Terms of use - Intense Fibre

General Notice

Thank you for reading Intense Fibre’s Acceptable Use Policy (AUP). By accessing this website, or by contracting with us for service, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with this service/website.

The purpose of this AUP is to comply with the relevant laws of the Republic; to specify to clients and users of our service/website what activities and online behaviour are considered an unacceptable use of the service/website; to protect the integrity of our network and to specify the consequences that may flow from undertaking such prohibited activities.

This document contains a number of legal obligations which you are presumed to be familiar with. As such, we encourage you to read this document thoroughly and direct any queries to our client services/legal department at 021 007 2483

Intense Fibre respects the rights of our clients and users of our services to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of our network.

All of our FTTH services require a calender month notice.

ISPA membership and Code of Conduct

Intense Fibre confirms that in compliance with section 72 of the Electronic Communications and Transactions Act 25 of 2002, Intense Fibre is a member of the Internet Service Providers’ Association (ISPA) and has adopted and implemented the association’s official Code of Conduct, which can be viewed at www.ispa.org.za/code

Unlawful Use

Intense Fibre’s services/website may only be used for lawful purposes and activities. We prohibit any use of our website/network including the transmission, storage and distribution of any material or content using our network that violates any law or regulation of the Republic.

This includes:

Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender or religious slurs) and hate speech; or speech designed to incite violence or hatred, or threats to cause bodily harm.
Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover Intense Fibre cannot be held liable if you make any unlawful use of any multimedia content accessed through the search facility provided by Intense Fibre’s network, or otherwise available through access to our network, whether for commercial or noncommercial purposes.
Any violation of the individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another subscriber without their consent; or any attempt to enter into a transaction with Intense Fibre on behalf of another subscriber without their consent.
Any violation of the exchange control laws of the Republic.
Any activity that results in the sale, transmission or distribution of pirated or illegal software.
Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal. Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Intense Fibre will assist foreign law enforcement agencies (LEA) in the investigation and prosecution of a crime committed using Intense Fibre’s resources, including the provisioning of all personal identifiable data.

Prohibited Activities

The following sections outline activities that are considered an unacceptable use of Company’s services/network/website and also detail the guidelines for acceptable use of certain facilities/services, as the case may be.

Cancellations of our services

We always strive to provide you with the best service possible but if we cannot resolve something for whatever reason, you as the client have the right to cancel these services. Please note that all of our services require a calender month notice. If you cancel in November for example it will only cancel end of December. All cancellations must be received by 17:00 on the last day of a month to have it cancelled by the end of the next month.

Downgrades and Upgrades

To be in line with the Fibre Network Operators the following is in place:

Downgrades: We require a full calender month notice for a downgrade to be done. Downgrade must be sent to accounts@intensefibre.co.za. If the downgrade is requested any time in January for example the downgrade will take affect 1 March.

Upgrades: Request must be sent to accounts@intensefibre.co.za. The request will take (depending on the FNO) anything from 1 to 3 working days.

Free Fibre Promotion Installation Terms

As off the 20th of May 2020:

The Customers may terminate the Service Order at any time on 1 (one) calendar month written notice. A cancellation request must be submitted to accounts@intensebb.co.za prior to the 1st of the month before 17:00 on the last working day of the month

Notice given on the 1st or after will result in termination in the following month.

The Customers may terminate the Service Order at any time on 1 (one) calendar month written notice regardless of installation done or activation of link only. A cancelation request must be submitted to accounts@intensefibre.co.za before or on the last day before 17:00. Notice given on the 1st or after will result in termination in the following month. • If the Customer cancels within the first 12 (twelve) months of the Service, a R 2 000 (two thousand Rand) pro-rata early cancellation fee will be due and payable within 30 (thirty) days of termination to cover installation costs. i.e. (R 2000 / 12) multiplied by months outstanding.
Activation only: If a client cancels within the first 6 months, a prorata early cancellation fee will be due and payable withint 30 (thirty) days of termination to cover the activation fee ie (R1000/6) multiplied by months outstanding.

Bank Debit order T/C Details signed on application:

Abbreviated Name as Registered with the Bank: INTENSE fibre

This signed Authority and Mandate refers to our contract dated (“the Agreement”).

I/We hereby authorise you to issue and deliver payment instructions to your Banker for collection against my/our above-mentioned account at my/our above-mentioned Bank (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement and commencing on date the application is done online and continuing until this Authority and Mandate is terminated by the clients by giving us notice in writing of a calender month notice.

In the event that the last working day falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the preceding ordinary business day.

I / We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction.

Bank Mandate

I/We acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned Bank as if the instructions have been issued by me/us personally.

Bank Cancellation

I/We agree that although this Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which you have withdrawn while this Authority was in force, if such amounts were legally owing to you.

Bank Assignment

I/We acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

All of our FTTH services require a calender month notice.

Invoicing and refunds – Direct clients

Please note that all invoices are sent out on the 25th of every month to the email signed up with. All enquiries has to be sent to accounts@intensefibre.co.za within 30 days of an invoice made. If no queries are received its seen that the invoice is correct of any pricing or descriptions and therefore deemed as correct. No refunds given after the 30 days from date of invoice.

Agents-Resellers

Invoicing and services rendered and used

Please note that when an issue has been picked up where as the system did not invoice the client/agent/reseller for a period of time, we have the right to back date invoicing for a period of 6 months. Services used must be paid.

Threats to Network Security

Any activity which threatens the functioning, security and/or integrity of Intense Fibre’s network is unacceptable.

This includes:

Any efforts to attempt to gain unlawful and unauthorised access to the network or circumvent any of the security measures established by Intense Fibre for this goal;
Any effort to use Intense Fibre’s equipment to circumvent the 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 a newsgroup posting;
Any effort to breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software, or data without the knowledge and consent of such person;
Any activity which threatens to disrupt the service offered by Intense Fibre through “denial of service attacks”, flooding of a network, or overloading a service or any unauthorised probes (“scanning” or “nuking”) of others’ networks;
Any activity which in any way threatens the security of the network by knowingly 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 traffic on the network without Intense Fibre’s explicit, written consent.
Any unsolicited mass mailing activity including direct marketing; spam and chain letters for commercial or other purposes, without the consent of the recipients of those mails.

Public Space & Third Party Content & sites

In reading this AUP or in signing a service contract with Intense Fibre, you acknowledge that Intense Fibre has no power to control the content of the information passing over the Internet and its applications, including e-mail; chatrooms; news groups; or other similar fora, and that Intense Fibre cannot be held responsible or liable, directly or indirectly, for any of the abovementioned content, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Our services also offer access to numerous third party webpages. You acknowledge that we exercise absolutely no control over such third party content, or sites and in such cases, our network is merely a conduit or means of access and transmission. This includes, but is not limited to, third party content contained on or accessible through the Intense Fibre network websites and web pages or sites displayed as search results or contained within a directory of links on the Intense Fibre network. It remains your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you.

Access to public Internet spaces, such as bulletin boards, Usenet groups, chat rooms and moderated forums is entirely voluntary and at your own risk.

Intense Fibre employees do not moderate any of these services, or your communications, transmissions or use of these services. We do not undertake any responsibility for any content contained therein, or for any breaches of your right to privacy that you may experience as a result of accessing such spaces.

Usenet Newsgroups

The client is responsible for determining and familiarizing himself or herself with the written policies of a given newsgroup before posting to it.

The client must comply with these guidelines at all times which can be obtained from other users of the newsgroup upon request, or from the group’s administrators/moderators.

The following are prohibited practices with regard to Usenet newsgroups and Intense Fibre reserves the right to delete and/or cancel posts which violate the following conditions:

Excessive cross-posting of the same article to multiple newsgroups.
Posting of irrelevant or off-topic material to newsgroups (also known as USENET spam).
Posting binaries to a non-binary newsgroup.
Posting adverts, solicitations, or any other commercial messages unless the guidelines of the newsgroup in question explicitly permit them.

Intense Fibre does not monitor nor control the content that is available or unavailable via newsgroup and/or usenet services. The services offered by Intense Fibre in respect to usenet services is merely a convenience to Intense Fibre clients to make the use of the service more convenient. Intense Fibre accepts no liability and has no control over the content that may or may not be available, including, but not limited to, pornography, illegally obtained movies, applications and music.

Unsolicited, Spam and Junk mail

Spam and unsolicited bulk mail are highly problematic practices. They affect the use and enjoyment of services by others and often compromise network security. Intense Fibre will take swift and firm action against any user engaging in any of the following unacceptable practices:

Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail;
Operating or maintaining mailing lists without the express permission of all recipients listed;
Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients;
Using Intense Fibre’s service to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services, that violate this AUP or the AUP of any other Internet service provider;
Including Intense Fibre’s name in the header or by listing an IP address that belongs to Intense Fibre in any unsolicited email sent through Intense Fibre’s network or not;
Failure to secure a client’s mail server against public relay as a protection to themselves and the broader Internet community. Public relay occurs when a mail server is accessed by a third party from another domain and utilised to deliver mails, without the authority or consent of the owner of the mail-server. Mail servers that are unsecured against public relay often become abused by unscrupulous operators for spam delivery and upon detection such delivery must be disallowed. Intense Fibre reserves the right to examine users’ mail servers to confirm that no mails are being sent from the mail server through public relay and the results of such checks can be made available to the user. Intense Fibre also reserves the right to examine the mail servers of any users using Intense Fibre’s mail servers for “smarthosting” (when the user relays its mail via a Intense Fibre mail server to a mail server of its own) or similar services at any time to ensure that the servers are properly secured against public relay. All relay checks will be done in strict accordance with Intense Fibre’s privacy policy.

Spam/Virus Filtering

Intense Fibre 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 to the client. The client acknowledges and agrees that Intense Fibre shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

All of our FTTH services require a calender month notice.

Webmail

Webmail and other web based email services made available by Intense Fibre are provided on an “as is” basis without representations, warranties or conditions of any kind, and the client acknowledges and agrees that Intense Fibre shall have no responsibility for, or liability in respect of, any aspect of the Webmail services, including without limitation for any lost or damaged data or any acts or omissions of Intense Fibre. As webmail storage space is limited, some Webmail messages may not be processed due to space constraints or message limitations.

Webmail is provided to individuals and for personal use only. Any unauthorised commercial use of the Webmail service, or resale of the Webmail service is expressly prohibited.

Uncapped Services

It is our goal to protect the integrity of our network, in order to provide the best possible internet experience for all of our clients using all Uncapped services and as such 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 managing 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.

Hosting

Intense Fibre offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Intense Fibre’ discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Intense Fibre reserves the right to move Clients deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

For Shared Hosting, Intense Fibre will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Intense Fibre is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Clients.

Intense Fibre will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Intense Fibre prohibits Clients from doing the following on hosting platforms administered by Intense Fibre:

Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
Running applications with inadequate security controls.
Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
Storing malicious content, such as malware or links to malware.
Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
Maintaining long-running processes and long-running database queries.
Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
Using poor passwords.
Sharing security credentials with untrusted parties.
Running Torrents for download or Seed Servers.
Running TOR (or other Online Anonymity Services).
Otherwise circumventing the Acceptable Use Policy or intended use of the product.

Protection of Minors

Intense Fibre prohibits clients from using Intense Fibre’s service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography.

Privacy and Confidentiality

Intense Fibre respects the privacy and confidentiality of our clients and users of our service. Please review our privacy policy which details how we collect and use personal information gathered in the course of operating this service.

User Responsibilities

Clients are responsible for any misuse of Company’s services that occurs through the client’s account. It is the client’s responsibility to ensure that unauthorised persons do not gain access to or misuse Intense Fibre’s service.

Intense Fibre urges clients not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the client and Intense Fibre cannot be held liable for the client being placed on any bulk mailing lists as a result.

Where the client has authorised a minor to use any of the Intense Fibre’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access.

Intense Fibre cannot be held liable for any business dealings you have with any third parties on the Internet, including any vendors, or advertisers found on, or through, the Intense Fibre network. Further, Intense Fibre assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the client’s.

Notice and Take-down Procedures

Intense Fibre confirms that it has a procedure in place for the notice and take-down of illegal material. In compliance with section 77 of the Electronic Communications and Transactions Act (No. 25 of 2002) Intense Fibre’s designated agent for this process can be reached at (010) 500 1200 or at: complaints@ispa.org.za, P.O.Box 512 Noordwyk 1687. The notice and take-down procedure can be viewed at www.ispa.org.za/code.

Clients are also notified of the content and procedures of the ISPA Code of Conduct (www.ispa.org.za/code) which may be used against any Internet service provider who fails to comply with the code of conduct. We urge you to familiarise yourselves with this code.

Complaints and procedures

It is the client’s responsibility to familiarise himself or herself with the procedure set out below and report any cases of violation of this AUP to Intense Fibre’s designated complaints handling agent.

Please note that Intense Fibre cannot handle complaints concerning networks or users that do not have service contracts with us or our affiliates, or are outside of our control.

In order for Intense Fibre to thoroughly investigate the complaint and take appropriate action, all complaints must be in writing, via fax or e-mail and contain as much information as possible, including, but not limited to:

the origin of abuse or offence, including the website, full mail headers, relevant logfile extracts etc;
any contact details for the source of the complaint;
A brief explanation why the incident is considered to be an offence.

Intense Fibre discourages anonymous complaints being made via this service, and urges complainants to supply their name and contact details to us. Such information will not be released, except where required by law enforcement. Anonymous complaints will however be acted upon as long as sufficient detail as outlined above is supplied.

Reservation and Non Waiver of Rights

Intense Fibre reserves the right to amend or alter this policy at any time, and without notice to you.

Intense Fibre reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law.

Intense Fibre reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network.

Intense Fibre reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property.

Intense Fibre reserves the right to suspend, revoke or cancel Intense Fibre’s services to the client/user if the safety and integrity of Intense Fibre’s resources are placed at risk in continuing to provide service to the subscriber/user.

Intense Fibre reserves the right to suspend, revoke or cancel Intense Fibre services that is being supplied to any clients/agent/reseller due to non payment

Intense Fibre reserves the right to remove any information or materials in whole or in part, that, in Intense Fibre’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable.

Intense Fibre does not undertake to guarantee the security of any data passing through its networks. Although Intense Fibre will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Intense Fibre cannot be held liable for any loss or damage arising as result of the failure to do so.

Intense Fibre does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Intense Fibre fail, neglect or elect not to enforce a breach of the AUP at any time.

All of our FTTH services require a calender month notice.

Price Adjustments of products.

At Intense Fibre we pride ourselves that pricing has always been kept as low as possible for our clients while making sure our network is looked after ensuring a true uncapped and unthrottled service. However in certain cases we would have no choice but to adjust pricing upwards or downwards as suppliers and as operating costs go up or down. Although as a business we absorb as much as possible there will be cases where we have to pass on certain costs (especially those from Backend providers ie vumatel, SADV, Openserve etc) as this directly has an influence on the line pricing itself. Notice of price changes will always be given with a month notice. We will also continue to provide the pricing to clients as low as possible.

Telkom LTE Router Promotion

This Promotion starts on 30 August 2019.

The packages on this promotion are bundled packages and are broken down in the table below:
These packages are valid for a period of 24 months from date of signup provided the signup is completed within the Promotional period.

In Promotion Package Bundles

Package Bundle	Anytime Data	Bonus Data	Night Surfer Data
20 GB + 10 GB =	10 GB	10 GB	10 GB
40 GB + 20 GB =	20 GB	20 GB	20 GB
70 GB + 50 GB =	50 GB	20 GB	50 GB
100 GB + 100 GB =	50 GB	50 GB	100 GB
200 GB + 200 GB =	100 GB	100 GB	200 GB

Out of Promotion Package Bundles

Package Bundle (First 24 months)	Package Bundle (After 24 months)	Anytime Data	Night Surfer Data
20 GB + 10 GB	10 GB + 10 GB	10 GB	10 GB
40 GB + 20GB	20 GB + 20GB	20 GB	20 GB
70 GB + 50 GB	50 GB + 50 GB	50 GB	50 GB
100 GB + 100 GB	50 GB + 50 GB	50 GB	50 GB
200 GB + 200 GB	100 GB + 100 GB	100 GB	100 GB

Intense Fibre will provide the client with a free router valued at up to R1999.00, the make and model thereof is determined at Intense Fibre’ discretion. The SIM must be used in the modem provided, failure to do so may result in the service not working.

Should the service be set to cancel within 6 months of the activation date a cancellation fee of R999.00 will become payable before the cancellation is processed together with a calendar months notice. Should the monthly payment for the service fall into arrears the service will be cancelled and the cancellation fee of R999.00 will automatically be billed to the clients account.

Downgrades to a smaller package/service/speed from what was originally purchased will not be permitted within 6 months of the activation date.

There is a limit of 3 purchases per profile/individual on this Promotion.

The delivery of the router and SIM card are free.

MTN Fixed LTE: SIM Only Promotion

This promotion is valid for all new and existing clients purchasing an MTN Fixed LTE sim only service. The pricing as displayed on the sign up and checkout pages is Promotional pricing.

The delivery of the sim is free. On the day of purchase a prorata invoice and prorata data will be allocated and debited accordingly. We endeavour to provide clients with 30 days notice should the pricing change.

This Promotion is valid from 5 November 2019 until further notice. This Promotion includes Business Partners/Resellers.

MTN Fixed LTE Router

This Promotion starts on 5 November 2019 at 10am.

Intensebb will subsidise the cost for each router purchased (valued up to R2 499.00) together with an MTN Fixed LTE data package worth R1 500.00. The router together with the selected data package will be sold at R1899.00. The make and model of the router is determined at Intensebb’ discretion, the router will conform to the minimum requirements as set out by MTN. Delivery of the router is Free.

Should the service be set to cancel within 6 months of the activation date a cancellation fee of R1099.00 will become payable before the cancellation is processed together with a calendar months notice. Should the monthly payment for the service fall into arrears the service will be cancelled and the cancellation fee of R1099.00 will automatically be billed to the clients account

Downgrades will not be permitted within 6 months of the activation date for purchases on this Promotion.

There is a limit of 3 purchases per individual/business entity on all MTN Promotions (includes expired promotions for MTN Fixed LTE).

This Promotion is valid until further notice. This Promotion includes Business Partners/Resellers.