STelecoms (Pty) Ltd
General Terms and Conditions – Internet, Fibre & VoIP Services
(Republic of South Africa – Binding Legal Agreement)
1. INTRODUCTION & INTERPRETATION
1.1 This Agreement constitutes a legally binding contract between STelecoms (Pty) Ltd (“STelecoms”, “we”, “us”, “our”) and the customer (“Customer”, “you”, “your”) for the provision of telecommunications, internet, fibre, VoIP, and related services (“Services”).
1.2 By applying for, activating, or using the Services, the Customer irrevocably accepts and agrees to be bound by this Agreement.
1.3 Registered address:
22 Compass Close, West Beach, Cape Town, South Africa.
1.4 Headings are for convenience only and do not affect interpretation.
1.5 This Agreement supersedes all prior communications, quotations, or representations unless confirmed in writing by STelecoms.
2. VARIATION OF TERMS
2.1 STelecoms may amend, update, or replace this Agreement at its sole discretion.
2.2 Reasonable notice will be provided where practicable.
2.3 Continued use of Services constitutes acceptance of amended terms.
3. SERVICE PROVISION
3.1 Services are subject to:
- Network availability
- Technical feasibility
- Third-party infrastructure
- Credit approval
3.2 The Customer acknowledges:
- Services rely on third-party infrastructure
- No guaranteed uptime, speed, or continuity unless under a separate SLA
- Interruptions may occur due to maintenance, failure, or external factors
3.3 STelecoms may:
- Suspend, restrict, or terminate Services at its discretion
- Refuse service in cases of risk, abuse, or non-compliance
4. SUPPORT & FAULT REPORTING
4.1 Faults must be logged via official STelecoms support channels.
4.2 The Customer must provide accurate diagnostic information.
4.3 Where faults arise from Customer-side issues (including power, equipment, configuration, or misuse), the Customer shall be liable for all call-out and repair costs.
5. CUSTOMER RESPONSIBILITIES
5.1 The Customer must:
- Maintain stable power supply
- Ensure premises access when required
- Safeguard credentials and access
- Maintain internal network and equipment
- Comply with all applicable laws
5.2 The Customer is fully liable for:
- All usage on the account (authorised or unauthorised)
- Misuse, negligence, or unauthorised access
- Internal network configuration and compatibility
5.3 The Customer acknowledges:
- Services depend on power, internet, and correct configuration
- STelecoms is not responsible for internal network issues or third-party devices
- Backup power and surge protection are the Customer’s responsibility
- Billing continues regardless of outages or configuration issues
6. BILLING & PAYMENT
6.1 Billing is in advance unless otherwise stated.
6.2 Billing begins upon:
- Installation completion, and
- Backend provisioning/activationregardless of usage, configuration, or power status.
6.3 Payment terms:
- Strictly payable by due date
- No set-off, withholding, or deduction permitted
6.4 STelecoms may:
- Suspend Services for non-payment without notice
- Apply penalties, interest, and reconnection fees
- Refer accounts for legal recovery
6.5 Accounts unpaid after 15 days may be:
- Handed to debt collection
- Reported to credit bureaus
6.6 Billing Commencement (Go-Live Activation Date)
Billing shall commence upon issuance and/or acceptance of the official Go-Live Handover Document, confirming that the Service has been provisioned, activated, and handed over as operational.
7. SERVICE LIMITATIONS
7.1 Services are provided on a best-effort basis.
7.2 No guarantees are provided regarding:
- Uptime
- Speed
- Latency
- Data integrity
- Continuity
8. VOIP SERVICES
8.1 VoIP depends on internet stability and third-party carriers.
8.2 No guarantees are made regarding:
- Call quality
- Routing stability
- Call completion
- Porting timelines
8.3 The Customer acknowledges:
- Emergency services may not function reliably
- Numbers are subject to third-party control
8.4 The Customer is fully responsible for fraud prevention and security.
8.5 STelecoms may suspend VoIP immediately for fraud, abuse, or non-payment.
9. THIRD-PARTY PROVIDERS
9.1 Services rely on third-party vendors.
9.2 STelecoms is not liable for vendor failures, delays, outages, or limitations.
9.3 Vendor issues do not:
- Constitute breach by STelecoms
- Suspend billing obligations
10. EQUIPMENT & OWNERSHIP
10.1 Equipment remains STelecoms or supplier property until fully paid.
10.2 Risk transfers upon installation.
10.3 The Customer is responsible for loss, theft, or damage.
11. LIABILITY & INDEMNITY
11.1 STelecoms is not liable for indirect, consequential, or financial loss.
11.2 Liability is limited to one (1) month’s subscription fee.
11.3 The Customer indemnifies STelecoms against claims arising from misuse, breach, or unlawful activity.
12. SUSPENSION & TERMINATION
12.1 STelecoms may suspend or terminate Services immediately for:
- Non-payment
- Breach
- Fraud or abuse
12.2 Suspension does not:
- Waive payment obligations
- Entitle refunds or credits
13. CANCELLATION & TERMINATION (STRICT ENFORCEMENT CLAUSE)
13.1 Fixed-Term Early Termination
Where the Agreement is concluded for a fixed term, early cancellation by the Customer constitutes a material breach and results in immediate liability for:
a) All outstanding charges up to termination date;
b) The full remaining contract value for the unexpired term, payable immediately;
c) Reversal and recovery of all discounts, subsidies, promotions, or special pricing applied at inception;
d) Any installation, provisioning, or onboarding costs incurred by STelecoms or third parties.
13.2 Equipment & Recovery Costs
Upon termination for any reason, the Customer is liable for:
a) De-installation, recovery, and logistics costs;
b) Repair or replacement of damaged, missing, or unreturned equipment;
c) Immediate settlement of all hardware balances.
13.3 Pre-Installation Cancellation
Where cancellation occurs after order confirmation but before installation completion:
a) 100% of installation, labour, and provisioning costs remain payable;
b) All third-party provider charges (including but not limited to Openserve, Frogfoot, Vumatel, or similar) are fully recoverable;
c) Any deposits or prepayments are non-refundable and forfeited.
13.4 Month-to-Month Services
Month-to-month services require 90 (ninety) days written notice.
a) Notice is only valid once confirmed in writing by STelecoms;
b) Charges remain payable throughout the notice period;
c) No pro-rata reductions apply unless agreed in writing.
13.5 Immediate Termination for Breach
STelecoms may terminate immediately for:
- Non-payment or repeated late payment
- Abuse, fraud, or misuse
- Resale or network interference
The Customer remains liable for:
- All outstanding amounts
- Applicable remaining contract value (subject to applicable law)
- Legal costs on attorney-and-own-client scale
- Recovery and enforcement costs
13.6 No Waiver of Charges
Termination does not extinguish any financial obligations incurred prior to termination or arising from contractual commitments.
14. PROMOTIONS
Promotions are subject to clawback upon early termination and may be withdrawn or amended at any time.
15. DATA PROTECTION (POPIA)
Personal data is processed in accordance with POPIA for service delivery, billing, and legal compliance.
16. FORCE MAJEURE
STelecoms is not liable for delays or failure caused by events outside its control including power failures, network outages, or third-party disruptions.
17. GOVERNING LAW
This Agreement is governed by South African law and subject to jurisdiction of South African courts.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior communications.