SADV (Pty) Ltd — Consumer Terms & Conditions

1. Introduction

These Terms constitute a binding agreement between SADV (Pty) Ltd (“SADV”) and the consumer customer (“Customer”) for residential FTTH services. By applying for, subscribing to, or using the services, you confirm you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the service.

SADV may amend these Terms from time to time. Changes will be published on SADV’s website; material pricing changes will be communicated with at least seven (7) calendar days’ notice. Continued use after publication constitutes acceptance.

2. Definitions

Key terms include: Acceptable Use Policy (AUP); Activation Date; Agreement; Business Day; Contract Term (month-to-month, 12, 24, or up to 36 months per CPA section 14(2)(a)); CPE; Customer; Downgrade; FNO / Last-Mile Provider; Infini-fi (a SADV brand); POPIA; RICA; Router (“free-to-use” remains SADV property unless sold); Service; Service Address; Uncapped; and Upgrade. Full definitions apply as per the Agreement.

3. Service Provision & Scope

3.1 FTTH Service

Residential broadband over fibre on a best-effort basis. Advertised speeds are theoretical maximums; actual throughput varies due to network conditions, premises equipment, and last-mile infrastructure. No SLA for standard residential services; business-grade services are available under separate terms.

3.2 Availability & Coverage

Provision is subject to coverage and feasibility by SADV and/or the Last-Mile Provider. Orders may be cancelled and prepaid amounts refunded if service cannot be provisioned.

3.3 Third-Party Networks

FNO/last-mile terms may apply and can take precedence for network access rules. Changing from one FNO to another is treated as a cancellation and new order.

3.4 Activation

• Order acceptance; RICA/ID verification; successful CPE installation; payment of any upfront fees.
• Lead times depend on FNO and location (typical metro 5–15 Business Days; 10–30 Business Days if civils/permissions required).
• No recurring charges billed before activation; billing runs monthly in advance thereafter.

3.5 Permitted Use & Compliance

Personal, residential use only; no resale/sharing beyond the premises without SADV’s written consent. Use is subject to law, these Terms, and the AUP. SADV is licensed by ICASA and complies with applicable regulations including RICA.

4. Installation & Equipment

4.1 Access & Scheduling

Customer (or an adult representative) must provide access for installation/maintenance and secure any landlord/body corporate permissions where applicable.

4.2 Standard Installation

• Fibre from boundary to one internal termination point; ONT wall-mount; basic testing.
• Up to ~30m fibre included; extra distance charged per metre on approval.
• Basic soft-ground trenching may be included; hard-surface works excluded or quoted separately.

4.3 Equipment & Ownership

ONT and network plant remain SADV/FNO property unless expressly sold. Keep equipment powered and protected. Customer-caused damage is chargeable; SADV replaces faulty equipment due to fair wear and tear.

4.4 Wi-Fi Router

BYOD allowed; or procure from SADV. Free-to-use routers remain SADV’s property and must be returned on cancellation (or charges may apply). Wi-Fi performance varies; Ethernet port is the performance reference point.

4.5 Fees & Early Termination (Install Subsidies)

Discounted/free install benefits may be clawed back reasonably if early cancellation occurs (e.g., within six months of install), aligned with CPA.

5. Packages, Contract Duration & Renewal

5.1 Prepaid (No Contract)

Fixed duration access (e.g., 30 days), paid upfront. No refunds/rollovers for unused time. If not renewed, account suspends and may be cancelled after a grace period.

5.2 Month-to-Month

Renews monthly in advance; cancel with at least one (1) full calendar month’s written notice. Non-payment may trigger suspension; billing may continue until formal cancellation.

5.3 Fixed-Term (12/24/36 Months)

Term starts on Activation Date. CPA-compliant expiry notices are given. On expiry, service continues month-to-month at out-of-contract rates unless renewed/upgraded/cancelled. Early cancellation allowed on one month’s notice with a reasonable fee per CPA.

5.4 Promotions

Campaign-specific rules apply (eligibility, quotas, benefits, clawbacks, combinations). Installation failure refunds apply where provisioning is not possible.

5.5 Upgrades/Downgrades

• Month-to-month: upgrade anytime; downgrade with notice and any applicable fees.
• Prepaid: changes apply at next prepaid period.
• Fixed-term: upgrades may reset term; downgrades subject to SADV approval and fees/recoveries.
• Contract vs speed change combinations follow the stated rules (e.g., simultaneous contract & speed downgrade = cancellation/new order).

5.6 Suspension vs Cancellation

Suspension is temporary and may still accrue fees; cancellation formally ends the Agreement.

5.7 Relocation

Possible within the same FNO (fees may apply). Different FNO = cancellation & new order.

6. Fees, Billing & Payment

6.1 Service Charges

Pricing disclosed at sign-up; seven (7) days’ notice for changes (unless regulatory/tax driven). Prices may vary by FNO/region.

6.2 Reactivation & Admin/Courier Fees

• Reactivation (suspension): R250 plus any FNO reinstatement charges.
• Courier (standard): R145; urgent/high-risk: R1,099. Admin fee (e.g., downgrades): R250.

6.3 Annual Adjustments

May align to CPI/industry costs; advance notice provided.

6.4 Billing Periods

Monthly in advance (or prepaid upfront). First invoice may be pro-rated to align with chosen Payment Date (e.g., 1st/16th/21st/26th).

6.5 Payment Methods

Debit order, card, EFT, approved vouchers. Customer must ensure valid details/funds; correct references for manual payments.

6.6 Late/Failed Payments

Retries may occur; SADV may throttle/suspend until settled (charges may continue until cancellation). Reconnection/admin fees may apply; prolonged non-payment may be referred for collections.

6.7 Deposits

May be required for credit risk; held on account and applied/refunded appropriately at termination.

6.8 Refunds & Overpayments

Processed within a reasonable timeframe once verified. Not issued for unused prepaid time, partial months, or breaches. Credits are applied to future invoices; specific anti-fraud verification may be required.

6.9 Tax/Regulatory Changes & Invoices

Amounts may change if VAT/regulatory fees change. Invoices delivered electronically; disputes must be raised promptly (undisputed amounts remain payable).

7. Early Termination

On early cancellation or qualifying downgrade, SADV may recover a reasonable, pro-rated value of subsidies/benefits (install, router, promo). Direct-marketing “cool-off” per CPA: five (5) Business Days (reasonable charges may apply for work already done).

8. Customer Obligations & Acceptable Use

8.1 Lawful Use

No illegal/infringing/abusive activity. SADV may suspend and report to authorities where required.

8.2 No Network Abuse

No hacking, malware, DoS/DDoS, spam, or excessive usage harming others.

8.3 AUP Compliance

AUP forms part of the Agreement and is available from SADV on request/website.

8.4 Security

Secure Wi-Fi/passwords/devices; notify SADV of suspected compromise. SADV not liable for endpoint malware or weak passwords.

8.5 “Uncapped” Fair Use

No hard caps/overage fees; reasonable network management (e.g., shaping, temporary speed reductions) may apply to preserve quality.

8.6 Devices & Reselling

Reasonable device limits may be enforced. No reselling/commercial sharing without a written reseller agreement.

8.7 Breach Handling

Warnings, suspension, or termination (immediate where security/illegal content/network risk). Charges may continue during suspension.

9. Service Quality, Maintenance & Uptime

9.1 Best Effort

No express uptime guarantees for residential services. Interruptions may arise from faults, power, upstream issues, maintenance, or force majeure.

9.2 Maintenance

Scheduled work (preferably off-peak) with notice where feasible; emergency work may proceed without prior notice.

9.3 Fault Reporting

Log faults via support channels; cooperate with diagnostics. SADV is responsible for issues within its network/FNO scope.

9.4 Service Credits

For confirmed total outage >48 consecutive hours attributable to SADV/FNO (excluding force majeure/CPE/Wi-Fi), a pro-rata credit for full days beyond 48h may be applied to a future invoice (capped at 100% of that month’s fee).

9.5 Wi-Fi Disclaimer

Performance measured at ONT/router Ethernet. Wi-Fi varies by layout, materials, interference, and devices. Consider wired tests/mesh/extenders.

9.6 General Disclaimer

“As is/as available” unless an SLA applies. International routing/peering/site congestion may impact performance and are outside SADV control.

10. Suspension & Termination

10.1 Suspension (For Cause)

Non-payment, AUP breach, legal/regulatory mandates, or immediate security threats may lead to suspension (with notice where reasonable).

10.2 Termination by SADV (Breach)

Material breach not remedied within a reasonable period may lead to termination. Outstanding amounts and equipment charges may apply.

10.3 Termination by Customer (SADV Breach)

Material SADV breach not remedied within a reasonable period allows penalty-free termination (even on fixed-term).

10.4 Termination by SADV (Convenience)

With at least twenty (20) Business Days’ notice where service/platform is discontinued. No early-termination penalties; unused prepaid amounts refunded.

10.5 Effects of Termination

Final invoice; return of SADV equipment; profile release post-settlement; deposits applied/refunded as appropriate; portal access removed.

10.6 Collections & Assignment

Defaults may be reported to credit bureaus. Customer may not assign without consent; SADV may assign with notice (rights preserved under law).

11. Liability & Indemnity

Use at own risk; SADV not responsible for internet content. To the fullest extent lawful, SADV excludes indirect/consequential damages; total direct liability capped at one month’s fees preceding the incident. Nothing limits non-waivable rights. Customer indemnifies SADV for breaches/illegal use/third-party claims.

Force majeure and planned maintenance exclusions apply.

12. Privacy, Personal Data & RICA

POPIA-compliant processing for lawful purposes; no selling of personal data; sharing under confidentiality for service fulfilment. Credit checks/reporting may occur under the National Credit Act. RICA documents (ID & proof of address) are mandatory pre-activation. SADV complies with lawful interception under RICA.

Marketing follows POPIA s69 rules (opt-out available). Cookies covered in the Privacy Policy. Data retained as required by law/legitimate purpose and then destroyed/anonymised.

13. Customer Support & Contact

• Email: support@sadv.co.za
• Phone / WhatsApp: 084 555 5585
• Customer Portal: https://myaccount.sadv.co.za
• Notices Address: 31 Georgian Crescent, Bryanston, 2191

Unresolved complaints may be escalated to the Internet Service Providers’ Association (ISPA) or ICASA in line with their procedures.

14. General Provisions

• Entire Agreement: supersedes prior representations.
• Branding: services may be offered under brands (e.g., “Infini-fi”); provider remains SADV (Pty) Ltd.
• Amendments: notice given; continued use = acceptance (CPA compliant).
• No Waiver / Severability: rights preserved; invalid terms severed/re-interpreted lawfully.
• Governing Law: Republic of South Africa.
• Notices: as per Agreement; deemed delivery rules apply.
• Legal Capacity & Accuracy: you warrant authority and accurate details; update SADV of changes.
• CPA Compliance: clauses interpreted in line with CPA; consumer-favourable where required.

15. Acceptance

By signing, clicking to accept, or using the Service after being presented with these Terms, you confirm you have read, understood, and accepted them, including referenced policies.