Legal terms & policies

Standard Terms & Conditions

1. Acceptance of terms

Thank you for choosing Infinity Connect (Pty) Ltd to provide you with the services ("the Services") and/or products ("the Products") for the minimum initial period ("Initial Period") and other items you have requested on the subscriber form to which these terms are attached, for the fees and charges ("Charges"). As the Subscriber, you agree that these standard terms and conditions shall apply to the provision of such Products and/or Services.

2. Provision of services

Infinity Connect will use all reasonable endeavours to make the Services available at the earliest opportunity. Where the Services, or any part thereof, are provided directly or indirectly by a third-party network or service provider, such Services or your access thereto may be delayed, interrupted or reduced for reasons outside our control. You agree that we are not liable for such delay, interruption or reduction.

Infinity Connect is a licensed electronic communications service provider. Last-mile access is typically procured from licensed fibre network operators and wholesale carriers. Depending on the product:

• Home fibre (FTTH) is a white-label Layer 2 last-mile service. Infinity Connect is your ISP of record and provides internet (Layer 3), billing and support.
• Business fibre (FTTB) is supplied as business broadband, dedicated uncontended fibre, Layer 2 fibre, dark fibre and/or Layer 2 wireless, as specified on your quote or subscriber form.
• Fixed LTE / 5G is a location-locked wireless broadband service delivered over a licensed mobile network.

You contract with Infinity Connect, not with the underlying network operator, unless we tell you otherwise in writing. We remain responsible for billing, first-line support and your customer relationship. We are not the last-mile network owner and cannot control third-party network outages, coverage, civil works, wayleaves or radio conditions.

3. Contract term and termination

This agreement shall commence on the date on which Infinity Connect activates the service, such activation being at our sole discretion, and shall endure for the period as stipulated on the subscriber form ("initial period") and thereafter indefinitely until terminated by either party by giving the other party one calendar month's written notice of termination or as otherwise agreed in writing by the parties. Such notice of termination shall be effective from the first day of the next calendar month.

Business connectivity: Cancellation notice for business connectivity links is 90 days unless your subscriber form states a longer period. If the Customer wishes to terminate after the initial contract term has ended, they must provide written notice no later than 90 days prior to the intended date of termination. Terminations that do not comply with this notice period may result in additional fees or charges. This 90-day rule applies to FTTB and other business last-mile circuits.

If the Services and/or our agreement with you is terminated for whatever reason before the end of the Initial Period, you agree to pay us the sum of inter alia the monthly subscription or access Charges payable for the rest of the Initial Period.

The Customer will remain liable to Infinity Connect for any amount owed in terms of the Service Agreement up to the date of the actual cancellation thereof.

Infinity Connect may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term, in accordance with section 14 of the Consumer Protection Act 68 of 2008 ("CPA") where the CPA applies.

A reasonable charge as contemplated in section 14(4)(c) of the CPA may not exceed a reasonable amount, taking into account: the amount which the customer is still liable for up to the date of cancellation; the value of the transaction up to cancellation; the value of the goods which will remain in the possession of the consumer after cancellation; the value of the goods that are returned; the duration of the consumer agreement as initially agreed; losses suffered or benefits accrued by the consumer as a result of entering into the agreement; the nature of the goods or services; the length of notice of cancellation; the reasonable potential to find an alternative consumer; and the general practice of the relevant industry.

Infinity Connect will not charge a charge which would have the effect of negating the Customer's right to cancel a fixed-term consumer agreement as afforded by the CPA.

Subscription fees include device costs, financing of equipment and other costs invested in providing the service, which may include licensing fees, provisioning and de-provisioning, installation and removal, outstanding amounts, and support costs.

Currently, until the CPA sets out what is reasonable, Infinity Connect shall calculate a reasonable cancellation fee as being the total monthly cost of the services and/or equipment rental, multiplied by the remaining period left on the contract, less 10% (ten percent) early settlement discount. Infinity Connect will not merely construe the aforesaid as a predetermined set penalty but will treat each case on its merits. Where a sliding-scale penalty was agreed, that scale shall apply.

Section B (individuals and legal entities): On termination, Infinity Connect shall remove its equipment (rented and not fully paid for) from the premises of the Customer and the Customer shall be liable for a labour fee amounting to R1,092.50 (incl. VAT).

Cancellation cut-off: To ensure processing for the next billing cycle, all cancellation requests must be submitted in writing to cancel@infinityconnect.co.za before the 23rd day of each month. Requests received on or after the 23rd may only take effect from the end of the following calendar month due to supplier timelines and technical dependencies, and the Customer remains liable for charges up to the effective termination date. This does not amend any product-specific notice periods (for example, 90-day business connectivity terms).

4. Charges and payment terms

4.1 Invoicing, penalties and suspension or termination of services

You agree that the service provider's records constitute ostensible proof of your use of the Services and/or Products.

You the customer are responsible for and agree to pay to Infinity Connect all Once Off Costs and Monthly Costs specified in the Cost Schedule in South African currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.

Our monthly invoice shall be prima facie proof of the amounts owed by you for the Services and/or Products and is delivered monthly in advance and payable 7 days after the invoice was provided.

The addresses on the subscriber form shall be the chosen domicilium citandi et executandi for all purposes under this agreement.

Invoices will be emailed to the Customer's designated billing email unless the Customer gives written request for another method or that the billing email has changed.

You agree to settle any charge invoiced to your account promptly and on the due date, unless otherwise agreed, and will present any queries relating to your invoice to accounts@infinityconnect.co.za no later than 7 days after the date the invoice is issued.

Any amount falling due for payment which is not paid on its due date shall bear interest calculated from the due date until date of payment, at a rate equal to the prime overdraft rate plus two percent (2%).

Infinity Connect charges for service in advance and not in arrears. While a service may be provisioned and available to you before you receive an invoice, such provisioning does not constitute a line of credit.

Where Infinity Connect provides immediate access to a service for which the invoice is issued, such invoice shall be due and payable immediately but a three-day period shall be allowed as an agreed date of payment.

If a debit order or other automated processing arrangement is in place, the scheduled payment date is the agreed due date. Arrangements involving third parties do not indemnify you if those arrangements do not settle your invoice in full.

Non-payment, or short payment, of any invoice on the due date constitutes a breach of this agreement. Nothing in this agreement precludes Infinity Connect's right to tempore morae interest under the common law.

The nature of an Internet service precludes any reasonable expectation of full uptime and full speeds, and Infinity Connect shall not be obliged to effect any refund or pass any credit note in respect of any period during which a service is not available or is degraded in any way, except where a written SLA expressly provides service credits.

Any billing error resulting in an overcharge or overpayment will result in a credit note (including any interest charged in error) against outstanding invoices, or the next invoice. Refunds shall only be made if the credit would exceed anticipated invoices arising in the sixty days after the credit. Refunds shall be paid electronically into a banking account designated by you.

Notwithstanding any dispute-resolution process, Infinity Connect may cede, collect and enforce through any competent court any amount owing on an attorney-and-own-client scale.

If your circuit operates at a higher speed than the service for which you have applied, we may charge you the amount due in respect of the higher speed.

Ordinarily invoices shall be issued on the 24th day of the month and be due for payment 7 days thereafter. Circumstances may cause invoices to be issued on a different day. In December, invoices may be issued early with payment due before 16 December.

If you receive a discount and you maintain an outstanding balance for 14 days or more, or are in breach (and the balance is not a legitimate dispute), all discounts shall be terminated from the date the outstanding balance initially became due. Non-contractually assured discounts remain within Infinity Connect's sole reasonable discretion and may be amended or terminated.

Infinity Connect will not accept any liability for delays, suspensions or impact to Services due to use of non-approved payment methods.

Infinity Connect may charge an Admin Fee for failed or returned payments, regardless of method or reason. Admin Fees are payable immediately with the outstanding fees. Admin Fees are calculated on a sliding scale based on incidents of non-payment. Non-payment of Admin Fees is treated as non-payment. Once levied, Admin Fees are not recoverable or reversible.

If Services are suspended or terminated, including for non-payment, Infinity Connect may charge a Reconnection Fee before reactivation. Multiple reconnection fees may apply where multiple products are affected, and escalating penalties may apply for repeated non-payment. Prior leniency does not prejudice enforcement. Reconnection may be subject to a waiting period of up to 48 hours, regardless of when payment is received or cleared.

In billing disputes, the onus is on the Customer to raise the dispute in good time to prevent interruption. Successful disputes are settled by account credit or refund, at Infinity Connect's discretion.

Infinity Connect reserves the right to terminate services where a Customer has shown a repeated disregard for payment terms. Notice of termination will be provided to the best of Infinity Connect's ability, but Infinity Connect will not be held liable for claims for further provision of services once terminated for non-payment.

4.2 Suspension or termination of service

Infinity Connect may, subject to this Agreement or the AFUP, suspend or terminate services of a Customer in its absolute discretion by providing email notice if:

1. the Customer commits a serious or repeated breach of the Agreement or engages in any conduct which in Infinity Connect's opinion would have a negative impact on Infinity Connect, other Customers or staff, or is detrimental to the welfare, good order or character of Infinity Connect; or
2. any part of the Customer's Fees are not paid in full when due; or
3. the information the Customer supplied is found to be incorrect or false; or
4. Infinity Connect reasonably thinks that the Customer's use of the Services may result in the commission of a crime or is otherwise unlawful.

Infinity Connect reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Customers where possible. Upon such suspension or termination, such Customers: will not be eligible for reimbursement/compensation unless at Infinity Connect's discretion; may be barred from signing up in future; may be reported to governing bodies such as ISPA; and may be listed with applicable authorities and credit bureaux.

The period of suspension will be that which is reasonable under the particular circumstances.

Should the Customer relocate, the customer remains liable for fulfilment of its obligations even if no acceptable coverage, signal strength or connectivity is available at the new address.

Should a bad connection (as determined by Infinity Connect) occur for any reason including interference, trees, terrain, new buildings or other obstructions, civil works, community unrest or electricity supply, and where Infinity Connect is unable to find an alternative adequate connection, Infinity Connect may cancel this Service Contract by providing 1 (one) calendar month notice. The Customer will only be liable for monthly service and rental fees up to the last day of such termination date. Infinity Connect shall at its own cost remove rented and/or unpaid equipment at a date and time convenient to Infinity Connect.

Upon final termination by the Customer, Infinity Connect shall remove its equipment at a date and time convenient to Infinity Connect, and the Customer shall be liable for payment of R980 (inclusive of VAT).

The Customer is entitled to cancel this Service Contract within 7 (seven) days after the effective date, with written notice to Infinity Connect, which may or may not be accepted by Infinity Connect (subject to the CPA cooling-off rights where they apply).

4.3 Additional services

In the event of any "bolt on services" (additional services) being requested, whether on the subscriber form or later, the supply of such services will be subject to these terms and conditions as well as additional terms (if applicable), at an additional charge.

5. Delivery

Delivery of all Products will be dependent upon stock availability and other factors. Upon delivery to you, all risk in and to the Products will pass to you. You agree to comply with the manufacturer's instructions and all licensing terms where software is supplied, and all other use restrictions.

6. Regulatory

Telecommunication or ISP services are supplied subject to the terms and conditions of an ECS and ECNS licence as issued by the Independent Communications Authority of South Africa (ICASA). The services supplied under this agreement will be subject to any changes to the terms and conditions of the licence. RICA (the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002) applies. We may refuse to activate or may suspend a service until RICA is completed.

7. Warranty

All of our Products and services supplied to you are warranted in accordance with industry norms against defective workmanship and components, but the terms of our warranty are subject to the manufacturer's and/or supplier's terms of warranty as to duration, "OTB failures", returns and handling procedures and any Charges. To the extent such warranty terms do not accompany the Product packaging then, upon request, we will provide you with specific applicable terms. The terms of such warranty will prevail over all other warranties and guarantees.

If we loan any Product to you or if we are providing any products bundled with a service on a monthly rental basis then you bear all risk of theft, loss, damage or destruction.

8. Intellectual property

You agree that we retain all rights in and to any methodologies and all other know-how that we possess or that are created when providing our Services.

9. Consequential loss

You agree that, unless your losses arise from our fraudulent conduct, we will not be liable for any consequential losses of whatsoever nature and however arising. In any event, the maximum extent of our liability to you will be equal to the amount you have paid to us for the Services under this agreement for the past three months.

10. Cession and assignment

We may assign our rights and obligations to another service provider if we are satisfied it will continue to render the Services to you in a manner that is in keeping with our standards.

If our authority to procure the Services for you from third-party service providers is terminated for whatever reason, we may assign this agreement to a third party; alternatively, suspend or cancel the provision of the Services or this agreement. You will not be liable for payments in respect of suspended Services in such circumstances.

11. Whole agreement

These terms, including those in our subscriber form, comprise the whole agreement between us and supersede and prevail over all prior agreements and arrangements between us relating to the provision of the Services and/or the Products and no other provisions shall apply unless specifically agreed to in writing by us.

12. Confidentiality

The Parties shall treat as strictly confidential all information received, obtained or acquired as a result of entering into or performing in terms of this Agreement which relates to the provisions of this Agreement, the negotiations relating to this Agreement, the subject matter of this Agreement, and the other Party.

A Party may disclose information which would otherwise be confidential if and to the extent that it is required by law; required by any securities exchange or regulatory or governmental body; required to comply with obligations under this Agreement; disclosed to professional advisers, auditors and bankers; information that has come into the public domain through no fault of that Party; or approved in writing by the Party to whom such information relates.

13. Dispute resolution and arbitration

If any dispute arises out of or in connection with this Agreement, its termination or cancellation or the subject matter thereof, including claims in delict or for rectification, a Party may declare that a dispute exists by notice in writing to the other Party.

Within 10 (ten) days of receipt of a notice, the parties or their duly authorised representatives must try to meet and: resolve the dispute; agree a process for resolving the dispute (including mediation or alternative dispute resolution); or agree to refer the matter to arbitration.

If the Parties do not meet or do not deal with the dispute as provided, the dispute will be deemed to have been referred to arbitration and shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ("AFSA") by an arbitrator appointed by AFSA, subject to the rights of appeal in the AFSA rules. Should AFSA not be in existence, the nomination shall be made by the President for the time being of the Legal Practice Council (or its successor).

Any arbitration shall be held at Johannesburg and conducted according to the rules of AFSA, unless the Parties otherwise agree in writing. It shall not be necessary to observe the usual formalities or the strict rules of evidence. Save for the aforesaid, the arbitration shall be subject to the Arbitration Act, 1965.

The Party in whose favour an arbitration ruling is made shall be entitled to reimbursement of reasonable travel, accommodation and similar expenses incurred in attending such arbitration, provided the arbitrator has awarded those expenses.

14. Notices

You agree to comply with any notice, directive or policy that governs and/or restricts the use of the Services and/or Products that apply to all Subscribers/users.

All requests by the Customer for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via accounts@infinityconnect.co.za (cancellations via cancel@infinityconnect.co.za) and Infinity Connect reserves the right to ignore any such request made in any other manner.

The Parties choose their addresses where they will accept service of any notices/documents (domicilium citandi et executandi):

• Infinity Connect: support@icsp.co.za, 19 Clew St, Kenmare, Krugersdorp, 1745; and
• the Customer: the addresses set out in the most recent Service Contract.

Either Party may vary its domicilium by notifying the other Party in writing. Notice given in terms of this Agreement must be in writing. Hand delivery is deemed received on the date of delivery. Email is deemed received upon confirmation of receipt (not automated receipt), except that any notice Infinity Connect sends by email to an email account hosted on the Infinity Connect System will be deemed received on the date of transmission. If a written notice is actually received, that is adequate written notice.

15. Credit limit and deposit

We shall be entitled to determine a credit limit applicable to you from time to time and to suspend the Services should you exceed such credit limit. Despite such credit limit, you will be liable for payment if you exceed this limit.

Infinity Connect may, at its sole and absolute discretion, request a Services deposit equal to one month of the estimated monthly services cost. Should the subscriber reach their credit limit or their usage exceed the Service Deposit, they may top-up their account using the self-care billing portal.

16. Breach

Should a Party ("the defaulting Party") commit a breach of any of the provisions of this Agreement, then the other Party ("the aggrieved Party") shall, if it wishes to enforce its rights, give the defaulting Party 7 (seven) days written notice to remedy the breach. If the defaulting Party fails to comply, the aggrieved Party shall be entitled to cancel this Agreement and/or to claim immediate payment and/or performance of all obligations in respect of which it is in breach, without prejudice to the right to claim damages.

The aggrieved Party shall not be entitled to cancel this Agreement for any breach unless such breach is a material breach going to the root of this Agreement and is incapable of being remedied by a payment in money, or if it is capable of being remedied by a payment in money, the defaulting Party fails to pay the amount concerned within 7 (seven) days after such amount has been finally determined and payment has been demanded in writing.

17. Jurisdiction and governing law

Subject to the arbitration clause, this Agreement and any matter arising from it shall be subject to the jurisdiction of the South Gauteng High Court. The Parties submit to that jurisdiction and appoint as their domicilia their respective addresses as set out in the services application form. This Agreement shall be governed by the laws of South Africa.

18. General

You agree that an electronically scanned and stored version of this document shall constitute sufficient evidence of its content and signature by you and us.

If the Subscriber is a corporate entity or trust, the signatory warrants that he or she is duly authorised to enter into this contract and to sign the debit authorisation, if applicable. By signature the signatory binds himself or herself as surety and co-principal debtor on behalf of the Subscriber in favour of us for the due and punctual fulfilment of all of the Subscriber's obligations, including the payment of all Charges and liquidated damages.

19. Non-solicitation

During the currency of this Agreement and for a period of 2 (two) years following its termination, neither Party shall solicit any employee of the other Party for the purposes of offering employment to such employee.

20. Limitation of liability and indemnity

Infinity Connect will not be liable to the Customer or any third party in respect of any and all damages, loss, claims or costs of any nature including but not limited to direct, indirect, consequential or special damages suffered by the Customer or any third party however arising, and Infinity Connect will moreover not be liable whether the loss was the result of an act or omission of an Infinity Connect employee.

To the extent permitted by law, Infinity Connect will not be liable in any way whatsoever for any claims arising from loss, injury, damage or costs suffered by the Customer (including but not limited to their person, employees, customers, property or business) in connection with this Service Contract, the equipment and/or services whether or not such claim arises during installation, while this Service Contract is in effect or after termination.

In the event that Infinity Connect is nonetheless held liable, the quantum of Infinity Connect's liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Infinity Connect or any other cause.

Use of the services indicates that the Customer indemnifies and holds Infinity Connect harmless in respect of any damages, loss, costs or claims instituted against Infinity Connect arising from any application or subscription to or the use of any service or breach of the terms applicable to it.

These limitations on liability and indemnities apply to the benefit of Infinity Connect and Infinity Connect's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Infinity Connect System.

Nothing in this clause will limit the Customer's liability in respect of charges incurred for ongoing Services.

Where the CPA is applicable, and any provision of this clause is found by a court or tribunal with jurisdiction to be unfair, unreasonable or unjust, then that provision will be severed, and the remainder of this clause will have full force and effect. In the case of ambiguity, this clause will take precedence over any expression of the Parties' intention elsewhere in this Agreement.

21. Line faults and repairs

Infinity Connect will be entitled to assume that the Services provisioned to a Customer are in good working order until such time as the Customer advises Infinity Connect Support of any problems or service breaks.

Any faults or service interruption should be reported via one of the channels available on the Infinity Connect website. We will attend to faults reported during office hours and apply reasonable endeavours to have the Services restored in the shortest possible time.

If the Provider determines that the reported fault was caused by the Customer, the Customer shall be liable for payment of the relevant call-out charge as stipulated from time to time. Some services are governed by Infinity Connect's Service Level Agreement ("SLA") as published and/or available on request.

Infinity Connect accepts no responsibility for connectivity, network and/or Customer downtime problems, or any losses or damages associated thereto, or any line-of-sight or external factors that could affect the quality of the service after completion of installation.

All post-installation technical problems must be reported to Infinity Connect's technical help desk as per the Fault Reporting and Escalation Procedure published on our website and/or available on request.

Installation, service or billing problems may not be voiced on any public platform (including social media) if the above procedure has not been followed and Infinity Connect has not been given acceptable time to rectify problems on a non-public platform.

22. Interpretation & general

This Agreement forms the basis of the agreement between the parties, and should be read together with the service application and all documents and/or terms and conditions referred to therein. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

The laws of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of the Republic of South Africa in this regard.

Any provision that anticipates any right or duty extending beyond termination or expiry will survive termination or expiry and continue in full force and effect.

Signatories acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.

If a provision is reasonably capable of an interpretation which would make it valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable. If any part is found to be partially or fully unenforceable, this will not affect the remainder of this Agreement.

23. Credit vetting consent

Infinity Connect is affiliated to TPN Credit Bureau, a registered credit bureau. All account payment profiles, patterns and behaviour are recorded monthly with the credit bureau for the purposes as per the National Credit Act.

The Customer hereby consents that Infinity Connect may, at all times: (a) contact, request and obtain information from any credit or service provider (or potential credit or service provider) or registered credit bureau relevant to an assessment of the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer; (b) furnish information concerning the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Customer to any registered credit bureau or to any credit or service provider (or potential credit or service provider) seeking a trade reference regarding the Customer's dealings with Infinity Connect.

Acceptable & Fair Usage Policy (AFUP)

This policy describes what you cannot do with our services. If you breach the policy or help others to do so, we may suspend or terminate your use of the services.

1. Definitions

In this policy: policy means this acceptable use policy; services means any of our services offered by us through a website or otherwise; website means any of our websites; system means any network, computer or communications system, software application, or network or computing device.

2. Changes to the policy

We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change, the changed terms will apply to you.

3. Responsibility

You are responsible for your conduct, profile, and content on the website and for all activity on your services.

4. No illegal, harmful, or offensive use or content

You may not use the services or website for any illegal, harmful, or offensive activities, or to distribute content that is illegal, offensive, or harmful. Prohibited use and content includes: illegal use or content prohibited by law (including child sexual abuse material, pirated content, or content that infringes someone else's rights); harmful use or content that could cause harm (including defamatory comments, fraudulent claims, or untrue statements); offensive use or content that could reasonably offend someone (including pornography, obscenities, or prejudicial or discriminatory statements).

5. No security breaches

You may not use the services to breach the security or integrity of any system.

6. No network abuse

You may not make network connections to any users, hosts, services, or networks unless you have permission to communicate with them.

7. No e-mail or other message abuse

You will not publish, send, or facilitate the sending of unsolicited mass e-mail, SMSs or other messages. You will not collect replies to messages sent from another Internet service provider if those messages breach this policy or the acceptable use policy of that provider or if you are not the intended recipient of those messages.

8. Monitoring and enforcement

We reserve the right to investigate any violation of this policy or potential misuse of the services or website. We may remove or modify any content that violates this policy or any other agreement we have with you. We may report any activity that we suspect breaks any law to appropriate law enforcement officials or other appropriate third parties. We also may cooperate with law enforcement authorities, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy.

9. Reporting of breaches

If you become aware of any violation of this policy, you must immediately notify us and provide us with assistance, as requested, to stop or remedy the breach. To report any violation, please contact us and ask for our abuse reporting process.

The Acceptable Use Policies of each system on which your product operates form part of the legally binding relationship between you and Infinity Connect. Breaching any applicable AUP constitutes a breach of contract.

Should Infinity Connect for any reason on-sell or migrate the Customer's product from another operator, the customer will be obliged to adhere to the AUP of that system.

Where there is a reasonable suspicion of a serious breach of the AUP, or the law so requires, we may, with or without notice, suspend any account associated with you. The right to suspend for an associated AUP infringement is extended to any upstream suppliers and channel partners.

Unacceptable use

Illegality in any form is prohibited, including unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse material, drug dealing, and other unlawful activities.

Infinity Connect services and servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes material protected by copyright, trademark, trade secret or other intellectual property right used without lawful authorisation, and content that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links include pirated software, hacker programs or archives, warez sites, IRC bots, and illegal MP3s.

Because of the nature of a shared web-hosting environment, Infinity Connect reserves the right to require customers to upgrade or correct problems relating to their shared web-hosting package should it adversely affect network or server performance for the majority of hosting customers.

The Infinity Connect shared web-hosting platform is intended for hosting a website with relevant content and storage for an individual or small domestic enterprise without the concern of traffic overages. The use of the service should not be characteristic of large-scale enterprises or applications where a dedicated server would be more suited.

Resale of any kind is strictly prohibited when using any "home" defined service. Home services are intended for people within a single dwelling.

Infinity Connect restricts the use of shared web-hosting disk space to its intended purpose: content hosting, personal and small-enterprise email and relevant web files. Using shared or dedicated hosting for torrent boxes and/or running proxies is strictly prohibited. Servers found supporting these types of services will be disabled and dropped from our network.

Posting of defamatory, obscene, violent or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights, is prohibited. Any misuse of the services constitutes a material breach of these Terms.

Threats to network security

Any activity which impairs the functioning, security and/or integrity of the provider's network is unacceptable. This includes:

• any attempt to gain unlawful and unauthorised access to the network or to evade security measures;
• any effort to use provider equipment to bypass user authentication or security of any host, network or account ("cracking" or "hacking");
• forging of any TCP/IP packet header (spoofing) or any part of the header information in an email or newsgroup posting;
• any effort to break or attempt to breach the security of another user or to access any other person's computer, software, or data without the knowledge and consent of that person;
• any activity which aims to disrupt the service through denial-of-service attacks, flooding of a network, overloading a service, or unauthorised probes ("scanning" or "nuking") of others' networks;
• any activity which impairs the security of the network by deliberately posting, transmitting, linking to or otherwise distributing any information or software which contains a virus, Trojan horse, worm, lock, mail bomb, cancelbot or other harmful, destructive or disruptive component;
• any unauthorised monitoring of data or activity on the network without the provider's explicit written permission;
• any unsolicited mass-mailing activity including direct marketing, spam and junk mail for commercial or other purposes, without the consent of the recipients;
• using the service to harm or attempt to harm a minor, including by hosting, possessing, spreading, distributing or transmitting unlawful material, including child sexual abuse material.

Uncapped services and fair usage

Infinity Connect reserves the right to protect the integrity of our network by means of a Fair Usage Policy ("FUP"). To provide the best possible internet experience for all uncapped internet users we reserve the right to manage uncapped users who are deemed to be causing an unusually large burden on the network. We are committed to maintaining our network in a way that allows us to provide all users with the best experience possible; however, we cannot guarantee that the allocated capacity will always be available.

To guarantee the quality and accessibility of our Internet services, Infinity Connect has a strategy for ensuring fair use on all uncapped Internet products. Where a Customer's behaviour is determined to affect the experience of other users on Infinity Connect's network, we will implement the necessary measures to protect our network. Customer behaviour which may cause an Internet service to be throttled includes using bandwidth-intensive protocols such as peer-to-peer, or performing unattended downloads of large files. Throttling may also occur when a user downloads at close to 100% of the line capacity for around 60 minutes. The throttling is then automatically removed after the excessive use has ceased for a similar period. In the event of such customer behaviour being detected, Infinity Connect reserves the right to terminate the account of a customer whose use is continually affecting Infinity Connect's network. It is the Customer's responsibility to ensure they have the appropriate package for their type of use.

Underlying network operators may apply their own fair-use policy in addition to ours. Those policies may throttle, shape or restrict protocols (including P2P, torrents and NNTP) and will apply to your service.

Take-down notices (ISPA)

In terms of section 75 of the Electronic Communications and Transactions Act, Infinity Connect has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

Internet Service Providers' Association (ISPA) — Address: PO Box 518, Noordwyk, 1687 — Telephone: 010 500 1200 — Take-down notice email: complaints@ispa.org.za

Code of Conduct and Service Charter

1. Introduction

Infinity Connect (Pty) Ltd is licensed by the Independent Communications Authority of South Africa (ICASA). ICASA requires that all licence-holders comply with, inter alia, the ICASA Code of Conduct Regulations and the End-user and Subscriber Service Charter Regulations, which set out minimum standards of conduct and quality of service. Infinity Connect has developed a Code of Conduct and Service Charter in line with these Regulations and will strive to follow this in its dealings with Consumers.

Commitments

Infinity Connect makes the following key commitments and will endeavour to: act in a fair, reasonable and responsible manner in all dealings with Customers; ensure that all its services and products meet the specifications as contained in Infinity Connect's licences and all the relevant laws and regulations; not unfairly discriminate against or between Customers on the basis of race, gender, sex, age, religion, belief, disability, ethnic background or sexual orientation; display utmost courtesy and care when dealing with Customers; provide Customers with information regarding services and pricing; where requested, provide guidance with regard to their service needs; and keep the information of Customers confidential unless Infinity Connect is otherwise authorised or required by law or order of Court; in possession of written authorisation from the Customer to do so; and/or required to release such information for the purpose of briefing Infinity Connect's auditors or professional advisors or an accredited debt collection agency.

Subscribers and potential subscribers have the right to refer Complaints to ICASA.

2. Consumer rights

The ICASA Code of Conduct Regulations stipulate the following rights of subscribers and potential subscribers: a right to be provided with the required service without unfair discrimination; a right to choose the service provider of your choice; a right to receive information in your preferred language (Infinity Connect will do its best to meet this request where reasonable); a right to access and question records held by Infinity Connect which relate to the Customer's relationship with Infinity Connect; a right to the protection of the Customer's personal data, including the right not to have personal data sold to third parties without the Customer's permission; a right to port a number in terms of applicable regulations; a right to lodge a complaint; and a right to redress.

The following information can be obtained from Infinity Connect by email request to support@icsp.co.za, and is available for inspection by prior arrangement at Infinity Connect's offices during Business Hours: range of services/products; tariff rates; terms and conditions; payment terms; billing processes and the Billing Disputes Handling Procedure; Complaints Handling Procedure; and relevant contact details.

3. Billing

Infinity Connect will provide the Customer with an itemised bill or invoice on request or where this is specified as part of the services. Billing terms are also set out on Infinity Connect's invoices.

Infinity Connect reserves the right to subject any application for services and/or products, including variations to existing services, to credit referencing and analysis by registered credit bureaux, and the Customer consents to the use of all information supplied for this purpose and for compliance with the National Credit Act 34 of 2005.

Infinity Connect will provide the Customer with a copy of the written terms and conditions upon finalisation of a service agreement or as soon as reasonably possible thereafter. Where an agreement is entered into telephonically, a copy of the written terms will be provided within seven (7) Business Days. Should Infinity Connect affect changes to the terms, Infinity Connect will inform the Customer of such changes within a fair and reasonable period.

Minimum standards

Infinity Connect, subject to events and conduct beyond its reasonable control, will: provide a minimum of 95% network service availability measured over six (6) months; provide a minimum of 95% service availability measured over six (6) months; attain a 90% success rate in meeting requests for installation and activation of service for qualifying service applicants within thirty (30) Business Days, while meeting the balance of requests within forty (40) Business Days; provide full reasons where Infinity Connect is not able to meet a request for service within these time periods within seven (7) Business Days of receipt of request for same; attain a 90% success rate within seven (7) Business Days in meeting requests for activation of a service while meeting the balance of requests within fifteen (15) Business Days; maintain an average of 90% fault clearance rate for all faults reported within three (3) Business Days, with the balance to be cleared within six (6) Business Days of the reporting of the fault; respond within three (3) minutes (averaged over six months) to any call directed to Infinity Connect; and monitor its network 24/7/365.

Customers acknowledge that Infinity Connect is dependent on network and other services provided by third parties in providing the services and meeting the standards set out above, and that Infinity Connect cannot be held liable in any manner whatsoever for any failure to meet such standards where this results from the acts and/or omissions of such third parties.

Any queries relating to this Code of Conduct should be sent to support@icsp.co.za. This Code of Conduct forms part of the Terms and Conditions applicable to the use of Infinity Connect's services and products and is incorporated therein.

Warranty Terms & Conditions

1. Warranty for defective equipment

All equipment carries a 12 month on-site warranty from date of installation/delivery, unless specified otherwise on quotations or elsewhere. The warranty will be void should any equipment get damaged due to power surges, blackouts or lightning and any non-warranty related causes not specifically mentioned.

2. What does "defective" mean"

A defect means any material imperfection in the manufacturing of the equipment that renders the equipment less acceptable than the reasonable person would generally expect in the circumstances; or any characteristic of the equipment or components that renders the equipment or components less useful, practicable or safe than the reasonable person would generally expect. The equipment must be reasonably suitable for the purposes for which they are generally intended; of good quality, in good working order and free of any defects; be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable standards set under the Standards Act or any other public regulation.

3. 12-month warranty process

All equipment carries a 12 (twelve) month warranty against defects. If the equipment is found to be defective within 12 (twelve) months of delivery, the Customer must contact Infinity Connect and provide: Customer Name; Contact and/or Account Number; Date of purchase (a copy of the invoice may be required); Description and/or Part Number; Problem Description; Serial number/MAC Address of each unit; Troubleshooting actions taken so far. Units returned must be either unlocked from all passwords or the full access password must be provided. Equipment must be in its original packaging and must be accompanied by all accessories and manuals.

All items must be returned in an "as new" condition. Infinity Connect will replace the defective equipment and same will be billed for after the delivery and/or installation has been done. Should the equipment be replaceable under warranty, a credit will be passed to the Customer's account. If the equipment or the damage does not fall under the warranty, or if the equipment is proven not to be defective, a credit will not be passed. In terms of the CPA, this warranty may fall away if the equipment has been altered or modified contrary to instructions, or after leaving the control of Infinity Connect, or if the equipment has been tampered with.

4. Damaged equipment

If equipment is damaged while at the Customer's premises or in the Customer's control, Infinity Connect will replace the damaged equipment and same will be billed for after the work has been done.

5. Repairs and maintenance

If the equipment is not defective but damaged due to the Customer's fault or the equipment falls out of warranty, the Customer will be charged delivery charges to collect and deliver the equipment for repairs and maintenance. The repairs and maintenance are to be paid for within 30 (thirty) days after completion, failing which the Customer agrees that any equipment so returned may be sold by Infinity Connect to defray the cost if the equipment remains uncollected for 30 (thirty) days after the repairs or maintenance have been completed.

Insurance of Equipment Policy

This policy is developed for safeguarding and protection of Infinity Connect's equipment as set out in all Service Applications. For clarity, equipment shall include all rented or any product or goods not fully paid for by the Customer which remains the property of Infinity Connect. This policy is applicable for wireless internet and, where equipment is rented or not fully paid for, also applies to fibre and LTE routers and related CPE.

1. Insurance

All Customers are required to comprehensively insure (loss of or damage to equipment caused by accident, malice or by the deliberate act of a third party) the equipment for a value not less than the Basis of Valuation.

2. Basis of valuation

The agreed value of the goods is the market value, at the time of the commencement of the Incident, of replacing the equipment with similar equipment. The current replacement cost for Wireless equipment amounts to R8,050 (incl. VAT). This policy will be updated when the replacement cost of the equipment either increases or decreases. For all other equipment (telephones, Wi-Fi access points, LTE routers, fibre routers, etc.) not fully paid for by the Customer, the agreed value is the market value of replacing the equipment with similar equipment.

3. Period of insurance

All equipment is required to be insured for the period as set out in the Service Application and any renewal period thereafter until final cancellation thereof. For month-to-month agreements, insurance must be intact until final cancellation.

4. Conduct of claims

It is the responsibility of the Customer to make a claim against the Insurance Company or to institute legal proceedings or negotiations relating to equipment claims. The Customer however shall be liable for payment of the basis of valuation cost to Infinity Connect notwithstanding that any Insurance claim has not yet paid out. The customer will keep Infinity Connect fully informed of the progress of any claim. The Customer, and anyone else entitled to make a claim, must cooperate fully with Infinity Connect and must give Infinity Connect any information or assistance if and when required.

5. Cancellation or non-compliance

If the Customer cancelled the insurance or refused and/or neglected to insure the equipment, the Customer will be held liable for the replacement or repair cost of the equipment.

Fibre promotion terms and conditions

These promotions are subject to specific marketing customers and will be valid until further notice, unless a campaign end date is stated on the relevant deal.

Infinity Connect tariff plans may provide subscribers with the following inclusive benefits, where advertised for that product:

1. Unlimited and unshaped fibre (subject to the AFUP and any FNO/upstream FUP);
2. On Evotel fibre, Wi-Fi may be used via the Optical Network Terminal (ONT) supplied by the last-mile operator. Infinity Connect does not currently supply a free or subsidised Wi-Fi router. On other networks a router must be purchased separately;
3. Free installation starting from R1,710.00. This value will vary depending on the fibre network build and will be subsidised by Infinity Connect, subject to a claw back*. Free installation is limited to the standard installation provided by the fibre network operator. Any additional installation requirements outside of the standard installation will be for the Customer's account;
4. Free connection fee starting from R999. This value will vary depending on the fibre network operator and will be subsidised by Infinity Connect, subject to a claw back*;
5. Free personalised device set-up.

*A 12 month clawback in the event of an early cancellation of the contract. The customer will be liable for the amount of the installation or connection (as applicable) should they cancel the contract within the first 12 month period from the service activation date, or if the service is suspended for non-payment.

Home fibre (FTTH)

1. Nature of the service

FTTH is a contended, typically unshaped, capped or uncapped access service delivered over a fibre circuit installed at the address on your order. Maximum throughput rates are not guaranteed. Infinity Connect provides Layer 3 internet (routing, IP, DNS and, where included, the customer router). We do not manage your in-home Wi-Fi or local network unless you have purchased a managed Wi-Fi product.

Due to the nature of the Internet, we can only control IP throughput from the user network interface of the equipment (ONT / NID / our router) to the point of interconnection between our network and the Internet. Web-based speed tests are not conclusive proof of non-performance. If you log a support call we will use industry-accepted tests in a controlled environment.

2. Open-access last mile

The physical fibre, ONT and in-home termination typically remain the property of the last-mile operator or its contractor. Only ICASA type-approved hardware may be connected. Unapproved hardware that interferes with or damages the service or infrastructure is not permitted; repair costs are for your account.

Each last-mile operator defines its own standard installation. Non-standard work (extra trenching, extra cabling, indoor/outdoor transfers, re-installs, jumpers, wayleaves) is for the Customer's account, either billed by that operator or through us. Coverage shown on a map does not guarantee that fibre is ready at your specific dwelling. Pre-orders do not guarantee availability once a project is completed. Installations are typically completed within about 30 days; this timeframe is not guaranteed and depends on the operator, wayleaves, civils and access.

3. Your obligations

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation. You must provide accurate address and contact details, access for installation and repairs, a suitable dry ventilated location within 2 metres of a 220V supply where equipment requires it, and RICA information. If the incorrect address is supplied you are responsible for all charges relating to the order placed at the incorrect address.

4. IP addressing, CPE and passwords

IP addresses are dynamically assigned unless a static IP is quoted. Addresses remain the property of Infinity Connect or its upstream and are licensed to you only for the duration of the service. CGNAT may be used. Where we supply a router, we may retain administrative access for support. ONT passwords and last-mile credentials remain under operator control.

5. Changes, transfers and faults

An additional fee may be charged as prescribed by the fibre provider for re-grading speed, outdoor transfers (new address) and transfers between ISPs. Downgrades may require days' notice depending on the last-mile operator. An additional fee of up to R2,000.00 may be charged on faults logged which are found to be caused by faulty customer hardware or user error, once we are advised of the charges by the fibre line provider.

We (or the last-mile operator) may replace your circuit with another circuit of equal or better quality without additional charge to you. Scheduled maintenance may occur during operator change-control windows. Emergency maintenance may occur without prior notice.

6. Cancellation

FTTH cancellations require one clear calendar month written notice to cancel@infinityconnect.co.za, subject to the 23rd-of-month cut-off in the Standard Terms. Notice given on or after the first day of a month only takes effect on the last day of the following month (example: notice on 1 May is effective 30 June). If you terminate a circuit before it is activated, or prevent activation after it has been ordered, you are liable for installation and other charges payable to the network operator. Early termination of a fixed-term agreement attracts fees equal to the remaining term (subject to the CPA where it applies) plus any clawback of subsidised installation or connection amounts.

7. Relocation

The circuit is provided to the specific address on the subscriber form and is not transferable to other premises. A move is treated as a cancellation plus a new feasibility and order at the new address. You remain liable for the existing service until it is validly terminated.

Business fibre (FTTB)

These terms apply where your subscriber form, quote or order specifies a business fibre product (including business broadband, dedicated / uncontended fibre, Layer 2 fibre, dark fibre or Layer 2 wireless). They are read with the Standard Terms. They do not apply to residential FTTH.

1. Service types

Business broadband fibre is a symmetric, capped or uncapped, contended internet access service. Uncapped variants are subject to fair-use policy unless a waiver is quoted. Typical planning attributes (unless your quote states otherwise): line speeds within bundles are symmetrical; static IP allocation is limited (commonly up to 10 usable IPs); access-link contention 1:1; maximum network contention 1:10.

Dedicated fibre is a dedicated last-mile solution providing symmetric, uncontended (1:1) access where quality of service is required (for example voice, MPLS or video conferencing). SLAs are available only if specified on the subscriber form.

Layer 2 fibre is an Ethernet last-mile (or aggregation) service. Unless a managed Layer 3 internet service is expressly quoted, Infinity Connect (or your IT provider) is responsible for routing, IP addressing, firewalling and CPE beyond the agreed demarcation point. Throughput, latency and availability between the NID and our point of interconnection depend on the class of service purchased. Internet breakout, if included, is only to the extent stated on the quote. Synchronous (symmetric) speeds mean the quoted download and upload rates are the same at the access interface, not a guarantee of end-to-end Internet speed.

Dark fibre is an unlit optical path. You (or we, if a managed optical service is quoted) must supply, house and maintain optical equipment. We do not warrant light levels, dispersion or third-party patching beyond the specified demarcation. You may not sub-licence or resell dark fibre without our written consent and the necessary licences.

Layer 2 wireless (business last mile or failover) depends on line of sight, spectrum conditions, weather, foliage, interference and power at both ends. Coverage plots are indicative. Unless an SLA is stated on the quote, wireless FTTB is a best-effort access service. You must provide mast/roof rights, power, earthing and landlord consent. We may cancel with one calendar month's notice if a viable path cannot be maintained.

IP throughput can only be guaranteed from the Network Interface Device to the point of interconnection between our network and the Internet. Technical support should be requested only where performance is consistently below the advertised maximum bandwidth divided by the advertised contention ratio. Web-based speed tests will not be accepted as conclusive proof of non-performance.

2. Feasibility, coverage classes and lead times

All FTTB requests are subject to a feasibility study. Desktop surveys inform estimated lead times and costs. Network operators may amend feasibility during implementation when circumstances were not foreseeable (for example landlord access fees or unexpected civils). An in-precinct building may be reclassified as special precinct or not-feasible. If pricing or times change, we will cooperate in good faith to agree amended terms. Estimated installation times are estimates only. We are not liable for delays caused by municipalities, roads agencies, utilities, other operators, landowners, landlords or weather.

Special construction, landlord or campus access fees, wayleaves, trenching, laterals, building risers and meet-me-room cross-connects are excluded unless itemised. If feasibility changes after order, we may requote; if you decline the requote the order may be cancelled and you remain liable for incurred survey and build costs.

3. Premises, access and extra build

You must obtain landlord, body-corporate and building-management consent and provide access, power, space, ventilation, ducting and, where needed, mast space, at no cost to us. In multi-tenant buildings the connection from the telco entrance / meet-me room to your suite is not included unless quoted; those costs are yours. If you are not the owner of the premises you must obtain written permission before installation and you indemnify us against claims and anticipatory costs if permission is missing.

Only ICASA type-approved subscriber equipment may be used. We may suspend or disconnect unapproved or modified equipment. We may replace a last-mile link with another operator's link of no lesser specification.

4. Acceptance

Within seventy-two (72) hours of completing installation of the applicable link, acceptance tests will be conducted. Upon successful testing a Service Handover Form (or equivalent) shall be provided. The service shall be deemed accepted if no objection is raised within two (2) Business Days. You may only reject a service on the basis that advertised technical specifications have not been met.

5. Billing start, term and cancellation

Where services are bundled with a circuit, billing may start from the connection / installation date of the circuit even if value-added services have not yet been activated. The initial period runs from activation (or from connection of the last circuit where multiple circuits are required).

Juristic customers must give written notice of election not to renew at least 90 (ninety) days before expiry of the initial period, or conclude a revised subscriber agreement, failing which the agreement may automatically renew for a further 12 months (or as stated on your form).

You must give at least three calendar months' notice to terminate an FTTB fibre service. If you terminate before expiry of the initial or renewal term: (a) during the installation period — 100% of monthly recurring charges multiplied by the contracted months; (b) after commencement — 100% of monthly recurring charges for the remainder of the term, including termination arising from a premises move or termination for your breach. Installation fees that were subsidised on a 24- or 36-month (or longer) term become payable in full if the term is not honoured.

If you cancel or vary the service before the connection date other than for our breach, you must pay anticipatory costs we and the last-mile operator have incurred, on demand.

6. Relocation

The link is address-specific. Each link has its own unique build cost. If you move: in-coverage sites generally require a replacement contract of at least the same term and value plus relocation fees; not-feasible sites attract the balance of the contract. You should give at least six months' notice of a move together with full details of the new premises. If an alternative link or service cannot be provided in time, that is treated as early termination. A new link is a new contract term unless we agree otherwise in writing.

7. Demarcation, SLA and faults

Our responsibility ends at the agreed demarcation (typically a NID, ONT, switch port or wireless CPE LAN port). An SLA, if any, applies only to the circuit elements stated in the SLA schedule and does not cover your LAN, power, in-building cabling, or third-party cloud destinations. After-hours or on-site visits where the fault is in your environment are chargeable. You must not interfere with last-mile or aggregation equipment. Lost, stolen or damaged rented equipment is for your account at replacement value.

8. Temporary wireless (if offered)

Temporary wireless may be offered during the fibre installation period where quoted, typically only for links above a specified speed, with line of sight, coverage and written landlord consent. Failure to provide temporary wireless is not grounds to cancel the fibre order. Minimum term for temporary wireless is three months from commissioning, even if fibre is ready sooner. No SLA or service credits apply to temporary wireless unless expressly agreed.

Fixed LTE / 5G

Fixed LTE and, where offered, Fixed 5G is a best-effort wireless broadband service with no minimum service levels unless an SLA is separately agreed. Speeds differ and no minimum speeds are guaranteed. Factors include distance to the radio site, weather, interference, in-building penetration, device placement, vegetation, network load and the features of your router.

Fixed LTE/5G is intended for use at the Fixed Location you give us on the application. It is not a mobile or roaming service. Coverage maps are indicative and not a guarantee of service quality at your premises.

1. Month-to-month, data and changes

Unless a fixed term is stated, the service continues month to month until cancelled. Cancellations require a calendar month's notice and must be submitted in writing to cancel@infinityconnect.co.za. Cancellations cannot be set on the last 2 days of each month. The service can be set to upgrade or downgrade at any time before the 25th of each month but the new service will only be effective from the 1st of the following month, provided no service-change rules are in place. First-month data and charges are pro-rated where activation is not at the start of a calendar month.

Where the package splits Anytime and Night-Time data: Night-Time data may only be used between 00:00 and 05:00; all other traffic is Anytime traffic. Night-Time data is typically valid for one calendar month. Remaining Anytime data bundles and boosters are commonly valid for two calendar months including the month of purchase, and expire on termination. Specific validity is as advertised for your package at order.

The service is automatically activated within 48 hours from (a) insertion of the SIM into the device, or (b) confirmation that RICA information has been provided, whichever occurs last. You must complete RICA. The end user must be a natural person with a genuine intention to use the service on an ongoing basis, except where a business package is expressly sold.

2. Coverage, location lock and approved devices

The SIM is locked to cellular towers surrounding the location submitted at signup. If the SIM is used on a mobile or roaming basis, or moved outside the allowed radius, the network operator may soft-lock or disconnect the service. There is typically a short grace period after first connection to place the router at the submitted address. House moves are limited by the network operator (commonly two address changes in a 12-month period). Repeated location or device locks may result in the SIM being decommissioned, in which case a new order (and charges) will be required.

The SIM will only function in an approved router (typically Category 6 or higher, as determined by the network from time to time). If the SIM is inserted in an unapproved device it will be locked, often within 60 minutes. Infinity Connect is not responsible for costs incurred because of incorrect routers. See approved routers.

The network operator retains the right to change maximum speeds for specific traffic types on uncapped products and to change the maximum connection speed on days' notice. Network connectivity may be impacted by environmental factors; the router may automatically revert to 4G LTE-Advanced to maintain service.

3. Fair usage (uncapped LTE / 5G)

Uncapped packages remain subject to the network operator's FUP as published at the time of your order or as updated on notice. Typical thresholds (which the operator may change) are:

If your quote or order confirmation states different FUP values, those values apply.

4. SIM, router, risk and returns

Ownership of the MSISDN and SIM remains with the network operator. Risk in the router and SIM passes to you on delivery. You must notify us immediately of loss, theft or destruction; we may blacklist or greylist the SIM/router. You remain liable for the monthly access fee for the remainder of any initial or renewal period. You consent to us sharing necessary information with the licensed network operator to provision, secure and investigate the service.

Where a router is supplied free-to-use or subsidised, you must return it in original condition within 20 days of deactivation at the end of your notice period, or you will be billed the retail value and ownership will pass to you. Courier costs to return the router are yours. Once billed, the router is no longer covered by our warranty process.

Top-ups / boosters are activated within about 15 minutes of a successful request. Booster validity is as advertised (commonly 30 days unless the product states otherwise).

5. Installation / APN

To get connected you will typically need to: insert the LTE SIM into an approved router (correct size and orientation); switch on the router and wait about 10 minutes before restarting it; connect via LAN or Wi-Fi (credentials are usually on a sticker under the router); open a browser to the router landing page (often 192.168.8.1 or as printed on the device); log in (default is commonly admin / admin until you change it); create a dial-up / profile with the APN we issue you; save, apply, restart and connect. If connection fails, retry periodically over 24 hours, then contact support@icsp.co.za. Change default router passwords after setup.

6. Delivery attempt fees

7. Historic promo (expired)

The promotional packages described on the previous website applied only to new uncapped services activated between 7 November 2022 and 31 March 2023. That campaign has ended. Current pricing is as quoted or published at the time of your order.

Approved LTE / 5G routers

Infinity Connect will not take responsibility for any cost incurred because of incorrect routers used on the Fixed LTE / 5G service. The network's approved list changes from time to time. Currently, compatible models include:

Router we supply

Infinity Connect supplies the ZTE MF286C with Fixed LTE sign-ups. It is a Cat6 LTE WiFi router with up to 300Mbps download, 50Mbps upload, four gigabit LAN ports and Wi-Fi for up to 64 devices.

When ordering on our coverage map, choose SIM + delivery fee + MF286C router to receive this unit. SIM-only orders must use one of the other approved models below.

Confirm compatibility with us before inserting a SIM into your own device. Using an unapproved device can permanently lock the SIM.

Hosting and email services

The Infinity Connect Hosting and Email environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location of servers within South Africa, not to IP traffic or network routing. International Hosting refers to servers physically hosted outside South Africa.

Infinity Connect will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client's or Reseller's selected domain names.

Infinity Connect does not give any warranty or guarantee of email or email delivery. It is the responsibility of the client or reseller to monitor and back up emails. Email is a best-effort service. Infinity Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind due to any email problems, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including data loss or corruption, loss of profits, contracts, operation time and goodwill.

The Client or Reseller indemnifies and holds harmless Infinity Connect against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client's or Reseller's use and registration of its selected Domain Name, even if Infinity Connect has been advised of the possibility of such damages. Clients or Resellers also indemnify Infinity Connect against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients or Resellers will be solely liable to external parties for losses and may not petition Infinity Connect to share or cover such losses. Infinity Connect is also indemnified from direct claims from Clients or Resellers for losses incurred due to 3rd party actions or claims.

Neither Infinity Connect, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that Infinity Connect's Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the service, unless otherwise expressly stated. Infinity Connect expressly limits its damages to the Client or Reseller for any non-accessibility time or other downtime. Infinity Connect specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

The client/user or Reseller indemnifies Infinity Connect against any loss or damage whatsoever which may arise from the use of any third-party software, add-ons or plugins available through our hosting services or platforms. Infinity Connect is not responsible if an external company network and firewall is set up to block access to services Infinity Connect provides. If a client's or Reseller's network is set up to block certain ports or web addresses that compromise the services Infinity Connect provides, it is their responsibility to change those configurations as necessary.

It is the client's or Reseller's responsibility to keep a backup of the domain. Infinity Connect will in no way be held responsible for any loss of content whatsoever. On application and payment for the transfer of a hosting service the domain space is reserved on our hosting server. It is the client's or Reseller's responsibility to ensure that the transfer request from Infinity Connect is accepted and to advise Infinity Connect of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled. Infinity Connect may at times revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes. By accepting the Terms and Conditions, you also agree to the AFUP.

Spam / virus filtering

Infinity Connect provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered. The client acknowledges and agrees that Infinity Connect shall without limitation have no responsibility for, or liability in respect of, any data lost as a result of this system.

Cloud hosting and email

Cloud Hosting services are fully managed by the client and Infinity Connect does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

ZACR registrant agreement

Domain registrations in the .za namespace are subject to the ZA Central Registry published policies and the registrant agreement. Infinity Connect acts as registrar (or reseller of registrar services) for the Applicant. Domain names are delegated on a first-come-first-served basis and delegation is not a warranty of the Applicant's right to use the name. Fees are payable in advance; unpaid domains may be withdrawn without notice and are not refundable. The Applicant warrants that the information provided is accurate, that it has the right to use the Domain Name, that registration or use will not infringe third-party rights, and that the name will not be used for unlawful purposes. The Applicant consents to processing of Personal Information for WHOIS, escrow and registry purposes as required to register, transfer or renew the Domain Name. The Applicant indemnifies the Registry and Registrar. Disputes may be referred under UDRP, URS or other official namespace dispute procedures. Sending unsolicited mail (spam) using our servers is prohibited.

General fibre services

Fibre broadband access is supplied as a best-effort service by the fibre line provider unless an FTTB SLA product is quoted. Warranties on equipment/hardware supplied during the installation are held by the Fibre Line Provider or their chosen representative and remain their property unless your quote says Infinity Connect is supplying CPE.

In order to use fibre data purchased from Infinity Connect a fibre router/modem is required; this router/modem needs to be purchased by the client. Infinity Connect does not currently supply a free router. On Evotel fibre, the ONT supplied by the last-mile operator may be used as Wi-Fi, so a separate router is optional. Only approved (ICASA, SABS) hardware is permitted. Unapproved hardware connected to the fibre line which interferes with or causes damage to the service or infrastructure is not permitted. Any costs which arise due to damage and repairs caused by the connection of unapproved hardware will be for the client's account.

Areas marked as available on the map may not be fibre-ready at your particular address. Pre-orders do not guarantee that fibre will be available at your particular address once the planned project has been completed. Should we not be able to proceed with your application we will advise you thereof. Installations are typically completed within about 30 days for FTTH; FTTB lead times are as quoted after feasibility and are not guaranteed.

Fibre line installations and connections are subject to an installation and connection fee prescribed by the fibre line provider. Additional fees may apply should trenching or additional cabling be required. Additional fees may also apply should a re-installation or indoor transfer (move line within the same premises) be required. Infinity Connect, the fibre line provider or its contractor will make any additional charges known to the client and the client will be required to accept or reject these charges before the order is completed. If the service is ordered and the incorrect address is supplied, the client will be responsible for all charges relating to the order placed at the incorrect address.

An additional fee may be charged as prescribed by the fibre provider for re-grading the speed of a fibre line as well as outdoor transfers (new address) and transfers between Internet Service Providers. Downgrades may require days' notice depending on the fibre provider. Cancellations for FTTH lines are only submitted at the end of each month; the cancellation request must be submitted at least a calendar month before the cancellation date, subject to our 23rd-of-month cut-off. Cancellation requests which do not adhere to the applicable notice requirement are subject to Early Termination Fees which will need to be settled before the cancellation request is processed; this fee may be prescribed by the fibre line provider. Transfers between Service Providers are handled in the same manner as a new installation and are typically completed within about 30 days; this timeframe is not guaranteed.

An additional fee of up to R2,000.00 may be charged on faults logged which are found to be caused by faulty hardware or user error. This amount will be charged to your account once we are advised of the charges by the fibre line provider.

By completing the order it is deemed that consent has been received from the landlord, owner or body corporate for the installation of the service.

The available capacity on the network is shared between all users of Infinity Connect bandwidth unless you have purchased an uncontended dedicated product. Acceptable Usage Policies are attached to Uncapped Services. Capped services, whilst the majority of the time will remain untouched, may be shaped or throttled should the demand on the network and available capacity be affected. Capped services will generally receive priority throughput on our network provided there is no rise in demand or extenuating circumstances affecting the performance of the network.

Privacy policy (POPIA)

This policy explains how Infinity Connect (Pty) Ltd, 19 Clew St, Kenmare, Krugersdorp, 1745 ("responsible party") processes personal information in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) and, where relevant, the ECTA.

What we collect

We collect identity and contact details, RICA information, installation addresses, billing and bank details (for debit orders), credit information, service-usage and support records, device identifiers (IMEI, serial, MAC), network identifiers (IP, MSISDN, circuit IDs), and correspondence. We collect this from you, from your authorised users, from credit bureaux, and from our operators when they provision or support a service.

Why we process it

We process personal information to: conclude and perform the service contract; comply with RICA, ICASA, tax and lawful requests; bill and collect; assess credit risk; prevent fraud and network abuse; provide support; improve our network; and communicate about your services (and, with a lawful basis, about related offers). You may object to direct marketing at any time.

Operators and sharing

We share information with licensed network operators, domain registries, payment processors, couriers, credit bureaux, professional advisers, and ISPA for take-down or code-of-conduct matters, only as needed to deliver the service or comply with law. We do not sell personal information. Some operators may process information outside South Africa (for example domain escrow or cloud email filtering); we will only do so with an adequate level of protection or as otherwise permitted by POPIA.

Retention and security

We keep records for as long as needed for the contract, statutory retention (including RICA and tax), debt recovery and the defence of legal claims, then delete or de-identify them where practicable. We apply reasonable technical and organisational security measures; no internet transmission is completely secure.

Your rights

You may request access to, correction of, or deletion of personal information, or object to processing, subject to the law and our records-retention duties. Complaints may be made to our information officer at support@icsp.co.za and, if unresolved, to the Information Regulator (South Africa) at inforegulator.org.za.

Use of our websites and services after this policy is published constitutes notice of these practices. Cookies and similar technologies may be used for essential site function, coverage lookup and analytics.