Blueoptic Communications Service Provider (Pty) Ltd (Blueoptic CSP for short), registration number 2015/227659/07, a private company with limited liability having its primary place of business at Block B Carlswald Close Office Park, 137 Seventh Road, Carlswald, Midrand (“Blueoptic”), provides the service, which the subscriber accepts. These General Terms and Conditions for service or product specifications may change from time to time. We will endeavour to notify you of any material changes, and such latest terms will always be available on our website www.blueoptic.co.za/terms_and_conditions together with the effective date of those terms whether you were notified or not. Please do check our site regularly. Any use by you of our services after the effective date of our latest terms, will be deemed to constitute acceptance by you of such terms. Each service order accepted in accordance with this agreement forms an individual agreement that incorporates these General Terms and Conditions for Service and establishes the terms and conditions under which we will provide those services to you.
This agreement is between you and Blueoptic, including these General & Service Terms read together with any terms as stated in the application and any service order. Subscriber agrees to be bound by this agreement and to use the service in compliance with the terms of this agreement and with Blueoptic’s and any modifications made to same from time to time.
The Subscriber confirms that he/she is at least 18 years of age, is legally able to enter into contracts and is responsible for this subscriber account. The subscriber shall pay all fees, taxes, charges and other expenses incurred in connection with the account.
For purposes of these Terms and Conditions (“Conditions”), unless the context indicates otherwise, the words and expressions
set out below shall have the meanings assigned to them and cognate expressions shall have a corresponding meaning:
1. “Acceptable use policy” the acceptable use policy of Blueoptic from time to time which forms part of the conditions;
2. “Affiliates” the directors, managers, shareholders or members, agents, representatives, holding companies and subsidiary companies (as those terms are defined in the Companies Act, 2008) of Blueoptic;
3. “Applicable laws” all applicable laws and regulations in the RSA and/or internationally, as the case may be;
4. “Authority and Mandate” or “Debit Order Authority Mandate” the authorisation you give to Blueoptic to debit your account
monthly for the service, on the selected date, which does not constitute the granting of credit or amount to a credit agreement;
5. “Billing start date” the date on which billing for a service starts will be from when the FNO hands over fibre services and your
service is active.
6. “Blueoptic portal”: at www.portal.blueoptic.co.za, where you check the availability of the FNO service in your particular
location before ordering any Service.
7. “Business day” every day excluding Saturdays, Sundays and public holidays in RSA.
8. “Calendar month” means the period beginning on and including the first of each calendar month and ending on and
including the last day of such calendar month.
9. “Charges” the service charges as listed below and any other charges or fees payable by you to Blueoptic in respect of a
service, as set out or referred to in a Service Order and revised from time to time.
10. “Once-off fees” include but are not limited to installation, connection and/or activation charges and are non-recurring
charges for the setup of a service (including installation of any Service Equipment);
11. “Monthly fee” monthly recurring charges for a Service.
12. “Contended” multiple users sharing the same network capacity. Contention ratios are based on the individual design of the
fibre access network over which the Blueoptic service is delivered.
13. “Domicile” the physical address you provide in terms of a proof of address, alternatively per your application form or
authority and mandate, where you will receive any legal notice.
14. “Proof of address (Domicile)” a lease agreement/rental contract/utility bill or proof of purchase, not older than three (3)
months that you provide as proof of physical address where you will receive any legal notice.
15. “Effective date” in relation to a Service, the date upon which Blueoptic accepts your correctly completed Application,
together with any required documentation, which upon acceptance becomes a Service Order and you receive an e-mail
confirmation to this effect.
16. “Emergency works”: works that are necessary at the time to put an end to, or prevent, the arising of imminent or existing
circumstances likely to cause: (i) danger to persons or property; (ii) the interruption of any service provided by the Network or
the network generated by a third party; (iii) substantial loss to Blueoptic or any third party; and such other works in those
circumstances necessary to execute Emergency Works.
17. “FNO” Blueoptic’s partner last mile fibre network provider either operating in your area or who you select in your
Application. All hardware, software, systems, cabling and facilities provided by any FNO will remain the property of the FNO
into perpetuity.
18. “Force majeure” any event beyond a Party’s reasonable control affecting the performance of its obligations, including, but
not limited to, fire, flood, explosion, accident, war, acts of terrorism, power outages, strike, industrial disputes, embargo,
governmental requirement, civil or military authority, Act of God, changes to laws or regulations, inability to secure materials or
services, and acts or omissions of other providers of telecommunications services.
19. “Month to month” The agreement will automatically renew on a monthly basis and such agreement may then be cancelled
by submitting a cancellation request via the Blueoptic Portal with a calendar month notice prior to the date you wish to cancel
the Service.
20. “Network” the points of presence, network hubs and host computers owned, operated or used by Blueoptic in connection
with the provision of a Service.
21. “Party” Blueoptic or you (per the context), and Parties means both you and Blueoptic.
22. “Product” any product offered by Blueoptic as part of the service(s), whether standalone or bundled with a value add-on
product.
23. “Proof of ID” acceptable proof of Identification is SA Green ID Book, SA ID Card or a Passport.
24. “Service” the specific service(s) provided by Blueoptic to you and as may be further described in the relevant Service
Order.
25. “Service application” the online application form accessed on the Blueoptic Portal where you fill-in the required information
to order your Product, which when accepted by Blueoptic becomes a binding Service Order.
26. “Service equipment” the hardware, software, systems, cabling and facilities provided by Blueoptic at your Site in order to
make the Service available to you. Blueoptic remains the owner of Service Equipment.
27. “Service order” your order for a specific Service(s) to be provided to you by Blueoptic, following on from your Service Application.
28. “Subscriber data” technical data such as the date, time and duration of voice or data transmissions that is necessary for
the establishment, billing or maintenance of the transmission. “Regulated Subscriber Data” is that Subscriber Data of which the
use, processing or transfer is regulated by law or regulation as personal data.
29. “Subscriber site” or “Subscriber Premises” a physical location /address provided by the Subscriber in the Service
Application for purposes of installing the Equipment and at which the Services will be provided and utilised.
30. “Uncapped” meaning as set out in the ISPA guideline on broadband terminology published at http://ispa.org.za/code-ofconduct/terminology-guidelines/
31. You / your refers to you, our valued Subscriber, whose details are as supplied to us in your Service Order.
Unless the context otherwise requires, a reference to:
32. Singular may refer to plural, and vice versa, as the case may be.
33. A person includes a reference to a natural or juristic person, as the case may be, including a reference to that person’s
legal representatives, successors and permitted assigns.
34. A document is a reference to that document as supplemented or varied from time to time.
35. To the extent that goods or services provided in terms of the Agreement are governed by the Consumer Protection Act
(CPA), then the provisions of the CPA will prevail in the event of a conflict between any provision of the Conditions and the provisions of the CPA.
36. All monetary amount in these Conditions are exclusive of VAT, unless otherwise stated.
The following legal documents accordingly apply to the provision of Blueoptic Fibre Services and are binding on any subscriber
to such service:
1. Use of the Service is subject to Blueoptic's (‘AUP’), available on the Acceptable Use Policy Blueoptic Website.
2. ISPA Code of Conduct
Each FNO’s Standard Terms and Conditions for the provision of Services. More FNOs information will be added as they become available and applicable
1. Celerity Networks - Standard Terms and Conditions
1. Go to the Blueoptic portal and register by entering your personal details, then search for coverage in your area. Should fibre
coverage be available, you may then complete an application for Service by entering your details and selecting the Provider
and your selected product. You will be advised after our receipt of an application if Service/s can be provided;
2. The Blueoptic portal will generate a Service Order clearly defining all once-off fees and recurring monthly charges, as
applicable.
3. When you complete the Service Order, you accept the terms of the Service Order.
4. By law, you are required to upload your proof of residence as well as a copy of your ID.
5. The application will go to Blueoptic’s service team, who will review your completed application. Once accepted by Blueoptic,
the Agreement is complete and you will thereafter receive an e-mail containing your copy of the Service Order and Debit Order
Authority Mandate.
6. Blueoptic’s service team will inform you of the progress of your Service Order.
7. When applying to move services, transfer service, upgrade services, downgrade services, package changes or termination
of services, applicable charges will apply as determined by Blueoptic and the applicable FNO respectively.
1. Once you have submitted your Service Order to Blueoptic, Blueoptic may carry out any appropriate verification checks on
you, to which you hereby consent. Once Blueoptic is satisfied with its verification of your records and accepts your Service
Order, it becomes binding on you.
2. Any fibre line order done by completing our application form and then cancelled after acceptance by Blueoptic will be
invoiced to you.
3. If the service order is cancelled by the Subscriber after acceptance by Blueoptic even if it is before the fibre line is installed,
then the Subscriber will be liable for installation charges if work has been carried out by the FNO and/or contractor.
1. To downgrade any Service package (changing your existing package to a lower-cost package), you must provide notice to
this effect of on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next
month. Otherwise you will be charged the existing package.
2. No service downgrade will be implemented during the month, there will be no refund/pro-rata for the money paid already for
that service.
3. The Subscriber must provide notice to upgrade their Service package (changing your existing package to a higher-cost
package), 3 working days prior to the required effective date of the new package.
4. If the start date of the upgraded Service package is in the middle of the month, a prorata invoice for the difference will be
issued for immediate payment.
5. Requests for upgrades or downgrades must be done using the Blueoptic Portal found on portal.blueoptic.co.za.
These Terms and Conditions take effect from the effective date of each Service Order.
1. The Subscriber accepts and agrees that these Conditions will become binding on the Subscriber once Blueoptic has
processed the application form and agreed to provide the Subscriber with the Services. These Conditions will continue to be
binding on the Subscriber as follows:
a) On a month to month basis for residential fibre internet services; or
b) Contract terms for business fibre internet services.
2. Either Party may terminate the Agreement (or the relevant Service Order):
a) You may terminate the Service Order at any time by giving one (1) calendar month’s notice (and not 30 days) via the
Blueoptic online portal using your login credentials. Once your request has been, confirmation of the cancellation
acceptance will be emailed to you.
b) immediately by notice if the other Party has committed a material breach which is incapable of remedy;
c) immediately by notice if the other Party has committed a material breach capable of remedy, but which it fails to
remedy within 5 Business Days of having been notified of such breach; or
d) immediately by notice if, in relation to that Service, a force majeure event subsists for a continuous period exceeding
2 months.
3. Blueoptic may terminate the Agreement (or a specific Service Order) with immediate effect if the Service provided for
home/personal use and it is being utilised for business purposes.
4. If Blueoptic has reasonable grounds to believe that there has been a violation of its Acceptable Use Policy, Blueoptic may
notify you and require you to remedy the violation;
a) in the event of an incident involving a violation of public law or regulation or an imminent threat to the Network,
immediately; or
b) in all other cases, within 48 hours.
c) If you fail to notify Blueoptic that such a remedy has been effected in accordance with this clause or if Blueoptic
reasonably determines that the violation is continuing or is likely to occur again, Blueoptic may terminate this Agreement
(or relevant Service) immediately upon notice to you.
5. Blueoptic may terminate the Agreement (or the relevant Service Order) without notice if you fail to make any payment within
7 days of the amount becoming due.
6. Upon termination of the Agreement any accrued Charges not yet invoiced will become due and payable immediately on receipt of an invoice.
1. All Services are provided to the Subscriber on a month to month basis and will automatically renew at the end of each month, unless cancelled by the Subscriber in accordance with these Conditions.
2. All fibre to the home or business services are billed one month in advance. If you subscribe during the middle of a month you will be billed a prorata amount for the rest of the month.
3. Charges will accrue from the billing start date and will be invoiced by Blueoptic for: a) once-off charges; b) rental charges and/or monthly fees monthly in advance.
4. Billing start date will commence the day of collection or delivery of the WiFi router.
5. The initial invoice will be for applicable once-off charges plus pro-rata charge for your first month plus in advance.
6. The fees must be paid by the Subscriber in full, without deduction or set off and free of bank charges on the Invoice Date, unless agreed otherwise by Blueoptic in writing.
7. Any invoice for charges will be due on issue of the invoice and must be paid by way of any of the following payment methods:
a) A debit order against the account details provided by you in the Authority and Mandate. Once debit order is successfully processed, payments are immediately added to the billing system. A processing fee of R108.00 will be charged on all returned debit orders.
b) PayNow: Payments with PayNow are made on the user portal or by clicking the pay now option on the invoice. As with debit order, once successfully completed payments are immediately added to the billing system.
8. Unless the Subscriber notifies Blueoptic in writing (accounts@blueoptic.co.za) within 3 days of receipt of an invoice to the contrary, the contents of such Invoice will be deemed to be correct and will not be disputable.
9. If you wish to dispute any invoice or part of an invoice you must deliver a notice in writing to accounts@blueoptic.co.za setting out the nature of the dispute by providing the following: a) date and number of disputed invoice; b) amount in dispute;
c) reason for dispute; and d) supporting documentation, as appropriate.
1. In the event that a debit order is not honoured, interest shall accrue on any overdue invoice from the due date until payment at a rate of 2% per month.
2. Where a debit order is returned for whatever reason, you will be charged a R108 penalty. Should the outstanding amount remain unpaid after 3 days from the date of debit order, then Blueoptic will suspend your Services.
3. Blueoptic may immediately suspend the supply of Services to you if you commit any act of insolvency.
4. If overdue amounts are paid in full, Services may be re-activated.
5. Service lines that have been suspended for non-payment will be cancelled with the FNO after 30 days and you shall be
notified thereof beforehand. Any reactivation after this 30-day period is at a fee determined by the FNO.
6. In the event of any non-payment in excess of 30 days, in addition to negatively listing your details with any credit bureau, Blueoptic may submit such overdue amount for collection. Any and all costs incurred as such will be for your account.
1. The Subscriber acknowledges and agrees that Blueoptic will be entitled to increase the fees payable by the Subscriber in circumstances of the direct costs to Blueoptic in providing the Services (including, without limitation, the charges charged by fibre network provider(s) in respect of such services) being increased, on 30 days’ written notice to the Subscriber.
2. The increases to the fees shall be commensurate with the increased costs of providing the Services.
Blueoptic will not credit any Subscriber because of fibre downtime caused by maintenance on a fibre line, break in connection, power failures, slow speeds caused by FNO’s network, load shedding or any reason caused by third parties.
The Subscriber may request a reconciliation of their account, by submitting a request in writing to . If the reconciliation proves the balance of the account to be accurate (within a 5% margin), a once off charge of R150.00 per reconciliation will be applied to the Subscriber’s next Invoice.
1. Unless specified, Blueoptic will provide you with uncontended, uncapped, unshaped access to the Network via a fibre circuit (“subscriber circuit”) and the service equipment at a Blueoptic point of presence (“PoP“).
2. Subscriber circuit: Blueoptic supplies, configures and tests the subscriber circuit. Any facilities and extra cabling necessary within the site are not included in the provision of the service.
3. Blueoptic provides Internet access by transmitting and delivering IP packets between your computer/s connected on the Network and other networks in accordance with its standard business arrangements with Providers of such other networks.
4. Throughput rates and IP access: Access to, and across, the Blueoptic network is at the maximum throughput rates set forth in the Service Order. Maximum throughput rates are not guaranteed. Due to the nature of the Internet, Blueoptic can only control IP throughput rates from the user network interface of the Service Equipment to the point of interconnection between the Network and the Internet. IP throughput rates may also be reduced by Blueoptic in accordance with its Acceptable Use Policy, a copy of which can be provided to you on request or found at blueoptic.co.za.
5. Monitoring: Blueoptic monitors the health of the Internet connection by collecting SNMP data at the user network interface on the Service Equipment.
6. Reporting service: Blueoptic may provide usage information in the Blueoptic Portal. The content of any usage information will only be visible to authorised users or authorised Blueoptic employees.
7. Resale of service: any resale of the Service is not permitted.
8. Accuracy of your information: You will provide Blueoptic with accurate and up to date information when completing the Application; and when you contact Blueoptic to report a suspected fault and are asked a standard set of structured questions.
9. Blueoptic will not be liable for any loss suffered as a result of your failure to provide accurate information or any relevant facilities, which may lead to a delay in installation or Service repair.
10. Maintenance: Scheduled maintenance on the Blueoptic infrastructure will be performed during a standard maintenance window during change control windows from 00:00 – 04:00 (UTC +2), as necessary. Blueoptic reserves the right to perform emergency maintenance without prior notice, but will nonetheless endeavour to provide such notice as is reasonably possible in the circumstances.
11. Security: You acknowledge that the logical and physical security measures in relation to the Services are your sole responsibility and Blueoptic will not be held liable for any losses arising out of security breaches of the Services.
12. Disclaimer: Blueoptic will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks.
1. In performing its obligations under the Agreement, Blueoptic will at all times exercise the reasonable skill and care of a competent provider of internet-related services.
2. Blueoptic will use reasonable endeavours to ensure that each Service will conform to its service terms.
3. With respect to the provision of a Service or otherwise, except as expressly set out in the Agreement, all warranties, representations or undertakings, are excluded.
4. Blueoptic advises the Subscriber that Blueoptic also relies on certain services, equipment and/or infrastructure which are provided by a number of third parties who provide separate but interrelated and connected services which as a whole, allows the Blueoptic infrastructure to function. These third parties operate as independent service providers who are not necessarily contracted by Blueoptic and the Subscriber accepts and acknowledges this fact.
5. Whilst Blueoptic will use its best endeavours to ensure that the Services are operational at all times, Blueoptic does not (and cannot) warrant that the Services will be operational on a 24 hour/365 days per year, this being due to the nature of the telecommunications industry and the network, which is dependent on the actions and/or input of a number of independent third parties whom Blueoptic has no direct control over.
6. Accordingly, Blueoptic will not be liable for nor will it reimburse the Subscriber for any Fees paid or costs incurred by the Subscriber for Services which have been interrupted/non-operational for any period of time due to the failure of any third party operations and/or services and/or equipment and/or infrastructure (irrespective of whether Blueoptic has entered into a service level agreement with such third party).
7. Notwithstanding the provisions of this clause, Blueoptic will use its best endeavours to notify the Subscriber in advance of any failure of or interruption to the Services, and where applicable any required maintenance and repairs which may result from such failure, interruption or unavailability, where Blueoptic is in a position to do so.
1. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach of security through your account, you will be liable for any unauthorised use of the Services, including any resultant damages resulting, until you notify Blueoptic.
2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s
arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on Blueoptic.
3. Where Blueoptic assigns the Subscriber an IP address in connection with its use of the infrastructure and/or services, the ownership of and right to use that IP address will remain with and belong only to Blueoptic. The Subscriber shall have no right to use that IIP address except as allowed by Blueoptic in its sole and absolute discretion.
1. You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under the Agreement is solely limited to the amount paid for such Service(s).
2. Blueoptic and our contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
3. Blueoptic is unable to exercise editorial or other control over any content placed on or accessible through your use of the Services and Blueoptic will have no liability as to the quality, content or accuracy of information received through or as a result of the use of the Services.
Notwithstanding anything herein to the contrary, neither Party shall be liable to the other for any delay, failure in performance of any part of this Agreement (other than for payment obligations as set out herein) or damages suffered to the extent that such delay or failure is attributable to a Force Majeure Event.
You acknowledge that any and all patents, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and wherever enforceable, which are used in connection with the Service and/or Service Equipment, will remain the sole property of Blueoptic, its contractors or suppliers.
1. You acknowledge that Blueoptic and our respective subcontractors will, by virtue of the provision of Services, come into possession of Subscriber Data.
2. Blueoptic has implemented and maintains appropriate technical and organisational measures to protect Subscriber Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access and against other unlawful forms of processing.
3. Blueoptic and its respective subcontractors may use or process Subscriber Data:
a) in connection with the provision of Services;
b) to incorporate Subscriber Data into databases controlled by Blueoptic for the purpose of administration, provisioning, billing and reconciliation, verification of Subscriber identity and solvency, maintenance, support and product development, c) fraud detection and prevention, sales, revenue and Subscriber analysis and reporting, market and
Subscriber-use analysis, and
d) to communicate to you by voice, letter, fax or email regarding products and services of Blueoptic.
4. You may withdraw consent for the use, processing or transfer of Subscriber Data as set out above by sending a written notice to Blueoptic to such effect, unless it is required to (i) provision, manage account and bill for the Services; (ii) carry out fraud detection; or (iii) comply with any statutory obligation, regulatory requirement or court or other public authority order.
In terms of Section 75 of the Electronic Communications and Transactions Act ("the Act") Blueoptic has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of
the Act.
ISPA Contact Telephone: 010 500 1200
Takedown Notice Email - takedown@ispa.org.za
Takedown notice information and form - https://ispa.org.za/tdn/
Postal Address
PO Box 518
Noordwyk
Midrand, 1687
The Subscriber will not be entitled to assign, cede, delegate or transfer any rights, obligations, share or interest acquired in terms of the Conditions and/or the Services, in whole or in part, to any other party or person without the prior written consent of Blueoptic. No Party will have any claim or right of action arising from any undertaking, representation or warranty not included in these Conditions.
No extension of time, relaxation or indulgence granted by Blueoptic to the Subscriber will be deemed to be a waiver or tacit amendment of Blueoptic’s or the Subscriber’s rights in terms hereof, nor will any such relaxation or indulgence be deemed to be a novation or waiver of the terms and conditions of these Conditions.
Each of the provisions of these Conditions will be considered as separate terms and conditions and in the event that these Conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was
