You wish for us to provide fibre to the home services to you. This order contains the commercial terms between us and you relating to the provision of those services by us to you.
This order defines the service offerings that will enable us to manage the quality and the levels of agreed service acceptable to you. Our objective is to maintain adequate capacity and resources to deliver the agreed performance targets for required volumes at agreed times. To achieve this aim, you must accurately cover any factors for which you are responsible and which may influence the provision of the support and maintenance services by us. This order aims to provide a mutual understanding of service level expectation and will form a benchmark for performance measurement.
- The effective date of the agreement is the date you sign this agreement.
- The duration of the agreement is one month. At the end of the initial term the agreement with automatically continue on these terms on a monthly basis.
4. Fibre Services
All equipment that we supply to you belong to us. We will provide a router for free for your use of our services. If you prefer to select a router of your own choice, then we will subsidise the router by R862.50. If you cancel your services within the first 12 months, or we suspend your account for breach of our policies you must either:
- return the router in good work condition to us with all cabling and accessories;
- pay us the full retail price of the router; or
- pay us the R862.50 we subsidised for the router of your choice.
We will arrange collection of the equipment at our own cost.
2. Installation and Lead Times
- Mind the speed will cover the standard fibre installation fee which includes cabling of up to 30 metres. Should your installation require additional cabling, a site survey will be done, after which you will receive a quote from the respective 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.
- Installation lead times are an estimate based on averages and may vary.
3. Damage to Routers
You will be responsible for any replacement costs if our equipment, including routers and cables are damaged by any means, including lightning strikes or power surges.
We do not offer a SMTP relay. Please use your existing mail provider’s SMTP for incoming and outgoing e-mail.
5. Own Router and VOIP Phone
We are not responsible for any fraudulent calls, or loss of data through hacking if you supply your own router and VOIP phone. All fraudulent calls and any damages incurred will be for your own account.
6. Free Backup Account
We provide a free 10GB backup account to you with your fibre services.
5. Acceptable Usage Policy
- We will not throttle or shape you
You may only use our services in line with ourAUP
- We will provide a help desk during business hours for service requests. You can contact our helpdesk on 0869 990 161 or at email@example.com.
- We work with a number of FNO’s. If there is an issue on your fibre circuit, we will log a fault with the relevant FNO. The turnaround time to resolve the issue is beyond our control, therefore we cannot be held liable for any delays, however we will communicate turnaround times with you as soon as we know them. We will do our best to make sure the issue is resolved as soon as possible.
We are not responsible for any hacking or cost to you if you install your own VOIP phone. We do take reasonable measures to counteract hacking.
You will pay us as follows:
- All invoices are due and payable on the 1st day of the month.
- We may charge interest on overdue accounts at a rate of prime plus 2%.
- Your account may be suspended if you do not pay your invoices. A reconnection fee of R250 (ex VAT) will be charged if your account has been suspended and needs to be reactivated.
- Any legal fees that we incur in the effort to recover your debt will be for your account.
- Prices Include VAT.
- Payable monthly in advance, due on the 1st of each month.
- Billed on a calendar month.
- You may cancel this agreement by giving us one calendar months written notice.
- We may cancel this agreement by giving you one calendar months written notice if for any reason we terminate our agreements with any upstream FTTH service provider necessary for the provisions of our services.
Should the service be cancelled within 12 calendar months we will pass on the following costs to you
- the installation of outlined in your service agreement will be payable to Mind the Speed upon cancellation
- the migration fee outlined in your service agreement will be payable to Mind the Speed upon cancellation
- the router cost outlined in your service agreement will be payable to Mind the Speed upon cancellation
10. Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA)
- We must comply with our legal obligations in terms of RICA. To do so, you must upload a copy of your ID and proof of address when you place an order with us.
11. Your Failure
If you fail to comply with your obligations for a period in excess of five calendar days after receiving a written request from us for you to do so, the failure will constitute a material breach of this order. In addition to any remedies we may have arising out of the breach, if you fail to comply with our obligations within the notice period of five calendar days, we will be excused from meeting the service levels for as long as you fail to comply with your obligations.