Standard terms and conditions for Fibre-to-the-Home (FTTH) services

1. “SMART” means SMART Technology Centre (Pty) Ltd, registration number 2011/011853/07, a company incorporated in terms of the laws of the Republic of South Africa.
2. “Website” means www.smartonline.co.za
3. “Application” means a request for initiation of a Service(s), Product (s), and / or provision of Good(s);
4. “Application Form” and “Quote” means the document (including any electronic document) on which (inter alia) you selected your service or product of choice;
5. “Activation” means the enabling of a service to the Customer’s premises;
6. “Activation Date” means the date on which SMART will give you access to and/or enable you to use a product or service;
7. “Acceptance Date” means the date on which you accepted the Agreement, be that in writing or by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone, or telephonic acceptance;
8. “Agreement” means the current version of these Terms and Conditions, the Order signed by the Customer, and any other schedule or addenda to these documents, as amended from time to time;
9. “User/s” means the Customer or any other person accessing any the Services provided by SMART.
10. “Customer“, “you” or “Subscriber” means the person entering into the Agreement with SMART for the provision of FTTH Services and/or the use of equipment or any other product/s as such on any Application or Service Order executed between the Customer and SMART.
11. “FTTH” means architecture of electronic communication to the Customer’s Premises where the final connection to the Customer’s Premises is optical fibre;
12. “Installation” means the physical act of providing the FTTH service to the Customer Premises.
13. “Services” generally means the internet services provided by SMART to the Customer.
14. “Goods” means any and all goods to be provided by SMART to the Customer in terms of this Agreement, including without limitation equipment, hardware and third party software.
15. “Product” means any combination of equipment and services provided by SMART to the Customer;
16. “Customer Premises” means the premises as specified on the Application form at which the Services are to be provided;
17. “Customer Premises Equipment” or “CPE” means all devices supplied by SMART to the Customer to enable SMART to provide the services to the Customer, including the optical network terminal (ONT), hardware, cables, and connections;
18. “Service Order” means a binding by the Customer, and includes the application form as completed by the Customer, the quote for specific service, good, hardware and/or work order, and its quantity. The Service Order (s) and Service Terms contained in this document together form the Agreement between SMART and the Customer, and the Customer has accepted in writing, electronically or telephonically to SMART.
19. “Service Terms” means the terms on which SMART will provide a particular Goods or Service, as amended from time to time.
20. “Calendar Month” means any of the twelve (12) months of the Gregorian calendar commencing on the first day of that month and ending on the last day of that specific month.
21. “Business Day” means any day other than a Saturday, a Sunday or a or a day which is defined as a public holiday in terms of the Public Holidays Act, Act 36 of 1994.
22. “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
23. “Charges or Fees” means installation charges, monthly service charges, usage as well as all Other Amounts relating to the provision of the services by SMART to the Customer.
24. “Amounts due” shall mean such an amount as may be due and payable to SMART on the 1st day of each month, with the maximum amount not exceeding the total outstanding balance due on the Customer’s account plus (or inclusive of, however the case may be) Other Amounts, this being the amount owing to the SMART now or in future.
25. “Other Amounts” means other charges that may become due by the Customer including but not limited to equipment purchase charges, reactivation charges, administration charges, call out charges, professionals support charges, bank charges, cancellation penalties, interest, and/or collection charges, et. al.
26. “Network Provider” means an entity authorised by the Authority to provide telecommunication services including, but not limited to, fixed line operators, mobile operators, wireless operators, or any other operator that provides access and network services (including value added services);
27. “Network” or “our network” means any network, electronic communications network, system, server, hardware or technology infrastructure, or the like, including without limitation third party networks and/or Network Provider networks, owned or used by us or provided by us or our third party suppliers, for purposes of providing any SMART Network Service or product to Customers or providing access thereto;
28. “Network Services” means any services provided by a Network Provider and which are made accessible to the Customer in terms of this agreement;
29. “Network Coverage” means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established;
30. “Contractor” means a contractor appointed by SMART to install, maintain, repair, connect, disconnect, or perform any similar tasks related to the provision of the CPE or the Services by SMART to the Customer;
31. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence, and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
32. “Force Majeure and Uncontrollable Event” means (including without limitation) any event or circumstance which is not within the reasonable control of the affected party including, without limitation, to fire, flood, earthquake, explosion, natural disaster, elements of nature or acts of God, unusually severe weather conditions, war, national emergency, riots, civil disorders, rebellions or revolutions in any country, prohibitive legislation or regulations, inability to secure materials or services, failure of power on utility suppliers (including electronic equipment), including the termination or suspension of a service or product provided by a Network Provider and/or third party suppliers, that may result in a delay or a failure to provide any product or service and where the this event and could not have reasonably circumvented through the use of alternate sources, workaround, plans, or other means (including state-of-the-art disaster recovery or business continuity measures).
33. “Parties” means the parties to this agreement, being SMART and the Customer, and “Party” means either one of them;
34. “The Authority” means the Independent Communications Authority of South Africa established in terms of the Independent Communications Authority of South Africa Act 13 of 2000 and its successors who oversee the telecommunications and electronics industry in the Republic of South Africa;
35. “Republic” means the Republic of South Africa;
36. “ICASA” means the Independent Communications Authority of South Africa;
37. “Electronic Communications Act” means the Electronic Communications Act, 2005;
38. “ECTAct” means the Electronic Communications and Transactions Act, 2002;
39. “CPA” means the Consumer Protection Act, 2008, as amended from time to time;
40. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
41. “NCA” means the National Credit Act, 34 of 2005;
42. “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991.
43. “Debit Order” means any debit order including, but not limited to, any of the following: authenticated early debit order (AEDO), non-authenticated early debit order (NAEDO) or Debi Check;
44. “POPIA” means the Protection of Personal Information Act 4 of 2013 and its regulations as amended from time to time;
45. “Personal Information”is as defined in the Promotion of Access to Information Act 2 of 2000 (“PAIA”).

1. The singular includes the plural and vice versa;
2. A reference to any gender includes the other genders and a reference to a person includes any individual, body corporate or unincorporated or any other entity recognised in law as having a separate legal existence;
3. When any number of days is prescribed, this shall be calculated by excluding the first and including the last day, unless the last day is not a Business Day in which case the days shall be calculated up to the next Business Day;
4. Headings of Clauses have been inserted for convenience only and shall not be considered in the interpretation of the agreement;
5. If there is any conflict between the provisions of this agreement and any schedule or annexure, the provisions of this agreement shall prevail;
6. Words defined in this Clause shall have the same meaning in the schedules and any word defined in a Clause or schedule shall have that meaning in the Clause or schedule concerned and if used elsewhere in this Agreement.

1. SMART may require information from other Network Providers. The Customer authorises SMART to approach any Network Provider or other party to obtain such information;
2. SMART may need to enter into agreements or arrangements with third parties which may be necessary for SMART to deliver the Services. The Customer authorises SMART to enter into any such agreement or arrangement as may be necessary;
3. The Customer undertakes to provide SMART with all information and documentation required under RICA prior to the Service being activated. The Customer acknowledges that SMART may not provision any Service to the Customer until such a time as the Customer has complied with this sub-Clause.

1. shall not use or permit the services to be used for improper, immoral, or unlawful purposes;
2. shall not resell capacity arising from the Services;
3. shall comply with relevant legislation, including any regulations by the Authority, and any directives or instructions from SMART, including SMART’s Acceptable Use Policy (AUP), available at: https://www.smartonline.co.za/policy/acceptable-usage-policy/ and as noted in Clause 24 of this document, as well as the Privacy Policy, available at: https://www.smartonline.co.za/policy/privacy-policy/, relating to the use of the equipment or Services;
4. shall comply with each third party provider’s Standard Terms and Conditions for the provision of Services where SMART makes use of a third party network to provision service to the Customer.

1. The cancellation charge in respect of each Service is outlined per Network Provider below
   1. The cost:
      1. For Frogfoot as a Third Party Network Provider, the balance of the value of that would have become due and payable for the remainder of the contract term for that Service, unless the Month-to-Month option is selected;
      2. For OpenServe as a Third Party Network Provider, the balance of the value of that would have become due and payable for the remainder of the contract term for that Service, unless the Month-to-Month option is selected;
      3. For TT Connect as a Third Party Network Provider, the balance of the value of that would have become due and payable for the remainder of the contract term for that Service, unless the Month-to-Month option is selected;
      4. For SMART as the Primary Network Provider, the balance of the value of that would have become due and payable for the remainder of the contract term for that Service, unless the Month-to-Month option is selected; plus
   2. The cost of any free installation provided, charged at R1725; applicable to Month to Month contract option where the cancellation is requested within 6 months from activation.
   3. In addition:
      1. The cost of any free-to-use CPE devices supplied to the Customer at the Activation Date, being either:
         1. The TP-Link WR850N charge at R575; or
         2. The Zhone 2301 plus TP-Link WR850N Bundle Series charged at R2050; or
         3. The Zhone 2428 charged at a value R2050; or
         4. The BDCOM-GP1501-TP-LINK850 at the value of R900; or
         5. The BDCOM-GP1501at the value of R600.
2. Once the CPE has been received by SMART and tested to confirm that the CPE unit/s are is in good working order and condition as issued, the cost of the CPE will be credited back to the Customer. Refunds are only processed on the 15th and 1st of each new billing month.
3. A collection fee of R249 where the customer requests SMART to collect the CPE.
4. If the Agreement is not cancelled by you or us prior to or on the Expiry Date, it will automatically continue and constitute a month-to-month agreement terminable on at least 1 (one) calendar months’ notice which will take effect on the first day of the month immediately following the end of the applicable notice period. For example if notice is given on the 15th of January, calendar month notice initiates on 1st February and termination will take effect on the 1st of March.
5. The Customer is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation. Should the Customer incorrectly follow the cancellation process, SMART will not be liable for any additional costs or compensation to the Customer due to any errors.
6. Cancellation of any other product or service is the Customer’s responsibility and follows the same procedure and conditions as outlined above.
7. Services cannot be paused at any stage of the contract term, and are treated as cancellations per above.

1. Ensuring that the communication services and facilities, including, without limitation, installation areas, electrical outlets, are suitable for the installation, passage and electrical connection of the equipment and Services when they are delivered for installation and thereafter. Where any device or equipment is required which is not provided by SMART, the Customer shall be responsible for installing it at its own cost, risk, and expense. Only devices and equipment which are approved by the Authority, and which have all the technical and operational characteristics and modifications which have been approved may be used in conjunction with the Services and the CPE; and
2. Obtaining all the necessary permissions, approvals, and authorities necessary for the purposes of the supply and installation of the equipment and Services, including permission from the owner of the premises where the Customer is not the owner. The Customer hereby indemnifies SMART against any liability or costs which SMART may incur because of the Customer’s failure to obtain any approval or permission.

1. the CPE is kept in the Customer’s possession and control, protected against any material loss or damage and free from any attachment, lien, hypothec, or other encumbrance;
2. the CPE is used with due care and diligence, The Customer specifically acknowledges that the fly-lead is extremely fragile and may not be bent, tightly coiled or manhandled;
3. Should the Customer move from the Customer’s premises, the CPE must be returned to SMART at the Customers own expense.

1. For the supply and delivery of Service, irrespective of whether the service is used or not;
2. The Customer understands and accepts the below provisions:
   1. Billing will commence on the Activation Date.
   2. Any additional subscription services that the customer signs up for will be payable in advance on presentation of the Customers next invoice.
   3. Any other Services invoiced in arrears are payable on presentation of invoice.
   4. All Fees and other amounts payable are quoted exclusive of VAT.
   5. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
   6. The interest rate will be 3% (three percent) above the interest rate.
   7. The prime interest rate will be as charged by SMARTSs bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
   8. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.

1. Withhold Services until all arrears amounts due are settled in full on any and all products and services.
2. Levy an Admin fee for all failed or returned payments, regardless of method of payment or the reason for non-payment. Non-payment of Admin fee will be considered non-payment and will be subject to the same terms. Once levied, Admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period; and
3. Charge a Reconnection Fee for subsequent reactivation of services. SMART may charge multiple reconnections Fees where multiple products are affected. Any prior leniency shown in this regard will not prejudice SMART’s right to enforce such penalties in full at any time (within their discretion).

1. SMART reserves the right to cancel the service agreement in full, and to charge the customer an early cancellation fee as outlined in Clause 5.4.
2. SMART will not be held liable for claims or requests for further provision of services once a Customer’s services have been terminated due to non-payment.
3. All other provisions as outlined in Clause 13.2 will prevail.

1. All such withdrawals from the Customers bank account by SMART shall be treated as though they had been signed and authorised by the Customer in their personal capacity.
2. The Customer understands that the withdrawals so authorised will be processed through a computerized system provided by the South African Banks and the Customer understands that that the details of each withdrawal will be reflect on their bank statement.
3. The Customer agrees to pay any bank charges relating to this collection instruction.
4. All outstanding balances will be taken off the Customer’s monthly debit order and all final balances due will be taken off the Customers final debit order upon service cancellation.
5. To cancel or amend the DEBIT ORDER AUTHORITY AND MANDATE FOR PAYMENT, the Customer must notify billing@smartonline.co.za before the 20th (twentieth) of each billing month.

WhatsApp: 081 337 1756 (Business hours only)

SMART Portal: https://smartonline.co.za/account/selfadmin/login.jsp

Business Hours 08H00 – 17H00

Weekday After Hours 17H00 – 20H00

The customer accepts that smart does not guarantee speeds over a wireless connection. Wireless connections are susceptible to external interference and each customer’s home setup is different.

1. your name and surname;
2. your account number;
3. the date on which the complaint or dispute arose; and
4. A brief description of what gave rise to the complaint or dispute.

1. a copy of the bill concerned or the particulars thereof, e.g. account number;
2. the reason for the dispute;
3. the amount in dispute; and
4. Supporting information or documentation, if any.

1. The Customer commits a serious or repeated breach of the Agreement, or the Customer engages in any conduct which in SMART’s opinion would have a negative impact on SMART, other Customers or SMART’s staff or is detrimental to the welfare, good order, or character of SMART; or
2. Any part of the Customer’s Charges is not paid in full when due; or
3. The information the Customer supplied to SMART is found to be incorrect or false;
4. SMART reasonably thinks that the Customer’s use of the Services may result in the commission of a crime or is otherwise unlawful.

1. Will not be eligible for reimbursement / compensation, unless at SMART’s discretion
2. May be further barred from signing up for any services with SMART in the future
3. May be reported to governing bodies, such as ISPA, for listing purposes
4. May be listed with applicable authorities and credit bureaus.
5. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

1. A full coloured, clear, legible copy of their valid Identity Document or Driver’s License.
2. Non-South African citizens may submit a copy of their valid Passport or International Driver’s License.

1. the Services being interrupted, suspended, or terminated for whatsoever reason;
2. or communications to or from the Customer not being sent and/or received at all or on time for any reason whatsoever;
3. The Customer using the Services for illegal, immoral, or improper purposes.

1. Any criminal, illegal or unlawful act.
2. Any use which intentionally interferes with SMART’ ability to provide services in any respect.
3. Any use which intentionally interferes with the rights of SMART or any other third party.
4. Any use which is a breach of any other agreement SMART may have entered with you or any policy or other terms and conditions which you have agreed to in connection with the use of SMART services.
5. The use of SMART’ service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.

Townsend Office Park, Block 10

Bedfordview, Johannesburg,

2008

E-mail: legal@smartonline.co.za

The Customer: As per the Application form and supporting Sales Order

1. The Customer shall be entitled to refer any dispute between itself and SMART regarding the installation and/or accessibility of Services to the Authority or to refer any matter to any other regulatory body having jurisdiction in respect thereof.
2. However, the Customer shall first exhaust SMART’s internal escalation route for dispute resolution and fault reporting before escalating any such matter to the Authority or other regulatory body having jurisdiction.
3. The Customer shall refrain from attacking SMART or its sub-contractors on any Social Media Platforms for delays in installation and/or Service interruption repairs, without first following the escalation routes and remedies stated above. Failure to comply with this Clause shall entitle SMART to cancel the Agreement without any further notice to the Customer. SMART furthermore reserves the right to take legal action for slander/defamation against the Customer for any untrue statements made on Social Media in addition to cancelling the Agreement as aforementioned.