STelecoms (Pty) Ltd
Fibre & Data Services Terms and Conditions
(Republic of South Africa – Binding Service Agreement)
1. GENERAL
1.1 STelecoms (Pty) Ltd (“STelecoms”, “we”, “us”) provides fibre-based data, voice, and related telecommunications services (“Services”) to customers (“Customer”, “you”).
1.2 STelecoms reserves the sole and exclusive right to determine the technology, infrastructure, routing, and network configuration used to deliver the Services.
1.3 These Terms form part of the Master Service Agreement and must be read together with:
- STelecoms Standard Terms and Conditions
- STelecoms Fair Usage Policy (FUP)
- Any service-specific or product-specific agreements
1.4 In the event of any conflict, service-specific terms shall prevail.
1.5 STelecoms may amend these Terms on thirty (30) days’ written notice or such shorter period as reasonably required.
1.6 STelecoms delivers Services using third-party infrastructure providers (“Network Providers”) and remains the Customer’s primary contractual point of contact.
2. PROVISION OF SERVICES
2.1 Service delivery is strictly subject to:
- Network availability
- Technical feasibility
- Credit approval
- Acceptance of this Agreement
2.2 STelecoms makes no representation or warranty regarding fibre coverage prior to formal confirmation by the relevant Network Provider.
2.3 Desktop feasibility checks are indicative only and do not constitute a binding commitment.
2.4 A service is deemed feasible only once:
- The Network Provider confirms availability; and
- A formal quotation is issued.
2.5 STelecoms shall not be liable for delays, non-delivery, cancellations, or feasibility rejections caused by Network Providers.
2.6 Services are offered only in selected areas and may be declined at STelecoms’ sole discretion.
2.7 The Customer may not resell or commercially exploit Services without prior written consent.
2.8 STelecoms may suspend or terminate services immediately for unauthorised resale or abuse.
3. SERVICE LEVELS & PERFORMANCE
3.1 Services are provided on a best-effort basis.
3.2 Unless governed by a separate SLA, no guarantees are provided for:
- Uptime
- Throughput
- Latency
3.3 STelecoms shall not be liable for interruptions, degradation, or congestion.
4. COMMENCEMENT & DURATION
4.1 The Agreement commences on the Service Activation Date.
4.2 Contract terms may be:
- 24 months
- 12 months
- Month-to-month
4.3 Upon expiry, all contracts automatically convert to month-to-month.
4.4 All contracts remain subject to the termination provisions in Clause 12.
5. BILLING & PRICING
5.1 STelecoms may adjust pricing on thirty (30) days’ written notice. to out of contract or month to month services
5.2 Billing principles:
- Subscription billed in advance
- Usage billed in arrears
- Pro-rata billing applies on activation
5.3 Billing Commencement (Critical Clause):
Billing begins immediately upon:
- Installation completion; and
- Backend provisioning
regardless of usage, configuration, or power status.
5.4 Non-usage does not constitute grounds for non-payment, refunds, or credits.
5.5 Invoices are binding unless disputed in writing within seven (7) days.
5.6 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.
6. INSTALLATION & ACCESS
6.1 Installation is performed by authorized contractors.
6.2 The Customer must:
- Provide unrestricted site access
- Ensure site readiness
- Ensure continuous power
6.3 Customer-related delays do not suspend billing.
6.4 Non-standard installations are chargeable.
6.5 Installation is complete upon successful testing.
6.6 Failure to sign acceptance within 48 hours results in deemed acceptance and billing activation.
7. EQUIPMENT
7.1 The ONT remains the property of STelecoms or the Network Provider.
7.2 CPE remains STelecoms property during the contract term unless otherwise agreed.
7.3 The Customer is responsible for damage, loss, environment, and power.
7.4 STelecoms retains full remote management control.
8. SERVICE INTERRUPTIONS
8.1 STelecoms will use reasonable efforts to restore service.
8.2 No liability applies for interruptions caused by:
- Power failures
- Customer equipment
- Third-party infrastructure
8.3 Customer-caused faults are billable.
9. LIABILITY & INDEMNITY
9.1 STelecoms is not liable for indirect, consequential, or economic loss.
9.2 The Customer indemnifies STelecoms against all claims arising from service use or breach.
9.3 The Customer is solely responsible for:
- Site access
- Power availability
Failure does not suspend billing.
9.4 Liability is limited to one (1) month’s subscription fee.
10. FAIR USAGE POLICY (FUP)
10.1 All services are subject to FUP.
10.2 STelecoms may throttle, shape, or restrict traffic.
10.3 Abuse may result in suspension or termination.
11. NON-PAYMENT
11.1 Services may be suspended immediately for non-payment.
11.2 Additional fees may apply, including penalties and reconnection charges.
11.3 Accounts unpaid for fifteen (15) days may be:
- Handed to collections
- Reported to credit bureaus
11.4 The Customer is liable for all recovery and legal costs.
12. CANCELLATION & TERMINATION (STANDARDISED)
12.1 Fixed-Term Contracts
The Customer remains liable for the full contract term. Early termination triggers:
- Full remaining subscription fees
- Equipment and installation cost recovery
- Legal and collection costs
12.2 Month-to-Month Services (Strict Notice)
Cancellation requires:
Sixty (60) calendar days’ written notice
- Notice via official STelecoms channels
The notice period:
- Starts on the first day of the following calendar month
- Remains fully billable regardless of usage
No refunds, credits, or pro-rata reductions apply.
12.3 Automatic Continuation
All contracts convert to month-to-month and remain subject to the 60-day notice requirement.
12.4 Pre-Installation Cancellation
Charges may include:
- Network provider penalties
- Survey and planning costs
12.5 Post-Installation Cancellation
Once installed:
- Service is deemed active
- Full billing applies
- Termination triggers full liability or 60-day billing
12.6 Termination by STelecoms
STelecoms may terminate immediately for:
- Breach
- Non-payment
- Illegal use
- Network risk
All fees remain payable.
12.7 No Waiver of Fees
Suspension or non-use does not stop billing.
12.8 Equipment Recovery
Unreturned equipment is chargeable.
Outstanding balances become immediately due.
13. MIGRATIONS & CHANGES
Subject to product rules, network limits, and applicable fees.
14. RELOCATION
Subject to feasibility. Costs are for the Customer.
If service is unavailable, cancellation is allowed but equipment costs remain payable.
15. PROMOTIONS
Promotions are conditional and time-bound.
Early cancellation triggers full penalties.
16. COMPLAINTS & ESCALATION
Internal escalation applies first.
Final escalation may be made to ICASA.
17. PRIVACY & DATA PROTECTION
STelecoms processes personal data in accordance with POPIA and applicable law.