Vuma Reach Service Terms

VUMA REACH SERVICE
TERMS

Vuma Reach Service Terms

Please Note: Our terms and conditions have been updated, effective as of January 2021.

Please read these terms carefully.

The Services are provided by CipherWave Home Connect (Pty) Ltd, a private company with limited liability having its primary place of business at Design Quarter Office Block 1, Leslie Aveune, Fourways, Gauteng (“Home Connect”).

Our Services are diverse and dynamic. Occasionally our terms or product specifications may change. Home Connect endeavours to notify you of any material changes, and its latest terms will always be available at http://www.home-connect.co.za/master-service-agreement/ 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 accepted in accordance with this Agreement 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 the following words and phrases will have the corresponding meaning, unless the context otherwise requires:

1. 1. Agreement: as between you and Home Connect, these General & Service Terms read together with any terms as stated in the Application and any Service Order.
  2. 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.
  3. Application: the online application form accessed on the Home Connect Portal where you fill-in the required information to order your Product, which when accepted by Home Connect becomes a binding Service Order.
  4. Billing Start Date: The Billing Start Date for a Service will be from when the fibre provider hands over fibre services and your internet is active.
  5. Business Day: every day excluding Saturdays, Sundays and public holidays in RSA.
  6. Charges: the following charges and any other charges or 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.
  7. Call Charges: the charges for packet switched telecommunications services.
  8. 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).
  9. Monthly Fee: monthly recurring charges for a Service.
  10. 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.
  11. 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.
  12. Regulated Customer Data is that Customer Data of which the use, processing or transfer is regulated by law or regulation as personal data.
  13. Customer Site or Site: a physical location at which a Service is provided.
  14. 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.
  15. Effective Date: in relation to a Service, the date upon which 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.
  16. 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 Home Connect or any third party; and such other works in those circumstances necessary to execute Emergency Works.
  17. 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.
  18. Home Connect Portal: at www.portal.home-connect.co.za, where you check the availability of the Provider service in your location before ordering any Product. Home Connect can make no warranty as to the accuracy of this resource provided by the Provider.
  19. 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.
  20. Party: Home Connect or you (per the context), and Parties means both you and Home Connect.
  21. Product: any product offered by Home Connect for Services, whether standalone or bundled with a value add-on product.
  22. Provider: Home Connect’s partner last-mile fibre provider either operating in your area or who you select in your Application. All hardware provided by any Provider will remain the property of the Provider into perpetuity.
  23. Service: the specific service(s) provided by Home Connect to you and as may be further described in the relevant Service Order.
  24. Service Order: An Application and your order for a specific Service to be provided to you by Home Connect, as read with clause 1.11.
  25. Service Equipment: the hardware, software, systems, cabling and facilities provided by Home Connect at your Site in order to make the Service available to you. Home Connect remains the owner of Service Equipment. 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 Provider.
  26. Uncapped meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology-guidelines/.
  27. Unshaped: Home Connect does not prioritise or differentiate between different classes of traffic or protocols.
  28. you / your refers to you, our valued customer, whose details are as supplied to us in your Service Order.
  29. Interpretation: Unless the context otherwise requires, a reference to:
    1.29.1. Singular may refer to plural, and vice versa, as the case may be.
    1.29.2. A person includes a reference to a natural or juristic person including a reference to that person’s legal representatives, successors and permitted assigns.
  30. A document is a reference to that document as supplemented or varied from time to time.
  31. 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.
  32. Calendar Month: means the period beginning on and including the first of each calendar month and ending on and including the last day of such calendar month. E.g: Customer X wants their cancellation to be effective on the 1^st December. Customer X will then need to log the cancellation before the 1^st November (last day to log the cancellation 31^st October) for November to be the calendar notice month. E.g: Customer Z is moving premises on the 1^st July, customer finds out they are moving on the 14^th May. Customer has the remainder of May to log the Move Order application for June to be the calendar notice month.

2. Service Activation

Once you have submitted your Service Order to Home Connect, your Service Order becomes binding on you.

3. Registering on the Home Connect Portal

Go to 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 then complete an Application for Service by entering your details and selecting the Provider and your selected Product.
The Home Connect Portal will generate a Service Order clearly defining all once-off fees and recurring monthly charges, as applicable.
When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination of services, applicable charges will apply as determined by the applicable Fibre Provider and Home-Connect, respectively.
To complete the service order, customers are required to make payment to complete the service order.
Payment options available to the customer are, debit cards, credit cards or through Easypay.

4. Fibre Packages Products

Reach Package:

This includes the cost of fibre installation, any activation fee(s). 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. Installation fees cover up to 30 meters as the cable routes run. Additional meters are charged at R50 per meter and will be billed to directly the to the customer. Trenching is limited up to 5 meters. Should a customer require the fibre line to be reinstalled, or the movement of the fibre device within the home, or changing of the fibre cable route a fee of R700 will be levied directly to the customer by the contractor.
This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
The Vouchers once activated have a 28-day validity. On expiration of the voucher, the customer is required to purchase additional vouchers.
The service is an uncapped and unshaped.
VOIP services not offered on the Reach Network

5. Service Terms

Unless 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“).
Access Circuit: 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.
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 Providers of such other networks.
Throughput Rates and IP Access
5.4.1. Access to, and across, the Home Connect IP Network is at the maximum throughput rates set forth in the Service Order. Maximum throughput rates are not guaranteed.
5.4.2. 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 by Home Connect in accordance with its Acceptable Use Policy, a copy of which can be provided to you on request or found at www.home-connect.co.za.
IP Addresses: Home Connect will dynamically assign 1*/29 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 24hr basis.
Monitoring: Home Connect monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
Resale of Service: Resale of the Service is not permitted.
Accuracy of Your Information: You will provide Home Connect with accurate and up to date information: (i) when completing the Application; and (ii) when you contact Home Connect to report a suspected fault and are asked a standard set of structured questions. Home Connect will not be liable for any loss suffered because of your failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or Service repair.
Maintenance: Scheduled maintenance on the Home Connect Network will be performed during a standard maintenance window during change control windows from 00:00 – 04:00 (UTC +2), as necessary. Home Connect reserves the right to perform emergency maintenance without prior notice but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
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 of the Services.
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.
Vumatel Fibre Reach Services and their service levels are based on a “best-effort” basis and no credits will be issued for downtime.

6. Service Equipment

The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
In the event of failure of the Service Equipment, 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. Where the Service Equipment is replaced, you must return the original Service Equipment to Home Connect.
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 changes to the Service Equipment, other than as previously agreed to in writing by Home Connect.
You shall be held liable for any damage or loss of any terminal equipment (router/ONT/CPE) the cost of which will be obtained directly from the Fibre operator and billed to you.

7. Home Connect Obligations

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

8. Charges and Payment terms

The Line Rental Fee will be operated on a pre-paid service model based on the Monthly Once-Off Service type and the Monthly Recurring Services type.

9. Your Obligations

You will provide Home Connect with such facilities and information as Home Connect may reasonably require enabling it to perform its obligations or exercise its rights under the Agreement.
You warrant and undertake that you will:
9.2.1. use the Service Equipment only for the purpose of receiving the Service.
9.2.2. not move, modify, relocate or in any way interfere with the Service Equipment.
9.2.3. insure and keep insured all Service Equipment installed at the Customer Site against theft and damage.
9.2.4. not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment.
9.2.5. You may not use the Services for any illegal or immoral purpose, and you will abide by the current version of the Home Connect Acceptable Use Policy, available at http://www.Home-Connect.co.za/support/acceptable-use-policy.

10. Term and Termination

These General and Terms take effect in respect of each Service, from the Effective Date of each Service Order.
You may terminate the Service Order at any time by giving Home Connect notice, and the cancellation will only take effect once the voucher as expired. No credits will be issued.
All cancellations must be processed via the Home Connect online portal using your login credentials: https://reach.home-connect.co.za.
Immediately by notice if the other Party has committed a material breach capable of remedy, but which it fails to remedy within 5 Business Days of having been notified of such breach: or
Immediately by notice if, in relation to that Service, a Force Majeure Event subsists for a continuous period exceeding 2 months.
Home Connect may terminate the Agreement (or a specific Service Order) immediately by notice if the Service provided for home/personal use and it is being utilised for other or business purposes.
If Home Connect has reasonable grounds to believe that there has been a violation of its Acceptable and/or Fair Use Policies, 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 hours. If you fail to notify Home Connect that such a remedy has been effected in accordance with this clause or if Home Connect reasonably determines that the violation is continuing or is likely to occur again, Home Connect may terminate this Agreement (or relevant Service) immediately upon notice to you.

11. Liability

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).
Home Connect and our contractors will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
Home Connect is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and Home Connect will have no liability as to the quality, content or accuracy of information received through or as a result of the use of the Services.

12. Force Majeure

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.

13. Intellectual Property

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 Home Connect, its contractors or suppliers.

14. Customer Data and Privacy

You acknowledge that Home Connect and our respective subcontractors will, by virtue of the provision of Services, come into possession of Customer Data.
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.
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 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
3. to communicate to you by voice, letter, fax or email regarding products and services of Home Connect.
You may withdraw consent for the use, processing or transfer of Customer Data as set out above by sending a written notice to Home Connect to such effect, unless it is required to (i) provision, manage account and bill for the Services; (ii) carry out fraud detection; or (iii) comply with any statutory obligation, regulatory requirement or court or other public authority order.

15. Passwords

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 Home Connect.
The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Home Connect.

16. General

1. 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.
2. Variation: This Agreement (or any part thereof) shall be modified only by the written agreement of the Parties.
3. Entire Agreement: The Agreement (being these General Terms and all terms under active Service Order Forms) sets out the entire agreement between Home Connect and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein.
4. Survival: Termination of this Agreement shall not affect a clause that necessarily or by its context requires survival of these General Terms.
5. Testing over Wi-Fi : The service is a best effort Broadband service, Home-Connect endeavours to ensure you are receiving optimal speeds while connected via the ONT over LAN cable. The 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 its limits due factors that interfere with Wi-Fi which is outside or Home-Connect’s control.
  Should you suspect your line is not stable over the Fibre, please conduct a speed test directly over LAN cable and not Wi-Fi, and ensure the following:

Disable all devices connected to the router. This includes, VOIP phones, Tablets, cell phones , smart TVs etc…
Plug the router directly into the 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).
Please do a speed test www.speedtest.net and select the CipherWave Server
Conduct the speed test.

Should you be getting less than the speed the signed up for via LAN , please send screen shots of the testing to support@home-connect.co.za or call 010 612 0611 and the technical team will assist you accordingly.

Use of the Service is subject to the Home Connect Acceptable Use Policy (‘AUP’), which may be located at http://www.Home Connect.co.za/support/acceptable-use-policy/ and the Home Connect Fair Use Policy, which may be located at http://www.home-connect.co.za/fair-use-policy/

Each 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.

You confirm that you have read and understood the information set out and incorporated by reference in these Service Terms.