1. Definitions and Interpretation:
In the Agreement the following words and phrases will have the corresponding meaning, unless the context otherwise requires:
1.1 Agreement: as between you and SKYWORKS Telecoms, these General & Service Terms read together with any terms as stated in the Application and any Service Agreement.
1.2 Authority and Mandate: the authorisation you give to SKYWORKS Telecoms to debit your account monthly, on the selected date, which does not constitute the granting of credit or amount to a credit agreement;
1.3 Application: the online application form accessed on the SKYWORKS Telecoms Portal where you fill-in the required information to order your Product; which when accepted by SKYWORKS Telecoms becomes a binding Service Agreement.
1.4 Acceptable Usage Policy (AUP) between you and SKYWORKS Telecoms is a binding condition governing your acceptable use of SKYWORKS Telecoms Internet Service. The AUP is accessible at https://skyworks.co.za/aup
1.5 Billing Start Date: The Billing Start Date for a Service will be from when the fibre provider hands over fibre services and your internet is active.
1.6 Business Day: every day excluding Saturdays, Sundays and public holidays in RSA.
1.7 Charges: the following charges and any other charges or fees payable by you to SKYWORKS Telecoms in respect of a Service, as set out or referred to in a Service Agreement and revised from time to time
1.7.1 Call Charges: the charges for packet switched telecommunications services;
1.7.1 Once-Off Charges include but are not limited to installation, connection and/or activation charges and are non-recurring charges for the setup of a Service (including installation of any Service Equipment);
1.7.1 Monthly Fee: monthly recurring charges for a Service.
1.8 Contended: multiple users sharing the same network capacity. Contention ratios are based on the individual design of the fibre access network over which the SKYWORKS Telecoms service is delivered.
1.9 Customer Data: technical data (for example the date, time and duration of voice or data transmissions) that is necessary for the establishment, billing or maintenance of the transmission. Regulated Customer Data is that Customer Data of which the use, processing or transfer is regulated by law or regulation as personal data.
1.10 Customer Site or Site: a physical location at which a Service is provided.
1.11 Domicile: the physical address you provide in terms of a proof of address, alternatively per your application form or Authority and Mandate, where you will receive any legal notice.
1.12 Effective Date: in relation to a Service, the date upon which SKYWORKS Telecoms accepts your correctly completed Application, together with any required documentation, which upon acceptance becomes a Service Agreement and you receive an e-mail to this effect.
1.13 Emergency Works: works that are necessary at the time to put an end to, or prevent, the arising of imminent or existing circumstances likely to cause: (i) danger to persons or property; (ii) the interruption of any service provided by the Network or the network generated by a third party; (iii) substantial loss to SKYWORKS Telecoms or any third party; and such other works in those circumstances necessary to execute Emergency Works.
1.14 Force Majeure Event: any cause beyond a Party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, power outages, strike, industrial disputes, embargo, governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or services, and acts or omissions of other providers of telecommunications services.
1.15 SKYWORKS Telecoms Portal: at www.skyworks.co.za/fibre from where you check the availability of the Provider service in your particular location before ordering any Product. SKYWORKS Telecoms can make no warranty as to the accuracy of this resource provided by the Provider.
1.16 Network: the points of presence, network hubs and host computers owned, operated or used by SKYWORKS Telecoms in connection with the provision of a Service.
1.17 Party: SKYWORKS Telecoms or you (per the context), and Parties means both you and SKYWORKS Telecoms.
1.18 Product: any product offered by SKYWORKS Telecoms for Services, whether standalone or bundled with a value add-on product;
1.19 Provider: SKYWORKS Telecoms’ partner last-mile fibre provider either operating in your area or who you select in your Application. All hardware provided by any Provider will remain the property of the Provider into perpetuity.
1.20 Service: the specific service(s) provided by SKYWORKS Telecoms to you and as may be further described in the relevant Service Agreement.
1.21 Service Agreement: an Application and your order for a specific Service to be provided to you by SKYWORKS Telecoms.
1.22 Service Equipment: the hardware, software, systems, cabling and facilities provided by SKYWORKS Telecoms at your Site in order to make the Service available to you. SKYWORKS Telecoms remains the owner of Service Equipment. Service Equipment does not include the Network or any hardware or software that is the subject of a separate supply contract between you and the Provider.
1.23 Uncapped: meaning as set out in you A guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology-guidelines/.
1.14 Unshaped: SKYWORKS Telecoms does not prioritise or differentiate between different classes of traffic or protocols.
1.25 you / your: refers to you, our valued customer, whose details are as supplied to us in your Service Agreement.
1.25.1 Interpretation: Unless the context otherwise requires, a reference to:
1.25.2 Singular may refer to plural, and vice versa, as the case may be;
1.26 A person: includes a reference to a natural or juristic person, as the case may be, including a reference to that person’s legal representatives, successors and permitted assigns.
1.27 A document: is a reference to that document as supplemented or varied from time to time.
1.28 To the extent that goods or services provided in terms of the Agreement are governed by the Consumer Protection Act, then the provision of same is qualified to comply therewith.
1.29 Calendar Month: means the period beginning on and including the first of each calendar month and ending on and including the last day of such calendar month.
1.30 Month-to-Month: The agreement will automatically renew on a monthly basis and such agreement may then be cancelled by providing SKYWORKS Telecoms with a Cancellation Request submitted on a SKYWORKS Cancellation Application Form, with a calendar month notice prior to the date of the service you wish to cancel. Calendar month is not the same as 30 days notice, a full calendar month’s notice is required (not 30 days from notice received).
1.31 Proof of Address (Domicile) the physical address you provide in terms of a proof of address, not older than three (3) months and must be in the form of a lease agreement/rental contract/utility bill or proof of purchase, where you will receive any legal notice.
1.32 Proof of ID: Acceptable proof of Identification is SA Green ID Book, SA ID Card or a Passport. Refugee document, Driver’s License and Asylum Seeker Documentation is not acceptable.
1.33 Wi-Fi: is a wireless networking technology that allows computers and other devices to communicate over a wireless signal and Wi-Fi uses radio frequencies which has limitations when there are electrical and physical interferences.
2. Service Installation
2.1 You will be charged a once off Fibre installation fee, which may differ per Fibre Network provider.
2.2 If you already have fibre installed, then you will only pay for Installation charges levied to SKYWORKS Telecoms by the Fibre Network Provider.
2.3 Installation charges will be paid to SKYWORKS Telecoms in advance, prior to Installation.
2.4 If you should move from one premises to another, full Installation charges will apply and will be paid to SKYWORKS Telecoms in advance of Activation.
Additional Fees
2.5 Termination point relocations – up to 15m (R1500.00)
2.6 Termination point relocations – 16 to 25m (R2500.00)
2.6.1 Termination point relocations – more than 25m (subject to quotation from contractor)
2.6.2 Patch Leads: pricing will be communicated upon request as the fees are dependent on the exchange rate.
3. Service Activation
3.1 You will be charged a once off Activation fee, which may differ per Fibre Network provider.
3.2 Activation charges will be paid to SKYWORKS Telecoms in advance, prior to Installation.
3.3 If you should move from one premises to another, full Activation charges will apply and will be paid to SKYWORKS Telecoms in advance of Activation.
4. Wireless (Wi-Fi) Router
4.1 You will be charged a monthly Wireless Router and/or Range Extender Rental Fee, which may differ according to the Service Agreement Period.
4.2 The Wireless Router(s) and/or Range Extender(s) Rental Fee will be paid monthly in advance to SKYWORKS Telecoms, along with the fibre Internet Service and other related fees.
4.3 The Wireless Router(s) and/or Range Extender(s) remain the property of SKYWORKS Telecoms into perpetuity.
4.4 When the Service Agreement is cancelled or Terminated, you are required to return the Wireless router(s) and/or Range Extender(s) to SKYWORKS Telecoms, failing which, SKYWORKS Telecoms will invoice you for its full replacement value at the time the termination becomes effective (due as stated on the invoice).
5. Service Agreement Application and Acceptance.
5.1 Once you have submitted your Service Agreement Application to SKYWORKS Telecoms, SKYWORKS Telecoms may carry out any appropriate verification checks on you, to which you hereby consent. Once SKYWORKS Telecoms is satisfied with your credit record and accepts your Service Agreement Application, the Service Agreement becomes binding on you.
5.2 Any fibre line ordered by completing our Service Agreement Application Form and then cancelled after acceptance by SKYWORKS Telecoms will be invoiced to you, along with all costs incurred by SKYWORKS Telecoms to order, Install and Activate the fibre line and wireless router.
6. Month-to-Month Service Agreement
6.1 SKYWORKS Telecoms provides Internet Services on the back of a 24-month Service Agreement, a 36-month Service Agreement or on a month-to-month basis.
6.2 Customers that have signed-up for a month-to-month Fibre Internet Service and that cancel their Internet service with SKYWORKS Telecoms during the first 6 months will be invoiced (at cost) for any expenses incurred by SKYWORKS Telecoms to provide the Fibre Internet Service to the Customer during this period. Such costs include, and is not limited to, Wifi Routers, Access Points, UPS units, Trenching, Installation and Activation charges, etc.
6.3 Internet Services on the back of 24-month and 36-month Service Agreements, that have already lapsed, will remain in place and will continue to be invoiced on a month-to-month basis (as per the signed Service Agreement) until the Internet Service is cancelled or terminated.
7. 24-Month Service Agreement
7.1 Go to the SKYWORKS fibre application page www.skyworks.co.za/fibre and Apply for a fibre Internet Service on a (Twenty-Four) 24-month contract term by entering your personal details, then search for coverage in your area. Should fibre coverage be available, you may then complete an Application for Service by entering your details and selecting the fibre Internet Connection speed (product) and the fibre Provider. In cases where there is not a selection of fibre Providers to choose from, SKYWORKS will allocate an available fibre Provider. You will be advised after our receipt of an Application if Service/s can be provided;
7.2 This Agreement shall commence upon the Commencement Date and shall remain in force for an initial term of 24 (Twenty four) months (“Initial Period”) or until terminated as provided for herein.
7.3 The SKYWORKS Telecoms Portal will generate a Service Agreement clearly defining all once-off fees and recurring monthly charges, as applicable.
7.4 By law, you are required to submit your proof of residence as well as a copy of your ID.
7.5 When you complete the Authority and Mandate, you accept the terms of the Service Agreement.
7.6 The Application will go to SKYWORKS Telecoms’ service team, who will review your completed Application. Once accepted by SKYWORKS Telecoms, the Agreement is complete and you will thereafter receive an e-mail containing your copy of the Service Agreement and Debit Order Authority Mandate.
7.7 You pay the cost of the fibre installation, a once off Activation fee, pro-rata of your first month plus one full month’s subscription.
7.8 This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
7.9 SKYWORKS Telecoms’ service team will inform you of the progress of your Service Agreement.
7.9.1 When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination of services, applicable charges will apply as determined by the applicable Fibre Provider and SKYWORKS Telecoms, respectively.
7.10 At the end of the 24 month contract period, the agreement will automatically renew on a monthly basis and such agreement may then be cancelled by providing SKYWORKS Telecoms with a Cancellation Request submitted on a SKYWORKS Cancellation Form, with a calendar month notice prior to the date of the service you wish to cancel. Calendar month is not the same as 30 days notice, a full calendar month’s notice is required (not 30 days from notice received). Applicable cancellation charges will apply as determined by the applicable Fibre Provider and SKYWORKS Telecoms, respectively.
7.11 Our Operations team will process your request and will email you confirmation of the cancellation acceptance.
7.12 If the contract should be cancelled prior to the end of the contracted term, for whatever reason, cancellation charges and a penalty fee will apply as determined by SKYWORKS Telecoms and the applicable Fibre Provider, respectively. Cancellation charges will include, but may not be limited to the following:
7.13 Cancellation fee is calculated as follows:
7.13.1 Early Termination fee
7.13.2 Router fee
7.13.3 Uninstallation fee
7.13.4 Deactivation fee
7.14 If the Service is cancelled within the 1st month of activation then you will be liable for any activation and or installation fee(s) and will be invoiced for same, due as stated on the invoice.
7.15 You pay the cost of the fibre installation, a once off Activation fee, pro-rata of your first month plus one full month’s subscription.
7.16 This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
8. 36-Month Service Agreement
8.1 Go to the SKYWORKS fibre application page www.skyworks.co.za/fibre and Apply for a fibre Internet Service on a (Thirty-six) 36-month contract term by entering your personal details, then search for coverage in your area. Should fibre coverage be available, you may then complete an Application for Service by entering your details and selecting the fibre Internet Connection speed (product) and the fibre Provider. In cases where there is not a selection of fibre Providers to choose from, SKYWORKS will allocate an available fibre Provider. You will be advised after our receipt of an Application if Service/s can be provided;
8.2 This Agreement shall commence upon the Commencement Date and shall remain in force for an initial term of 36 (Thirty-six) months (“Initial Period”) or until terminated as provided for herein.
8.3 The SKYWORKS Telecoms Portal will generate a Service Agreement clearly defining all once-off fees and recurring monthly charges, as applicable.
8.4 By law, you are required to submit your proof of residence as well as a copy of your ID.
8.5 When you complete the Authority and Mandate, you accept the terms of the Service Agreement.
8.6 The Application will go to SKYWORKS Telecoms’ service team, who will review your completed Application. Once accepted by SKYWORKS Telecoms, the Agreement is complete and you will thereafter receive an e-mail containing your copy of the Service Agreement and Debit Order Authority Mandate.
8.7 You pay the cost of the fibre installation, a once off Activation fee, pro-rata of your first month plus one full month’s subscription.
8.8 This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
8.9 SKYWORKS Telecoms’ service team will inform you of the progress of your Service Agreement.
8.9.1 When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination of services, applicable charges will apply as determined by the applicable Fibre Provider and SKYWORKS Telecoms, respectively.
8.10 At the end of the 36 month contract period, the agreement will automatically renew on a monthly basis and such agreement may then be cancelled by providing SKYWORKS Telecoms with a Cancellation Request submitted on a SKYWORKS Cancellation Form, with a calendar month notice prior to the date of the service you wish to cancel. Calendar month is not the same as 30 days notice, a full calendar month’s notice is required (not 30 days from notice received). Applicable cancellation charges will apply as determined by the applicable Fibre Provider and SKYWORKS Telecoms, respectively.
8.11 Our Operations team will process your request and will email you confirmation of the cancellation acceptance.
8.12 If the contract should be cancelled prior to the end of the contracted term, for whatever reason, cancellation charges and a penalty fee will apply as determined by SKYWORKS Telecoms and the applicable Fibre Provider, respectively. Cancellation charges will include, but may not be limited to the following:
8.13 Cancellation fee is calculated as follows:
8.13.1 Early Termination fee
8.13.2 Router fee
8.13.3 Uninstallation fee
8.13.4 Deactivation fee
8.14 If the Service is cancelled within the 1st month of activation then you will be liable for any activation and or installation fee(s) and will be invoiced for same, due as stated on the invoice.
8.15 You pay the cost of the fibre installation, a once off Activation fee, pro-rata of your first month plus one full month’s subscription.
8.16 This Product is charged in advance, with no credit check, and does not amount to an incidental or any kind of credit agreement.
9. Activate Package
9.1 You will be charged an Activation fee in advance of Activation in accordance with the rates setout to SKYWORKS Telecoms by its Fibre Network Service Provider.
9.2 If you should cancel your SKYWORKS Telecoms fibre Service Agreement within the first 12 months of activation, for any reason, then you will be liable for any deactivation and or uninstallation fee(s) and will be invoiced for same, due as stated on the invoice.
10. Service Term
10.1 Unless specified, SKYWORKS Telecoms will provide you with uncontended, uncapped, unshaped access to the Network via a fibre circuit (“Access Circuit”) and the Service Equipment at a SKYWORKS Telecoms Point of Presence (“PoP“).
10.2 Access Circuit: SKYWORKS Telecoms supplies, configures and tests the Access Circuit. Any facilities and extra cabling necessary within the Site are not included in the provision of the Service.
10.3 SKYWORKS Telecoms provides Internet access by transmitting and delivering IP packets between your computer(s) connected on the Network and other networks in accordance with its standard business arrangements with Providers of such other networks.
11. Throughput Rates and IP Access
11.1 Access to, and across, the SKYWORKS Telecoms IP Network is at the maximum throughput rates set forth in the Service Agreement. Maximum throughput rates are not guaranteed.
11.2 Due to the nature of the Internet, SKYWORKS Telecoms can only control IP throughput rates from the user network interface of the Service Equipment to the point of interconnection between the Network and the Internet.
11.3 IP throughput rates may also be reduced by SKYWORKS Telecoms in accordance with its Acceptable Use Policy, which is available to read at https://skyworks.online/aup
12. IP Addresses
12.1 SKYWORKS Telecoms will dynamically assign public IP addresses from SKYWORKS Telecoms allocated blocks. Any IP address allocated by SKYWORKS Telecoms to you remains the property of SKYWORKS Telecoms and you will have a non- transferable license to use such addresses for a limited time. The dynamic IP may change on a 24hr basis.
13. Monitoring
13.1 SKYWORKS Telecoms monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
14. Reporting Service
14.1 SKYWORKS Telecoms may provide usage information in the SKYWORKS Telecoms Portal. The content of any usage information will only be visible to authorised users or authorised SKYWORKS Telecoms employees.
15. Resale of Service
15.1 Resale of the Service is NOT permitted under any circumstance.
15.2 You may NOT resell any capacity on any Network Facilities obtained from SKYWORKS Telecoms or cede or assign its rights to use the fibre Network Facilities, or sublet it, to any other Party.
16. Accuracy of Your Information
16.1 You will provide SKYWORKS Telecoms with accurate and up to date information: (i) when completing the Application; and (ii) when you contact SKYWORKS Telecoms to report a suspected fault and are asked a standard set of structured questions. SKYWORKS Telecoms will not be liable for any loss suffered as a result of your failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or Service repair.
17. Maintenance
17.1 Scheduled maintenance on the SKYWORKS Telecoms Network will be performed during a standard maintenance window as necessary. SKYWORKS Telecoms reserves the right to perform emergency maintenance without prior notice, but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
18. Security
18.1 You acknowledge that the logical and physical security measures in relation to the Services are your sole responsibility and SKYWORKS Telecoms will not be held liable for any losses arising out of security breaches of the Services.
19. Disclaimer
19.1 SKYWORKS Telecoms will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.
20. Service Equipment
20.1 The Service Equipment will be provisioned with a standard configuration in respect of the ordered Service.
20.2 In the event of failure of the Service Equipment, SKYWORKS Telecoms will repair or replace (at its discretion) the Service Equipment where such failure is covered by the SKYWORKS Protection Plan. Where the Service Equipment is replaced, you must return the original Service Equipment to SKYWORKS Telecoms.
20.3 You accept liability for any costs incurred by SKYWORKS Telecoms as a result of repair or replacement of Service Equipment where the Service Equipment failure was caused by your use, misuse or changes to the Service Equipment, other than as previously agreed to in writing by SKYWORKS Telecoms.
20.4 You shall be held liable for any damage or loss of any terminal equipment (router/ONT/CPE) the cost of which will be obtained directly from the Fibre operator and billed to you.
20.5 You will be liable to reimburse SKYWORKS Telecoms for the cost of the SKYWORKS Telecoms or Fibre Network Operator Equipment, should you not return all the Equipment to SKYWORKs Telecoms within 1 (one) week of termination of the relevant SKYWORKS Telecoms Service Agreement.
20.6 SKYWORKS Telecoms Equipment shall be reasonably suitable for the purpose for which it was generally intended, of good quality, in good working order, free of defects and usable and durable for a reasonable period of time.
20.7 In the event of any SKYWORKS Telecoms, or Fibre Network Operator Equipment not functioning in accordance its intended purpose, SKYWORKS Telecoms or the Fibre Network Operator shall replace or repair such Equipment within 10 (ten) days of identifying equipment failure.
20.8 SKYWORKS Telecoms will not be obliged to replace or repair Fibre Service Equipment if any damage to, or malfunction in, the Equipment is caused, directly or indirectly, by your conduct.
21. SKYWORKS Telecoms Obligations
21.1 In performing its obligations under the Agreement, SKYWORKS Telecoms will at all times exercise the reasonable skill and care of a competent provider of internet-related services.
21.2 SKYWORKS Telecoms will use reasonable endeavours to ensure that each Service will conform to its service terms.
21.3 With respect to the provision of a Service or otherwise, except as expressly set out in the Agreement, all warranties, representations, or undertakings, are excluded.
22. Your Obligations
22.1 You will provide SKYWORKS Telecoms with such facilities and information as SKYWORKS Telecoms may reasonably require to enable it to perform its obligations or exercise its rights under the Agreement.
22.2 You warrant and undertake that you will:
22.3 use the Service Equipment only for the purpose of receiving the Service;
22.4 not move, modify, relocate or in any way interfere with the Service Equipment;
22.5 insure and keep insured all Service Equipment installed at the Customer Site against theft and damage;
22.6 not create or allow any charges, liens, pledges or other encumbrances to be created over the Service Equipment;
22.7 upon termination of a Service, return the Free-to-Use SKYWORKS Telecoms router (being the equipment) belonging to SKYWORKS Telecoms in terms of the Agreement to SKYWORKS Telecoms.
22.8 You may not use the Services for any illegal or immoral purpose and you will abide by the current version of the SKYWORKS Telecoms Acceptable Use Policy. https://skyworks.online/aup
23. Charges and Payment terms
23.1 You will pay Rental Charges and/or Monthly Fees to SKYWORKS Telecoms in accordance with this clause 21, monthly in advance.
23.2 Service(s) provided for part of a month will be charged on a pro-rata basis.
23.3 Once-Off Charges include Installation Fees and Activation Fees.
23.4 Billing start date will commence the day of collection or delivery of the SKYWORKS Telecoms WiFi router.
23.5 Any invoice for Charges will be due on issue of the invoice and must be paid by way of a debit order against the account details provided by you in the Authority and Debit Order Mandate or Debicheck Mandate.
23.6 The initial debit order will be for any Once-Off Charges, pro-rata of your first month plus one Monthly Fee in advance.
23.7 In the event that a debit order is not honoured, interest shall accrue on any overdue invoice from the due date until payment at a rate of 2% per month;
23.8 In the event that a debit order is not honoured on more than one occasion, you agree to autorise payments to SKYWORKS Telecoms via a Debicheck Mandate.
23.9 Where a debit order is returned for whatever reason, you will be charged a penalty fee of R120.
23.10 Should the outstanding amount remain unpaid after 1 day from the date of debit order, EFT or Debicheck mandate, then SKYWORKS Telecoms will suspend your Services.
23,11 SKYWORKS Telecoms may immediately suspend the supply of Services to you if you commit any act of insolvency.
23.12 If Services are suspended, the full outstanding balance becomes due and payable immediately including the cancellation notice period.
23.13 If overdue amounts, penalty fees and administration fees are paid in full, Services may be re-activated; an activation fee may apply.
23.14 If you wish to dispute any invoice or part of an invoice falling due you must deliver a notice in writing to accounts@skyworks.co.za setting out the nature of the dispute, including: (i) date and number of disputed invoice; (ii) amount in dispute; (iii) reason for dispute; and (iv) supporting documentation, as appropriate.
23.15 Fibre lines that have been suspended for non-payment will be cancelled with the Provider after 30 days, and you shall be notified thereof beforehand.
23.16 Any reactivation after this 30-day period is at a fee determined by the Fibre network operator.
23.17 In the event of any non-payment in excess of 30 days, in addition to negatively listing your details with any credit bureau, SKYWORKS Telecoms may submit such overdue amount for collection. Any and all costs incurred to recover due fees will be billed additionally to your account.
Any and all costs incurred as such will be for your account.
23.18 You agree that if there is an unfavourable change in the applicable Fibre Network Provider fees, government levies, regulatory charge or similar statutory charges resulting in increased costs to SKYWORKS Telecoms, then such increased costs shall be passed on to you in full.
23.19 SKYWORKS Telecoms shall be entitled to make changes to prices upon at least 1 (one) month’s written notice to you of such revised price list or revised terms. During the notice period relating to any such termination, the ruling prices and conditions shall apply.
23.20 All quoted prices and fees are exclusive of VAT and other taxes and are quoted in South African Rands (“ZAR”) unless otherwise specified.
23.21 All payments, including VAT, shall be paid via Debit Order Authorization (Mandate) into SKYWORKS Telecoms’ designated bank account without deduction or withholding of whatsoever nature.
24. Service Suspension
24.1 At its sole discretion and without prejudice to any right which it might have to terminate a Service and/or this Agreement, SKYWORKS Telecoms may elect to immediately suspend the provision of a Service (or part thereof) if SKYWORKS Telecoms:
24.1.1 has reasonable grounds to consider it is entitled to terminate the Service and/or this Agreement.
24.1.2 is obliged to comply with an order, instruction or request of a court, government agency, emergency service or other administrative or regulatory authority;
24.1.3 needs to carry out Emergency Works to the Network or Service Equipment;
24.1.4 has reasonable grounds to consider that the Service is being used fraudulently or illegally or in violation of its Acceptable and/or Fair Use Policies; SKYWORKS Telecoms Acceptable Use Policy (AUP) is available at https://skyworks.co.za/aup
24.2 You shall not be entitled to withhold payment of any fees for any reason; if you fail to make payment of any fees on the due date your fibre Internet connection will be suspended until payment has been received in full.
24.3 You acknowledge and accept that you will continue to be for your fibre Internet connection throughout the suspension because of non-payment period.
24.4 If SKYWORKS Telecoms exercises its right to suspend the Service (or part thereof) it will, whenever reasonably practicable, give prior notice of such suspension to you, setting out the reasons for the suspension. SKYWORKS Telecoms will use all reasonable endeavours to resume the Service as soon as is practically possible.
24.5 If the Service (or part thereof) is suspended as a consequence of your breach, fault, act or omission, you shall pay to SKYWORKS Telecoms all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service.
24.6 SKYWORKS Telecoms will not be liable for any loss, damage or inconvenience suffered by you as a result of any suspension, except to the extent that such suspension is made for reasons which are solely and directly attributable to the negligence of SKYWORKS Telecoms and then only to the maximum amount of Charges that would otherwise have been charged for the duration of the suspension.
25. Term and Termination
25.1 These General and Terms take effect in respect of each Service, from the Effective Date of each Service Agreement.
25.2 To downgrade any Service package (changing your existing package to a lower-cost package), you Apply for permission to downgrade in writing via an email to office@skyworks.co.za and provide notice of to this effect of 1 Full calendar month.
25.3 Customers who have subscribed on a Month-to-Month Service term and customers whose 24-month or 36-month Service Agreement term (contract period) have expired may terminate the Service Agreement at any time by giving SKYWORKS Telecoms 1 FULL calendar month’s notice (not 30 days). All cancellations must be submitted in writing by submitting the SKYWORKS Telecoms online cancellation form. Our Admin team will process your request and if approved will email you confirmation of the cancellation acceptance.
25.4 You may terminate the agreement immediately by notice if SKYWORKS Telecoms has committed a material breach which is incapable of remedy.
25.5 You may terminate the agreement immediately by notice if SKYWORKS Telecoms has committed a material breach capable of remedy, but which it fails to remedy within seven (7) Business Days of having been notified of such breach; or
25.6 You may terminate the agreement immediately by notice, if a Force Majeure Event subsists for a continuous period exceeding 2 months.
25.7 SKYWORKS Telecoms may terminate the Agreement (or a specific Service Agreement) immediately by notice if the Service provided for home/personal use is being utilised by you for other , or for business purposes.
25.8 If SKYWORKS Telecoms has reasonable grounds to believe that there has been a violation of its Acceptable Use Policies, SKYWORKS Telecoms may notify you and require you to remedy the violation; in the event of an incident involving a violation of public law or regulation or an imminent threat to the Network, immediately; or in all other cases, within 48 hours. If you fail to notify SKYWORKS Telecoms that such a remedy has been effected in accordance with this clause or if SKYWORKS Telecoms reasonably determines that the violation is continuing or is likely to occur again, SKYWORKS Telecoms may terminate this Agreement (or relevant Service) immediately upon notice to you.
25.9 SKYWORKS Telecoms may terminate the Agreement (or the relevant Service Agreement) without notice if you fail to make any payment within 30 days of the amount becoming due.
25.10 Upon termination of the Agreement any accrued Charges not yet invoiced will become due and payable immediately on receipt of an invoice.
25.11 If the Service Agreement is cancelled by you before the Fibre line is installed, then you will be liable for installation charges if work has been carried out by the fibre Provider and or contractor.
25.12 If your Month-to-Month Service Agreement is cancelled before 12 months have lapsed, an early termination Penalty Fee of R850 will be paid by you to cover SKYWORKS Telecoms administrative costs, as well as costs incurred to recover and test any equipment such as WiFi router installed at your premises.
25.13 If your 24-Month or 36-Month Service Agreement is cancelled before the service term has lapsed, for any reason, an early termination Penalty Fee consisteing of the following will be paid immediately on termination:
25.14 25% of the Total Service Fee that would have been paid to SKYWORKS Telecoms for the remainder of your Service Agreement (with a minimum amount of R2,500)
25.15 R850 for administrative costs, and costs incurred by SKYWORKLS Telecoms to recover and test any equipment such as WiFi router installed at your premises.
25.16 You or SKYWORKS Telecoms may terminate this Agreement with immediate effect if the other Party becomes insolvent or bankrupt, is subject to a winding up proceeding, has a trustee appointed, contemplates business rescue proceedings, is dissolved or in the process of dissolution, makes any arrangement for the benefit of creditors, or initiates or becomes subject to any other form of insolvency proceeding.
25.17 Each Party undertakes to notify the other Party hereto within 24 (twenty four) hours of first contemplating business rescue proceedings.
25.18 SKYWORKS Telecoms may, on written notice to you and without prejudice to any right which it might have to terminate this Agreement, elect to suspend the provision of the Fibre Service (or part thereof) in any of the following circumstances on the giving of reasonable notice:
25.19 SKYWORKS Telecoms is obliged to comply with an order, instruction or request of a court, government agency, emergency service organisation or other administrative or regulatory authority, or is otherwise prevented from providing the Network Service by Applicable Law;
25.20 SKYWORKS Telecoms has reasonable grounds to consider that the Fibre Service is being abused or used fraudulently or illegally;
25.20.1 You fail to pay any amount due by it in terms of this Agreement, by the due date;
25.20.2 Your account is continuously in arrears or you are not able to make any payment which is due or is to fall due to SKYWORKS Telecoms hereunder; or
25.20.3 It is necessary to suspend the Fibre Service in order for SKYWORKS Telecoms or any Third Party to carry out emergency works, maintenance works or to protect the integrity of the Network;
25.21 The “reasonable” criteria for the notice, shall be determined by SKYWORKS Telecoms having regard to the relevant circumstances.
25.22 If SKYWORKS Telecoms exercises its right to suspend the Service (or part thereof) pursuant to this clause 24, it shall, whenever reasonably practicable, give prior notice of such suspension to you, such notice to state the grounds of such suspension and its expected duration.
25.23 SKYWORKS Telecoms shall not be liable for any loss, damage or inconvenience suffered by you as a result of any suspension made pursuant to the terms of this clause 24.
25.24 The exercise of SKYWORKS Telecoms’ right to suspend the Fibre Service under this clause 24 is without prejudice to any other remedy available to SKYWORKS Telecoms under the Agreement and does not constitute a waiver or derogation of SKYWORKS Telecoms’ right to subsequently terminate the Agreement.
25.25 SKYWORKS Telecoms may terminate this Agreement with immediate effect on written notice thereof to you and without prejudice to its rights to claim damages from you, if:
25.25.1 You have not paid all or any fees on the due date, provided that SKYWORKS Telecoms shall give you at least 2 (two) days’ advance written notice to make payment before terminating this Agreement;
25.25.2 SKYWORKS Telecoms ceases to have rights in and to the Fibre Network or Fibre Service due to any termination of such rights for whatever reason;
25.25.3 You have contravened any notices or rules communicated by SKYWORKS Telecoms to you from time to time relating to the use of, access to, or security measures relating to the Subscriber Services;
25.25.4 you have contravened any Applicable Laws;
25.25.5 SKYWORKS Telecoms determines that you and/or any Subscriber has engaged in conduct that has caused or may cause damage to SKYWORKS Telecoms’ facilities, the Network Facilities or any Third Party’s network or facilities;
25.25.6 SKYWORKS Telecoms receives any direction, notification or instruction from the Authority to suspend or terminate the provision of the services to you and/ or Subscribers or generally;
25.25.7 SKYWORKS Telecoms determines that you have provided information to SKYWORKS Telecoms that is found to be false, inaccurate, or misleading where you were aware that such information was false, inaccurate or misleading; and/or
25.25.8 SKYWORKS Telecoms determines that you breached the Confidentiality and/ or Intellectual Property Rights and/or Good Faith, Anti-Bribery and Corruption provisions of this Agreement.
25.26 Should any Party (the “Defaulting Party”) commit a breach of any of the provisions of this Agreement, then the other Party (the “Aggrieved Party”) shall be obliged to give the Defaulting Party 7 (seven) business day’s written notice (or such longer period as the Aggrieved Party may specify), to remedy the breach. If the Defaulting Party fails to comply with such notice, the Aggrieved Party shall, without prejudice to the Aggrieved Party’s rights to claim damages or such other rights it may have at law or in terms of this Agreement, be entitled to cancel this Agreement;
25.27 Your Cancellation (Early Service Agreement Termination) application may be approved or rejected in SKYWORKS Telecoms’ sole and unfettered discretion.
25.28 Should the early release not be accepted by SKYWORKS Telecoms, you will be liable to SKYWORKS Telecoms for any pro rata payments applicable, until expiration of the Service Agreement contract period, according to the provisions of this Clause 24.
25.29 Any and all charges, fees and expenses for use of the Fibre Service up to and including the date of termination and all other amounts owing by you to SKYWORKS Telecoms will become immediately due and payable on termination of this Agreement for whatsoever reason.
25.30 Termination of this Agreement in whole or in part, howsoever caused, shall not affect the rights of the Parties which have accrued prior to the date of termination of this Agreement.
25.31 SKYWORKS Telecoms shall not be liable to you nor to any Third Party for any loss resulting from or in connection with the termination of this Agreement, for whatever reason.
25.32 You shall, in connection with the termination of this Agreement, return to SKYWORKS Telecoms all equipment installed at your premises to provide fibre network connectivity and Internet usage.
26. Liability
26.1 You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under the Agreement is solely limited to the amount paid for such Service(s).
26.2 SKYWORKS Telecoms, our contractors and our Fibre Network Providers will not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
26.3 SKYWORKS Telecoms is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and SKYWORKS Telecoms will have no liability as to the quality, content or accuracy of information received through or as a result of the use of the Services.
26.4 SKYWORKS Telecoms will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.
27. Force Majeure
27.1 For purposes of this Agreement, the term “Force Majeure” shall mean any event or circumstance, other than a lack of funds required for payment, which is not within the reasonable control of a SKYWORKS Telecoms, including, but not limited to, theft, war or civil war (whether declared or undeclared, including the serious threat of same) or armed conflict, invasion and acts of foreign enemies, riots, sabotage, blockades and embargos, civil unrest, commotion or rebellion, any act or credible threat of terrorism, any act of God, earthquake, flood, extraordinary storm, nuclear, chemical or biological contamination or explosion, plague, epidemic, pandemic, damage to SKYWORKS Telecoms and/or its Service Provider’s Internet Infrastructure or network, any act of any authority (including delaying or refusing of licenses, and/or restrictions on construction work), explosion, fire, industrial unrest, failure of any power or utility supplies (including electronic communications) and acts or omissions of other providers of electronic communication services.
27.2 Notwithstanding anything herein to the contrary, neither SKYWORKS Telecoms, its Fibre Internet Services Providers and Contractors shall not be liable to you for any delay, failure in performance of any part of this Agreement or damages suffered to the extent that such delay or failure is attributable to a Force Majeure Event.
27.3 If Skyworks Telecoms or any of its Fibre and Internet Services Providers are rendered unable, in whole or in part, by an event of Force Majeure to perform or comply with any obligation or condition of this Agreement, such obligation or condition shall be suspended to the extent and for the duration of the continuance of the inability so caused and you shall be relieved of any liability during such period, provided that the event of Force Majeure will not operate to suspend your obligation to make payment if such payment becomes due and payable for services rendered in terms of this Agreement.
27.4 Skyworks Telecoms will notify you in writing, as soon as reasonably possible, specifying the effect of the Force Majeure event on the performance of its obligations under this Agreement to your reasonable satisfaction, and furthermore advise what steps the Skyworks Telecoms will take to rectify the situation and resume the performance of such obligations. Skyworks Telecoms shall use all reasonable endeavours and employ all reasonable means to overcome or abate the event of Force Majeure as quickly as possible.
27.5 Upon the termination of the event of the Force Majeure, SKYWORKS Telecoms shall immediately notify you of such termination and resume performance of its obligations.
27.6 If, as a result of an event of Force Majeure, the performance by SKYWORKS Telecoms of some but not all of its obligations under this Agreement is affected, you shall remain liable for the performance of those obligations not adversely or materially affected by such event of Force Majeure.
27.7 If the event of Force Majeure continues for a period of 30 (thirty) days or longer, then either you or SKYWORKS Telecoms may, at the expiry of such period, provided that the event of Force Majeure is still subsisting, give notice in writing to the other terminating this Agreement with the required notice period.
28. Intellectual Property
28.1 You acknowledge that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wherever enforceable, which are used in connection with the Service and/or Service Equipment, will remain the sole property of SKYWORKS Telecoms, its contractors or suppliers.
29. RICA
29.1 You a acknowledge and accept that SKYWORKS Telecoms is legally obligated to comply with the RICA act, specifically section 39 thereof, and must co operate with and pass on all relevant customer information to its Fibre Network Operators as and when required, to enable The Fibre Network Operators to provide required services to you.
29.2 You will submit the relevant RICA documentation to SKYWORKS Telecoms before the Fibre Internet Connection is activated. You acknowledge and agree that your failure to provide the required RICA documentation in time will result in suspension of your fibre service and you accept to pay the full service fee whilst the service is suspended.
30. Customer Data and Privacy
30.1 You acknowledge that SKYWORKS Telecoms and our respective subcontractors will, by virtue of the provision of Services, come into possession of Customer Data.
30.2 SKYWORKS Telecoms has implemented and maintains appropriate technical and organisational measures to protect Customer Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
30.3 SKYWORKS Telecoms and its respective subcontractors may use or process Customer Data:
30.3.1 in connection with the provision of Services;
30.3.2 to incorporate Customer Data into databases controlled by SKYWORKS Telecoms for the purpose of administration, provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, support and product development, fraud detection and prevention, sales, revenue and customer analysis and reporting, market and customer-use analysis, and
30.3.3 to communicate to you by voice, letter, fax or email regarding products and services of SKYWORKS Telecoms.
30.4 You acknowledge and agree that SKYWORKS Telecoms and its respective subcontractors may use and/or Process data and/or Personal Information:
30.4.1 in connection with and for the purpose of delivering the services;
30.4.2 to incorporate Personal Information into databases controlled by SKYWORKS Telecoms for the purpose of administration, provisioning, billing and reconciliation, verification of Subscriber identity, maintenance, support and SKYWORKS Telecoms’ product development; and
30.4.3 to audit SKYWORKS Telecoms’ compliance with RICA, to the extent applicable.
30.5 You agree to the Processing of data and Personal Information by SKYWORKS Telecoms and its subcontractors and Fibre Service Providers.
30.6 You consent to SKYWORKS Telecoms transferring the Subscriber’s Personal Information to outsourced information technology service providers or to another country for legitimate purposes, including the use of cloud based solutions. The Subscriber must further consent to the storage of the Subscriber’s Personal Information outside of the borders of the Republic of South Africa, to the extent required and as may be applicable.
30.7 You consent and give permission for the use, processing and transfer of Personal Information and data as described in this clause 29 and for data belonging to any Third Party as may be applicable.
30.8 Notwithstanding the foregoing, SKYWORKS Telecoms, its Sub-Contractors and its Fibre Service Providers shall comply with all provisions of POPIA relating to the Processing of Personal Information. Failure to comply with POPIA or any of the provisions of this clause 29 shall be deemed to constitute a material breach of this Agreement and shall entitle you to immediately terminate this Agreement.
30.9 SKYWORKS Telecoms and its Service Providers shall use Personal Information only for purposes relating directly to this Agreement.
30.10 All Personal Information shared by you during the subsistence of this Agreement shall constitute Confidential Information and as such, the SKYWORKS Telecoms shall comply with all the confidentiality provisions contained in this Agreement, and shall not disclose any Personal Information to any Third Party without your prior consent.
30.11 If you have reasonable grounds to suspect or believe that your Personal Information has been lost or damaged, or accessed or acquired by an unauthorised person, you shall immediately notify SKYWORKS Telecoms, and shall comply with any reasonable instructions and/or directives which SKYWORKS Telecoms may issue in the event of any such circumstances.
31. Passwords
31.1 You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for any unauthorised use of the Services, including any resultant damages resulting, until you notify SKYWORKS Telecoms.
31.2 The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on SKYWORKS Telecoms.
32. Subcontractors
32.1 You acknowledge and agree that SKYWORKS Telecoms has the right to use subcontractors at its sole discretion to meet its obligations under this Agreement.
33. General
33.1 No Waiver: Failure or delay by either Party to exercise or enforce any right or benefit conferred by the Agreement shall not be deemed to be a waiver of any such right or benefit nor operate so as to bar the exercise or enforcement thereof or of any other right or benefit on any later occasion.
33.2 Variation: This Agreement (or any part thereof) shall be modified only by the written agreement of the Parties.
33.3 Entire Agreement: The Agreement (being these General Terms and all terms under active Service Agreement Forms) sets out the entire agreement between SKYWORKS Telecoms and you, superseding all prior or contemporaneous representations, agreements or understandings concerning the subject matter addressed herein.
33.4 Survival: Termination of this Agreement shall not affect a clause that necessarily or by its context requires survival of these General Terms.
33.5 Testing over Wi-Fi: The service is a best effort Broadband service, SKYWORKS Telecoms endeavours to ensure you are receiving optimal speeds while connected via the ONT over LAN cable. The SKYWORKS Telecoms router has Wi-Fi capabilities that delivers the bandwidth to your home over a dual band frequency (this being 2.4GHZ and 5GHZ), do bear in mind that Wi-Fi has its limits due factors that interfere with Wi-Fi which is outside or SKYWORKS Telecoms’ control.
33.6 Should you suspect your line is not stable over the Fibre, please conduct a speed test directly over LAN cable and not Wi-Fi, and ensure the following:
33.6.1 Disable all devices connected to the router. This includes, VOIP phones, Tablets, cell phones, smart TVs etc.
33.6.2 Plug the router directly into the provider’s CPE or ONT via the LAN/Ethernet cable into your computer (Note your computer CPU usage must not be over utilized when conducting the test).
33.6.3 Please do a speed test http://www.speedtest.net
33.6.4 Conduct the speed test.
33.6.5 Should you be getting less than the speed the signed up for via LAN, please send screen shots of the testing to support@skyworks.co.za or call 0100 555 111 and the technical team will assist you accordingly.
34. Acceptable Usage Policy (AUP)
34.1 SKYWORKS Telecoms Acceptable Usage Policy (AUP) is part of the Terms and Conditions of this Service Agreement. Acceptance of this Service Agreement is an acceptance of SKYWORKS Telecoms’ Acceptable Usage Policy (AUP).
34.2 By accessing the SKYWORKS Telecoms website, or by contracting with SKYWORKS Telecoms for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with SKYWORKS Telecoms Internet services/websites.
34.3 The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to customers and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.
34.4 The AUP policy contains several legal obligations which you are obligated to be familiar with.
29.2 SKYWORKS selects as its domicilia citandi et executandi the physical addresses, and email addresses as specified below for the purposes of giving or sending any notice provided for or required under this Agreement.
Physical Address (address changed Jan 2023):
No. 4 Zelda Place, Reyno Ridge, Emalahleni, South Africa.
Email:
admin@SKYWORKS.co.za
29.3 Provided that a Party may change its domicilium or its address for the purposes of notices to any other physical address or telefax number by written notice to the other Party to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change.
29.4 All notices to be given in terms of this Agreement will be given in writing and will:
29.4.1 be delivered by hand or sent via email;
29.4.2 if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and
29.4.3 if sent via email during business hours, be presumed to have been received on the date of successful transmission of the email. Any email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day.
29.5 Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause 29.
30. APPLICABLE LAW AND JURISDICTION
30.1 This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.