PRE-PAID FIBRE TO THE HOME

THESE PRODUCT-SPECIFIC TERMS AND CONDITIONS NEED TO BE READ IN CONJUNCTION WITH HYPA’s GENERAL TERMS AND CONDITIONS. WHERE ANY DISCREPANCY OCCURS, THE PROVISIONS OF THESE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY

  • Definitions
      1. Capitalised terms not defined herein have the same meaning as defined in the General Terms and Conditions.
      2. In these Product Terms, the following capitalised words and expressions shall, unless expressly stated or the context requires otherwise, shall bear the following meanings and similar expression shall have comparable meanings:
  • “28 Day Service” means the Service described in clause 4.1.1;
        1. “Contended” means that multiple users are sharing the same network capacity. Contention ratios are based on the individual design of the third-party fibre access network over which the Hypa service is delivered
        2. “Acceptable Use Policy” means Hypa’s acceptable use policy, available at https://www.hypa.co.za/acceptable-use-policy/;
        3. “Date of Activation” means the date on which technical provisioning of the service (switching it on) is affected;
        4. “Debit Order Date” means the date on which debit orders will be processed as selected by the Customer via the Payment Gate Service;
        5. “Fibre Precinct” means the area(s) in which pre-paid fibre services are provided by Hypa, as reflected on Hypa’s website at https://migrate.agent.hypa.co.za/#/coverage 
        6. “Hypa Network” means the electronic communications network operated by Hypa to render electronic communications services;
        7. “General Terms” means Hypa’s general terms and conditions, to which these Product Terms are subject, except where there is a conflict between them, in which event the Product Terms shall apply;
        8. “Monthly Recurring Service” means the Service described in clause 4.1.2;
        9. “Payment Gateway” means the service provider(s) selected by Hypa to provide the Payment Gateway Service to enable the Customer to make payment in terms of these Product Terms;
        10. “Payment Gateway Service” means the service provided by an e-commerce application service provider that authorises credit card, debit card or direct payments processing for third party businesses;
        11. “Point of Presence” means a specific point where two different communication devices or networks meet to establish an electronic association with each other;
        12. “Product Terms” means the product-specific terms and conditions set out in this document and any annexures, signed by the Parties, and appended hereto;
        13. “Service” means the pre-paid fibre to the home service described in clause 3;
        14. “Throughput means how much data can be transferred from source to destination within a given timeframe;
        15. “Uncapped” has the meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-of-conduct/terminology-guidelines/;and
        16. “Unshaped” means that Hypa does not prioritise or differentiate between different classes of traffic or activities. 
  • Contract Documents
      1. These Product Terms are to be read in conjunction with:
        1. The General Terms; and
        2. Hypa’s Acceptable Use Policy.
  • Service Description
      1. In a Fibre Precinct, Hypa will provide the Customer with:
        1. Contended, Uncapped, Unshaped access to the Hypa Network via a Circuit, and the Equipment at a Hypa Point of Presence; and
        2. internet access by transmitting and delivering IP packets between the Equipment connected on the Hypa Network by means of the Circuit and other networks in accordance with its standard business arrangements with providers of such other networks.
  • Service Options
    1. In the Subscriber Agreement, the Customer will have selected one of the following Service Options:
      1. the 28 Day Service, in terms of which, from the Date of Activation:
  1. the Customer will have access to the Service for 28 (twenty-eight) consecutive calendar days;
  2. Service availability will be immediate; and
  3. the period will commence at midnight and end at midnight 28 consecutive calendar days thereafter; or
  1. the Monthly Recurring Service in terms of which:
  1. the Customer will have indefinite access to the Service from the Date of Activation, subject to the receipt by Hypa of the associated monthly fees on or before the Debit Order Date;
  2. the Customer may terminate the Service in accordance with the provision of clause 21; and
  3. Hypa may terminate the Service without notice in accordance with the provisions of clause 20, or on any basis permitted in the General Terms.
  • Order Acceptance and Service Commencement
      1. All orders, placed online or through an authorised representative, are subject to acceptance by Hypa.
      2. Should the Customer already receive fibre to the home services from a third party internet service provider (“ISP”), the order placed on Hypa will only be accepted once the ISP has released the line.
      3. The acceptance of an order by Hypa will depend on, amongst other things:
        1. the correctness of the product related information reflected in the order;
        2. the availability of fibre network in the specified location;
        3. RICA vetting; and
        4. receipt of first payment.
      4. Both the 28 Day Service and the Monthly Recurring Service commence on the Date of Activation.
  • Throughput Rates
      1. Access to, and across, the Hypa Network is at the maximum Throughput rates set forth in the Subscriber Agreement. Maximum Throughput rates are not guaranteed.
      2. Due to the nature of the Internet, Hypa can only control Throughput rates from the user network interface of the Equipment to the point of interconnection between the Hypa Network and the internet. This means that:
        1. under these Product Terms, Hypa does not manage the Customer’s home network; and
        2. Hypa is not liable for the performance of the Customer’s WiFi network.
      3. Throughput rates may also be reduced by Hypa in accordance with its Acceptable Use Policy.
      4. In terms of the contractual obligations imposed on Hypa by upstream fibre network providers, Hypa may be required to adhere to certain fair use policies (“Use Policies”), and the Customer accepts and agrees that the Service it receives will be subject to any such Use Policies.
  • Circuit
      1. Hypa or the network operator supplies, configures, and tests the Circuit.
      2. Each network operator defines its own standard installation. If a non-standard installation, re-installation or any move of Equipment is required, the Customer shall be responsible for the costs of any facilities, extra cabling, additional trenching and other expenses that are necessary to install the Circuit. Such costs shall either be charged by the relevant network operator directly to the Customer, or through Hypa, depending on the business model of the relevant network operator.
      3. At any point after installation of a Circuit Hypa shall be entitled to replace the Customer’s Circuit with any other Circuit provided that:
        1. such replacement does not result in the Customer incurring any additional charges; and
        2. the quality of the new Circuit is equal or better than the replaced Circuit.
  • Equipment
    1. The Equipment will be provisioned with a standard configuration in respect of the ordered Service.
    2. The Customer must identify a suitable location for the Equipment. The location must be dry, free from vibration and well ventilated. Installation is only possible if the distance from the termination point of the Circuit and a 220V energy supply to the position the Equipment is not greater than 2 metres.
    3. The optical network terminal supplied to the Customer as part of the Service shall be limited to a maximum of 10 (ten) WiFi devices being connected simultaneously.
    4. In the event of failure of the Equipment, Hypa will secure the repair or replacement (at Hypa or the relevant network operator’s discretion) of the Equipment:
      1. free of charge where such Equipment failure is covered by the warranty of the original Equipment manufacturer; or
      2. at the expense of the Customer:
  1. after the warranty has expired or has been rendered void; or
  2. where the Equipment failure was caused by the Customer’s use, misuse, or changes to the Equipment, other than as previously agreed to in writing by Hypa.
  1. Where the Equipment is replaced, the Customer must return the original, faulty Equipment to Hypa or the network operator, whichever provided the replacement.
  2. The Customer accepts liability for, and shall pay on demand, any costs incurred by Hypa as a result of the necessary repair or replacement of Equipment as contemplated in clause 8.4.2.
  3. While the Customer will receive a username and Wi-Fi password, Hypa will retain the password necessary to configure the Equipment. Responsibility for the IP configuration of the Service configuration lies with Hypa.
  4. The Customer shall never own the Equipment and no outright purchase or rent-to-own contracts are available. Ownership of the Equipment shall vest in Hypa or the supplying network operator.
  • IP Addresses

Hypa will dynamically assign IP addresses from Hypa allocated blocks obtained from AfriNIC and/or from product specific CGN Hypa address space. Any IP address allocated by Hypa to the Customer remains the property of Hypa and the Customer will have a non-transferable licence to use such addresses for a limited time.

  • Reporting Service

Hypa may provide usage information in the online customer zone. The content of any usage information will only be visible to authorised users or authorised Hypa employees. Usage information is for information purposes only and will not be used to calculate any service credits.

  • Accuracy of the Customer’s Information

The Customer will provide Hypa with accurate and up to date information: (i) when completing the Hypa documentation; and (ii) when the Customer contacts Hypa to report a suspected fault and is asked a standard set of structured questions. Hypa shall not be liable for any loss suffered as a result of the Customer’s failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or service repair.

  • Maintenance

Scheduled maintenance on the Hypa Network will be performed during a standard maintenance window, and during change control windows as determined in consultation with the relevant third party provider of the Circuit. Hypa and the network provider reserve the right to perform emergency maintenance without prior notice, but Hypa shall nonetheless endeavour to provide such notice as is reasonably and practically possible in the circumstances.

  • Set Up and Configuration/ Installation Fees
      1. Services offered by Hypa are all subject to:
        1. a once-off set up and configuration or installation fee; and
        2. network operator set-up fees.
      2. The Customer acknowledges and accepts that, in addition to the Set-Up Fees, Network operators may charge a separate installation fee, billed directly to the Customer, for the installation of the Circuit from the boundary of the Customer’s property to within the home, notwithstanding that the Service is ordered directly from Hypa.
      3. Hypa shall be entitled to pass on to, and the Customer shall pay on demand, the cost of (i) any re-connection of the Services after suspension, and (ii) administrative fees related to transactions for refunds or payment failures, that a network operator or payment gateway provider is entitled to charge Hypa.
  • Security

The Customer acknowledges that the logical and physical security measures in relation to the Services are the Customer’s sole responsibility Hypa will not be held liable for any losses arising out of security breaches of the Customer’s Services.

  • Disclaimer

Hypa will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks if such loss or interruption takes place outside of the Hypa Network.

  • PAYMENT

28 Day Service

  1. The Customer may pay for the 28 Day Service by way of credit card or debit card via the Payment Gateway Service, or by cash via an EasyPay Outlet (the “Methods of Payment”).
  2. On selecting the 28 Day Service, the Customer will be directed to the Payment Gateway’s website to make payment. Full instructions appear on the Payment Gateway website for all Methods of Payment.
  3. The Customer acknowledges and accepts that:
    1.  he/she will have to register to use the Payment Gateway Services;
    2.  his/her use of the Payment Gateway Services will be subject to the terms and conditions of the Payment Gateway; and
    3. EasyPay reference numbers generated via the Payment Gate Service are valid for 14 (fourteen) days, whereafter they will expire.
  4. The Customer will be notified by Hypa upon the successful processing of a Customer’s payment and will receive an invoice and receipt.
  5. The Customer may purchase a maximum of 6 (six) consecutive 28 Day Service periods at one time.

Monthly Recurring Service

  1. Fees for the Monthly Recurring Service are payable by the Customer in advance, by way of debit order deducted from his/her credit or debit card.
  2. On selecting the Monthly Recurring Service, the Customer will be directed to the Payment Gateway where he/she will be required to provide details of his/her debit or credit card details.
  3. The Customer acknowledges and accepts that:
    1. he/she will be required to register to use the Payment Gateway Services offered by the Payment Gateway;
    2. his/her use of such services will be subject to the terms and conditions of such Payment Gateway;
    3. his/her payment information will be saved by the Payment Gateway on its website;
    4. his or her chosen debit or credit card will be debited via the Payment Gateway for the first month’s Service upon sign up and for future monthly payments, in advance on the debit order date selected;
    5. future monthly payments will be debited via the Payment Gateway from the chosen debit or credit card on the date selected for the month ahead as this service is billed in advance; and
    6. In order to align the Date of Activation with the selected debit order date, first time customers will be debited for the full fees for the first month of the Monthly Recurring Service. Thereafter, once the link is activated, a pro-rated amount will be debited on your next debit order cycle. By way of example, should you purchase the service on the 29th August, with the elected debit order date being the 1st. If the service is installed 3rd September, a pro-rated value for days of service between 3rd Sep – 30 Sept, will be debited on 1st October. 
  • Disclaimer and Indemnity

Hypa shall not be liable to the Customer or any third party for any losses or damages of any nature whatsoever suffered by the Customer arising directly or indirectly out of the use Payment Gateway Services offered by the Payment Gateway, or its website (“Claims”) and the Customer indemnifies and holds Hypa, its directors and officers harmless against any and all such Claims.

  • Promotional Pricing
      1. Any advertised promotional pricing which may be offered from time to time, is done so at the discretion of Hypa.
      2. Promotional pricing is subject to availability, either from the upstream network operator or Hypa and may be withdrawn at any time without notice.
  • Relocation
      1. The Circuit is not transferrable to another premises, due to the fact that the element of the Service comprising the Circuit is provided to the specific address set out in the Subscriber Agreement, with a Circuit leased by Hypa from a network operator.
      2. Accordingly, should the Customer relocate, this will require the cancellation of the Service.
      3. Notwithstanding that the cancellation is necessitated by relocation, Hypa will be entitled recover the cancellation fees detailed in clauses 19.2 and 19.3 from the Customer.
      4. Requests for the Service at any new premises shall be subject to a feasibility study being conducted by Hypa to determine whether a network operator has adequate fibre infrastructure in order to provide the Service at the new location. Should there not be adequate fibre infrastructure, or should the new premises -not fall within the Fibre Precinct, then no Service can be offered.
  • Suspension
      1. Should payment for the Monthly Recurring Service not be received for any reason, Hypa shall be entitled to suspend the Service as follows:
        1. where a debit order failure results in non-payment, and two further debit order attempts made on the same day are unsuccessful, the Service will be suspended from midnight on the day of such failure;
        2. the suspension shall continue for a period of 9 (nine) days (the “Suspension Period”) whereafter, should payment not have been made, the Service will be deactivated; and
        3. the Customer will have to reapply in order to have access to the Service again.
      2. Should the Customer make payment before the expiry of the Suspension Period and the suspension if lifted, the Customer acknowledges and accepts that it shall not be entitled to any credit or refund in respect of the period of suspension.
  • Cancellation Terms

28 Day Service

Despite the 28 Day Service automatically expiring at the end of the 28-day period, the Customer must nevertheless give written notice of cancellation to Hypa at cancellations@hypa.co.za. Such notice may be delivered either before or after the date of such expiry but is necessary so that the line can be released by Hypa and made available to other service providers. Until such time as such written notice has been received by Hypa, Hypa takes no responsibility for (i) the line being unavailable to the Customer or other service providers, or (i) for any expenses, losses or damages of whatever nature and howsoever arising, suffered by the Customer as a result of the line not being accessible.

Monthly Recurring Service

  1. In order to cancel the Monthly Recurring Service, the Customer must give written notice (“Notice”) of his/her intention to cancel at least 14 (fourteen) Business Days prior to the next Debit Order Date (the “Notice Period”). Such Notice must be sent to cancellations@hypa.co.za.
  2. Upon receipt of the Notice, the Monthly Recurring Service will be cancelled and deactivated at midnight on the day immediately preceding the customer’s next recurring card payment, provided that such Notice has been received within the Notice Period. Should the Notice have been received after the required Notice Period, the Service will be cancelled at the end of the next service period. By way of example, should the Debit Order Date be the 1st of June, Notice must be received on or before the 16th of June in order for the Monthly Recurring Service to terminate on the 30th of June. Should the Notice be received after the 16th of June, the Monthly Recurring Service will terminate on the 31st of July.
  3. Hypa shall be entitled to unilaterally cancel the Monthly Recurring Service in terms of clause 20.1, for non-payment.

Prior to Activation

  1. Should the Customer terminate a Circuit prior to it being activated by Hypa or prevent Hypa from activating the Circuit after it has been ordered, then the Customer shall be liable to Hypa for any installation and other charges which Hypa is liable to pay the network operator.
  • Resale of Service

Except where the Customer has obtained all the regulatory approvals and entered into a reseller agreement with Hypa, the resale of the Services or any bundled part thereof, including but not limited to VoIP, Mobile Data, Fat Pipe Data, Fibre Line and Equipment, is not permitted.