Terms and Conditions

Abbreviated Terms and Conditions:

We are aware that the fine print is not always read by all our customers and so we would like to bring your attention to some important points. We do however urge you to read the rest of the document:

1. Monthly billing for all fibre services is done in advance (pay first then use). Yutiliti will provide a monthly invoice on the Invoice Date. Billing commences on the day the ONT is activated, regardless of whether the router is connected, or the service has been used. Failure to use the service does not exempt the customer from making payment. Should the customer experience any connectivity issues and support has not been notified Yutiliti considers the service as active and working and will bill accordingly. Yutiliti does not offer a “pay-as-you-use” service – Section 17

2. If a debit order fails or if fees are unpaid, Yutiliti reserves the right to resubmit the debit order and charge an administrative fee of R50. Non-payment may result in suspension of services, which will remain suspended until full payment is made. The Customer is liable for all subscription fees and charges incurred during suspension. Unavailable services based on suspension do not exempt the customer from making payment. If a legacy or new customer is on an EFT payment system and defaults on payment and later brings the account up to date Yutiliti can insist on a debit order instruction for future payments before reactivating the service – Section 17

3. Service cancellations require one full Clear Calendar Month notice and must be sent in writing to cancel@yutiliti.co.za. Cancellations must be received before the 1st of the month for the preceding notice month in question to qualify as a full Clear Calendar Month. Full calendar month means the period which begins at midnight on the last day of the previous month and ends at midnight on the last day of the month under consideration. Due to fibre being fixed to an address, it cannot be moved. Moving premises would require a cancellation of services as per cancellation process.

4. Once you have accepted a Yutiliti quote in a live area and cancel this package without providing Yutiliti the option to deliver, there will be an administrative charge of R400 once-off – Section 18

5. Yutiliti depends on third parties e.g. FNOs for services, equipment, and infrastructure and has no control over the network stability of the FNO infrastructure nor any upstream service providers. Refer to Section 8.1

6. While Yutiliti uses its best efforts to maintain continuous service, we cannot guarantee 24/7 availability due to factors beyond our control. Refer to Section 8.

7. Wi-Fi performance may be unpredictable due to property size, layout, RF noise, building materials/design, and interference from other devices. Yutiliti cannot guarantee full speed through Wi-Fi nor that the premises will have full signal throughout. Should there be any dead spots on the premises any additional hardware or range extenders will be the responsibility of the customer – Section 13.

8. Speed tests should be performed via a network cable directly into the router with all other users not using the service. Yutiliti can run remote speed tests and will consider in-house data as accurate. If available in your area any request for onsite support (incurs a call-out fee of R850p/h) will be charged to the customer if fault diagnostics indicate that the issue originated from the customer premises or equipment – Section 13.

9. In case a factory reset of the Yutiliti router has been performed without instruction from Yutiliti Support a fee of R850 per hour will be charged for either remote or on-site support.

Full Terms and Conditions:

1. DEFINITIONS

1.1 Service

The internet service provided by Yutiliti.

1.2 Drop Cable

The fibre optic cable connecting your property to the hard cable network owned by the FNO.

1.3 ONT

Optical Network Terminal – the device that converts the fibre signal for use in your home.

1.4 Fibre Network Operator (FNO)

The company responsible for the physical fibre network.

1.5 Yutiliti Hardware

All equipment supplied by Yutiliti (such as routers).

1.6 Fair Usage

The acceptable use policy that governs how the service may be used.

1.7 No Service Faults

The assumption that the service is working properly unless reported otherwise.

1.8 Invoice Date

The date on which your invoice is issued.

1.9 Installation Fee

Any fee charged for the installation of services

1.10 Fibre Broadband Service

Provided on a “Best Effort” basis, meaning Yutiliti does not guarantee data delivery times or quality. While we strive to deliver optimal performance, actual bandwidth and service quality may vary based on network congestion, user demand, and other factors.

1.11 Dedicated Service

A service offering covered by a Service Level Agreement by the FNO. Typically, a 1-1 Contention Ratio service.

1.12 Router

The device connected to the ONT used to create a Wi-Fi network and connecting you to the internet.

1.13 Clear Calendar Month Notice

Calendar month to be defined as one of the 12 months of the year from the first of the month to the last day of that month.

2. ACCEPTANCE

2.1 Customer Acceptance

By completing your application and accepting our quotation, you agree to these Terms and Conditions.

2.2 Amendments

Yutiliti may amend these terms from time to time. All changes will be posted on our website (www.Yutiliti.co.za) and become binding on the Customer from the publication date.

3. CUSTOMER COMMITMENTS

3.1 Information

You must provide all necessary information for Yutiliti to deliver the selected services. All details must be true and accurate; Yutiliti may request proof of any information provided.

3.2 Identity Verification

Yutiliti may require verification of the Primary Account Holder’s identity. Failure to provide such verification may result in suspension or cancellation of the service.

3.3 Contractual Capacity

You confirm that you are over 18 years old, have full contractual capacity, and (if acting through an agent) are properly authorized to act on behalf of the Customer. If the property is under lease the tenant is liable for any permissions and disputes with the owner of said property. Refer to Section 10.2

3.4 Third-Party Sharing

Where applicable, you agree to the use or sharing of your information with third parties to comply with regulatory conditions (e.g., Domain Registration Listings) under applicable privacy legislation. (See Section 5 on POPIA.)

3.5 Fair Usage

Yutiliti website, social media and other systems are designed to facilitate the reasonable use of our products and services. (See Section 16)

3.6 Professional Conduct

You are expected to interact with Yutiliti in a professional and respectful manner. Abusive behaviour, false information, and spam may result in cessation of assistance or cancellation of the service. This included in person service, telephonic or social media.

4. IDENTITY VERIFICATION REQUIREMENTS (RICA)

4.1 Verification Process

In accordance with RICA (Regulation of Interception of Communication Act of 2009), you may be required to present, email, or upload valid proof of identity:
– An original ID or driver’s license (for South Africans)
– A valid passport (for non-South Africans)

4.2 Document Requirements

All identity verification documents must include a photo.

4.3 Consequences of Non-Verification

Failure to provide valid verification will result in the service not being activated, regardless of any pro rata charges.

4.4 Affordability Assessment

A RICA check, which may include an affordability assessment, will be conducted to confirm your eligibility for the service.

5. POPIA (PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013)

5.1 Compliance and Consent

Yutiliti undertakes to comply with POPIA and related legislation. By using our services, you consent to:

a. Secure recording and storage of your personal details for record-keeping and compliance.
b. Providing your details to law enforcement when required.
c. Using location-based services and cookies to provide customized services.
d. Redirecting you to third-party payment processing partners when needed.
e. Sharing your information with Yutiliti Affiliates—but not selling it to non-affiliates without your written consent.

5.2 Warranties Regarding Personal Information

Yutiliti warrants that it will strictly comply with POPIA and other applicable legislation and will not use your personal information for purposes beyond those contemplated without your prior written consent.

5.3 Customer Warranties and Indemnity

You warrant that all information supplied is true and correct and indemnify Yutiliti against any claims arising from incorrect information. The onus is on the customer to ensure Yutiliti is updated accordingly should your personal information change.

5.4 Direct Marketing and Communications

You agree to receive direct marketing communications related to our services. To opt out or inquire about your personal information, contact support@yutiliti.co.za. Transactional communications via WhatsApp, SMS, or email are essential for service updates.

6. CONSUMER PROTECTION ACT (CPA)

6.1 Customer Rights

Yutiliti respects your rights under the CPA.

6.2 Router Defects

If the Wi-Fi-enabled router does not meet the standards outlined in Section 55(2) of the CPA and a defect is found within six (6) months of  delivery, you must notify Yutiliti immediately. Yutiliti will arrange for its collection and testing. If no issues are found during testing, the client will be responsible for the courier charges related to the replacement and testing of the router.

6.3 Repair or Replacement

If the router is found defective per CPA standards, Yutiliti will repair or replace it. If the defect appears after the CPA warranty period, repair or replacement may be offered at your expense.

7. WARRANTIES

7.1 Disclaimer of Warranties

Subject to any implied warranties under the CPA, Yutiliti makes no express or implied warranties or guarantees regarding the services or equipment, including warranties of merchantability or fitness for a particular purpose. Yutiliti does not guarantee that the services will be error free, secure, or uninterrupted (Section8)

8. RELIANCE ON THIRD PARTIES

8.1 Dependence on Third Parties

Yutiliti depends on third parties e.g., FNO` for services, equipment, and infrastructure and has no control over the network stability of the FNO infrastructure nor any other upstream service providers.

8.2 Service Availability

While Yutiliti uses its best efforts to maintain continuous service, we cannot guarantee 24/7 availability due to factors beyond our control. Refer to Section 8.1

8.3 Liability for Third-Party Failures

Yutiliti is not liable for any fees or costs incurred due to service interruptions caused by third-party failures.

8.4 Notification of Maintenance

We will endeavour to notify you in advance of any known failures or required maintenance.

8.5 Manufacturing Disclaimer

Note: Yutiliti Wi-Fi routers are manufactured by third parties and are not guaranteed to be defect-free or fit for all purposes.

9. AVAILABILITY OF SERVICES

9.1 Coverage Areas

Services are available only in areas marked as live on the Yutiliti coverage map based on areas covered by the FNO on who`s networks we provide the service.

9.2 Hold Orders

If you order service in an area that is not yet live, the service will be put on hold until it becomes available.

9.3 Complex/Building Installations

Services requiring installation from the road into a property (residential or business) are subject to an approval process between the FNO and the Governing Entity (e.g., Homeowners Association, Body Corporate).

9.4 Additional Installation Fees

An additional installation fee may be charged by the FNO if installation exceeds certain parameters. These costs must be confirmed directly with the operator and are not controlled by Yutiliti.

10. INSTALLATION OF EQUIPMENT

10.1 Wi-Fi-Enabled Router

10.1.1 Delivery and Pre-Configuration

Yutiliti routers are pre-configured with set passwords that cannot be changed by the Customer. To change thepassword, please contact Support on support@yutiliti.co.za or WhatsApp: 066 110 9708

10.1.2 Customer Responsibility

Installation of the router is solely the Customer responsibility. Neither Yutiliti nor the FNO is responsible for installation, and Yutiliti refuses liability for any damage incurred to the router or property during installation.

10.2 FNO Labour and Installations

A. Permission

10.2.1 Obtain Permission

Before installing the Drop Cable and ONT, the Customer must obtain permission from the property owner. If the Customer is a tenant, they must also obtain details regarding any existing services that may interfere with installation.

10.2.2 Indemnity

The Customer indemnifies the FNO and Yutiliti against any damages or claims arising from failure to obtain the
necessary permissions, including costs incurred if the ONT and Drop Cable must later be removed.

B. Scope of Work

10.2.3 Limited Installation

Installation is limited solely to the Drop Cable and ONT. No additional devices will be installed.

10.2.4 Best Route and Installation Location

The FNO will choose and advise on the most suitable (shortest, time- and cost-optimal) route from the hand hole to the property. Should the customer insist on a different route it may incur additional costs that will be billed by the FNO.

C. Existing Services and Risk

10.2.5 Notification of Existing Services

The Customer must inform the contractor of any existing services (e.g., water, storm water, sewage, electrical cables) along the proposed route. Some risk of unintended damage remains despite reasonable care.

10.2.6 Damage and Liability

The contractor is not solely liable for damage or repair costs unless existing services were clearly identified prior to installation.

D. Placement and Power Supply

10.2.7 ONT Placement

The ONT will be wall-mounted by the FNO for optimal performance. While customer placement requests will be considered, technical and practical constraints may affect the final location. Once the installation is complete and signed off by the customer, Yutiliti and the FNO will deem the installation satisfactory. Should the customer have any problems, changes, concerns, or complaints regarding the installation after signoff, any changes will be charged to the customer.

10.2.8 Removal of ONT

The ONT must not be removed from the property should the customer vacate the premises. It is the customers responsibility to arrange access for the FNO to remove the ONT from the property should they wish to do so or if the new owner/tenant does not use the service. In the event of the FNO being unable to recover the ONT the customer will be charged for the replacement plus any labour. Do not remove this device yourself as any damages to this device will incur the cost for the device to the value of R1999. Request removal of the ONT from Yutiliti and we will action on your behalf with the FNO.

10.2.9 Power Supply and Surge Protection

The Customer must ensure an adequate power supply at the ONT and router installation point. The FNO and Yutiliti recommends surge protection; if equipment is damaged due to lack of surge protection, the Customer is liable for repair or replacement costs. Courier charges to investigate faults could apply.

E. Installation and Limitations

10.2.10 Fibre Installations

– Installations are free of charge. If services are cancelled inside a 12-month period, a clawback fee will apply. (Yutiliti reserves the right to charge install fees in the future)
– Limitations: Maximum Drop Cable length is 50 meters and civil works are limited to 30 meters. The first 30m includes 15m of hardened civils – Refer to Section 10.2.15
– Exceeding these limits or requiring additional civil works (e.g., cutting tar or replacing interlocking bricks) will incur extra charges (see Clause 10.2.12).
– All provisions of the Cancellation Policy (Section 20) apply.

10.2.11 Dedicated Fibre Installations

– Terms are similar to fibre installations, with the same limitations and conditions regarding additional charges.

10.2.12 Additional Charges

If additional charges apply, it will be payable directly to the FNO. Failure to pay additional charges may result in the Yutiliti using legal remedies, including recovery of call-out fees, equipment costs, contractor fees, installation costs, and penalties (which may attract interest at the prime lending rate plus 2%). Refer to Section 10.2.15.

10.2.13 Special Instructions

Any special instructions that fall outside the normal duties of the contractor will attract an additional fee payable direct to the FNO.

10.2.14 Final Acceptance

Upon completion of installation, The FNO will request final sign-off from the Customer. The Customer must ensure that an authorised representative is present. Any additional work or changes required after final sign-off will be at the Customer’s cost.

10.2.15 Other FNO Terms

The Customer acknowledges that various FNOs may have different terms regarding the installation of Drop Cable and/or ONT. It is the Customer responsibility to clarify these terms before ordering services, as they become binding upon service order.

11. EQUIPMENT TITLE AND OWNERSHIP

11.1 Ownership

All equipment supplied by Yutiliti (including the Wi-Fi-enabled router) remains the property of Yutiliti.

11.2 Movable Asset

The equipment is considered movable property and does not become part of your property.

11.3 Return Upon Cancellation

Upon cancellation of the service, all equipment must be returned to Yutiliti within 30 days, or you will be invoiced for its full cost.

11.4 Warranty and Courier Charges

Any warranty claim will incur a R350 courier charge.

11.5 Return Address

Unit 4, Vision House 2
55 Blaauwberg Road
Table View, Cape Town, 7441

12. YUTILITI ROUTER SETTINGS, OPTIONS, AND CUSTOMER EQUIPMENT

12.1 Pre-Configured Settings

Yutiliti routers are pre-configured with set passwords that cannot be changed by the Customer. To change the password, please contact Support on support@yutiliti.co.za or WhatsApp: 066 110 9708

12.2 Alternate Router Access

If you require router access, you must purchase your own router. Yutiliti will provide PPPOE (Point-to-Point Protocol over Ethernet) details for that router.

  • 12.2.1 The Yutiliti-provided router, supplied on a free-to-use basis, shall remain configured in accordance with Yutiliti’s standard network settings. The device may not be modified, reconfigured, or repurposed for any function other than serving as the primary network router. This prohibition includes, but is not limited to, placing the device in bridge mode, converting it into an access point, or making any configuration changes that alter or interfere with its intended operational functionality.
  • 12.2.2 Yutiliti may, at its discretion, provide technical assistance for additional configurations such as port forwarding, guest network setup, or other reasonable adjustments, provided such changes do not alter the router’s primary configuration or compromise network stability, security, or functionality.

12.3 On-Site Requirement

The Yutiliti router must remain on-site for remote troubleshooting. Unauthorized resets will incur a call-out fee.

12.4 Customer-Owned Equipment

Yutiliti is not responsible for performance issues or faulty configurations of customer-owned equipment. Should the customer insist on using their own equipment Yutiliti will take no responsibility for support or speed tests.

12.5 Additional Wireless Network Coverage

For additional wireless network coverage solutions, please contact support@yutiliti.co.za.

12.6 Reconfiguration Fee

If the Customer resets the Wi-Fi-enabled router without prior consent from support, the Customer will be liable for a reconfiguration fee of R850 to restore the device to its original settings.

13. WI-FI PERFORMANCE

13.1 Service Limitations

Yutiliti is not responsible for non-Yutiliti supplied hardware or network devices (Access points, switches, laptops, or any other hardware) on your premises.

13.2 Performance Factors

Wi-Fi performance may be unpredictable due to property size, layout, RF noise, building materials/design, and interference from other devices Yutiliti cannot guarantee full speed through Wi-Fi nor that the premises will have full signal throughout. Should there be any dead spots on the premises any additional hardware or range extenders will be the responsibility of the customer.

13.3 Exclusions

Issues such as customer hardware, slow computers, faulty printers, or corrupt software are outside Yutiliti’s support scope. These issues require third-party resolution.

13.4 Speed Testing

Speed tests should be performed via a network cable directly into the router with all other users not using the service. Yutiliti can run remote speed tests and will consider in-house data as accurate. A request for on-site support (incurs a callout fee of R850 p/h) will be charged to the customer if fault diagnostics indicate that the issue originated from the customer premises or equipment.

14. IP PROVISIONING

14.1 Assignment of IP Addresses

Yutiliti may assign IP addresses for your internet service (IPv4, IPv6 or CGNAT addresses).

14.2 Ownership of IP Addresses

All IP addresses remain the property of Yutiliti, which may change them at its sole discretion.

14.3 IP Addresses provided.

Yutiliti IP addresses run on a CGNAT dynamic range. For any port forwarding, VoIP, Double Nating issues, a static IP may be necessary and will incur additional costs.

15. FAIR USAGE POLICY AND MONITORING

15.1 Capacity Provision

Yutiliti aims to provide full burstable capacity on your link.

15.2 Fair Usage Policy

Yutiliti’s services are provided for normal, good-faith residential or business use only. Excessive or abnormal consumption that negatively affects network integrity or other subscribers experience is prohibited, and Yutiliti may, at its sole discretion and without prior notice, apply reasonable traffic-management measures or other limitations once such usage is determined to exceed fair and responsible levels.

15.3 Monitoring

Yutiliti reserves the right to monitor bandwidth usage to ensure compliance and may remotely terminate sessions iflimits are exceeded.

15.4 Prohibited Uses

The service must not be shared or resold, used to operate an ISP/WISP, or used for backhauling traffic for other operators. Unacceptable use includes criminal, illegal, or unlawful activities, and any activity that intentionally interferes with Yutiliti’s service or the rights of third parties.

15.5 Performance and Accounting

Yutiliti monitors its systems for performance and accounting purposes to ensure compliance with the Service Terms and Acceptable Use Policy.

16. TECHNICAL AND SERVICE SUPPORT

16.1 Scope of Support

Support is limited to connectivity-related issues up to the Yutiliti-supplied equipment.

16.2 Fibre Speeds

Fibre speeds are provided on a “Best Effort” basis, subject to constraints of last-mile partners and network demand.

16.3 Service Levels

– Fibre Broadband:
Best Effort
Monday to Friday: 8:00 am – 17:00 pm
(No specified weekend hours)
– Dedicated Fibre:
SLA (Dedicated) – As underwritten by FNO.
Monday to Friday: 8:00 am – 17:00 pm

16.4 Support Contact Details

– Email: support@Yutiliti.co.za
– Telephone: 021 300 6383
– WhatsApp: 066 110 9708

16.5 Response Time

Yutiliti will address faults during office hours and will endeavour to restore services as quickly as possible. Fibre network issues will be escalated to the FNO, and resolution will be defined by the FNO`s internal policies.

16.6 Equipment Responsibility

Yutiliti is not responsible for non-Yutiliti equipment. If faults are due to customer tampering with router settings, applicable call-out fees will be charged.

16.7 Passwords and Security

Customers must keep their account passwords confidential. You are responsible for any unauthorized use until you notify Yutiliti of a breach. Additional costs incurred due to poor password practices are the Customer responsibility.

16.8 IP Address Ownership

Any Internet Protocol address assigned by Yutiliti remains its property. The Customer’s right to use the address is as permitted by Yutiliti at its sole discretion.

16.9 Content Responsibility

Yutiliti is not responsible for deletion, corruption, or failure to store any messages or content transmitted via its services.

17. INVOICING AND PAYMENT

17.1 Billing Cycle

Fibre to the Home Services (FTTH) are provided on a month-to-month basis. Product-dependent Business Links (FTTB) have a fixed term of 12 to 36 months. Cancelling at any point during the contract term will result in billing for the remaining duration.

17.2 Price Modifications

Yutiliti reserves the right to modify its pricing due to changes in the telecommunications industry, regulatory requirements, or unforeseen circumstances. Notice of significant price changes will be given in accordance with applicable laws.

17.3 Delivery and Replacement Fees

– Delivery fee for shipping the router: R350 (including VAT)
– Replacement hardware or equipment shipping fee: R350 (including VAT)

Yutiliti reserves the right to amend the fees according to supplier pricing.

17.4 Invoice Issuance

Yutiliti will provide a monthly invoice on the Invoice Date. Billing commences on the day the ONT is activated, regardless of whether the router is connected or the service has been used. Failure to use the service does not exempt the customer from making payment. Should the customer experience any connectivity issues and support has not been notified, Yutiliti considers the service as active and working and will bill accordingly. Yutiliti does not offer a “pay-as-you-use” service.

17.5 Payment Terms

Invoices must be paid in full on the Invoice Date via direct debit or as otherwise agreed in writing. Unless notified in writing (to billing@yutiliti.co.za) within 3 days of receipt, invoices are deemed correct. Yutiliti’s service is a pay-in-advance service and billing will not be in arrears aside from any pro-rata fees. Example: At the end of January, you pay for February.

17.6 Non-Payment and Suspension

If a debit order fails or if fees are unpaid, Yutiliti reserves the right to resubmit the debit order and charge an administrative fee of R50. Non payment may result in suspension of services, which will remain suspended until full payment is made. The Customer is liable for all subscription fees and charges incurred during suspension.

If a legacy or new customer is on an EFT payment system and defaults on payment and later brings the account up to date Yutiliti can insist on a debit order instruction for future payments before reactivating the service. EFT customers’ due date for payment is the 1st of each month. EFT Customers that default on the payment date will be suspended by the 3rd of the month.

Payments that are late will only be re-activated from suspension once the money reflects in the Yutiliti bank account. Payments made over a weekend will not be seen to and will only be addressed on the Monday following the weekend.

17.7 Fee Increases

If the FNO changes its pricing, Yutiliti may increase fees with 30 days written notice. Any fee increase will reflect the increased costs of providing the service.

17.8 Refunds

Should a customer make an EFT payment on an account with an active Debit Order the account will be credited accordingly. No refund will be provided. Any other authorised refunds will be processed each Friday.

18. UPGRADE, DOWNGRADE, AND CANCELLATION OF SERVICES

18.1 Service Upgrades

18.1.1 Upgrades are processed within 72 hours (3 business days).

18.1.2 The first month’s invoice for the upgraded service will be calculated on a pro rata basis.

18.2 Service Downgrades

18.2.1 Downgrade requests must be submitted via email to sales@Yutiliti.co.za with “Downgrade Request” and yourcustomer code in the subject line.

18.2.2 A Clear Calendar Month Notice is required (refer to Definition 1.14).

18.2.3 Downgrades related to Promotional Speed Upgrades may be subject to additional Terms and Conditions and will be solely at the discretion of Yutiliti.

18.3 Cancellation Policy

18.3.1 Cancellation Process

Cancellation requests must be submitted in writing to cancel@Yutiliti.co.za.

18.3.2 Notice Period

A notice period of one full Clear Calendar Month is required. Example: Should you cancel 15 of January the service will be suspended end of February.

18.3.3 Cancellation Fees
a. If cancellation occurs after quote acceptance (Completed Online process and X order number issued) but before service delivery or FNO installation, an administrative cost of R400 applies.
b. If cancellation occurs within 60 days after installation, the full installation (claw back R1999 fee plus an administrative fee of R400 applies.
c. If cancellation occurs within the first 12 months of subscription (after service delivery) and the installation fee was not paid upfront, the installation fee/claw back fee of R1999 is applicable.
d. Business Links (FTTB) have a fixed term of 12-36 months. Cancellation at any stage within the contract term will still incur billing for the remainder of the contract term.

18.3.4 Router Return

The customer must arrange collection with Yutiliti at the correct address and return the router in its original, complete condition—including all accessories and packaging—failing which Yutiliti may charge the Customer the routers full replacement value. To arrange router, return contact Support on support@yutiliti.co.za.

18.3.5 Return Address

Unit 4, Vision House 2
55 Blaauwberg Rd, Table View
Cape Town, 7441

18.3.6 Failure to Return

If the router is not returned within 30 days of cancellation notice, the full replacement cost will be invoiced to the Customer.

18.3.7 Change of Premises

A change of address is treated as a cancellation due to the fixed nature of fibre installations. Normal cancellation rules and fees will apply as per Section 18.3.

19. SUSPENSION AND TERMINATION OF SERVICE

19.1 Grounds for Suspension/Termination

Yutiliti may suspend or terminate services if:

a. The Customer commits a serious or repeated breach of these Terms.
b. The Customer conduct negatively impacts Yutiliti, other Customers, or Yutiliti’s staff.
c. Fees are not paid in full when due.
d. Information provided is found to be false.
e. Yutiliti, at its sole discretion, believes the Customer use of the service may lead to criminal or unlawful activity.
f. The Customer misuses system features to avoid billing, traffic shaping, or other system controls.

19.2 Consequences

Upon suspension or termination, the Customer:

a. May not be eligible for reimbursement or compensation.
b. May be barred from signing up for future services with Yutiliti.
c. May be reported to governing bodies (e.g., ISPA) or credit bureaus.
d. Remains liable for all fees and charges for services delivered, even during suspension.

19.3 Suspensions due to overdue payment

Once an account has been suspended due to non-payment, the suspension will be lifted after the money reflects in Yutiliti`s bank account. Any payments received over weekends will only be processed on Monday or the next business day
over public holidays.

20. SPAM, SAFETY, UNLAWFUL CONTENT, AND ACTIVITY

20.1 Anti-Spam Policy

Yutiliti prohibits the use of its service for sending spam. If you suspect misuse, please email support@Yutiliti.co.za.

20.2 Marketing and Communication

Yutiliti reserves the right to send marketing messages and other communications to customers.

20.3 Legal Guidance

For issues regarding harassment, maintenance, or films and publications, refer to the following acts:

– The Harassment Act (No. 17 of 2011)
– The Maintenance Act (No. 99 of 1998)
– The Films and Publications Act (No. 65 of 1996, as amended)

20.4 ISPA as Agent

ISPA acts as our agent for receiving take-down notifications under the Electronic Communications & Transactions Act.

ISPA Contact Information:
Website: https://ispa.org.za/
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Email: complaints@ispa.org.za

21. NOTIFICATIONS

21.1 Default Opt-In

Customers are opted in to notifications, marketing messaging and regular messaging by default.

21.2 Opt-Out and Customization

Customers may opt out or customize notifications via the Customer Portal or by contacting support. Yutiliti is not liable for any information not received as a result of opting out.

21.3 Delivery Efforts

Yutiliti will make every effort to deliver notifications promptly; however, it is not liable for delays or failures due to external factors (e.g., mobile networks, email providers). Customers are responsible for checking and updating their notification settings. The onus is on the customer to ensure their contact details are correct and up to date.

22. INTERACTIONS WITH STAFF AND THE YUTILITI BRAND

22.1 Conduct Requirements

Customers are expected to treat Yutiliti staff, the company and all its associated communication and marketing channels with respect.

22.2 Abusive Behaviour

Abusive or offensive behaviour (e.g. aggression, bullying, threats, or derogatory remarks), may result in suspension, termination of services, or legal action.

22.3 Public Communications

Posting libelous or false information that harms the reputation of Yutiliti, or its staff may result in service termination and further action under the Fair Usage Policy.

23. INDEMNITY AND LIMITATION OF WARRANTY

23.1 Indemnity

You indemnify Yutiliti (and its Affiliates) against all claims, expenses, damages, and liabilities arising directly or indirectly from the provision of our services. You agree to reimburse Yutiliti for any costs incurred (including legal fees), except in cases of Yutiliti’s fraud, gross negligence, or breach of these Conditions. Yutiliti accepts no responsibility for, and the Customer indemnifies and holds Yutiliti harmless against, any loss, damage, cost, or claim arising from the installation or civil works performed by the FNO.

23.2 Limitation of Warranty

Subject to applicable consumer rights under the CPA, Yutiliti does not warrant (expressly or impliedly) that the services or equipment will be free from defects, error-free, secure, or uninterrupted.

23.3 Limitation of Liability

Yutiliti’s maximum liability is limited to the fees paid for the services. Yutiliti is not liable for:

a. Service interruptions or delays.
b. Failure or delay in transmitting communications.
c. Loss or damage caused by force majeure events (see Section 24), failure to report issues, or third-party equipment failures.
d. Unauthorized network access or any related financial, support, or medical losses.

24. FORCE MAJEURE EVENTS

24.1 Definition

Yutiliti is not liable if events beyond our reasonable control delay or prevent us from performing our obligations. These include strikes, industrial disputes, utility failures, acts of God (e.g., war, riots, heavy rain, floods, storms), or any other cause beyond our control.

24.2 Customer Obligations

The Customer remains responsible for any payments due prior to a Force Majeure Event.

25. DISCLAIMER AND LIMITATION OF LIABILITY

25.1 General Disclaimer

Yutiliti accepts no liability for any loss or damage to the Customer’s property or equipment arising from the provision, installation, or maintenance of its service. Use of Yutiliti services is at the sole risk of the Customer.

25.2 Performance Limitations

Uncapped fibre data is not throttled or shaped; however, circumstances beyond Yutiliti’s control (e.g., high demand, technical outages) may affect performance.

25.3 Content Disclaimer

Yutiliti does not operate, or control external content accessed via its services and makes no representations regarding such content. The Customer shall have no claim against Yutiliti for any such content.

25.4 Security Measures

Yutiliti reserves the right to take measures (including blocking or filtering internet traffic) to ensure network security and continuity. Yutiliti is not liable for unauthorized network access or breaches of Customer network security.

25.5 Exclusions

Under no circumstances shall Yutiliti be liable for any direct, indirect, consequential, or incidental damages arising from:

– The provision of the router, Fibre Line, ONT, or related services.
– Installation, maintenance, or removal activities.
– Any financial loss, support, medical expenses, or injury incurred by the Customer.

26. GENERAL TERMS

26.1 Assignment

The Customer may not assign, delegate, or transfer any rights or obligations under these Conditions without the prior written consent of the FNO and the relevant Internet Service Provider, which consent shall not be unreasonably withheld.

26.2 Entire Agreement

These Conditions, together with any Service Order(s), constitute the entire agreement between Yutiliti and the Customer, superseding all prior agreements relating to the subject matter.

26.3 Severability

If any term of these Conditions is found to be invalid, illegal, or unenforceable, that term shall be deemed severable, and the remaining terms shall remain in full force and effect.

26.4 Recovery of Costs

All costs incurred in enforcing these Conditions (including legal fees and collection commissions) are recoverable from the Customer upon demand.

26.5 Governing Law

These Conditions and any disputes arising out of them shall be governed by the laws of the Republic of South Africa. Disputes will be decided by the courts of South Africa.

26.6 Supersession

This Agreement supersedes and cancels any previous agreements between Yutiliti and the Customer relating to the subject matter.

26.7 Dispute Resolution

Any disputes will be resolved in accordance with South African law and within the South African court system.

27. VOICE OVER IP (VOIP) TERMS AND CONDITIONS

27.1 Service Provision

27.1.1 Yutiliti (“the Provider”) offers Voice over IP (VoIP) services in partnership with trusted third-party providers.

27.1.2 The VoIP service is supplied on a best-effort basis — there is no Service Level Agreement (SLA) for VoIP.

27.1.3 Service quality and availability depend on network conditions, your internet connection, and third-party infrastructure, which may be outside of Yutiliti’s control.

27.2 Accounts and Billing

27.2.1 Each VoIP account includes a monthly line rental fee and a monthly call balance, both billed in advance.

27.2.2 The call balance is a Rand amount, not a set number of minutes. Call costs are deducted from this balance at the applicable rate.

27.2.3 Any unused monthly call balance expires at the end of the billing cycle and does not roll over.

27.2.4 You can top up your call balance at any time.

  • Top-up balances remain valid until fully used.
  • Monthly balances are always used before top-up balances

27.2.5 A standard porting fee applies if you want to port your number.

27.2.6 Yutiliti will issue separate invoices for monthly balances and any top-ups.

27.2.7 All monthly and top-up balances are non-refundable

27.3 International Dialling

27.3.1 To enable international calling, you must complete and sign an International Dialling Indemnity Form, which Yutiliti will provide on request.

27.3.2 Yutiliti will not be liable for any charges, misuse, fraudulent activity, or losses linked to the use of international calling services.

27.4 Technical Support and Performance

27.4.1 Yutiliti provides support only for approved VoIP devices and configurations.

27.4.2 Support is not extended to third-party or client-supplied devices.

27.4.3 The VoIP service is intended for residential and small office use only. It does not include PBX, call centre, or advanced enterprise features.

27.5 Fair Use and Restrictions

27.5.1 The VoIP service must be used in a lawful, fair, and reasonable manner.

27.5.2 Yutiliti may suspend or terminate the service if there is suspected fraud, abuse, excessive use, or illegal activity.

27.6 Limitation of Liability

27.6.1 Yutiliti is not responsible for service interruptions, call quality issues, data loss, or any indirect or consequential damages related to the use or non-use of the VoIP service.

27.6.2 You acknowledge that VoIP relies on internet connectivity and third-party infrastructure, which are outside Yutiliti’s control.

27.6.3 Yutiliti’s maximum liability is limited to the value of your monthly VoIP subscription fee for the affected period.

Contact us:

Billing: billing@yutiliti.co.za  Projects: orderupdate@yutiliti.co.za  Support: support@yutiliti.co.za
 Cancellation / Premise Moves: cancel@yutiliti.co.za  WhatsApp: 066 110 9708