PRIVACY AND POLICY

 Global Platinum Solutions (Pty) Ltd. (GPS), in partnership with FTTHSA and African Technology and Communications owns and operates fibre optics networks as well as leases lines from other fibre network operators that predominantly operate on an open access model.

1. SIGN UP PROCESS

• You may sign up through an email, send completed application form to sales@gplat.co.za.
• You may sign up through a phone call to GPS on +2711 251 5300.
• You May sign up through our on-site sales teams.
• You will be billed upfront for the product selection
• Payment will need to be made into the GPS Account:

Global Platinum Solutions (Pty) Ltd

Standard Bank

Randburg

Account Number: 0221030395

• Your account and services will only be activated once payment reflects in the GPS bank account.
• An automatic disconnection will apply on termination of prepaid services and non-payment of recurring subscriptions
• An installation fee of R1000 for all month-to-month contracts are charged upon registration for installation to take place.
• A call-out fee will be charged for infrastructure/equipment damage caused by the client or third party, not related to the fibre installation of GPS representative and subject to the assessment, and advisement of the GPS representative. Such damages may include the resetting or reconfiguring of current device settings etc,
• Cancellation of recurring services will require one (1) calendar months’ notice. Should there be any outstanding installation fees or monies due for CPE, the full outstanding amount will become due on cancellation.

2. Commencement, Duration, Termination and Cooling-off

2.1 The Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided in the Agreement. In the event that the product or service you have applied for is not activated within 30 (thirty) days of the Acceptance Date (or such extended period as GPS may advise) due to an Uncontrollable Event, the Agreement will automatically terminate, and no party shall have any liability to the other as a result of such termination.

2.2 Fixed Term Agreements

2.2.1 Where the Subscriber is a natural person, you may cancel the Agreement either on the expiry of the fixed period (“Initial Fixed Period”) selected in the Application Form (such Initial Fixed Period calculated from the Activation Date) or on at least 20 (twenty) Business Days written notice to GPS at any time prior to the expiry of the Initial Fixed Period, subject to clause 2.2.4. If the Agreement is not cancelled by you or by us prior to or on the expiry of the Initial Fixed Period, it will automatically continue and constitute a month-to-month agreement terminable on at least 1 (one) calendar months’ notice to GPS, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 80 (eighty) Business Days and not less than 40 (forty) Business Days prior to the expiry of the Initial Fixed Period of the impending expiry date any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid.

2.2.2 Where the Subscriber is a Juristic Person, you may not cancel the agreement during the Initial Fixed Term of the Agreement (such Initial Fixed Period calculated from the Activation Date) save for a material unremedied breach committed by GPS. At the expiry of the Initial Fixed Period, the Agreement will automatically renew and will continue on a month-to-month basis (“Renewal Period”) on the revised terms including revised pricing applicable for such Renewal Period which GPS will notify you of prior to the expiry of the Initial Fixed Period. You may terminate the Agreement during the Renewal Period by giving 1 (one) calendar month notice or notice as specified in the Product Terms or Application Form, which notice will take effect on the first day of the month immediately following the end of such notice period.

2.2.3 GPS may cancel the Agreement –

2.2.3.1 in the case of a fixed term agreement concluded with natural persons – 20 (twenty) Business Days after giving you written notice to remedy a material breach of the Agreement and you have failed to remedy that breach within such time; and

2.2.3.2 in the case of any other fixed term agreement or any month-to-month agreement, on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in the Product Terms or these general terms and conditions.

2.2.4 In the case of a fixed term agreement contemplated in 2.2.1, in the event that you cancel the Agreement prior to the expiry of the Initial Fixed Term, you will remain liable for all amounts owing up to the date of cancellation and in addition GPS will be entitled to impose a reasonable cancellation penalty in contemplation of the Agreement enduring for its intended fixed term.

2.3 Save as specifically provided for in clause 2.2 above, termination of the Agreement shall be governed by and given effect to as contemplated in the Agreement. In particular, month-to-month agreements (other than fixed term agreements contemplated in clause 2.2.1 and clause 2.2.2) may be terminated by either GPS or you on 1 (one) calendar months’ notice, save to the extent provided otherwise in the Product Terms, which termination will take effect on the first day of the month immediately following the end of the applicable notice period.

2.4 Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to GPS as a result of the use of or access to the product or service and the Agreement shall be deemed to continue to apply until such time as all amounts due to GPS have been paid in full.

2.5 If the Agreement results from any direct approach to you by GPS or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to GPS without reason or penalty within 5 (five) Business Days of –

2.5.1 in the case of services only being provided in terms of the Agreement – the Acceptance Date; and

2.5.2 in the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.

2.6 For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code or other intangible product or any license to use such intangible product. Where the Agreement relates to the provision of services and you are provided with Equipment or goods to which clause 9 applies then clause 2.5.1 and not clause 2.5.2 will apply.

2.7 Any notice to GPS by you for cancellation in terms of the Agreement shall be made in writing and unless otherwise prescribed by law, such notice must be made in accordance with the GPS provisioned cancellation procedures which are published on our Website from time to time.

3. NCA and ECT Act

3.1 Although the Agreement is not a credit agreement as contemplated in the NCA, your application for a service or product may be subject to a credit referencing or risk assessment process. This means that GPS may utilize the information provided by you including your personal information and request and receive information about you and your credit record (“Assessment Information”) from registered credit bureaus in order to determine whether you will be in a position to meet your obligations under the intended Agreement. GPS will be entitled to decline to activate a product or service that you apply for if GPS reasonably determines that you may not be able to meet your commitments under the Agreement.

3.2 GPS is entitled to perform these assessments each time you apply for a service or product.

3.3 The consumer protection provisions of the ECT Act, apply to transactions and communications that are executed electronically by a natural person. It also does not apply to paper-based transactions, e.g., where you apply for a service or product by completing an Application Form in writing.

4. Payment

4.1 Unless otherwise agreed in the Application Form or Product Terms, billing will commence on the Activation Date.

4.2 Notwithstanding the aforesaid GPS may bill you for any non-subscription charges e.g., setup fees, hardware costs and/or installation fees prior to the Activation Date.

4.3 You agree to pay all amounts due under the Agreement in consideration for a service or product in accordance with the Application Form or Product Terms under which that service is rendered or that product is offered.

4.4 To the fullest extent permitted by law, all amounts due and payable in terms of the Agreement shall be paid free of exchange and without deduction or set-off, by way of a direct debit order in favour of GPS (drawn against an existing banking account nominated by you), or in such other manner as GPS may from time to time determine.

4.5 You agree that GPS will be entitled and authorized to draw all amounts payable in terms of the Agreement from the account specified by you (or any other bank or branch to which it may be transferred).

4.6 Unless otherwise agreed in the Application Form or Product Terms the debit order authorization will, subject to clause 8.2 above, in terms of the default billing procedure, commence on the Activation Date and will continue and not be revoked until termination of the Agreement or until all amounts due and owing to GPS have been fully and finally discharged; and

4.6.1 will in the first instance be collected immediately or run within 5 (five) Business Days of Activation and immediately collect:

4.6.1.1 any pro rata subscription charges due in advance for the current month; and

4.6.1.2 any subscription charges due in advance for the following month if Activation occurs on or after the 26th of a month; and

4.6.1.3 any outstanding setup and/or hardware charges (whether delivered or to be delivered) or the like; and

4.6.2 will thereafter be collected on the last working day of the first month (if Activation occurred before the 26th of a month), or on the last working day of the following month (if Activation occurred on or after the 26th of a month) and each subsequent month, to collect any amounts due, such as the next month’s subscription charges and/or any applicable usage charges, and/or hardware charges (whether delivered or to be delivered) or the like, whatever may be due and payable on the last working day of each subsequent month.

4.7 You agree to sign all such forms and do all such things as may be necessary to give effect to the debit order as contemplated in clause 8.6 above or otherwise.

4.8 Depending on the Activation Date your first bill may thus be for part of a month and you may be charged for the number of days left in the month or the full month (depending on the product or Product Terms e.g. software license fees normally not pro-rated) in which you signed up or switched over, plus the subscription for the next month and any once off charges that may be applicable.

4.9 Should you fail to pay any amount on the due date for payment then GPS may, without prejudice to any of its other rights and remedies:

4.9.1 take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms.

4.9.2 suspend your access to the service or the use of any product without notice to you until such time as the outstanding amount has been paid in full; or

4.9.3 subject to clause 2, terminate this Agreement with immediate effect.

4.10 In the event of GPS suspending your access to the service, GPS reserves the right to continue to charge you the minimum required to keep your account activated for the period of suspension, unless terminated by you in terms of the Agreement.

4.11 If any changes are proposed to any terms of an agreement between GPS and a Network Operator and/or any third party supplier, which impacts on the provision of any services or products in terms of the Agreement, or if any changes to this Agreement are necessary because of new and/or amended legislation and/or changes to GPS’s license conditions and/or any changes to our products and services and/or fees and charges relating thereto, GPS shall subject to clause 2 above, be entitled to amend the terms, fees or charges for its services or products at any time on 30 (thirty) days’ notice to you as provided for in clause 21 below. However, should the Network Operator and/or third party supplier not provide GPS with timeous written notice, or should any other circumstances beyond the reasonable control of GPS occurs which does not enable GPS to reasonably have the opportunity to give 30 (thirty) days’ notice, then GPS will only be able to provide written notice to you within a reasonable period after GPS is so notified, and in such event the notice period may be shorter than the aforesaid 30 (thirty) day notice period. The amendment will take effect on the date indicated in the notice.

4.12 GPS will use reasonable endeavors to inform you well in advance, and in any event prior to disconnection, about the possibility of disconnection in the case of non-payment.

4.13 When roaming (including voice, data and hotspot roaming), you will be responsible for all applicable GPS charges in addition to the relevant service provider’s charges and subject to their limitations or conditions of such roaming services.

4.14 To the extent that GPS incurs any additional expenditure relating to the tracing and/or collection of unpaid amounts, those costs shall be for your account to the extent permitted by law.

4.15 Where you select any item to be added to your bill in the My Account site, the cost of such item will appear on your next bill.

4.16 The products and services that you may elect to add to your bill on the My Account site may be offered by third party providers and are subject to their applicable terms and conditions. You are solely responsible for evaluating the product or service, as the case may be, and the terms and conditions applicable to it before adding the item to your bill. We are not a party to or in any way responsible for any transaction between you and the third-party provider of any such products/services.

4.17 You are responsible for all transactions and any other activities that may occur under your username and password. All transactions done on the My Account site under your username and password will be deemed to have been made by you, including any item added to your bill.

4.18 GPS will be entitled, from time to time, to impose limits on the total value spent on items added to your bill per month. Once the limit is reached, no further items may be added to your bill on the My Account page for that month/day (whichever is applicable).

5. INSTALLATION

 By signature to this document the lessee undertakes that all property approvals and rights to install equipment for the services have been obtained from the lessor and/or property owner. This includes any common property.

1. The installed infrastructure is and will remain the property of GPS during and after lease period of the services.
2. Where applicable an installation price may apply, these fees could be amortised over a period. Such payment plans need to be discussed with your sales consultant.
3. Customer Premise Equipment (CPE) including FNO routers – these fees could be amortised over a period. Such payment plans need to be discussed with your sales consultant. The equipment will be owned by GPS until fully paid for by the Lessee.
4. Insurances for CPE will be carried by the lessee and the lessee indemnifies GPS of any damages, acts of god and/or anything whatsoever that may arise from the installation and usage of such equipment. This is including any cyber activities, fraud, data loss, viruses and/or anything relating to data services.
5. Fibre Optic Routers installed by GPS will remain the property of GPS and/or the FNO, during and after contract/service period. These routers will be removed after the contract/service period.
6. Installation is carried out in a professional manner and by appointment only, you are urged to verify that no unauthorised person gains access to your premises.
7. Installation materials are of the highest standards and meets the necessary standards.

6. FAIR USAGE POLICY

 GPS may suspend services if:

• Failure to make payment on prepaid or subscriptions, maximum time being 30 days, thereafter it will be a permanent disconnection and reconnection rates may apply;
• GPS or the FNO network fails due to maintenance, breakages or outages beyond GPS and/or the FNO’s control;
• Breach of the Fair Usage Policy;
• There is tampering with the infrastructure, CPE, Fibre Router or software;
• GPS will make reasonable attempts to notify you of any suspensions.
• GPS offers standard packages ranging from 5Mbps, 10Mbps and 20Mbps, uncapped connectivity, which are specifically designed for home private usage.
• In the event that the client exceeds the typical expected threshold for private home usage by using the line for business purposes, torrent download or similar services, GPS reserves the right to cancel the subscription permanently.
• As the packages offered by GPS are classified as Fibre to the Home, clients are not permitted to aggregate the fibre connectivity and/or on selling of fibre products. If clients are found to be in breach of clause 6.7 to 6.8, GPS reserves the right to permanently cancel the subscription services.

7. MAINTENANCE

GPS undertakes to make services available at all times, with reasonable steps to obtain this.

• Service quality maybe affected by head end equipment, CPE, Routers and/or the fibre network.
• Service maybe disrupted due to undersea cables and third-party services.
• GPS does not warrant any Wi-Fi router that GPS provided to you if the CPE or fibre line has been damaged due to water, humidity or perspiration; acts of god; government; war; fire; flood; lightning; tornadoes; earthquakes; or storm; acts of terrorism; explosions; civil commotion; industrial dispute including strike action; disassembled; disassembled, physically altered; permanently installed; affixed; attached; joined or added to; blended with; embedded within equipment or property.
• The equipment may not be moved to any other address or location without prior consent from GPS
• You warrant by signature below that all personal information supplied by you to GPS is true and correct and that you accept the terms and conditions of this agreement.