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ACCEPTABLE USE & FAIR USAGE POLICY

1. PURPOSE AND APPLICATION

This Acceptable Use and Fair Usage Policy (“Policy”) governs the use of internet, fibre, wireless and other electronic communications services (“Services”) supplied by Signa-Fi Fibre Optic Solutions (Pty) Ltd (“Signa-Fi”).

This Policy forms part of the Service Contract concluded between Signa-Fi and the Customer and must be read together with the Subscriber Agreement, Service Agreement, applicable quotation, service order and any other policies incorporated into the Service Contract.

By using the Services, the Customer agrees to use them only in accordance with the Service Contract, this Policy and applicable South African law.

2. SERVICE PROVIDED TO THE CONTRACTED CUSTOMER AND PREMISES

Unless expressly agreed otherwise in writing by Signa-Fi, a Service is supplied exclusively to:

  • the Customer named in the Service Contract;
  • the installation address or premises recorded in the Service Contract; and
  • persons ordinarily entitled to use the Service within those premises as part of the Customer’s normal household or internal business operations.

The provision of a connection to one Customer or installation address does not automatically authorise the Customer to extend, redistribute or provide that connection to another property, dwelling, business, tenant, customer or independently occupied premises.

3. REDISTRIBUTION AND SHARING OF SERVICES

Unless Signa-Fi has provided prior written authorisation, a Customer may not use a Signa-Fi Service to provide internet connectivity to:

a) another separately occupied residential property, dwelling, flat, cottage, unit or building;

b) a tenant or occupier of another separately occupied premises;

c) another business, legal entity or organisation;

d) a neighbouring property;

e) another erf, stand or separately identifiable premises;

f) customers, members of the public or unrelated third parties; or

g) any other person or premises for whom Signa-Fi would ordinarily require a separate service connection or Service Agreement.

This restriction applies regardless of whether the additional premises are owned, leased, managed or controlled by the Customer.

Ownership of multiple properties does not, by itself, entitle the Customer to distribute a single Signa-Fi service between those properties.

4. RESALE, SUBLETTING AND COMMERCIAL DISTRIBUTION

A Customer may not, without Signa-Fi’s prior written authorisation:

  • resell the Service;
  • sublet the Service;
  • redistribute the Service;
  • provide internet access as part of a rental or tenancy arrangement;
  • include connectivity in rent, levies, accommodation charges, service fees or any other consideration;
  • operate a hotspot, community network or similar service for third parties;
  • charge another person directly or indirectly for access to the Service; or
  • otherwise derive commercial benefit from supplying Signa-Fi connectivity to third parties.

For avoidance of doubt, a separate charge specifically described as an “internet” or “fibre” fee is not required for an arrangement to constitute commercial redistribution.

Where connectivity is supplied as part of rent, accommodation, a levy, service package or other commercial arrangement, Signa-Fi may regard the connectivity as being commercially supplied to a third party.

5. REDISTRIBUTION WITHOUT PAYMENT

The restrictions in this Policy are not limited to circumstances where the Customer receives payment.

Unless authorised by Signa-Fi in writing, the Customer may not redistribute the Service to separate households, tenants, businesses, properties or independently occupied premises even where the connectivity is provided free of charge.

Accordingly, the absence of a direct payment between the Customer and the third-party user does not automatically make the redistribution permissible.

6. INTERNAL NETWORKS

Customers may operate their own internal Local Area Network (“LAN”), Wi-Fi network and privately owned networking equipment within their contracted premises.

Signa-Fi does not seek ownership or control of networking equipment lawfully purchased and owned by the Customer.

However, ownership of private networking equipment does not confer upon the Customer the right to use that equipment to redistribute a Signa-Fi Service in a manner prohibited by this Policy.

The distinction between Signa-Fi-owned infrastructure and Customer-owned infrastructure does not alter the conditions governing the Customer’s use of the Signa-Fi Service.

7. MULTIPLE BUILDINGS ON THE SAME PROPERTY

Where a property contains multiple buildings, cottages, flats, offices, workshops or other structures, Signa-Fi may determine whether those structures reasonably constitute:

  • part of a single Customer’s internal network; or
  • separate premises/users requiring individual services or an aggregated/commercial service.

Relevant considerations may include whether the structures are separately occupied, leased to third parties, operated by separate businesses, have separate addresses or utilities, or otherwise function as independent premises.

Where separate tenants, households, businesses or other independent occupants receive connectivity through a single connection, Signa-Fi may require separate individual services or an appropriate aggregated service.

8. BUSINESS AGGREGATED SERVICES

Customers who legitimately require connectivity to be distributed between multiple tenants, units, buildings, businesses or other users must contact Signa-Fi regarding an appropriate Business Aggregated Service or other approved commercial product.

Where Signa-Fi approves such an arrangement, the permitted redistribution and applicable locations must be recorded in writing.

A standard residential or business fibre connection may not be converted into an aggregated or multi-user service by the Customer without Signa-Fi’s prior written approval.

9. NETWORK MODIFICATIONS AND SIGNA-FI INFRASTRUCTURE

Only Signa-Fi employees, contractors or technicians expressly authorised by Signa-Fi may perform work on infrastructure or equipment owned, rented or controlled by Signa-Fi.

Customers and third parties may not, without prior written authorisation:

  • alter or interfere with Signa-Fi-owned fibre or network infrastructure;
  • connect unauthorised equipment directly to Signa-Fi-controlled infrastructure where such connection requires Signa-Fi authorisation;
  • relocate Signa-Fi-owned equipment;
  • tamper with, bypass or modify network termination equipment;
  • splice or alter Signa-Fi fibre;
  • access restricted Signa-Fi network equipment; or
  • permit an unauthorised person or former Signa-Fi employee/contractor to perform work on Signa-Fi infrastructure.

This provision does not prevent a Customer from lawfully working on equipment and internal networking infrastructure that the Customer owns, provided such work does not interfere with Signa-Fi-owned infrastructure or breach this Policy.

10. EQUIPMENT OWNERSHIP AND NETWORK DEMARCATION

Equipment rented or loaned to the Customer by Signa-Fi remains the property of Signa-Fi.

Equipment sold to the Customer will be dealt with in accordance with the applicable Service Agreement, quotation and invoice.

Where reasonably required, Signa-Fi may identify the network demarcation point at which Signa-Fi-controlled infrastructure terminates and Customer-controlled internal infrastructure commences.

Nothing in this Policy is intended to transfer ownership of Customer-owned equipment to Signa-Fi.

11. UNAUTHORISED CONNECTIONS

Where Signa-Fi reasonably suspects that a Service is being redistributed or used contrary to this Policy, Signa-Fi may investigate the use of the Service, subject to applicable law.

The Customer may be required to provide reasonable information necessary to establish the nature and extent of the connection.

Where unauthorised redistribution is established, Signa-Fi may require the Customer to:

  • cease the unauthorised redistribution;
  • migrate to an appropriate Business Aggregated Service;
  • obtain separate connections for the affected premises/users; or
  • otherwise regularise the arrangement with Signa-Fi.

12. MATERIAL BREACH

Unauthorised resale, subletting, commercial distribution or redistribution of a Signa-Fi Service in contravention of this Policy constitutes a material breach of the Service Contract.

Depending upon the nature and seriousness of the breach and subject to the Service Contract and applicable law, Signa-Fi may:

  • issue a written notice requiring the breach to be remedied;
  • suspend the affected Service;
  • require migration to an appropriate service;
  • terminate the affected Service Contract; and/or
  • exercise any other remedy available under the Service Contract or law.

Where reasonably capable of remedy, Signa-Fi may provide the Customer with an opportunity to remedy the breach within the period specified in the written notice.

13. EXISTING SIGNA-FI CUSTOMERS

A Customer may not knowingly use their Signa-Fi connection to circumvent, replace or provide connectivity in substitution for a separate Signa-Fi service supplied or contracted to another subscriber, except where expressly authorised by Signa-Fi in writing.

This includes supplying connectivity to a tenant, neighbouring property, business or other occupant who has cancelled, ceased paying for, or otherwise discontinued a separate Signa-Fi service in order to obtain connectivity through another Customer’s connection.

Such conduct may be regarded as unauthorised redistribution under this Policy.

14. SECURITY AND RESPONSIBILITY

The Customer remains responsible for the security and use of their connection and must take reasonable steps to prevent unauthorised persons from accessing or redistributing the Service.

The Customer remains responsible for activity originating through the Customer’s connection to the extent permitted by applicable law and the Service Contract.

15. PROHIBITED NETWORK ACTIVITY

Customers may not knowingly use the Service to:

  • interfere with or compromise Signa-Fi’s network;
  • obtain unauthorised access to systems or networks;
  • introduce malicious software;
  • conduct unlawful activity;
  • circumvent network security or access controls;
  • deliberately degrade network performance for other users; or
  • use the Service in any manner prohibited by applicable South African law.

16. FAIR USAGE AND NETWORK INTEGRITY

Customers must use the Service reasonably and in a manner that does not materially impair the integrity, security, stability or performance of Signa-Fi’s network or the services supplied to other customers.

Where a particular product is subject to bandwidth management, contention ratios, shaping, throttling, usage thresholds or other technical limitations, those limitations will be disclosed in the applicable product terms, quotation or service description where required.

17. INVESTIGATION OF SUSPECTED BREACHES

Where Signa-Fi reasonably suspects a breach of this Policy, it may conduct a reasonable technical and administrative investigation.

Signa-Fi may consider, where lawfully available and appropriate:

  • network configuration information;
  • connection and installation records;
  • customer account information;
  • service addresses;
  • equipment records;
  • technical observations;
  • information supplied by the Customer; and
  • other reasonably relevant evidence.

Signa-Fi will process personal information in accordance with applicable data protection legislation and its Privacy Policy.

18. NO WAIVER

A failure or delay by Signa-Fi to enforce any provision of this Policy does not constitute a waiver of Signa-Fi’s right to enforce that provision subsequently.

Previous tolerance of a particular network configuration or arrangement does not constitute permanent approval unless Signa-Fi has expressly approved the arrangement in writing.

19. CHANGES TO THIS POLICY

Signa-Fi may amend this Policy from time to time subject to the Service Contract and applicable law.

Where an amendment materially affects an existing Customer’s contractual rights or obligations, Signa-Fi will implement such amendment in accordance with the Service Contract and applicable South African law.

No provision of this Policy is intended to permit Signa-Fi to retrospectively impose a contractual breach upon conduct which was not prohibited under the terms applicable to the Customer at the relevant time.

20. CONTACT AND AUTHORISATION

Any Customer wishing to:

  • share connectivity between separately occupied premises;
  • supply connectivity to tenants;
  • connect multiple businesses;
  • redistribute connectivity between properties;
  • operate an aggregated network; or
  • obtain approval for any arrangement that may fall within this Policy,

must obtain written approval from Signa-Fi before implementing the arrangement.

Approval will only be valid if provided in writing by an authorised representative of Signa-Fi.