DFA Business Fibre T/C

1. Specific Terms and Conditions

1.1. These Service Terms are entered into subject to the Intense
Fibre Standard Terms, which are incorporated by reference. Unless this
document states otherwise, it will be subject to the Standard Terms, including
the definitions and rules of interpretation contained in it.

1.2. The Customer hereby appoints Intense Fibre to perform the
Services as described in these Service Terms and the Service Order and Intense
Broadband hereby accepts the appointment.

2. Definitions

2.1. “Access Service” means an electronic communications service
provisioned using fibre optic cable, which is provided, maintained and operated
by an entity licensed to provide such fibre optic cables.

2.2. “Cap” means the quantum of data throughput (bandwidth) allocated to
the Customer by Intense Fibre during a particular billing period.

2.3. “CPE” means customer premises equipment, which are routers and
similar Equipment provided by Intense Fibre to the Customer.

2.4. “Electronic Communications Network Service Provider” means the
entity providing last mile connectivity over fibre optic for the customer on
behalf of Intense Fibre;

2.5.      “Premises” means
the premises to which Intense Fibre will provide the Access Service to the
Customer.

3. Description of Service

3.1. Intense Fibre will provision an Access Service as described in
the Service Order on a 24 (twenty four) hour per day basis on each and every
day for the continued duration of the Service Order.

3.2. Customer may during the contract with 30 calendar days’ prior
written notice make a change to the current Service on the condition that the
replacement Service carries the same or greater rand value, and is of
equivalent or greater bandwidth and quality. 
Such a change will not affect the existing contract duration.

4. Last Mile Fibre

4.1. Intense Fibre must ensure at its cost that a fibre optic cable
is installed to the Premises and maintained by a reputable and licensed
Electronic Communications Network Service Provider.

4.2. The Customer acknowledges that commencement of provision of the
Services will be delayed pending the installation of such fibre optic cable,
which will delay will be affected by

inter alia wayleave
application delays, obtaining landlord consent and the planning and approval of
the route build.

4.3. While Intense Fibre will not charge Fees before the commencement
of the Service provision, the Customer may not terminate this Agreement pending
the completion of the installation of the fibre optic cable.

5. Duration 

5.1. The Service will commence with effect from the date of activation of
the Service by Intense Fibre and endure for the period as specified in the
Service Order (hereinafter referred to as the “Initial Period”) whereafter
either Party may terminate the Service by giving the other Party 60 (sixty)
calendar days’ written notice to that effect. 
Any notice of termination given by the Customer during the Initial
Period will only become effective upon expiry of the Initial Period.

5.2. On the expiry of the Initial Period, if neither Party has given
notice, and no new Service Order has been entered into between the Parties, the
Service will endure indefinitely thereafter on the same terms and conditions,
provided that either Party will be entitled to terminate the service on 60
(sixty) calendar days’ written notice to the other to that effect.

5.3. Intense Fibre uses an upstream Supplier to provide the Services
to the Customer, and can terminate this Agreement immediately if its agreement
with that upstream Supplier is terminated.

6. Fees 

6.1.      Customer must pay
the Fees as specified in the Service Order.

6.2. The Fees will remain fixed for the Initial Period, and thereafter
may be increased on one (1) calendar month’s prior written notice to the
Customer.

6.3.           If the
Agreement terminates during the Initial Period as a result of the Customer’s
breach:

6.3.1.  Intense Fibre will be
entitled to recover from the Customer all damages Intense Fibre may suffer
by reason of such termination, all arrears in fees and other costs, charges,
assessments, and reimbursements, including without limitation the access build
costs or such percentage of the access build cost as relates to the state of
completion of the access build if it has not yet been completed.

6.3.2. In addition, Intense Fibre may declare to be due and payable
immediately, the then present value (calculated with a discount factor of the
prime overdraft rate as charged by Intense Fibre’s bankers at the time) of
the entire amount of monthly fees which would have become due and payable under
this Agreement (had this Agreement not been terminated). Upon the acceleration
of such amounts, the Customer agrees to pay the same at once; provided,
however, that such payment will not constitute a penalty or forfeiture, but
will constitute liquidated damages for the Customer’s failure to comply with
the terms and provisions of this Agreement (Intense Fibre and the Customer
agreeing that Intense Fibre’s actual damages in such event are impossible
to ascertain and that the amount set forth above is a reasonable estimate
thereof).

7. Service Feasibility

7.1. Intense Fibre cannot guarantee the provision of the requested
Service upon the receipt of an order. Provision of the Service is subject to Intense Fibre confirming that it is technically feasible to do so. The Customer
will be formally notified after receipt of an order on whether or not the
Service can be provided.

7.2. If the requirements of clause 7.1 are not met, the Agreement will
terminate, and no liability will attach to Intense Fibre for any loss
suffered by the Customer as a result.

8. Equipment

8.1. Further to the provisions of the Intense Fibre Standard Terms
dealing with Equipment, the Parties expressly agree as follows:

8.1.1. Intense Fibre will at all times be and remain the owner of the
CPE, and nothing in this Agreement will be interpreted so as to confer any
rights or interest in the CPE to the Customer other than as the lessee of the
CPE.

8.1.2. On termination of this Agreement, the Customer must forthwith return
the CPE to Intense Fibre in the same condition as that in which it was
delivered to the Customer, fair wear and tear excepted.

8.1.3. Customer will not have access to the CPE configuration and may not
change or attempt to change the CPE configuration.

8.1.4. In the event that there is a breakdown or malfunction of the CPE, Intense
Fibre will at its own cost effect repairs in accordance with the
manufacturers specifications.

8.1.5. The Customer will be responsible for any relocation of the CPE, but
must give Intense Fibre reasonable written notice prior to relocating any
CPE.

9. Service Levels

9.1. Intense Fibre can only provide and maintain the Service on a
“reasonable effort” basis and makes no warranties as regards quality of the
Service, including data throughput and availability of the Service.

9.2. Intense Fibre makes use of upstream providers (including
Electronic Communications Network Service Providers) to itself provide the
Service, and consequently service levels are subject to the performance of such
upstream providers. The Customer further acknowledges and agrees that Intense
Fibre will not be liable for any failure to provide the Services as a
result of such service providers failing to provide the services to Intense
Broadband.

9.3. The Service provides access to the internet, which is subject to
bandwidth constraints, system failures and all manner of other factors that may
impact on the Customer’s access, for which Intense Fibre accepts no
responsibility.

9.4 DFA Enterprise

The industry benchmark for business centric connectivity, with no usage limits, no forced contention & no fair use policies.

9.5 DFA Connected

DFA BROADBAND INTERNET (DFA Connected) provides small to medium businesses with cost effective, high- speed internet via various award winning, global fibre based data networks, delivered directly to the customer’s premises.