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Fibre Terms & Conditions Agreement Ver 5

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1. DEFINITIONS AND INTERPRETATION

  1. The headings of the clauses of this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any substantive provision or clause hereof. Unless a contrary intention clearly appears, words importing:
    1. any one gender includes the other two genders;
    2. the singular includes the plural and vice versa;
    3. natural persons include created entities (corporate or unincorporate) and vice versa.
  2. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:
    1. “Activation Date” means the date upon which the Services are made available to the Customer at the Installation Address subject to the FNO Installation Date;
    2. “Agreement” means this contract document comprising Part A (Customer Information), Part B (Schedule of Services), Part C (Terms and Conditions) and Part D (Authority for Payment Mandate);
    3. “Bill/Billing” means the invoice and/or amount generated for the Customer’s account;
    4. “CPA” means the Consumer Protection Act 68 of 2008 and the regulations promulgated in terms thereof;
    5. “Claim” means a claim by the Customer for defective Installation and/or defective Services;
    6. “Claw Back” means the amount billed for the Customer’s account due to Krypton Web, in the event of a Termination of Service prior to the Initial Period;
    7. “Consumer” means a Customer as defined in Part A, Section 1 of the CPA and who is not excluded from the application of the CPA by virtue of the provisions of Section 5(2) of the CPA;
    8. “Customer” means the entity described in Part A of the Agreement;
    9. “FNO (Fibre Network Operator)” means a Service Provider that builds and owns the physical fibre cable network, infrastructure and associated hardware;
    10. “FNO Hardware” means following equipment: –
      1. Optical Network Terminal (ONT) box,
      2. Access Termination Box (ATB) box,
      3. Fibre cabling,
      4. Trunking and/or conduit as required or requested,
      5. Associated power plugs/adaptors;
      6. Outside wall mounted box or overhead cable.
    11. “FNO Installation Date” means the date on which the Customer and the FNO agree to have the FNO and/or its sub-contractors install the FNO Hardware inside the Customer’s home and hence upon which this Agreement shall come into force and effect;
    12. “FNO Network” means the physical Fibre cable network and associated hardware components that the FNO has in place for the ISP to provide its internet service over;
    13. “Free-to-use” means any Hardware supplied to the customer, which remains the property of Krypton Web until otherwise specified;
    14. “FTTB” means a Fibre internet service provided to a Business;
    15. “FTTH” means a Fibre internet service provided to a residential, non-commercial address;
    16. “FUP” and/or “AUP” means the Fair Usage Policy and/or the Acceptable Usage Policy respectively;
    17. “Hardware” (where not otherwise specifically defined) means either the FNO Hardware of ISP Hardware
    18. “Initial Period” means the date which marks the end of the 12th or 24th full calendar month period after the Activation Date as specified in paragraph 4 of Part B;
    19. “Installation” means the installation of the Hardware at the Installation Address in accordance with the applicable Installation payment options selected by the Customer;
    20. “Installation Address” means the address at paragraph 4 of Part A at which the Service will be supplied as selected for by the Customer;
    21. “Installation Cost” means the Customer contribution to the Total Cost of Installation;
    22. “ISP” means the Internet Service Provider Krypton Web;
    23. “ISP Hardware” means the router and associated power adaptor supplied by the ISP;
    24. “Krypton Web” means Krypton Web (Pty) Ltd a private company with limited liability having, registration number 2018/453941/07, situated at 20 Nurse Avenue, Epping Industrial 2, Cape Town;
    25. “Krypton Web FNO Partner” means the FNO Service Provider with which Krypton Web has an (business) agreement to use the Fibre Network of the FNO in order to provide the Service to the Customer at a specific Installation Address. These FNO’s include, but are not limited to: Frogfoot, Octotel, Openserve & Vuma;
    26. “Krypton Web Fibre Coverage Area” means the areas in which Krypton Web is licensed to provide the Services as defined by our ICASA license and the specific FNO Network;
    27. “Load-Shedding” means the planned, systematic and/or disruptive cessation of supply of electricity by the national/local service provider to the national/local grid;
    28. “Network” means all or any component of the Krypton Web and/or FNO infrastructure which is used in making the Services available to the Customer;
    29. “Online Order” means the digital application from the Customer for supply of Service by Krypton Web via the Krypton Web website: www.kryptonweb.co.za;
    30. “Order Date” means the date on which the Online Order for the Fibre Internet service was placed with Krypton Web for the particular address, Customer and FNO Network, by the Customer, being the date depicted in paragraph 4 of Part B;
    31. “Rate” means the prime rate of interest as quoted by the South African Reserve Bank on its website url: – www.resbank.co.za plus four percent (4%);
    32. “Re-Grading Service” means the upgrade or downgrade of Service speed from the Customer’s current subscribed service speed;
    33. “Regulations” means, when used in the upper case, the regulations published in Notice No. R293 Gazette No. 34180 dated 1 April 2011;
    34. “Service” means the internet traffic subscription to be rendered by Krypton Web to the Customer;
    35. “Service Fees” means the monthly charge for the rendering of the Services in the amount stipulated in paragraph 1 of Part B;
    36. “Service Migration Fee” means any billings raised due to a processing of change in service due to a change in Installation Address;
    37. “Supplier” means the place or company from which, especially Hardware, is procured;
    38. “Suspend/Suspension” (with regard to Service) means the temporary cessation in supply of Service to the Customer by Krypton Web;
    39. “Terms” means the terms and conditions contained in Part C of this Agreement;
    40. “Third Party Service Provider” means service providers such as, but not limited to, Teraco, Seacom, DFA, Octotel, Openserve and/or any other Network infrastructure service providers;
    41. “Total Cost of Installation” means the total amount estimated for Hardware, labour and setup costs for an installation;
    42. “VAT” means value added tax, currently levied at a rate of 15%, and as amended from time to time.
  3. Any clause herein referring to the “Initial Period” will only apply to Residential Customers and not Business.
  4. If any provision in a definition is a substantive provision imposing rights or obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
  5. Any reference to days (other than a reference to business days), months or years shall be a reference to calendar days, months or years, as the case may be; provided that should any calendar day fall on a Saturday, Sunday or Public Holiday in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday.
  6. Where any term is defined within the context of any particular clause in the Terms, the term so defined, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in this interpretation clause, unless otherwise stated or appears from the context.
  7. The expiration or termination of the Agreement (or any current Agreement) shall not affect such of the provisions of the 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.
  8. The use of the word “including” followed by a specific example or examples shall not be construed or interpreted as limiting the meaning of the general wording preceding it and the eiusdem generis rule (which is a rule of interpretation that when a list of two or more specific descriptors is followed by a more general descriptor, the otherwise wide meaning of the general descriptors must be restricted) shall not be applied in the interpretation of such general wording and/or such specific example or examples.
  9. The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the Agreement, shall not apply.

2. RECORDAL/RECITAL

  1. The parties wish to regulate the contractual basis upon which the Customer subscribes to the rendering of the Services;
  2. The Agreement regulates the entire ambit of the contractual relationship between the Customer and Krypton Web including but not limited to: –
    1. The Online Order process;
    2. the Installation of the FNO Hardware and ISP Hardware;
    3. the subscription to the Service;
    4. payment for the Service rendered;
    5. the termination of the Service;
    6. all related ancillary matters.

3. INTERNET SERVICE, ORDERING PROCESS & PRICING

  1. Krypton Web can only provide the ordered Service to the Customer at one specified Installation Address, as applied for using the Online Order process, within the boundaries of the Krypton Web Fibre Coverage Area and as covered by the specific Krypton Web FNO partner.
  2. The Service supplied by Krypton Web is uncapped, unthrottled and unshaped; and has no FUP/AUP.
  3. The internet Service for the Customer’s specific address can only be ordered via our Online Order page to be found on our website: kryptonweb.co.za
  4. The Online Order is a request from the Customer to Krypton Web to provide the Service to the specified Installation Address. Krypton Web places an order and enters into an agreement with the specific FNO on behalf of the Customer, as chosen for by the Customer, to use the FNO Network to provide the Customer with the Service;
  5. When placed, the Online Order is a non-binding agreement for Services to be supplied by Krypton Web to the Customer.
  6. The Online Order becomes a binding agreement between the Customer and Krypton Web at such point when the Customer accepts and/or agrees to the FNO installing the FNO Hardware at the Installation Address on an FNO Installation Date and at such time by confirming Krypton Web as the ISP with the FNO and the FNO Hardware is installed at the Installation Address.
  7. Where a Customer may want to cancel their order before the FNO Hardware has been installed, the Customer must ensure that no confirmation is given to the FNO to install the FNO hardware and/or prevent the FNO from installing FNO hardware. Furthermore, email correspondence must be sent by the Customer to Krypton Web requesting the order cancellation, with only an email reply from Krypton Web confirming cancellation is possible serving as a guarantee that the order can be cancelled. This confirmation email by Krypton Web to the Customer will be subject to the FNO confirming no liability by Krypton Web to the FNO for the Online Order as placed by the Customer.
  8. The monthly Service fees as advertised on the Online Order page are correct from the day of order and is valid for the Initial Period. The price as ordered is linked to the price as set by the FNO and as such is subject to change accordingly in line with any FNO price changes either during or after the Initial Period.
  9. Where a Customer may want to Re-Grade their Service during the Initial Period, the Re-Graded Service pricing will be linked to the Service Fees as at the Order Date and any price adjustments based thereon, and not necessarily the current advertised pricing.

4. INSTALLATION

  1. Installation constitutes the physical installation of both the FNO Hardware and/or ISP Hardware.
  2. The Customer shall be liable to pay the Installation Costs to Krypton Web in advance and prior to commencement of the Installation. No over the counter bank cash deposits or ATM cash deposits will be accepted for this installation payment and any bank charges accrued from such transactions with be billed for the Customers account.
  3. For Residential Installations as per Option 1 of paragraph 2 of Part B, the Installation Cost is determined as such subject to the Customer being subscribed to the Service until the end of the Initial Period. Should the Customer choose to terminate their Service prior to the Initial Period, the Customer will be liable for an early cancellation fee, as well as return the ISP Hardware supplied. This specific fee will be displayed on the Online Order page.
  4. FNO Hardware installation:
    1. The FNO Hardware installation process and date will be conducted between the FNO and the Customer.
    2. In general, FNOs will supply free installation for fibre cabling, conduit and/or trenching up to 25 meters. For longer runs, the Customer will need to engage directly with the installation team regarding their rates for the additional meters.
    3. The FNO Hardware installation is fully under the authority of the FNO, and the ISP is absolved of any financial recourse should there be a delay in the FNO activating the fibre connection, resulting in a delay in the ISP activating the Service.
    4. Should the installation team cause any damage to property or injury, the ISP will be absolved of any financial recourse but will serve as a channel between the Customer and the FNO in getting the matter resolved, should this be required.
  1. ISP Hardware installation:
    1. The ISP may choose to deliver pre-configured equipment either before the FNO Hardware has been installed, or after the FNO Hardware installation.
    2. The ISP Hardware will only be able to access the Service after such time that the FNO has tested their equipment to be working and live for the Installation Address.
    3. The ISP will only install the ISP Hardware within a 2-meter cable distance from the FNO’s ONT equipment. Any other requested installation can be arranged at an additional cost to the Customer.

5. HARDWARE

  1. For all Residential Customers, as per Option 1 of paragraph 2 of Part B, the FNO Hardware will remain the property of the FNO indefinitely; and the ISP Hardware will remain the property of Krypton Web until the Initial Period after which point it becomes the property of the Customer. During the Initial Period the ISP Hardware is supplied as Free-to-use and is covered under guarantee against fault; excluding for faults relating to damage whether implied and/or accidental, or due to damage caused by Load-Shedding as deemed as such by our Suppliers.
  2. For all Business Customers the FNO Hardware will remain the property of the FNO indefinitely; and the ISP Hardware will belong to the Customer on settlement of the Installation Cost as specified in Option 2 in paragraph 2 of Part B. During the Initial Period the ISP Hardware is covered under guarantee against fault; excluding for faults relating to damage whether implied and/or accidental, or due to damage caused by Load-Shedding as deemed as such by our Suppliers.
  3. The Customer is responsible for the safekeeping of all Hardware and hereby agrees: –
    1. to notify Krypton Web immediately if any of the Hardware has been lost, damaged, stolen or destroyed; and
    2. to take reasonable steps to prevent the Hardware becoming lost, damaged, stolen or destroyed by ensuring that the Hardware is insured against theft or damage as part of their household/building or other insurance; and
    3. to ensure that the equipment is unplugged from the wall socket prior to periods of Load-Shedding, until 5 minutes after the power supply has returned, to prevent power surges from damaging any of the Hardware’s circuitry, unless the Hardware is powered by a UPS or inverter.
  4. Should any ISP Hardware become damaged due to Load-Shedding or any other electrical power related damaged, the ISP Hardware will be replaced with a temporary unit and the defected unit will be sent back to the Hardware Supplier for assessment. The outcome of this assessment will result in the following recourse:
      1. The Hardware Supplier swops or repairs the defective unit without cost and Krypton Web returns it to the Customer without charge;
      2. The Hardware Supplier deems the damage to be from Load-Shedding or electrical power related damage and does not repair the unit. In this case they Customer will bear the full price of replacement for a new unit.
  5. Should any FNO Hardware become damaged and need to be replaced/repaired, the cost of such repair/replacement will be determined by the FNO responsible for the Hardware. The FNO will also provide guidelines whether the repair/replacement will be for the account of the Customer, or for that of the FNO. The ISP does not take any responsibility nor bear any costs for the replacement/repair of FNO hardware.
  6. Krypton Web shall carry no responsibility or bear any liability arising out of and/or caused by any defects to any Hardware equipment supplied by the Customer themselves.

6. SUBSCRIPTION TO SERVICES

  1. The Customer hereby agrees to subscribe to the Services rendered by Krypton Web on commencing on the Activation Date; and shall continue indefinitely until it is terminated in terms of the Agreement; and subject to the further terms and conditions contained in this Agreement provided that either party may then terminate the Agreement, subject to any Claw-Back Penalties, by giving one calendar month’s written notice to that effect to the other.
  2. Re-grading the Service:
    1. Any speed Re-Grading (upgrades or downgrades) must be submitted in writing to Krypton Web before the 21st of the month, for effect from the 1st of the following month.
    2. A Re-grading fee may be biller for the Customer’s account on Services based on levies charged by the specific FNO. This amount will be communicated to the Customer prior to the Re-grading being processed for the Customers approval.
  3. Krypton Web will not be liable for any break in Service as a result of a break in Service due to an FNO and/or Third Party Service Provider related fault.

7. PAYMENT FOR SERVICES

  1. The Customer will be billed monthly in advance for the Services and payment will be due on the second (2nd) day of the month for that month. Invoices will be generated and sent to the Customer three to seven (3-7) days preceding the month of billing and payment due date.
  2. Without in any way derogating from any of Krypton Web’s rights, should the Customer fail to pay any amount due to Krypton Web for the Services by the due date or at all, Krypton shall be entitled to Suspend the Services forthwith until such time as all such outstanding amounts have been paid.
  3. Krypton Web reserves the right to charge and levy the Service Fees on the first (1st) calendar day of each month. Accordingly, should the Activation Date be any day other than the first (1st) day of any month, then the first (1st) month’s Subscription Fee will be pro-rated for this month and will be due immediately on or before installation; and the next full months’ subscription fee will be due on the second (2nd) day of that month.
  4. It is the Customer’s responsibility to make sure that it has provided Krypton Web with the correct banking details. If the Customer’s banking details should change for any reason, the Customer must notify Krypton Web of any such change at least two (2) weeks before the next payment due date to enable Krypton Web to facilitate a change in the debit order details. The Customer understands and agrees that Krypton Web cannot be held liable for any charges, damages or loss which may occur if the Services should in any way be interrupted or suspended due to a change in the Customer’s banking details.
  5. The Customer furthermore acknowledges that should the Services be suspended due to a late/missed payment on the Customer’s part and requires reactivation, there may be a delay of up to three (3) working days between the date the Customer’s payment clears into Krypton Web’s bank account or proof of payment is received; and the reactivation of the Services. In this case of reactivation following Suspension, an additional reconnection fee of R100 will be billed and is due to Krypton Web by the Customer.
  6. Customers who are consumers have the right to apply set-off, by virtue of the provisions of the CPA but may not seek to apply set-off of any of their obligations to Krypton Web in terms of this Agreement unless: —
    1. Krypton Web is in breach of the Agreement, and;
    2. the Customer has first given Krypton Web seven (7) days’ prior notice of the Customer’s intention to apply set-off which notice must: –
      1. be delivered to Krypton Web;
      2. state the amount which the Customer wishes to set-off;
      3. state the nature and cause of the indebtedness against which the Customer wishes to apply set-off.
    3. In the circumstances contemplated in clause 7.6 above, Krypton Web may, by written notice to the Customer, elect to resile from the Agreement and in which event both parties’ rights to claim damages are fully reserved.
  7. Should the Customer choose to effect payment of the Services by means of debit order, Krypton Web requires, and the Customer thereby agrees by way of completing Part D: Authority for Payment Mandate, to a monthly debit order against the Customer’s banking account. To this end, the Customer agrees and undertakes to furnish Krypton Web with their banking information together with the Customer’s written consent to the creation of the debit order upon the completion of the Online Order and/or this Agreement. The Customer hereby agrees and undertakes to sign all such documentation as Krypton Web may reasonably require the Customer to sign for the purposes of setting up a monthly debit order for the upfront payment of the Services.
  8. No over the counter bank cash deposits, nor ATM cash deposits, will be accepted for payment; and any bank charges accrued by Krypton Web from such transactions will be billed for the Customer’s account.

8. CHANGE OF INSTALLTION/SERVICE ADDRESS

  1. The Customer acknowledges that the Services may only be used (and will only be made available for use) at the physical address stipulated in paragraph 4 of Part A and may not be moved to another physical address.
  2. Should the Customer want to change the Installation Address as stipulated in paragraph 4 of Part A, the Customer shall have to place a new Online Order for the new address and cancel the Service at the current address subject to the terms as set out in Clause 10.
  3. The change in supply of Service due to a change in Installation Address by the Customer will be subject to the following terms as applicable: –
  4. Address Migration with same FNO:
    1. Should the Customer’s new Installation Address fall within Krypton Web’s Fibre Coverage Area and use the same FNO network, a Service migration can be processed with the FNO. In this case a Service Migration Fee may be raised for the Customers account depending on the specific conditions for the specific FNO. The specific Service Migration Fee will be communicated to the Customer by Krypton Web on enquiry or after receiving the Online Order with the new address and before Krypton Web places an application for this address with the FNO.
    2. Should the Customer’s new Installation Address not fall within Krypton Web’s Fibre Coverage Area but uses the same FNO network, Krypton Web will not be able to provide a Service to the Customer at the new Installation Address and a Termination of Service may have to be requested by the Customer, at the Customer’s choosing, subject to the terms and conditions as per Clause 10 of this Agreement;
  5. Address Migration with different FNO:

Should the Customer’s new Installation Address not fall within the same FNO Network and/or not fall within Krypton Web’s Fibre Coverage Area, a Termination of Service may have to be requested by the Customer, at the Customer’s choosing, subject to the terms and conditions as per Clause 10 of this Agreement.

9. SUSPENSION OF SERVICES

  1. Krypton Web may Suspend the Services if:
    1. the Customer fails to timeously make payment of all or any amount payable by the Customer to Krypton Web in terms of this Agreement (and in which event the Services may be suspended until such outstanding amounts have been paid in full);
    2. the Customer uses the Services unlawfully and/or to send spam, whether sent intentionally or not, or due to any virus or similar on any of the Customer’s devices sending out spam;
    3. the Customer fails to comply with any of the terms and conditions of this Agreement;
    4. the Customer uses an IP address that the Customer does not have a right to use;
    5. the Customer knowingly or unknowingly uploads, downloads, distributes or has stored any files containing viruses, spyware and/or ransomware;
    6. in the event of a Network failure or when the Network becomes unavailable due to any modification, upgrade, maintenance or for any other reason or circumstance beyond Krypton Web’s control.
  2. Krypton Web will use reasonable endeavours to keep the Customer informed about the possibility of Service Suspension in the case of non-payment, by means of sending the Customer emails and/or SMS reminders.
  3. The suspension of the Service due to nonpayment will not result in a reversal of billing for that month due, due to Krypton Web’s commitment to the FNO on the Customers behalf.
  4. Refer to clause 16 for terms of breach and associated costs of suspension/reactivation

10. TERMINATION OF SERVICES

  1. The provisions of this clause 10 apply only to Consumers. For the avoidance of doubt, Customers who are not consumers may not terminate this Agreement prior to the Initial Period save as specifically provided for in this Agreement. – what does this mean?
  2. Should the Customer wish to cancel this Agreement prior to the Initial Period, the Customer shall need to give Krypton Web one calendar (1) months’ written notice. Krypton Web will process a Claw Back billing amount for the Customer’s account towards the Total Cost of Installation.
  3. Should the Customer wish to cancel their subscription on or after the Initial Period, the Customer shall need to give Krypton Web one (1) calendar months written notice and shall not incur any Claw Back fee, nor have to return the Free-To-Use router.
  4. For Residential Customers, upon termination of Service prior to the Initial Period, the Customer will be liable to return the ISP Hardware to Krypton Web within 7 (seven) working days in working order. Failure to return, or by returning any equipment in a defective or damaged state, will result in Krypton Web billing the Customer for the Router at the current fair retail price.

11. CUSTOMER WARRANTIES
The Customer:

  1. warrants and acknowledges that it is aware that the quality and/or availability of the Services may sometimes be affected by factors such as:
    1. the features or functionality of the WiFi router;
    2. an inadequate and/or incompatible and/or damaged WiFi router;
    3. the distance from the router when connecting to the router over WiFi, especially when streaming or gaming;
    4. the number of people trying to use the Network at the same time;
    5. faults in other electronic communications networks to which Krypton Web’s internet service is linked;
    6. faults in the Third Party Service Provider’s networks to which Krypton Web’ Service may be linked or to which may be used to break out onto the internet;
    7. bad weather conditions;
    8. other causes of radio interference like nearby/neighbouring routers or electrical power lines.
  2. warrants and guarantees that all personal information supplied by the Customer to Krypton Web in this Agreement is true and correct;

12. CLAIMS / LIABILITY
Customers who are not classified as consumers

  • Krypton Web’s liability in respect of Claims shall be limited to the re-supply of the defective Hardware and/or Services within a 12 month guarantee period.
  • Krypton Web shall, under no circumstances, be liable to the Customer for consequential loss or pure economic loss, howsoever arising.
  • The Customer acknowledges that it is the Customer’s obligation to take adequate steps to protect itself against potential losses arising from product liability and/or defective works including but not limited to taking out public liability insurance policies.

Customers who are classified as consumers

  • The parties acknowledge that, in relation to Customers who are classified as consumers, Krypton Web is bound by the provisions of Part H of the CPA.

13. PERSONAL INFORMATION AND RIGHT TO PRIVACY

  1. In the process of making an application for Krypton Web’s Internet services you understand and agree that Krypton Web may credit vet your application, if necessary.
  2. Furthermore, you agree that, as and when necessary, Krypton Web may obtain, use, store and/or disclose any personal information provided by you and/or obtained by Krypton Web during the application process, for certain purposes.
  3. As and when necessary, you consent Krypton Web using, storing and/or disclosing your personal information provided as follows: –
    1. either credit granters and/or credit bureau and/or banks and/or other financial Institutions in order to ascertain Information relating to your creditworthiness and for fraud prevention purposes, to prove the accuracy of contact details and in order to process any payment transactions necessary for and relative to this Agreement
    2. to attorneys and/or debt collection agencies If you breach this Agreement
  1. Krypton Web will not disclose your personal information to any other person or Institution other than where compelled and/or obliged to do so in law and/or in terms of a court order.

14. KRYPTON WEB WARRANTIES & QUALITY STANDARD
Krypton Web is liable to render the Services in accordance with generally accepted norms and standards in the industry. This is the sole warranty given by Krypton Web and to the extent permitted by law all other warranties, whether express or implied, are excluded.

  1. Connection speed and Speed test results
    1. Krypton Web cannot be held liable for the non-conformance of speed tests conducted over a WiFi connection since WiFi technology operates on an open frequency band and may be prone to environmental interference and noise. This type of interference can arise from neighbouring routers, 4G/5G towers and/or overheard power lines.
    2. Speed tests must be conducted over a wired connection and must be connected directly to the router via the Ethernet port to determine the actual line speeds of the internet service most accurately.
    3. Speed test results show the balance of the available connection speed after any simultaneous usage is accounted for.
  2. Quality of WiFi connectivity for Streaming to a Smart TV, Media Box and/or Gaming Console
    Optimum results for streaming and gaming will be achieved using a cabled connection from your specific device to the router. Krypton Web holds no guarantee regarding the quality or buffering issues that may arise when these services are accessed over a WiFi connection, as the quality of the WiFi component on Smart TV’s, media box’s or gaming console’s, etc are beyond our control.

    1. TV’s: Newer model Smart TV’s may display an on-screen pop-up message if it detects that your router is more than 3 meters away when trying to connect over WIFi.
    2. Media Boxes: Low quality media boxes may also present a WiFi connectivity issue, causing buffering or a picture pixilation/degradation effect especially after extended and continuous use. Krypton Web would recommend purchasing a media box that has at least 4GB memory/RAM, especially if the Customer will be using this device wirelessly. However it is always recommended to connect these devices directly to the router via cable.
    3. Gaming Consoles: For gaming the Customer may experience a higher latency and/or lag when gaming wirelessly compared to gaming using a cabled connection to the router
    4. Wireless WiFi Extenders: Wireless WiFi extenders may only transmit a percentage of the full WiFi strength from the router. While the connection between your device and the WiFi extender may be showing a full strength signal, this connection only indicates the signal strength from the WiFi extender and not the quality of the Service speed from the router. A cabled WiFi extender however will transmit the full Service speed from the router. This is especially so in the case of “plug and play” WiFi extenders and may not necessarily be the case for “mesh” type extenders.

15. INTEREST

  1. All outstanding amounts payable by the Customer to Krypton Web shall attract interest at the Rate, calculated from due date up until date of payment, compound monthly.
  2. Krypton Web may, in its sole discretion and by written notice, waive its right to claim interest, alternatively partially waive its right to claim interest for the period calculated from due date of payment up until the date of commencement of legal or arbitration proceedings against the Customer (should such proceedings be necessary).

16. BREACH
Breach by Customer

  1. In the event of a Customer breaching the terms of this Agreement read with any Agreement concluded pursuant thereto by:
    1. non-payment, on due date or at all, of any amount payable in terms of the said Agreement;
    2. breaching any other provisions of the Agreement and failing to remedy said breach within seven (7) days of delivery of a notice from Krypton Web calling on the Customer to remedy the breach aforesaid;

Krypton Web may (in addition to such other rights afforded in this Agreement) by written notice to the Customer:

  1. claim payment of:
    1. all or any amount payable under the Agreement (notwithstanding that the aforementioned amount may not ordinarily have been due and payable, but for the breach);
    2. damages suffered by Krypton Web;
    3. interest (as provided in clause 14);
    4. legal costs (as provided in clause 18);
    5. all or any other amount which Krypton Web is entitled to claim under this Agreement.

Breach by Krypton Web

  1. In the event of Krypton Web breaching any one or more of its obligations in terms of this Agreement, the Customer shall be entitled to give Krypton Web seven (7) days’ written notice within which to remedy said breach failing which the Customer shall be entitled to:
    1. sue for specific performance, or;
    2. suspend and/or cancel the Agreement, and;
    3. claim payment of:
      1. any actual damages suffered by the Customer arising out of the breach and cancellation;
      2. interest (as provided in clause 14);
      3. legal costs (as provided in clause 18);
      4. all or any other amount which the Customer is entitled to claim under this Agreement.

Financial/pure economic/consequential loss

  • Without in any way limiting or detracting from the aforegoing provisions, neither party shall, under any circumstances, be entitled to claim damages in the form of financial and/or pure economic and/or consequential loss.

17. NON-VARIATION
No agreement varying, altering or cancelling this Agreement shall be valid and binding on the parties unless reduced to writing and signed by the parties.
18. GOVERNING LAWS
This Agreement and/or all or any Agreement concluded pursuant hereto shall be governed by and construed according to the law of South Africa.
19. LEGAL COSTS
In the event of either party (the “Aggrieved Party”) having recourse to legal proceedings to enforce any of its rights under this Agreement or any Agreement concluded pursuant hereto and further in the event of the Aggrieved Party being substantially successful in said legal proceedings, the Defaulting Party shall be liable to bear the Aggrieved Party’s legal costs so incurred on the scale as between attorney and own client calculated at double the prevailing High Court tariff as amended from time to time (notwithstanding the fact that legal proceedings may be sued out of the Magistrate’s Court) and in respect whereof the parties hereby consent to the taxation of any such bill of costs before the Taxing Master of the High Court having jurisdiction over the parties or  the division of the Law Society nearest the Customer.
20. JURISDICTION
The parties hereby consent to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act 32 of 1944 notwithstanding the fact that the amount claimed/in dispute may exceed the jurisdictional limits of the Magistrate’s Court as prescribed from time to time.
21. ADDRESS FOR DELIVERY OF NOTICES AND PROCESS

  1. All notices by either party shall be in writing and addressed to the other party’s chosen address as defined hereunder.
  2. The Customer chooses as its address for the service and delivery of all or any notices and/or legal process arising out of this Agreement, the physical, and e-mail address as stipulated in Part A above.
  3. Krypton Web chooses Suite 7, 20 Nourse Avenue, Epping 2 as its respective physical, postal; and/or [email protected] as the email address for the service and delivery of all or any notices and/or legal process arising out of this Agreement.
  4. Any notices to a party shall be addressed to his chosen address as aforesaid and may be sent by prepaid registered post, delivered by hand or communicated by e-mail or facsimile.
  5. In the case of any notice sent by prepaid registered post, it shall be deemed to have been received, unless the contrary is proved, on the fourth (4th) business day after posting.

22. SEVERABILITY
In the event of any one or more of the provisions of the Agreement and/or these Terms being void or unenforceable in law for any reason whatsoever, said invalid provision(s) shall be struck from the Agreement and/or Terms and/or Agreement (as the case may be) without detracting from the validity of the remaining terms unaffected thereby.