Connectivity Terms of Use

General

These terms and conditions govern the use of all of the Technolutions Connected Services (PTY) Ltd connectivity services or any products that are accompanied by connectivity services. Technolutions Connected Services (PTY) Ltd offers both capped and uncapped fibre services – please visit our website and go to our connectivity page for more information so that you can decide which product best fits your needs.

Your contract with Technolutions Connected Services (PTY) Ltd is a legally binding document by which you agree to make use of our services in terms of the conditions of this Agreement.

You (the customer) or someone specifically appointed by you (the customer’s agent) must certify that you or the agent is above the age of 18 years, has full contractual capacity and is duly authorised by you as the Applicant to contract on your behalf.

Applicable Documents

The following legal provisions apply to the provision of the Technolutions Connected Services (PTY) Ltd services and are binding on any subscriber to such service:

Service availability and confirmation of service availability

There must be fibre feasibility in your area of work or stay in order to subscribe to our fibre service. It’s best to confirm the availability on e-mail to hello@tcsinternet.co.za. Service availability to any applicant is further subject to:

Any credit checks which Technolutions Connected Services (pty) Ltd may, in its sole discretion, choose to carry out. For this purpose the applicant hereby authorizes Technolutions Connected Services (PTY) Ltd to conduct credit checks and provide relevant information to any credit bureau as may be required for this purpose; and
The applicant must comply with RICA customer registration requirements.

Installation/Migration Costs and Routers

Installation and/or Activation costs may be applicable based the Fibre Network Operators installation cost which is passed on to the end-customer.
A fee may be applicable on line migrations
Free-to-Use routers are pre-configured and couriered to the end-customer. Free-to-Use routers remain the property of Technolutions Connected Services (PTY) Ltd and are free to use for the duration of your subscription. Should you fail to return the Free-to-Use router at the termination of your subscription, the cost will be recovered and charged against your account.

Support

Support Channels and Contact Details are support@tcsinternet.co.za, 021 203 5223 or alternatively whatsapp only line +27 82 738 2873

Wi-Fi and IT Support

Technolutions Connected Services (PTY) Ltd cannot guarantee speeds over a wireless connection. The performance of wireless connections are influenced by the environment and the quality is susceptible to external interference. Technolutions Connected Services (PTY) Ltd’s responsibility ends at your router and your IT service provider will need to investigate issues beyond the router. Technolutions Connected Services (PTY) Ltd will only accept speed tests from using the technolutions (PTY) Ltd speed test server that has been done using http://www.speedtest.net. This needs to be done with a network cable plugged into the router and NOT over a wireless connection.

A speed test performed on a device is merely an indication of the speed that device is experiencing, and does not necessarily measure the speed of the service provided at the termination of the fibre. Put simply, unless the speedtest is performed at the termination point while no other devices are using the connection, it will not provide a reliable measure of the service speed.

Customers should expect to pay more if they need repairs to their service to be prioritised by an FNO or Technolutions Connected Services (PTY) Ltd. A customer working from home should consider investing in a business level service if the reliability and performance of the connection is crucial for that customer’s work.

Technolutions Connected Services (PTY) Ltd has no obligation to optimise a customer’s home network configuration unless the customer is buying such a service. Helping a customer to set up a home network properly is not a default part of an Internet access service.

On-Premises Fibre Equipment – Customer Premises Equipment (CPE)

The Customer Premises Equipment, (CPE) including Access Terminal Box, (ATB), Optical Network Terminal (ONT), ONT Power Supply and any cables provided by the FNO at the home or business, remains the property of the respective Fibre Network Operator. Damage, loss, removal of any Fibre Network CPE at the home or business will be charged for at the rate the Fibre Network Operator charges Technolutions Connected Services (PTY) Ltd. Please note power supplies supplied with Wi-Fi Routers and ONTs are not covered under warranty. It is recommended that a small UPS is run on your network to power your ONT and Wi-Fi Router.

Payment and payment terms

Service fees are payable to Technolutions Connected Services (PTY) Ltd monthly in advance through a debit order. Payment is due on the last working day of each and every calendar month. Billing will begin on the date on which service provision starts.

All account queries needs to be directed to accounts@tcsinternet.co.za, alternatively 021 203 5223 extension 3.

Term and termination

Technolutions Connected Services (PTY) Ltd either operates on month-to-month contracts or fixed term contracts for FTTH, (Fibre to the Home) and FTTB, (Fibre to the Business), otherwise stated 1 or 2 year contracts for FTTB, (Fibre to the Business). FTTH which may be cancelled on receipt of a written notice 30 days before the termination date which will be the end of the month.

Technolutions Connected Services (PTY) Ltd reserves the right to terminate this Agreement and any service provision to a customer where there is a breach of these Terms of Use. The company nevertheless undertakes to act in a reasonable manner in undertaking any such course of action.

Bandwidth top-ups

When subscribers have used up the bandwidth they have purchased for the month or when they reach the limit of their fixed cap, they will be hard-capped. This means that users will have no further access to the internet, additional bandwidth can be purchased at my.tcsinternet.co.za even when capped and billed in arrears for the additional bandwidth.

Public IP’s

If any static IP Addresses are required, they can be purchased. A dynamic IP is provided

Uncapped Fibre – Fair Use Policy

Technolutions Connected Services (PTY) Ltd reserves the right to manage users with abuse behaviour patterns whilst retaining its uncapped nature.

Price increases

Fibre Network Operators may impose a price increase on the Technolutions Connected Services during the term of a customer’s contract which will be passed on to the customer and Technolutions Connected Services will endeavour to pass on notices of a price increase without undue delay.

Usage Monitoring

Technolutions Connected Services (PTY) Ltd monitors subscribers’ bandwidth usage in order to ensure that bandwidth limitations are not exceeded. This monitoring is subject to the nature of the Fibre services CPE connection to our network. Technolutions Connected Services (PTY) Ltd further reserves the right to take any necessary measures to monitor and calculate usage effectively, including terminating subscriber sessions by remote means.

If a subscriber exceeds the pre-purchased bandwidth or fixed cap then:

Technolutions Connected Services (PTY) Ltd, at its sole discretion, may allow a degree of over usage. Any such over usage allowance is a discretionary indulgence on the part of the company and shall not in any manner constitute a waiver or relaxation of the company’s rights to enforce the hard cap.

Technolutions Connected Services (PTY) Ltd may, at its sole discretion, recover the cost of the over usage from the subscriber’s fixed cap for the next month or from the next top-up purchased.

Technolutions Connected Services (PTY) Ltd also monitors its systems for performance and accounting purposes. The information which the company garners through these mechanisms may be used to ensure that users are complying with the Acceptable Usage Policy.

Subscriber usage management

Subscribers can manage their usage proactively to avoid being prematurely hard capped, as well as check their bandwidth usage by logging in to the Technolutions Connected Services Usage Portal website my.tcsinternet.co.za

Disclaimer and Limitation of Liability

Technolutions Connected Services (PTY) Ltd accepts no liability for any loss or damage to the customer’s property or equipment arising out of the provision, installation or maintenance of their Fibre service.

APPLICATION FOR, USE OF AND SUBSCRIPTION TO THIS SERVICE ARE AT THE SOLE RISK OF THE SUBSCRIBER OR APPLICANT.

Subscribers are solely responsible for all actions or internet activities that are authenticated by credentials (passwords or other information) associated with their account(s). Technolutions Connected Services (PTY) Ltd advises clients to change their passwords regularly to avoid any security problems. The company accepts no liability for any loss or damage suffered by subscribers through the use or misuse of their passwords or other authentication credentials.

The provision of upstream and network services by third-party providers;
Fibre Feasibility/Network availability;
Distance of the customer’s premises to the closes fibre man hole.
Technolutions Connected Services reserves the right to refuse fibre service based on network, domain and/or equipment identifiers.

Technolutions Connected Services (PTY) Ltd will not be liable to the subscriber or to any third party in respect of all and any damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the subscriber or third party, however these arise.

Indemnity

The customer indemnifies and holds Technolutions Connected Services (PTY) Ltd harmless in respect of any damages, loss or costs or claims instituted against Technolutions Connected Services (PTY) Ltd arising from any application or subscription to or use of the service or breach of the terms and conditions applicable to it.

Repairs

Any faults or service interruption should be reported by e-mailing support@tcsinternet.co.za or by calling the Technolutions Connected Services (PTY) Ltd Client Services during office hours on 021 203 5223.

Depending on the circumstances of the service interruption and nature of the repairs required, either Technolutions Connected Services (PTY) Ltd or FNO (Fibre Network Operator), will be responsible for fixing the service. Repairs will optimally occur during office hours and the relevant service provider will strive to restore the FTTH/FTTB service in the shortest possible time.

If either Technolutions Connected Services (PTY) Ltd or the telephony provider ascertains that the fault reported by the subscriber was caused by subscriber equipment which is not covered by a maintenance agreement, the subscriber will be liable for payment of the relevant call-out charge.

Service credit

The subscriber is entitled to a credit on the rental amount of the service for the duration of the interruption on a pro-rata basis. However this only applies if the fibre service has been completely unavailable for a continuous period of at least twenty four (24) hours. The credit excludes the line rental for the twenty four (24) hour period.

The calculation of time periods for the purpose of determining any credit for service interruption will only begin at the time when the fault is reported to Technolutions Connected Services Support. The credit will only be passed on request.

Cancellations

To cancel a service, a subscriber must give Technolutions Connected Services (PTY) Ltd written notice as per the list below before termination is required. Such notice will take effect on the first day of the month immediately following the end of the notice period. Please note the following cancellation notice period for each respective FNO in effect after the initial contract period has lapsed

Century City Connect FTTH: One calendar month
Century City Connect FTTB: 90 Days
DFA: 90 Days
Openserve: One calendar month
Octotel: One calendar month
Frogfoot FTTH: One calendar month
Frogfoot FTTB: Three calendar months
Waterfront Communications: One calendar month

Amendments

It is important to note that these terms and conditions are subject to change, due to a variety of factors. Subscribers must agree to revisit these terms and conditions regularly to check for updates. Technolutions Connected Services (PTY) Ltd will highlight any changes that have been made.

Where changes to tariffs or the terms and conditions of service are made, the subscriber will be deemed to have agreed to the amended tariff or terms and conditions if they continue to use the service. In the event that a subscriber does not agree with any amendment they should cease using the service and contact Technolutions Connected Services.

Use at the client’s own risk

Technolutions Connected Services (PTY) Ltd will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Technolutions Connected Services network and in no way moderates such content.

The client expressly agrees that use of Technolutions Connected Services’s (PTY) Ltd server(s) and services are at their own sole risk. Technolutions Connected Services (PTY) Ltd is not responsible for files and/or data residing on the client’s account. The client agrees to take full responsibility for any transfers of files and data and to maintain all appropriate backup of files and data stored on the Technolutions Connected Services (PTY) Ltd web servers, including e-mail, databases and site content.

Refusal of services based on network, domain and/or equipment identifiers

Technolutions Connected Services (PTY) Ltd reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.

Termination

Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the terms of payment, Technolutions Connected Services (PTY) Ltd has the right (at its sole discretion) to demand immediate payment of the full amount owed and demand compliance forthwith with all the terms and conditions Alternatively the company may elect to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or delictual rights which Technolutions Connected Services (PTY) Ltd may have.

Technolutions Connected Services (PTY) Ltd reserves the right to suspend or terminate the service of any customer that does not comply with the terms and conditions, Acceptable Use Policy or any other contractual obligations.

General provisions

The client confirms that all statements made in this application are true and correct. Technolutions Connected Services (PTY) Ltd reserves the right to request proof thereof.

Any disputes arising in relation to this application or the supporting documents shall be governed by the applicable laws of the Republic of South Africa.

Any form of abuse of Technolutions Connected Services’ (PTY) Ltd staff will result in suspension or termination of services, irrespective of the form and medium of this abuse.

In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Technolutions Connected Services (PTY) Ltd reserves the right to remove any content hosted by that member which it considers illegal or for which it has received a take-down notice.