The headings of the clauses in this Agreement are for purposes of convenience and reference only and shall not be used in the interpretation, nor modify or amplify the terms of this Agreement nor any clause hereof. Unless a contrary intention appears-
- When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day is not a business day, in which case the last day shall be the next succeeding business day.
- The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
- References to broadband terminology such as “contented” and “uncapped” have the meaning ascribed to such terms in the ISPA Guidelines and Recommendations on Broadband Terminology.
- The definitions and rules of interpretation in this clause apply in this agreement.
- “Agreement” means this services agreement read with the Order, Acceptable Use Policy and the Fair Use Policy;
- “Confidential Information” means all information (in whatever format) which:
- relates to the Agreement;
- is designated as confidential by either Party;
- relates to the business, affairs, networks, customers, products, developments, trade secrets, know-how of either party and which may be reasonably regarded as the confidential information of the disclosing party.
- “Customer” means the person described in the Order;
- “Effective Date” means the date the Equipment is installed, and the Service is activated.
- “Equipment and/or Services” means the items listed and described in the Order and all ancillary equipment required for a standard or non-standard installation, such as poles and brackets;
- “Party” means either Rapidnet or the Customer, and “Parties” means both Rapidnet and the Customer;
- “Product Specific Terms” means the terms and conditions dealing specifically with a particular Service category and which is incorporated by reference in an Order;
- “Order” means the web-based electronic order completed by the Customer;
- “Rapidnet” means Rapidnet Broadband (Pty) Ltd, with registration number 2013/232446/07;
- “Schedule of Fees” means the fees set out in the Order; and
- “Service Levels” means a level of service as to which Rapidnet’s performance of the Services must conform and is a standard for performance of the Services.
- In the event of any conflict between the terms of this Agreement, Product Specific Terms or Order that cannot be reconciled, the order of precedence shall be as follows:
- Product Specific Terms;
- this Agreement.
Products, services and standards
- Equipment and Services
- Rapidnet agrees to provide the Equipment and Services set out in the Order subject to the terms of this Agreement.
- Rapidnet reserves the right to control, direct and establish technical procedures for the use of the Equipment and Services and the Customer agrees to follow the reasonable instructions and procedures of the Provider with respect to the use thereof;
- The Customer shall ensure at all times that its use of the Equipment and Services, including its connection of any apparatus to any network used to deliver the Services is in accordance with all applicable telecommunications, data protection and other laws, licences and regulation; and
- Rapidnet warrants that it has the necessary consents, licences or agreements required for the provision of the Services.
- Performance Standards
- The Service is a best-effort service, which means that Rapidnet does not provide any guarantees that data is delivered or that that the Customer will be provided a guaranteed quality of service level or a certain priority. All customers of the Service obtain best-effort service, meaning that they obtain unspecified variable bit rate and delivery time, depending on the current traffic load. Accordingly, advertised and contracted bandwidth speeds are maximum speeds that are not guaranteed.
- Technical support should be requested only where the performance of the Service is consistently below the advertised maximum bandwidth speed divided by the advertised contention ratios. Web-based speed-tests are not reliable and will not be accepted by Rapidnet as conclusive proof of non-performance by Rapidnet. If a support call is logged with Rapidnet, Rapidnet shall use industry accepted tests in a controlled test environment to verify the performance of the Service.
- WiFi coverage is dependent on building structure and is not guaranteed to propagate to the entire dwelling. The Customer may add additional Access points at his/her own cost to extend the coverage area.
- Rapidnet shall use commercially reasonable endeavours to remedy any failure to meet the Service Levels as prescribed in the End User Service and Subscriber Service Charter Regulations, 2016, provided that support for technical and billing issues must be logged telephonically, by email or in the online customer portal.
Costs and charges
- Rapidnet agrees to provide the Equipment and the Services in accordance with the Schedule of Fees.
- Rapidnet will measure usage of Equipment and Services in accordance with Rapidnet’s policy as set out in the Schedule of Fees.
- The charges for the Services and the Equipment will be invoiced monthly in advance and is payable by way of a debit order instruction to be processed on the first business day of the month.
- The Customer will pay or reimburse Rapidnet for any and all sales and use taxes, duties or levies imposed by any authority, government, or government agency (other than the property taxes and taxes levied on Rapidnet’s net income) in connection with the Equipment and Services provided herein.
- Installation fees – cover the costs of labour and other expenses incurred in the installation of the service and does not cover Equipment costs.
- Reconnection fees – A reconnection fee of R99.00 will be charged where Rapidnet has suspended services for non-payment. The reconnection fee will be drawn with the next debit order.
- Early termination fee – Early cancellation fees are calculated as the value of 4 months of fees being charged to the Customer at the time of the cancellation.
- Other Charges – The Customer agrees to pay all charges for maintenance and other service activities, and to pay for loss or damages to the Products caused by:
- use of the Equipment and Services for purposes other than those for which they were designed;
- failing to maintain a suitable operating environment ; and
- Any loss or damage to the Equipment at the replacement value of the Equipment;
Risk, Title and ownership
- Risk of loss or damage to the equipment transfers to the Customer on the installation thereof.
- Customer hereby acknowledges that the Customer has no right, title or interest in the Equipment, and that title to the Equipment shall at all times remain with Rapidnet.
- The Customer agrees not to modify, alter, repair, attempt to repair, or in any way to tamper with the Equipment provided to the Customer without the express written consent of Rapidnet (“Modification”).
- In the event of such Modification, Rapidnet shall be completely released from any liability or obligation (including any warranty or indemnity obligation) for any costs or damages incurred by Rapidnet (including damage to Rapidnet network) caused by such Modification.
Site environment and facilities
- The Customer shall be responsible for making available, at no cost to Rapidnet, accommodation, power, space, including mast space, ducting and other facilities for the purposes of installing and housing the Equipment required for the provision of the Services to the Customer.
- The Customer will permit reasonable access to the Customer’s premises, during normal business hours, for the purpose of installation, inspection, maintenance, service, repair, replacement, relocation and removal of Equipment and for the purpose of performing any acts contemplated by this Agreement.
- Rapidnet shall provide the following standard Equipment for a standard installation.
- 1 X L Shape bracket
- 4 X Sleeve anchors
- 30M Cable
- 1 X wireless Radio
- 1 X WiFi Router
- Any non-standard Equipment shall be for the cost of the Customer. Customer will be advised of any non-standard requirements after a site survey has been conducted.
- Rapidnet warrants that all Equipment and Services provided will be in good working order on the day installed, and certified by Rapidnet ready for use, and that they will conform to Rapidnet’s service specifications.
- Thereafter, Rapidnet will make such adjustments, repairs, and parts replacement necessary to maintain the Equipment and Services in working order pursuant to Rapidnet’s specifications.
- The express warranties contained in this agreement are in lieu of all other warranties, representations and guarantees of any kind by Rapidnet. Except as expressly set forth in this agreement, all products, services and other materials (if any) are furnished by Rapidnet and accepted by the Customer “as is”. All other warranties, whether statutory, express or implied, are specifically excluded and disclaimed by Rapidnet.
- Rapidnet does not warrant that the Products, Services or any other materials provided hereunder will meet the Customer’s requirements or that they or their access or use will be uninterrupted, error free, or completely secure, except as expressly provided in this clause.
- In all situations involving performance or non-performance of Equipment and Services furnished under this Agreement, the Customer’s sole remedy is adjustment or repair of the Equipment and Services.
Limitation of liability
- The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all losses which constitute direct and/or general damages, provided that such liability for damages shall be limited to the actual payments made by Customer to Rapidnet in the previous twelve months.
- Neither Party shall be liable to the other for any losses which constitute indirect, special or consequential damages.
Term and termination and suspension
- Rapidnet shall be entitled to immediately on notice suspend the Customer’s access to the Services in the event that the Customer defaults in its payment obligations or acts in contravention of the Acceptable Use Policy. Under no circumstances shall Rapidnet incur any liability arising from such suspension. Customer acknowledges that during a period of suspension the Agreement remains in force and Rapidnet incurs costs and resources to keep the Services available. Accordingly, Customer shall remain liable for the cost of the Services during a period of suspension.
- This Agreement shall commence on the Effective Date and shall continue for a period of as set out in the Order (the “Initial Term”) and continue indefinitely thereafter until or unless terminated by either Party giving to the other not less than one full calendar months’ prior written notice, subject always to prior termination as provided for in this clause.
- During the Initial Term, the Customer shall not be entitled to downgrade the Customer’s Services. A downgrade request during the Initial Term will be treated as a cancellation subject to an Early termination fee and the downgraded services shall be dealt with as a new service being provisioned.
- Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if the other Party commits a breach of any of the material terms of this Agreement and fails to remedy that breach within 14 calendar days of that Party being notified in writing of the breach.
- A customer cancellation shall not be processed and Rapidnet shall continue to invoice and collect payment from the Customer if the Customer does not make sufficient arrangements with Rapidnet for the collection of its Equipment.
Data privacy and protection
- Each Party’s data shall be and remain the property of that Party. Neither Party shall divulge the data of the other Party to third parties (unless provided otherwise in this Agreement or in law) and a Party shall use the data of the other Party only for purposes of this Agreement.
- Neither Party shall possess or assert any lien or other right against or to the other Party’s data, or sell, assign, lease or otherwise dispose of the other Party’s data, or any part thereof, to third parties.
Rapidnet shall have no liability to the Customer (including for the replacement of Equipment) under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Rapidnet or any other party), failure of a utility service or transport or telecommunications network, an act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
The Customer may lodge any unresolved complaints with the Independent Communications Authority of South Africa.
- A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the Party to whom the waiver is addressed and to the circumstances for which it is given.
- Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
- Subject to Clause 2, each Party hereunder, shall:
- only use Confidential Information for the purposes of the Agreement;
- only disclose Confidential Information to a third party with the prior written consent of the other Party (except that either Party may disclose Confidential Information to its employees, agents orcontractors, including professional advisors or auditors; and
- ensure that any third party to whom Confidential Information is disclosed executes aconfidentiality undertaking substantially similar to the terms of this Clause
- The provisions of Clause 16.1 shall not apply to any Confidential Information which:
- is in or comes into the public domain other than by breach of this Clause 16; or
- is or has been independently generated by the recipient Party; or
- is properly disclosed pursuant to a separate written consent or a statutory obligation, the order of a court of competent jurisdiction or the requirement of a competent regulatory
- If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
- This Agreement, and any documents referred to in it, constitute the whole agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
- Each of the Parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
- The Customer shall not, without the prior written consent of Rapidnet, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- Rapidnet may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
Each of the Parties chooses their respective addresses for the purposes of giving any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement, as follows:
- Customer – the contact details in the Order
- Rapidnet – 76 Kyalami Boulevard, Kyalami Office Park, Kyalami
- To ensure minimum disruption to Service to the Customer, Customer must give Rapidnet at least one calendar months’ notice of its intention to move premises, together with full details of the new premises.
- All requests for the Service at new premises shall be subject to a feasibility study.
- If, after a feasibility study has been conducted it is evident that it is:
- Feasible to deliver the same service at the new premises, then Customer shall be liable to Rapidnet for payment of a relocation fee equal to the then current prices for standard or non-standard installations;
- not feasible to provide a similar Service to the new premises, Rapidnet shall suggest an alternative service to be provided to the Customer as a replacement service and the Customer shall be obliged to procure from Rapidnet such replacement service as best meets the Customer’s technical requirements.
- In the event that it is not possible to provide the Customer with the same or an alternative Service at the new premises, it shall be regarded with as an early termination and the standard early termination fee will apply.
Acceptable – and Fair Use Policies
By purchasing a Service, Customer agrees to abide by the AUP and FUP and these terms and conditions.
Product Specific Terms – Prepaid
This document is concluded under the terms of the Services Agreement between Rapidnet and the Customer, and these terms and the Services Agreement shall be read as one agreement.
Capitalised terms not defined herein have the same meaning as defined in the Services Agreement.
Unless the Customer has entered into a reseller agreement with Rapidnet, resale of the Services is not permitted.
- “Data Rollover” means upon termination of the Valid Period, Rapidnet will automatically rollover unused data for a further period of 30 days;
- “Rapidnet Portal” means any platform or any other business and operations support software platforms to which Customer is provided access by Rapidnet and that provides Customer with functions to:
- purchase voucher/s;
- data monitoring.
- updating of personal details, etc.
- “Valid Period” means 30 days from activation of a Rapidnet Data Voucher.
- Rapidnet Prepaid Uncapped
- Prepaid Uncapped is a prepaid monthly service with uncapped data.
- Customer has no fixed term contractual commitment.
- No data rollover is applied, and data is not transferrable.
- This is a best effort service and throughput could vary during peak periods. The advertised speeds are the maximum throughput.
- The router provided with the Service is an entry level router and can accommodate no more than 5 concurrent connections via LAN or Wi-Fi.
- There are no guarantees that the Wi-Fi signal will penetrate throughout the structural barriers in the Customer’s building. Additional access points can be installed at the Customer’s cost.
- Site move – If the Customer moves premises a once-off fee will apply.
- Rapidnet Prepaid Capped
- Prepaid Capped is:
- a prepaid service where Customer buys access to data for the value of the voucher;
- a service only available to natural persons;
- a service only available in the designated areas displayed on the coverage map on the Rapidnet Website
- This is a best effort service and throughput could vary during peak periods. The advertised speeds are the maximum throughput.
- The router provided with the service is an entry level router and can accommodate no more than 5 concurrent connections via LAN or Wi-Fi.
- There are no guarantees that the Wi-Fi signal will penetrate throughout the Customer’s building. Additional access points can be installed at the Customer’s cost.
- Site move – If the Customer moves premises, a once-off fee will apply.
- Rapidnet grants Customer a non-exclusive, non-transferable right to the Rapidnet Portal.
- Access to any such Rapidnet Portal shall be through an approved user ID or other authentication mechanism provided by Rapidnet to Customer.
- Customer acknowledges that the documentation and information that is accessible by Customer through Rapidnet Portal shall be deemed to be classified as Confidential Information of Rapidnet and, as such, disclosure and use of such documentation and information shall be governed by the terms of the Agreement relating to Confidential Information.
- Customer shall take all necessary steps to maintain the security and integrity of his/her user ID used in connection with accessing Rapidnet Portal.
- Customer shall inform Rapidnet if Customer has any reason to believe that a user ID used in connection with accessing the Rapidnet Portal has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
- Rapidnet reserves the right to suspend user ID access to Rapidnet Portal of Customer if at any time Rapidnet reasonably considers, after consulting with Customer whenever practicable, that there has been or is likely to be a breach of security in respect of a user ID. Rapidnet may issue a replacement user ID, or cease suspension, when Rapidnet is satisfied that the breach of security or threat of breach of security is resolved.
- Vouchers for prepaid services will be for sale on the Rapidnet Portal and payment will be accepted through the following methods:
- Credit card;
- Debit card;
- Vouchers do not have a billing cycle and can be activated at any time.
- Data not used within the initial 30 days will roll over for maximum of one further period of 30 days, where after it shall be forfeited.
- Rapidnet shall in the first instance apply data usage against the rolled over data until that data is fully depleted and thereafter against new data allocated.
- Rapidnet will provide the Customer with an option to transfer data to other Rapinet Customers utilising similar services on the Rapidnet Network.
- Data transfer shall only be allowed once-off.
- Once the data transfer had been affected it shall be irreversable.
- Customers shall automatically be opted-in by Rapidnet to receive usage notifications.
- Rapidnet shall send data usage depletion notifications via sms, push notification or in any other applicable means when data usage reaches 50%, 80% and 100% depletion of data bundles.
- Customers will be able to opt-out at any stage where after Rapidnet shall be exempted from any liability to notify the Customer in accordance with the relevant legislation.
Charges and Payments
- There will be no monthly charge to the Customer after payment of the initial installation fee.
- Once a data voucher / bundle has been depleted, Rapidnet shall immediately terminate access to the network and no out-of-bundle rates shall be charged to the Customer.
Risk and Ownership
- Ownership of the Equipment transfers to the Customer upon receipt of payment in full. Risk of loss or damage shall transfer to the Customer upon installation thereof.
- Rapidnet provides back to back warranties with its suppliers.
- The Equipment shall carry a 12-month warranty from the date of installation.
- If the Equipment becomes defective during the warranty period, Rapidnet shall use its best endeavours to obtain replacement stock from its suppliers. Upon receipt of a warranty claim from the Customer, Rapidnet reserves the right to investigate/assess and replace Equipment at its own discretion.
- Rapidnet does not warrant or guarantee, and is not responsible for defects, failures, damages or performance limitations caused in whole or in part by:
- power failures, surges, fires, floods, hail, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of Rapidnet’s control; or
- Customers’ abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the Equipment in any way.
The Customer shall then be charged the full replacement value of the Equipment damaged prior to replacement.
- Alterations and/or modifications to any part of the Equipment, without Rapidnet’s written authorization unconditionally voids the warranty.
- Customer can get support by calling our support line on 0860 018 169 or emailing [email protected].
- Support hours are:
- Mondays to Fridays: 07h00 – 22h00;
- Saturdays, Sundays and Public Holidays: 08h00 – 17h00;
- Physical customer side faults will be attended to within 72 hours;
- No Facebook or any other social media platform will be used for support purposes.
Acceptable and Fair Use Policies
Rapidnet’s Acceptable Use Policy (AUP) and Fair Use Policy (FUP) is available at www.rapidnet.co.za/legal.
By purchasing a Service, the Customer agrees to abide by the AUP and FUP and these terms and conditions.