Fibre Terms & Conditions Agreement Ver 6.2

Current Version: Ver 6.2
Updated: 15 November 2022

1. DEFINITIONS AND INTERPRETATION

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.
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;
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 refence 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. “Claw-back” means the amount billed for the Customer’s account and due to Krypton Web, in the event of a cancellation of Service prior to the end of any Service Term. The Claw-back amount is the associated cost that Krypton Web covers on the Customers’ behalf towards the Installation Cost, and/or any administration fees that may be billed by the FNO, and/or any associated costs due to promotions offered by the ISP;
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 Cost” means the initial and upfront Customer contribution for the Installation in accordance with the applicable Service Term option as selected by the Customer on the Online Order;
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. “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;
30. “Online Order” means the digital order form the Customer completes by filling in the Installation Address, Service 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: kryptonweb.co.za;
31. “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, Service Term and Service Speed, amongst others, by the Customer;
32. “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%);
33. “Re-grading” means the upgrade or downgrade of Service speed from the Customer’s current subscribed service speed;
34. “Service” means the internet data subscription to be rendered by Krypton Web to the Customer, as chosen by the Customer on the Online Order;
35. “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”;
36. “Service Term” means the term in months as selected by the Customer on the Online Order, which commences on the Activation Date and ends after 12 full Calendar Months of Service has been billed for the Customer’s account; and which determines the period for which any Claw-back can be applied;
37. “Supplier” means the place or company from which, especially Hardware, is procured by Krypton Web;
38. “Suspend/Suspension” (with regard to Service) means the temporary cessation in supply of Service to the Customer by Krypton Web;
39. “Terms” means these Terms & Conditions and that can be found at www.kryptonweb.co.za;
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. “VAT” means value added tax, currently levied at a rate of 15%, and as amended from time to time.
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.

2. RECORDAL/RECITAL

The parties wish to regulate the contractual basis upon which the Customer subscribes to the rendering of the Services;
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.

3. INTERNET SERVICE, ORDERING PROCESS & PRICING

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.
The Service supplied by Krypton Web is uncapped, unthrottled and unshaped; and has no FUP/AUP.
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
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 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;
When placed, the Online Order is a not yet a Binding Agreement for Services to be supplied by Krypton Web to the Customer.
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 at such time confirming Krypton Web as the ISP with the FNO, 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, 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.
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.
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 if 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.
The monthly Service Fees as advertised on the Online Order page are correct from the day of order and is valid for the Service Term. 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 Service Term.
Where a Customer may want to Re-Grade their Service during the Service Term, 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

Installation constitutes the physical installation of both the FNO Hardware and/or ISP Hardware.
The Customer shall be liable to pay any 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 will be billed for the Customer’s account.
Installation Cost is subject to the Customer being subscribed to the Service for the Service Term. Should the Customer choose to cancel their Service prior to the end of the Service Term, the Customer will be liable for a Claw-back fee, as well as return the ISP Hardware supplied in an undamaged and working order. Should the Customer not return the ISP Hardware or retuned is in a damaged or non-working order, a billing will be raised for the Customer’s account due to Krypton Web. This specific Claw-back amount will be displayed on the Online Order page and linked to the Customer’s Online Order.
The Installation Cost for orders received from non-South African Customers, those not possessing a South African barcode ID Document, will be subject to a refundable installation fee as per the Online Order. This amount, as specified on the Online Order received from the Customer, will be refunded in full to the Customer at the end of the Service Term.
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.
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, 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.
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 14 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.

5. HARDWARE

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
The ISP Hardware is supplied to the Customer as Free-to-use and will remain the property of Krypton Web until after the 24^th full month of Service is settled, at which point it becomes the property of the Customer
The ISP Hardware is covered by a 12-month guarantee 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.
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.
Should the ISP Hardware become damaged due to Load-shedding or any other electrical power related damaged within the ISP’s 12-month guarantee 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 damage to be from Load-shedding, electrical power or insect infestation related damage and does not repair the unit. In this case the Customer will bear the full price of replacement for a new unit.
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.
The Customer will be liable for costs related to any FNO Hardware that has been removed from the Installation Address.
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.

6. SUBSCRIPTION TO SERVICES

The Customer hereby agrees to subscribe to the Services rendered by Krypton Web commencing on the Activation Date until the end of the Service Term; 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.
Re-grading the Service:
1. Any downward 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 speed Re-grading can be submitted in writing to Krypton Web during the course of the month for effect within three Business Days. Upward speed Re-grading will not be effected within the last 7 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.
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

The Customer will be billed monthly in advance for the Services 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.
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.
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.
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.
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.
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.
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 four Business Days between the date the Customer’s payment clears into Krypton Web’s bank account and/or 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.
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.
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

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.
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.
The cancellation of Service in this regard at the current address, will be subject to the normal cancellation terms and conditions of this Agreement.

9. SUSPENSION OF SERVICES

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.
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.
The suspension of the Service due to nonpayment within any Service Term will not result in any reversal or credit in billing, 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 Service Term has come to its end; or the Customer or Krypton Web chooses to cancel the Service by notifying the other party in writing.
The suspension of the Service due to nonpayment after the end of all Service Terms will not result in any reversal or credit in billing, due to Krypton Web’s commitment to the FNO. Should the amount due not be settled before the end of the month of Service, one additional month of Service billing may be billed accordingly for the Customer’s account on the appropriate billing date.
Notwithstanding anything to the contrary in this Agreement, if the Services are suspended for any of the reasons stipulated above due to nonpayment for a period exceeding thirty days, Krypton Web shall have the right (but not be obliged) to cancel this Agreement by notifying the Customer in writing. The Customer will be liable for any cancellation charges and/or will forfeit any Installation and/or Activation Fees where applicable.

10. CANCELLATION OF SERVICES

Should the Customer wish to cancel this Agreement at any time, the Customer shall need to give Krypton Web one Calendar Months’ written notice.
For Customers wanting to cancel their Service prior to the end of the Service Term, Krypton Web will process a Claw-back billing amount as displayed on the Online Order form for the Customer’s account. The Customer will also be liable to return the Free-to-use router to our offices within 14 Business Days of the Service being cancelled. 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.
For Customers wanting to cancel their Service at the end or after the Service Term, the Customer shall need to give Krypton Web one Calendar Months’ written notice and shall not incur any Claw-back fee. The Customer will also be liable to return the Free-to-use router to our offices within 14 Business Days of the Service being cancelled. Failing to return the ISP Hardware to Krypton Web; or by returning any Hardware in a defective or damaged state within 2 years after the Activation Date due to cancellation of Service; will result in the Customer being billed for the ISP Hardware at the current fair retail price.
The Customer should notify Krypton Web of the state of any FNO Hardware left behind, to safeguard against any claims being raised by the FNO for any missing, damaged or defective FNO Hardware.

11. WARRANTIES & QUALITY STANDARD

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 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 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.
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.
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.
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.
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.
Krypton Web shall, under no circumstances, be liable to the Customer for consequential loss or economic loss, howsoever arising.
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. Our Network Status page on our website kryptonweb.co.za will be used as the primary method of communication for such incidence.
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.
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 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.
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.

12. PERSONAL INFORMATION AND RIGHT TO PRIVACY

In the process of making an application for Krypton Web’s Internet services you understand and agree that Krypton Web may credit vet the Customers Online Order, if necessary.
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.
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.
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.
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.

13. INTEREST

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.
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.

14. BREACH OF AGREEMENT

The first process in a breach situation will be for a mutual arbitration between the Customer and Krypton Web to find an amicable resolution to the breach.
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, Claw-backs 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.
In the event that the Customer fails to remedy their breach by with the seven Business Day period, Krypton Web will have the right to start debt collection and/or legal or arbitration proceedings against the Customer.
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, and claim a refund for prior invoiced Services only for the period of the breach. The Customer may furthermore claim the revocation of the Claw-back amount should they still be with the Service Term.
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.

15. NON-VARIATION & GOVERNING LAWS

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.
This Agreement and/or all or any Agreement concluded pursuant hereto shall be governed by and construed according to the law of South Africa.

16. ADDRESS FOR DELIVERY OF NOTICES AND PROCESS

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.
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.
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.
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.

17. 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.

18. PROMOTIONS

Black Friday 2022 Promo: 15th November 2022 until advertised
1. Black Friday 2022 Promo deals are available to new and existing customers
2. Online Orders placed via the Online Order forms for the Black Friday 2022 Promo are subject to the additional terms as listed on the Online Order form for that specific Black Friday 2022 Promo.
3. Existing customers that place an Online Order for Black Friday 2022 Promo deals will be subject to a new Service Term as per the Black Friday terms with a Claw-Back amount as stipulated for that specific promo ordered. This Claw-back amount and new Service Term will supersede any previous Claw-back and Service Term of any previous Online Order for that Customer.
4. All Octotel services ordered during the Black Friday 2022 Promo will receive double the speed (1000/200Mbps service is excluded) and be upgraded to the next available Octotel package at no extra cost to the Customer, until end February 2023 at which point the speed will revert to the ordered speed as per the Online Order as received by the Customer, in line with the Octotel Double Up Promotion.
5. No speed changes will be allowed until after the first 3 calendar months Service has been completed.
6. Should the customer choose the 0-months (Pure month-to-month) Service Term, no Deal Activation amount will be raised and the Customer will still be eligible for the Black Friday 2022 Promo deal pricing
7. On receipt of your Black Friday 2022 Online Order an invoice for the Deal Activation amount will be raised and emailed to you. Only upon receipt of your Deal Activation payment will your order be processed with the relevant FNO. The Deal Activation amount will be refunded to you in full after your Service Term is completed and paid up (after 12 calendar months paid Service).
8. All installations and activations must be completed before the 4th March 2023 for the Black Friday 2022 Promo deal pricing and free months to apply.
9. Should the Customer not be able to complete their installation and/or activation before the 4th March 2023, their order will then become void; or should the Customer choose to cancel their Black Friday 2022 Promo order with Krypton Web before their order becomes a Binding Agreement; their Deal Activation amount will be refunded to them in full.
10. For new customers the free months on offer are calculated from the first billing day until the corresponding day the following month(s); and in calendar months starting on the 1st of the month for existing customers.
11. Claw-back for existing Krypton Web Fibre customers, excluding existing that may change FNOs, will be reduced by 50% of the advertised rate.
VUMA BF2022VCP Deals
1. Online Orders placed via the Online Order forms for the Black Friday 2022 Promo are subject to the additional terms as listed on the Online Order form for that specific Black Friday 2022 Promo.
2. Valid for new, migrating and reconnecting Customers only.
3. Any speed changes will void the deal Service Fee and effect a reversion to our regular pricing for your new chosen speed.
4. Free months on offer are calculated from the first billing day until the corresponding day the following month, for the first 3 months of Service.
5. Online Orders for this specific Promo closes Monday 28th November at 20h00.
6. Orders received from new customers in existing contracts with other ISPs (migrating customers) will need to confirm their line release with their existing ISP before the 26th November 2022. Krypton Web cannot be held liable for late line release by your existing ISP hence the Customer missing the deal – as Krypton Web can only process your order with Vuma based on an open/released line and Krypton Web has to place this order with Vuma before Monday 28th November at 20h00.

Archived Versions:
Fibre Terms and Conditions Version 5
Fibre Terms and Conditions Version 6
Fibre Terms and Conditions Version 6.1