Terms and Conditions

HotFibre Terms of Use

This document sets out the terms and conditions on which our internet access ( the Service ) is provided to you, a customer of HotFibre (PTY) LTD t/a HotFibre ( us ) in consideration for your custom, your agreement to these terms and conditions and your agreement to allow us to send to you by e-mail our promotional and marketing material;

 

1. Extent of the Service

1.1 We do not recommend in particular the use of any websites (or other internet related services) ( Internet Services ) and your use of Internet Services is carried out entirely at your own risk.

1.2 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.

1.3 We have no responsibility for, or control over, the information you transmit or receive via the Service.

1.4 Save for the purposes of network diagnostics we do not examine the use to which you put the Service or the nature of the information you send or receive.

1.5 We do not guarantee:

1.5.1 the availability of the Service;

1.5.2 the speed at which information may be transmitted or received via the Service; or

1.5.3 that the Service will be compatible with your equipment or any software which you use.

1.6 Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service, we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilizing the Service and you accept that it is your responsibility to protect your information and have adequate security (in terms of equipment and procedures) to ensure the security, integrity and confidentiality of your information and data.

1.7 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

1.8 HotFibre has a home service SLA of 14 working days for the resolution of reported service issues by it s home users. All incidents should be reported strictly via email to info@HotFibre.co.za for record keeping and trace-ability.

1.9 Prepaid Fibre (FTTH) Accounts can be paused for a maximum period of 1 calendar month per calendar year contemplating client has paid for 11 months in advance. Account pause is only applicable to Prepaid Fibre to the home accounts.

 

1.10 HotFibre issued router and any other equipment always remains property of HotFibre. There are never any exceptions to this.

1.11 HotFibre issued router Wi-Fi signal may not always cover your entire house / intended location of use due to wireless signal limitations. In a scenario where the Wi-Fi signal does not sufficiently reach all intended areas of use then the client may need to utilize either a signal booster or install additional access points of their choosing at the client s cost.

 

1.12 Should HotFibre issued router be damaged due to negligence by the client, the client will be responsible for the associated replacement costs of the HotFibre issued router

 

1.13 Provisioning of service (FTTH and FTTB) HotFibre supplies, configures and tests the provisioning of internet services. Any facilities, Wi-Fi reticulation and extra cabling necessary within the Site are not included in the provision of the Service.

 

1.14 HotFibre is committed to ensuring superior levels of support to its customers and to that end will endeavor to be available whenever possible during support hours.24 hour support is available during weekdays (Monday to Friday) strictly via the online ticketing platform where each ticket is addressed on a first come first served basis.

 

1.15 24 hour support does not guarantee that your ticket will be attended to or resolved after hours however our team will be attending to tickets strictly on a first come first served basis.

In the event our team needs to escalate your reported issue to 3rd party service providers for resolution there may be further delays incurred governed by the said third party operating hours.

1.16 In the even an incorrect invoice has been sent to the customer. The customer is to immediately notify HotFibre so that the invoice is rectified and the billing is conducted accurately.

1.17 All outstanding invoices are to be settled as per the due date stipulated on the invoice. In the event there are issues with the invoice 1.14 above applies.

 

2. Your Use of the Service

2.1 We do not condone the use of the provisioned service(s) for communicating content which:

2.1.1 is defamatory, threatening, intimidatory or which could be classed as harassment;

2.1.2 contain obscene, profane or abusive language or material;

2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

2.1.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;

2.1.5 contain material which infringe third party s rights (including intellectual property rights);

2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or

2.1.7 are otherwise unlawful or inappropriate;

2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.

2.3 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.

2.4 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.

2.5 Suspension of services, regardless of circumstances, does not constitute termination.

2.6 Suspended services remain liable for monthly service fees until such time the service is terminated via one month written notice to HotFibre.

 

3. Criminal Activity

3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the South Africa or in any country throughout the world.

3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

3.3 You agree and acknowledge that we may keep a log of the Internet Protocol ( IP ) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address

3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

 

4. Our Use of your Information

4.1 Subject to clauses 3.3 and 3.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.

 

5. Other Terms of Use

5.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above.

5.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.

5.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement are not enforceable by a third party.

5.4 All written notices should be sent strictly to info@HotFibre.co.za and acknowledged by HotFibre via ticket number allocation. No other means of communication shall be permissible of official notice.

5.5 This agreement is governed by the law of South Africa and is subject to the non-exclusive jurisdiction of the South African courts.

 

6. Privacy Policy

6.1 HotFibre adheres to a strict privacy policy for the protection of our users collected information.

We guarantee that personal information provided by the user will be employed solely for the purpose of providing any service that the user has requested.

6.2 We guarantee that no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason unless required by law.

 

7. Invoice Payments

7.1 HotFibre strictly supports Credit / Debit card payments and Debit Order payments only for it's consumer products. Please ensure you pay via the client portal to avoid unnecessary downtime.

7.2 By default payments on all due invoices is attempted automatically on the chosen method of payment. In the event payment capture isn't successful via automatic capture then manual payment will need to be effected by the client.

7.3 A monthly late payment fee of no less than R93 will be added to invoices that are not settled by the due date as stipulated on the invoices.

7.4 A monthly administrative fee of R93 will be levied on any account to be put on hold in accordance with our terms of skipping months of payment, placing an account on hold or pausing subscriptions as per 1.9 above.

7.5 It remains, without exception, the subscriber's responsibility to ensure that they make full payment and on time for the service they subscribe for.

7.6 Fees payable are as advertised on our website (HotFibre.co.za) under the relevant fibre network operator.

7.7 Should any individual be subscribed to any service they haven t requested, the onus is on them to notify us immediately in writing.

7.8 Should the subscriber fail to make monthly payments for services rendered then additional interest up to 20% or as per NCA will be levied on the overdue payments and calculated monthly.

7.9 In the event a subscriber has not received any billing invoices or the subscriber has received an incorrect bill from HotFibre the subscriber should immediately contact us in writing for rectification.

7.10 Payment of invoices may not be withheld due to FNO related service issues.

7.11 The subscriber reserves the right to verify with their installed FNO all issues claimed by HotFibre to be due to the FNO.

7.12 All online credit card payments are processed automatically on the date the invoice is due. In the event the card on the system does not have sufficient funds on the date of capture, the card will be retried automatically to ensure service continuity.

7.13 All prices are subject to change without notice and are not guaranteed as HotFibre also relies on, including but not limited to, the prices passed on by it s upstream service providers.

 

8. Debit order payments Netcash Payment Gateway

8.1 All debit order payments are processed by Sage. Card Holders may go to www.netcash.co.za to view the Debit order security policies.

 

9. Service Upgrades and Downgrades

9.1 Service upgrades and downgrades may require up to 21 working days to be implemented as HotFibre relies on your infrastructure FNO to implement the changes.

 

9.2 Service downgrades may attract a fee as HotFibre is governed by your chosen FNO with regards to service change fees.

 

10. Delivery Policy

Standard delivery takes place during office hours upon receipt of payment by HotFibre and the client cannot select the exact date, or time, for the delivery.

 

10.1. There are no standard deliveries after hours, over weekends or on public holidays

 

10.2. In the case of standard delivery, your parcel will be delivered to the address you

specified in the checkout process. If nobody is present at the address at the time of delivery, our courier will make a second attempt to deliver your ordered goods. The courier will try once more (2nd time), and if at that time there is still no one to sign for the goods the courier will arrange with you a pick up point where you will be required to go and collect your goods.

 

11. Refunds, Movement and Cancellation Policy

11.1 HotFibre has a 7-day device return policy. Devices can be returned for any reason during this period. Returned Units must be in the same condition as shipped (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in shipped condition will not be replaced with new units or be only partially replaced with refurbished or re-purposed items.

11.2 Exchanges or returns will be for the Client s cost, and HotFibre will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

11.3 All manufacturer s warranties, for the repair or replacement of faulty units will be available to the Client. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage or any damage deemed to have been caused by the Client s misuse or mistreatment of the product (including damage due to improper return shipping of the product for exchange).

11.4 Repair or replacement of devices out of warranty will not be facilitated by HotFibre, unless the Client is purchasing a new replacement device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and effectively void the warranty.

11.5 Cancellation of any offering with the first 12 month of initial commissioning of the service then the client will be liable to reimburse all applicable service commissioning and installation fees including but not limited to labour costs.

11.6 HotFibre may not be held liable for service commissioning delays due to third party service providers or unforeseen issues encountered during service commissioning and as such should a cancellation be requested where HotFibre has absorbed additional service commissioning fees, the client will be liable to refund HotFibre for the same service commissioning fees charged to HotFibre by it's third party service provider.

11.7 HotFibre reserves the right to replace a equipment with a refurbished unit, which will be provided under existing warranty conditions.

11.8 All services require 1 (One) full calendar month written notice for Line migration/termination unless otherwise communicated in writing and agreed on by both HotFibre and the client in writing.

 

11.9 Failure to abide by HotFibre s policy can result in deductions to the claimed refund or rejection of claims for refund or exchange.

11.10 HotFibre will not credit any customer because of Fibre downtime caused by maintenance on a fibre line, break in connection, power failures, load shedding or any reason caused by third parties including but not limited to FNOs (Fibre Network Operators).

11.11 Please note that a 10% transaction processing fee will be levied on all refunds.

11.12 For fibre to the home services In the event a subscriber has opted for a contract with HotFibre and they wish to terminate, the subscriber will be liable for any fees associated with the commissioning of the service including a R300.00 administration fee.

11.13 In the event the HotFibre service is cancelled or no longer utilized The subscriber will need to return ALL HotFibre issued equipment to HotFibre s offices prior to the cancellation being finalized. HotFibre is not responsible for the costs of return of the equipment to it s offices.

11.14 In the event a subscriber does not wish to continue with their service application or installation for any reason whatsoever, HotFibre is not liable to re-imburse the subscriber the application fee payable to the Fibre Network Operator or HotFibre.

 

11.15 The installation fee includes cabling up to 30 metres. If your installation requires additional cabling, a site survey will be done, after which you will receive a quote from the applicable last-mile provider. Should you choose to proceed, you will be liable for any additional costs incurred. The additional cabling is directly payable to the applicable last-mile provider.

 

11.16 In the event the subscriber and the service provider (HotFibre) do not reach a conclusion on the resolution of any telecommunications related issue The subscriber reserves the right to lodge the complaint in writing and directly on the ICASA website or a complaints form can be completed and emailed to consumer@icasa.org.za or faxed to 012 568 3444.

11.17 In the event the subscriber is moving to different premises, the subscriber needs to give HotFibre a calender months notice to check if the new premises they are moving to has HotFibre Fibre as an ISP. Failure to do this will attract applicable cancellation fees as the link at the current premises will need to be terminated unconditionally with the current FNO.

 

12. Other Merchant Policy

12.1. Detailed description of goods and/or services

HotFibre (PTY) LTD is a business in the IT Service industry and provides services to home and business users.

12.2. Delivery policy

Subject to availability and receipt of payment, requests will be processed within the agreed business days and delivery confirmed by way email with a reference number .

(for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)

12.3. Customer Privacy policy

HotFibre (PTY) LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, personal

information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569.

12.4. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards.

12.5. Card acquiring and security

Card transactions will be acquired for HotFibre (PTY) LTD via FNB who are the approved payment gateway for all South Africans

Acquiring Banks. FNB uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3). Users may go to www.fnb.co.za to view their security certificate and security policy.

12.6. Customer details separate from card details

Customer details will be stored by HotFibre (PTY) LTD separately from card details which are entered by the client on FNBs secure site.

12.7. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is

South African Rand (ZAR).

12.8. Responsibility

HotFibre (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,

customer service and support, dispute resolution and delivery of goods.

12.9. Country of domicile

This website is governed by the laws of South Africa and HotFibre (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under

this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 43 Sea Cow Lake Road, Springfield, Durban

12.10. Variation

HotFibre (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.

12.11. Company information

This website is run by HotFibre (PTY) LTD based in South Africa trading as HotFibre and with registration number 2021/100368/07.

12.12. HotFibre (PTY) LTD contact details

Company Physical Address: 43 Sea Cow Lake Road, Springfield, Durban

Email: sales@HotFibre.co.za

 

13. Customer Indemnities

13.1. You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.

 

13.2. You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of:

 

the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. This includes software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,

non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,

non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and

repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.

13.3. If we are sued for something that you have indemnified us for, you will take our place in the lawsuit or be liable to pay us back for any costs, damages and expenses including attorneys fees on the attorney and own client scale (you will be liable to pay our attorney s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:

 

we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;

you may assume sole control of the defense of the claim or related settlement negotiations; and

we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.

13.4. You must pay us any amount due under clause 13.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney s trust or give us security to cover the amount, until we have resolved the dispute.

 

13.5. You indemnify us against any claim, loss or damage that HotFibre may suffer because of your actions5