Table of Contents
Introduction
To use our Fibre services (“Services”), you must accept these Terms & Conditions (“Agreement”). By ticking or clicking “I accept”, signing any order or debit order authority, or by using the Services, you agree to be bound by this Agreement and all policies referenced here.
BY USING THE SERVICES YOU ACKNOWLEDGE YOU HAVE READ AND ACCEPT THIS AGREEMENT AND ALL ACCEPTABLE/F AIR USE POLICIES INCORPORATED BY REFERENCE.
Plain-language summary labels like best effort are for convenience only and don’t replace the full legal text below.
1. Definitions
1.1 “Customer”
The person or entity named as customer on the signed application or order form.
1.2 “Charges”
All fees payable for the Services and/or equipment, including once-off and monthly fees, rentals, top-ups, reconnections, transfers, cancellations and any applicable taxes as per our price list.
1.3 “Commencement Date”
The date your first usage invoice is issued, unless otherwise stated.
1.4 “Equipment”
The router/ONT/related hardware, software and accessories supplied, sold or rented to you for the Services.
1.5 “AUP/FUP”
Our Acceptable Use Policy and Fair Use Policy published on our site and updated from time to time.
1.6 “Aura One”
Purple Primula 118 CC t/a Aura One, the service provider.
2. Services & Equipment
2.1 Scope
We provide the Services described on your application (speed/package/add-ons) over our or third-party networks.
2.2 Title
Unless expressly sold to you, Equipment remains Aura One’s property and must be returned on termination or on request.
2.3 Installation & Handling
Only Aura One-approved technicians may install or service Equipment. Do not modify, tamper with or move the Equipment without our written consent.
2.4 Customer Premises
You must provide power, space, access and, where applicable, landlord/body corporate permissions needed to install and maintain the Services.
3. Term & Renewal
3.1 Initial Term
Your contract runs for the period selected on the application.
3.2 Renewal
At the end of the Initial Term, the contract renews for successive terms equal to the Initial Term unless you give at least 90 days’ written notice ending at a term anniversary.
4. Fees & Payment
4.1 Billing
We issue monthly electronic invoices. Charges are due on the 1st of each month by debit order or another agreed method. VAT applies at the ruling rate.
4.2 Late/Failed Payment
Overdue amounts accrue interest at 2.5% per month from due date. We may suspend Services, recover costs (including legal and collection costs), and report delinquencies to credit bureaus.
4.3 Chargebacks
Unauthorised chargebacks may attract bank/admin fees. Repeated failures may lead to termination.
4.4 Pricing Changes
We may adjust pricing on 30 days’ notice to reflect supplier/registry/currency changes or regulatory costs.
5. Acceptable Use
5.1 Lawful Use Only
You must not use the Services for illegal activities, abuse, harassment, infringement, or network/system interference.
5.2 AUP/FUP
Uncapped services are subject to fair use. We may shape, throttle or request plan changes to protect the network for all users.
5.3 Security
You are responsible for your devices, passwords and LAN security. Don’t run open proxies, spam or similar high-risk services.
6. Delivery, Risk & Ownership
6.1 Delivery Proof
A signed delivery or job card by you or your agent is proof of delivery/installation.
6.2 Risk
Risk of loss/damage/theft of Equipment passes on delivery/installation at your premises. Insure your Equipment accordingly.
6.3 Title on Rental
Rented Equipment remains Aura One’s property and must be returned in good order on termination. We may remove such Equipment on site exit.
7. Support & Maintenance
7.1 How to Log
Log technical/billing issues by phone or email at helpdesk@auraone.co.za. Requests sent to account managers may be delayed.
7.2 Scope
Standard support covers remote diagnostics and, where needed, onsite work during business hours. Maintenance covers labour; replacement for lightning/act-of-God may be included where specified. Damage from misuse/sabotage/theft is billable.
8. Service Availability
best effort We use reasonable endeavours to keep Services available, but outages can occur due to maintenance, faults, fibre cuts, power issues, upstream provider problems and other events beyond our control. Notice of planned maintenance will be given where practical.
9. Moving Premises
9.1 Address Specific
Your Link is tied to a specific address and build. Moves need feasibility and may incur new install/build costs.
9.2 Moves During Term
Depending on timing and coverage (In-Precinct/Other-Precinct/Out-of-Precinct/Off-Net), fees may include some or all of the remaining term and new install charges. Please give at least 6 months’ written notice to minimise downtime.
10. Performance Tiers
10.1 Air Fibre (Capped)
best effort Asymmetrical speeds possible; advertised rates are maximums, not guarantees. Capped plans allow top-ups on authorised request. Typical contention up to 10:1 unless otherwise stated.
10.2 Air Fibre (Uncapped)
best effort Unspecified variable throughput depending on network load; subject to FUP. We use industry tests (not browser speed-tests) to assess performance.
10.3 Business Fibre/Microwave — Premium
best effort May be asymmetrical or symmetrical. Throughput guarantees (if any) apply from your ONT to our interconnect only. Optional SLAs may be available by area/provider.
10.4 Business Fibre/Microwave — Advanced
guaranteed Symmetrical line rate with QoS/priority as per SLA. Throughput guarantees apply ONT → Aura One interconnect; web speed-tests are not conclusive.
Note: We use controlled, industry-standard tests for fault isolation; consumer web tests can be misleading.
11. Installation & Activation
11.1 Lead Times
Timeframes depend on coverage, permissions (municipal/landlord/roads/utilities), civil works and weather. Dates are estimates.
11.2 Site Readiness
You must ensure access, power and internal ducting. In shared buildings, cabling from the telco meet-me room to your suite is your responsibility and cost.
11.3 Acceptance
After installation we test the Service and issue a Service Handover Form (SHF). If you don’t object in writing within 2 business days with specific technical reasons, the Service is deemed accepted.
12. Confidentiality & IP
12.1 Confidentiality
Information we disclose to you that is not public must be kept confidential and used only for this Agreement.
12.2 Intellectual Property
All IP in our network, software, processes and documentation remains Aura One’s (or its licensors’) property. You receive only the rights needed to use the Services.
13. Limitation of Liability
We are not liable for indirect, consequential, special or punitive damages. Our total liability for any claim is limited to the fees you paid to us for the Services in the 30 days before the claim arose. Some jurisdictions do not allow certain limits; in those cases, our liability is limited to the maximum allowed by law.
14. Indemnity
You indemnify Aura One, its staff and agents against claims and losses arising from your breach of this Agreement, unlawful use, or misuse of the Services, including third-party IP or privacy claims.
15. Suspension & Termination
15.1 Suspension
We may suspend Services for non-payment, AUP/FUP breaches, security threats, fraud risk or legal/regulatory reasons.
15.2 Early Termination by Customer
If you cancel during the Installation Period or before the end of a fixed term, early termination charges apply, typically up to 100% of the remaining monthly fees for the term (or 50% where specifically stated for pre-activation cancellations requiring recovery of wasted costs).
15.3 Termination by Aura One
We may terminate for material breach not remedied after notice, persistent non-payment, or unlawful use. Prepaid fees for unused future months (excluding once-off fees) may be refunded at our discretion unless termination is due to your breach.
16. Force Majeure
Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, war, strikes, government action, utility failure). Obligations are suspended for the duration of the event.
17. Changes to these Terms
We may update these Terms or policies by posting the revised version on our website. Material pricing changes will be notified at least 30 days in advance. Continued use after the effective date constitutes acceptance.
18. Governing Law & Jurisdiction
This Agreement is governed by the laws of South Africa. You consent to the jurisdiction of the Magistrates’ Court under Section 28 of the Magistrates’ Courts Act, without limiting our right to proceed in the High Court.
19. General
19.1 Notices
Formal notices must be in writing and delivered by hand, courier or email to the addresses on your application or our website.
19.2 Assignment
You may not cede or assign this Agreement without our written consent. We may assign or subcontract performance.
19.3 Severability
If any provision is invalid or unenforceable, the rest remains in effect.
19.4 No Waiver
Failure to enforce a right is not a waiver of that right.
19.5 Entire Agreement
This Agreement and referenced policies form the entire agreement between us about the Services.
19.6 Authority & Surety
The signatory warrants authority to bind the Customer. Where required, the signatory may stand as surety and co-principal debtor for the Customer’s obligations.
19.7 Evidence of Indebtedness
A certificate signed by an authorised Aura One representative showing the amount owing is prima facie proof of indebtedness. Computer printouts may be used as evidence.
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