REACH TERMS & CONDITIONS

PLASMA TELECOM SOUTH AFRICA (PTY) LTD T/A FLY.COOL 

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TERMS AND CONDITIONS 

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The Services are provided by Plasma Telecoms South Africa (Pty) Ltd, a private company with limited liability having its primary place of business at

158 Jan Smuts Building, West Wing 1 st Floor, Rosebank, (Fly.cool)

Occasionally our terms or product specifications may change. Fly.cool endeavours to notify you of any material changes, and its latest terms will always be available at www.fly.cool together with the effective date of those terms whether you were notified or not. We oblige you to check our site regularly.

 

Any use by you of our Services after the effective date of our latest terms, will be deemed to constitute acceptance by you of such terms.
Each Service Order accepted in accordance with this Agreement forms and individual agreement that incorporates these General and Service Terms and establishes the terms and conditions under which we will provide those Service to you.

1. Definitions and Interpretation
In the Agreement the following words and phrases will have the corresponding meaning, unless the context otherwise requires:
1.1.1. Agreement: as between you and Fly.cool, these General & Service Terms read together with any terms as stated in the Application and any Installation order.
1.1.2. Authority and Mandate: the authorisation you give to Fly.cool to debit your account monthly, on the selected date, which does not constitute the granting of credit or amount to a
credit agreement.
1.1.3. Application: the online application form accessed on the Fly.cool Portal where you fill-in the required information to order your Product, which when accepted by Fly.cool becomes a
binding Installation order.
1.1.4. Billing Start Date: The Billing Start Date for a Service will be from when the fibre provider hands over fibre services and your internet is active.
1.1.5. Business Day: every day excluding Saturdays, Sundays and public holidays in RSA.
1.1.6. Charges: the following charges and any other charges or fees payable by you to Vumatel in respect of a Service, as set out or referred to in a Installation order and revised from time
to time.
1.1.7. Once-Off Charges include but are not limited to installation, connection and/or activation charges and are non-recurring charges for the setup of a Service (including installation of
any Service Equipment).
1.1.8. Monthly Fee: monthly recurring charges for a Service.
1.1.9. Regulated Customer Data is that Customer Data of which the use, processing or transfer is regulated by law or regulation as personal data.
1.1.10. Customer Site or Site: a physical location at which a Service is provided.
1.1.11. Domicile: the physical address you provide in terms of a proof of address, alternatively per your application form or Authority and Mandate, where you will receive any legal notice.
1.1.12. Effective Date: in relation to a Service, the date upon which Fly.cool accepts your correctly completed Application, together with any required documentation, which upon
acceptance becomes a Installation order and you receive an e-mail to this effect.

1.1.13. Emergency Works: works that are necessary at the time to put an end to, or prevent, the arising of imminent or existing circumstances likely to cause:
(i)danger to persons or property; (ii) the interruption of any service provided by the Network or the network generated by a third party; (iii) substantial loss to Fly.cool or any third
party; and such other works in those circumstances necessary to execute Emergency Works.
1.1.14. Force Majeure Event: any cause beyond a Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war,
acts of terrorism, power outages, strike, industrial disputes, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to
secure materials or services, and acts or omissions of other providers of telecommunications services.
1.1.15. Fly.cool Portal: at Fly.cool order portal (crm.com), where you check the availability of the Provider service in your location before ordering any Product. Fly.cool can make no
warranty as to the accuracy of this resource provided by the Provider.
1.1.16. Network: the points of presence, network hubs and host computers owned, operated, or used by Fly.cool in connection with the provision of a Service.
1.1.17. Party: Fly.cool or you (per the context), and Parties means both you and Fly.cool.
1.1.18. Installation order: An Application and your order for a specific Service to be provided to you by Fly.cool, as read with clause 1.11.
1.1.19. Service Equipment: the hardware, software, systems, cabling and facilities provided by Fly.cool at your Site in order to make the Service available to you. Fly.cool remains the owner
of Service Equipment. Service Equipment does not include the Network or any hardware or software that is the subject of a separate supply contract between you and the Provider.
1.1.20. Uncapped meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology- guidelines/.
1.1.21. Unshaped: Fly.cool does not prioritise or differentiate between different classes of traffic or protocols.
1.1.22. you / your refers to you, our valued customer, whose details are as supplied to us in your Installation order.
1.1.23. Interpretation: Unless the context otherwise requires, a reference to:
1.1.23.1. Singular may refer to plural, and vice versa, as the case may be.
1.1.23.2. A person includes a reference to a natural or juristic person including a reference to that person’s legal representatives, successors and permitted assigns.
1.1.24. A document is a reference to that document as supplemented or varied from time to time.
1.1.25. To the extent that goods or services provided in terms of the Agreement are governed by the Consumer Protection Act, then the provision of same is qualified to comply therewith.

2. Service Activation
2.1.1. Once you have submitted your Installation order to Fly.cool using the Fly.cool channels, your Installation order becomes binding on you.
2.1.1.1. The Fly.cool Portal will generate an Installation order clearly defining all once-off fees and recurring monthly charges, as applicable.
2.1.1.2. When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination of services, applicable charges will apply as
determined by the applicable Fibre Provider and Fly.cool, respectively.
2.1.1.3. To complete the Installation order, customers are required to make payment to complete the Installation order.
2.1.1.4. Payment options available to the customer are, debit cards, credit cards or through EasyPay.

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3. Fibre Packages Products
3.1. Reach Package includes:
3.1.1. This includes the cost of fibre installation, any activation fee(s). This offer is subject to 1 (one) address per application and does not include the cost of any Fibre installation for change
of addresses in case which applicable fees will be charged. Installation fees cover up to 30 meters as the cable routes run. Additional meters are charged at R50 per meter and will be
billed to directly the to the customer. Trenching is limited up to 5 meters. Should a customer require the fibre line to be reinstalled, or the movement of the fibre device within the
home or changing of the fibre cable route a fee of R700 will be levied directly to the customer by the contractor.
3.1.2. This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
3.1.3. The Vouchers once activated have a 30-day validity. On expiration of the voucher, the customer is required to purchase additional EasyPay vouchers.
3.1.4. The service is an uncapped and unshaped.

4. Service Terms
4.1.1. Fly.cool provides Internet access by transmitting and delivering IP packets between your computer/s connected on the Network and other networks in accordance with its standard
business arrangements with Providers of such other networks.
4.1.2. Throughput Rates and IP Access
4.1.2.1. Access to, and across, the Fly.cool IP Network is at the maximum throughput rates set forth in the Installation order. Maximum throughput rates are not guaranteed.
4.1.2.2. Due to the nature of the Internet, Fly.cool can only control IP throughput rates from the user network interface of the Service Equipment to the point of interconnection
between the Network and the Internet.

4.1.3. IP throughput rates may also be reduced by Fly.cool in accordance with its Acceptable Use Policy, a copy of which can be provided to you on request or found at www.fly.cool.
4.1.4. IP Addresses: Fly.cool will dynamically assign 1*/29 public IP addresses from Fly.cool allocated blocks obtained from AfriNIC. Any IP address allocated by Fly.cool to you remains the
property of Fly.cool and you will have a non-transferable licence to use such addresses for a limited time. The dynamic IP will change on a 24hr basis.
4.1.5. Monitoring: Fly.cool monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
4.1.6. Resale of Service: Resale of the Service is not permitted.
4.1.7. Accuracy of Your Information: You will provide Fly.cool with accurate and up to date information: (i) when completing the Application; and (ii) when you contact Fly.cool to report a
suspected fault and are asked a standard set of structured questions. Fly.cool will not be liable for any loss
4.1.8. Fly.cool will not be held liable for any losses arising out of security breaches of the Services.
4.1.9. Disclaimer: Fly.cool will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.
4.1.10. Vumatel Fibre Reach Services and their service levels are based on a “best-effort” basis and no credits will be issued for downtime.

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5. Service Equipment
5.1.1. The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
5.1.2. In the event of failure of the Service Equipment, Fly.cool will repair or replace (at its discretion) the Service Equipment where such failure is covered by the warranty of the original
equipment manufacturer. Where the Service Equipment is replaced, you must return the original Service Equipment to Fly.cool.
5.1.3. You accept liability for any costs incurred by Fly.cool as a result of repair or replacement of Service Equipment where the Service Equipment failure was caused by your use, misuse or
changes to the Service Equipment, other than as previously agreed to in writing by Fly.cool.
5.1.4. You shall be held liable for any damage or loss of any terminal equipment (router/ONT/CPE) the cost of which will be obtained directly from the Fibre operator and billed to you.

6. Charges and Payment Terms

6.1.1. The Line Rental Fee will be operated on a pre-paid service model based on the Monthly Once-Off Service type and the Monthly Recurring Services type.

7. Fly.cool Obligations
7.1.1. In performing its obligations under the Agreement, Fly.cool will at all times exercise the reasonable skill and care of a competent provider of internet-Charges and Payment terms.
7.1.2. Fly.cool will use reasonable endeavours to ensure that each Service will conform to its service terms
7.1.3. With respect to the provision of a Service or otherwise, except as expressly set out in the Agreement, all warranties, representations, or undertakings, are excluded.

8. Your Obligations
8.1.1. You will provide Fly.cool with such facilities and information as Fly.cool may reasonably require enabling it to perform its obligations or exercise its rights under the Agreement.
8.1.2. You warrant and undertake that you will:
8.1.2.1. use the Service Equipment only for the purpose of receiving the Service.
8.1.2.2. not move, modify, relocate or in any way interfere with the Service Equipment.
8.1.2.3. insure and keep insured all Service Equipment installed at the Customer Site against theft and damage.
8.1.2.4. not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment.
8.1.2.5. You may not use the Services for any illegal or immoral purpose, and you will abide by the current version of the Fly.cool Acceptable Use Policy, available at https://www.fly.cool/acceptableusepolicy

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9. Term and Termination
9.1.1. These General and Terms take effect in respect of each Service, from the Effective Date of each Installation order.
9.1.2. You may terminate the Installation order at any time by giving Fly.cool notice, and the cancellation will only take effect once the voucher as expired.
9.1.3. All cancellations must be processed via the Fly.cool portal using your login credentials and cancelling the service in the subscription section
9.1.4. Immediately by notice if, in relation to that Service, a Force Majeure Event subsists for a continuous period exceeding 2 months.
9.1.5. Fly.cool may terminate the Agreement (or a specific Installation order) immediately by notice if the Service provided for home/personal use and it is being utilised for other or business
purposes.
9.1.6. If Fly.cool has reasonable grounds to believe that there has been a violation of its Acceptable and/or Fair Use Policies, Fly.cool may notify you and require you to remedy the violation;
in the event of an incident involving a violation of public law or regulation or an imminent threat to the Network, immediately; or in all other cases, within 48 hours. If you fail to notify
Fly.cool that such a remedy has been effected in accordance with this clause or if Fly.cool reasonably determines that the violation is continuing or is likely to occur again, Fly.cool may
terminate this Agreement (or relevant Service) immediately upon notice to you.

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10. Liability
10.1.1. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under the Agreement is solely limited to the amount paid for such Service(s).
10.1.2. Fly.cool and our contractors will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the Services or for
the cost of procurement of substitute services.
10.1.3. Fly.cool is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and Fly.cool will have no liability as to the quality, content or accuracy of information received through or as a result of the use of the Services.

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11. Force Majeure
Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for any delay, failure in performance of any part of this Agreement (other than for payment obligations as set out herein) or damages suffered to the extent that such delay or failure is attributable to a Force Majeure Event.

12. Intellectual Property
You acknowledge that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wherever enforceable, which are used in connection with the Service and/or Service Equipment, will remain the sole property of Fly.cool, its contractors or suppliers.

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13. Customer Data and Privacy
13.1.1. You acknowledge that Fly.cool and our respective subcontractors will, by virtue of the provision of Services, come into possession of Customer Data.
13.1.2. Fly.cool has implemented and maintains appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
13.1.3. Fly.cool and its respective subcontractors may use or process Customer Data:
13.1.3.1. in connection with the provision of Services;
13.1.3.2. to incorporate Customer Data into databases controlled by Fly.cool for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and customer-use analysis, and
13.1.3.3. to communicate to you by voice, letter, fax or email regarding products and services of Fly.cool.
13.1.4. You may withdraw consent for the use, processing or transfer of Customer Data as set out above by sending a written notice to Fly.cool to such.

14. Passwords
14.1.1. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for any unauthorised use of the Services, including any resultant damages resulting, until you notify Fly.cool.
14.1.2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Fly.cool.

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15. General
15.1.1. No Waiver: Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
15.1.2. Variation: This Agreement (or any part thereof) shall be modified only by the written agreement of the Parties.
15.1.3. Entire Agreement: The Agreement (being these General Terms and all terms under active Installation order Forms) sets out the entire agreement between Fly.cool and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein.
15.1.4. Survival: Termination of this Agreement shall not affect a clause that necessarily or by its context requires survival of these General Terms.

15.1.5. Testing over Wi-Fi : The service is a best effort Broadband service, Fly.Cool endeavours to ensure you are receiving optimal speeds while connected via the ONT over LAN cable. The Fly.Cool router has Wi-Fi capabilities that delivers the bandwidth to your home over a dual band frequency (this being 2.4GHZ and 5GHZ) , do bear in mind that Wi-Fi has its limits due factors that interfere with Wi-Fi which is outside or Fly.cool’s control.
15.1.5.1. Should you suspect your line is not stable over the Fibre, please conduct a speed test directly over LAN cable and not Wi-Fi, and ensure the following: Disable all devices connected to the router. This includes, Tablets, cell phones , smart TVs etc.
15.1.5.2. Should you be getting less than the speed the signed up for via LAN , please send screen shots of the testing to help@fly.cool and the technical team will assist you accordingly.
15.1.6. Use of the Service is subject to the Fly.Cool Acceptable Policy (AUP) which may be located at https://www.fly.cool/acceptableusepolicy

 

The above Terms and Conditions coincide with the acceptable use policy and you confirm that you have read and understood the information set out and incorporated by reference in these Service Terms.