Unlimited Uncapped Fibre (ll.linkup.v2) / Unlimited Uncapped Fibre (ll.linkup.promo2020)
TO BE READ IN CONJUNCTION WITH THE GENERAL TERMS AND CONDITIONS. WHERE ANY DISCREPANCY OCCURS, THE PROVISIONS OF THESE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY. -
*Definitions.
*”Agreement” shall mean these terms and conditions together with all schedules, and documents attached to these terms and conditions, as well as amendments that may be made to these terms and conditions as per our General Terms and Conditions.
*The Subscriber is the person or entity subscribing to the services also referred to as the Customer. *The Service Provider is Link-Up Wireless PTY LTD from whom the Subscriber receives the products and services.
*Subscription Package is the internet service the customer has subscribed to.
*Term Contract is Contractual Subscription over the specified term and may or may not include Installation and Customer Premises Equipment. *Customer Premises Equipment, hereafter referred to as “CPE” refers to any Router, Electronic Equipment, Network Equipment, hardware, consumables and accessories installed at the Customers Premises.
*Free-to-Use refers to CPE equipment which the subscriber may use during the subscription term and which remain the property the service provider to be returned at the end of the term
*Quality of service, hereafter referred to as QOS is the overall performance and Uptime of the Linkup Wireless network and/or any other 3rd party network which is utilized to provide the subscriber with internet connectivity. It specifically refers to the performance seen by the subscriber or end-user of the network.
*Best-effort delivery describes a network internet service in which the Service Provider does not provide any guarantees that data is delivered without interruption or that a user is given a guaranteed quality of service or a certain priority.
*Service Provider Router Is the electronic device “router” that connects the subscriber to the service providers network. The device comes in many forms and its main objective is to link the subscriber to the services providers network.
*”Deposit is the non-refundable amount which is to be paid before installation and/or activation of services will commence.
*”Pro-Rata Subscription” is the payment needed in advance for the activation of the Subscription Package for the remainder of the month, between the date of activation and the next billing run.
1. Duration
1.1 This Agreement will start on the activation date and, subject to the terms and conditions of this agreement shall continue on a month-to-month basis.
1.2 Cancellation may be requested at any time by giving a full calendar months’ notice via email to support@link-up.co.za. Where a the Free Installation & Free Router Promo apply, the cancellation fee will be R3500.00 should cancellation be requested within the first 12 months. Where a Free Transfer & Activation Promo apply, the cancellation fee will be R1200.00 should cancellation be requested within the first 12 months. Furthermore, you will be subject to payment of amounts outstanding to the service provider, including, but not limited to, Charges for removal and/or recovery of Customer Premises equipment and/or replacement of damaged Customer Premises equipment and /or replacement of unrecoverable customers premises equipment, will also be added to the cancellation cost.
2. Charges and Payment
2.1 We do not extend credit on installation or subscription packages.
2.2 You will be required to pay installation charges and/or deposit and/or Pro-Rata on the selected internet package as invoiced or quoted before any services will be installed or activated.
2.3 Subscription packages are billed in advance and payment is due on the 1st business day of every month to be collected electronically via debit order as per the debit order mandate the subscriber agreed to.
2.4. Invoices and statements are sent electronically once a month to the email address that you provided.
2.5 Despite the Service Provider being entitled to suspend the Subscription Services to the subscriber until the arrears amounts are paid in full, we shall be under no obligation to do so, and, should any additional charges arise, you shall remain liable to pay these charges.
2.6 Failure to honor the terms of payment will result in immediate suspension of services and constitutes breach of the terms of the agreement.
2.7. The subscriber will remain liable for the subscription package for each and every month regardless of whether the services are suspended, due to non-payment.
3. Customer Premises equipment
3.1 From the moment the subscriber takes possession of the “CPE” by ways of collection, delivery or installation, the subscriber will be responsible for and liable for all risk in and to the CPE which will include but is not limited to loss, damage, accidental damage, water damage, lightning damage, power surge damage, theft and unauthorised use of the CPE subject to any applicable warranty provided with such CPE or imposed by operation of law; and
3.2 Where Free Wi-Fi router/s are supplied as part of the term contract the Wi-Fi router will remain the property of the Service Provider for the duration of the term contract. Should the contract be terminated before the term contract is completed the Wi-Fi router will remain the property of the Service Provider. The router will become the property of the subscriber after the term contract has been completed
3.3 The Subscriber is responsible for the replacement of the CPE, the service provider strongly advises the Subscriber the cover the CPE equipment with their insurance company. The standard value for Re-Installation and CPE is R5000, however you should request a valuation from the Service Provider to confirm the replacement value of the CPE.
3.4 The Service Provider Router carries a 6 Month onsite warranty (to the Supplier’s premises),
3.4.1. The warranty is only applicable to the Service Provider Router and not to other equipment accessories and additional materials,
3.4.2. The warranty period starts from the date of activation, which forms part of the installation process,
3.4.3. This warranty is contingent upon the proper installation of the product by a Link-Up Wireless Installer and the suitable application and use of the CPE,
3.4.4. This Warranty does not include any field travel and may be void if the product is subjected to damage, abuse, misuse, alteration, neglect or has been tampered with, repaired or installed by unauthorized persons,
3.4.5. Physical damage, lightning, power surge, fire and theft are not covered under the warranty. The subscriber is responsible for the replacement of the Service Provider Router, labour and travel in this regard.
3.5 IT IS IMPORTANT TO TAKE NOTE THE SUBSCRIBER WILL REMAIN LIABLE FOR THE MONTHLY SUBSCRIPTION PACKAGE and TERM CONTRACT WHETHER OR NOT, but not limited to, THE CPE being OUT OF ORDER, UNDER REPAIR, DAMAGED, STOLEN or HAVE ELECTRICAL POWER SUPPLY TO IT.
3.6 THE SUBSCRIBER SHOULD NOTIFY SERVICE PROVIDER IMMEDIATELY SHOULD THEY BECOME AWARE THAT THE EQUIPMENT IS OUT OF ORDER, DAMAGED, STOLEN OR WITHOUT POWER.
3.7 The subscriber may only use the Service Provider Router on the Service Provider`s network and may not access the Service Provider router or change any settings on the service provider router during the Term Contract Period. The CPE may not be moved from its installed location by the subscriber or any third party, doing the service provider may hold the subscriber liable for the replacement, repair or reconfiguration.
3.8. Should you fail to meet any payment obligations, as the case may be, the Service Provider shall be entitled to prevent further use of the CPE and the subscriber indemnify the Service provider in respect of any claim whatsoever arising from the Service Provider exercising its rights in terms thereof.
4. Quality of Service
4.1 All services are provided as best effort and we do not provide up-time guarantees except when specific service level agreements are signed.
4.2 We do not guarantee upload or download speeds.
4.3 We advertise the maximum available speeds based on testing under optimal circumstances using high quality equipment.
4.4 There are too many factors beyond our control which influences upload and download speeds for us to provide any guarantee.
4.5 It is our highest priority to ensure our customers can access services uninterrupted, we en-devour to resolve downtime in a timely manner.
4.6 In some circumstances downtime is caused by third parties or upstream provider networks over which we have no control.
5. Suspension and Disconnection.
5.1 The Service Provider may from time to time, by giving you advanced notice where reasonably practicable and dependant on the circumstances, suspend the Services or Disconnect your Service Provider Router from the network for a period to be determined by the Service Provider, in any one of the following circumstances.
5.1.1 During technical failure, modification or maintenance of the network.
5.1.2 If you fail to comply with any of the terms and conditions of this agreement.
5.1.3 If so directed by Regulatory Authority.
5.1.4 In any other instance specifically provided for in this agreement, and in such event, the provisions made in the general terms and conditions pertaining to, but not limited to, liability, breach and termination shall also apply.
5.1.5 Considering the circumstances at the time of suspension, disconnection or reconnection, the service provider shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or reconnection.
5.1.6 Where this agreement is terminated at the Subscribers instance in accordance with clause 1.1 and 1.2 above, the service provider shall be entitled to disconnect your service at any time on the relevant date of termination and at which time the provisions of Termination clause apply, with the necessary changes, and you shall have no claim of whatsoever nature against Link-Up Wireless as a result of Link-Up Wireless exercising its right under this clause.
6. Termination
6.1 In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply within 20 (twenty) days, then the Service Provider may immediately terminate this Agreement.
6.2. If this Agreement is terminated by The Service Provider for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 6.1, you shall pay to The Service Provider all outstanding charges for access to the Network Services and you will be subject to payment of a reasonable early cancellation charge, determined by The Service Provider.
6.3. You shall repay to The Service Provider on demand all costs which The Service Provider incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include.
6.3.1. Costs in connection with tracing you and/or the CPE.
6.3.2. All legal costs on the attorney client scale.
6.3.3. Collection commission that may legally be recovered from you by The Service Provider’s attorneys or collection agents on amounts collected.
6.3.4. The costs incurred in obtaining possession of the CPE as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and. 6.3.5. The replacement cost of the Apparatus.
6.4. To the extent that it is appropriate, the provisions of clause 6.3.2 above apply reciprocally to you, read with the necessary changes.
6.5. It shall be in the sole discretion of The Service Provider as to whether it elects to levy the replacement cost of the CPE or the charges referred to in clause 6.3.4 above.
6.6. Any accumulated Data existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against The Service Provider in respect thereof.
7. Fibre
7.1 Fibre Broadband Access is supplied as a best effort service by the Fibre Line Provider. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen Representative and remain their property. In order to use the Fibre Data purchased from Link-Up a Fibre router/modem is required, this router/modem needs to be purchased by the client. Only approved (ICASA, SABS) hardware is permitted to be used, un-approved hardware connected to the Fibre Line by the client which proves to be interfering/causes damage to the service provided by the Fibre Line Provider/Link-Up or its infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of un-approved hardware by the client will be for the clients account.
7.2 Areas listed as available may not be Fibre ready at your particular address due to a number of factors. Pre-orders do not guarantee that Fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within +- 30 days, this timeframe is however not guaranteed. Link-Up only offer Fibre to the Home services through our Fibre Line Providers at this time.
7.3 Fibre line installations and connections are subject to an installation and connection fee which is prescribed by the Fibre Line Provider. Additional fees may apply should trenching or additional cabling be required to complete the installation, Link-Up will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. Please note that should the service be ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.
7.4 An additional fee may be charged as prescribed by the Fibre Provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Cancellations for fibre lines are only submitted at the end of each month, the cancellation request must be submitted via emasi to support@link-up.co.za at least 30 calendar days before the cancellation date, the earliest available cancellation date will communicated to you via email. Cancellation requests which do not adhere to the 30 calendar day notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed, this fee is prescribed by the Fibre Line Provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within +- 30 day, this timeframe is however not guaranteed.
7.5 An additional fee of up to R2 000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the Fibre Line Provider.
7.6 By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.
7.7 The available capacity on the network is shared between all users of Link-Up bandwidth. Acceptable Usage Policies are attached to Uncapped Services. Capped services whilst the majority of the time will remain untouched may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority through-put on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.
7.8 Capped Services.
7.8.1 Rollover of Data: Should you not use all of your purchased data within a month (1st to last day of each month); the unused data will carry over to the following month for a period of 3 months. As your data is exhausted the unused data from the oldest months accumulated data will be added to your service. In order to use your rollover you must first deplete your monthly allocation of data, once the monthly allocation is depleted your rollover data will automatically become available. EXAMPLE; You have not used up all your data for June, July and August. In September you run out of data, we will automatically allocate the unused data from June to your data service first. If you deplete this data too, we will automatically allocate the unused data from July and if you deplete this, we will automatically allocate the data from August. If you reach the end of September and you only needed to use your rollover data from June and July, the unused data from August will be available to use in October.
7.8.2 Rollover of Data is only applicable to services which are paid up to date and are renewed monthly. If your debit order or credit card payment fails for any reason all data that has accumulated will fall away and will not be re-allocated on payment for the service. Should you cancel your service any accumulated data will fall away.
7.9 Uncapped Services: Uncapped services are designed and intended for personal use only. The Uncapped Services may not be repackaged/broken down and sold to 3rd parties, may not be used to provide network services like hosting/mail/ftp/backhaul for Wifi/internet cafes and other networks. The use and/or exploitation of our uncapped services for commercial use is strictly prohibited. (We have very competitive Per Gb pricing for commercials).
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