Terms of Service

1.1 These Terms and Conditions (“Agreement”) govern the provision and use of services by FiberPulse (Pty) Ltd (“FiberPulse”, “we”, “us”, “our”). By applying for, accepting, activating, using or paying for any FiberPulse service you agree to be bound by this Agreement. 1.2 This Agreement, together with any service order, annexures and published service-specific schedules, constitutes the entire agreement between you and FiberPulse and supersedes prior representations and agreements. The clause headings are for convenience only.

2.1 “Client”, “Customer” or “you”: the person or entity contracting with FiberPulse. 2.2 “Services”: any internet access (fibre, fixed wireless, ADSL), hosting, VoIP, voice and related connectivity services, managed services, and any hardware supplied by FiberPulse or a third party. 2.3 “Equipment”: any device, router, CPE, wiring or other hardware supplied by FiberPulse or third parties. 2.4 “POPIA”: the Protection of Personal Information Act, 4 of 2013. 2.5 “RICA”: the Regulation of Interception of Communications and Provision of Communication-Related Information Act and related requirements for identity verification.

3.1 Services commence once your application is accepted, required identity checks (RICA/other) are completed, and (where applicable) installation and provisioning are finished. 3.2 FiberPulse may decline, suspend or delay applications at its discretion for operational, legal or security reasons.

4.1 You must provide all documentation and information requested by FiberPulse to allow identity verification and to enable compliance with RICA, ICASA requirements and other applicable laws. Failure to supply required documentation may delay or prevent provision of Services.

5.1 Services are provided subject to availability, network capacity and coverage. FiberPulse will use reasonable efforts to provide Services but does not guarantee uninterrupted or error-free service unless a written SLA specifically guarantees such service. 5.2 FiberPulse may change product names, technical specifications or service features; material changes will be notified where reasonably possible.

6.1 You agree to: a) provide accurate information and keep contact details up to date; b) comply with all applicable laws and regulations; c) use the Services only for lawful purposes and not for any activity that may harm the network or other users; d) safeguard access credentials and passwords and take reasonable steps to secure your network and devices; e) be responsible for all activity under your account. 6.2 You may not resell, re-broadcast or re-supply the Services unless expressly agreed in writing by FiberPulse.

7.1 Charges for Services are set out in your service order or on our published price list. All fees are payable in South African Rand (ZAR) unless otherwise agreed. 7.2 Billing cycles, due dates, late-payment interest, suspension for non-payment and collection costs will be as set out on invoices and in the service order. 7.3 Debit order authorisation: where you provide debit order details or authorise debit-order collection, you authorise FiberPulse (or its authorised agent) to collect recurring charges and any arrears. You must ensure sufficient funds are available and are responsible for bank charges for returns or reversals. 7.4 FiberPulse may vary prices on notice to you in accordance with clause 30 (Changes).

8.1 FiberPulse may suspend, throttle or terminate Services (in whole or in part) for non-payment, suspected fraud, unlawful use, breach of this Agreement, or to protect the network. Reconnection may require settlement of outstanding amounts and payment of reconnection fees where applicable. 8.2 FiberPulse will use reasonable efforts to notify you prior to suspension where practicable, except where urgent action is required to protect the network or comply with law.

9.1 Unless an SLA is agreed in writing, FiberPulse does not guarantee any specific uptime or performance levels. Where an SLA is agreed, it will set out the uptime target, measurement method, exclusions and the calculation and cap for service credits. 9.2 Refunds for unused time, early termination or device returns are subject to our refund and returns policy and any statutory consumer rights.

10.1 Equipment supplied by FiberPulse may carry manufacturer warranties and is subject to separate warranty terms. You must follow installation and operating instructions. Warranty claims will generally require proof of purchase and compliance with manufacturer terms. 10.2 Device return, repair and replacement procedures are subject to the applicable warranty and our returns policy as advised at the time of sale.

11.1 All intellectual property rights in the Services, documentation and software provided by FiberPulse remain the property of FiberPulse or its licensors. 11.2 IP addresses and numbering resources allocated to you remain the property of FiberPulse and may be reallocated in accordance with operational and regulatory requirements.

12.1 FiberPulse collects and processes personal information to provide Services, for billing, fraud prevention and to comply with legal and regulatory obligations. We process personal information in accordance with POPIA and other applicable legislation. 12.2 We implement reasonable technical and organisational measures to protect personal information. 12.3 Where FiberPulse engages third-party processors or service providers to perform processing activities on its behalf, such parties will be bound by operator/processor agreements as required by POPIA. 12.4 You have rights under POPIA (including access, correction and objection). Requests to exercise your rights may be directed to our Privacy Officer at hello@fiberpulse.co.za.

13.1 You are responsible for securing your equipment and credentials. Report suspected security incidents or breaches promptly to support@fiberpulse.co.za. 13.2 FiberPulse will notify affected parties and regulatory bodies as required by law in the event of a data breach affecting personal information.

14.1 FiberPulse may apply reasonable traffic management, shaping, prioritisation or fair-usage policies to maintain network integrity and performance for all customers. Details of these policies are available on request.

15.1 Contact support@fiberpulse.co.za for support or complaints. We will acknowledge and attempt to resolve complaints promptly. If unresolved, disputes may be escalated to mediation, arbitration or to the competent courts as agreed by the parties.

16.1 FiberPulse may suspend or terminate Services where required by law, a regulator or where we reasonably suspect unlawful activity, fraud or network threat. We will act consistently with legal obligations and will notify you where practicable.

17.1 Services may be supplied on fixed-term or month-to-month contracts as specified in the service order. 17.2 Early termination may attract an early-termination fee where specified in the service order. On termination, you must return leased equipment and pay any outstanding charges.

18.1 FiberPulse may cede, assign or transfer any of its rights and obligations under this Agreement. You may not cede or delegate your rights without FiberPulse’s prior written consent.

19.1 All communications with FiberPulse staff must be respectful. Abusive behaviour, impersonation or fraudulent activity may result in service restrictions.

20.1 Subject to mandatory law, FiberPulse’s aggregate liability to you arising from or in connection with this Agreement is limited to the lesser of: (a) direct damages up to an agreed cap (for example, an amount equal to fees paid by you for the previous three (3) months), or (b) any other cap expressly set out in the relevant service order. 20.2 FiberPulse is not liable for indirect, special, consequential, loss of profit or punitive damages. 20.3 You indemnify FiberPulse against any claim, loss or cost arising from your breach of this Agreement, unlawful use of the Services, or third-party claims resulting from your use.

21.1 Notices to you will be delivered by email, SMS or posted on our website. You must ensure your contact details are current. Formal notices to FiberPulse must be sent to our registered address or hello@fiberpulse.co.za.

22.1 This Agreement is governed by the laws of the Republic of South Africa. FiberPulse will comply with the Electronic Communications Act, ICASA requirements and related regulatory obligations applicable to electronic communications providers and resellers. 22.2 Regulatory requirements may require disclosure of information or changes to service provision; FiberPulse will take steps to comply with such requirements.

23.1 You consent to receiving electronic account and service-related communications. Marketing communications will only be sent where you have given consent or as permitted by law, and will include opt-out instructions.

24.1 FiberPulse is not liable for any delay or failure to perform due to events beyond its reasonable control (force majeure), including natural disasters, strikes, acts of government, or failures of third-party infrastructure.

25.1 If any provision of this Agreement is found to be invalid or unenforceable, that provision will be severed and the remainder of the Agreement will continue in full force. 25.2 The failure or delay by either party to exercise any right will not operate as a waiver of that right.

26.1 If you are dissatisfied with our handling of a complaint you may escalate it by emailing hello@fiberpulse.co.za. If still unresolved you may refer the matter to the relevant regulator or an agreed alternative dispute resolution forum.

27.1 FiberPulse may amend these Terms from time to time. Material changes will be notified to you by email or via our website and will take effect as specified in the notice.