Terms and Conditions - Fast Access

This document sets out the general terms and conditions governing the subscription to and use of Fast Access services, provided by Webtoza (Pty) Ltd trading as Fast Access. These General Terms and Conditions must be read alongside the applicable Service-Specific Terms and Conditions and all Policies of Fast Access. By subscribing to or using any service offered by Fast Access, the Customer and its users unconditionally agree to be bound by these General Terms and Conditions, the relevant Service-Specific Terms and Conditions, and all applicable Policies. Where there is a conflict between this document and any Service-Specific Terms and Conditions, the Service-Specific Terms and Conditions shall take precedence.

General Terms and Conditions

1. Definitions and Interpretation

The following definitions apply throughout this Agreement and all related documents:
1. "Activation Date" means the date on which the Customer formally accepted this Agreement, whether in writing, verbally, telephonically, or electronically (including clicking "I accept" on a webpage or mobile device).
2. "Agreement" means these General Terms and Conditions, together with any applicable Service-Specific Terms, all Fast Access Policies, any completed signup or application forms, and any addenda entered into between Fast Access and the Customer, as amended from time to time.
3. "AUP" means the Acceptable Use Policy of Fast Access, which forms part of this Agreement and which the Customer agrees to comply with at all times.
4. "Business Days" means any day excluding Saturdays, Sundays, and officially recognised public holidays in the Republic of South Africa.
5. "CPA" means the Consumer Protection Act, 68 of 2008, as amended.
6. "Customer" means the individual, company, or legal entity that has subscribed to or applied for Fast Access services and is bound by this Agreement.
7. "Equipment" means any hardware, router, device, or accessory used to access or facilitate the Services, whether owned by Fast Access or the Customer.
8. "Fast Access" means Webtoza (Pty) Ltd, trading as Fast Access, a private company duly registered under the laws of the Republic of South Africa.
9. "FNO" means a Fibre Network Operator — the entity that constructs, owns, and maintains the physical fibre infrastructure used to deliver connectivity.
10. "FTTH" means Fibre to the Home — a residential fibre optic broadband connection delivered directly to the Customer's premises.
11. "FUP" means the Fair Use Policy of Fast Access, which forms part of this Agreement.
12. "Go-Live Date" means the date on which Fast Access grants the Customer access to and/or activates the Services.
13. "Harmful Software" means any code, script, or software designed to gain unauthorised access to, disrupt, damage, or destroy any computer system or network, including but not limited to viruses, worms, trojans, ransomware, and time bombs.
14. "Installation Fee" means any once-off fee applicable to the installation of the FTTH line, which may vary depending on the FNO and the Customer's location.
15. "Intellectual Property" means all patents, trademarks (registered or unregistered), copyrights, trade secrets, database rights, design rights, and all other intellectual property rights.
16. "Monthly Subscription" means the recurring fee payable by the Customer to Fast Access for the Services, billed in advance each calendar month.
17. "POPIA" means the Protection of Personal Information Act, 4 of 2013.
18. "RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002.
19. "Services" means the internet connectivity, fixed LTE, hosting, and any other telecommunications or related services provided by Fast Access to the Customer, as detailed in the applicable signup or order form.
20. "Uncontrollable Event" means any event beyond the reasonable control of Fast Access, including acts of God, natural disasters, civil unrest, load shedding, or the suspension or interruption of services by an FNO or third-party supplier.
21. "VAT" means value-added tax as levied in terms of the Value-Added Tax Act, 89 of 1991.
Headings used throughout this Agreement are for convenience only and shall not affect its interpretation.
Words in the singular include the plural and vice versa. References to natural persons include legal entities.

2. Application and Initiation of Services

Applications for Services must be submitted via the official Fast Access signup portal, a Fast Access-authorised agent, or such other channel as Fast Access may designate from time to time.
Fast Access reserves the right, at its sole discretion, to accept or decline any application for Services without being required to provide reasons for doing so.
Submission of an application does not guarantee the availability of Services at the Customer's location. Feasibility is subject to infrastructure coverage and FNO confirmation.
Where coverage is confirmed and an application is accepted, the Customer will be notified of the anticipated Go-Live Date.

3. Commencement and Termination

This Agreement comes into effect on the Activation Date and remains in force until cancelled in accordance with its terms. Services will be accessible from the Go-Live Date.
The Customer is solely responsible for selecting the appropriate service package. Fast Access will not be liable for any loss or inconvenience resulting from the Customer's selection of an unsuitable plan.
If Fast Access is unable to activate the Services within 30 days of the Activation Date due to an Uncontrollable Event, the Agreement will lapse automatically, and neither party will have any claim against the other arising from the termination.
Month-to-month agreements may be cancelled by either party on one (1) full calendar month's written notice (from the 1st to the last day of the month), submitted by logging a support ticket or through the Fast Access customer portal.
Fixed-term agreements (12 or 24 months) may be cancelled before the end of the Initial Period by providing at least 20 Business Days' written notice. Early cancellation may result in cancellation fees as outlined in the relevant Service-Specific Terms.
If no cancellation is received prior to the end of a fixed term, the agreement will automatically roll over onto a month-to-month basis, terminable by either party on one calendar month's written notice.
Fast Access reserves the right to suspend or terminate Services immediately if the Customer is in material breach of this Agreement, subject to providing 20 Business Days' notice to remedy the breach.

4. Services and Changes to Services

Fast Access will use reasonable efforts to provide reliable and consistent Services. However, Services are provided on a best-effort basis, and Fast Access does not guarantee uninterrupted or error-free connectivity.
Fast Access may amend, modify, or withdraw any Service offering at any time, provided that it gives the Customer reasonable advance notice of any material changes.
Where changes to Services result in a material negative impact on the Customer, the Customer may cancel the Agreement without incurring early termination fees, by providing written notice within 20 Business Days of being informed of the change.
Service speed, performance, and availability may be affected by factors outside Fast Access's control, including infrastructure limitations, FNO maintenance, the Customer's own hardware, or environmental interference.
Service upgrades or downgrades may be requested by notifying Fast Access in writing by the 16th of the current month. Changes will take effect from the start of the following billing cycle.

5. Security

The Customer is responsible for securing their own network, devices, and login credentials used in connection with Fast Access services.
The Customer must not use the Services to distribute or facilitate Harmful Software, engage in any form of network attack, or compromise the security of any third-party system.
Fast Access reserves the right to suspend Services immediately and without prior notice if it detects activity that poses a threat to its infrastructure or other customers' services.
The Customer shall immediately notify Fast Access upon becoming aware of any unauthorised use of their account or any other security breach.

6. Customer Duties

The Customer agrees to use the Services only for lawful purposes and in compliance with all applicable South African laws and regulations, including RICA, POPIA, and the Electronic Communications and Transactions Act.
The Customer is responsible for all activity conducted through their account, including that of any users they grant access to.
The Customer must not resell, redistribute, or share the Services with any third party unless explicitly authorised to do so by Fast Access in writing.
The Customer agrees to keep their contact and billing information up to date and to notify Fast Access promptly of any changes.
The Customer must cooperate reasonably with Fast Access personnel when required to facilitate service installations, maintenance, or fault resolution.
Where applicable, the Customer must comply with RICA registration requirements before any SIM-based service (e.g., Fixed LTE) can be activated.

7. Fees, Charges and Payment

All Monthly Subscriptions are billed in advance and are due on the 1st of each calendar month, unless otherwise agreed in writing.
Fast Access accepts payment via debit order (DebiCheck), electronic funds transfer (EFT), or credit card. The Customer authorises Fast Access to collect the applicable fees via their nominated payment method each month.
Where payment is collected via debit order, the debit order reference will reflect "Fast Access" or "Webtoza" on the Customer's bank statement.
Should two consecutive debit orders be returned unpaid, Fast Access reserves the right to cancel the debit order mandate and require alternative payment arrangements. The account may be placed on a cash-payment basis.
If payment is not received by the due date, the Customer's Services may be suspended without further notice. Services suspended for non-payment will remain suspended for up to 7 calendar days. If payment is not received within that period, the Services may be terminated.
All fees are quoted inclusive of VAT (currently 15%) unless stated otherwise.
Fast Access reserves the right to adjust its pricing from time to time. Customers will be given at least 20 Business Days' written notice of any price increase. Customers on fixed-term agreements will not be subject to price increases before the end of their Initial Period, unless required by law or by an upstream provider adjustment.
Once-off fees, including Installation Fees and setup costs, are non-refundable once the relevant work has commenced or the order has been placed.
Pro-rata billing may apply during the first month of service, covering the period from the Go-Live Date to the commencement of the first full billing cycle.
The Customer is responsible for any bank charges or fees incurred due to returned or failed payment attempts.

8. Intellectual Property Rights and Infringements

All Intellectual Property belonging to Fast Access, including but not limited to its software platforms, trademarks, and proprietary content, remains the sole property of Fast Access or its licensors.
The Customer shall not reproduce, copy, modify, or distribute any content or software belonging to Fast Access without prior written consent.
The Customer warrants that no content transmitted or hosted via Fast Access services infringes the Intellectual Property rights of any third party.
Fast Access complies with the notice-and-takedown provisions of the Electronic Communications and Transactions Act and has designated the Internet Service Providers' Association (ISPA) as its agent for receiving infringement notices as contemplated in Section 77 of the Act.

9. Protection of Personal Information

Fast Access collects and processes personal information in accordance with POPIA. By entering into this Agreement, the Customer consents to the collection, processing, and storage of their personal information as set out in the Fast Access Privacy Policy.
Personal information will only be used for the purposes of providing and administering Services, processing payments, communicating with the Customer, and fulfilling any legal obligations.
Fast Access will not sell or share personal information with third parties for marketing purposes without the Customer's explicit consent.
The Customer has the right to access, correct, or request the deletion of their personal information, subject to applicable legal requirements, by contacting Fast Access support.
Fast Access uses reasonable technical and organisational safeguards to protect personal information from unauthorised access, disclosure, or misuse.

10. Representations and Warranties

Fast Access warrants that:
1. It is duly authorised to provide the Services and enter into this Agreement;
2. It holds, or has the right to use, all Intellectual Property necessary to deliver the Services;
3. It will perform its obligations in a professional and competent manner, consistent with industry standards;
4. It will comply with all applicable South African laws in the delivery of Services.
Fast Access does not warrant that the Services will be uninterrupted, free from errors, or that any particular result will be achieved.

11. Customer Warranties

The Customer warrants that:
1. They have the legal capacity and authority to enter into this Agreement;
2. All information provided to Fast Access during the application process is accurate and complete;
3. They will use the Services only for lawful purposes and in accordance with this Agreement;
4. They will not permit any other person to use the Services in violation of this Agreement or any applicable law.

12. Force Majeure

Neither party will be in breach of this Agreement, nor liable for any failure or delay in performing its obligations, to the extent that such failure or delay is caused by an Uncontrollable Event.
The affected party must notify the other in writing as soon as reasonably possible after becoming aware of an Uncontrollable Event, and must take all reasonable steps to mitigate the impact.
If an Uncontrollable Event persists for more than 30 days, either party may terminate the Agreement on written notice, without penalty.

13. Limitation of Liability and Indemnity

To the maximum extent permitted by law, Fast Access's total liability to the Customer for any claim arising out of or related to this Agreement shall not exceed the Monthly Subscription fees paid by the Customer in the 3 months immediately preceding the event giving rise to the claim.
Fast Access will not be liable for any indirect, consequential, special, or punitive damages, including but not limited to loss of data, loss of revenue, loss of business, or reputational harm, even if Fast Access has been advised of the possibility of such damages.
Fast Access will not be liable for any service interruption, degradation, or loss caused by:
1. An Uncontrollable Event;
2. Actions or failures of an FNO or third-party supplier;
3. The Customer's own equipment, configuration, or network setup;
4. Load shedding or power outages at the Customer's premises.
The Customer indemnifies Fast Access against all claims, losses, damages, and expenses (including legal costs) arising from the Customer's misuse of the Services, breach of this Agreement, or violation of any applicable law.

14. Breach

Should either party breach any provision of this Agreement, the aggrieved party must notify the defaulting party in writing, calling on it to remedy the breach within 20 Business Days.
If the breach is not remedied within the prescribed period, the aggrieved party may cancel this Agreement without prejudice to any other rights or remedies it may have.
Fast Access reserves the right to immediately suspend Services, without notice, in cases of serious breach including but not limited to fraudulent use, non-payment, or conduct that places other customers or Fast Access infrastructure at risk.

15. Dispute Resolution

The parties will endeavour to resolve any dispute arising from this Agreement through good-faith negotiation within 10 Business Days of a written dispute notice being issued.
If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation. The cost of mediation shall be borne equally unless otherwise agreed.
Nothing in this clause prevents either party from seeking urgent or interim relief from a competent court where necessary to prevent irreparable harm.
This Agreement is governed by the laws of the Republic of South Africa, and both parties consent to the jurisdiction of the appropriate South African court.

16. Notices and Domicilia

All formal notices under this Agreement must be in writing and may be delivered by email, registered post, or hand delivery.
Notices to Fast Access should be addressed to the registered business address or support email address published on the Fast Access website.
Notices to the Customer will be sent to the email address or physical address provided on the Customer's account. The Customer is responsible for keeping these details current.
Notices sent by email shall be deemed received on the next Business Day following transmission, unless the sender receives a delivery failure notification.

17. Application of the Consumer Protection Act

Where the Customer is a natural person and the CPA applies, nothing in this Agreement is intended to override, limit, or waive any rights afforded to the Customer under the CPA.
All provisions of this Agreement must be read subject to the CPA, and where any conflict exists between this Agreement and the CPA, the CPA shall prevail.
Customers who qualify as consumers under the CPA are entitled to a 5-Business Day cooling-off period following the conclusion of a direct marketing agreement with Fast Access, during which they may cancel without penalty.

Fibre to the Home (FTTH) Terms and Conditions

These FTTH Terms and Conditions apply specifically to Customers who subscribe to a Fibre to the Home service through Fast Access and must be read together with the General Terms and Conditions above.

1. Service Activation and Installation

FTTH services are available for residential use only and may not be used for commercial or business connectivity unless expressly agreed in writing by Fast Access.
Following receipt of a valid application, Fast Access will confirm whether a fibre line is available or must be newly installed at the Customer's premises, and will advise the anticipated installation completion date ("ICD").
Feasibility maps are supplied by the relevant FNO and may not always be perfectly accurate. Fast Access will communicate any discrepancies as soon as they become known.
If the period between the Activation Date and the ICD exceeds 6 months, the Customer may cancel their order by submitting written notice to Fast Access. Fast Access may recover reasonable costs already incurred up to the date of cancellation, including any equipment already installed.
The Customer must ensure that a suitable installation environment is available and that a responsible adult is present at the premises on the scheduled installation date.

2. Cancellation of FTTH Services

Should the Customer cancel during a fixed-term agreement (Initial Period), the Customer will be liable for the greater of:
1. A cancellation administration fee of R999.00 (inclusive of VAT); or
2. All setup or installation costs incurred by Fast Access on the Customer's behalf, which may vary depending on the FNO.
Month-to-month FTTH agreements are terminable on one calendar month's written notice.
No pro-rata adjustments will apply to billing during the cancellation notice period. The account will continue to be billed at the normal monthly rate.

3. Router and Equipment

Where Fast Access provides a router as part of the service, the router remains the property of Fast Access at all times. The Customer may use it free of charge for the duration of the Agreement.
Upon cancellation of the Agreement, the Customer must either:
1. Return the router to Fast Access in its original condition within 10 calendar days of service deactivation; or
2. Purchase the router from Fast Access at its retail value at the time of cancellation.
The Customer is liable for all courier costs associated with the return of equipment.
The Customer must ensure that all accessories included with the router (LAN cable, power adaptor, etc.) are returned together with the device. Fast Access reserves the right to charge for any missing items.
If the Customer's fibre line is upgraded to 100 Mbps or higher by the FNO, the Customer may need a higher-specification router to fully utilise the increased speed. It is the Customer's responsibility to notify Fast Access if an equipment upgrade is required.
The router will only be insured while the Agreement is active. Fast Access will not be responsible for any damage or loss following service deactivation.

4. FTTH Billing

Monthly FTTH subscription fees are billed in advance on the 1st of each month.
If a service is activated mid-month, a pro-rata charge will be applied for the remainder of that month. Normal billing will commence from the 1st of the following month.
Should payment fail, the Customer's service will be suspended. The Customer will have 7 calendar days to settle the outstanding amount. If payment is not received within this window, the service will be terminated.
Once terminated for non-payment, reconnection may require a new application and installation, and may attract applicable setup fees.
Package upgrades or downgrades must be requested in writing by the 16th of the month to take effect from the 1st of the following month.

Fixed LTE Uncapped Terms and Conditions

These Fixed LTE Uncapped Terms and Conditions apply to Customers subscribed to a Fixed LTE Uncapped service offered by Fast Access and must be read together with the General Terms and Conditions above.

1. Service Overview

Fast Access Fixed LTE Uncapped is a residential broadband service that uses a mobile LTE network to deliver home internet connectivity via a fixed router.
The service is available only within designated LTE coverage areas. Coverage availability is confirmed following order placement and is not guaranteed prior to network verification.
The service operates only on LTE technology. It will not fall back to 3G or 2G networks.
A dynamic public IP address is assigned to each customer. Fixed or static IP addresses are not available on this service.
Traditional mobile services, including voice calls, SMS, and USSD, are not supported on this service.
The SIM card issued for this service is locked to the address provided at sign-up and will not function at a different location. The service may not be used at any address other than the registered premises.
By activating the service, the Customer accepts all terms and conditions applicable to it.

2. RICA Compliance

In compliance with RICA, the Customer is required to provide valid identification and proof of residential address prior to or at the time of SIM delivery and activation.
By scheduling a delivery appointment, the Customer acknowledges and agrees to comply with RICA requirements. Fast Access may not activate the service until RICA registration is complete.
A responsible adult must be present at the specified delivery address during the agreed delivery window to accept the equipment and complete RICA registration.

3. Fixed LTE Billing

Monthly subscription fees are billed in advance on the 1st of each calendar month.
A pro-rata charge will apply for the period from the date of service activation (following SIM delivery and RICA completion) through to the commencement of the first full billing cycle.
Any hardware purchased or rented through Fast Access will be billed separately, as detailed in the Customer's order.
Should payment fail, the Customer's service will be suspended. The Customer will have 7 calendar days to settle the outstanding balance before the service is terminated.
Where two consecutive debit orders are returned unpaid, Fast Access reserves the right to cancel the debit order mandate and place the account on a cash-payment basis, which may result in suspension or termination of the service.
Package upgrades or downgrades may be requested at no penalty. Change requests must be submitted in writing by the 16th of the month to take effect from the 1st of the following month.

4. Contract Duration and Cancellation

Fast Access Fixed LTE Uncapped contracts are offered on a month-to-month basis, terminable by either party on one calendar month's written notice.
A cooling-off period of 5 calendar days applies from the date of service activation. The Customer may cancel without penalty during this window, provided that:
1. All hardware is returned to Fast Access in good condition; and
2. SIM delivery, activation, and courier costs remain payable.
After the cooling-off period, cancellation requires one full calendar month's written notice.

5. Hardware

Customers may use their own compatible LTE router or purchase/rent one through Fast Access.
Fast Access is unable to provide technical support for routers not purchased directly through Fast Access. Customers using their own hardware must seek support from the router's manufacturer or original vendor.
Hardware purchased through Fast Access carries a 12-month warranty against manufacturer defects. This warranty does not cover damage caused by the Customer.
Customers who opt for a router rental must return the router upon cancellation. Failure to return rental equipment may result in additional charges being levied.

6. Relocation

Customers who wish to relocate the Fixed LTE service to a new address must notify Fast Access at least 30 days before the intended move date.
Relocation is subject to LTE coverage availability at the new address. Fast Access cannot guarantee service continuity at an alternative location.
Relocations are permitted up to 4 times per 12-month period.

7. Service Performance and Limitations

As the Fixed LTE service uses a shared mobile network, Fast Access cannot guarantee a specific speed, latency, or service availability at all times.
Performance may be affected by environmental factors, network congestion, the Customer's own router, the number of connected devices, and the physical placement of equipment within the premises.
Fast Access will not be held liable for performance degradation caused by the above factors or by maintenance, upgrades, or incidents on the mobile network.
Fast Access reserves the right to suspend or terminate the service immediately in the event of fraudulent use, misuse, or conduct that violates this Agreement or any applicable law.