Terms of Service

Wireless Internet Access Agreement

This agreement is entered into by and between you, the customer, and Simplywifi Pty Ltd (“Simplywifi”), with offices at 15 Rink Street, Central, Port Elizabeth, 6000, for the purpose of establishing the terms and conditions under which Simplywifi will provide wireless Internet access services.

Introduction

Simplywifi provides its customers with a high-speed wireless Internet connection, referred to in this agreement as the “Service”.

The Acceptable Use Policy is intended to protect customers and the Internet community while allowing Simplywifi to share its network fairly among all customers.

Simplywifi may modify the terms and conditions of this agreement at any time. The latest terms, service prices and Acceptable Use Policy will be published on the Simplywifi website.

Use of Service at Your Own Risk

The customer is solely responsible for the content of communications sent or received through the Internet.

The Service is provided on an “as is” basis and is used at the customer’s own risk. Simplywifi accepts no responsibility for the accuracy of information obtained through the Service.

Transmission of data over an Internet connection may be affected by errors, delays and interruptions. Simplywifi is not responsible or liable for such errors, delays or interruptions.

The customer acknowledges that current technical and regulatory conditions prevent any absolute expectation of privacy when using Internet services.

Service Disruption

Simplywifi does not guarantee uninterrupted Service. Simplywifi cannot be held responsible for disruption caused by power outages, network faults, equipment malfunction, weather, natural disasters, acts of God or circumstances beyond its reasonable control.

All Internet services are provided on an “as is” and “as available” basis. Simplywifi does not guarantee service availability, transmission quality, connectivity, transmission times or freedom from errors.

The customer acknowledges that the Service is not intended to be used as a primary emergency or life-line telecommunications service.

Installation

The customer authorises Simplywifi and its contractors to install the cabling, wiring, Subscriber Unit, Customer Premises Equipment, antenna, router and other equipment required to provide the Service at the customer’s premises.

A standard installation may include fibre-optic cable along boundary walls, mounting an antenna or wireless transceiver outside a house or building, and routing cables by the most direct practical path to one router at the customer’s premises.

Standard installation does not include fishing cables through walls, extensive attic work, concealed cabling, civil works or connecting multiple routers or additional points.

Custom installation work, additional network points, additional cabling and specialised work may incur additional charges.

Simplywifi and its contractors will take reasonable care during installation but will not be liable for alterations to the customer’s premises resulting from installation or removal of equipment, including holes, cable routes, mounting brackets or similar alterations.

All equipment supplied by Simplywifi under this agreement remains the exclusive property of Simplywifi and must be returned in good working condition when the Service is terminated, expires or is disconnected.

The customer must take reasonable care of the equipment and may not alter, modify, sell, license, assign, encumber, relocate, move or tamper with it.

Installation charges are labour-only charges unless expressly stated otherwise.

Equipment not returned in good working condition within 15 days after termination, expiry or disconnection may be charged to the customer at full replacement cost, including the cost of cabling and associated equipment.

Obstructions and Line of Sight

Wireless Internet service depends on a sufficiently clear line of sight between the customer’s premises and the relevant access point.

Service quality may change because of foliage, new buildings, structures, weather or other physical obstructions.

Simplywifi will make reasonable efforts to realign or relocate equipment where practical, but cannot prevent all line-of-sight problems and does not guarantee continued service where obstructions arise.

Payment Policy for Monthly Subscribers

Simplywifi invoices monthly subscribers in advance. Unless otherwise agreed, invoices are issued by e-mail on or around the 20th of each month.

To allow an account to renew automatically, payment must be received no later than the 25th of the month.

If an account does not renew because payment was received late, a reconnection fee of R150 per customer may apply.

Service, Pricing and Installation Fees

Pricing may be changed from time to time. The applicable package price and installation charge will be those agreed with the customer or published by Simplywifi at the time of order.

Service Calls

Service calls will normally be attended to within 24 hours during business days, Monday to Friday.

Service calls logged over weekends or public holidays will ordinarily be attended to on the next business day.

If Simplywifi attends the customer’s premises and determines that the fault is not caused by the Simplywifi network or associated infrastructure, a minimum service fee of R450 may be charged for the first hour, with additional time billed in half-hour increments.

Standard rates apply during normal business hours. Overtime, weekend and public-holiday rates may be higher. Travel and related charges may also apply.

Hardware supplied by Simplywifi is subject to the manufacturer’s warranty, generally for one year unless the manufacturer specifies otherwise.

Warranty cover does not include damage caused by unstable power, frequent outages, load shedding, depleted prepaid electricity, earth-leakage trips, circuit-breaker trips, unplugging, lightning, surges, negligence or other external causes.

Simplywifi will support equipment for faults covered by the manufacturer’s warranty. Service calls or replacements that fall outside warranty may be charged to the customer.

Subscriber Management for Student Accommodation

Where Simplywifi provides subscriber management services for student accommodation, subscribers may be added, removed, enabled or disabled on the Simplywifi accounting system according to an agreed shared document or subscriber list.

During normal office hours, Monday to Friday from 09:00 to 17:00, connection and disconnection requests will generally be processed within two hours of receipt.

Requests should be submitted through the agreed customer support channel. Requests received outside normal office hours will ordinarily be attended to by 12:00 on the next business day.

Unacceptable Use

Simplywifi may, at its discretion, immediately suspend, reduce or terminate the Service following any one or more of the following:

• Failure to pay service fees by the due date.
• Interference with the distribution of Internet services to other customers or with equipment on the Simplywifi network.
• Propagation of computer viruses, malware or spyware.
• Unauthorised access to another person’s or organisation’s computers, systems or information.
• Sending unsolicited bulk e-mail or spam.
• Any violation of local, national or international law.
• Any violation of Simplywifi’s Acceptable Use Policy.

Excessive Bandwidth Consumption

Activities that may consume unusually large amounts of bandwidth include operating multiple computers or devices, running servers, providing network services to others, continuous downloading or uploading, streaming video or audio, cloud backups and certain gaming applications.

If excessive bandwidth consumption prevents fair access to the network by other customers, Simplywifi may take reasonable steps to protect network performance.

These steps may include managing traffic, limiting bandwidth, restricting communication protocols or discontinuing the Service where necessary.

Service Sharing

The customer may not share, resell or redistribute the Service outside the authorised premises unless Simplywifi has expressly agreed to this in writing.

If Simplywifi discovers that the customer is sharing the Service or providing access to persons or premises outside the agreed service location, Simplywifi may terminate the Service immediately and no refund will be due.

Indemnification

The customer agrees to indemnify and hold harmless Simplywifi, its owners, employees, partners and contractors against losses, liabilities, judgments, awards, costs and reasonable legal expenses arising from or relating to the customer’s use of the Service, the installation of equipment or the customer’s breach of this agreement.

Customer and Simplywifi Equipment

All cabling, antennas, routers, cabinets, power supplies, Subscriber Units and other equipment supplied by Simplywifi remain the property of Simplywifi unless expressly sold to the customer in writing.

Simplywifi is not responsible for maintaining or supporting equipment owned by the customer unless a separate support agreement applies.

Simplywifi is not liable for damage to customer-owned computers, devices, networks or property except where liability cannot lawfully be excluded.

For security reasons, customers will not be granted administrator access to Simplywifi-owned routers, Subscriber Units, Customer Premises Equipment or other managed network devices.

Spamming

Spamming means sending unsolicited bulk e-mail or other unsolicited electronic communications.

Simplywifi does not permit spamming through its Services. A customer found to be sending spam may have the Service suspended or terminated immediately and may not be entitled to a refund.

Cancellation

A customer wishing to cancel the Service must submit the cancellation request in writing.

Where a customer is bound by a signed fixed-term service agreement, cancellation during the initial contractual period may be subject to an early termination fee of R250 per user, or another amount permitted by the agreement and applicable law.

Installation and setup fees are not refundable after installation has been completed.

Discounts or promotional rates may be forfeited when a Service is cancelled early.

The customer remains liable for all fees and charges until the cancellation has taken effect and Simplywifi has acknowledged termination of the Service.