Fibre Terms & Conditions Agreement

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 all 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, after the FNO Hardware has been installed and/or the FNO has activated the Fibre connection; or the when a new, renewed or add-on Service is activated by the ISP in such cases where the Customer has placed an order for such Service using the Online Order form;
   2. “Agreement” means these Terms & Conditions and that can be found at www.kryptonweb.co.za;
   3. “Bill/Billing” means an invoice and/or amount generated for the Customer’s account;
   4. “Binding Agreement” means the point at which the Customer is bound to the Terms and Conditions of this Agreement due to the the FNO Hardware being installed at the Installation Address; or the Service from the FNO has becoming active at the Installation Address, in both cases through the consent of the Customer;
   5. “Business Day” means any day, other than a Saturday, Sunday or public holiday in South Africa;
   6. “Calendar Month” means a month as it appears on the calendar starting on the first day of the month and ending on the last day of the month. Should any reference point date fall on any day other than the first day of that specific month, then the Calendar Month for said reference point date will be the following full Calendar Month;
   7. “Claim” means a claim by the Customer for defective Installation and/or defective Services;
   8. “Contract Term” means the term in months as selected by the Customer on the Online Order, which commences on the Activation Date and ends after as many full Calendar Months of Service as chosen by the Customer has been billed for the Customer’s account, which when elapsed the Installation and Activation Fee can be refunded to the Customer as applicable;
   9. “CPA” means the Consumer Protection Act 68 of 2008 and the regulations promulgated in terms thereof;
   10. “Customer” means the entity completing the Online Order;
   11. “FNO” (Fibre Network Operator) means a Service Provider that builds and owns the physical fibre cable network, infrastructure and associated hardware;
   12. “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.
   13. “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;
   14. “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;
   15. “Free-to-use” means any Hardware supplied to the Customer by Krypton Web, which remains the property of Krypton Web unless otherwise stated;
   16. “FTTB” means a Fibre internet service provided for and to a Business address;
   17. “FTTH” means a Fibre internet service provided for and to a residential, non-commercial address;
   18. “FUP” and/or “AUP” means the Fair Usage Policy and/or the Acceptable Usage Policy respectively;
   19. “Hardware” (where not otherwise specifically defined) means either the FNO Hardware or ISP Hardware;
   20. “Installation” means the installation of the Hardware at the Installation Address;
   21. “Installation Address” means the address as specific by the Customer on the Online Order at which the Service will be supplied;
   22. “Installation and Activation Fee” means the initial and upfront Customer contribution for the Installation and Activation of the Service in accordance with the applicable Contract Term option as selected by the Customer on the Online Order, of which a refundable portion is specified on the Online Order and due to the Customer at the end of the Contract Term;
   23. “ISP” means the Internet Service Provider Krypton Web;
   24. “ISP Hardware” means the router and associated power adaptor supplied by the ISP;
   25. “Krypton Web” means Krypton Web (Pty) Ltd a private company with limited liability having, registration number 2018/453941/07, situated at 20 Nourse Avenue, Epping Industrial 2, Cape Town;
   26. “Krypton Web FNO Partner” means any FNO Service Provider with which Krypton Web has an (business) agreement to use their Fibre Network 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;
   27. “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;
   28. “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;
   29. “Month-to-Month” means not bound to any fixed term Contract and Customers are still subject to a one calendar month notice period for cancellations;
   30. “Network” means all and/or any component of the Krypton Web and/or FNO infrastructure which is used in making the Services available to the Customer;
   31. “Online Order” means the digital order form the Customer completes by filling in the Installation Address, Contract Term and Service Speed, amongst others, to complete the request for the supply of Service by Krypton Web to the Customer; via the Krypton Web website: www.kryptonweb.co.za;
   32. “Order Date” means the date on which the Online Order for the Fibre Internet service was completed and submitted to Krypton Web for the Installation Address, Contract Term and Service Speed, amongst others, by the Customer;
   33. “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%);
   34. “Re-grading” means the upgrade or downgrade of Service Speed from the Customer’s current subscribed Service Speed;
   35. “Service” means the internet data subscription to be rendered by Krypton Web to the Customer, as chosen by the Customer on the Online Order;
   36. “Service Fees” means the monthly billing for the rendering of the Service as per the Online Order as chosen for by the Customer, and dependent on the Service Speed;
   37. “Service Speed” means the connection or line speed as chosen for by the Customer on the Online Order;
   38. “Supplier” means the place or company from which, especially Hardware, is procured by Krypton Web;
   39. “Suspend/Suspension” (with regard to Service) means the temporary cessation in supply of Service to the Customer by Krypton Web;
   40. “Terms” means these Terms & Conditions and that can be found at www.kryptonweb.co.za;
   41. “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;
   42. “VAT” means value added tax, currently levied at a rate of 15%, and as amended from time to time.
3. 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.

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. the payment for the Service;
   5. the suspension of the Service;
   6. the cancellation of the Service;
   7. all related ancillary matters.

1. Krypton Web can only provide a Service to the Customer at a specified Installation Address, 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: www.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. Based on this Online Order and the Installation and Activation Fee received from the Customer, Krypton Web places an order and enters into an agreement with the specific FNO on behalf of the Customer, to use the FNO Network to provide the Customer with the Service using the FNOs Fibre connection;
5. Online Orders as submitted by the Customer are valid for 14 Calendar days from receipt by Krypton Web. Unprocessed Online Orders, due to non-payment of the Installation and Activation Fee, will expire and a new Online Order will have to be submitted by the Customer;
6. When placed, the Online Order is a not yet a Binding Agreement for Services to be supplied by Krypton Web to the Customer.
7. On receipt of the Customers Online Order, an invoice for the Installation and Activation Fee will be raised and emailed to the Customer. Once Krypton Web has received the Customer’s Installation and Activation Fee payment will Krypton Web process an order on behalf of the Customer with the relevant FNO.
8. Should the Installation & Activation Fee as chosen by the Customer on the Online Order not align with the determination of the FNO for the chosen Installation Address, Krypton Web will then notify the Customer in writing, by replying to the the Online Order received, with a revised Installation & Activation Fee.
9. The Online Order becomes a Binding Agreement between the Customer and Krypton Web at such point when:
   1. the Customer accepts and/or agrees to the FNO installing the FNO Hardware at the Installation Address, as chosen/ordered by the Customer on the Online Order, and hence at such time confirming Krypton Web as the ISP, and the FNO Hardware is thus installed at the Installation Address; or
   2. in the event where the specific FNO Hardware, as chosen/ordered by the Customer on the Online Order, was previously installed at the Installation Address, In such case Krypton Web will notify the Customer in writing by replying to the Customer’s Online Order received informing the Customer of the preinstalled FNO Hardware and hence immediate and/or remote Fibre connection activation, and the Customer replies to this email to confirm activation of the Fibre connection.
10. Once the Fibre connection is installed and/or activated by the FNO, the Agreement becomes binding irrespective if the ISP Hardware has been delivered and/or accepted by the Customer.
11. The monthly Service Fees and Service Speeds as advertised on the Online Order page are correct from the day of order. The price and speed as ordered is linked to the price and speeds as set by the FNO and as such is subject to change accordingly in line with any FNO price and speed changes either during or after the Contract Term.
12. Where a Customer may want to Re-Grade their Service Speed, 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.

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 and Activation Fee 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 will be billed for the Customer’s account.
3. FNO Hardware installation:
   1. The FNO Hardware installation process and date will be conducted between the FNO and the Customer.
   2. It is the Customer’s decision as to where the FNO Hardware must be installed, however 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 FNO’s chosen installation team regarding their rates for the additional meters. The method of installation also lies with the FNOs installation team. Any Customer requests regarding the installation must be conducted between the Customer and the FNO installation team.
   3. Should the FNO Hardware already be pre-installed at the Installation Address (for example where a previous owner or tenant had requested to do so) and the Customer would like to have the position of the FNO Hardware moved within the property at the Installation Address, the costs and move of the FNO Hardware will be concluded between the Customer and the FNO. In this case the Customer has to place a written request with Krypton Web to initiate the process FNO Hardware move process with the FNO.
   4. The FNO Hardware installation and Fibre connection provisioning is fully under the ambit of the FNO, and the ISP is absolved of any financial recourse and/or liability should there be a delay in the FNO successfully activating the fibre connection, resulting in a delay in the ISP activating and/or providing the Service.
   5. Should any damages to property or injury to persons occur during the FNO Hardware installation, the ISP will be absolved of any liability and financial recourse. The ISP will serve as an intermediary between the Customer and the FNO in getting the matter resolved.
4. ISP Hardware installation:
   1. The ISP may choose to deliver pre-configured Hardware either before the FNO Hardware has been installed, or after the FNO Hardware installation.
   2. Should the ISP hardware be enroute or delivered to the Customer and the Customer then chooses to cancel their order before the FNO hardware has been installed, the Customer will then be liable to return the ISP Hardware to the ISP within fourteen Business Days or the Customer will be billed for the ISP Hardware and the cost of delivery of the router.
   3. The ISP Hardware will only be able to access the Service at such time that the FNO has tested their Hardware and connection to be working and “live” for the Installation Address.
   4. The ISP will only install the ISP Hardware within a 2-meter cable distance from the FNO’s ONT. Any other requested installation can be arranged at an additional cost to the Customer.

1. The FNO Hardware will remain the property of the FNO indefinitely and, after installed at the Installation Address, may not be moved or removed without the express written consent of the FNO.
2. The ISP Hardware is supplied to the Customer as Free-to-use and will remain the property of Krypton Web.
4. The ISP Hardware is covered by a 12-month warrantee from the initial supply to the Customer against fault, excluding for faults relating to damage whether implied and/or accidental; or due to damage caused by Load-shedding as may be deemed as such by our Suppliers; or due to defect caused by any insect infestation. A new 12-month warrantee does not start for any new equipment that is replaced under warrantee, however the balance of the time period for the 12-month warrantee from the initial supply of the original equipment to the Customer will still be honoured.
5. The Customer is responsible for the safekeeping of all Hardware and hereby agrees to:
   1. notify Krypton Web immediately if any of the Hardware has been lost, damaged, stolen or destroyed; and
   2. 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. reasonably ensure that the Hardware 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 an inverter.
6. Should the ISP Hardware become damaged due to Load-shedding, any other electrical power related damaged or any other defect within the ISP’s 12-month warrantee period, the ISP Hardware will be replaced with a temporary loan unit and the defective unit will be sent 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 unit to be defective and does not repair the unit. In this case the Customer will be invoiced at the current fair retail price for the defective unit and the Customer may then choose to receive a new free-to-use router from Krypton Web with a new 12-month warrantee.
7. 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 nor liability for the replacement/repair of FNO hardware and any resultant Service interruption.
8. The Customer will be liable for costs related to any FNO Hardware that has been removed from the Installation Address.
9. Krypton Web shall carry no responsibility or bear any liability arising out of and/or caused by any defects to any Hardware supplied by the Customer themselves.

1. The Customer hereby agrees to subscribe to the Services rendered by Krypton Web commencing on the Activation Date until the end of the Contract Term without changing FNO’s as ordered by the Customer; at which point the Service shall then continue indefinitely on a Month-to-Month basis until such time that it is cancelled subject to the terms of this Agreement by either party giving one Calendar Month’s written notice to that effect to the other.
2. Re-grading the Service:
   1. Any downward Service Speed Re-grading must be submitted in writing to Krypton Web before the 21st of the month, for effect from the 1st of the following month.
   2. Any upward Service Speed Re-grading can be submitted in writing to Krypton Web during the course of the month for effect within four Business Days. Upward Service Speed Re-grading will not be effected within the last seven days of the month, in which case the Re-Grade will only be effected from the 1st of the following month.
   3. A Re-grading fee may be billed for the Customer’s account on Services based on fees charged by the specific FNO. This amount will be communicated to the Customer in writing prior to the Re-grading being processed for the Customers approval.
   4. A Service may only be Re-graded to any available/advertised Service are per the Krypton Web website, at the specific time the customer wishes to Re-grade. Services may change, become unavailable over time and/or may not be offered/available to the ISP at that time; and as such only the Services as per the Online Order form at that time will be available for the Customer to choose from.
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.

1. The Customer’s billing will commence one day after the FNO has installed the FNO Hardware at the Installation Address; and/or the Fibre Connection has been activated by the FNO.
2. The Customer will be billed monthly in advance for the full months Service and payment will be due on the second day of the month for that month. Invoices will be generated and sent to the Customer three to seven days preceding the month of billing and payment due date.
3. In the Customer’s first month with Krypton Web, after installation and/or activation of the line by the FNO, an invoice for the billing for that month’s Internet Service will be sent to the Customer within two days after activation of the Service and will be due immediately.
4. Should there be a delay in the delivery of the ISP Hardware to the Customer; or should the Customer or a representative of the Customer not be available to accept the ISP Hardware, billing may only be postponed for up to five days after the Fibre connection has been activated by the FNO and the Service has been made available to the Customer at the Installation Address.
5. Should the Customer fail to pay the amount due to Krypton Web for the Services and/or any other invoices due by the due date, Krypton Web shall be entitled to Suspend the Services to the Customer until such time as all such outstanding amounts have been paid.
6. Krypton Web reserves the right to charge and levy the Service Fees on the first calendar day of each month. Accordingly, should the Activation Date be any day other than the first day of any month, then the first month’s Service Fee will be pro-rated for this month and will be due immediately on or before installation; and the next full months’ Service Fee will be due on the second day of that month.
7. It is the Customer’s responsibility to make sure that they have 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 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.
8. 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 five Business Days between the date the Customer makes payment and the payment syncs with our ISP billing software; 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.
9. Should the Customer choose to effect payment of the Services by means of debit order, Krypton Web requires, and the Customer thereby agrees to do so by way of completing a 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.
10. 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.

1. The Customer acknowledges that the Services may only be used and will only be made available for use at the Installation Address as per the Online Order submitted by the Customer and may not be moved to another physical address.
2. Should the Customer want to change their Service to a different address from that of the Installation Address as per the Online Order submitted by the Customer, 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 this Agreement.
3. The cancellation of Service in this regard at the current address, will be subject to the normal cancellation terms and conditions of this Agreement.

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 within any Contract Term will not result in any reversal or credit in billing for any months’ Service, due to Krypton Web’s commitment to the FNO. Should the amount due not be settled before the end of the month of Service, the billing of Service will continue until the Contract Term has come to its end; or the Customer or Krypton Web chooses to cancel the Service by notifying the other party in writing.
4. The suspension of the Service due to nonpayment after the end of any/all Contract Terms will not result in any reversal or credit in billing for any months’ Service, due to Krypton Web’s commitment to the FNO. Should the amount due not be settled before the end of the month of Service, the billing of Service will continue until the Customer or Krypton Web chooses to cancel the Service by notifying the other party in writing.
5. Notwithstanding anything to the contrary in this Agreement, Krypton Web shall have the right (but not be obliged) to cancel this Agreement and cancel the service with the FNO if the Service is Suspended due to nonpayment by the Customer where the nonpayment has exceeded a period of twenty calendar days from the payment due date by notifying the Customer in writing. Where Krypton Web is unable to make contact with or conclude any amicable resolution with the Customer to resolve any outstanding unpaid Customer account, Krypton Web may bill the Customer for up to 3 months Suspended Service awaiting a Customers reply, at which point Krypton Web will immediately cancel the service with the Customer. The Customer will be liable for any cancellation charges and/or will forfeit any Installation and Activation Fees where applicable; as well as be liable for the Service Fees invoiced for the one month notice period required for cancellation.

1. Should the Customer wish to cancel this Agreement at any time, the Customer shall need to give Krypton Web one Calendar Months’ written notice.
2. For Customers wanting to cancel their Service prior to the FNO Hardware being installed or activated, 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 if cancellation is possible serving as a guarantee that the order can be cancelled prior to it becoming a Binding Agreement. 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. In such case, the full Installation and Activation Fee will be refunded to the Customer in full. Should there be any dispute with the Customer and Krypton Web with regard to whether the Online Order has become a Binding Agreement, Krypton Web will have the final decision on the matter based the installation and/or activation billings received from the FNO for that Installation Address and/or Customer.
3. For Customers wanting to cancel their Service prior to the end of the Contract Term, the Customer shall need to give Krypton Web one Calendar Months’ written notice. The Customer will also be liable to return the Free-to-use router and associated power supply to the Krypton Web offices within fourteen Business Days of the Service being cancelled and the refundable portion of the Installation and Activation Fee will not be refunded to the Customer. Failing to return the ISP Hardware to Krypton Web, or by returning any Hardware in a defective or damaged state, will result in the Customer being billed for the ISP Hardware at the current fair retail price.
4. For Customers wanting to cancel their Service at the end or after the Contract Term, the Customer shall need to give Krypton Web one Calendar Months’ written notice. The Customer will also be liable to return the Free-to-use router and associated power supply to the Krypton Web offices within fourteen Business Days of the Service being cancelled, if applicable. Failing to return the ISP Hardware to Krypton Web; or by returning any Hardware in a defective or damaged state, will result in the Customer being billed for the ISP Hardware at the current fair retail price.
5. The Customer should notify Krypton Web of the state of any FNO Hardware left behind, to safeguard the Customer against any claims being raised by the FNO for any missing, damaged or defective FNO Hardware.
6. Krypton Web shall have the right (but not be obliged) to cancel this Agreement if the Service is Suspended due to nonpayment by the Customer where the nonpayment has exceeded a period of twenty calendar days from the payment due date, by notifying the Customer in writing. Where Krypton Web is unable to make contact with or conclude any amicable resolution with the Customer to resolve any outstanding unpaid Customer account, Krypton Web may bill the Customer for up to 3 months Suspended Service awaiting a Customers reply, at which point Krypton Web will immediately cancel the service with the Customer. The Customer will be liable for any cancellation charges and/or will forfeit any Installation and Activation Fees where applicable; as well as be liable for the Service Fees invoiced for the one month notice period required for cancellation

1. The Customer 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 router;
   2. an inadequate and/or incompatible and/or damaged router;
   3. the distance from the router when connecting to the router over WiFi, especially when streaming or gaming;
   4. the number of connected devices using the Network/Router at the same time;
   5. faults in the Customers network or other attached electronic devices;
   6. faults in other electronic communications networks to which Krypton Web’s internet service is linked;
   7. 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;
   8. bad weather conditions;
   9. other causes of radio interference like nearby/neighbouring routers or electrical power lines.
2. The Customer warrants that they will not use the Service for aggregation and/or resell, lease or offer the Service, or any portion of the service, to any third parties.
3. The Customer warrants and guarantees that all personal information supplied by the Customer to Krypton Web in this Agreement via the Online Order form is true and correct.
4. The Customer acknowledges that Krypton Web holds no liability for Service disruption due to uncontrollable event such as, for example: fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder, vandalism, inter alia; or any other cause beyond the reasonable control of Krypton Web, such as its Third Party Service Providers and hence no claims by the Customer or any other (“third”) party can be brought to Krypton Web due to the unavailability of Service in such cases.
5. Krypton Web warrants to refund the Customer the refundable portion of the Installation and Activation Fee on the completion of the Contract Term provided that the Customer’s account is not in arrears. Any outstanding amounts due to Krypton Web by the Customer will first be deducted from the Installation and Activation Fee and then the balance amount will be refunded. The refund payment will be processed within fifteen Business Days after the Contract Term has lapsed and after the above conditions have been satisfied.
6. Krypton Web is liable to render the Services in accordance with generally accepted norms and standards in the industry often described as a “best effort Service” and to the extent permitted by law all other warranties, whether express or implied, are excluded.
7. Krypton Web shall, under no circumstances, be liable to the Customer for consequential loss or economic loss, howsoever arising; nor be obliged to offer any refund for Service due to the disruption in Service due to maintenance of the FNO fibre network or a break in their Service.
8. Krypton Web will use its best endeavours to notify the Customer in advance of any maintenance, repairs and/or any other Service related issues which may result in the unavailability of Service. The Network Status page on the Krypton Web website www.kryptonweb.co.za, will be used as the primary method of communication for such incidence; failing which updates will be posted on the Krypton Web Twitter account www.twitter.com/KryptonWeb.
9. Krypton Web makes no claim and cannot guarantee the exact coverage of the WiFi coverage and strength of the router as there may be many real world interferences that may affect the quality of the WiFi strength at distances further than 15 meters from the router. In general, our assurance covers that our routers’ signal strength will be above 66% for distances up to 10 meters and through no more than 2 standard interior walls. This could however still be adversely affected by any electrical cables or steel works that may be contained in these walls.
10. Connection speed and Speed test results
    1. Krypton Web cannot be held liable for the non-conformance of Service 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 connection 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.
11. Quality of WiFi connectivity for Smart Devices
    1. 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 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.

1. In the process of making an application for Krypton Web’s Internet services you understand and agree that Krypton Web may credit vet the Customer’s Online Order, if necessary.
2. Furthermore, the Customer agrees that, as and when necessary, Krypton Web may obtain, use, store and/or disclose any personal information provided by the Customer and/or obtained by Krypton Web during the application and vetting process, to third parties solely for the purpose of providing a Service to the Customer.
3. As and when necessary, the Customer consents to Krypton Web using, storing and/or disclosing the Customer’s personal information provided to either credit granters and/or credit bureau and/or banks and/or other financial Institutions in order to ascertain Information relating to the Customer’s 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.
4. As and when necessary, the Customer consents to Krypton Web using, storing and/or disclosing the Customer’s personal information to attorneys and/or debt collection agencies should the Customer be in breach of this Agreement and a debt collection and/or legal or arbitration proceedings are initiated.
5. Krypton Web will not knowingly disclose your personal information to any other person nor institution other than where compelled and/or obliged to do so in terms of the Law of South Arica and/or in terms of a court order.
6. Krypton Web respects the Customers right to the privacy of their information and hence will only facilitate changes to a Customer account such as router password changes, detailed account information, speed/service changes etc. when received via the Customer’s submitted Contact Number and/or Email Address as received on the Online Order.

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 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.

1. The first process in a breach situation will be for a mutual resolution between the Customer and Krypton Web to find an amicable resolution to the breach.
2. In the event of a Customer breaching the terms of this Agreement due to non-payment, on due date or at all, of any amount payable in terms of the said Agreement; or breaching any other provisions of this Agreement and failing to remedy said breach within seven Business Days of delivery of a written notice from Krypton Web; Krypton Web may, in addition to such other rights afforded in this Agreement by written notice to the Customer claim payment of:
   1. all or any amount due by the Customer payable under the Agreement;
   2. all or any other amounts or penalty fees which Krypton Web is entitled to claim under this Agreement;
   3. any damages suffered by Krypton Web;
   4. any interest as described within this Agreement;
   5. any legal costs.
3. In the event of a Customer breaching the terms of this Agreement due to non-payment of Service, and/or where the Customer has not engaged with Krypton Web to reach a mutual agreement in writing to settle any outstanding amounts due to Krypton Web for the Service, Krypton Web will:
   1. notify the Customer in writing before submitting a Service cancellation request to the relevant FNO for the Fibre connection to the Customer at the Installation Address;
   2. cancel the Service provided to the Customer in terms of this Agreement;
   3. bill the Customer for any associated costs brought on by the cancellation of the Service;
   4. not refund of any refundable portion of the Installation and Activation Fee due to the Customer, should this this cancellation of Service fall within the Contract Term.
4. In the event that the Customer fails to remedy their breach after fourteen Business Days after cancellation of Service has passed, Krypton Web will have the right to start debt collection and/or legal or arbitration proceedings against the Customer.
5. In the event where Krypton Web has breached this Agreement in any one or more of its obligations in terms of this Agreement, the Customer shall be entitled to give Krypton Web a written notice within which Krypton Web has seven Business Days to remedy said breach failing which the Customer shall be entitled to suspend and/or cancel the Agreement. In such case where the breach is by Krypton Web and the notice by the Customer is submitted within the Contract Term, the Customer may furthermore claim any previously unpaid refundable portion of the Installation and Activation Fee due to the Customer.
6. 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 economic and/or consequential loss.

1. No agreement varying, altering or cancelling this Agreement shall be valid and binding on the parties unless reduced to writing and agreed upon by both parties.
2. This Agreement and/or all or any Agreement concluded pursuant hereto shall be governed by and construed according to the law of South Africa.

1. The Customer chooses the physical address as per the Online Order; and/or the email address as per the Online Order for the service and delivery of all or any notices and/or legal process arising out of this Agreement.
2. Krypton Web chooses Suite 7, 20 Nourse Avenue, Epping 2, Cape Town, as its respective physical and/or postal address; and/or [email protected] as the email address for the service and delivery of all or any notices, service requests and/or legal process arising out of this Agreement.
3. 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.
4. In the case of any notice sent by post, it must reach its destination before or within the deemed date for cut-off of contention. Postal service delays and/or inefficiencies will not be a valid claim should any posted communication not reach the recipient in time.

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