SERVICE APPLICATION AND SUBSCRIBER AGREEMENT
Contents
- Definitions And Interpretation…………………………………………………………………………………… 1
- Connection To The System And Provisions Of The Service……………………………………………. 2
- Payment……………………………………………………………………………………………………………………. 2
- Duration……………………………………………………………………………………………………………………. 3
- Installation Of Equipment………………………………………………………………………………………….. 3
- Equipment Warrantee………………………………………………………………………………………………… 4
- Subscriber Privacy Policy…………………………………………………………………………………………….4
- Limitation Of Liability………………………………………………………………………………………………… 4
- Use Of The Service……………………………………………………………………………………………………… 5
- Termination/Cancellation And/Or Completion……………………………………………………………. 6
- Variation Of Tariff………………………………………………………………………………………………………. 6
- Domicilia And Notices……………………………………………………………………………………………….. 6
- Copyright………………………………………………………………………………………………………………….. 6
- General………………………………………………………………………………………………………………………7
- Cession……………………………………………………………………………………………………………………… 8
- Signatories………………………………………………………………………………………………………………… 8
GENERAL TERMS AND CONDITIONS OF SUBSCRIBER AGREEMENT - DEFINITIONS AND INTERPRETATION
1.1. In this Agreement the following expressions, words and/ or phrases, shall bear the meanings
assigned thereto as set out below unless inconsistent with or the context thereof indicates otherwise:
1.1.1 “Parties”
Means the parties to this service application and subscriber agreement.
1.1.2 “Agreement”
Means this Service Application and Subscriber Agreement together with all the Annexures and/or
Appendixes hereto.
1.1.3 “Commencement date”
Means the date of signature of this Agreement by both parties to this agreement;
1.1.4 “NEOFIBRE”
Means NEOFIBRE CC as well as all its subsidiaries and as well as all affiliates thereof.
1.1.5 “System”
Means the radio interface, fixed line, or any other means by which telecommunication services are
provided for by NEOFIBRE;
1.1.6 “Services”
(i) Means the wireless data service, which includes but is not limited to providing data
communication via a system and;
(ii) All other such services NEOFIBRE may at its option choose to make available to the Subscriber or
any and all other services provided for by NEOFIBRE albeit on its own accord with regards to
necessary service needed by the Subscriber or on the instruction and/or request of the subscriber.
1.1.7 “PUI”
Means Personal User Identification. Personal User Identification identifies the Subscriber to the system and
allows access to the system and services.
1.1.8 “Tariff”
(i) Means the usual charges and or rates as published by NEOFIBRE and will include any and all
amendments made thereto, from time to time,
(ii) NEOFIBRE holds the right to amend the usual charges and/or rates at its sole discretion;
1.1.9 “Equipment”
Means any and all data equipment, together with all additions and/ or all accessories thereto including
hardware, software and intellectual property as specified in this Agreement and/or annexures and/or
appendixes hereto, if applicable.
1.1.10 “EFT”
Means Electronic Funds Transfer
1.1.11 “Written notice and/ or Writing”
Means notice given by either party to one another on the chosen domiclia addresses of the party as set out
in Clause 12 of this Agreement. Written Notice shall not include any message send and/or received either
wholly or partially via data message and/or text message as defined in the Electronic Communications
Transactions Act (Act No. 25 of 2002).
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1.1.12 Words that have not been specifically indicated or defined in this Agreement but that have a general and
commonly understood meaning and context in the Information Technology and Telecommunication
sector will be interpreted as having such meaning and must be read within the context thereof. - CONNECTION TO THE SYSTEM AND PROVISIONS OF THE SERVICE
2.1. NEOFIBRE shall allocate a PUI to the Subscriber and connect the Subscriber to the system.
2.2 NEOFIBRE shall use its best endeavours to make the services available to the Subscriber throughout the
duration of this Agreement.
2.3 The Subscriber herewith acknowledges that he/she will be liable for all charges and/or rates rendered
included for the services provided through the PUI at the agreed tariff.
2.4 The Subscriber herewith acknowledges and agrees that NEOFIBRE does not bear responsibility for a lack in
quality of service of the package, line stability and speed.
2.5 In the event, and in addition to the above, the Subscriber acknowledge and agrees that where and when
installation is done by anyone other than NEOFIBRE albeit approved contractors or employees, through
the official NEOFBIBRE booking channels, NEOFBIRE reserves the right to charge for any changes or system
corrections needed on the Subscribers installations and/or networks at the charges and/or rates rendered
by NEOFIBRE.
2.7 In the event, and in addition to the above, the Subscriber further acknowledge and agrees that where and
when installation is done by anyone other than NEOFIBRE – approved contractors or employees,
through the official NEOFBIBRE booking channels, NEOFBIRE reserves the right to charge for any and
all equipment purchased by NEOFIBRE. - PAYMENT
3.1 Note that all invoices are automatically emailed after said invoices are generated.
3.1.1 The Subscriber herewith acknowledges and agrees that upon receipt of the Subscriber’s monthly
service invoice that it is the responsibility of the Subscriber to contact NEOFBIRE in the event
where the Subscriber may have any queries related to any service invoice.
3.2. Payment on additional invoices/services:
3.2.1 The Subscriber herewith acknowledges and accepts that in terms of this agreement the Subscriber
may be held liable and responsible for any additional relevant charges and/or rates submitted
against the account of the Subscriber which relevant charges and/or rates may not be included in
the monthly service invoices.
3.2.2 Additional charges and/or rates may include but is not limited to the following:
3.2.2.1 Top Up invoices; or
3.2.2.2 Invoices related to additional services
3.3 Debit Orders:
3.3.1 NEOFBIRE’s Debit Orders are processed once a month, generally NEOFIBRE will process such Debit Orders
on the first working day of each calendar month of the year (Kindly Take Note that NEOFIBRE will render
invoices pro rata in advance).
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3.3.2 Note that NEOFIBRE reserves the right to change the date and/or day of the month on which NEOFIBRE
processes the Debit Orders.
3.3.3 Note that for new Subscribers the initial debit order amount may include but is not limited to:
3.3.3.1.The First month’s subscription for services. a pro rata invoice will be generated. In the event that the
activation date occurs after the 25th of that calendar month it will not be included in the Debit Order batch
for that particular month. NOTE that the above mentioned Payments must be made via EFT.
3.3.3.2 The 2nd month and onwards the Subscriber will be pre-billed as per terms of service rendered by
NEOFIBRE.
3.4. Return of Debit Orders
3.4.1 In the event that Subscriber’s monthly debit order returns as rejected for any reason whatsoever the
following will be applicable:
3.4.1.1 The connectivity of the Subscriber will be cut off immediately, without notice.
3.4.1.2 The Subscriber will be liable and responsible for an additional fee of R150.00 (One Hundred and Fifty Rand)
for reconnection to the system.
3.4.1.3 The above mentioned amount will immediately be owing due and payable and
will be rendered as a separate invoice.
3.4.2 The Subscriber agrees that it is the responsibility of the subscriber to ensure that the Debit Order for his
account is paid. NEOFIBRE will not be responsible to ensure that Debit Orders of the Subscriber is paid.
3.4.3 In the event where Debit Orders are declined and or returned for whatsoever reason it is the duty of the
Subscriber to ensure that payment is made for that month failure to remunerate NEOFIBRE for declined
Debit Orders will result in NEOFIBRE taking action as set out in Paragraph 3.4.1. - DURATION
4.1. The Duration of this Agreement will be subjected to the alternative of the rental agreement as chosen and
agreed upon between the parties, this Subscriber Agreement shall commence on the Activation Date;
4.2. Alternatively, and in the event where no rental agreement is applicable the duration of the Subscriber
Agreement will be applied on a month to month basis as from the Commencement Date. The Subscriber
Agreement will therefore continue for an uninterrupted period on a month to month basis, unless the
Subscriber notifies NEOFIBRE in writing of its intention to terminate this Agreement 30 (Thirty) days prior
to the aforesaid termination date. - INSTALLATION OF EQUIPMENT
5.1 The Subscriber shall allow NEOFIBRE or the approved representatives of NEOFIBRE to carry out such work
at the Subscriber’s premises as is necessary to effect operation of the service.
5.2 The Subscriber herewith indemnifies, NEOFIBRE, its members, employees, agents or approved
representatives against all damages, costs and expenses incurred in performing such implementation and
all damages, costs and/or expenses which may be incurred as a result of installation.
5.3 NEOFIBRE shall not in any manner whatsoever be liable and/or responsible for any acts or omissions of
whatever nature of its approved representatives /agents and/or any other party.
5.4 In compliance with best practice and in accordance with safety regulations, NEOFIBRE does not allow its
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employees, agents or any approved representative to complete any work during harsh winds, or on any
wet surface.
5.5 Scheduled appointments for installation will be cancelled and rescheduled should strong winds or rain
occur on that day. The appointment for installation shall accordingly be rescheduled to the next available
date. The aforementioned is subject to safety regulations and/or risk of injury that might occur.
5.6 In the event of pre-installed equipment, a connection fee will be charged to connect the Subscriber to
the system. - EQUIPMENT WARRANTEE
6.1. Upon activation and installation of equipment, NEOFIBRE offers up to 12 (Twelve) months’ warrantee,
excluded in the warrantee is lightning damage on all equipment. Note that standard Terms and Conditions
apply.
6.2 NEOFIBRE gives a 30 (Thirty) day workmanship guarantee on all new installations done by NEOFIBRE.
6.3 The Subscriber agrees that any and all changes and/or improvements and/or repairs to the equipment
are done for the Subscriber’s account, unless the damage and/or fault are so incurred as a result of the
NEOFIBRE’s negligence.
6.4 It is standard policy of NEOFIBRE to pre-advise the Subscriber of any potential costs in the form of:
6.4.1 a formal quote in the event where the exact fault is known; or
6.4.2 an estimate in the event where a non – site evaluation is required - SUBSCRIBER PRIVACY POLICY
NEOFIBRE shall take all reasonable steps to protect the personal information of Subscribers. For the
purpose of this clause, “personal information” shall be deemed as detailed in Section 1 of the Promotion of
Access to Information Act (Act No 2 of 2000) (PAIA). - LIMITATION OF LIABILITY
8.1 NEOFIBRE shall not be liable for any loss, damage injury or cost which may be suffered by the Subscriber,
nor shall the Subscriber be entitled to withhold any payments, as a result of any failure, malfunctioning or
interruptions in the supply of the system to the Subscriber, or any other reason whatsoever that a defect
arising from the system other than due wilful misconduct, gross negligence or a breach of a term of this
Agreement on the part of NEOFIBRE.
8.2 NEOFIBRE shall not be liable for any damage and/or loss caused to the Subscriber whether said damage
and or loss incurred, be caused directly, indirectly, consequentially, financially or otherwise either
contractually and/or delictually to the Subscriber through any breach of this Agreement by NEOFIBRE or
any matters arising under it or any defect, failure or suspension in the service, the system or the Subscriber
equipment or any change in the Subscriber’s service(s).
8.3 The Subscriber acknowledges and agrees that the service quality and coverage available to the Subscriber
shall be limited to that provided by the data, wireless, fixed line or ISP, Network Providers and the services
may from time to time be adversely affected by physical features as well as atmospheric conditions and
other causes of interference.
8.4. The service provided by NEOFIBRE expressly excludes the problems that the Subscriber might incur
that is caused by:
8.4.1 any misuse of hardware and/or software; or
8.4.2 unauthorized tampering with hardware and/ or software;
8.4.3 electrical malfunction;
8.4.4 any misuse whatsoever;
8.4.5 wilful act by the Subscriber, its agents, employees or the Subscribers
approved agents;
8.4.6 default attributable to the Subscriber, its agents, employees or the Subscribers approved agents
8.4.7 irregular fluctuating electrical power supply.
8.5 Neither party shall be liable to the other for any inability to perform or for delayed performance in terms of
this Agreement, should such inability arise from any cause beyond the reasonable control of such party
such events may include but is not limited to storms, floods and hurricanes (herein after referred to as Force
Majeure event). The Subscriber shall inform NEOFIBRE in writing should such an event occur and visa versa.
The party failing to inform the other party of such a force majeure event in writing accepts that liability may
exist from failure to give written notice of the force majeure event.
8.5 NEOFIBRE provides all reasonable effort and its best endeavours to provide impeccable services to the
Subscriber, however NEOFIBRE does not guarantee that services rendered and transmitted will be error
free and/or without viruses, and/or that the services are secure from unlawful access.
8.6. Note that all Wireless services require a clear line of sight to NEOFIBRE’s nearest tower in order to operate
effectively. Note that NEOFIBRE provides these on an “as is” and “up to” service level agreement. The
aforementioned means that installations are done with high quality products and workmanship, but that
the line speed achieved is not guaranteed and that variations may occur. - USE OF THE SERVICE, STATUTORY AND REGULATORY PROVISIONS AND SUBSCRIBER
EQUIPMENT
9.1 The Subscriber shall at all times comply with all statutory or other regulatory provisions relating to
wireless telegraphy and telecommunications services applying to the provision and use of the services,
from time to time.
9.2 In addition, the Subscriber shall:
9.2.1 Comply with any instructions issued by NEOFIBRE subjected the Subscriber’s use of the services or
connected matters; and
9.2.2 Provide NEOFIBREwith all such necessary information that NEOFIBRE may reasonably require; and
9.2.3 Only use equipment which is approved for use with the system by NEOFIBRE in writing.
9.3 NEOFIBRE will tolerate no form of criminal activity on NEOFBIRE’s network. Criminal activity includes
but is not limited to the activities as set out below:
9.3.1 Hacking any person’s system; or
9.3.2 Phishing any person’s system or
9.3.3 Trespassing on any person’s system
9.3.4 Any other activity which is prohibited by the law.
9.4 In the event where the above mentioned would occur the South African Police Services will subpoena
NEOFBIRE for the all the necessary and/or relevant information which subpoena NEOFIBRE will comply
with.
9.5 NEOFBIRE reserves the right to disconnect the Subscriber’s system until such time the investigation is
completed by all relevant and necessary authorities.
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6 - TERMINATION/ CANCELLATION AND/OR COMPLETION OF THIS AGREEMENT
10.1. NEOFIBRE may terminate this Agreement by written notice if;
10.1.1. Any license to operate or use the system is revoked, terminated or modified for any reason whatsoever
albeit that the license is revoked, terminated or modified either in whole or in part; or
10.1.2. The Subscriber is in breach of any of the terms of this Agreement and the Subscriber has failed to remedy
the breach despite notice do rectify the breach. NEOFIBRE will terminate the agreement by giving the
subscriber 20 (Twenty) business days written notice in which event NEOFIBRE will claim the full settlement
amount due from the Subscriber in terms of this Agreement and for the duration of the contract term.
10.2 The Subscriber (consumer) may terminate this agreement in accordance with the Consumer Protection Act
68 of 2008 as follows:
10.2.1 The Subscriber may cancel this agreement upon the expiry of the fixed term of this contract
without penalty or charge, but in the event where any outstanding fees and or charges are due
before such expiry of contract, NEOFIBRE will be entitled to such payment by the subscriber.
10.2.1 Terminate the agreement by giving the supplier not less than 20 (Twenty) business days’ notice in
writing.
10.2.2 The subscriber remains liable to NEOFIBRE for any amounts owed to NEOFIBRE in terms of that
agreement up to the date of cancellation and NEOFIBRE may impose a reasonable cancellation
penalty with respect to any goods supplied, services provided, or discounts granted, to the
subscriber in contemplation of the agreement enduring for its intended fixed term. NEOFIBRE shall
if any property constitutes it, credit the Subscriber with any amount that remains the property of
the Subscriber as of the date of cancellation.
10.3 Upon the the expiry of the fixed term contract of this agreement, it will be automatically continued on a
month-to-month basis. If any material change of the agreement are to change NEOFIBRE will accordingly
advice the Subscriber of such change in writing. The fixed term contract will only be terminated in the
event where the Subscriber expressly directs the NEOFIBRE to terminate the agreement on the expiry date
or where the Subscriber agrees to a renewal of the agreement for a further fixed term. - VARIATION OF TARIFF
11.1 NEOFIBRE reserves the right to amend all or any of the tariffs of this Agreement by publishing the
amended tariffs’ and by subsequently informing the Subscriber of the aforesaid amended tariffs’
via Written Notice, variation of tariffs’ shall be implemented 21 (Twenty) business days after written
notice was deemed to be effected. - DOMICILIA AND NOTICES
12.1 The parties choose the following as their domicilia citandi et executandi their respective addresses for all
purposes arising out of or in connection with this Agreement. All notices and or services in respect of this
agreement may be deemed validly served or delivered at the following respective addresses so chosen by
the parties
12.1 In respect of the SUBSCRIBER
Physical Address: ____________________________________
Email Address: _______________________________________
Fax Address: ________________________________________
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12.2 In respect of NEOFIBRE
Physical Address: 21 Merriman Avenue Vereeniging, 1930
Email Address: info@neofibre.com
Fax Address: 016 422 6233
12.3 Any notice and or process may be served at the addresses as specified above, which will serve as the
domicila citandi et executandi of the parties.
12.6 A fax sent to the above fax number shall be deemed to have been received the day after which such fax
have been sent.
12.7 An email sent to the above email address shall be deemed to have been received the day after which such
email have been sent.
12.8 A party shall be entitled to amend it’s address by giving 7(Seven) days written notice to this effect to the
other party. - COPYRIGHT
13.1. NEOFIBRE servers may be used only for lawful purposes.
13.2 Transmission, distribution or storage of any material in violation of any applicable law, by-law, regulation
and/or proclamation is prohibited. The aforesaid includes but is not limited to:
13.2.1 material protected by copyright;
13.2.2. material protected by trademark;
13.2.3 trade secret; or
13.2.4 other intellectual property rights used without proper authorization;
13.2.5 any material that is obscene,
13.2.6 any material that is defamatory,
13.2.6 any material that constitutes a legal threat, or
13.2.7 violates export control laws.
13.2.8 Examples of unacceptable content or links includes the following but is not limited to:
(i) “Pirated software”,
(ii)“Hackers programs or archives”,
(iii) “Warez Sites”,
(iiii)“Irc Bots”,
(iv)“Illegal Mp3’s”.
13.3 NEOFIBRE will be the sole arbiters as to what constitutes a violation of the aforesaid provisions but will do
so with guidance from NEOFIBRE’s governing body, the Internet Service Provider’s Association. - GENERAL
14.1 Unless otherwise agreed between the parties to this Agreement, no addition to or variation, consensual
cancellation or novation of this Agreement and no waiver arising from this Agreement or its breach or
termination shall be of any force or effect unless reduced to writing and signed by both parties.
14.2 In any provision of this Agreement is declared by any competent court to unenforceable, illegal, void or
contrary to public policy, such declaration shall have no effect upon the binding force or effectiveness of
any of the remaining provisions of this Agreement.
14.3 This Agreement constitutes the whole agreement between the parties, as to the subject matter hereof and
no agreements, representations or warranties between the parties regarding the subject matter hereof,
other than those set out herein, shall be binding on the parties to this Agreement.
14.4 Each party warrants the other that it has the necessary rights and or authorities to enter into and to
perform its obligations in accordance with the terms and conditions of this Agreement. - CESSION
15.1 The Subscriber hereby agrees that NEOFIBRE shall be entitled to cede its rights in terms of cession as
security for any third party in respect of borrowings or other liabilities of NEOFIBRE and that, in such event:
15.1.1 The third party shall be entitled to enforce all the rights in terms of the cession as if it were NEOFIBRE;
15.2 Upon such rights being enforced the indebtedness of the subscriber to NEOFIBRE in terms of this
agreement shall be reduced by an amount equal to the rights taken over by such third party. - SIGNATORIES
I/We hereby confirm that we fully read and understand the terms and conditions of NEOFBIRE Wireless internet and
agree with the terms set out in this Agreement.
This agreement is also available online at http://www.NEOFBIRE.com and can be changed at any time without any
Notice to the customer’s. You accept this and it is your responsibility to update your details with NEOFBIRE and be
updated by the Terms and Conditions on the Website
Thus done at ____________ and signed on the _day of ___________ 20___.
Signature of applicant
Signature of Witness
Thus done at ____________ and signed on the _day of ___________ 20___.
Signature of Employee/Agent/Representative of NEOFIBRE
Signature of Witness
Bank Debit Order Instruction
BANK DEBIT ORDER INSTRUCTION
This signed Authority and Mandate refers to our contract as dated as on signature hereof (“the Agreement”).
I / We hereby authorize you to issue and deliver payment instructions to the bank for collection against my / our
abovementioned account at my / our above mentioned bank (or any other bank or branch to which I / We may
transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our
obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until
this Authority and Mandate is terminated by me / us by giving you notice in writing of no less than 20 ordinary
working days, and sent by prepaid registered post or delivered to your address indicated above.
The individual payment instructions so authorized to be issued must be issued and delivered as follows:
i. On the _ day (“payment day”) of each and every month commencing on _____.
In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday,
the payment day will automatically be the very next ordinary business day. Further, if there are insufficient
funds in the nominated account to meet the obligation, you are entitled to track my account and
re-present the instruction for payment as soon as sufficient funds are available in my account;
ii. Monthly; on or after the dates when the obligation in terms of the Agreement is due and the amount
of each individual payment instruction may not be more or less that the obligation due;
I / We understand that the withdrawals hereby authorized will be processed through a computerized system
provided by the South African Banks and I also understand that details of each withdrawal will be printed on my
bank statement. Each transaction will contain a number, which must be included in the said payment instruction
and if provided to you should enable you to identify the Agreement. A payment reference is added to this form
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Name:
Date: Commencement Date:
Physical Address:
Postal Address:
Contact Number:
Contract Number:
Bank: Branch Town:
Account Name: Account Number:
Branch Number: Type of Account:
Abbreviated name as registered with the bank : NEOFIBRE
Dear Sirs/Madams. The details of my/our account are as follows:
Debit Amount:
NEOFIBRE CC
REG NR: 2007/252328/23 | VAT NR: 4750256101
TEL NR: 016 4226230 | FAX NR: 016 4226233 | EMAIL: info@neofibre.com
21 MERRIMAN AVENUE, VEREENIGING, 1930
PO BOX 606, VEREENIGING, 1930
www.neofibre.com
before the issuing of any payment instruction. I / We shall not be entitled to any refund of amounts which you have
withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE
I / We acknowledge that all payment instructions issued by you shall be treated by my/our above mentioned bank
as if the instructions had been issued by me/us personally.
CANCELLATION
I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not
cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this
authority was in force, if such amounts were legally owing to you.
ASSIGNMENT
I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded
or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and
Mandate cannot be assigned to any third party.
Signed at ___________ on this _______ day of _______ 20_______
SIGNATURE AS USED FOR SIGNING CHEQUES OR CREDIT CARD VOUCHERS
Assisted by:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FOR OFFICE USE ONLY
AGREEMENT REFERENCE NUMBER
This Agreement reference number is: ___________________________________________________
DATA PACKAGE OPTION: _____________________________________________________________
Rental Agreement
Contents
- Terms and Conditions…………………………………………………………………………………………………. 1
- Indemnity………………………………………………………………………………………………………………….. 2
- Loss, Damage and Support…………………………………………………………………………………………. 2
- Location and Maintenance…………………………………………………………………………………………. 2
- Personal Property………………………………………………………………………………………………………. 2
- Remedies…………………………………………………………………………………………………………………… 2
- Notice on Demand……………………………………………………………………………………………………… 3
- Miscellaneous……………………………………………………………………………………………………………. 3
Connecting the future
TERMS AND CONDITIONS
The Parties to this rental agreement acknowledge and agrees herewith to the following terms and conditions:
The rental agreement chosen by the Subscriber is a __ month contract. This rental agreement may be
terminated by the Subscriber as contemplated in clause 10 of the Subscriber agreement and in the Consumer Protection
Act.
The Subscriber agrees that NeoFibre does not bear responsibility for lack in quality of stability of the line speed and that
variation in line speed may occur. The Subscriber further agrees that NeoFibre does not guarantee that the services
rendered and transmitted will be error free due to force majeure or load shedding or what so ever reason.
The Subscriber agrees that in the event where the parties have agreed on an agreement of a basic uncapped shaped
package that the following shall apply. That such basic unshaped package shall constitute an asymmetrical package
wherein it shall be that the upload speed is 10% (Ten percent) of that of the download speed.
This rental option cannot be downgraded within this rental period. The package chosen by the Subscriber may be
upgraded but not downgraded. In the event where the Subscriber elects to upgrade a package, the Subscriber will be
charged in accordance with the upgraded package chosen. In the event where the Subscriber elects to upgrade the
package the subscriber will be liable for the amount due on all outstanding equipment and all amounts outstanding on
the current package of the Subscriber.
In the event where the equipment must be moved to a new address and subject to the availability of the network
coverage, a call out fee will be charged for the new set-up, installation as well connection of the equipment. The call out
fee and travel charges will be for the Subscriber’s account. The rental will run in conjunction with the chosen internet
package. In the event where the Subscriber has his/her own equipment already in place and such equipment must be
moved a call out fee of R400.00 (Four Hundred Rand) will be charged.
KINDLY FURNISH NEOFIBRE WITH ONE OF THE FOLLOWING ALTERNATIVES:
PRICES & TERMS CHOOSE Mark with x
OPTION A
OPTION B
OPTIONSPACKAGES
ALTERNATIVE 1
For internet packages
more than R500
ALTERNATIVE 2
For internet packages
less than R 500
ALTERNATIVE 3
Any internet package
Already have equipment?
Go for Option B
R 2 420 once off on a 24-month contract
R 4 030 once off on a 12-month contract
OPTION A
OPTION B
R 4 000 once off on a 24-month contract
R 4 500 once off on a 12-month contract
OPTION A
OPTION B
R 5 000 once off on month to month contract
R400.00 p/h Labour charges only
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NEOFIBRE herewith agrees to maintain the equipment in a working condition. NEOFRIBRE will replace the damaged
equipment however NEOFIBRE shall not be liable and/or responsible for damage caused by lightning,
customer/subscriber’s negligence and/or equipment used for purposes not specifically being part of the design of such
equipment.
In the event where discount on packages is applicable the Subscriber will only qualify for the discount applicable for the
package that the Subscriber selected.
INDEMNITY
The Subscriber herewith indemnifies NEOFIBRE against, and hold NEOFIBRE harmless from, any and all claims, actions,
suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees arising out of, connected
with, or resulting from the property subjected to this rental agreement, but not limited to the manufacture, selection,
delivery, use, operation or return of such property.
LOSS, DAMAGE AND SUPPORT
Upon activation and installation of equipment, NEOFIBRE offers a warrantee of up to 12 (TWELVE) months’, this
warrantee will exclude lightning damage on all equipment. Note that all standard Terms and Conditions will apply.
NEOFIBRE gives a 30 (THIRTY) day workmanship guarantee on all new installations done by NEOFIBRE.
NEOFIBRE endeavours to give the best services to all clients and the Subscriber has the technical support of NEOFIBRE.
The Subscriber may contact NEOFIBRE agents on a telephone support line between the hours of 7h00 and 21h00 on a
daily basis on a cell phone number 082 925 7958.
The Subscriber agrees that any and all changes and/or improvements and/or repairs to the equipment are done for the
Subscriber’s account, unless the damage and/or fault are so incurred as a result of the NEOFIBRE’s negligence.
It is standard policy of NEOFIBRE to pre-advise the Subscriber of any potential costs in the form of:
(i) a formal quote, in the event where the exact fault is known; or
(ii) an estimate, in the event where a non site evaluation is required.
LOCATION AND MAINTENANCE
At the Subscriber’s own risk, the Subscriber shall use or permit the use of the equipment solely at the location specified
in this lease, or if none is specified, at Subscriber’s billing address set forth above In the event where the Subscriber
relocates to a new address, the Subscriber shall give NEOFIBRE notice by writing of such change of address. The
equipment shall not be moved without NEOFIBRE’s prior written consent.
The Subscriber shall not use the equipment unlawfully, and shall not alter the equipment without prior written consent.
NEOFIBRE shall not be liable for loss of profit or other consequential damages resulting from theft, destruction, or
disrepair of the equipment, and there shall be no abatement of the lease payments on account of any such theft,
destruction of disrepair. The Subscriber, shall maintain the equipment at its own expense.
PERSONAL PROPERTY
The equipment is, and shall at all times after receipt of payment, remain the property of the Subscriber.
REMEDIES
The parties to this agreement acknowledge and agrees that upon breach of contract the following remedies shall be
applicable:
a) NEOFIBRE may elect that the rental payments due, be accelerated and the entire amount of rental be due and
payable immediately. In the event where acceleration as above is exercised, the amount shall be due from the
Initail Here:
Subscriber
2
subscriber, and the subscriber will immediately pay to NEOFIBRE, the entire amount of the rental plus all
outstanding amounts at the date when acceleration is exercised.
b) That either party may terminate this lease within 20 (twenty) business days written notice;
c) NEOFIBRE shall be entitled to, by giving written notice to the Subscriber, enter onto the Subscribers’ premises to
remove the equipment that at the termination date not paid for, whether with or without notice to Subscriber.
NOTICE ON DEMAND
Service of all notices under this agreement shall be sent by certified mail as well as e-mail addresses to the parties
involved at its respective address set forth above or to such other address as the parties may hereafter substitute by
written notice.
MISCELLANEOUS
This instrument constitutes the entire agreement between NEOFIBRE and the Subscriber and is irrevocable for its term
and for the aggregate rentals reserved above, and it shall not be amended, altered, or varied except in the event where
such alteration is reduced to in writing and signed by both parties. If more than one subscriber is named in the lease, the
liability shall be joint and several. If any portion of this rental agreement is deemed to be invalid, it shall not affect the
rest of this agreement. Headings or titles to the paragraphs of this lease are solely for the convenience of the parties and
not an aid to the interpretation of this agreement. Subscriber applies to NEOFIBRE for a lease of the above-described
equipment for private purposes and agrees that this lease is to be construed as a consumer contract.
I ______________________________ duly authorised agent of NEOFIBRE accept the terms and
conditions of this rental agreement,
I ______________________________ the Subscriber agrees to rent from NEOFIBRE and NEOFIBRE
agrees to rent to subscriber, the pre-installed equipment, on all of the terms and conditions set out in this
agreement.
Thus done at ____________ and signed on the _day of ___________ 20___
Signature of Applicant/Subscriber
Signature of Witness
Thus done at ____________ and signed on the _day of ___________ 20___
Signature of Employee/Agent/Representative of NEOFIBRE
Signature of Witness
Initail Here:_
Subscriber
