Terms and Conditions
- The Customer accepts and agrees that these Conditions will become binding on it once Yutiliti has processed the Application Form and agreed to provide the Customer with the Services.
- These Conditions will continue to be binding on the Customer in respect of:
- Residential Fibre Internet Services, on a month to month basis or
- Business Fibre Internet Services, on a month to month basis.
Technical and Service Support
- This a limited support service and therefore Yutiliti support is limited to connectivity related matters only and ends at the Wi-Fi router supplied by Yutiliti.
Yutiliti support hours for the following products are:
|Product||Product Description||Service Level||Hours|
|FTTH and FTTB Lite||Uncapped, Symmetrical||Best Effort||8 am – 8 pm (Monday – Friday) 8am – 2pm (Weekends and public holidays)|
|All FTTB||Uncapped, Symmetrical||SLA (Dedicated)||8 am – 8 pm (Monday – Friday) 8am – 2pm (Weekends and public holidays)|
- Yutiliti does not take responsibility for the performance of any network devices and/or connection equipment, including Wi-Fi routers not supplied by us. Any support and related costs for non-Yutiliti Wi-Fi routers, network devices or connection equipment is the responsibility of the client.
- Support channels and contact details are: firstname.lastname@example.org or telephonically at 021 300 6383.
- Fault reporting: Any faults or service interruption should preferably be reported via email.
- Response time: Yutiliti will attend to faults during office hours and will endeavor to have services restored in the shortest time possible. Issues relating to fibre networks may take longer.
- Routers: Routers plugged into the ONT must be configured in “Router” mode and not “Bridge” mode. Routers in “Bridge” mode may be disconnected.
- Yutility Routers are pre-configured with the correct settings for the provisioning of services. Call out fees will be applicable in the event where the client tampers with the router settings in any way that necessitates Yutility to do a site visit in order to re-set the router. Please note that a call out fee of R 850 per hour (Incl VAT) will be applicable.
- Good working order: Yutiliti will be entitled to assume that the fibre line provisioned to a client is in good working order until such time as the client advises Yutiliti of any problems or service breaks.
- Call out fees: If it is determined that the fault reported was caused by the client then the client will be liable for payment of any applicable call out fees and costs to repair the fault.
- The Customer is responsible for maintaining the confidentiality of its password and other related sensitive information for its user account. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of Yutiliti Infrastructure and Services, including any damages resulting there from, until the Customer notifies Yutiliti customer service of such a breach and Yutiliti has been able to rectify the breach.
- The Customer will be liable for any additional costs incurred by Yutiliti due to poor passwords or other credentials of the Customer in relation to the Customer’s user account (for example: blank passwords or “test” accounts).
- If Yutiliti assigns the Customer an Internet Protocol address in connection with its use of the Yutiliti Infrastructure and/or Services, the ownership of and right to use that Internet Protocol address will remain with and belong only to Yutiliti, and the Customer will have no right to use that Internet Protocol address except as allowed by Yutiliti in its sole and absolute discretion.
- Yutilti has no responsibility for and/or is not liable for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Yutiliti service;
Reliance on third parties
- Whilst Yutiliti operates the Yutiliti Infrastructure, Yutiliti hereby advises the Customer that Yutiliti does not operate in isolation but relies on certain services, equipment and/or infrastructure which are provided by a number of third parties who provide separate but interrelated and connected services which as a whole, allows the Yutiliti Infrastructure to function. These third parties operate as independent service providers who are not necessarily contracted by Yutiliti and the Customer accepts and acknowledges this fact.
- Whilst Yutiliti will use its best endeavours to ensure that the Services are operational at all times, Yutiliti does not (and cannot) warrant that the Services will be operational on a 24 hour / 365 days per year basis, this being due to the nature of the telecommunications industry and the network, which is dependent on the actions and/or input of a number of independent third parties whom Yutiliti has no direct control over. Accordingly, Yutiliti will not be liable for nor will it reimburse the Customer for any Fees paid or costs incurred by the Customer for Services which have been interrupted / non-operational for any period of time due to the failure of any third party operations and/or services and/or equipment and/or infrastructure (irrespective of whether Yutiliti has entered into a service level agreement with such third party).
- Notwithstanding the provisions stated above, Yutiliti will use its best endeavours to notify the Customer in advance of any failure of, or interruption to the Services, and where applicable any required maintenance and repairs which may result from such failure, interruption or unavailability, where Yutiliti is in a position to do so.
Availability of Services
- Connection and service delivery is only available within areas that are marked as live on the Lightstruck coverage map.
- Any service ordered from Yutiliti in areas that are not live will be put on hold until such time that delivery is possible.
- Yutiliti will not charge/run debit orders in cases where orders are placed in areas that are not live yet.
- Services ordered which requires installation from the road into any kind of complex/building (residential/business) are subject to an approval process from Lightstruck by the Governing Entity (Home Owners Association/Body Corporate, Trustees/Directors/Managing Agent).
- An additional installation fee might be charged by the fibre network operator if the installation exceeds 30 meters or qualifies as a bespoke installation. The costs of the installation needs to be confirmed with the fibre network operator and are not controlled or regulated by Yutiliti.
- Wi-Fi performance: Yutiliti cannot take responsibility for any network devices on the client’s premise. Wi-Fi performance can be unpredictable in certain environments due to noisy radio frequency (RF) environments, building design/materials and interference from other Wi-Fi devices.
- All matters relating to Wi-Fi performance, slow laptops, faulty printers or corrupt software fall outside of the Yutiliti’s scope of support and the client will need to contact a third party to resolve these matters at client’s cost.
Installation, Fees and Bespoke Builds
- Our standard installation is free of charge to the client`.
- The installation includes an ONT (Optical Network Terminal), a drop cable, a Wi-Fi router, network related equipment and labour.
- In order to prevent damage to the ONT or fibre cables, you agree to the ONT being wall mounted according to Lightstruck standards.
- The Wi-Fi router is provided by Yutiliti and all other installation related equipment and labour are the responsibility of the fibre network owner and operator.
- If your installation requires a bespoke build, as determined by the fibre network owner and operator in its sole discretion, you will receive a quote from the contractor. Should you choose to proceed, you will be liable for any costs incurred. The bespoke build cost is directly payable to the applicable last-mile contractor.
Equipment Title and Ownership
- All equipment, more specifically the Wi-Fi router, supplied by Yutiliti always remains the property of Yutiliti.
- Upon termination of any Yutiliti service, all equipment supplied by Yutiliti to the client must be made available for recovery.
- Failure to make the equipment available for recovery after 30 days of cancelling the service will result in Yutiliti invoicing the client for the cost of the equipment.
- All hardware purchased from Yutiliti is covered by a 1 year carry in warrant, this included routers. All original packaging must be kept and returned to us with the faulty equipment. There is a R250 courier charge for the pickup and return of any faulty equipment.
- If the client damages the fibre cable, a cost of R 2800 incl VAT will be billed to your account
Yutiliti Router Settings, Router Options and Client Equipment
- Yutiliti routers are issued pre-configured with set passwords.
- Router passwords cannot be changed as this affects support capabilities.
- Should access to your router be a requirement you will need to:
- Buy your own router and Yutiliti will provide you with PPPOE (Point-to-Point Protocol over Ethernet) details.
- The router supplied by Yutiliti needs to be kept onsite for remote troubleshooting purposes. This router is not to be reset as this will incur a labour charge for your account billed at R 850 per hour (Incl VAT).
- Yutiliti cannot take responsibility for the performance of client owned equipment and/or faulty configurations on such equipment.
- If a custom network solution is required, Yutiliti Support can put you in touch with one of its trusted partners, please send your request to email@example.com.
Identity Verification Requirements (RICA)
- Use of the services may be subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). clients may be required to present, email or upload the relevant documents.
- Original identity document or driver’s license is acceptable.
- Non-South African citizens may submit a copy of their valid passport or international driver’s license.
- verification documents must contain photo identification.
- Failure to produce valid identification verification for an account will result in the product not being activated, regardless of any pro-rata amounts invoiced.
Capped Data Products
- Capped Data Products are only available to new Yutiliti clients.
- Existing Yutiliti clients will not be allowed to downgrade their service from an uncapped product to a capped product.
- If the Client exhausts the purchased bandwidth or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter
- Topup may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.
Roll over of data on Capped Products
- Data Top-Ups is valid until the end of the month of purchase. This is referred to as the “Initial Period”.
- The initial period will range from the date of purchase, until the end of that calendar month. The initial period will not exceed 31 days.
- Yutiliti will not rollover unused data.
- Clients who request a package change will forfeit any Top-Up data from their previous package.
- Top-ups of data will at the end of the calendar month and will not roll over, e.g. a Top-up purchased on 15 December will expire on 31 December.
- Yutiliti offers a notification facility for all Capped Data products. This facility is available in Client Portal.
- Clients will be opted-in to Notifications by default, in line with relevant legislation.
- Clients may opt-out or customise notifications in the Client Portal, and thereafter there will be no obligation or liability on the part of Yutiliti should a client not receive such information due to the settings they have chosen.
- Yutiliti will make every effort to deliver notifications as quickly and accurately as possible. However, Yutiliti cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Yutiliti has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.
- The onus is on clients to check their notification settings and amend as required in the Client Portal.
Monitoring of Usage
- Yutiliti takes steps to monitor the bandwidth usage of Clients so as to ensure that Client bandwidth limitations are not exceeded.
- Yutiliti further reserves the right to take such steps as may be necessary to properly monitor and calculate usage, including remotely terminating client sessions.
- Where a Client exceeds the pre-purchased bandwidth or fixed cap (where applicable) then:
- Yutiliti, at its sole discretion, may allow a degree of over usage;
- Such allowed over usage constitutes a discretionary indulgence and shall not in any manner constitute a waiver or relaxation of Yutiliti’s rights to enforce the hard cap.
- Yutiliti may, in its sole discretion, recover the cost of the over usage. Such recovery will be from the subsequent month’s fixed cap or the next top-up purchased.
- NOTWITHSTANDING THE MONITORING OF USAGE THE CLIENT AGREES THAT THEY REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT THEY DO NOT EXCEED THEIR ALLOWABLE BANDWIDTH DURING ANY APPLICABLE PERIOD.
- Yutiliti also monitors its systems for performance and accounting purposes. The information gained thereby and by any other means may be used to ensure compliance with the Service Terms and AUP.
Fair Usage Policy
- Services may only be used in a manner consistent with this Fair Usage Policy and failure to do so may be grounds for suspension or discontinuing the service.
- To protect the integrity and security of the service provided, we reserve the right to monitor it.
- Our bandwidth policy is not set in stone, but if a client is impacting the integrity of our service offering, we will need to work with the client to achieve a solution that works for both parties.
- We aim to always give clients the full burstable capacity of their links, both locally and internationally.
- Yutiliti services are sold on a “one line per client” basis and don’t allow aggregation using in-building networks.
- clients are not allowed to share/resell internet services with neighbors or nearby offices.
- clients are not allowed to run an ISP/WISP using Yutiliti internet services.
- Lines may not be used to carry backhaul traffic for other network operators.
- Unacceptable use:
- Any criminal, illegal or unlawful act.
- Any use which intentionally interferes with our ability to provide our services in any respect.
- Any use which intentionally interferes with our rights or the rights of any third party.
- Any use which is a breach of any other agreement we may have entered into with you or any policy or other terms and conditions which you have agreed to in connection with the use of our services.
- The use of the service to send unsolicited direct marketing communications in contravention of applicable law or which would cause us to be in contravention of the ISPA Code of Conduct.
- From time to time Yutiliti may need to apply rules relating to our Fair Usage Policy to the service ordered to ensure that our service is efficiently managed.
Indemnity and limitation of warranty
- The Customer agrees to indemnify Yutiliti (and its Affiliates) and at all times keep it indemnified against all losses, claims, expenses, damages, liabilities, actions demands, proceedings and judgements whatsoever in relation to or arising directly or indirectly out of the provision by Yutiliti of the Services, and the Customer will reimburse Yutiliti from time to time for all costs and expenses (including legal and other professional fees) that Yutiliti may reasonably incur in connection with investigating, preparing or defending any such action or claim, whether or not in connection with pending or threatened or actual litigation or arbitration in which Yutiliti is a party and whether or not resulting in any liability on its part, except to the extent that such action or claim is found in final judgement to be the direct result of Yutiliti’ fraud, gross negligence or breach of these Conditions.
- Subject to the provisions of the CPA to the extent that the CPA is applicable to these Conditions and to the Customer, Yutiliti will not be liable to the Customer, or any third party claiming through or on behalf of the Customer, in respect of any claim whatsoever, whether in contract, delict or otherwise, for any loss, damages, costs or expenses directly or indirectly incurred as a result of the provision by Yutiliti of the Services, except to the extent that such losses, damages, costs or expenses incurred by the Customer are found in final judgement to be the direct result of fraud, gross negligence or breach of these Conditions by Yutiliti. In these or any other circumstances, the maximum amount of the liability of Yutiliti in respect of such losses, damages, costs or expenses will be limited to the amount of Fees that have been paid to Yutiliti by or on behalf of the Customer in connection with the Services.
- Without limiting the generality of the clause above, Yutiliti will not (other than in circumstances of the gross negligence or fraudulent intent of Yutiliti) be liable for any damage or loss suffered by the Customer caused by and/or attributable to:
- the Services being interrupted, suspended or terminated, for whatsoever reason; and/or
- communications not being sent and/or received and/or transmitted timeously or at all for any reason whatsoever; and/or
- circumstances that constitute a force majeure event (as contemplated in clause 12); and/or
- the Customer’s failure to perform its obligations under these Conditions; and/or
- changes made to the Customer’s operating environment which were not communicated to Yutiliti; and/or
- a power failure or power interruptions at any site from where the Services or any component of the Services are rendered; and/or
- any failure or delay by the Customer to report problems or queries to Yutiliti’ call centre and/or
- the server and/or equipment of any recipient party being non-functioning for any reason whatsoever; and/or
- the failure of any hardware, software programme, operating system, application/s, networks, telecommunication lines and/or any other computer system (or any component thereof) of any third party on whom the supplier and/or the customer relies (whether directly or indirectly) to supply and/or receive, as the case may be the services;
- the unavailability of Yutiliti website for any reason whatever; and/or
- the Customer using the Service for any unlawful, improper or immoral purpose; and/or
- the unlawful or fraudulent accessing by a third party of the Customer’s telecommunication lines, PBX or other telecommunication equipment.
- Subject to any warranties that may be implied by the CPA to the extent that the CPA is applicable to these Conditions and the Customer, Yutiliti does not, make any representations nor, give any warranty or guarantee of any nature whatsoever, whether express or implied, in respect of the Services or the Equipment including but not limited to implied warranties of merchantability and fitness or suitability for any intended purpose, nor that the
- Services will be error-free, secure or uninterrupted.
By requesting and utilising the Services, the Customer consents to:
- Yutiliti recording and storing, in a secure manner, the Customer’s personal details for record-keeping purposes and in order to comply with its obligation in terms of these Conditions;
- Yutiliti providing the Customer’s personal details to any law enforcement agencies upon it being requested to do so;
- Yutiliti using location based services for any lawful or third party service;
- Cookies being stored to provide customized services (if any);
- certificates being stored;
- Yutiliti, third party vendors / partners redirecting the Customer to third party vendor payment processing partners; and
- Yutiliti making the Customer’s personal information available to its Affiliates, provided that such personal information will not be provided to or sold to any third parties which are not Affiliates of Yutiliti without the prior written consent of the Customer.
Invoicing and Payment
- Services are provided on a month-to-month basis.
- There is a delivery fee of R250 including VAT which will be charged to your account for the shipping of the router or any equipment by Yutiliti.
- Yutiliti will provide the Customer with a monthly Invoice on the Invoice Date.
- Unless the Customer notifies Yutiliti in writing (at firstname.lastname@example.org) within 3 days of receipt of an Invoice to the contrary, the contents of such Invoice will be deemed to be correct and will not be disputable.
- We try our best to keep our pricing up to date on the website and in the application process, but errors do happen. Please double check with our connect department for the latest pricing.
- The Fees must be paid by the Customer in full, without deduction or set off and free of bank charges on the Invoice Date, unless agreed otherwise by Yutiliti in writing or unless the Invoice has been submitted as a dispute
- Services are invoiced and paid monthly in advance through direct debit order.
- Your first invoice will include any pro rata line rental, your next month line rental, any installation, reconnection and hardware charges at the end of your first month.
- A direct debit mandate will need to be signed by you before any installation will be scheduled or a service is activated.
- Invoicing will commence the day the Yutiliti service is live.
- If you are unable to access the internet for any reason outside of the control of Yutiliti or due to the failure by a third-party invoicing will continue as if the service is active.
- If you are unable to access the internet as a result of Yutiliti’s failure and we have done everything reasonably in our ability to make the client live, invoicing will commence from the day we could reasonably have assumed that the client’s service is active.
- From time to time the fibre network owner and operator may change its pricing to Yutiliti, which will impact our price offering. Any changes in this regard will be communicated to the client. The Customer acknowledges and agrees that Yutiliti will be entitled, on 30 days’ written notice to the Customer, to increase the Fees payable by the customer in circumstances of the direct costs to Yutiliti in providing the Services (including, without limitation, the charges charged by the network provider(s) in respect of such services) being increased. The increases to the Fees shall be commensurate with the increased costs of providing the Services.
- Yutilti will not credit any customer because of Fibre downtime caused by maintenance on a fibre line, break in connection, power failures, slow speeds caused by FNO’s network, load shedding or any reason caused by third parties.
- Yutiliti will process authorised refunds to customers each Friday
Changes to Services and Cancellation Policy
- Service Upgrades:
- Upgrades are processed in within 48 hours (2 business days). You will be invoiced pro rata for difference in cost for the remaining period of the month.
- Service Downgrades:
- If you submit your downgrade request by 14h00 on the 24th of the month (or the previous working day if that falls on a non- business day) your line will be downgraded at the end of the same month.
- Service Cancellations:
- If you submit your cancellation request by 14h00 on the 24th of the month (or the previous working day if that falls on a non-business day) your line will be cancelled at the end of the same month.
- Changing Service Providers:
- There are no penalties charged for switching from a Yutiliti service to any other service provided by the (ISP) Internet Service Provider of the client’s choice on the fibre network.
- Cancellation Policy:
- Cancellation of your Yutiliti service without replacing it by another service from any ISP (Internet Service Provider) on the fibre network will attract a cancellation fee of R 1999 (Excl. VAT).
- Cancellation fee is applicable for a period of 12 (twelve) months from the date of commencement of your Yutiliti subscription.
SPAM, Safety, Unlawful Content and Activity
- We take spam and unlawful activity seriously
- Clients agree to not to send or promote the sending of spam
- If you think our service is being used to send or relay spam, please email email@example.com
- ISPA provides relevant information on how to protect yourself and your children from online threats:
- Cyber Safety Resources – https://ispa.org.za/safety/
- Resources for Children and Teens – https://ispa.org.za/safety/children-and-teens/
- Should you feel the need for assistance with any of the following acts please ask for assistance from ISPA:
- The Harassment Act (No. 17 of 2011)
- The Maintenance Act (No. 99 of 1998)
- Films and Publications Act (No. 65 of 1996) as amended
- We are obliged to take appropriate action where it becomes aware of any unlawful content or conduct
- ISPA is our agent for the purpose of receiving take-down notifications in terms of section 75 of the Electronic Communications and Transactions Act.
- The relevant details for ISPA are:
Internet Service Providers’ Association (ISPA)
Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Disclaimer and Limitation of Liability
- Yutiliti accepts no liability for any loss or damage to the property or equipment of the client arising out of the provision, installation or maintenance of its service.
- Application for, use of and subscription to Yutiliti services is at the sole risk of the applicant or client.
- Uncapped fibre data is not throttled or shaped. However, there may be circumstances beyond the control of Yutiliti that may affect performance, based on demand, service breakdowns or technical outages. During this time, some services may not perform optimally.
The Customer will not be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of the Conditions and/or the Services, in whole or in part, to any other party or person without the prior written consent of Yutiliti.
- No Party will have any claim or right of action arising from any undertaking, representation or warranty not included in these Conditions.
- No extension of time, relaxation or indulgence granted by Yutiliti to the Customer will be deemed to be a waiver or tacit amendment of Yutiliti’ or the Customer’s rights in terms hereof, nor will any such relaxation or indulgence be deemed to be a novation or waiver of the terms and conditions of these Conditions.
- Each of the provisions of these Conditions will be considered as separate terms and conditions and in the event that these Conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
- All costs, charges and expenses of any nature whatever which may be incurred Yutiliti in enforcing its rights in terms of these Conditions, including without limiting the generality of the aforegoing, legal costs on the scale of attorney and own Customer and collection commission, irrespective of whether any action has been instituted, will be recoverable on demand from the Customer against which such rights are successfully enforced and will be payable on demand.
- The validity of these Conditions, their interpretation, the respective rights and obligations of the parties and all other matters arising in any way out of these Conditions or their performance will be determined in accordance with the laws of South Africa.
- This Agreement supersedes and cancels any and all previous agreements between Yutiliti and the Customer relating to the subject matter hereof.