discretion:
       1. you commit a breach of the Agreement, or engage in any conduct which, in the opinion of Home-Connect, would have a negative impact on Home-Connect, its staff, or is disadvantageous to the welfare, good order or character of 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 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 to terminate a Service and/or this Agreement, 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 engage in any conduct which, in the opinion of Home-Connect, would have a serious or material negative impact on Home-Connect, its staff, or is detrimental to the welfare, good order or character of Home-Connect;
       2. Home-Connect has reasonable grounds to consider that it is entitled to terminate the Service and/or this Agreement for reasons set out in clause 14;
       3. Home-Connect 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. Home-Connect needs to carry out Emergency Works to the Network or Service Equipment; or
       6. Home-Connect has reasonable grounds to consider that the Service is being used fraudulently or illegally, or in serious violation of its AUP and/or FUP.
    3. If Home-Connect exercises its right to suspend the Service (or part thereof), it will, wherever reasonably practicable, give you prior notice of such suspension, setting out the reasons and expected duration. Home-Connect will use all reasonable endeavours to resume the Service as soon as is practically possible, provided that you are no longer engaging in the conduct that led to the suspension.
    4. YOU AGREE THAT YOU SHALL PAY TO HOME-CONNECT ALL REASONABLE COSTS AND EXPENSES INCURRED IN IMPLEMENTING SUCH SUSPENSION AND/OR RECOMMENCEMENT OF THE PROVISION OF THE SERVICE IF THE SERVICE (OR PART THEREOF) IS SUSPENDED AS A CONSEQUENCE OF YOUR BREACH, FAULT, ACT OR OMISSION.
    5. 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 for reasons solely and directly attributable to the gross negligence of Home-Connect and subject to the limitation of liability provisions in clause 16.
    6. Consequences of Non-Payment for More than 30 Days:
       1. In the event of any non-payment in excess of 30 (thirty) days, Home-Connect may negatively list your details with any credit bureau, to which you agree, and 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 Home-Connect may also use your data to access credit bureau data for purposes including:
          1. setting a limit on your Service(s) in terms of clause 10 above;
          2. tracing defaulting Clients; and
          3. any enquiry required to assist Home-Connect in determining a Client’s risk profile.

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: To downgrade any Service Package, you must provide 1 (one) FULL Calendar Month’s notice. Failing to do so will result in you being charged the fees for the existing Package.
    3. Either Home-Connect or you may terminate this Agreement or any Service Order at any time by giving 1 (one) FULL calendar month’s notice (not 30 days) to the other, as defined in clause 1 (Calendar Month).
    4. You agree that all cancellations must be processed via the Home-Connect online Portal using your login credentials at https://portal.home-connect.co.za.
    5. Our Operations team will process your request and 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, you 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 (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. Home-Connect will notify you of the full settlement amount payable.
    9. 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. 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 failed to remedy it within 5 (five) Business Days of having been notified of such breach;
        3. in relation to that Service, a Force Majeure Event has subsisted for a continuous period exceeding 2 (two) months; or
        4. the Service is provided for home/personal use but is being utilised for business or other purposes.
    11. Certain Services, like Home-Connect’s unlimited voice offering, are solely for personal use. Using such a Service for any other purpose constitutes a material breach of the Agreement, and Home-Connect reserves the right to immediately cancel the Agreement, suspend Services and have recourse to remedies for breach.
    12. If Home-Connect has reasonable grounds to believe that there has been a violation of its AUP and/or FUP, it may notify you and require you to remedy the violation: immediately in cases involving a violation of public law or regulation or an imminent threat to the Network; or within 48 (forty-eight) hours in all other cases. If you fail to confirm that the remedy has been effected, or if Home-Connect reasonably determines that the violation is continuing or likely to occur again, Home-Connect may terminate this Agreement (or the relevant Service) immediately upon notice to you.

15. Conduct Towards Home-Connect Staff and in the Public Domain

    1. You agree that you are responsible and will be held accountable for your conduct towards Home-Connect staff, as well as for any public statements, allegations or conduct directed at Home-Connect or its staff in any public domain, including online platforms and public forums.
    2. Home-Connect has a zero-tolerance policy towards abusive conduct. You agree that abusive conduct includes, but is not limited to, aggression, offensive language, threats of any nature, intimidation, or any conduct directed at Home-Connect staff personally or published in a public forum that is harmful, defamatory, discriminatory or otherwise damaging to the reputation or character of Home-Connect or any of its employees.
    3. You agree that any conduct described in clause 15.2 above constitutes a violation of the Home-Connect AUP, available at https://home-connect.co.za/support/acceptable-use-policy/. In such cases, Home-Connect reserves the right to suspend or terminate your Services in accordance with clauses 13 and 14 of this Agreement, without prior notice where the conduct is sufficiently serious.

16. Limitation of Liability

    1. You agree that Home-Connect’s entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement, is solely limited to the amount paid for such Service(s) in the previous 3 (three) months.
    2. Home-Connect and its 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. Except as expressly set out in this Agreement, all warranties, representations or undertakings are excluded with respect to the provision of a Service or otherwise.
    4. Home-Connect is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and 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 16 is found by a court or tribunal with jurisdiction to be unfair, unreasonable or unjust, that provision will be severed and the remainder of this clause 16 will continue to have full force and effect.
    6. In the case of ambiguity, this clause 16 will take precedence over any other expression of the parties’ intention, whether express or implied, contained elsewhere in this Agreement.

17. 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, until you notify Home-Connect.
    2. You assume responsibility for all passwords and other related sensitive information. Should any additional fees arise from resource consumption due to poor credentials (including, but not limited to, blank passwords or “test” accounts), no fault will be attributed to Home-Connect.

18. Moving Address

    1. Should you move premises and wish to change the Client Site where the fibre line Service is installed, you must apply for a migration via the Home-Connect Portal by selecting the change of address option and following the prompts. Logging this request will automatically submit a cancellation at the current location and create a new Service Order for the new Client Site.
    2. Upon receipt of your request, Home-Connect will procure that the relevant Last-mile Provider conducts a feasibility study to assess whether the request can be accommodated.
    3. Home-Connect will inform you whether the relocation of the fibre line to the new Client Site can be accommodated.
    4. Should 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 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 Home-Connect be able to relocate your fibre line Service, you will be informed and the Service Order will be submitted to the relevant Last-mile Provider. The Last-mile Provider will contact you to arrange a date and time for installation. Once installed and activated, the fibre line Service will continue under the same terms, unless otherwise advised in writing by Home-Connect.
    6. If you relocate by logging a change of address, you must bring your current Wi-Fi router to the new Client Site. Please be aware that by doing so, the router will no longer function at the previous address. All remaining terms of this Agreement, including the initial period, in respect of any fibre line Service moved to a different Client Site in terms of this clause 18, will remain unaffected by the change of location.

19. Dispute Resolution

    1. If you have a complaint, you must submit it to Home-Connect via the established Support channels. Home-Connect will make every reasonable effort to resolve complaints through its internal complaints resolution process. If Home-Connect is unable to satisfactorily resolve the complaint, and you wish to escalate the matter, the dispute shall be handled in accordance with this clause 19.
    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, in accordance with its expedited Rules. The arbitrator’s decision will be final and binding and neither party shall have a right of appeal.
    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 their existing obligations under this Agreement.
    5. You consent to the jurisdiction of the Magistrate’s Court in respect of any action initiated for the recovery of overdue payments, notwithstanding that the amount of the claim could exceed such jurisdiction. The decision as to which court to proceed in rests solely with Home-Connect.
    6. Nothing in this clause 19 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.

20. Client Data and Privacy

    1. Home-Connect processes personal information as described in its Privacy Policy, available at https://home-connect.co.za/privacy-policy/.
    2. You acknowledge that Home-Connect and its subcontractors will, by virtue of the provision of Services, come into possession of Client Data. Home-Connect has implemented and maintains appropriate technical and organisational measures to protect Client Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, and against other unlawful forms of processing.
    3. Home-Connect and its subcontractors may use or process Client Data:
       1. in connection with the provision of Services; and
       2. to incorporate Client Data into databases controlled by Home-Connect for the purposes of administration, provisioning, billing and reconciliation, verification of Client identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and Client analysis and reporting, market and Client-use analysis, and to communicate with you by voice, letter, fax or email regarding Home-Connect products and services.
       3. You may withdraw consent for the use, processing or transfer of Client Data as set out above by sending a written notice to Home-Connect, unless such processing is required to:
          1. provision, manage 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 for the purpose of accessing and managing your account. Natural persons will ordinarily use their own details, while juristic persons 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 Home-Connect Portal, even if they are a third-party recipient or affiliate.
       5. If the primary contact dies, Home-Connect may amend the identity of the primary contact (for a juristic person) or transfer the account to another person (for a natural person), upon receipt of a lawful written request from a next of kin or executor, or from a partner, director or trustee (as applicable), accompanied by appropriate documentation confirming the primary contact’s passing. YOU AGREE THAT HOME-CONNECT WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY ANY PERSON DUE TO HOME-CONNECT’S DECISION TO MAKE OR NOT MAKE SUCH CHANGES TO AN ACCOUNT.

21. 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.

22. Intellectual Property

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

23. Interpretation and General

    1. Entire Agreement: This Agreement sets out the entire agreement between Home-Connect and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter herein.
    2. Survival: Termination of this Agreement will not affect any 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 this Agreement shall not be deemed a waiver of that right or benefit, nor shall it bar exercise or enforcement on any later occasion.
    4. Variation: This Agreement (or any part thereof) may only be modified by the written agreement of the parties.
    5. Unless the context otherwise requires, a reference to the singular may refer to the plural and vice versa. A person includes a natural or juristic person, including that person’s legal representatives, successors and permitted assigns. A reference to 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 this Agreement are governed by the CPA, the provision thereof is qualified to comply with the CPA.
    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 arising from it. The parties consent to the jurisdiction of the courts of the Republic of South Africa.
    7. Warranties: If the CPA applies to this Agreement, the provisions of this Agreement will not be interpreted 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 STATED ELSEWHERE IN THIS AGREEMENT, YOU WILL HAVE NO RIGHTS IN RESPECT OF QUALITY OF SERVICE, SAFE AND GOOD-QUALITY GOODS OR IMPLIED WARRANTY OF QUALITY BEYOND THOSE EXPLICITLY STATED IN THOSE SECTIONS OF THE CPA.
    8. Survival: For the avoidance of doubt, any provision of this Agreement that anticipates a right or duty extending beyond termination or expiry will survive 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 preclude enforcement of that part at a later time. If any part of this Agreement is found to be unenforceable, the remainder of the Agreement will remain enforceable.
    10. Representatives: Signatories acting in representative capacities warrant that they are authorised to do so and accept legal liability under this Agreement should they prove not to be so authorised.
    11. Reading Down: If a provision of this Agreement is reasonably capable of an interpretation that would make it valid and enforceable, and an alternative interpretation that would make it void, illegal or unenforceable, it shall be interpreted to the extent necessary to make it valid and enforceable.
    12. Severance: If any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the enforceability of the remainder of this Agreement.
    13. Conflicts: If there is any conflict between any documents forming part of this Agreement, they will be interpreted in the following descending order of precedence:
        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.