This agreement is entered into by and between You (Customer) and Simplywifi Pty Ltd (Simplywifi) with offices at 83 Parliament Street, Central, Port Elizabeth, 6000, for the purpose of establishing the terms and conditions under which Simplywifi will furnish Wireless Internet Access Services.
Simplywifi Pty Ltd (Simplywifi) provides its Customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our Customers and the Internet community, while also allowing Simplywifi to fairly share its network to all customers. Simplywifi may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the Simplywifi web site at www.simplywifi.africa. The prices for service are subject to change. Current prices, as well as Simplywifi’s AUPs, can be found on our website at www.simplywifi.africa.
USE OF SERVICE AT YOUR OWN RISK
The customer is solely responsible for the content of communications on the Internet. The service provided by Simplywifi is “as is” and at your own risk. Simplywifi denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. Simplywifi is not responsible or liable for any errors, delays, or interruptions. The Customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
Simplywifi does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of GOD, Simplywifi’s equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. Simplywifi does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The Customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.
The Customer authorizes Simplywifi or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer in ‘Annex A’ attached hereto. The standard installation may include the running of fibre optic cable on the boundary walls or the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple routers at the customer’s premises will require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by us or our contractor(s). Simplywifi and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing. The Equipment supplied by Simplywifi under this Agreement is and shall remain the exclusive property of Simplywifi and must be returned to Simplywifi in good and working condition upon the termination, expiration, or disconnection of your Simplywifi service. Customer must use reasonable care to avoid damage to the equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment. Charges for installation are ‘Labour Only’ charges. Any equipment that is not returned to Simplywifi in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement then Simplywifi shall have the right to charge you for the full replacement cost of all cabling and equipment. The Customer agrees to immediately pay Simplywifi for all cabling and equipment upon presentation of such an invoice.
Wireless Internet communications is dependent on a clear ‘Line of Sight’ to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). Simplywifi will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. Simplywifi, will make every reasonable effort to relocate or realign the SU. However Simplywifi cannot prevent ‘Line of Sight’ problems, and therefore cannot guarantee service or be liable for any loss of service.
PAYMENT POLICY (MONTHLY SUBSCRIBERS)
Simplywifi will invoice its customers monthly in advance on the 20th of each month by email only, in order for accounts to ‘Auto Renew’ payments must be received no later than the 25th. Should accounts not ‘Auto Renew’ due to late payment a reconnection fee of R150 per Customer will apply.
SERVICE, PRICING, PERIOD & INSTALLATION FEES
Data: As per the pricing on our website
Installation Fee (Labour only) – R2500 to one point
Additional Points (Labour only) – R1500 per additional point
All service calls will be attended to within 24 hours, Monday – Fridays. Service calls logged over weekends or public holidays will be attended to on the next business day. If Simplywifi is called to the customer’s site and it is determined that the problem is not through any cause on the Simplywifi network or it’s associated network infrastructure, a minimum service fee of R450.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply. The Simplywifi provided hardware is warranted by its manufacturer for a period of one (1) year. The warranty does not cover damages relating to power damage caused by frequent power outages (more than 3 times per month), whether by means of load shedding, running out of electricity, earth leakage/circuit breaker outages, unplugging of the devices or any other power outage caused by whatsoever means. During the period of your service Simplywifi will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty claim will be charged to customer.
SUBSCRIBER MANAGEMENT (STUDENT ACCOMMODATION)
All subscribers will be added, removed, disabled and enabled on the Simplywifi accounting server in accordance with a shared ‘Google’ document. Disconnection and connection requests will take place within 2 hours of the request being received during normal office hours (Monday to Friday 9am-5pm), such requests to be submitted via the Customer/Simplywifi support group on whatsapp (contacts for the group to be supplied by Customer). Requests received outside normal office hours will be attended to the following day before 12pm.
Simplywifi may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions:
Failure to pay service fees in a timely manner
Interfering with the distribution of Internet service to other customers and/or their equipment on the Simplywifi wireless network (see also AUP)
Propagation of computer viruses and/or spyware (see also AUP)
Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP)
Unsolicited blanket emailing known as "spamming", (see also AUP)
Any violation of local, national or international law or that of any Sovereign Nation, as well as Simplywifi’s AUPs
EXCESSIVE BANDWIDTH CONSUMERS
Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the Simplywifi network, streaming movies and music and some types of gaming software. If excessive consumption of bandwidth by a customer prevents all customers’ fair access to the Simplywifi wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.
If at any time Simplywifi discovers that the customer is sharing their service or has networked to others outside of the premises, your service will be terminated immediately with no refunds of any kind.
Customer agrees to indemnify and hold harmless Simplywifi, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.
All equipment (cabling, antenna’s, routers, cabinets, power supplies etc.) supplied by Simplywifi remain the property of Simplywifi.
Simplywifi is not responsible for maintaining or supporting any equipment owned by the customer, and is not liable for any damages to the customer’s property, computer(s) or other equipment. For security reasons, customers are not granted admin log in access to Simplywifi’s SU, CPU or any administrative network appliance.
Spamming is the sending of unsolicited e-mails (see also Simplywifi’s AUP). Simplywifi will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.
All customers are bound by this signed service agreement. A customer wishing to cancel their service must submit a cancellation request in writing. If the customer cancels the service within the initial year of service, they are subject to an R250.00 per user early termination fee. Simplywifi will not refund any "set-up" or "installation" fees after installation has taken place. Any discounted rates or service shall be forfeited on early cancellations. The customer will continue to be liable under these terms and conditions for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.