Current Version: Ver 10.2
Updated: 27 November 2022
1. DEFINITIONS AND INTERPRETATION
- The headings of the clauses of this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any substantive provision or clause hereof. Unless a contrary intention clearly appears, words importing:
- any one gender includes the other two genders;
- the singular includes the plural and vice versa;
- natural persons include created entities (corporate or unincorporate) and vice versa.
- The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:
- “Activation Date” means the date upon which the Services are made fully available to the Customer at the Installation Address;
- “Agreement” means these Terms & Conditions and that can be found at kryptonweb.co.za;
- “Bill/Billing” means an invoice and/or amount generated for the Customer’s account;
- “Calendar Month” means a month as it appears on the calendar starting on the first day of the month and ending on the last day of the month. Should any reference point date fall on any day other than the first day of that specific month, then the Calendar Month for said refence point date will be the following full Calendar Month;
- “Claim” means a claim by the Customer for defective Installation and/or defective Services;
- “Claw-back” means the amount billed for the Customer’s account and due to Krypton Web, in the event of a cancellation of Service prior to the end of the Service Term. The Claw-back amount is the associated cost that Krypton Web covers on the Customers’ behalf towards the Installation Cost and/or any administration fees;
- “Coverage Area” means the areas in which Krypton Web is able to provide the Services, subject to Line of Sight, within a maximum distance of 2 kilometers from the Krypton Web antenna to the Installation Address;
- “CPA” means the Consumer Protection Act 68 of 2008 and the regulations promulgated in terms thereof;
- “Customer” means the entity completing the Online Order;
- “Free-to-use” means any Hardware supplied to the Customer by Krypton Web, which remains the property of Krypton Web indefinitely;
- “FUP” and/or “AUP” means the Fair Usage Policy and/or the Acceptable Usage Policy respectively;
- “Hardware” means following equipment:
- A receiver CPE (“beam”) mounted on the exterior of the Installation Address, including brackets and extension pole as required;
- Network cabling;
- Power over Ethernet adaptor;
- Trunking – up to a maximum of 5 meters (if required);
- Associated power plugs.
- “Installation” means the installation of the Hardware at the Installation Address;
- “Installation Address” means the address as specific by the Customer on the Online Order at which the Service will be supplied;
- “Installation Cost” means the initial and upfront Customer contribution for the Installation;
- “Krypton Web” means Krypton Web (Pty) Ltd a private company with limited liability having, registration number 2018/453941/07, situated at 20 Nourse Avenue, Epping Industrial 2, Cape Town;
- “Line of Sight” means an unobstructed view between the receiver CPE installed at the Customer’s address and any of our broadcasting Antenna located within our Coverage Area;
- “Load-shedding” means the planned, systematic and/or disruptive cessation of supply of electricity by the national/local service provider to the national/local grid;
- “Network” means all and/or any component of the Krypton Web and/or FNO infrastructure which is used in making the Services available to the Customer;
- “Rate” means the prime rate of interest as quoted by the South African Reserve Bank on its website url: www.resbank.co.za plus four percent (4%);
- “Re-grading” means the upgrade or downgrade of Service speed from the Customer’s current subscribed service speed;
- “Service” means the Line of Sight internet data subscription to be rendered by Krypton Web to the Customer, as chosen by the Customer on the Online Order;
- “Service Fees” means the monthly billing for the rendering of the Service as per the Online Order as chosen for by the Customer, and dependent on the “service speed”;
- “Service Term” means the term in months as selected by the Customer on the Online Order, which commences on the Activation Date and ends after 12 full Calendar Months of Service has been billed for the Customer’s account; and which determines the period for which any Claw-back can be applied;
- “Supplier” means the place or company from which, especially Hardware, is procured by Krypton Web;
- “Suspend/Suspension” (with regard to Service) means the temporary cessation in supply of Service to the Customer by Krypton Web;
- “Terms” means these Terms & Conditions and that can be found at www.kryptonweb.co.za;
- “VAT” means value added tax, currently levied at a rate of 15%, and as amended from time to time.
- Any reference to days (other than a reference to business days), months or years shall be a reference to calendar days, months or years, as the case may be; provided that should any calendar day fall on a Saturday, Sunday or Public Holiday in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or Public Holiday.
- The parties wish to regulate the contractual basis upon which the Customer subscribes to the rendering of the Services;
- The Agreement regulates the entire ambit of the contractual relationship between the Customer and Krypton Web including but not limited to:
- the Online Order process
- the Installation of the Hardware;
- the subscription to the Service;
- the payment for the Service;
- the suspension of the Service;
- the cancellation of the Service;
- all related ancillary matters.
3. INTERNET SERVICE, ORDERING PROCESS & PRICING
- Krypton Web can only provide a Service to the Customer at a specified Installation Address, within the boundaries of the Krypton Web Coverage Area.
- The Service supplied by Krypton Web is uncapped, unthrottled and unshaped; and has no FUP/AUP.
- The internet Service for the Customer’s specific address can only be ordered via our Online Order page to be found on our website: kryptonweb.co.za
- The Online Order is a request from the Customer to Krypton Web to provide the Service to the specified Installation Address. When placed, the Online Order is a non-binding agreement for Services to be supplied by Krypton Web to the Customer.
- The Online Order becomes a binding agreement between the Customer and Krypton Web at such point when the Customer accepts and/or agrees to and has the Hardware installed at the Installation Address.
- The monthly Service Fees as advertised on the Online Order page are correct from the day of order.
- Installation means the physical installation of the Hardware.
- The Customer shall be liable to pay the Installation Costs to Krypton Web in advance and prior to commencement of the Installation. No over the counter bank cash deposits or ATM cash deposits will be accepted for this installation payment and any bank charges accrued from such transactions will be billed for the Customers account. Should the Customer wish to make a cash payment, Krypton Web will collect this payment and issue the Customer with a cash receipt.
- For all Residential Customers, the Hardware will remain the property of Krypton Web indefinitely and is supplied to the Customer by Krypton Web as Free-to-use.
- For all Business Customers, the Hardware will belong to the Customer on settlement of the Installation Cost as specified on the Online Order.
- The Hardware is covered by a 12-month guarantee against fault, excluding for faults relating to damage whether implied and/or accidental; or due to damage caused by Load-shedding as may be deemed as such by our Suppliers; or due to defect caused by any insect infestation.
- The Customer is responsible for the safekeeping of the Hardware and hereby agrees:
- to notify Krypton Web if any of the Hardware has been lost, damaged, stolen or destroyed; and
- take reasonable steps to prevent the Hardware becoming lost, damaged, stolen or destroyed by ensuring that the Hardware is insured against theft or damage as part of their household/building or other insurance; and
- reasonably ensure that the Hardware is unplugged from the wall socket prior to periods of Load-shedding, until 5 minutes after the power supply has returned, to prevent power surges from damaging any of the Hardware’s circuitry, unless the Hardware is powered by an inverter.
- Should the Hardware become damaged due to Load-shedding or any other electrical power related damaged within the ISP’s 12-month guarantee period, the Hardware will be replaced with a temporary loan unit and the defective unit will be sent to the Hardware Supplier for assessment. The outcome of this assessment will result in the following recourse:
- The Hardware Supplier swops or repairs the defective unit without cost and Krypton Web returns it to the Customer without charge;
- The Hardware Supplier deems the damage to be from Load-shedding, electrical power related damage or insect infestation and does not repair the unit. In this case the Customer will bear the full price of replacement for a new unit.
- Krypton Web shall carry no responsibility or bear any liability arising out of and/or caused by any defects to any Hardware supplied by the Customer themselves.
6. SUBSCRIPTION TO SERVICES
- The Customer hereby agrees to subscribe to the Services rendered by Krypton Web commencing on the Activation Date until the end of the Service Term; at which point the Service shall then continue indefinitely on a month-to-month basis until such time that it is cancelled subject to the terms of this Agreement by either party giving one Calendar Month’s written notice to that effect to the other.
- Re-grading the Service:
- Any upward speed Re-grading must be submitted in writing to Krypton Web, and subject to available capacity on the Customers connection. A pro-rata fee will be billed for that month’s difference in Service Fees and will be due immediately on upgrade.
- Any upward speed Re-grading must be submitted in writing to Krypton Web before the 21st of the month, for effect from the 1st of the following month. The subsequent Service Fee change will hence only be effected for the month in which the speed downgrade has been effected.
7. PAYMENT FOR SERVICES
- The Customer will be billed monthly in advance for the Services and payment will be due on the second day of the month for that month. Invoices will be generated and sent to the Customer three to seven days preceding the month of billing and payment due date.
- Should the Customer fail to pay the amount due to Krypton Web for the Services and/or any other invoices due by the due date, Krypton Web shall be entitled to Suspend the Services to the Customer until such time as all such outstanding amounts have been paid.
- Krypton Web reserves the right to charge and levy the Service Fees on the first calendar day of each month. Accordingly, should the Activation Date be any day other than the first day of any month, then the first month’s Service Fee will be pro-rated for this month and will be due immediately on or before installation; and the next full months’ Service Fee will be due on the second of that month.
- It is the Customer’s responsibility to make sure that they have provided Krypton Web with the correct banking details. If the Customer’s banking details should change for any reason, the Customer must notify Krypton Web of any such change at least two weeks before the next payment due date to enable Krypton Web to facilitate a change in the debit order details. The Customer understands and agrees that Krypton Web cannot be held liable for any charges, damages or loss which may occur if the Services should in any way be interrupted or suspended due to a change in the Customer’s banking details.
- The Customer furthermore acknowledges that should the Services be suspended due to a late/missed payment on the Customer’s part and requires reactivation, there may be a delay of up to four Business Days between the date the Customer’s payment clears into Krypton Web’s bank account and/or syncs with our ISP billing software; or proof of payment is received; and the reactivation of the Services. In this case of reactivation following Suspension, an additional reconnection fee of R100 will be billed and is due to Krypton Web by the Customer.
- Should the Customer choose to effect payment of the Services by means of debit order, Krypton Web requires, and the Customer thereby agrees to do so by way of completing a payment mandate, to a monthly debit order against the Customer’s banking account. To this end, the Customer agrees and undertakes to furnish Krypton Web with their banking information together with the Customer’s written consent to the creation of the debit order upon the completion of the Online Order and/or this Agreement. The Customer hereby agrees and undertakes to sign all such documentation as Krypton Web may reasonably require the Customer to sign for the purposes of setting up a monthly debit order for the upfront payment of the Services.
- No over the counter bank cash deposits, nor ATM cash deposits other than at FNB ATM, will be accepted for payment and any bank charges accrued from such transactions will be billed for the Customer’s account.
8. CHANGE OF INSTALLTION/SERVICE ADDRESS
- The Customer acknowledges that the Services may only be used and will only be made available for use at the Installation Address as per the Online Order submitted by the Customer and may not be moved to another physical address.
- Should the Customer want to change their Service to a different address from that of the Installation Address as per the Online Order submitted by the Customer, the Customer shall have to request a Line of Sight inspection for the new Installation Address. Subject to the outcome of the Line of Sight inspection, the Customer may then decide to:
- change their Installation Address to a new Installation Address and be liable to pay the Installation Costs again subject to a positive Line of Sight Inspection;
- choose to cancel their Service, subject to a negative Line of Sight Inspection at the new address and further subject to the further terms of cancellation in this Agreement.
- Should the Customer wish to change their Service to an address which does not fall within the Coverage Area, the Customer may choose to cancel their Service subject to the further terms of cancellation in this Agreement;
9. SUSPENSION OF SERVICES
- Krypton Web may Suspend the Services if:
- The Customer fails to timeously make payment of all or any amount payable by the Customer to Krypton Web in terms of this Agreement and in which event the Services may be suspended until such outstanding amounts have been paid in full;
- the Customer uses the Services unlawfully and/or to send spam, whether sent intentionally or not, or due to any virus or similar on any of the Customer’s devices sending out spam;
- the Customer fails to comply with any of the terms and conditions of this Agreement;
- the Customer uses an IP address that the Customer does not have a right to use;
- the Customer knowingly or unknowingly uploads, downloads, distributes or has stored any files containing viruses, spyware and/or ransomware
- in the event of a Network failure or when the Network becomes unavailable due to any modification, upgrade, maintenance or for any other reason or circumstance beyond Krypton Web’s control.
- Krypton Web will use reasonable endeavours to keep the Customer informed about the possibility of Service Suspension in the case of non-payment, by means of sending the Customer emails and/or SMS reminders
- The suspension of the Service due to nonpayment will not result in any reversal or credit in billing.
- Notwithstanding anything to the contrary in this Agreement, if the Services are suspended for any of the reasons stipulated above due to nonpayment for a period exceeding thirty days, Krypton Web shall have the right (but not be obliged) to cancel this Agreement by notifying the Customer in writing; whereby the Customer will be liable for any Cancellation charges and terms as per this Agreement and Online Order.
10. CANCELLATION OF SERVICES
- Should the Customer wish to cancel this Agreement at any time, the Customer shall need to give Krypton Web one Calendar Months’ written notice.
- Should the Customer want to cancel their Service prior to the lapsing of the Service Term, the Customer shall be liable to pay for the one month notice period; and shall also be liable to pay the Claw-back amount which will be the lesser of:
- the balance of the Service Fees until the end of the Service Term; or
- a penalty fee of three months the value of the Customer’s current Subscriptions Fee, not including any speed downgrades during the past 2 months from written notice; or
- R1,500 (one thousand five hundred Rands).
- Should the Customer wish to cancel their Service at the end or after the Service Term, the Customer shall be liable to pay for the one month notice period and shall not incur any Claw-back fee.
- For Residential Customers, upon cancelling the Service, Krypton Web will collect the Hardware from the Customer. Krypton Web will make arrangements with the Customer to collect the Hardware from the Customer within no later than 14 Business Days after the Service has ended, unless otherwise agreed upon. Failure to return the Hardware; or by returning any Hardware in a defective or damaged state within 2 years after the Activation Date due to cancellation of Service; will result in Krypton Web raising an invoice for the Customer’s account at the current fair retail price of the specific Hardware.
11. WARRANTIES & QUALITY STANDARD
- The Customer warrants and acknowledges that it is aware that the quality and/or availability of the Services may sometimes be affected by factors such as:
- the features or functionality of the WiFi router;
- an inadequate and/or incompatible and/or damaged WiFi router;
- the distance from the router when connecting to the router over WiFi, especially when streaming or gaming;
- the number of connected devices using the Network/Router at the same time;
- faults in the Customers network or other attached electronic devices;
- faults in other electronic communications networks to which Krypton Web’s internet service is linked;
- faults in the Third Party Service Provider’s networks to which Krypton Web’ Service may be linked or to which may be used to break out onto the internet;
- bad weather conditions;
- other causes of radio interference like nearby/neighbouring routers or electrical power lines.
- The Customer warrants that they will not use the Service for aggregation and/or resell, lease or offer the Service, or any portion of the service, to any third parties.
- The Customer warrants and guarantees that all personal information supplied by the Customer to Krypton Web in this Agreement via the Online Order form is true and correct.
- The Customer acknowledges that Krypton Web holds no liability for Service disruption due to uncontrollable event such as, for example: fire, flood, earthquake, elements of nature or acts of God, riots, civil disorder, vandalism, inter alia; or any other cause beyond the reasonable control of Krypton Web, such as its Third Party Service Providers and hence no claims by the Customer or any other (“third”) party can be brought to Krypton Web due to the unavailability of Service in such cases.
- Krypton Web is liable to render the Services in accordance with generally accepted norms and standards in the industry often described as a “best effort Service” and to the extent permitted by law all other warranties, whether express or implied, are excluded.
- Krypton Web shall, under no circumstances, be liable to the Customer for consequential loss or economic loss, howsoever arising.
- Krypton Web will use its best endeavours to notify the Customer in advance of any maintenance, repairs and/or any other Service related issues which may result in the unavailability of Service. Our Network Status page on our website kryptonweb.co.za will be used as the primary method of communication for such incidence.
- Krypton Web makes no claim and cannot guarantee the exact coverage of the WiFi coverage and strength of the router as there may be many real world interferences that may affect the quality of the WiFi strength at distances further than 15 meters from the router. In general, our assurance covers that our routers’ signal strength will be above 66% for distances up to 10 meters and through no more than 2 standard interior walls. This could however still adversely be affected by any electrical cables or steel works that may be contained in these walls.
- Connection speed and Speed test results
- Krypton Web cannot be held liable for the non-conformance of speed tests conducted over a WiFi connection since WiFi technology operates on an open frequency band and may be prone to environmental interference and noise. This type of interference can arise from neighbouring routers, 4G/5G towers and/or overheard power lines.
- Speed tests must be conducted over a wired connection and must be connected directly to the router via the Ethernet port to determine the actual line speeds of the internet service most accurately
- Speed test results show the balance of the available connection speed after any simultaneous usage is accounted for
- Quality of WiFi connectivity for Smart Devices
- Optimum results for streaming and gaming will be achieved using a cabled connection from your specific device to the router. Krypton Web holds no guarantee regarding buffering issues that may arise when these services are accessed over a WiFi connection, as the quality of the WiFi component on Smart TV’s, media box’s or gaming console’s, etc are beyond our control.
- TV’s: Newer model Smart TV’s may display an on-screen pop-up message if it detects that your router is more than 3 meters away when trying to connect over WiFi.
- Media Boxes: Low quality media boxes may also present a WiFi connectivity issue, causing buffering or a picture pixilation/degradation effect especially after extended and continuous use. Krypton Web would recommend purchasing a media box that has at least 4GB memory/RAM, especially if the Customer will be using this device wirelessly. However, it is always recommended to connect these devices directly to the router via cable.
- Gaming Consoles: For gaming the Customer may experience a higher latency and/or lag when gaming wirelessly compared to gaming using a cabled connection to the router.
- Wireless WiFi Extenders: Wireless WiFi extenders may only transmit a percentage of the full WiFi strength from the router. While the connection between your device and the WiFi extender may be showing a full strength signal, this connection only indicates the signal strength from the WiFi extender and not the quality of the Service speed from the router. A cabled WiFi extender however will transmit the full Service speed from the router. This is especially so in the case of “plug and play” WiFi extenders and may not necessarily be the case for “mesh” type extenders.
12. PERSONAL INFORMATION AND RIGHT TO PRIVACY
- In the process of making an application for Krypton Web’s Internet services you understand and agree that Krypton Web may credit vet the Customers Online Order, if necessary.
- Furthermore, the Customer agrees that, as and when necessary, Krypton Web may obtain, use, store and/or disclose any personal information provided by the Customer and/or obtained by Krypton Web during the application and vetting process, to third parties solely for the purpose of providing a Service to the Customer.
- As and when necessary, the Customer consents to Krypton Web using, storing and/or disclosing the Customer’s personal information provided to either credit granters and/or credit bureau and/or banks and/or other financial Institutions in order to ascertain Information relating to the Customer’s creditworthiness and for fraud prevention purposes; to prove the accuracy of contact details; and in order to process any payment transactions necessary for and relative to this Agreement.
- As and when necessary, the Customer consents to Krypton Web using, storing and/or disclosing the Customer’s personal information to attorneys and/or debt collection agencies should the Customer be in breach of this Agreement and a debt collection and/or legal or arbitration proceedings are initiated.
- Krypton Web will not knowingly disclose your personal information to any other person nor institution other than where compelled and/or obliged to do so in terms of the Law of South Arica and/or in terms of a court order.
- All outstanding amounts payable by the Customer to Krypton Web shall attract interest at the Rate, calculated from due date up until date of payment, compound monthly.
- Krypton Web may, in its sole discretion waive its right to claim interest, alternatively partially waive its right to claim interest for the period calculated from due date of payment up until the date of commencement of legal or arbitration proceedings against the Customer should such proceedings be necessary.
14. BREACH OF AGREEMENT
- The first process in a breach situation will be for a mutual arbitration between the Customer and Krypton Web to find an amicable resolution to the breach.
- In the event of a Customer breaching the terms of this Agreement due to non-payment, on due date or at all, of any amount payable in terms of the said Agreement; or breaching any other provisions of this Agreement and failing to remedy said breach within seven Business Days of delivery of a written notice from Krypton Web; Krypton Web may, in addition to such other rights afforded in this Agreement, by written notice to the Customer claim payment of:
- all or any amount due by the Customer payable under the Agreement
- all or any other amounts, Claw-backs or penalty fees which Krypton Web is entitled to claim under this Agreement;
- any damages suffered by Krypton Web;
- any interest as described within this Agreement;
- any legal costs;
- In the event that the Customer fails to remedy their breach by with the seven Business Day period, Krypton Web will have the right to start debt collection and/or legal or arbitration proceedings against the Customer.
- In the event where Krypton Web has breached this Agreement in any one or more of its obligations in terms of this Agreement, the Customer shall be entitled to give Krypton Web a written notice within which Krypton Web has seven Business Days to remedy said breach failing which the Customer shall be entitled to suspend and/or cancel the Agreement, and claim a refund for prior invoiced Services only for the period of the breach. The Customer may furthermore claim the revocation of the Claw-back amount should they still be with the Service Term.
- Without in any way limiting or detracting from the aforegoing provisions, neither party shall, under any circumstances, be entitled to claim damages in the form of financial and/or economic and/or consequential loss.
15. NON-VARIATION & GOVERNING LAWS
- No agreement varying, altering or cancelling this Agreement shall be valid and binding on the parties unless reduced to writing and agreed upon by both parties.
- This Agreement and/or all or any Agreement concluded pursuant hereto shall be governed by and construed according to the law of South Africa.
16. ADDRESS FOR DELIVERY OF NOTICES AND PROCESS
- The Customer chooses the physical address as per the Online Order; and/or the email address as per the Online Order for the service and delivery of all or any notices and/or legal process arising out of this Agreement.
- Krypton Web chooses Suite 7, 20 Nourse Avenue, Epping 2, Cape Town, as its respective physical and/or postal address; and/or firstname.lastname@example.org as the email address for the service and delivery of all or any notices, service requests and/or legal process arising out of this Agreement.
- Any notices to a party shall be addressed to his chosen address as aforesaid and may be sent by prepaid registered post, delivered by hand or communicated by e-mail.
- In the case of any notice sent by post, it must reach its destination before or within the deemed date for cut-off of contention. Postal service delays and/or inefficiencies will not be a valid claim should any posted communication not reach the recipient in time.
- In the event of any one or more of the provisions of the Agreement and/or these Terms being void or unenforceable in law for any reason whatsoever, said invalid provision(s) shall be struck from the Agreement and/or Terms and/or Agreement (as the case may be) without detracting from the validity of the remaining terms unaffected thereby.
- Black Friday 2022 Promo: 15th November 2022 until 30th November 2022
- Installations and service activations need to be completed before 28 January 2023 to apply.
- These Black Friday Deals are valid for Residential customers only
- This Black Friday Deal is valid as a 12-month Service Term from date of service activation or upgrade/renewal
- This Black Friday Deal Pricing ends 30 November 2023 after which standard pricing will apply
- Installation is free and includes a router. All equipment installed remains the property of Krypton Web
- Existing customers will only be eligible for same speed/speed increase Black Friday renewals and not speed downgrades
- Existing customers that sign up will have their speed changes and/or price changes effective from 01 January 2023 and will be subject to a new Service Term ending end November 2023
- Existing customers that renew/upgrade their Service to this offer and do not complete their full Service Term due to cancellation will be billed a R500 early cancellation fee
- These Black Friday Deals are available on our Wireless Service only and Line of Sight dependent, valid only for our current coverage areas of Rylands, Epping, Cravenby, Parow, Loevenstein, Kensington, Maitland, Bonteheuwel, Hanover Park, Matroosfontein and surrounding areas within our coverage radius