================================================================================ GENERAL TERMS AND CONDITIONS: SKYBER WIFI ENTERPRISES (PTY) LTD ================================================================================ Registration Number: 2018/610350/07 Website: www.skyberwifienterprises.co.za Contact Email: skyberwifi@gmail.com -------------------------------------------------------------------------------- 1. DEFINITIONS -------------------------------------------------------------------------------- 1.1. “Skyber Wifi Enterprises” means Skyber Wifi Enterprises (PTY) LTD Reg. No. 2018/310350/07. 1.2. “Customer” means a user, client, subscriber, or host of any Skyber Wifi Enterprises services. 1.3. “Agreement” means the contract between the client and the company in respect of the product or service contemplated on in the application form or website. 1.4. “Services” means any Skyber Wifi Enterprises internet access package and any other related internet services. 1.5. “Equipment” means any device, router, radio, antenna, cabling, brackets, or hardware used to access the services or used in conjunction with the services. 1.6. “Website” means www.skyberwifienterprises.co.za. 1.7. “Acceptable Use Policy” (AUP) means the policy, which is available on the Website and is incorporated by reference in this Agreement, that regulates the use of the services. 1.8. “Uncontrollable Event” means (including without limitations) any fire, flood, earthquake, lightning, elements of nature or act of God, riots, civil disorders, vandalism of high sites, load shedding, severe weather conditions, explosion, terrorist activities, war, actions of local or national governments, industrial disputes, or any other cause beyond the reasonable control of the company including the termination or suspension of a service or product provided by a network operator and/or third party suppliers, that may result in a delay or failure to provide any product or service. 1.9. “Network Coverage” means the geographical area within which the service can be accessed and used by you, as determined at the time coverage was established including any line of sight restrictions. 1.10. “EC Act” means the Electronic Communications Act, 2005. 1.11. “ECT Act” means the Electronic Communications Act and Transactions Act, 2002. 1.12. “ICASA” means the Independent Communications Authority of South Africa. 1.13. “Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust. 1.14. “NCA” means the National Credit Act, 34 of 2005. 1.15. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act, 2002. 1.16. “VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991. 1.17. “Acceptance Date” means the date on which you accepted the agreement, be that in writing or by way of electronic medium, for example by clicking or messaging “I agree” on a web page or via your mobile phone, or telephonic or verbal acceptance. 1.18. “Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa. 1.19. “Business Hours” means the hours between 08h00 and 17h00 on a Business Day. 1.20. “CPE” means customer premises equipment. 1.21. “LOS” means Line of sight is a type of propagation that can transmit and receive data only where transmit and receive stations are in view of each other without any sort of an obstacle between them. FM radio, microwave and satellite transmission are examples of line-of-sight communication. -------------------------------------------------------------------------------- 2. CONDITIONS OF ACCESS & CONTRACT TERM -------------------------------------------------------------------------------- 2.1. By signing up with Skyber Wifi Enterprises you agree, without limitation or qualification, to be bound by this policy and terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service / website. 2.2. The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. No changes or cancellation of this Agreement by the customer will be binding on any of the parties unless recorded in writing and signed by both parties, notwithstanding activation of the service. 2.3. The customer agrees that any invoices or notices sent by Skyber Wifi Enterprises to the customer in terms of any agreement concluded between the parties may be sent via e-mail, WhatsApp or sms unless otherwise prescribed by law. 2.4. The customer undertakes not to use services and / or equipment for illegal or improper purposes, and to maintain equipment only for the purpose for which it was manufactured. The customer may not make changes to equipment. The customer will comply with applicable laws including immaterial rights. 2.5. Agreement commences upon signing of this by both parties or via digital activation and will be binding on a month-to-month basis. Either party may cancel the agreement with written notice by e-mail or WhatsApp to the other party, subject to the notice requirements set forth herein. 2.6. The customer undertakes that he/she/they will not knowingly create, store or disseminate any illegal content, and commits to lawfully conduct him/her/themselves in the use of the services, including respecting copyright and intellectual property rights. 2.7. The customer undertakes that he/she/they will be responsible to manage and control the use of the service by minors able to access the network under his/her/their care. 2.8. The customer shall be liable to Skyber Wifi Enterprises for all legal costs incurred by Skyber Wifi Enterprises in enforcing Skyber Wifi Enterprises 's rights against the customer in terms of this Agreement, on the attorney and own client scale, including collection commission. 2.9. Skyber Wifi Enterprises reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use but undertakes to act reasonably in doing so. -------------------------------------------------------------------------------- 3. COMPANY OWNERSHIP OF EQUIPMENT & CUSTOMER LIABILITY -------------------------------------------------------------------------------- 3.1. Absolute Ownership: All installation equipment, including but not limited to the CPE, grid antennas, radios, mounting brackets, internal routers, wall boxes, and cabling provided by the company, remains the sole and exclusive property of Skyber Wifi Enterprises at all times. Equipment is deployed to the customer premises as a structural rental/hardware lease and is never sold to the customer unless explicitly stated otherwise in a separate cash purchase invoice. 3.2. Post-Installation Handover: Upon completion of the physical installation, a technical handover is finalized. Once the installation is finished, risk of loss, theft, or damage passes completely to the customer. The customer assumes full responsibility for the physical safekeeping, monitoring, and protection of all deployed hardware on their property. 3.3. Mandatory Insurance: The customer is strictly required to insure all company-owned equipment installed at their premises against theft, fire, lightning, storm, and accidental damage for its full replacement value. 3.4. Post-Installation Damage Fees: Should any company equipment be damaged, altered, or broken after the installation is finished—whether through negligence, physical tampering, unauthorized handling, pets, civil disruption, or power surges—the customer will be charged a standard repair or replacement fee. This fee consists of the actual market cost of the replacement hardware plus a fixed technician labour fee of R450.00. 3.5. Equipment Relocation & Modification Fees: Customers are strictly prohibited from moving, unmounting, altering, or tampering with the physical position of any cables, wall brackets, routers, or antennas. If a customer requires equipment to be moved, re-routed, or shifted to a different location on the property, they must log an official request. A mandatory relocation call-out fee of R750.00 plus material costs will be charged to the customer's account. 3.6. Power Protection Recommendation: All equipment carries a one-year manufacturer warranty, which explicitly excludes power supplies, PoE injectors, and lightning/surge damage. The company strictly recommends running all radio equipment through an active Uninterruptible Power Supply (UPS). Maintenance, replacement, or repair of hardware due to electrical power surges or load shedding spikes is entirely for the customer’s account. 3.7. Strict Penalties for Unreturned Equipment: Upon termination of this agreement by either party, the customer must return all company-owned hardware (CPE, routers, PoE injectors, and cables) in good working condition within 7 business days, or make the property fully accessible for scheduled technician collection. Failure to return or make the equipment available for collection will result in: a. An immediate Equipment Non-Return Penalty Fee of R2,500.00 or the current full market replacement value of the missing kit, whichever is higher. b. Immediate handover to a registered debt collection agency and credit bureau blacklisting. c. Criminal charges filed for illegal withholding of company property under South African law. 3.8. Customer Hardware Ownership: Customers are allowed to buy their own equipment and do their own installation as long as the equipment is strictlyICASA approved. Skyber Wifi Enterprises will not be liable for themaintenance of any of the client’s self-owned hardware and/or software,unless agreed to in writing by both parties and a quoted labour price isaccepted thereof. -------------------------------------------------------------------------------- 4. INSTALLATION & PROPERTY ACCESS -------------------------------------------------------------------------------- 4.1. We Skyber Wifi Enterprises will try to meet any date agreed with you for installation or activation of the services, but we may have to change the installation date given to you or activation may be delayed due to technical, signal, or weather constraints. We will try to notify you of any changes as soon as possible. 4.2. You agree that you or a person authorised by you (who is 18 or over) will be present when we install the equipment at your premises. 4.3. You authorise us to install, keep and use apparatus (including but not limited to equipment and additional equipment) at your premises and you agree that we and our employees, agents or contractors may enter your premises so that we can carry out any work that is necessary for us to connect, maintain, alter, replace, recover, or remove any apparatus necessary for us to supply the services you and others have asked for, and inspect any apparatus and equipment which you may keep there. 4.4. We agree to cause as little disturbance as reasonably possible when carrying out any work at your premises. 4.5. You agree not to do anything, or allow anything to be done, at your premises that may cause damage to or interfere with any apparatus or prevent use or easy access to it. 4.6. Where we provide equipment to you (on our account) it will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your premises. 4.7. Where we need to install equipment at your premises, we will make every effort to fit the equipment where you prefer. However, this may not be possible because of technical or other reasons (such as Line of Sight requirements). If this is the case, we will connect the equipment as we see fit. Please do not move any equipment. Should you wish to alter the routing of any existing equipment such as cables or wall brackets, you should contact us. 4.8. Where we do not need to install equipment at your premises, we will either send you all the equipment you need to connect to the services, or advise you of any additional equipment you need. If applicable, it is your responsibility to purchase the additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the equipment or additional equipment. 4.9. Where we have recommended additional equipment for use with the services and you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment you choose, nor can we provide installation or ongoing support in respect of that equipment. 4.10. To provide the services, the equipment (e.g. a wireless router) must be connected to equipment belonging to you (e.g. a computer). We are not responsible for your equipment working properly. You agree to provide and pay for suitable facilities and all necessary electrical and other installations and fittings (including fly-leads, software, extension cables) for the equipment. You must follow our instructions for this. 4.11. Where we need to set up any services on your equipment you authorise us to have access to your equipment to perform such set-up (which may include the installation of software) and to check that those services are working properly. You confirm that you will have prepared your equipment, and will follow our instructions to prepare your equipment, so that we can perform the set-up properly. It is your responsibility to keep back-up copies of any important data stored on your equipment prior to the set-up of any services by us on your equipment. 4.12. You are responsible for applying for any consents, body corporate approvals, or landlord permissions necessary for us to connect and maintain the equipment at your premises (for example, any permission necessary to install aerials). We are not obliged to install or provide the services unless all consents and permissions have been obtained. 4.13. Any equipment which you own and which you connect to the system (for example, phones, computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment. 4.14. We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment. 4.15. You are responsible for making sure that our equipment is safe and used properly at all times. To do this, you agree to follow the manufacturer's instructions and any other instructions we have given you, and keep the equipment in your premises and under your control. 4.16. Skyber Wifi Enterprises obligation to provide the services is subject to survey. If a survey shows that the services cannot be installed or connected at your premises, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate these agreements. You will be notified of this as soon as possible after the survey. 4.17. Skyber Wifi Enterprises shall not be under any liability whatsoever to you for any failure to provide the services in these circumstances but will refund you for any payments you have already made to us for installation of the services. 4.18. We do not have to connect the equipment at your premises or otherwise keep to these agreements if: a. your premises is outside our service area or in a part of our service area where no signal is available or we are unable to activate the services; b. you do not qualify under our current credit policy; c. you are not able to be a customer because you have previously misused our services. 4.19. Liability Disclaimer: Skyber Wifi Enterprises does not take any responsibility for pre-existing structural issues, cosmetic flaws, or accidental damage to any property or equipment during the standard installation or maintenance of the Skyber Wifi Enterprises equipment on your premises. -------------------------------------------------------------------------------- 5. SERVICE USAGE & NETWORK MANAGEMENT -------------------------------------------------------------------------------- 5.1. If you keep to the terms of these agreements, we will provide you with the services. 5.2. As well as these terms and conditions, the services have other legal documents which apply to the services and their use, as published by us on the Skyber Wifi Enterprises website. These may be updated from time to time so please check the website regularly. This includes our 'acceptable use policy' and 'traffic management policy'. 5.3. You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges (unless the charges result from fraud by someone else which you could have had no control over). For example, if someone who has access to your premises uses the services, they will be considered to be within your control and you will be liable for those charges. If you become aware of any fraud by someone else, you must tell us as quickly as you can. 5.4. Under no circumstances should you give your passwords to anybody else (unless you're happy for them to use your account and add charges on your account). 5.5. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services. 5.6. You acknowledge that we cannot guarantee you will be able to have and use any wireless name (SSID) you request and we may require you to select a replacement name if we believe that your choice is in breach of our acceptable use policy. 5.7. Any IP address allocated by us to you will at all times belong to us and you may not transfer the address to any person. If these agreements end, your right to use the Internet address shall automatically terminate. 5.8. Skyber Wifi Enterprises will provide any maintenance services during normal working hours that we believe are necessary for the system and equipment to work properly. 5.9. Skyber Wifi Enterprises will always aim to provide you with the best service possible, but we will not be liable for interruptions, capacity drops, or other problems with services that are beyond our reasonable control. 5.10. You agree that you will tell us about any fault in the services by contacting our technical services team, who will aim to respond as promptly as possible. In many circumstances it is possible to correct a fault over the phone. If this is not possible, we will send a technician to correct the fault (additional call-out charges apply if the issue stems from customer equipment or negligence). 5.11. If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if the maintenance necessary is the result of misuse or neglect of the equipment, or a fault associated with your own equipment, we will be entitled to charge you a service fee. 5.12. We are not responsible if you are not able to use the services because your own equipment (for example, your computer, network interface card, printer, or router) does not work properly, is not compatible with the system or does not meet minimum specifications, or because of faults in any public communications provider's network. 5.13. Network Abuse & Fair Usage: Users may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, or createan unusually large burden on our network. This includes continuously uploadingor downloading streaming video or audio, continuous FTP uploading/downloading,or otherwise generating traffic sufficient to impede others' ability to usethe services in an abusive manner. Excessive Peer-to-Peer (P2P) and Torrenttraffic must strictly be restricted to off-peak hours between 12:00 AM and05:00 AM. Failure to comply allows the company to throttle, suspend, reshape,or reduce your bandwidth without notice. 5.14. We can terminate the service at any time if we decide to discontinue theservice offering for any reason whatsoever, without any further liability to you. 5.15. Demarcation Point: Skyber Wifi Enterprises provides a best-effortservice and cannot always guarantee maximum purchased capacity due toenvironmental factors. Speeds are indicative, non-guaranteed, and asymmetrical.Skyber Wifi Enterprises' responsibility for the link ends strictly at the CPEunit installed on the client’s roof or outer wall. Internal home networking,Wi-Fi coverage drop-offs, and internal device configurations are entirely thecustomer's responsibility. -------------------------------------------------------------------------------- 6. PROTECTION OF MINORS & PROHIBITED ACTS -------------------------------------------------------------------------------- 6.1. You are responsible for the way the services are used. You must not use the services to do any of the following acts or allow anyone else to use the services to do them: a. Send a message or communication that is offensive, abusive, defamatory, obscene, menacing, or illegal; b. Cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person; c. Perform any illegal activity or break the security of anyone else's equipment, hardware, or software; d. Deliberately receive, use, own, post, transmit or publish obscene material (including child pornography); e. Upload, download, post, publish or transmit any information or software protected by copyright without permission; f. Use any IP address that we have not assigned to you, or impersonate other users; g. Use the services in a way that risks degradation of service levels to other customers or puts our systems at risk. 6.2. We are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent regulatory authority. 6.3. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with misusing the services supplied to you. 6.4. Where a usage allowance is allocated to you, you are responsible for making sure you do not exceed it. If you exceed it, we reserve the right to re-grade the services at the appropriate charge. 6.5. Some parts of the services enable access to third-party content. We are not responsible for any such third-party content or services. -------------------------------------------------------------------------------- 7. BREACH, PAYMENT, & TERMINATION -------------------------------------------------------------------------------- 7.1. Hacking, attacking, gaining access to, breaching, circumventing, or testing the vulnerability of user authentication or security of any host, network, server, or data without express authorization is strictly forbidden. Using networking software to bypass standard Skyber Wifi Enterprises configurations is a criminal offence and will be prosecuted. 7.2. Payment Terms: Installation kits, installation fees, and hardware costs must be paid upfront. Monthly internet services must be paid in advance. All packages run on a Month-to-Month basis. 7.3. Payment Due Date: Payment is due before the 3rd day of each new month. Payments not received by the 3rd of each month will automatically be treated as a Cancellation of services for that month, and Skyber Wifi Enterprises has the right to automatically disconnect and temporarily suspend the line. 7.4. Reconnection Fee: A R100.00 reconnection/reinstatement charge applies for each occurrence in which Skyber Wifi Enterprises restores service after suspending it for non-payment. 7.5. Late Payment Interest: Any invoice or monthly balance outstanding after the 3rd of the month will automatically accrue default interest at a rate of 2% per month (24% per annum) compounded monthly, calculated from the due date until full payment is received, as permitted under the National Credit Act for incidental credit. 7.6. Payment Reference: When paying via EFT or cash deposit, customers are required to use their Name and Surname as the payment reference, and email proof of payment to skyberwifi@gmail.com or send it via WhatsApp. 7.7. Provider Termination: This Agreement, the license provided herein, and the Customer's right to use the Service may be terminated by the Provider at any time for violations of provisions contained in this Agreement. 7.8. Customer Termination Notice: Customer may terminate this Agreement at any time upon providing a 30-day written notice to the Provider via email or WhatsApp, and upon the safe physical return of the Provider’s equipment and connecting cables pursuant to the penalties outlined in Section 3. Customer's final bill will be prorated for any prepaid service which may offset outstanding balances. 7.9. This agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, legal representatives, successors and assigns, except that it may not be assigned by the Customer. 7.10. This document and the Customer’s current monthly service plan constitute the entire agreement between the Provider and the Customer. This agreement may not be modified except in writing and when signed by duly authorized representatives of both parties.