Terms and Conditions
No-one really likes digging through the small print, but it’s essential to have these terms and conditions in
place so that everyone is protected. However we'll try and keep them as simple and easy to read as
possible.
The purpose of these rules is to protect both you as the customer and us as the service provider. This is the
best way to prevent any problems that may disrupt the business relationship between us. If you have any
questions regarding any of the points below then please e-mail us at devftth@o-it.co.za and we will
clear up any confusion.
We have tried to include everything that could cause a problem. Sometimes the terms of service are
changed, so please revisit this page every now and then to keep yourself up to date on any changes that
may affect you.
Fibre To The Apartment (PTY) Ltd will send your computer generated invoices for all services rendered to you. All such invoices
and credit notes will be sent to you via e-mail.
Connectivity and Data Centre VPS Terms of Use
General
These terms and conditions govern the use of all of the Fibre To The Apartment (PTY) Ltd connectivity services or any products
that are accompanied by connectivity services. Fibre To The Apartment (PTY) Ltd offers both capped and uncapped fibre
services - please visit our website and go to our connectivity page for more information so that you can
decide which product best fits your needs.
Your contract with Fibre To The Apartment (PTY) Ltd is a legally binding document by which you agree to make use of our
services in terms of the conditions of this Agreement.
You (the customer) or someone specifically appointed by you (the customer's agent) must certify that you
or the agent is above the age of 18 years, has full contractual capacity and is duly authorised by you as the
Applicant to contract on your behalf.
Applicable Documents
The following legal provisions apply to the provision of the Fibre To The Apartment (PTY) Ltd services and are binding on any
subscriber to such service:
Service availability and confirmation of service availability
There must be fibre feasibility in our area of work or stay in order to subscribe to our fibre service.It’s best to
confirm the availability on e-mail to availlability@o-it.co.za.Service availability to any applicant is further
subject to:
• Any credit checks which Fibre To The Apartment (PTY) Ltd may, in its sole discretion, choose to carry out. For this
purpose the applicant hereby authorizes Fibre To The Apartment (PTY) Ltd to conduct credit checks and provide
relevant information to any credit bureau as may be required for this purpose; and
• The applicant must comply with RICA customer registration requirements.
Payment and payment terms
Service fees are payable to Fibre To The Apartment (PTY) Ltd monthly in advance through a debit order.
Payment is due on the last working day of each and every calendar month. Billing will begin on the date on
which service provision starts.
Term and termination
Fibre To The Apartment (PTY) Ltd only operates month-to-month contracts for FTTH, (Fibre to the Home), otherwise stated 1 or 2
year contracts to FTTB, (Fibre to the Business). FTTH which may be cancelled on receipt of a written notice 30
days before the termination date which will be the end of the month.
Fibre To The Apartment (PTY) Ltd reserves the right to terminate this Agreement and any service provision to a customer where
there is a breach of these Terms of Use. The company nevertheless undertakes to act in a reasonable
manner in undertaking any such course of action.
Bandwidth top-ups
When subscribers have used up the bandwidth they have purchased for the month or when they reach the
limit of their fixed cap, they will be hard-capped. This means that users will have no further access to the
internet, additional bandwidth can be purchased at my.ftta.co.za even when capped
and billed in arrears for the additional bandwidth.
Public IP’s
All accounts are enabled with our Public IP’s /30 and if any additional IP Addresses are required they can
be purchased.
Uncapped Fibre - Fair Use Policy
Fibre To The Apartment (PTY) Ltd would prefer to not throttle or shape anyone however will implement some throttling or shaping action against abusers in extreme cases.
Fibre To The Apartment (PTY) Ltd reserves the right to alter the controls of its Uncapped Fibre services while retaining its
uncapped nature.
Usage Monitoring
Fibre To The Apartment (PTY) Ltd' monitors subscribers’ bandwidth usage in order to ensure that bandwidth limitations are not
exceeded. This monitoring is subject to the nature of the Fibre services CPE connection to our network.
Fibre To The Apartment (PTY) Ltd further reserves the right to take any necessary measures to monitor and calculate usage
effectively, including terminating subscriber sessions by remote means.
If a subscriber exceeds the pre-purchased bandwidth or fixed cap then:
Fibre To The Apartment (PTY) Ltd, at its sole discretion, may allow a degree of over usage. Any such over usage allowance is a
discretionary indulgence on the part of the company and shall not in any manner constitute a waiver or
relaxation of the company’s rights to enforce the hard cap.
Fibre To The Apartment (PTY) Ltd may, at its sole discretion, recover the cost of the over usage from the subscriber’s fixed cap
for the next month or from the next top-up purchased.
Fibre To The Apartment (PTY) Ltd also monitors its systems for performance and accounting purposes. The information which
the company garners through these mechanisms may be used to ensure that users are complying with the
Terms of Use and Acceptable Usage Policy.
Subscriber usage management
Subscribers can manage their usage proactively to avoid being prematurely hard capped, as well as
check their bandwidth usage by logging in to the Fibre To The Apartment (PTY) Ltd Usage Portal website
my.ftta.co.za
Disclaimer and Limitation of Liability
Fibre To The Apartment (PTY) Ltd accepts no liability for any loss or damage to the customer’s property or equipment arising
out of the provision, installation or maintenance of their Fibre service.
APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR
APPLICANT.
Subscribers are solely responsible for all actions or internet activities that are authenticated by credentials
(passwords or other information) associated with their account(s). Fibre To The Apartment (PTY) Ltd advises clients to change
their passwords regularly to avoid any security problems. The company accepts no liability for any loss or
damage suffered by subscribers through the use or misuse of their passwords or other authentication
credentials.
• The provision of upstream and network services by third-party providers;
• Fibre Feasibility/Network availability;
• Distance of the customer’s premises to the closes fibre man hole.
• Fibre To The Apartment (PTY) Ltd reserves the right to refuse fibre service based on network, domain and/or equipment
identifiers.
Fibre To The Apartment (PTY) Ltd WILL NOT BE LIABLE TO THE SUBSCRIBER OR TO ANY THIRD PARTY IN RESPECT OF ALL AND
ANY DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE SUBSCRIBER OR THIRD PARTY,
HOWEVER THESE ARISE.
Indemnity
THE CUSTOMER INDEMNIFIES AND HOLDS HARMLESS Fibre To The Apartment (PTY) Ltd IN RESPECT OF ANY DAMAGES, LOSS
OR COSTS OR CLAIMS INSTITUTED AGAINST Fibre To The Apartment (PTY) Ltd ARISING FROM ANY APPLICATION OR
SUBSCRIPTION TO OR USE OF THE SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
“Best effort” service
At present Telkom only offers DSL access services as a “best effort” service, Fibre To The Apartment (PTY) Ltd' DSL service is
likewise also a “best effort” service. Fibre To The Apartment (PTY) Ltd provides no guarantees or warranties whatsoever on
throughput speed or any other aspect of the service. This includes but is not limited to warranties in respect
of merchantability, non-infringement of third party rights, and freedom from errors or interruptions or
availability, other than those warranties that are specified in these terms and conditions.
Due to the fact that Telkom (or other telephony providers) cannot guarantee bandwidth speed when
subscribers access the Internet over a DSL access line, likewise Fibre To The Apartment (PTY) Ltd can also not provide such a
guarantee.
DSL is a means to access the Internet and so remains subject to any bandwidth related constraints which
may apply in the environment of the World Wide Web (WWW).
Service Level Agreement (SLA)
Fibre To The Apartment (PTY) Ltd can tailor a SLA to suit your company's needs. The benefits of a service level agreement are:
• Guaranteed turnaround times
• Reduced hourly rates
• Remote and onsite support
• Good IT infrastructure maintenance, (proactive rather than reactive support)
• Peace of mind that support is always available when required
• Remote system monitoring
Contention ratios
The contention ratio (i.e. the number of users sharing a fibre line) fluctuates as the service grows and more
customers and infrastructure are added. The more users there are on the line, the slower the speed at which
data travels over that connection. Users should choose an ISP based on the lowest contention ratio on offer
in order to maximise their connection speed. Our contention ratio is 10:1 and where possible we try
adhering to this.
Repairs
Fibre To The Apartment (PTY) Ltd assumes that DSL service provision to a subscriber is in good working order until such time as
the subscriber advises Fibre To The Apartment (PTY) Ltd Support of any problems or service interruptions.
Any faults or service interruption should be reported by e-mailing outage@o-it.co.za or by calling
the Fibre To The Apartment (PTY) Ltd Client Services during office hours on 021 286 0446.
Depending on the circumstances of the service interruption and nature of the repairs required,
either Fibre To The Apartment (PTY) Ltd or your telephony provider will be responsible for fixing the service. Repairs will optimally
occur during office hours and the relevant service provider will strive to restore the DSL service in the shortest
possible time.
If either Fibre To The Apartment (PTY) Ltd or the telephony provider ascertains that the fault reported by the subscriber was
caused by subscriber equipment which is not covered by a maintenance agreement, the subscriber will be
liable for payment of the relevant call-out charge.
Service credit
The subscriber is entitled to a credit on the rental amount of the service for the duration of the interruption
on a pro-rata basis. However this only applies if the ADSL service has been completely unavailable for a
continuous period of at least twenty four (24) hours. The credit excludes the line rental for the twenty four
(24) hour period.
The calculation of time periods for the purpose of determining any credit for service interruption will only
begin at the time when the fault is reported to Fibre To The Apartment (PTY) Ltd Support. The credit will only be passed on
request.
Cancellations
To cancel a service, a subscriber must give Fibre To The Apartment (PTY) Ltd written notice no later than one calendar month
before termination is required. Such notice will take effect on the first day of the month immediately
following the end of the notice period.
Amendments
It is important to note that these terms and conditions are subject to change, due to a variety of factors.
Subscribers must agree to revisit these terms and conditions regularly to check for
updates. Fibre To The Apartment (PTY) Ltd will highlight any changes that have been made.
Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to
have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event
that a subscriber does not agree with any amendment they should cease using the service and
contact Fibre To The Apartment (PTY) Ltd.
Fibre To The Apartment (PTY) Ltd Domain and Hosting Services Terms of Use
Introduction
These terms and conditions govern the use of the Fibre To The Apartment (PTY) Ltd’ domain registration and hosting services.
By entering into a contract with Fibre To The Apartment (PTY) Ltd for the specified services you will be legally bound by the
agreement and must comply with the provisions listed therein.
The customer or the customer's agent certifies that he/she is above the age of 18 years, has full contractual
capacity and is duly authorised by the customer to contract on the customer's behalf.
Domain Registration
Fibre To The Apartment (PTY) Ltd registers Internet domains through the relevant governing bodies and hosts websites and
related data on the Fibre To The Apartment (PTY) Ltd server(s) on behalf of its clients. These terms and conditions apply to the
use and registration of domain names and the web hosting services which Fibre To The Apartment (PTY) Ltd provides.
Initial Set-up fees are non-refundable. Domain Name Registration fees are a once-off payment, but are
subject to annual renewal charges.
Cancellation
Should you wish to cancel any Domain Registration or Web Hosting, you must submit your request in writing
to Fibre To The Apartment (PTY) Ltd one calendar month (30 days) before the date of termination.
Fibre To The Apartment (PTY) Ltd reserves the right to alter its pricing structure at any time, but undertakes to give reasonable
notice to subscribers of any such changes. Fibre To The Apartment (PTY) Ltd may cease offering certain web hosting package
types; however, if this occurs the company will then either provide the web hosting service for the
remainder of the period that has been paid for or refund the amount paid for that specific package.
Payment and payment terms
The amounts due to Fibre To The Apartment (PTY) Ltd for the first month of service will be calculated on a pro-rata basis from
the date of signature to the end of that month and will then be added to the first debit at the end of the
following month. The client undertakes to ensure that there are sufficient funds in the account from which
the debit order is taken to cover such amount.
If a debit order amount is recalled because of incorrect information supplied by client or because there are
insufficient funds in the account to cover the amount, Fibre To The Apartment (PTY) Ltd will immediately suspend its hosting
services for the client’s domain.
If a website hosting service is suspended because of non-payment, a reconnection fee of R150.00 will be
payable in order for access to the site to be restored.
Fibre To The Apartment (PTY) Ltd may register a customer’s account with a credit bureau along with the payment records of
that account.
Liability for registration and use of domain names
Fibre To The Apartment (PTY) Ltd does not conduct pre-registration searches concerning the customer's use and registration of
its selected domain name/s. The company is therefore not obliged to either advise the client about possible
conflicting third party rights or to take steps to prevent possible disputes arising from a third party’s
intellectual property or other rights pertaining to that domain name.
If the use or registration of the domain name by the customer does not interfere with nor infringe the rights
of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name,
close corporation name, copyright nor any other intellectual property right, then that customer has the right
to use the domain name.
Fibre To The Apartment (PTY) Ltd cannot act as an arbiter of disputes arising out of the registration and use of domain names.
The client must acknowledge that Fibre To The Apartment (PTY) Ltd may be presented with evidence that a domain name
registered by the client violates the rights of a third party. If this occurs then Fibre To The Apartment (PTY) Ltd may provide a
complainant with the client's name and address. All further communication will
exclude Fibre To The Apartment (PTY) Ltd and Fibre To The Apartment (PTY) Ltdwill have no further obligations to the customer with regard to the
matter. In this case the client will be entitled to continue using the domain name in question until a court or
other body with jurisdiction gives instructions to terminate the hosting of that domain.
Hosting services
Fibre To The Apartment (PTY) Ltd SMTP mail services by default with any hosting packages. These are available on request at
an additional charge.
Fibre To The Apartment (PTY) Ltd reserves the right to suggest suitable mail service alternatives to the client and / or levy
charges for excessive traffic as it deems appropriate and at its sole discretion.
Fibre To The Apartment (PTY) Ltd reserves the right to suggest suitable alternatives to the customer for excessive Web Server
Processor usage as it deems appropriate and at its sole discretion.
Fibre To The Apartment (PTY) Ltd reserves the right (but does not assume any obligation) to inspect the contents of data that
the customer transmits, receives or stores on an Fibre To The Apartment (PTY) Ltd server to ensure compliance with this
Agreement or any applicable laws regulations or codes of practice.
Disclaimers, Limitations and Indemnities
Fibre To The Apartment (PTY) Ltd will not be liable for any loss or damage, interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost profits), regardless of the form of action,
whether in contract, delict, or otherwise which may be suffered as a result of, or which may be attributable,
directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION
TAKEN BY Fibre To The Apartment (PTY) Ltd IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT
OFFERS.
The Customer hereby indemnifies and holds harmless Fibre To The Apartment (PTY) Ltd against any loss whatsoever arising from
any dispute or claim or other action occasioned by the client’s use and registration of its selected domain
name, even if Fibre To The Apartment (PTY) Ltd has been advised of the possibility of such damages.
Fibre To The Apartment (PTY) Ltd will not be liable for any indirect or consequential loss, damage, cost or expense of any kind,
irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise,
including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Neither Fibre To The Apartment (PTY) Ltd nor its employees, affiliates, agents, third party information providers, merchants,
licensers or the like, warrant that Fibre To The Apartment (PTY) Ltd’ server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the use of the server service or as to
the accuracy, reliability or content of any information service or merchandise contained in or provided
through the Fibre To The Apartment (PTY) Ltd server service, unless otherwise expressly stated in this Agreement.
Fibre To The Apartment (PTY) Ltd expressly limits its liability to the client for any period of non-accessibility or other down time to
the pro-rata monthly charge during the period of system unavailability. Fibre To The Apartment (PTY) Ltd specifically repudiates
any responsibilities for any damages arising as a consequence of such unavailability.
Fibre To The Apartment (PTY) Ltd is not responsible for any network and firewall measures taken by third parties to block access
to services which Fibre To The Apartment (PTY) Ltd provides. If a client’s network is set up in such a manner so as to block
certain ports or web addresses that compromise the services which Fibre To The Apartment (PTY) Ltd provides, it is then the
responsibility of the client to ensure that the network configuration is changed to rectify the situation.
Use at the client’s own risk
Fibre To The Apartment (PTY) Ltd will exercise no control whatsoever over the content of the material hosted on, or the
information passing through the Fibre To The Apartment (PTY) Ltdnetwork and in no way moderates such content.
The client expressly agrees that use of Fibre To The Apartment (PTY) Ltd' server(s) and services are at their own sole risk.
Fibre To The Apartment (PTY) Ltd is not responsible for files and/or data residing on the client’s account. The client agrees to
take full responsibility for any transfers of files and data and to maintain all appropriate backup of files and
data stored on the Fibre To The Apartment (PTY) Ltd web servers, including e-mail, databases and site content.
Refusal of services based on network, domain and/or equipment identifiers
Fibre To The Apartment (PTY) Ltd reserves the right to refuse domain and hosting services based on network, domain and/or
equipment identifiers.
Termination
Should the client breach of any of the terms and conditions contained herein, including but not specifically
limited to the terms of payment, Fibre To The Apartment (PTY) Ltd has the right (at its sole discretion) to demand immediate
payment of the full amount owed and demand compliance forthwith with all the terms and conditions
Alternatively the company may elect to terminate the agreement and services forthwith, in either instance
without in any way derogating from any common law, contractual and or delictual rights
which Fibre To The Apartment (PTY) Ltd may have.
Fibre To The Apartment (PTY) Ltd reserves the right to suspend or terminate the service of any customer that does not comply
with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual
obligations.
General provisions
The client confirms that all statements made in this application are true and correct. Fibre To The Apartment (PTY) Ltd reserves
the right to request proof thereof.
Any disputes arising in relation to this application or the supporting documents shall be governed by the
applicable laws of the Republic of South Africa.
Any form of abuse of Fibre To The Apartment (PTY) Ltd’ staff will result in suspension or termination of services, irrespective of the
form and medium of this abuse.
In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such
terms will be severable from the remaining terms, which will continue to be valid and enforceable.
Fibre To The Apartment (PTY) Ltd reserves the right to remove any content hosted by that member which it considers illegal or
for which it has received a take-down notice.
