Vodacom Fibre general terms and conditions

General

1. Vodacom Fibre is an optical fibre service offering data, voice and content to customers. 

2. Vodacom determines the most suitable technologies to provision data, voice and content services over the fibre network to meet its commercial requirements. 

3. The Vodacom Fibre terms and conditions as detailed herein are subject to change from time to time. 

4. Vodacom has partnered with 3rd Party Network Providers to provide the network infrastructure through which Vodacom offers Fibre services as an Internet Service Provider (ISP). 

5. Any change to the Vodacom Fibre terms and conditions will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require. 

6. The detailed Vodacom Fibre data and voice offering is available at www.vodacom.co.za/fibre 

7. The Vodacom Fibre service is subject to: 

7.1. Vodacom’s Standard contract terms and conditions. 

7.2. Vodacom’s Fair Usage Policy. 

7.3. Additional service or device specific terms and conditions mentioned below. 

8. Vodacom shall remain the main point of contact for all Vodacom customers on 3rd Party Network Providers. 

9. Where there is any conflict between any other terms and conditions mentioned and the Vodacom Fibre specific terms and conditions, the additional service or device specific terms and conditions shall prevail. 



Provision of Services 

10. Vodacom can only provide the Vodacom Fibre service where there is a Vodacom fibre network presence or a 3rd Party Network Provider that has partnered with Vodacom. 

11. Dark Fibre Africa (DFA), Openserve, Vumatel, Fibrehoods, Century City Connect, SA Digital Villages (SADV) and Metrofibre are the Vodacom Fibre 3rd Party Network Providers. 

12. Vodacom does not warrant the accuracy of the 3rd party Network Provider’s fibre coverage at a specific location therefore the provision of services will be subject to the 3rd Party Network Providers verifying the coverage details after the order has been placed with Vodacom. 

13. If the 3rd Party Network Providers provides feedback that the address is not within the fibre covered area after the order has been placed with Vodacom, Vodacom will not be able to continue with the installation of the Vodacom Fibre service. 

14. The Vodacom Fibre service is only available in selected urban areas. 

15. Vodacom will only build a fibre network in a specified area if there is sufficient commitment from prospective customers. 

16. The provision of the Vodacom Fibre service is subject to credit vetting and the successful conclusion of a Vodacom Fibre service contract with the customer. 

17. The Vodacom Fibre service is available as a 24 month, 12 month and month-to-month service contract. 

18. The Vodacom Fibre Broadband Uncapped & Capped price plans are available on either asymmetrical or symmetrical bandwidths depending on the speed supported by the network infrastructure provider. 

18.1. Vodacom self-built network, Dark Fibre Africa (DFA), Openserve, Century City Connect and Fibrehoods network infrastructure providers support asymmetrical bandwidth. The upload speed is 50% of the download speed. 

18.2. SADV and Metrofibre network infrastructure providers support symmetrical bandwidth, both the upload and download speed are the same. 

18.3. Vumatel network infrastructure provider support both symmetrical (Upload speed is the same as the download speed) and asymmetrical bandwidth. (Upload speed is 10% and 25% of the download speed.) 

19. Vodacom does not warrant an uninterrupted Vodacom Fibre service and does not offer quality of service, uptime and throughput guarantees. 

20. Vodacom shall endeavour to maintain the Vodacom Fibre network and the Vodacom Fibre service to the best of its ability. 

21. A customer may not resell the Vodacom Fibre service or use the Vodacom Fibre service for any commercial activities where the service is on sold to other users. 

22. Vodacom reserve the right to terminate any customer’s Vodacom Fibre service if it is found that the customer is reselling the service or using the Vodacom Fibre service for commercial activities. 




Commencement and Duration 


T23. The Vodacom Fibre service contract start date shall be the customer account activation date. 

24. The Vodacom Fibre service contract shall remain in force for the contract period (i.e. 24 months or 12 months), where after it shall continue on a month to month basis, until it is either renewed for a further period or terminated by either party on 30 days written notice to the other. 

25. In the event that any Vodacom Fibre service is discontinued for any reason prior to the expiry of the initial period, such discontinuation, along with the migration options or alternatives available to the customer will be communicated to the customer on reasonable prior notice. 

26. Any Vodacom Fibre service contract which includes free or discounted customer equipment can only be renewed or cancelled without any penalty after the initial contract period. 

27. When a Vodacom Fibre service contract is terminated during the initial contract period, an early cancellation penalty will apply, equivalent to all of the remaining subscriptions due for the initial period. 



Service offering and pricing 

28. Vodacom reserve the right to adjust and amend the service offering and pricing from time to time. 

29. Any adjustments or to services and pricing or additional services will be communicated on 30 days written notice or such other reasonable notice period as the circumstances require. 

30. A customer may purchase the Vodacom Fibre services on the following channels: 

30.1. Vodacom Fibre portal available on www.vodacom.co.za/fibre

30.2. Vodacom Fibre Customer care (082 1904). 

31. A customer has the option to purchase the following services: 

31.1. Vodacom Fibre Broadband offering data connectivity with Internet access. 

31.2. Vodacom Fibre Fixed Voice offering voice calls (national and international). 

31.3. Vodacom Fibre Broadband with Fixed Voice. 

31.4. Optional services such as Mobile Back-up and devices such as Uninterrupted Power Supply (UPS). 

31.5. Value Added Services (VAS) such as ShowMax 

32. The Vodacom Fibre Broadband uncapped FUP (fair use policy) limit and data allocation is valid for one calendar month. 

33. The Vodacom Fibre Broadband order of consumption on capped data is based on expiry date of the bundle. The data bundles that expires first, is the data bundle that gets consumed first. 

34. Vodacom Fibre Broadband data allocation is not transferable and cannot carryover from one month to the next. 

35. Vodacom Fibre customers will receive an invoice via email on the 3rd of the month following the bill date (1st of the month) for the contract period of 24 months, 12 months or month-to-month. The first Vodacom Fibre bill will be comprised of the pro-rated amount for the relevant month. 

36. Vodacom Fibre monthly subscription will be billed in advance while the data and voice minutes usage will be billed in arrears. 

37. The Vodacom Fibre pricing as specified at www.vodacom.co.za/fibre is subject to change from time to time and new pricing will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require 



Installations 

38. Vodacom will appoint an approved installer to install the Vodacom Fibre service at the customer’s premises. 

39. The approved installer will require reasonable access to the customer’s premises. 

40. The approved installer will install the Vodacom Fibre service in accordance with the detailed installation guidelines for a standard installation as per the Vodacom Fibre Installation Schedule. 

41. The detailed installation guidelines will include the maximum installation specifications that will be included in a standard installation. 

42. If the Vodacom Fibre service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account. 

42.1. Any additional installation expenses will be settled directly with Vodacom or with the approved installer. 

43. The installation will be deemed fully operational if the approved installer successfully tests the Vodacom Fibre service with the Customer Premises Equipment (CPE) provided by Vodacom as part of the Vodacom Fibre service contract. 

44. The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by Vodacom. 

45. The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations as detailed in the Vodacom Fibre Service Schedule. 

46. The customer may not move or alter the Vodacom Fibre service installation and must notify Vodacom if there is a need to move or alter the installation. 

47. Only a Vodacom approved installer may move or alter a Vodacom Fibre service installation. 

48. The customer is required to sign the Customer Acceptance Certificate after installation of the service and equipment. In the event that the customer is not physically present at the time of installation and is therefore unable to sign the Customer Acceptance Certificate, it will be the duty of the customer to do so at his earliest convenience but no later than 48 hours post installation. The signed Customer Acceptance Certificate needs to be emailed to FTTXSchedulingTeam@vodacom.co.za. In the event that Vodacom does not receive a signed Customer Acceptance Certificate within the stipulated 48 hours, the service will be deemed to be accepted and the service billable to the customer. 



Customer Equipment 

49. The following equipment related to the Vodacom Fibre service will be installed at the customer’s premises: 

49.1. An Optical Network Terminal (ONT) that forms part of the Vodacom fibre network or 3rd Party Network Provider 

49.2. A CPE with Wi-Fi capability, more commonly known as a router 

49.3. An optional telephonic device if voice services are included in the Vodacom Fibre services 

49.4. An optional LTE / 3G modem for GSM backup (please refer to specific Mobile Backup terms and conditions); and 

49.5. An optional UPS (please refer to specific UPS terms and conditions) 

50. The ONT remains the property of Vodacom or 3rd Party Network Provider at all times. 

51. The CPE will form part of the Vodacom Fibre service contract. 

52. After the Vodacom Fibre price plan initial contract period (24 month or 2 consecutive 12 month price plans), the CPE and any other customer equipment (excluding the ONT) becomes the property of the customer. A customer on month-to-month will own the CPE if they have been on the month-to-month price plan for 24 consecutive months. 

53. A two-year warranty will apply to all customer equipment provided by Vodacom. 

54. If customer equipment is swapped out by an approved installer as part of fault management, the warranty of the replacement customer equipment will be valid for the balance of the Vodacom Fibre service contract period. 

55. The customer gives Vodacom permission to configure the router for additional Service Set Identifier’s (SSID’s) to enable supplementary services. 

56. Any use of a customer’s router for additional SSID’s will be at no charge to the customer and will not impact the customer’s service. 


Service interruptions 

57. Vodacom will endeavour to limit service interruption occurrences to the Vodacom Fibre service and the length thereof. 

58. In the case of a service interruption in the Vodacom Fibre service, Vodacom will deploy technical teams to address any network faults. 

59. If a customer detects a service interruption in the Vodacom Fibre service, the customer has to notify Vodacom customer care of the interruption. 

60. If the service interruption in the Vodacom Fibre service is traced to a customer’s Vodacom Fibre installation or customer equipment, then Vodacom will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault. 

61. If in the event of a service interruption in the Vodacom Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Vodacom will charge the customer the applicable rates for dispatching the service team to rectify the service interruption. 



Liability 

62. Vodacom accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of Vodacom’s Fibre service including the customer’s use of the customer equipment. 

63. Vodacom accepts no liability for any loss or damage arising out of the use of the Vodacom Fibre service, including loss or damage due to using the Internet and/or transferring files and content. 



Fair Usage Policy 

64. Vodacom reserves the right to use a Fair Usage Policy (FUP) to manage its networks in order to maintain acceptable levels of customer experience. 

65. The Vodacom Fibre services are subject to a FUP. 

66. The Vodacom Fibre FUP is subject to change from time to time. 

67. The Vodacom Fibre Broadband uncapped FUP and the reduced line speed when the FUP is reached has been indicated below: 

Line Speed

FUP Limit

Line Speed when FUP limit is reached

10Mbps

300GB

2Mbps

20Mbps

500GB

2Mbps

25Mbps

500GB

2Mbps

40Mbps

1100GB

2Mbps

50Mbps

1100GB

2Mbps

100Mbps

2200GB

2Mbps


68. The Vodacom Fibre Broadband uncapped price plans do not have out-of-bundle rates. 

69. Vodacom reserves the right to terminate the contractual relationship with customers who regularly breach the fair usage policy for Vodacom Fibre Broadband price plans on no less than 30 days prior written notice. 

70. A customer cannot load a top-up bundle to restore the speed on a Vodacom Fibre Broadband uncapped price plan. 



Non payment 

71. Vodacom Fibre services may be suspended in the event of non-payment. 

72. A reconnection fee may be applied. 


Termination & Cancellations 


73. Cancellations within the contract period will carry a penalty equivalent to all the remaining subscription due for the remainder of the 24 month or 12 month contract period. 

74. The cost of the router provided is recovered over a 24 month period for 24 month, 12 month and month-to-month price plans. 

75. The recovery costs is calculated as follows: 24 months – total months on the existing price plan = balance X CPE cost / 24 

76. Example: A customer on a 12 month price plan who reaches their contract term end date at the end of the 12 months contract period and requests to cancel the service will be liable for the remainder of the cost associated with the router. The recovery costs is calculated as follows: 24 month – 12 months = 12 months X CPE cost / 24 

77. Example: A customer on a month-to-month price plan who cancels their contract in month 6 will be liable for the remainder of the cost associated with the router. The recovery costs is calculated as follows: 24 month – 6 months = 18 months X CPE cost / 24 

78. The customer can cancel the month-to-month contract at any time subject to providing a 30 day notice period. 

79. Any penalties applicable to customer equipment due to termination or cancellation will be included in the last invoice. 

80. Vodacom will inform customers 30 days in advance of the initial contract end period. 

81. Customers will need to inform Vodacom one (1) calendar month in advance for any cancellation/termination request to enable Vodacom to complete processing the cancellation/termination. 


Upgrades and Migrations 

82. The customer can migrate to any other Vodacom Fibre service offer on request. 

83. Upward and downward line speed migrations may attract a once-off fee. 

84. Upward and downward contract term migrations may attract a once-off service activation fee. 



Relocation and Moves 

85. If the customer wishes to move the location of the Vodacom Fibre service, the following will apply: 

85.1. Moves will be allowed subject to a feasibility study on whether a Vodacom Fibre service can be provisioned at the new location. 

85.2. Any additional costs relating to the provisioning of the Vodacom Fibre service at a new location will be charged to the customer with prior approval. 

86. If a Vodacom Fibre customer re-locates to a location with no Vodacom Fibre network, the customer will be able to cancel the Vodacom Fibre contract without penalties however the customer will be liable for any outstanding fees applicable to the CPE. 

87. When the customer relocates or move the Vodacom Fibre service to a different address, a new 24 month, 12 month or month-to-month contract period will apply unless instruction is received by Vodacom to cancel the existing contract which will be subject to Vodacom’s cancellation policy referred to herein. 

88. If a Vodacom Fibre customer moves the Vodacom CPE within the customer premises, the following will apply: 

88.1. A Vodacom Fibre customer will be responsible for charges associated with the move and any non-standard installation charges (where applicable). 



Fixed Voice 

89. The Vodacom Fibre Fixed Voice service is not dependent on a Vodacom Fibre Broadband installation. 

90. The customer will receive a Vodacom Fibre Fixed Voice non-geographic telephone number. 

91. The customer can port a geographical telephone number to the Vodacom Fibre Fixed Voice service. 

92. All national on-net (Vodacom Fibre to Vodacom Fibre and Vodacom Fibre to Vodacom GSM) and off-net (Vodacom Fibre to any other operators) calls will be deducted from the Vodacom Fibre Fixed Voice price plan allocations or at the default out-of-bundle rates if the price plan allocation is depleted. 

93. Vodacom Fibre Fixed Voice minutes will carryover for up to three (3) months. 

94. The Vodacom Fibre Fixed Voice order of consumption is based on expiry date of the voice minutes. The minute bundle that expires first, is the bundle that gets consumed first. 

95. All international calls will be charged at the current Vodacom international calling rates. 



Complaints Handling Procedure 

96. Vodacom will endeavour to resolve all customer related service interruptions timeously; 

97. If the customer believes that the problem is not being adequately attended to; please contact our Contact Centre on 082 1904 (available 24 hours) and request to speak to the Contact Centre Manager (or an authorised delegated representative) to facilitate the escalation. 

98. The escalation will be investigated and feedback will be provided to the customer within a reasonable turnaround time 

99. This provision shall hold for all queries where internal competencies abound for resolution. Where the resolution of a query is dependent on the input of a third party network provider (e.g. network element, value added service or service provisioning interfaces and/or installation), resolution would be dependent on Service Level Agreements (SLAs) agreed with network/service provider and to the extent that the customer is not required to engage with the third party network provider directly 

100. If the customer is not satisfied with the resolution; the customer has the right to request the Contact Centre Manager to further escalate the matter to FTTH Escalations for further investigation. A Service Request Reference number will be communicated to the customer and will be used in all further correspondence with the customer 

101. Upon exhaustion of all aforementioned options to resolve complaint(s) and a customer is still not satisfied with Vodacom, such customer is at liberty to escalate his grievance(s) to the Independent Communications Authority of South Africa (ICASA).