011 568 2143 support@simsciex.co.za

Terms & Conditions

1.1. Acceptable Use Policy

1.1.1. All Simsciex customers are subject to Simsciex’s Acceptable Use Policy, whereby Simsciex reserves the right to take necessary action to prevent improper, excessive, or abusive use of the product and/or service. Such action includes, but is not limited to, throttling, suspension, or deactivation of a customer’s usage where usage is deemed excessive, fraudulent, and/or in contravention of the law. For further details, please refer to the Simsciex website.

1.2. Upgrades

1.2.1. Simsciex customers who elect to upgrade a service contract for the same bearer service within the period of a promotional offer will not receive additional promotional value (e.g., installation, connectivity, or equipment).

1.2.2. Existing Simsciex customers may upgrade their service to a package of the same spend or higher on the same bearer service at no additional charge.

1.2.3. The number of allowed upgrades within a period will be defined within each Product Specific Terms and Conditions.

1.3. Downgrades

1.3.1. A downgrade charge will apply if a customer chooses to downgrade to a lower speed product on the same bearer service. The downgrade charge will be based on an applicable regrading fee specified in the Product Specific Terms and Conditions and the pro-rated value of any promotional items on the higher priced product.

1.3.2. The number of allowed downgrades within a period will be defined within each Product Specific Terms and Conditions.

1.4. Migrations

1.4.1. Bearer Service Migrations

1.4.1.1. A customer migrating from a product on one bearer service to a product on a different bearer service will be required to cancel the initial product, pay any applicable claw-back charges for that product, and return any rental Equipment before signing a new contract for the product on the new bearer service.

1.4.2. Product Migrations on the Same Bearer Service

1.4.2.1. Customers will not be allowed to migrate a product to another which has been discontinued or has reached end-of-life.

1.4.2.2. Customers who elect to migrate between residential products and business products are required to cancel their existing contracts, subject to applicable claw-back charges and the return of any rental Equipment, before signing new contracts for the new products.

1.4.2.3. Customers will be able to migrate between products on the same bearer service in Simsciex Territories where Simsciex can offer the same bearer service from different infrastructure providers (e.g., in territories where Simsciex-owned Fibre infrastructure and open-access partner Fibre infrastructure have been deployed). These migrations may be subject to Installation and new Equipment charges where the existing installation and Equipment do not meet the connectivity requirements.

1.4.2.4. Cancellation fees will apply if the subscriber migrates from the internet before a specified period.

1.4.3. Physically Moving a Service

1.4.3.1. If a customer moves a service with fixed infrastructure and/or Equipment from one premises on one network to another premises on the same network within an existing claw-back period, the Agreement will remain in place for the duration of the initial term. No additional promotional value will be given, and any new installation and equipment required to relocate the service to the new premises will be charged to the customer in full. If the customer elects to change to a new package at the new premises as part of moving the service, it will be regarded as an upgrade or downgrade, and the relevant terms and conditions will apply. If the move takes place after the claw-back period, it will be considered a new agreement.

1.4.3.2. If a customer moves a service from one premises which does not require any fixed infrastructure to another which does, any additional cost of Equipment or Installation required will be charged in full to the customer (e.g., if an LTE-A customer moves from an area where the coverage is sufficient to not require any fixed antennas or outside Equipment, to an area where additional Equipment is required to have sufficient connectivity to the LTE-A network, the cost of the additional Equipment and Installation will be charged to the customer).

1.5. Cancellations

1.5.1. A cancellation charge will apply if a customer cancels the service prior to the expiration of the applicable claw-back period. The cancellation charge will be based on applicable Equipment, Connectivity, and claw-back for the product. All amounts currently due and owing will be included in the charge. Any rental Equipment included in the service not returned to Simsciex upon cancellation will be charged for as stipulated in the product terms and conditions.

1.5.2. Customers are required to provide one month’s notice in writing before canceling the product and/or service.

1.6. Suspensions

1.6.1. Simsciex reserves the right to suspend billing, with notice to the Customer, if Simsciex has not received payment in full. Any account with an outstanding balance three days post the due date shall be suspended. A notification will be dispatched to the customer 24 hours after the due date, alerting them of potential service suspension within three days if payment is not received.

1.6.2. Simsciex reserves the right to credit vet all overdue accounts.

1.6.3. Where a customer’s account has been suspended, they will not have access to the internet.

1.6.4. A suspended Simsciex Account may be reactivated subject to payment of the full outstanding amounts.

1.6.5. Additional collection fees will apply if the customer has been handed over to collections.

IMPORTANT NOTE REGARDING AMENDED TERMS AND CONDITIONS

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED AS OF DECEMBER 1, 2024.

  1. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limit and exclude liabilities, obligations, and legal responsibilities which Simsciex Technologies (referred to as “Simsciex”) will have towards Customers and other persons.
  2. These Terms and Conditions also limit and exclude Customers’ rights and remedies against Simsciex Technologies and place various risks, liabilities, obligations, and legal responsibilities on Customers.
  3. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts, and Simsciex Technologies may also have claims and other rights against Customers.
  4. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
  5. The Customer must read these Terms and Conditions. Utilization of the Simsciex Technologies Fibre-to-the-Home Services (Simsciex WTTH/ AFTTH) will constitute agreement to comply with these Terms and Conditions.

1.7. Simsciex Fibre to the Home Service

1.7.1. Simsciex Technologies is offered as a broadband best-effort service subject to natural contention in the network.

1.7.2. The service is offered as a best-effort uncapped service without traffic shaping and without Quality of Service (“QoS”) implementation.

1.7.3. The base WTTH/ AFTTH offer will only include Layer 3 internet access and support general consumer-grade value-added services, including but not limited to voice services.

1.7.4. Line speed offerings will be subject to those provided by the underlying Fibre Network Operator (“FNO”) on which the order is placed.

1.7.5. In addition to these Terms and Conditions, the use of Simsciex Technologies is subject to the following:

1.7.5.1. Simsciex Technologies General Terms and Conditions;

1.7.5.2. Simsciex Technologies Privacy Policy;

1.7.5.3. Simsciex Technologies Acceptable Use Policy;

1.7.5.4. Terms and Conditions specific to a price plan; and

1.7.5.5. Terms and Conditions applicable to a specific promotion.

1.7.6. The above-mentioned terms and conditions and policies are available and accessible on our website.

1.7.7. Simsciex Technologies can only provide Fibre services in an area where there is an MTN Fibre network or where Simsciex Technologies has partnered with an FNO.

1.7.8. Where Simsciex Technologies has partnered with an FNO, the provision of the Simsciex Technologies service is subject to the FNO verifying the coverage details after the order has been placed with Simsciex Technologies. Simsciex Technologies consists of the residential price plans available on our website for residential customers requiring WTTH/ AFTTH services in qualifying Simsciex Territories, available as of August 20, 2024.

1.8. Placing of Orders

1.8.1. Customers can place orders for Simsciex Technologies either online, through the Simsciex Technologies online platforms, or through an authorized representative of Simsciex Technologies.

1.8.2. All orders, placed online or through an authorized representative, are subject to acceptance by Simsciex Technologies.

1.8.3. The acceptance of the order will depend on, amongst other factors, the correctness of the product-related information reflected on the order; the availability of Fibre network in the specified location; credit vetting; and receipt of payment or a payment authorization.

1.8.4. As the service is intended for residential use only, orders placed in the names of juristic persons (i.e., businesses and trusts) will not be allowed.

1.8.5. The Simsciex Technologies order process makes provision for a feasibility and coverage check. Simsciex Technologies will not allow an order to be placed without a successfully validated coverage check.

1.8.6. Simsciex Technologies reserves the right to obtain information regarding the Customer’s creditworthiness from third parties (e.g., credit bureaus and authorized agents) after the Customer has placed the order. An order may be accepted or rejected based on the information received from credit bureaus.

1.9. Service Activation

1.9.1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Simsciex Technologies Account being activated.

1.9.2. RICA requires the customer to provide full names, surname, identity document number, and residential address, together with the relevant supporting documents, to a RICA Officer.

1.9.3. The activation of the service is subject to the Customer accepting Simsciex Technologies’ latest terms and conditions.

1.10. Contract Commencement and Duration

1.10.1. The Simsciex Technologies  WTTH/ AFTTH contract commences on the date of activation.

1.10.2. The Simsciex Technologies WTTH/ AFTTH contract will remain in force on a month-to-month basis.

1.10.3. Customers who sign up for Simsciex Technologies WTTH/ AFTTH have the right to a cooling-off period of five (5) days from the day of service activation. During this period, the consumer may cancel the Simsciex Technologies WTTH/ AFTTH contract (for whatever reason), subject to the following:

1.10.3.1. Return all hardware received as part of the agreement, or request a settlement amount and keep the hardware.

1.10.3.2. Payment of a cancellation charge of R899.00.

1.11. Installation, Equipment and Connectivity

1.11.1. Simsciex Technologies will supply a Wi-Fi router to the Customer on a free-to-use basis. This means that the Customer must return the equipment upon cancellation of Simsciex Technologies WTTH/ AFTTH.

1.11.2. Ownership of the Wi-Fi Router will remain with Simsciex Technologies for the duration of the Simsciex Technologies WTTH/ AFTTH contract.

1.11.3. The risk of loss, damage, or theft of the Wi-Fi Router will transfer to the Customer upon delivery of the equipment. Where a customer loses, damages the equipment, or the equipment is stolen, they will be liable to pay the replacement value of the equipment at the time of loss, damage, or theft. Simsciex Technologies will provide another device and reserves the right to provide a refurbished device.

1.11.4. Simsciex Technologies will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) to provide its WTTH/ AFTTH services.

1.11.5. Customers may make use of their own devices but may be subject to limited support as a result of limitations in compatibility with Simsciex Technologies systems.

1.11.6. Where Customers elect to use their own equipment and devices, the customer must maintain and operate compatible equipment and devices required to access the Simsciex Technologies services. To that end, Simsciex Technologies makes no warranties, either express or implied, regarding such customer equipment.

1.11.7. Where a customer requires non-standard installation, the customer will be liable for the additional costs of installation. These additional costs will be specified in the quotation prior to commencement of installation and must be settled prior to activation. These additional costs could be quoted directly by the FNO for their costs.

1.11.8. Installation and connectivity costs are determined by the FNO. The Customer will be advised of the cost prior to activating the Customer’s Simsciex Technologies WTTH/ AFTTH Account.

1.11.9. If additional cabling is necessary, the Customer will be responsible for the extra costs incurred. The Customer will be informed of the associated cost and provided with an invoice. Once the invoice is settled, the cabling installation will proceed. These additional costs could be quoted directly by the FNO for their costs.

1.11.10. The Customer will be required to grant Simsciex Technologies field service agents and their representatives access to work, internally and externally, at the customer premises for installations and maintenance. Therefore, the Customer must ensure that they have obtained all necessary consent and authorizations, including planning permission where required, from landlords, tenants, and other occupants.

1.11.11. The Customer accepts that cabling, mounts, poles, conduits, and fixings will be used to complete the installation, and that these become the property and responsibility of the customer once the installation has been signed off. This excludes network equipment like infrastructure provider-installed Optical Network Terminal (“ONT”). It is the customer’s responsibility to ensure that these are maintained in operational condition to maintain safety and proper working of the service.

1.11.12. If the Customer needs to relocate the fiber installation point or ONT (Optical Network Terminal) to a different location within the current premises, the Customer will be responsible for the associated costs.

1.11.13. Equipment supplied by Simsciex Technologies carries a warranty for defects that render the equipment reasonably unsuitable for the purpose it is generally intended.

1.11.14. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion.

1.11.15. If equipment supplied by Simsciex Technologies becomes defective:

1.11.15.1. the Customer must return the equipment to Simsciex Technologies.

1.11.15.2. Simsciex Technologies will have the equipment repaired or replaced.

1.11.16. Simsciex Technologies reserves the right to replace equipment with refurbished equipment.

1.11.17. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user-induced or out of warranty.

1.12. Billing and Payment

1.12.1. Subject to the conditions in clauses 7.9.1, 7.9.2, and 7.9.3 above being met, billing of the Simsciex Technologies account will be triggered once the services have been installed and tested, including instances where a pre-configured router has been couriered to a Customer to perform a self-installation.

1.12.2. Simsciex Technologies will bill the customer for monthly subscription charges in advance from the time the service has been activated.

1.12.3. Where a Simsciex Technologies Account is activated before the end of a billing cycle, the Customer will be liable for a pro-rated subscription.

1.12.4. The Customer will be billed in advance for any additional hardware and services.

1.12.5. The Customer must pay amounts due into Simsciex Technologies’ bank account by the due date indicated on the invoice. If a Customer pays by debit order or other electronic means, their bank or third party is their agent. The Customer carries the risk of payment until Simsciex Technologies receives payment into their account.

1.12.6. Simsciex Technologies reserves the right to charge a debit order fee of R11.50 (excluding VAT) for each unsuccessful debit order transaction.

1.12.7. Where two (2) consecutive debit orders are unsuccessful, Simsciex Technologies reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate.

Customers must request a refund via email to billing@simsciex.co.za or telephonically on 011 568 2143.

1.12.9. Accounts with credit balances less than three months of the monthly subscription value can be utilized for future payments provided that the account still has an active subscription.

1.12.10. Accounts with credit balances whose value is more than three months of the monthly subscription value and still have an active subscription, can be refunded.

1.12.11. Credit balances on deactivated and deceased customer accounts may be refunded, provided there are no further billable transactions due on the account. Only the account holder will be refunded upon the supply of proof of banking details in the account holder’s name that is not older than three months.

1.12.12. The deceased estate representative of the customer’s estate must request a refund in writing and provide proof that they are the representative of the deceased estate and supply proof of banking details of the estate trust account that is not older than three months.

1.12.13. Customers are required to submit payment arrangement requests either via email to billing@simsciex.co.za or telephonically on 011 568 2143. Furthermore, each customer is limited to a single payment plan at any given moment.

1.12.14. If the customer is overdue and has no payment arrangement, no additional services and no upgrade to other packages can be affected until their account is up to date. Only downgrades may be performed on overdue customers.

1.13. Suspension Rules

1.13.1. Simsciex Technologies reserves the right to suspend billing and radius provisioning, with notice to the Customer, if Simsciex Technology has not received payment in full.

1.13.2. Where a Customer’s account has been suspended, they will not have access to the internet.

1.13.3. A suspended Simsciex Technologies Account may be reactivated subject to payment of the full outstanding amounts due and a re-connection fee which is equivalent to the FNO activation charge.

1.13.4. Where suspension continues for a period of 60 consecutive days or more, Simsciex Technologies reserves the right to deactivate the Simsciex Technologies Account subject to the FNO’s deactivation rules.

1.13.5. Any account with an outstanding balance three days post the due date shall be suspended. A notification will be dispatched to the customer 24 hours after the due date, alerting them of potential service suspension within three days if payment is not received.

1.13.6. A Customer may not request their Simsciex Technologies Account to be suspended whilst they are in contract, as Simsciex Technologies does not allow any kind of payment holiday arrangement.

1.14. Migration Rules

1.14.1. Customers may upgrade their services to higher priced packages at the same premises, effective immediately, subject to payment of the difference in package price, prorated until the next billing date.

1.14.2. Customers can upgrade without a charge for the first upgrade. Subsequent upgrades will be charged at the prevailing FNO Regrading Rates.

1.14.3. If a Customer has already received promotional value (such as free installation), they will not be eligible to receive additional promotional value when they upgrade to a service package offering the same promotional value.

1.14.4. Where a Customer upgrades to a package offering different promotional value, Simsciex Technology reserves the right to recover the balance of the cost of the promotional value on the old package before any new promotional value can be provided to the Customer.

1.14.5. Customers may downgrade their services to a lower priced package at the same premises. Downgrades require one calendar month’s notice and will take effect at the start of the next billing month. Some Fibre Network Operators may charge fees for downgrades, which will be passed on to the customer.

1.14.6. Simsciex Technologies reserves the right to recover the remaining balance of any promotional value given to the Customer upon downgrade.

1.15. Relocation Rules

1.15.1. Customers may relocate their services from one premises to another, subject to the following conditions:

1.15.1.1. The initial Simsciex Technologies contract will be terminated subject to cancellation rules set out in clause 7.17 below.

1.15.1.2. Simsciex Technologies, at its discretion, may waive or reduce the cancellation fee, upon request.

1.15.1.3. A new order will be created for the new premises, and all the rules applicable to orders, as set out in clause 7.8 above, will apply.

1.16. Transfer of Ownership

1.16.1. Customers may transfer their Simsciex Technologies Accounts to another person subject to the following:

1.16.1.1. All outstanding amounts, including amounts that Simsciex Technologies is entitled to recover during the claw-back period, must be settled by the Customer; and

1.16.1.2. The transfer of the Simsciex Technologies Account is subject to the new Customer accepting Simsciex Technologies’ latest terms and conditions.

1.16.1.3. The address remains the same.

1.17. Cancellation Rules

1.17.1. The Customer may cancel Simsciex Technologies at any time by giving Simsciex Technologies one calendar month’s notice.

E.g., A cancellation request made on the 28th of June will take effect at the end of July. A cancellation request made on the 1st of July will take effect at the end of August. If the last day of the month falls on a weekend, the cancellation request should be submitted by the preceding Friday, by no later than 2 PM.

1.17.2. The notice must be communicated via email on the ClientZone or must be emailed to info@simsciex.co.za.

1.17.3. Simsciex Technologies reserves the right to recover any outstanding amounts, including amounts recoverable in respect of promotional value received within the claw-back period, and the value of any lost or damaged equipment (replacement value at the time of cancellation).

1.17.4. Should the Customer cancel their Simsciex Technologies service less than 12 months from activation, the Customer will be charged a cancellation fee of R899 (inc VAT), and this charge shall not be amortized over the said 12 months.

1.17.5. Customers who cancel Simsciex Technologies WTTH/ AFTTH service less than 12 months from activation will be liable to return the router to Simsciex Technologies at their own cost upon cancellation, within 5 working days, in a reasonable and working condition, or they will be invoiced a replacement value of R1000 (inc VAT).

1.17.6. Simsciex Technologies will instruct the relevant FNO to release the line only once the Simsciex Technologies Account has been settled in full.

1.18. Service Interruptions and Support

1.18.1. As a result of the nature of the GPON Fibre network and the reliance on Open Access Fibre Network Operators, vendors, and their partners, Simsciex Technologies is not able to offer service level agreements with the residential Fibre service. Simsciex Technologies will, however, endeavor to meet the following service level commitments:

1.18.1.1. Critical network outages affecting an estate or suburb restored within 4 (four) business hours;

1.18.1.2. Major network outages affecting 100 (one hundred) or more Customers restored within 8 (eight) business hours;

1.18.1.3. Minor network outages affecting 10 (ten) or more customers restored within 24 (twenty-four) business hours; and

1.18.1.4. Individual residential Customers restored within 72 (seventy-two) business hours.

1.18.2. The Simsciex Technologies contact center is available on 011 568 2143 or WhatsApp 011 568 2143 during the following time periods:

Technical Support: 08:00 to 20:00 (Monday to Sunday)

Account Queries: 08:00 to 17:00 (Monday to Friday)

Sales and Order Follow-up: 08:00 to 18:00 (Monday to Friday), and 08:00 to 14:00 (Saturday)

1.18.3. Where a call-out can be attributed to a fault caused by the Customer, the customer will be charged a call-out fee.

1.19. Changes to the Service and Terms and Conditions

1.19.1. Simsciex Technologies reserves the right at any time to modify, suspend, or discontinue the services, with notice, without liability to the Customer or any third party.

1.19.2. Simsciex Technologies reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice.

1.19.3. As changes will be posted on the Simsciex Technologies website, the Customer’s continued use of the products and/or services will be deemed acceptance of the amended rules.

1.20. Limitation of Liability

1.20.1. Subject to a fixed limit, Simsciex Technologies only accepts liability for direct loss or damages suffered by the Customer, for which Simsciex Technologies is responsible in terms of law, with the exception of loss or damages (direct or indirect) caused by:

1.20.1.1. Simsciex Technologies’ failure to supply or deliver equipment or services on the required date and/or time.

1.20.1.2. The suspension, interruption, or cancellation of Simsciex Technologies WTTH/ AFTTH through no negligence or failure by Simsciex Technologies (and its representatives and agents).

1.20.1.3. The legal suspension of the Customer’s Simsciex Technologies WTTH/ AFTTH.

1.20.1.4. Any acts or omissions by Simsciex Technologies and its representatives or agents that are beyond its control.

1.20.1.5. The Customer’s use of any equipment supplied to them by Simsciex Technologies.

1.20.2. Simsciex Technologies’ cumulative maximum liability for all claims, actions, demands, and proceedings, irrespective of the cause, is limited to one month’s subscription payable in terms of the Simsciex Technologies contract.