Standard Terms & Conditions

1. DEFINITIONS In this agreement, unless inconsistent or otherwise indicated by the context, the following terms shall bear the following meanings:

  • 1.1 The Company / SP: means Wifi Boys (Pty) Ltd T/A Wifiboys / Fibreboys, a company duly incorporated under the Laws of South Africa.

  • 1.2 Activation: means the date on which the Company grants the Subscriber access to the Services.

  • 1.3 Agreement: means the Application Form, these Standard Terms and Conditions, and the Acceptable Use Policy (AUP).

  • 1.4 CPE (Customer Premises Equipment): means the radio dish, router, modem, fiber ONT, or any other hardware installed at the Subscriber’s premises to facilitate the connection.

  • 1.5 CPA: means the Consumer Protection Act, 68 of 2008.

  • 1.6 FUP (Fair Usage Policy): means the policy governing the reasonable usage of data to ensure network quality for all clients, allowing the Company to manage excessive usage.

  • 1.7 Managed Service: means a service where the Company actively manages traffic priority to ensure network stability.

  • 1.8 POPIA: means the Protection of Personal Information Act, 4 of 2013.

  • 1.9 Services: means internet access (Wireless or Fibre), VoIP, and related IT services provided by the Company.

  • 1.10 Subscriber / You: means the party who has signed the agreement or accepted the quote/invoice.

2. DURATION AND COOLING OFF

  • 2.1 Commencement: The agreement commences on the Activation Date and continues on a Month-to-Month basis unless a specific fixed-term contract (e.g., 12 or 24 months) has been signed.

  • 2.2 Cooling Off Period: In terms of the CPA, the Subscriber is entitled to cancel this agreement within 7 (seven) days of the Activation Date if the service does not meet their requirements, provided that the Subscriber returns all CPE in its original packaging and condition. The Subscriber remains liable for installation labor costs and data consumed during this period.

  • 2.3 Termination: Either party may terminate a Month-to-Month agreement by giving 1 (one) calendar month’s written notice.

  • 2.4 Fixed Term Cancellation: Should a Subscriber cancel a fixed-term contract prior to the expiry date, the Company reserves the right to charge a reasonable cancellation penalty, which may include the clawback of subsidized installation fees and the balance of the CPE cost.

3. EQUIPMENT (CPE) AND OWNERSHIP

  • 3.1 Rent-to-Use / Free-to-Use: Unless the Subscriber has paid the full purchase price for the CPE upfront, all equipment installed (routers, dishes, ONTs) remains the sole property of Wifi Boys (Pty) Ltd T/A Wifiboys / Fibreboys.

  • 3.2 Recovery of Goods: Upon termination of the service, the Company reserves the right to enter the premises to retrieve its equipment. Failure to return equipment will result in the Subscriber being billed for the full replacement value.

  • 3.3 Risk and Insurance: Risk in the CPE passes to the Subscriber upon delivery. The Subscriber is responsible for insuring the equipment against theft, lightning, fire, and power surges. The Company is not liable for damage caused by Load Shedding or power instability.

4. CHARGES AND PAYMENT

  • 4.1 Invoicing: Services are billed in advance. Invoices are generated on the 23rd of the month for the upcoming month.

  • 4.2 Payment Due Date:

    • 4.2.1 All Monthly Service Fees are due and payable on or before the 1st day of every month, unless a specific alternative payment date has been agreed to in writing by the Company.

    • 4.2.2 The onus is on the Subscriber to use the correct reference and to ensure the payment reflects in the Company’s bank account by the due date.

  • 4.3 Non-Payment and Suspension:

    • 4.3.1 Should payment not be received by the 7th of the month (or the agreed date), the Company reserves the right to automatically suspend the Services without further notice.

    • 4.3.2 The Subscriber remains liable for the full monthly subscription fee even while the service is suspended.

    • 4.3.3 A reconnection fee may be charged to lift the suspension.

  • 4.4 Debit Orders: Where a debit order mandate is in place, the Subscriber authorizes the Company to deduct the amount due on the agreed date. Returned debit orders will attract an administration penalty fee.

5. SERVICE QUALITY, HARDWARE LIMITATIONS & TRAFFIC MANAGEMENT

  • 5.1 Best Effort & Environmental Factors: The Subscriber acknowledges that the Service is provided on a “Best Effort” basis. Speeds and stability may vary due to external factors beyond the Company’s control, including but not limited to:

    • 5.1.1 Weather conditions (rain fade), solar interference, or lightning;

    • 5.1.2 Upstream provider outages or fibre breaks;

    • 5.1.3 Physical obstructions (trees, buildings) growing into the Line of Sight (LOS) after installation.

  • 5.2 User-Induced Faults (Tampering & Illegal Devices): The Company shall not be liable for any service degradation, downtime, or security breaches caused by:

    • 5.2.1 The Subscriber (or any third party) resetting equipment to factory defaults, changing configuration settings, moving the CPE to a different location within the premises or moving the CPE to a different locaiont, or unplugging cabling;

    • 5.2.2 The connection of non-approved, defective, or illegal devices to the Network. This includes, but is not limited to, “grey market” media players (e.g., Android TV boxes with pirated software), non-ICASA approved Wi-Fi boosters, or any device that generates malicious traffic or network congestion (broadcast storms).

    • 5.2.3 Note: Service call-outs required to identify and disconnect such devices will be billed at the standard hourly labor rate.

  • 5.3 Hardware & Technology Limitations: The Subscriber acknowledges that:

    • 5.3.1 Wireless technology has physical limitations. The Service speed is limited by the maximum throughput of the installed CPE hardware and the signal quality and/or current or changing conditions at the premises.

    • 5.3.2 Expectations of performance must align with the technology installed (e.g., a 2.4GHz Wireless link cannot deliver Fibre-like latency or speeds exceeding its physical modulation rate).

    • 5.3.3 The Company is not responsible for poor experience if the Subscriber attempts to utilize bandwidth-heavy applications (e.g., 4K Streaming) on a package or hardware link not rated for such throughput.

  • 5.4 NETWORK INTEGRITY & FAIR USAGE (FUP)

    • 5.4.1 Quality of Service (QoS): To ensure a premium experience for all subscribers, the Company employs automated Quality of Service (QoS) protocols. This actively prioritizes real-time, delay-sensitive traffic (such as VoIP, Video Conferencing, and Streaming) over non-critical background traffic (such as software updates, torrents, or bulk file transfers) during peak periods.

    • 5.4.2 Shared Resource Protection: The Subscriber acknowledges that the network is a shared resource. In instances where a single account’s usage is disproportionately high—to the extent that it negatively impacts the experience of other subscribers—the Company reserves the right to temporarily manage that account’s bandwidth allocation.

    • 5.4.3 This measure is designed solely to protect the integrity of the network and ensure that all clients receive their fair share of the available capacity.

5.5 BANDWIDTH UTILIZATION & SPEED TESTING

  • 5.5.1 The “Total Capacity” Rule: The Subscriber acknowledges that the service speed (e.g., 10 Mbps) represents the total capacity of the connection entering the premises. This capacity is shared among all connected devices (phones, TVs, laptops, cameras).

  • 5.5.2 Utilization vs. Faults: If the household’s aggregate usage is currently utilizing the full capacity of the line (e.g., a background Cloud Backup, Windows Update, or Netflix stream is running at 10 Mbps), the connection will appear “slow” or unresponsive for other tasks. This is not a technical fault; it indicates that the Subscriber is successfully utilizing the full service they are paying for.

  • 5.5.3 Accurate Speed Testing: A speed test tool only measures the unused (remaining) bandwidth available at that specific moment.

    • Example: On a 10 Mbps line, if a TV is using 4 Mbps for streaming, a speed test will only show the remaining 6 Mbps.

    • To obtain a valid speed test result, the Subscriber must ensure all other devices are disconnected or inactive before testing, make sure you are testing from a device that’s hardware is capable of receiving the full allocated bandwidth.

  • 5.5.4 Technical Verification: In the event of a dispute regarding speed, the Company’s router interface logs (showing real-time throughput) shall serve as the definitive record. If the logs confirm that the line is passing traffic at the subscribed speed, the Service is deemed to be functioning correctly, regardless of the Subscriber’s simplified speed test results.

6. LIABILITY AND INDEMNITY

  • 6.1 Limitation of Liability: To the maximum extent permitted by the CPA, Wifi Boys (Pty) Ltd T/A Wifiboys / Fibreboys shall not be liable for any direct, indirect, or consequential loss (including loss of business, data, or profits) arising from service interruptions, technical failures, or reliance on the Service.

  • 6.2 Indemnity: The Subscriber indemnifies the Company against any claims arising from the Subscriber’s use of the Service, including copyright infringement or illegal activity conducted over the connection.

7. RICA AND POPIA (DATA PRIVACY)

  • 7.1 RICA: The Subscriber acknowledges that the Company is bound by the Regulation of Interception of Communications Act (RICA). Verification documents (ID and Proof of Residence) must be provided before Activation.

  • 7.2 POPIA Consent: The Subscriber consents to the collection and processing of their Personal Information (as defined in POPIA) by the Company for the purposes of:

    • 7.2.1 Providing the Service;

    • 7.2.2 Billing and credit vetting;

    • 7.2.3 Technical support and network management.

  • 7.3 Data Security: The Company undertakes to take reasonable technical measures to protect the Subscriber’s personal information from unauthorized access.

8. BREACH

  • 8.1 If the Subscriber commits a breach of this Agreement (including non-payment or AUP violation) and fails to remedy such breach within 7 (seven) days of notice, the Company may:

    • 8.1.1 Terminate the Agreement immediately;

    • 8.1.2 Claim immediate payment of all outstanding amounts;

    • 8.1.3 Blacklist the Subscriber with credit bureaus (subject to NCA regulations).

9. GENERAL

  • 9.1 Jurisdiction: This Agreement is governed by the laws of South Africa. The parties consent to the exclusive jurisdiction of the Magistrates’ Court of Bela Bela / Thabazimbi (or the court having jurisdiction over the Company’s registered address) for any litigation.

  • 9.2 Notices: Legal notices may be served at the Company’s physical address: C/O Judith & Vd Bijl Ave, Thabazimbi, 0380.

  • 9.3 Entire Agreement: This document constitutes the entire agreement between the parties. No variation shall be valid unless reduced to writing and signed by both parties.

10. ERRORS AND OMISSIONS

  • 10.1 E&OE: All prices and technical specifications on the website or marketing materials are subject to “Errors and Omissions Excepted.” The Company accepts no liability for inadvertent clerical errors. Prices are subject to final confirmation on the invoice.